Stated Meeting September 10, 2020 COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Via Microsoft Teams Philadelphia, Pennsylvania Thursday, September 10, 2020 10:35 a.m. PRESENT: COUNCIL PRESIDENT DARRELL L. CLARKE COUNCILWOMAN CINDY BASS COUNCILWOMAN KENDRA BROOKS COUNCILMAN ALLAN DOMB COUNCILWOMAN JAMIE GAUTHIER COUNCILWOMAN KATHERINE GILMORE RICHARDSON COUNCILMAN DEREK S. GREEN 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 COUNCILMAN MARK SQUILLA COUNCILMAN ISAIAH THOMAS MICHAEL A. DECKER, CHIEF CLERK Stated Meeting September 10, 2020
Thank you, and good morning, everybody. It's good to be back. We're going to start now. We have established a quorum. I understand that the state law currently requires that the following announcement be made at the beginning of every remote Council session: Due to the current public health emergency, City Council is currently meeting remotely. We are using Microsoft Teams to make this remote meeting possible. Instructions for how the public may view the meeting and offer public comment are included in the Stated Meeting notice that was published in the Daily News, Inquirer, and Legal Intelligencer prior to the meeting, and it can also be found on PHLCouncil.com. I now note that the hour has come. Mr. Decker will please call the roll to take attendance, and members can say maybe a couple of words to make sure that your name and your visual is Stated Meeting September 10, 2020 Decker, call the roll.
Good morning, Mr. President and colleagues. Very glad to be back, and looking forward to today's business. Thank you.
Good morning, everyone. It's so good to see everyone's faces and just to be back in session.
Good morning, everyone. Stated Meeting September 10, 2020
Good morning, Council President. Good morning, colleagues. I'm excited to be back in session today.
Good morning, Council President. Good morning, colleagues. So happy to see all of you and be back in session. Thank you so much.
Good morning, colleagues. I'm glad to be back in City Hall. I see, Council President, you are a man of the people, sitting with Stated Meeting September 10, 2020 the Chambers, which is great to see. You come off the podium, so...
Good morning, Council President. Good morning, colleagues. I'm looking forward to the session.
Good morning, Council President, and good morning to all of our great colleagues in City Council.
Good morning, Council President. Good morning, Council colleagues. Stated Meeting September 10, 2020
Good morning, Mr. President. Good morning, colleagues. Good morning, viewing audience.
Good morning, Council President. Good morning, colleagues.
Present. Stated Meeting September 10, 2020 morning, colleagues. Great to see everyone.
Good morning, everyone. I want to thank the viewing audience for their patience as we learn to live in this new normal. Thank you for your patience.
Good morning, President and colleagues. Happy to be here at this session. Looking forward to another great term here in Council.
Good morning, Council President. Good morning, colleagues. Happy to be back. And good morning to the listening public.
Good morning. Present, and thank you. And a quorum of the Council is present. Council will now come to order. Despite the great need, there will be no invocation today. We will, however, observe a very brief moment of silent prayer for our city, its leaders, and its citizens during the current public health crisis. Can we now please observe a moment of silence. (Moment of silence.)
Thank you very much. Thank you very much. Stated Meeting September 10, 2020 next order of business is the approval of the Journal of the meeting of Thursday, June 25th, 2020, and the Chair recognizes Councilman Squilla.
Thank you, Mr. President. I move that the Journal of the meeting on Thursday, June 25th, 2020 be approved. (Duly seconded.)
Thank you. It's been moved and properly seconded that the Journal of the meeting of Thursday, June 25th, 2020 stand approved. All those in favor indicate by saying aye. (Aye.)
The ayes have it, and that Journal is approved. And our next order of business Stated Meeting September 10, 2020 of absence, and the Chair recognizes Councilwoman Parker.
Thank you, Mr. President. On behalf of the members of Council, there are no requests for leaves of absence today.
The Chair thanks the Councilwoman. And our next order of business is communications, and the Clerk will please read the messages from the Mayor and any other communications that he may have in his possession.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on June 26 and July 1, 2020, I signed all of the bills that were passed by Council on June 18, 2020, except Bill No. 200298, which was re-called and passed by Council on June 25, 2020; and that on June 26, July 1, July 13, July 27, August 24, and September 9, 2020, I signed all of the bills that were passed Stated Meeting September 10, 2020 25, 2020, except Bill No. 200363, which I am returning without my signature. And I respectfully request and submit for the consideration of your honorable body a resolution confirming the reappointment of Michael H. Reed, Esquire, as a member of the Board of Ethics, to serve in the term ending November 16, 2025; and A resolution confirming the reappointment of JoAnn A. Epps, Esquire, as a member of the Board of Ethics, to serve in the term ending November 16, 2024; and A resolution authorizing the Philadelphia Land Bank to dispose of 1906 North 24th Street located in the Fifth Councilmanic District; and A resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the Point Breeze Urban Renewal Stated Meeting September 10, 2020 Area, identified by house numbers and street addresses as 1308 through 1314, 1318 and 1336 through 1344 South Capitol Street, 2025 through 2029, 2031, 2033 through 2035 and 2038 Reed Street, 1400, 1402, 1410, 1413, 1415, 1419, 1421, 1426, 1428, 1430 and 1440 South Taylor Street and 2024 Wharton Street; and A resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the New Kensington-Fishtown Urban Renewal Area, identified by house number and street address as 1824 East Huntingdon Street; and A resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the New Kensington-Fishtown Urban Renewal Area, identified by house number and street address as 2451 through 2453 Frankford Avenue; and Stated Meeting September 10, 2020 A resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the New Kensington-Fishtown Urban Renewal Area, identified by house number and street address as 2514 Coral Street; and A resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the New Kensington-Fishtown Urban Renewal Area, identified by house number and street address as 2103 East Hagert Street, all under certain terms and conditions.
Thank you, Mr. Decker. Appreciate it. And our next order of business is the introduction of bills and resolutions. Just by way of reminder, we are asking that all resolutions, including Stated Meeting September 10, 2020 privileged resolutions, be placed on the Final Passage for the next session of Council, unless they are being referred to a committee. In our current remote environment, this procedure will provide an appropriate opportunity for public comment. So I want to thank you very much in advance for your cooperation. Mr. Decker, can you please read the titles of the legislation that is being offered today by the members.
Councilwoman Parker offers an ordinance amending Chapter 10-2200 of The Philadelphia Code, entitled "Hate Crimes," to provide for penalties for criminal conduct involving misuse of the 911 emergency response system motivated by hatred toward certain characteristics of other persons; and An ordinance amending Section 9-1130 of The Philadelphia Code, entitled "Unlawful Credit Screening Practices in Employment," by revising restrictions.
Stated Meeting September 10, 2020 Those two bills will be referred to committee.
And a resolution proclaiming the week of September 14, 2020 as "Census Week" in Philadelphia. Councilwoman Parker is introducing that on behalf of Council President Clarke.
Thank you, Mr. President. I would like to be recognized to speak on that resolution in particular.
Thank you. Thank you, Councilwoman. Please proceed. I know there's a little special that we all -- you all can -
Thank you. Thank you, Mr. President, for allowing me a special exception to speak now on the Census Week resolution immediately after its introduction. At this time, I will ask my colleagues to please put on their Stated Meeting September 10, 2020 census-themed masks. Please put on your census-themed masks. Council President Clarke, when he noted that he wanted this resolution introduced proclaiming, officially proclaiming, next week, the week of September the 14th, as Census Week in Philadelphia, I was extremely pleased. In reality, we know that between now and the deadline at the end of September -- and we want to be clear about this -- we need every week, every day, every hour, every second to be focused on the census. I know lots of people are talking about the election and voting, but equally important is our participation in the census. For a very brief background for the public, the census is the once-a-decade population and housing count of all 50 states, the District of Columbia, Puerto Rico, and the island areas as required by the U.S. Constitution. The results of the census Stated Meeting September 10, 2020 actually determine the number of seats for each state in the U.S. House of Representatives and are used to draw congressional and state legislative districts and to distribute hundreds of billions of dollars in federal funds each year. Philly Counts 2020 is our city's effort to support the next U.S. Census. Philly Counts, along with the Philadelphia Regional Office of the bureau and partners, have been working tirelessly to get all Philadelphians to fill out the census. We've got to give a shout-out to all members of Council who have also been working in their respective districts and all over the City to encourage participation. While some areas of Philadelphia have filled out the 2020 census at rates similar to the 2010 census, listen, some of our neighborhoods are still behind. We want to leave you Stated Meeting September 10, 2020 with this for the benefit of the public: According to our research, there are very real implications for our city if we don't get enough Philadelphians to fill out this census. In the 2020 count, if just one person is missed -- and you should quantify this and know this -- our city could face a loss of $21,000 in federal funding over the next decade if an undercount occurs. The City's capacity to meet the needs of all of our residents in areas that are important to us will be seriously impacted. So join the members of City Council in making being counted a priority. Thank you, Mr. President, for your leadership and Council's leadership in promoting that all of us need to be counted. PHL counts. Thank you, Mr. President.
Thank you, Council Lady. Folks, please, please be Stated Meeting September 10, 2020 counted. This is all about the money. Thank you.
Councilwoman Parker introduces on her own behalf a resolution recognizing September as Suicide Awareness and Prevention Month in the City of Philadelphia, and affirming the need for suicide prevention awareness and robust mental health services.
Thank you. That will be on the next session of Council.
Councilwoman Gilmore Richardson offers a resolution permanently recognizing the third week in August as Solar Week in the City of Philadelphia.
Thank you, Mr. Decker. That will be on our next session of Council.
And a resolution authorizing the Committee on Education to conduct hearings exploring the benefits of the School District of Philadelphia Stated Meeting September 10, 2020 mandating conflict resolution training at all curriculum levels; and A resolution authorizing the Committee on the Environment to conduct hearings to investigate challenges and solutions to street litter and waste disposal systems in the wake of COVID-19 in the City of Philadelphia; and A resolution calling on the Philadelphia Postmaster to meet with Congressman Dwight Evans and the Philadelphia Congressional delegation to discuss the alleged removal of sorting machines from Philadelphia area post offices which would cause delays in the processing of Census forms and mail-in ballots.
Mr. Decker, that last one, is that calling for a hearing or just a meeting?
Okay. So the two prior resolutions Stated Meeting September 10, 2020 calling for a hearing will be on today's Calendar. The last resolution will be on next week's Calendar.
The resolution calling for a hearing, there are two resolutions calling for a hearing, Mr. President.
Councilwoman Gym offers an ordinance amending Chapter 9-800 of The Philadelphia Code, entitled "Landlord and Tenant," to address matters related to the landlord and tenant relationship during the novel coronavirus of 2019 pandemic, including providing for temporary eviction relief, and making certain technical changes.
And a privileged resolution authorizing City Council Committee on Housing, Neighborhood Development, and the Homeless to hold Stated Meeting September 10, 2020 hearings on the role and responsibilities of the Philadelphia Landlord-Tenant Officer position; the policies and procedures it manages in the eviction process, particularly around writs of service; and clarifying oversight, ethics, and public accountability for the Landlord-Tenant Office.
And a resolution honoring the award-winning Philadelphia Public School Notebook for its enduring legacy and commitment to education justice, to independent journalism, and to centering and uplifting citizen voices through more than a quarter century of public school advocacy, upon its transition to new management under Chalkbeat.
And a non-privileged resolution urging the Stated Meeting September 10, 2020 United States of Representatives to pass House Resolution 7947, also known as the "Supporting Foster Youth and Families through the Pandemic Act," providing substantial and additional aid to older foster youth and kinship families and preventing mandatory "aging out" during the COVID-19 pandemic.
Mr. President, one of these resolutions authorized a hearing. Does that also go on next week's Calendar?
No. The authorization for a hearing should be on this week's Calendar. That's my mistake. I apologize.
Councilman Henon offers an ordinance establishing a no truck parking regulation on both sides of Tulbut Street, from Torresdale Avenue eastbound to the end of the roadway.
Stated Meeting September 10, 2020 Referred to committee.
And an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Buckius Street, the Delaware River, Orthodox Street (extended), and Richmond Street.
Councilman Jones offers a privileged resolution authorizing the City Council Committee on Public Safety and the Special Committee on Gun Violence Prevention to hold hearings to review and examine the perpetrators of the last 100 shootings in Philadelphia, as well as exploring the source of the guns used to commit violent crimes and the role of the criminal justice system in the offender's life.
And a privileged Stated Meeting September 10, 2020 resolution recognizing the 12th Annual Block Captain Boot Camp, which will be held virtually for the first time ever on Saturday, October 24, 2020.
And a privileged resolution supporting the National Minority Business Development Agency and recognizing October 5 through October 9, 2020 as Philadelphia Minority Enterprise Development Week, which provides critical information, resources, opportunities and inspiration to the minority business community.
And a privileged resolution recognizing and honoring Dana Jenkins, Principal of Roxborough High School, on the occasion of her retirement, after twenty years of dedication and service to the School District of Philadelphia. Stated Meeting September 10, 2020
Councilman Johnson offers on behalf of Council President Clarke an ordinance amending Title 4 of The Philadelphia Code, entitled "The Building Construction and Occupancy Code," and Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by adding disclosure requirements with respect to certain applications, permits, and notices.
Councilman Johnson offers on his own behalf an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Bartram Avenue, the Delaware Expressway, Enterprise Avenue, and Island Avenue.
Referred to committee. Stated Meeting September 10, 2020
Councilman Johnson also offers a non-privileged resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the Point Breeze Urban Renewal Area, identified by house numbers and street addresses as 1308 through 1314 South Capitol Street, 1318 South Capitol Street, 1336 through 1344 South Capitol Street, 2025 through 2029 Reed Street, 2031 Reed Street, 2033 through 2035 Reed Street, 2038 Reed Street, 1400 South Taylor Street, 1402 South Taylor Street, 1410 South Taylor Street, 1413 South Taylor Street, 1415 South Taylor Street, 1419 South Taylor Street, 1421 South Taylor Street, 1426 South Taylor Street, 1428 South Taylor Street, 1430 South Taylor Street, 1440 South Taylor Street and 2024 Wharton Street.
And that will be on next week's Calendar. Stated Meeting September 10, 2020
Councilwoman Quinones-Sanchez offers on behalf of Council President Clarke, Councilwoman Sanchez, and Councilman Domb an ordinance authorizing transfers in appropriations for Fiscal Year 2021 from the General Fund, the Council to the General Fund, the Director of Finance.
Councilwoman Brooks offers an ordinance amending Chapter 9-800 of The Philadelphia Code, entitled "Landlord and Tenant," to address matters related to the landlord and tenant relationship during the novel coronavirus of 2019 pandemic, including providing for the temporary waiver of certain fees, and making certain technical changes.
Councilwoman Brooks also offers a privileged Stated Meeting September 10, 2020 resolution commemorating the 55th anniversary of the signing of the Voting Rights Act.
Councilman Domb offers a privileged resolution authorizing the Committee on Public Safety to hold a hearing examining the ongoing safety and noise issues with the use of ATV and other unauthorized vehicles on City streets and the possibility of creating a space for safely riding in Philadelphia. That calls for a hearing, Mr. President.
I have four others. And a privileged resolution recognizing the American Jewish Committee and the National Urban League's Black Stated Meeting September 10, 2020 Jewish Unity Week and the ongoing efforts to partner and work together in creating a more equitable future.
And a privileged resolution honoring the life of Eleanor Sokoloff and her legacy of service and promotion of musical education in Philadelphia.
And a privileged resolution honoring Richard M. Englert upon his retirement as Temple University's President and his contributions to Temple and Philadelphia.
And a privileged resolution authorizing the Committee on Commerce and Economic Development to hold a hearing that examines recent research released by Pew Charitable Trusts and Stated Meeting September 10, 2020 Center City District on the state of our local business economy, the role our Black-owned and minority-owned businesses play in the City's economy, and the impact of Covid-19 on these businesses.
Councilwoman Gauthier offers an ordinance amending Chapter 9-800 of The Philadelphia Code, entitled "Landlord and Tenant," to address matters related to the landlord and tenant relationship during the novel coronavirus of 2019 pandemic, including providing for repayment agreements, and making certain technical changes.
And a non-privileged resolution calling on Mayor James F. Kenney to declare gun violence a citywide emergency and develop an urgent, unrelenting response to the gun violence epidemic plaguing Black and Stated Meeting September 10, 2020 Brown neighborhoods in Philadelphia, and reaffirming the commitment of the City Council of Philadelphia to continue collaborating with, and supporting the work of, the Mayor, our City agencies, the criminal justice community, and non-governmental partners, to mitigate this deadly epidemic.
Councilman Thomas offers a privileged resolution honoring and congratulating the Mastery Charter North girls basketball team, on their successful 2019-2020 season and overall 20 to 9 record in the Philadelphia Public League girls basketball championship.
And a privileged resolution honoring and congratulating activist, advocate, founder and president emerita of the Children's Defense Fund Marian Wright Edelman. Stated Meeting September 10, 2020
And a non-privileged resolution calling on Pennsylvania Interscholastic Athletic Association to create equitable forms of competition for schools and students unable to compete in their sports in the normal way because of public health guidance in their communities.
And a non-privileged resolution calling on the Pennsylvania Department of Education to cancel the PSSA and Keystone exams for the 2020 through 2021 academic year and redirect the resources to providing the best digital learning environment possible.
Councilman O'Neill offers on behalf of Council Stated Meeting September 10, 2020 President Clarke a non-privileged resolution confirming the reappointment of Michael H. Reed, Esquire, as a member of the Board of Ethics, to serve in the term ending November 16, 2025.
And a non-privileged resolution confirming the reappointment of JoAnn Epps, Esquire, as a member of the Board of Ethics, to serve in the term ending November 16, 2024.
Councilman Squilla offers an ordinance authorizing the Philadelphia Chinatown Development Corporation also known as PCDC to own and maintain a pedestrian plaza, along the west median of the 10th Street and Vine Street intersection on the structure carrying traffic above Interstate 676.
Referred to committee. Stated Meeting September 10, 2020
And an ordinance authorizing Keystone Property Group to construct, own, and maintain a proposed exterior building ramp at 100 South Independence Mall West.
And a non-privileged resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the New Kensington-Fishtown Urban Renewal Area, identified by house number and street address as 1824 East Huntingdon Street.
And a non-privileged resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the New Kensington-Fishtown Stated Meeting September 10, 2020 Urban Renewal Area, identified by house number and street address as 2103 East Hagert Street.
And a non-privileged resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the New Kensington-Fishtown Urban Renewal Area, identified by house number and street address as 2451 through 2453 Frankford Avenue.
And a non-privileged resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the New Kensington-Fishtown Urban Renewal Area, identified by house number and street address as 2514 Coral Stated Meeting September 10, 2020 Street.
Councilwoman Bass offers on behalf of Council President Clarke an ordinance renaming and designating the property commonly referred to as the 30th and Jefferson Playground, located at the corner of 30th and Jefferson Streets, as the "Howard McCall, Sr. Playground" in the City of Philadelphia. Councilwoman Bass offers on her on behalf an ordinance amending Title 6 of The Philadelphia Code, entitled "Health Code," by creating a new Chapter 6-1300 entitled "Healthy Outdoor Public Spaces," to promote a healthy environment that protects the public from the risks of toxic herbicides by prohibiting their use on all city-owned or used public grounds including but not limited to parks, trails, recreation centers, and playgrounds; establishing reporting Stated Meeting September 10, 2020 requirements; and establishing a private right of action.
Councilman Oh offers an ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a Resolution approved by Council proposing an amendment to the Philadelphia Home Rule Charter revising the powers and duties of the Art Commission to require the Commission to prepare an analysis justifying any removal or relocation of a City statue or monument whenever there is controversy or public dispute, and to oversee a public referendum process prior to any such removal or relocation.
And a privileged resolution recognizing September as National Recovery Month in Philadelphia Stated Meeting September 10, 2020 and celebrating the 19th annual PRO-ACT Recovery Walks! to promote recovery and work to end the stigma surrounding drug and alcohol addiction.
And a privileged resolution recognizing September 2020 as Childhood Cancer Awareness Month in Philadelphia in honor of childhood cancer patients, care givers, survivors, and those children who have succumbed to the disease.
And a non-privileged resolution appointing 15 individuals to the Philadelphia Fashion and Garment Industry Task Force.
And a non-privileged resolution proposing an amendment to the Philadelphia Home Rule Stated Meeting September 10, 2020 2ND READING Charter by revising the powers and duties of the Art Commission to require the Commission to prepare an analysis justifying any removal or relocation of a City statue or monument and to oversee a public referendum process prior to any such removal or relocation.
There are no other bills or resolutions being offered by the members today, Mr. President.
Thank you very much, Mr. Decker. That concludes our introduction of bills and resolutions. There are no reports from committee today, so our next order of business is the consideration of the Calendar. There being no bills on the First Reading Calendar, the Chair recognizes Councilwoman Parker for the purpose of calling up resolutions and Stated Meeting September 10, 2020 bills on the Second Reading and Final Passage Calendar.
Thank you, Mr. President. The following resolutions and bills are being called up from the Second Reading and Final Passage Calendars today. They are Nos. 200399, 200349, 200350, 200188, 200345, 200354, 200365, 200303, 200364, and 200368. All other bills and resolutions are being held.
Thank you, Council Lady. Before considering these resolutions and bills, we will consider public comment. It will go as follows: The public comment must concern matters on the Second Reading and Final Passage Calendar for possible action at a session of Council. A speaker on any of those matters must sign up in order to testify. You must call 215-686-3406 by 5:00 p.m. the day before the session to sign up for public comment. Stated Meeting September 10, 2020 When you call, we will take your name, phone number, the number of the legislative item you are commenting on, and whether you are in support of or against the legislation and to add to the list. I must say for the record, that is important. I've noticed that a number of individuals have not indicated their position on that bill. When we have an overabundance of bills and we have to pare back the number of people that testify, we try to have a balanced approach, but if you don't indicate what position you're taking, it makes it difficult to do that. So for the public that wishes to testify, please indicate what your position will be on that particular bill so we can make sure that we have a balanced approach in terms of being able to testify in support or in opposition to a particular bill. We will telephone each person on the list during the Council session Stated Meeting September 10, 2020 and invite them to our remote meeting. Under ideal circumstances, they will each have two minutes to speak, which we will do today because of the abundance. In order to be fair to all those wishing to speak, I intend to hold faithfully to the established time limit. Once invited to the meeting and asked to begin your testimony, a timer will be started. We will monitor your remaining time throughout your testimony, and when there are 30 seconds remaining to your time, you will be reminded of this. Once your allotted time has passed, you will be asked to conclude your remarks, and shortly thereafter you will be muted and disconnected from the remote meeting. As I indicated earlier, when you have repetitious comments, as we do today, we're going to limit the number to seven per legislation that will be -witnesses that will be for today. Please be aware that this Stated Meeting September 10, 2020 public meeting is being recorded. Because the public meeting is public, participants and viewers have no reasonable expectation of privacy. So by continuing to be in the meeting, you are consenting to being recorded. I will now ask Mr. Decker to please read the name of the first speaker.
Mr. President, we'll need to take a very short break while we call the participants and invite them to the meeting.
And I will ask Mr. Decker to please take a short break while you can invite the participants to the meeting.
Council President, this is Bobby Henon. Just a point of personal privilege. I'd like to offer my sincere condolences to our colleague Allan Domb and their family for the recent loss of his mother.
Mr. President, thank you so much, Councilman Henon, for interjecting. Those were comments that were to be made to Councilman Domb on behalf of all members of Council at the end of our session following our completion of business, but we thank you, Councilman Henon. Although moving forward a little quickly, we got done what we needed to get done on behalf of all members of Council. Thank you.
The first speaker we have for public comment today, Mr. President, is Shahid James, commenting on 200303. Stated Meeting September 10, 2020
Hi. My name is Shahid James and I'm a member of Philadelphia Drivers Union and I'm testifying in support of Bill No. 200303. I'm diabetic and did not work since March, but then I had no choice. After only a few days back to work with Uber, I felt sick and I was tested positive for COVID-19. I reached out to Uber for financial help. They gave me $394. That's it. Those two weeks of isolation, and my baby also tested positive. My wife had to quarantine from her work, but her work paid her full pay. And even a bigger trouble -- it put me in -- it put me behind my rent and my bills. I work more than 60 hours per week for Uber for almost seven years, and $394 was not fair. It wouldn't even cover the cost of my car and insurance. Please be clear, I'm still not feeling well and I have dizzy spells, but I tested negative now and have no choice Stated Meeting September 10, 2020 but go to work. We are forced to pick up customer with or without masks, because if we refuse a chance to ride, they drop our rating, which could lead to termination. Then they say we are self-employed, but they treat us more like employees. We deserve protection doing this dangerous job.
The next speaker is Jonnie Sullivan, commenting on 200303. (No response.)
We have you. Good morning. Please state your name for the record and proceed with your testimony.
Sure. My name Stated Meeting September 10, 2020 is Jonnie Sullivan and I have been a CNA at Chestnut Hill for 11 years now. I'm speaking to you today because I am unfortunately an example of just how badly we need Councilmember Brooks' paid sick leave law, Bill No. 200303, here in Philadelphia. When the COVID-19 pandemic hit in March, my co-workers and I were on the front lines providing direct care for COVID patients in our hospital. We were risking our own health and even the health of our families to take care of others. I didn't complain because it's my job and I do love my job taking care of others, but in those early days, my hospital wasn't providing the best protection for me and my co-workers. We were working directly with COVID positive patients and using the same PPE over and over again, PPE that was only designed to be used once. So it shouldn't surprise anyone Stated Meeting September 10, 2020 that I became sick. Within a few weeks I began to feel muscle aches and chills. I went for a test and, surely enough, I was diagnosed positive for COVID-19. I was sent home for quarantine, but after a few days at home, I got really worse. I began to have trouble breathing, and so I went to the hospital and I was admitted immediately and spent 12 days there. I was eventually sent home, but still on oxygen and bedrest. I continue to have health problems and spent almost four months out of work. My employer said I couldn't prove that I contracted COVID-19 at the hospital, so they refused to cover me. I used all of my sick time, all of my vacation time, and eventually had to apply for disability. It wasn't enough. I'm still behind on my bills. And here's the crazy part: I'm one of the lucky ones. I know it's hard for me right now, so I imagine others who have the same problem. Stated Meeting September 10, 2020 I'm asking you today to hold these employers accountable to help people who need it and deserve it. Pass this bill. Thank you.
Hello. My name is Angela Vogel. I'm a founding member of the Philadelphia Drivers Union.
And I'm in tears as I am speaking in support of Bill 200303. You heard Shahid's story, and it's not unique. And I am here today to thank you to not make me take another call from a driver who got sick while working for these multi-billion-dollar corporations and tell them there's nothing that can be done. Uber and Lyft are currently Stated Meeting September 10, 2020 running one of the most -- the most expensive ballot measure in history. These companies can afford to give their workers basic protections, especially considering that we are doing one of the most dangerous and most essential jobs in the City. An enclosed vehicle is one of the most dangerous possible spaces for contracting COVID. Council, I'm going to just cut my comments short. I implore you please to pass this bill. Don't make me tell one more driver that they can't pay their bills when they went out to work for multi-billion-dollar app companies. Don't make me tell them that their city has nothing that they can do for them. Thank you for your time and thank you, Councilmember Brooks, for introducing this bill.
Elyse Ford, commenting on 200303. Stated Meeting September 10, 2020
Good afternoon to all the members of City Council. My name is Elyse Ford and I'm speaking in support of Bill No. 200303. I am the Vice President of District 1199C, an affiliate of the National Union of Hospital and Healthcare Workers, which represent 13,000 members working in the major healthcare institutions throughout Philadelphia and the region. I also have a seat on the Board of Directors of the Working Families Partnership, a coalition of allied labor and community groups abolishing barriers and driving innovative approaches to low- and middle-class families in Philadelphia that can lead dignified and productive lives. I come before you today to talk about a very important issue, the health, the safety, and the wellbeing of healthcare employees during a global pandemic. District 1199C and the Working Family Partnership proudly support Stated Meeting September 10, 2020 Councilwoman Brooks' bill, which will provide paid sick leave for healthcare employees who need to stay home to take care of themselves or a loved one. The state Department of Health has mandated nursing home workers be tested regularly. If they test positive, they're required to quarantine for ten days or sometimes longer to avoid spreading the disease. Some nursing home workers do not receive any paid sick leave days. In that case, nursing home workers are left to isolate home without any pay, sometimes for more than a week. In addition, these workers were left out of the federal Families First legislation that provided paid sick leave. Going that long without pay can be devastating to an employee, especially if they have to provide for their family at home. The PA advocates for improved COVID-19 response in long-term care facilities published a publication titled "Immediate action Pennsylvania must take Stated Meeting September 10, 2020 to address the COVID-19 crisis in long-term care facilities." The publication states that Pennsylvania should guarantee all long-term care facilities staff a minimum of two weeks paid sick leave and protection against penalization for that using sick leave time. Councilwoman Brooks' paid sick leave bill will enable Pennsylvania long-term care workers to receive that much-needed protection. Councilwoman Brooks' paid sick leave bill is not only good for healthcare employees but for the elderly as well. This includes making sure that staff is protected and do not spread COVID-19 by coming to work sick. I urge all members of City Council to vote yes on the bill and give healthcare workers the financial protections they deserve. Thank you.
Thank you for your testimony. Stated Meeting September 10, 2020
The next speaker is Will Carter, commenting on 200303. (No response.)
Let me go ahead, because I know my time is running. Thank you for having me, Council President, members of Council. I'm here to testify on 200303. The Chamber of Commerce, having heard from several members, maintains that Bill No. 200303 as passed out of committee could better consider the economic climate brought on by the coronavirus pandemic and obstacles we create for businesses fighting to recover at this critical time. Let me be clear, everyone wants those who are sick to be able to stay home, everyone, all businesses that we Stated Meeting September 10, 2020 have talked to. They understand that this is an emergency and people should be able to stay home. That is why the overwhelming majority of businesses provide paid time for this purpose. What also, however, must be understood is that -- by the sponsors is that COVID-19 remains a historic disruption to the world as we once knew it. With both large and small businesses experiencing unprecedented financial hardships and significantly reduced revenues, many have had no choice but to shut down permanently. Thankfully, the City's healthcare, government, essential workers, philanthropic community, and public-private partnerships have helped ensure our city has a chance to recover. However, as you're aware, much work remains. The Chamber of Commerce submitted amendments to this bill to members of Council that look to clean up the bill and ensure that there is no Stated Meeting September 10, 2020 duplicative processes in the legislation. The first amendment has to do with exempting businesses who have equal or greater paid time off. This was an amendment adopted in the committee, and we just wanted to ensure that if the businesses are doing the right thing and having more generous policies, that they are not adding costs on to what they're already doing if they already offer equal or greater paid time off. The second amendment concerns lump sum payments and replenishment. In the bill as it stands, if the bill -- if an emergency is once again enacted in November, another 14 days would add on to the current 14 days that would be due when this bill is passed. And then we also want to ensure that any time off that members offer accrue towards the 14-day period. Now, we've spoken to the sponsor. She says she was looking at this and she said she would get back to Stated Meeting September 10, 2020 us. I haven't heard back today, but these amendments we believe are reasonable in light of what's going on with the City of Philadelphia at this time and responsible for the City of Philadelphia. Thank you for your time.
The next speaker is Blane Stoddart, commenting on 200303. (No response.)
Blane Stoddart. Unmute yourself, please, or star six to unmute.
Yes, we can hear you. Just state your name for the record and proceed with your testimony. Stated Meeting September 10, 2020
My name is Blane Stoddart. I run BFW Group. We have 15 employees. We are located at the Navy Yard. We're a black-owned company. I'm calling in in opposition to Bill No. 200303. Thirty percent of restaurants are out of business. Fifty percent of black-owned businesses are out of business, and there's no end in sight, it seems, for this pandemic. Ladies and gentlemen, my City Councilmembers, Mr. President, we need to really rethink this bill. I give -- as a small business, I give my employees -- we have 15 employees, ten full time, five part time. I give them 23 days off. If you add 14 more days to that, that's 37 days. That's $68,000. We do not have that. We're already in debt up to our -- like a lot of businesses, we're already in debt up to the wazoo and we're just trying to make it day by day, and I Stated Meeting September 10, 2020 say to City Council we need your help as the business community to get more jobs even with the City, to get more jobs in the City, and that's where we really need your help. I understand that some people that do not have proper personal protection. Some jobs don't have benefits, the driver community, the healthcare community, and the supermarkets. We are not them. Small businesses are suffering, and we need the help of City Council, not more unfunded mandates to drive up our costs and drive us out of business. Thank you, and may God bless you.
The next speaker is Ahmad Mitchell, commenting on 200303. (No response.)
Ahmad Mitchell. Star six to unmute. Stated Meeting September 10, 2020 (No response.)
Yes, we do. Please state your name for the record and proceed with your testimony.
Yes. This is Marketta Phillips, and I'm calling about 200364. And so hello, Honorable Philadelphia City Councilmembers. Hopefully your families are well. My name is Marketta Phillips out of the West Philadelphia section of Philadelphia neighborhood and a volunteer with Citizen Stated Meeting September 10, 2020 Trustees with the Philadelphia Civic Trust and Citizens Campaign. The Citizens Campaign is a non-partisan and non-profit organization that educates and empowers citizen leaders to engage in the fullness of their political power through our no blame, problem-solving to public issues. Our solutions and legislative recommendations are doable based on data, being cost effective, and creating a beneficial impact for the City as a whole. On behalf of the Philadelphia Civic Trust, the Citizens Campaign, we vote yes in support of the police reform Bill 200364 regarding public hearings on police contracts proposed by the office of Katherine Gilmore Richardson and the Public Safety Committee. The Philadelphia Civic Trust also supports police reform policy proposals that include the following recommendations. The following police Stated Meeting September 10, 2020 reform policy recommendations will help increase public safety, transparency with civilians, and police accountability. Some of my other trustees are on this call, but the one that I'm focusing most on is body cameras have to be worn by all patrol officers. And pretty much the Philadelphia Police Department is asked to allow for the Citizen Campaign to meet Police Commissioner Outlaw and help audit Police Internal Affairs functions for transparency with community leaders and neighborhood residents on a regular basis. So my solution that I am referring from the Citizens Trust is that the Police Department should formally adopt a written policy that allows for an annual audit of Internal Affairs in use of force. Use of deescalation should be intensified when evaluating the job performance of our police officers. Our tax dollars pay for salaries and benefits for police officers to serve and protect Stated Meeting September 10, 2020 the citizens of this city. We need overall culture change with our Police Department in Philadelphia with moving from a warrior culture to a guardian culture that respects and serves all citizens. Thank you for your consideration, time, and service to the City of Philadelphia. We look forward to working with you on a solution.
Mr. McKay, star six to unmute. Stated Meeting September 10, 2020 (No response.)
Mr. McKay? MR. McKAY: Yes. Can you hear me? I hear two people.
We hear you. Just state your name for the record and proceed with your testimony, please. MR. McKAY: All right. Yeah. My name is -- dear Honorable City Councilmembers, my name is Jon McKay from North Philly section. I am also a volunteer trustee with the Philadelphia Civic Trust and Citizens Campaign. You guys just heard our rundown, so I'm going to jump right down. Vote yes in support of the Bill 200364 regarding public hearings on the Stated Meeting September 10, 2020 Fraternal Order of Police contracts proposed by the office of Katherine Gilmore Richardson. My testimony is that the Internal Affairs Division is overseen by a lieutenant. One of the solutions that was recommended with inside funded community is that the Philadelphia Police Department consider hiring more civilians to assist Internal Affairs investigations with case management and promote the current officer in charge to the rate of captain in order to recruit lower rank into the unit and reduce investigative backlogs. This will reduce the time investigations take and identify officer or agency deficiencies in a timely manner. We need an overall culture change with our Police Department with moving forward from a warrior culture to a guardian culture, as my fellow volunteer stated earlier. That's it. Stated Meeting September 10, 2020
Thank you. Thank you very much for your testimony.
Yes, we can. Good morning. Please state your name for the record and proceed with your testimony.
Yes. Good morning. My name is Fareeda Mabry and I'm here to support police reform policies for cultural change in support of Bill 200364. Dear Honorable Philadelphia City Councilmembers, I hope you and your families are well. Again, my name is Fareeda Mabry. I actually live in Delaware County. I live in Glenolden, Pennsylvania and I work with the Stated Meeting September 10, 2020 Philadelphia Civic Trust. I volunteer with them. It's a non-partisan civic association made up of about two dozen Philadelphians who meet monthly to engage in no blame, problem-solving on our city's major challenges. We pledge to seek solutions that are based on evidence of success, won't cause tax increases, and benefits the City as a whole. We strongly support the police reform bill regarding public hearings on FOP police contracts proposed by Councilwoman Katherine Gilmore Richardson. It will provide the transparency we need. The Philadelphia Civic Trust also supports a public safety policy that includes three elements desired to bring upon long-term change, long-term culture change in policing. One, time individual officer's promotions to the use of force records; two, implementation of the annual deescalation of performance audits; three, a Citizens Advisory Stated Meeting September 10, 2020 Council focused on deescalation. Taken together, the policy will reduce excessive use of force, save money together -- save money in the policy budget because it reduces payouts and legal settlements and reduces police officers' injuries. An annual deescalation performance audit should be implemented by the Police Department. Our recommendation is that the audit would detail implementation progress or lack thereof across all areas required to bring deescalation about, such as training, hiring, and the use of force incidents. We need culture change with our Police Department in Philadelphia with moving forward from a warrior culture to a guardian culture that respects and serves all citizens. And I thank you for your consideration, time, and service to the City of Philadelphia, and we look forward Stated Meeting September 10, 2020 to working with you more.
M-O-R-L-E-Y. Yes. I'm John H. Morley, Jr., M-O-R-L-E-Y. Bill 200365 requires that anyone who tests fire protection equipment possess an ASSE 1510 certification. What is not written in the bill are that very few 1510 training facilities exist nationwide. All of them are owned and controlled by union members, and they will not allow a non-union sprinkler fitter to take the training. This bill is blatantly discriminatory, unconstitutional, and fatally flawed. This bill should be withdrawn and reintroduced only after a Stated Meeting September 10, 2020 non-union training facility exists somewhere in the Delaware Valley region. This bill will not increase public safety. The most knowledgeable inspector in the world cannot overcome design and installation error. I ask all Councilmembers to vote against this bill, please. That ends my testimony. Thank you.
Joseph Dunlap. Please unmute yourself if you're still connected. Stated Meeting September 10, 2020
Mr. President, Mr. Dunlap is connected. Just state your name for the record and proceed with your testimony, sir.
My name is Joseph Dunlap. I'm a sprinkler fitter, a non-union sprinkler fitter, for the last 25 years. I've earned all of my certifications in backflow inspections in FM200, C02 (inaudible) in all systems. I've been out on my own working, learning these different -- all of these different Stated Meeting September 10, 2020 sprinkler systems in all non-union sprinkler companies. I tried several times to get into Local 692 once, twice and always turned away. I know Philadelphia is a union town and everybody here -- like you got the carpenters, the electricians, and everybody has minorities. I don't see a lot of minority sprinkler fitters. And I've been certified for a few years now in a non-union sprinkler company, and if this Bill 200365 is passed, all the non-union sprinkler companies will no longer exist, and that means me and my family and a whole lot of other families won't eat. And I appreciate if there's a possible way that we can take a test so I can earn another certification. That's my testimony.
The next speaker is Devron Brunson. Stated Meeting September 10, 2020 (No response.)
The next speaker is Devron Brunson. Mr. Brunson, are you in the meeting? If so, star six to unmute yourself.
We hear you, sir. Please state your name for the record and proceed with your testimony.
Okay. I am Devron Brunson. I'm calling about Bill 200365. I'm a 43-year-old black man and I've been working in the City for my whole life. I've roughly been at my job now for about 15 years. Even if this bill pass, me as well as a lot of other people more likely will become unemployed immediately. The Stated Meeting September 10, 2020 effects of this bill on our economy is definitely going to be negative. All right? I think the bill is one-sided. I think it prevents people like me from getting the proper licenses and certifications required by law to perform my job. If we don't join the union, then we can't work. We can't get in the union, because a lot of us are turned away from the union, which is -- I think that's very unfair, but everybody is entitled to run their own business their own way. We should be afforded the opportunity at least to earn a living. The only way we can get schooling is through the union, and if they don't let us into the schools, then what are we to do? So I think if nothing else, we should at least be afforded the time and opportunity to take the classes required so we can get the proper certifications Stated Meeting September 10, 2020 that we need to remain in our current job, because another thing that's very important is tenure. Us switching jobs and starting over, it's horrible. I mean, there's very few of us that are actually going to be accepted into the unions even if they do decide to allow some of us in, but even with that, the pay cuts from starting over, I mean, it may be just as bad as receiving unemployment, because you'll be fully employed but you may not have enough money to take care of your family, whereas if I was on unemployment, I would be able to seek out other things to help me out, you know. That's pretty much all I have for you, and I just ask please that you look over this and not let this bill pass. Thank you.
Thank you for your testimony, sir. The next speaker is Rob Spitz. Stated Meeting September 10, 2020 (No response.)
Rob Spitz, are you still in the meeting? (Unidentified person speaking.)
Hello. Can you identify yourself for the record. We hear someone in the background. (No response.)
Michael Lauf, we hear you. Is this Michael Lauf? (No response.)
We hear you, sir. Can you please state your name for the Stated Meeting September 10, 2020 record and proceed with your testimony.
Yes, sir. Unfortunately, I believe my other colleagues are facing the same problem. There's a problem with the phone system and we're getting automated messages on our end. So my name is Michael Lauf, L-A-U-F. I am an owner and operator of a fire sprinkler company that's been serving the Philadelphia area for 49 years. For 25 of those years, we were a union contractor. The bill that is proposed, 300 -- I'm sorry; 200365 will only approve union-trained and oriented companies in order to enact and enable fire sprinkler certification within the City of Philadelphia. That will be a huge detriment to the City and its constituency. I would implore the City Council to oppose this bill, as it is unfair in many practices and will invite Stated Meeting September 10, 2020 many and much litigation. In the age of being all inclusive and looking for the betterment of our society, this bill stands in direct opposition of that. So, again, I ask you and implore upon you to oppose this bill. There is certification levels, as you've heard from some of the younger men that have spoken earlier, that need this license to effectively feed their families. There is a way to do this properly and, City Council, it's in your hands to do the right thing. I implore you again, vote in opposition to this bill. There's a better way to do it. There's a national certification level with equal testing facilities that can facilitate this opportunity better than what is proposed on the table today. So, again, I thank you for your time, Council, and welcome back from COVID and good luck in your future Stated Meeting September 10, 2020 endeavors. Thank you for your time. I yield.
Thank you for your testimony, sir. The final speaker is Jarrod Bolden. Mr. Bolden, are you back in the meeting? (No response.)
Mr. Bolden, star six to unmute, or mute button if you have one. (No response.)
Mr. President, there are no other speakers on the public comment list.
Hello. One of the speakers was bumped off. Can he be allowed to speak if he's on the Stated Meeting September 10, 2020 line?
Sure. Decker, can you check to see if Ahmad is live?
Madam Leader, it was reported to me by tech that he had been dropped from the call or that he had disconnected.
This is Ahmad Mitchell. Hello. Stated Meeting September 10, 2020
Okay. We can hear you, Ahmad. Thank you so much. Please state your name for the record and proceed with your testimony.
Thank you. My name is Ahmad Mitchell. Good morning, Council President Clarke and honorable members of City Council. I'm a member of One Pennsylvania and the line cook at Spice Finch Restaurant. I'm here today in support of Bill 200303, a bill that will provide 80 hours of immediately available paid leave, continued medical coverage, and job protection allowing workers to return to their jobs. Because the benefits from the federal government (inaudible) people furloughed from their jobs, the people of Philadelphia need your help to safely recover from COVID-19. By expanding paid sick leave, you would be supporting public health for working people, supporting the growth of businesses that experience a high worker turnover rate. Stated Meeting September 10, 2020 This will make a big difference to me and my co-workers. We went back to work last week when our restaurant reopened. But not only take my word. According to the Center for Law and Social Policy, cities that pass laws requiring employers to provide paid sick leave saw a decreased flow in infection rates, increased workplace productivity, and businesses reported no loss in profits or increased business calls due to paid sick leave laws. Working sick also heightens the risk of transmission of diseases like COVID-19, especially for direct care workers, domestic workers, and the hospitality industry workers like myself. Because many people cannot afford to lose their jobs, they will work while sick, potentially worsening the current health emergency. COVID-19 has already cost both the people and the government too much. In supporting this bill, you will be Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING supporting the health and recovery of the City and the country. We call on you to support this bill without the amendments from the Chamber of Commerce. Thank you for your time.
Thank you so much, Ahmad, for your testimony. Mr. Decker, does that conclude those scheduled to give remarks or comments?
Okay. Thank you. As stated, that concludes today's public comment period. We will now consider the bills and resolutions on the Second Reading and Final Passage Calendar. The Clerk will please read the title of Resolution No. 200399.
A resolution initiating action to continue the Mayfair Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING Business Improvement District beyond its termination date in an area that generally includes both sides of Frankford Avenue from the north side of Harbison Avenue to the south side of Sheffield Street and certain blocks of streets that intersect that portion of Frankford Avenue; and for which Mayfair Business Improvement District, Incorporated, a Pennsylvania non-profit corporation, serves as the Neighborhood Improvement District Management Association for the District.
Thank you. The Chair recognizes Councilman Henon for a motion on the resolution.
Thank you. I move for the motion on the resolution. (Duly seconded.)
It's been moved and properly seconded that the resolution be adopted. All in favor signify by saying Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING aye. (Aye.)
The ayes have it and the resolution is adopted. The Clerk will please read the title of Bill No. 200349.
An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," to amend certain provisions of Chapter 14-500, entitled "Overlay Zoning Districts," by creating the "/AME, American Street Overlay District."
The Chair recognizes Councilwoman Quinones-Sanchez for an amendment to Bill No. 200349.
Thank you, Madam Chair. It was originally my intention to amend the bill. However, I would now like to send the bill back to committee. I, therefore, move that Bill Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING No. 200349 be remanded back from the Calendar and recommitted to the Rules Committee. (Duly seconded.)
Thank you. That bill will be recommitted to committee. Do we need to do a motion, Mr. Decker?
Okay. All those in favor of the motion to recommit the bill to committee will signify by saying aye. (Aye.)
The ayes have it, and Bill No. 200349 will be re-referred back to committee. Will the Clerk please read the title of Bill No. 200350. Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING
An ordinance amending the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Norris Street, American Street, Berks Street, and 3rd Street; and amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," to amend certain provisions of Chapter 14-500, entitled "Overlay Zoning Districts," by creating the "/BNA, Berks and American Overlay District."
Thank you. The Chair recognizes Councilwoman Quinones-Sanchez.
Thank you, Madam Chair. I move that Bill No. 200350 be withdrawn.
It has been moved and seconded that Bill No. Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING 200350 be withdrawn. All in favor will signify by saying aye. (Aye.)
The ayes have it and the motion carries. Bill No. 200350 has been withdrawn. Will the Clerk please read the title of --
Okay. I can't see you. I'm looking at another screen. Thank you, Mr. President.
All right. Thank you. Thank you, Councilwoman. I appreciate you. Mr. Decker, please read the title of Bill No. 200188.
An ordinance authorizing the Commissioner of Public Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING Property, on behalf of the City of Philadelphia, to acquire fee simple title or a lesser real estate interest to all or a portion of a parcel or parcels of land located in the vicinity of Calera Road between Red Lion Road and Chalfont Drive, commonly known as the Liberty Bell Youth Organization Recreation Center.
This bill having been read on two different days, the question now is shall the bill pass finally. Mr. Decker, call the roll.
Aye. Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING
Councilwoman Quinones-Sanchez. Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING
Mr. Decker, what bill are we voting on? My apologies.
Aye. The ayes are 17; the nays are zero. A majority of members present voting in the affirmative, the bill passes. Mr. Decker, please read the title of Bill No. 200345.
An ordinance authorizing the Commissioner of Public Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING Property, on behalf of the City, to acquire fee simple title, or a lesser interest in real estate, by purchase, dedication, donation, condemnation, agreement in lieu of condemnation, or otherwise, in parcels of land along the Delaware River and in the bed of the former Kensington & Tacony Railroad.
This bill having been read on two different days, the question now is shall the bill pass finally. Mr. Decker, call the roll.
Aye. Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING
Councilwoman Quinones-Sanchez. Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING
Aye. The ayes are 17; the nays are zero. A majority of members present voting in the affirmative, the bill passes. Mr. Decker, please read the title of Bill No. 200354.
An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into an Amendment to a Joint-Use Agreement with the Commonwealth of Pennsylvania pursuant to which certain parcels of real estate constituting the I-95 right-of-way, Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING located beneath the elevated highway between the Benjamin Franklin Bridge and the Walt Whitman Bridge, are leased to the City of Philadelphia by the Commonwealth, subleased by the Interstate Land Management Corporation.
This bill having been read on two different days, the question is shall the bill pass finally. Mr. Decker, call the roll.
Councilwoman Gilmore Richardson. Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING
Councilman Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING Squilla.
Aye. The ayes are 17; the nays are zero. A majority of members present voting in the affirmative, the bill passes. Mr. Decker, please read the title of Bill No. 200365.
An ordinance amending Chapter 9-2500 of The Philadelphia Code, entitled "Fire Suppression System Workers," to provide for additional licensing requirements for fire suppression system workers.
This bill having been read on two different days, the question now is shall the bill pass finally. Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING Mr. Decker, please call the roll.
I'm sorry, Mr. President. I'd like to make a comment before the vote.
Certainly. I'm sorry. The Chair recognizes Councilwoman Bass.
Thank you, Mr. President. It has been brought to my attention -- I've spoken directly with the President of the Steamfitters Union, and I did want to address some of the concerns around there being opportunities for training, for this training to be received by those who are not members of the sprinkler fitters. So obviously that is of great concern to all of us. We want to make sure that the training is available and open to the general public who want to receive this training and certification, and I have been assured Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING that that was actually the case. So what I'd like to do today is vote my -- cast my vote as a yes and monitor the situation, and if we find that there is a problem, then we can always come back and revisit this matter in the near future. So today I am going to be a yes on this, and I know that there's a lot of concern, a lot of worry, but I do have the word of the president of the union that this is going to be open to all individuals who are interested in receiving this training. Thank you.
Thank you. Thank you, Councilwoman. Anyone else? (No response.)
Thank you. Mr. Decker, call the roll. Mr. Decker, are you having problems?
Councilwoman Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING Bass.
Aye. Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING
I also want to make a comment before I vote, and I want to thank Councilwoman Bass for that clarification. I spent 12 years chairing the Committee on License and Inspections and working with many union officials on public safety issues and improvement in their profession. I have a problem philosophically with voting for anything that only gets certified through a union hall when we've had such robust conversations around access for black and Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING brown folks into these unions. And I will also monitor the situation, but I'm going to vote no, because I don't think that the timing because of the delay in the implementation requires us to move forward and so we can guarantee that to the folks who testify and in the spirit of what we've tried to do around inclusion. So my vote is no.
Aye. The ayes are 16; the nays are one. A majority of all members present having noted in the affirmative, the bill passes. Mr. Decker, please read the title of Bill No. 200303. Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING
An ordinance amending Chapter 9-4100 of The Philadelphia Code, entitled "Promoting Healthy Families and Workplaces," to establish leave time for public health emergencies, modify existing provisions concerning the paid sick leave, and making technical changes.
Thank you, Council President. I want to take a moment to acknowledge the countless workers, unions, businesses, community organizations that helped me and my office craft this public health emergency bill and have made sure that it would reach workers who need it the most. This was truly a collaborative process that was guided by extensive conversation with stakeholders to ensure that small businesses who are struggling are not negatively impacted by this bill. For this reason, we added Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING language that clarifies that small businesses will not be impacted by this bill. Most of these businesses have already had paid leave regulations mandated by the federal legislation. My bill targets businesses of more than 500 employees who are exempt from the federal legislation, as well as other workers that fall outside of the FFCRA and CARES Act, including nannies, healthcare workers, seasonal workers, nursing home aides, and gig economy workers. This bill underwent multiple rounds of amendments to address the concerns of the business community. One of these amendments clarified that businesses already providing comparable paid sick time off do not have to provide any additional two weeks' worth of leave. The workers that this bill covers have gone seven months without adequate paid sick leave. These workers are more likely to be people of color, more likely to be low-wage workers, and Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING more likely to be women. We know that while everyone can get sick, not everyone can afford to stay -(Background noise.)
Councilwoman, I'm sorry, but we lost a lot of what you were saying.
All right. I'll go up. Furthermore, as restaurants, college campuses, movie theatres, childcare facilities, and other public venues reopen, protecting these workers is critical to ensuring a safe reopening Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING and limiting the spread of COVID-19 in Philadelphia. I also want to emphasize the importance of enforcement, because as we know, the bill's value has a real life impact. It is our -- to our constituents. I'm sorry. My office has been working closely with the Labor Department and was in contact with them as early as this week to ensure that this bill should pass. Information on public health emergencies will be easily accessible and the bill will be widely enforced. And, lastly, I want to recognize the co-sponsors of the public health emergency relief bill, Councilmembers Gym and Henon. Councilmember Gym's support has been invaluable, and Councilmember Henon's office has been instrumental in pushing this legislation forward every step of the way. I urge you all to vote in favor Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING of this bill. When we protect our front-line workers, we protect Philadelphia. There's so much more work to do in the months to come to protect Philadelphia workers, and I look forward to collaborating with all of you as we are back in Council. Thank you, colleagues, and thank you, Council President.
Yes. Thank you. The Chair recognizes Councilman Green.
Thank you, Council President. Councilmember Brooks, thank you for your work in this legislation. As you know, as a member of the Public Health and Human Services Committee, I voted this bill out of committee as amended, and that was based on knowledge Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING of what this bill would do and protect those who are not already protected by federal law and the CARES Act, and I commend you for that work. But my concern is when we made that amendment, that amendment was based on understanding that the amendment to the Bill 200303 will be comparable to the earned paid leave bill that was passed by Councilmember Greenlee in 2015. And so when I look at 10(b) of your bill, you make reference to the fact, and I'll read, "Nothing in this Chapter shall be construed to require a hiring entity to change existing policies or provide additional paid leave if the hiring entity's existing policy provides an amount of leave that satisfies or exceeds the amount of the public health emergency leave under this Chapter and such paid leave can be used for the same purposes and under all of the same conditions as set forth for the public health emergency leave under this Chapter." Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING My question and concern is that the perspective that we voted this out of committee was under the belief that if you were a company that already provided the type of leave required under this legislation, you would not have to provide any additional leave on top of that, especially considering this time period of COVID and all the things we're doing. And so my question is, is that correct?
That is correct. If you already provide adequate or comparable benefits, you don't have to do anything additional.
Okay. So then the question is -- and when I read that section from 10(b), I left out one word, which is the word "sick," because in the early part of that language, it talks about paid leave and then it talks about paid sick leave and then it also says paid leave again. So I do understand the concern that many people Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING have raised, that if you have existing paid sick time and you get sick and you want to be able to use this legislation, you should not have to go into your vacation time, but my concern is for those entities -- and we'll say those are newer companies, because most newer companies have paid time off, which include sick, vacation, and other type of time -- that this legislation could provide the perspective that if you already provide paid time off for your employees at the level that's required under this bill or more, then you may have to provide additional time, and that's why in the legislation that was passed by Councilmember Greenlee in 2015 -- and I'll read that legislation. It says, "Any employer with a paid leave policy, who makes available an amount of paid leave (including but not limited to vacation days, sick days, short-term disability benefits, floating holidays, parental leave, personal days, or PTO) Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING sufficient to meet or exceed the accrual requirements of this Section, and that may be used for the same purposes and under the same conditions as time under this Chapter, is not required to provide additional time." And so the question is, we have these two interpretations, and I want to make sure that those that have paid sick leave and vacation time don't have to go into their vacation time to address this bill, and I understand that, but my concern is for those -- and I'll call them newer companies that have a lump sum amount. This legislation, because it uses the word "sick," gives a perspective that if you have paid time off, that you may have to provide additional time on top of what you already provide which is already in the bill. And so that question is what causes some concern, because when we voted this out of committee, the understanding was this legislation would be like the earned paid Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING legislation that was passed with Councilman Greenlee. I do understand we want to make sure that if you are an employee and you have paid sick leave and vacation time, you don't have to go in vacation time, and I understand that perspective for why that word "sick" is for that perspective, but it does not clarify that if you have paid time off, then you may have to provide additional time on top of the time that you already provided which is required under this bill. So I need some clarification.
I believe that the language is clear. We want to be sure that people are not forced to take vacation time if they get sick and need to stay home. So the Labor Department has ensured us that we can clarify that a worker would not have to take their vacation time, but can use their paid sick time in this regulation.
I understand Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING that. I understand that perspective. That's why I laid out the question I did, that if you work for a company and you have paid sick time and paid vacation time, and I agree with you, that you should not have to go into your paid vacation time if you use up all your sick time, and I understand that. I understand that part of the legislation. My question is if there's a company that has paid time off that provides it at a level that's at this bill's level or higher, there's some ambiguity about having to provide additional time on top of that, and that's why the issue of the lack of clarity. The lack of clarity is that if you are paid sick time, we don't want you to have to go into your vacation time. I understand that. I'm talking about companies that have paid time off, or PTO, where all your time is lumped together. It's not clear if they're already providing that level of time Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING that's required under this bill, that you may have to provide additional time on top of that, and that's where the ambiguity comes up.
So like it was drafted by the Law Department, but I will say that if an employer has paid time off as opposed to sick time, if the employer can make the determination how they're using their time, whether it's called paid time off or paid sick time, but a lot of the organizations that we're talking about that are affected by these bills have sick time separate from vacation time. So that's why we kept the language in that still said that it was paid sick time.
And I totally understand that. For those companies that have paid sick and paid vacation, we don't want people who come down with COVID to have to use up all their sick time and then go into their vacation time. Totally understand that. Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING That's why I understand that part of what you're saying. My concern is those companies that have paid time off which include vacation and sick. Are you saying that they're going to have to provide additional time on top of what's provided? Because the language of this bill says nothing established shall be construed, but you have language that says paid leave and paid sick leave. So that's where the question is. That's why some clarity would be beneficial that would say that if you have paid leave, like we did in Councilmember Greenlee's bill, that you do not have to provide additional time if you're providing the time at the level required or above of this legislation.
Just to save time, Council President. I'm sorry. This is Councilman Oh. I have the exact same question, the exact same issue. Maybe it's because Councilman Green and I are both lawyers, but the drafting of the Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING language makes it unclear and confusing to me. So I have the exact same question.
Councilman, are you suggesting that you have to be a lawyer to understand this job?
I mean, I understand your concern, but the language was drafted by the Law Department, and they assured me that it was clear. I mean, and there will be other regulations that will be put in place based on the Office of Labor to clarify these specific questions, but this language was drafted by the Law Department.
So because we're actually getting ready to get cut off shortly, so I want to get as much in as substantive. Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING So I had a conversation with the Office of Labor, and the Law Department weighed in. They said there is language that could be interpreted in different ways. It could be interpreted that technically you might have to add additional time, but then they also -the intent is not there. So I guess based on the interaction with the Law Department, who represents us all, both the Administration and City Council, in conversations with them by regulation, because it has to be -- this particular program needs to -- I understand it's going to take at least a month or maybe more, that there can be clarity in the regulations as it relates to the establishment of this particular provision that will ultimately have to be enforced by the executive branch. And the only other option is to amend it to incorporate that language, because they did say it could be viewed as an Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING additional 14 days on top of your comparable sick time. So my concern is about -- all due respect to the Law Department, and I respect Marcel quite a bit, they are human. I've had times when I wasn't clear and didn't necessarily agree with some of the things that they've done. So we got a couple of options, either amend it or try to get some clarity through regulation, because I'm saying all this to say that we are going to be cut off shortly, and I don't want this not to be a part of the public discussion, because this is an important one.
I just want to finish my comment. Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING As a former member of the Law Department, we're all human, but we also have different interpretations, and lawyers, when other issues come up, may need to clarify and provide additional information. So I voted to get this bill out of committee. I support the legislation. I support what Councilmember Brooks is trying to do, because there are a number of people, especially based on people that testified in public comment, who are not covered under the federal CARES law, but as long as there's a commitment from Councilmember Brooks on the record and others that we will define what is considered and addresses the issues and concerns that we're raising, that can be defined so we don't have issues where someone is not able to use this legislation in the way it's supposed to be intended for their benefit because of the lack of interpretation, because I also don't want to have that situation Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING where someone is trying to use the legislation, has an incorrect perception and they're tied up as an individual in a back and forth of legal issues and they're not able to use the benefit that they need, especially in this time of emergency.
I will bring this concern up to the Law Department again, but we will clarify this with the Office of Labor, which we already stated earlier in terms of the ambiguity. I can promise that I'll continue to look through that piece, but -- yeah. I will talk to the Law Department and make sure that this is cleared up in the regulations through the Office of Labor.
Council President, this is Councilmember Gym. I just wanted to very briefly state that I wanted to thank Councilmember Brooks for the hard work that she and her team put into this bill. It is very clear that Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING this is an area that regulation can absolutely clarify. Bills are narrowed in regulation. They're never expanded in them. They can provide clarity and we can address some of these issues. But I do hope that we could take a vote given the fact that there's the timeliness, the bill does not go on beyond the year, and it's important that we get this addressed. And I think that our departments, the Department of Labor in combination with people who are impacted, can resolve this pretty clearly, because I think the intent of the bill is clear and that there's no reason to add undue burdens, and that will be very clearly clarified in regulation and I'm sure by the Councilmember and in all public discussions of this bill. Thank you.
Council Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING President, if I can make one last comment, if that's okay. I'm willing to work with Councilmember Brooks on the regulation to clear up the issues as well with the Law Department.
Okay. Anybody else? Because Councilwoman Gauthier and Councilmen Oh and Thomas, you were teed up, but are you okay? Because like they may have already cut us off. 64 is going to -- the feed is going to leave us any minute now.
Will it be simpler and cleaner just to amend the language and then we wouldn't have to worry about regulations? It will just be amended.
The issue is, there's going to be a long debate about the amendment. I don't know. Councilwoman has indicated the willingness to -- she said what her intent is as it relates to the bill. Councilman Green is willing to Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING work. It sounds like most of the people -- I'm just, you know...
I mean, this is a lot of -- there's a spotlight on this, and Councilwoman Brooks has indicated that her interpretation is that it would not be on top of the comparable or more than comparable time for a particular company. Councilman Green has indicated, along with a couple of other members. So if it's okay, if we can take a vote, and if we don't want to take a vote, we want to come back -- I'm getting a text from the Office of Labor. They said they're going to clean it up. Okay, guys? Councilwoman Gauthier and Thomas, is it okay if we proceed with the vote? Because I know you're teed up. I don't want to cut anybody off.
Yes, Council President. I was hoping -- and I'm pretty sure Councilmember Gauthier Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING agrees -- we were hoping to be recognized in speeches of the majority, not during this.
Hi. This is Cindy Bass. I apologize for the delay. But just as I'm thinking, similar to my statement earlier in reference to giving this bill the opportunity to move forward but certainly being willing to revisit it if it is not regulated and organized in a way that's going to be helpful to everyone, I will vote on this bill today. I will vote to support this bill today, but certainly look forward to working with the sponsor and with anyone else to make sure that the language is Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING clear. I really feel -- I have to say, I really do feel uncomfortable voting for something where the language is unclear and we know this going into it, but because, once again, I did give deference to the sprinkler fitters earlier, I am willing to give that same support to my colleague, in the hopes that we'll come out at the other end and that this will be something that is supported by all sides. So I just wanted to be on the record for that.
Council President, I'll make sure I'll get all of this clarified in rules.
Okay. Let's go. Mr. Decker, call the Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING roll. (Background noise.)
Councilwoman Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING Gilmore Richardson.
No. He's got to speak. Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING
Thumbs up. So Councilman Oh is voting aye. Councilman Oh is voting aye. Councilman O'Neill.
Aye. The ayes are 16; the nays are one. A majority of members present Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING voting in the affirmative, the bill passes. Real quick, Mr. Decker, please read the title of Bill 200364.
An ordinance amending Title 17 of The Philadelphia Code, entitled "Contracts and Procurement," by adding a new Chapter 17-2300, entitled "Public Hearing Required Prior to Execution of a Labor Agreement with City Workers Represented by the Fraternal Order Of Police With Respect To The Workers' Terms And Conditions Of Employment," by establishing certain definitions; and requiring a public hearing within thirty days prior to the City entering into or amending a labor agreement with City workers represented by the Fraternal Order of Police.
The Chair recognizes Councilwoman Gilmore Richardson.
Thank Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING you, Mr. President. I would like to offer an amendment to Bill No. 200364. A copy of the amendment has been circulated to all members of Council, and I move for the adoption of the amendment. (Duly seconded.)
All those in favor of the motion will signify by saying aye. (Aye.)
The ayes have it. Bill No. 200364 has been amended, and Bill No. 200364, as amended, will be placed on our Final Passage Calendar at our next session of Council. Mr. Decker, 200368.
An ordinance amending Title 10 of The Philadelphia Code, entitled "Regulation of Individual Conduct and Activity," by adding a new Chapter 10-2500, entitled "Prohibited Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING Physical Contact by Peace Officers," to prevent unnecessary death or injury via asphyxiation by prohibiting certain physical contact by peace officers.
Thank you. The Chair recognizes Councilman Johnson.
Thank you, Mr. President. I would like to offer an amendment to Bill No. 200368. A copy of the amendment has been circulated to all members of Council. I move for the adoption of the amendment. (Duly seconded.)
Thank you. It's been moved and properly seconded. All those in favor of the motion will signify by saying aye. (Aye.)
Those opposed? (No response.) Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING
The ayes have it. Bill No. 200368 has been amended, and Bill No. 200368, as amended, will be placed on our Final Passage Calendar at our next session of Council. Thank you very much. Mr. Decker, do you have any additional resolutions?
A resolution authorizing the Committee on Education to conduct -(Background noise.)
A resolution authorizing the Committee on Education to conduct hearings exploring the benefits of the School District of Philadelphia mandating conflict resolution training at all curriculum levels, introduced by Councilwoman Gilmore Richardson.
The Chair recognizes Councilwoman Gilmore Richardson. Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING
Thank you, Mr. President. I move the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. All those in favor say aye. (Aye.)
And a resolution authorizing the Committee on the Environment to conduct hearings to investigate challenges and solutions to street litter and waste disposal systems in the wake of COVID-19 in the City of Philadelphia, introduced by Councilwoman Gilmore Richardson.
The Chair again recognizes Councilwoman Gilmore Richardson. Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING
Thank you, Mr. President. I move the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. All those in favor say aye. (Aye.)
The ayes have it, and that resolution is adopted.
And a resolution authorizing the City Council Committee on Housing, Neighborhood Development, and the Homeless to hold hearings on the role and responsibilities of Philadelphia's Landlord-Tenant Officer position; the policies and procedures it manages in the eviction process, particularly around writs of service; and clarifying oversight, ethics, and public Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING accountability for the Landlord-Tenant Office, introduced by Councilwoman Gym.
Thank you very much, Council President. I move for the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. All those in favor say aye. (Aye.)
The ayes have it, and that resolution is adopted.
And a resolution authorizing the City Council Committee on Public Safety and the Special Committee on Gun Violence Prevention to hold hearings to review and examine the perpetrators of the last 100 shootings in Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING Philadelphia, as well as exploring the source of the guns used to commit violent crimes and the role of the criminal justice system in the offender's life, introduced by Councilman Jones.
Thank you, Mr. President. I move for its adoption. (Duly seconded.)
It's been moved and properly seconded. All those in favor say aye. (Aye.)
The ayes have it, and that resolution will be adopted.
And a resolution authorizing the Committee on Public Safety to hold a hearing examining the ongoing safety and noise issues with the Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING use of ATV and other unauthorized vehicles on City streets and the possibility of creating a space for safely riding in Philadelphia, introduced by Councilman Domb.
It's been moved and properly seconded. All those in favor say aye. (Aye.)
And a resolution authorizing the Committee on Commerce and Economic Development to hold a hearing to examine recent research released by Pew Charitable Trusts and the Center City Stated Meeting September 10, 2020 9/10/20 - STATED - 2ND READING District on the state of our local business economy, the role our Black-owned and minority-owned businesses play in the City's economy, and the impact of Covid-19 on these businesses, introduced by Councilman Domb.
Thank you, Council President. I move for the adoption. (Duly seconded.)
It's been moved and properly seconded. All those in favor say aye. (Aye.)
The ayes have it, and that resolution is adopted.
Mr. President, there are no other resolutions on the Stated Meeting September 10, 2020 Calendar, and I've just been told that Channel 64 will stay with us until about 1:15.
Absolutely. They understand where the real action is. Prior to recognizing members regarding speeches, I will note for the record at this time we will use the Chat feature available in Microsoft Teams to allow members to signify that they wish to be recognized. In order to comply with the Sunshine Act, the Chat feature must only be used for that purpose. With that said --
Mr. President, if I may interject. I don't want to interfere with members' comments during speeches, but I do want to state for the record that on behalf of all members of City Council, Councilman Allan Domb, we give you our deepest sympathy. We pray that God will give you and your family a certain peace that Stated Meeting September 10, 2020 meet this moment, and that is on behalf of all of your colleagues and the staff here with Council, and we hope that the viewing public will also share in our sentiments. Thank you, Mr. President, for your courtesy.
Thank you. Thank you, Councilwoman. And we know how much we care about you, my good friend and brother. So peace be with all of your family and -
Thank you. Thank you, everybody. Thank you very much. I really appreciate this.
The Chair -- I believe Councilwoman Gauthier was teed up for speech of majority.
Good Stated Meeting September 10, 2020 morning, everyone. I'm glad to be back in session with all of you and addressing the urgent matters facing our city, and among these matters, gun violence has risen to the very top over the last several months. The spike we've seen in shootings and in homicides in Philadelphia this year is nothing short of alarming. We've had 312 murders so far this year, which means we're more than on track for an average of a murder per day. This marks a 33 percent increase over last year. Individual shooting incidents are up over 50 percent from last year. In the past week, the same 16-year-old child was shot twice in two separate incidents on two separate days, and innocent people are getting caught in the crossfire. Over 100 children have been shot in the last nine months alone. Zamar Jones, a seven-year-old boy in Councilmember Jones' district, was Stated Meeting September 10, 2020 his own front porch when he was gunned down. Just days later a six-year-old girl in my district was shot while at a cookout with her family in front of their home. Barely a day has gone by this year when there hasn't been a shooting in West or Southwest Philly. Our neighborhoods are quite literally turning into war zones. The violence is traumatizing entire communities, and to be clear, these are primarily communities of color. For me as a legislator, as a mother of two black sons, and as a representative of a majority black district, I must make this a priority. I don't have any other option. Everything pales in comparison when people are dying in the streets and entire communities are afraid to leave their homes for fear of getting shot. That is no way to live. I said it many times over the last few months, but it bears repeating. Stated Meeting September 10, 2020 block is a human right. And while all Philadelphians have a role to play in addressing this crisis, the City government is central in the effort. The resolution I introduced today, with the support of 14 of my Council colleagues, calls on Mayor Kenney to officially declare gun violence a citywide emergency and to treat the issue with the urgency and attention it deserves. The COVID-19 crisis showed us the level of coordination in record response that Philadelphia is capable of in an emergency, and now we need to put that same energy towards ending this outbreak of violence which is endangering black and brown communities across our city. This isn't just a symbolic gesture. We have laid out actionable steps that the City can and should take, and I'd like to highlight a few of them here and now. Stated Meeting September 10, 2020 First, we are asking the Mayor to provide weekly public briefings to inform the public of the City's ongoing efforts to combat this epidemic in a manner similar to the City's daily COVID updates. We also need the City to implement violence reduction efforts like GVI with greater speed, transparency, and effectiveness. The rollout of this program has taken far too long, and it has been like pulling teeth to glean key details of how the program works. We have repeatedly been told that this is a result of COVID and that in-person methods of communication with community members isn't possible. Now, this may sound like a non sequitur, but indoor dining reopened earlier this week. If we can allow people to patronize restaurants, then we can address the gun violence crisis in person. Furthermore, there are a variety of evidence-based programs that Stated Meeting September 10, 2020 in reducing gun violence in other cities around the country. We can make it a priority to implement them here in Philadelphia. And also we need to do a better job of evaluating the outcomes of our violence reduction efforts.
I think I speak for all my colleagues when I say we are committed to long-term, sustainable funding for these initiatives, but only if they are effective. Finally, we'd like to see the Mayor mobilize Philadelphia's dynamic economy, the private sector, academic institutions, healthcare organizations, and the non-profit community, and tap into an incredible wealth of resources to combat this problem. We are calling on the Mayor to take these steps and others outlined in the resolution, because all Philadelphians deserve to feel safe in their neighborhoods. But we can't afford to wait any Stated Meeting September 10, 2020 we don't act is a day where people are killed and many more are living in fear. I thank my colleagues for their support on this resolution, and I look forward to working with the Mayor's Office on this matter. Thank you very much.
Thank you, Councilwoman. The Chair recognizes -Councilwoman Gym, did you want to be recognized for a speech?
Yes, please, Council President. Thank you very much. I wanted to provide my colleagues with an update on our housing work over the summer and specifically what's been happening with the municipal courts and our work to stop an avalanche of evictions that threaten our city and to Stated Meeting September 10, 2020 for your partnership. As many of you know, Philadelphia executed 19,000 evictions in 2019, and that was pre-pandemic. That is 1,500 a month, 300 to 400 a week every single week, 52 weeks out of the year. This is not just people. Those are households, families, children, veterans, seniors. Data from the Philadelphia Eviction Prevention Project, which was created through this Council's commitment to addressing the eviction crisis, showed that 74 percent of evicted people were black residents, 70 percent were women, half were parents or caregivers. They are why this Council body took bold action last spring to pass an Emergency Housing Protections Act that included an Eviction Diversion Program modeled off of Philadelphia's highly successful Mortgage Foreclosure Diversion Program. Now, since we've done this Stated Meeting September 10, 2020 work, the state has stepped in with $150 million in rent subsidies statewide and a new rent relief program modeled after PHL Emergency Rent Assist. We have not left landlords behind. The state program may be far from perfect, but it does offer to pay landlords $750 per month per apartment as long as they forgive the rest of the rent. We're working on expanding those subsidies and making sure that they can better meet our needs. Now, over the summer we've worked diligently to strengthen our collaboration with the municipal courts, recognizing that they must be our partners in managing crises and creating meaningful alternatives. We've held countless meetings with the courts and multiple City agencies this summer. This became especially important as we approached the reopening of courts in July. As a result of one of our City Stated Meeting September 10, 2020 meetings, the municipal courts delayed the reopening until September 3rd. As the September 3rd deadline approached, we stepped up our work to make sure that our Eviction Diversion Program, which mandates a housing counselor meeting with landlords and tenants, was ready to go. All of us know how time-consuming it is to get a program up and running in routine times. In COVID, with remote planning and without even a defined budget, our City agencies worked around the clock, and I want to give a special thanks to Melissa Long, Greg Heller, as well as our partners, Philadelphia Legal Assistance, CLS, and many others who made that possible. But this work has not been easy. The courts' reopening on September 3rd was a challenge. It is still being negotiated with the City and required the Mayor's intervention as well as multiple appeals from our City and City Council Stated Meeting September 10, 2020 that no eviction should be filed or may proceed unless mandatory payment plans and diversions are offered. Nevertheless, since July, the courts have accepted as many as 400 to 500 filings by landlords who are very likely violating the City laws. In the first three days of the courts' opening, over 180 eviction filings have proceeded despite the fact that our diversion program launched on September 1st. Would you like to know how many landlords looked to schedule a diversion hearing? Twenty. To add to all of this, on September 1st the CDC issued a nationwide eviction ban until September 31st, stating unequivocally that evictions due to poverty and hardship are a direct threat to public health.
Many of you received a letter from the statewide Pennsylvania Apartment Association Stated Meeting September 10, 2020 this, but this is still an area of confusion and disagreement with the courts and many others. We're asking for help, for clarity, and guidance. Clearly, landlords need to continue to act in good faith, but I want folks to know that in other counties, courts have established more aggressive procedures to notify and protect tenants than they have in Philadelphia. This is why seven of us introduced a bill today to extend the eviction moratorium to match the CDC and provide additional protections that are not currently occurring. This bill has been endorsed by the Governor, who is also calling upon the State Legislature to take similar action. No one entity can handle our eviction crisis by itself. I know, though, that we all agree that City Council, the City of Philadelphia, and the courts should be working in Stated Meeting September 10, 2020 uphold the laws on the books. I've called many of you for your advice, for your feedback, and for your support, and you have all answered, and I cannot thank you enough. I'm going to keep calling, because we have so much more to do. We have to decide about funding diversion so that it actually works to provide support to renters and to landlords. It is our only path -- it is the City's only current program to staving off the mass homelessness in our city that is because of COVID. I'm also asking my colleagues for your assistance as we try to establish some basic norms, to be able to look a family in the eye as school launches and as a hopeful year begins to tell them that help is on the way. Right now housing is critical to the public health of our city. Every member on this body is committed to saying that when times got tough, we Stated Meeting September 10, 2020 families and the families that the state and the feds left behind. We are in this together. As Council comes into this fall session, we can't wait for the calvary, because when it comes to protecting our city, we are the calvary. Thank you so much, Council President.
Thank you, Councilwoman. Councilman Oh, did you want to speak on behalf of -- I'm sorry.
Sorry. I just had your name down from earlier. The Chair recognizes Councilman Thomas.
Thank you, Council President. I know we're getting close on time, and I know other people want to speak, so I'm just going to be Stated Meeting September 10, 2020 my colleagues for the leadership that they have shown as it relates to gun violence. Thank you, Councilmember Gauthier, for your recommendation. Thank you, Councilmember Johnson, for the forums and the leadership, and it's an issue that has been touching all of our heart. We are back from summer break and we've been working on a number of things throughout the course of the summer as it relates to police reform, as it relates to support for our youth and young people, but also as it relates to gun violence. Today I was privileged enough to introduce several resolutions, one honoring Marian Wright Edelman, who dedicated her life and service to children and who has recently stepped down, but another recognizing Mastery North basketball team for winning the Public League championship last year. So Stated Meeting September 10, 2020 winning the championship and being honored today in City Council, they're also mourning the loss of Jasmine Lewis, who was actually one of their former players, who was shot and killed over the summer, and she recently graduated from Mastery North. So my thoughts and prayers go out to her. I appreciate the great work of the family, the mentors, and the coaches that's involved with Mastery, but again like my colleague said, the gun violence pandemic that we're dealing with right now is a serious crisis, and I know for a fact that the people on this legislative body, the people on this particular team are committed to solving that issue, because I've been talking to you all about it and trying to work with you on this issue throughout the course of this summer. The last thing, next week we will be having our Disadvantaged Communities Task Force here listening Stated Meeting September 10, 2020 Task Force is focused on listening to the issues that Philadelphians are facing as it relates to the coronavirus pandemic and focusing on what can we do as a legislative body to pass legislation and to allocate resources to help those that are suffering most. The listening sessions next week will be Tuesday and Thursday. We will make sure to provide more information. Tuesday and Thursday in the evening. We will make sure to provide more information, and I just want to thank my Co-Chair, Councilmember Katherine Gilmore Richardson, for working with me on this process and trying to put us in a position where we're hearing from as many Philadelphians as possible. I know everybody can't testify at 10:00 a.m. or 12:00 a.m. -- 12:00 noon, but I'm hoping that folks can join us in the evening to talk about the issues that they're facing and what we can do to help them through this tough Stated Meeting September 10, 2020 you, Council President. Thank you, colleagues.
Thank you, Councilman. Councilman Green, did you -
Yes. I will be very brief. I just want to thank all of my colleagues for all of the great work they've been doing all summer in a lot of different ways. I had a speech about some other issues, but I'll delay that to another day. And we've been dealing with such heavy issues as a body, not only today but throughout the summer, throughout this entire year, but on a slightly positive note, I want to congratulate my colleague Councilmember Cherelle Parker on a happy 25th birthday.
There you go. Councilman Thomas, you thought you were the youngest in here. I guess that proves that's not the case anymore. Stated Meeting September 10, 2020
I still try, Council President. That's my Councilperson, so happy birthday. We're going to have some cake and ice cream at our rec center today, and we appreciate you, Councilwoman.
Thank you. Happy birthday, Councilwoman. Councilwoman Gilmore Richardson.
Thank you, Council President. Thank you so much and to our leadership team and also the technical team for all of your support. I know it's past 1:15, so I will also hold my remarks. I wanted to just thank you for your work and the introduction of the resolution around Census Week as well. We will be having a census program this Saturday, September 12th with Councilmember Curtis Jones, Stated Meeting September 10, 2020 Jr., State Senator Vincent Hughes, and State Representative Morgan Cephas, and Wynnefield Residents Association at St. Barbara's Church where we will go out to over 3,000 homes and put door hangers on their doors to remind them to complete their census form, and we'll also be out with State Representative G. Roni Green in the 190th from 1:00 to 4:00 doing the same thing. So I just wanted to thank you and our Majority Leader Parker for your leadership on the census efforts, and I'll hold the remainder of my remarks to another time. Thank you so much.
Thank you, Councilwoman. Please be counted. I think that concludes our speeches on behalf of the minority and the majority. So with that, I recognize Councilman Jones for a motion to adjourn.
I hate to do Stated Meeting September 10, 2020 this, but I did actually put in the Chat that I wanted to talk, and I will be extremely brief. We put in a resolution to hold hearings about the last 100 shooters in the City of Philadelphia, and there's a reason for that. Member Johnson has done a yeoperson's job of trying to corral all of the different stakeholders in the City of Philadelphia that have a role to play in preventing gun violence. We talked about how we went up, Mr. President, to that gun show up in King of Prussia and we just walked away like from the movie Jaws and said we're going to need a bigger boat, because this is a bigger problem than we thought. We actually rode to Philly like perplexed as to how could this be happening. So we heard from a number of groups, the District Attorney's Office, the Defender's Association, the Police Department, and all of them have a role to play in the last 100 shootings, but Stated Meeting September 10, 2020 up pointing in another column. And so what is reflected in Member Gauthier's sense of urgency right now is the fact that we can't afford to let there be a mystery about it. So what we want to do is look at the last 100 shootings, and we want to do three things. We want to look at where those guns came from, whether they were things like ghost guns -- imagine that -- or stolen guns or guns that were purchased through a straw party. We want to find and trace how did that gun get to that crime scene. And then the second part is how did that young person or person get to that crime scene as well, what were the criminal reasons, was it poverty, was it this. We want to look at that and do an analysis of the 100 shooters. But, finally, if that wasn't their first time, it was their second time or their third time, where did the Stated Meeting September 10, 2020 the victim that got shot, because if someone pulls a gun the first time, pulls the trigger the second time and kills a person the third time, we should have believed them the first time. So we want to take a look at not pointing a finger, but tightening the system and looking at where did you fail Zamar Jones from Simpson Street, and we're going to look at that. Thank you, Mr. President.
Thank you, Councilman. Councilman, right back to you, calling on you for a motion to adjourn.
Thank you, Mr. President. I move that Council stand adjourned until Thursday, September 17th, 2020 at 10:00 a.m.
Stated Meeting September 10, 2020 been moved and seconded that Council stand adjourned until Thursday, September 17, 2020, 10:00 a.m. All those in favor will indicate by saying aye. (Aye.)
The ayes have it. The motion carries. Thank you all very much. Please be safe. ) Stated Meeting September 10, 2020 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter, and that this is a true and correct transcript of same. MICHELE L. m 1:7 152:20 110:14 146:25 149:19 29:3 38:10 138:2 157:21,21 actionable adjourn 162:6 ambiguity announcem... approving audience 6:8 163:21 144:22 160:24 afforded 114:14 2:8 11:21 12:10 7:10 164:5 activist 32:23 163:17 75:16,23 115:5 annual 25:2 12:18 13:2 audit 63:11 able 42:22 Activity adjourned afraid 143:22 121:14 39:2 63:20 13:10 27:4 63:20 69:10 55:24 56:4 131:24 163:20 afternoon AME 86:16 68:24 69:9 35:10,21 69:12 76:16 111:4 add 42:6 164:3,16 52:2 amend 24:4 answered 36:8,19 audits 68:25 120:21 57:17 59:19 ADJOURN... age 79:3 26:18 86:14 153:6 area 12:2,15 August 10:24 121:6 118:7 163:1 164:1 agencies 32:6 86:23 88:10 anybody 12:23 13:7 19:17 153:18 122:16 Administra... 149:21 118:23 123:8 13:15 20:15 Authority abolishing 151:18 118:13 150:14 119:11 124:22 24:7 26:21 11:23 12:12 52:15 added 104:25 admitted agency 25:10 123:15 anymore 27:9 35:15 12:20 13:4 absence 10:2 addiction 49:10 66:18 amended 158:25 36:2,13,24 13:12 27:6 10:7 39:5 adopt 63:19 aggressive 108:25 apartment 78:12 85:3 35:12,23 absolutely adding 26:11 adopted 57:6 152:10 123:18 149:9 88:6 122:2 36:10,21 5:6 122:3 57:10 130:9 85:24 86:8 aging 23:8 131:17,17 151:25 152:3 authorizati... 140:6 131:24 134:14 agree 114:6 133:4,4 apologies areas 16:24 23:17 abundance addition 135:15 119:8 amending 92:4 17:21 18:13 authorized 43:5 53:16 136:19 152:23 14:14,21 apologize 24:6 26:20 23:13 academic additional 137:21 agreement 21:12 26:6 23:19 69:14 88:5 authorizing 33:18 23:6 98:20 138:20 93:6 95:22 28:13 31:10 125:14 Art 38:13 11:17 19:23 146:16 105:20 139:23 130:12,19 37:15 86:12 app 51:16 40:3 20:4 21:23 accepted 76:7 109:17 adoption agreements 88:3,8 appeals asked 43:10 24:14 28:6 151:8 110:8,16 131:6 31:16 98:17 104:3 150:25 43:16 63:9 29:9 30:22 access 102:25 111:16 132:15 agrees 125:2 130:7,19 applications asking 13:25 34:17 35:3 accessible 112:7,19 134:3 135:3 ahead 55:10 131:22 26:13 50:2 145:2 89:25 92:25 107:14 113:12 136:8 Ahmad 60:22 amendment apply 49:20 152:5 95:19 accountabil... 114:15 137:10 60:24 81:5 38:11 39:25 165:21 153:16 133:11,17 22:8 63:4 115:3 116:7 138:10 81:10,13,18 57:3,6,13 appointing asphyxiation 134:16 136:2 116:17 139:12 81:24 82:3 86:20 95:21 39:18 132:4 135:17 accountable 118:8 119:2 advance 14:9 82:7 84:8 109:7,7,8 appreciate ASSE 70:14 136:21 50:3 120:6 133:9 advice 153:5 aid 23:6 123:21 13:20 73:17 assist 66:11 137:23 accrual 112:2 152:15 advise 10:17 aides 105:13 131:3,4,6 89:21 149:5 138:22 accrue 57:22 address Advisory alarming 132:12,13 141:17 assistance automated accurately 12:16,24 68:25 142:11 132:15 155:3 150:18 78:7 165:5 13:8,16 advocacy alcohol 39:5 amendments 156:10 153:17 available aches 49:3 21:14 28:16 22:19 Allan 1:11 56:23 58:3 159:6 association 82:14 99:23 acknowledge 31:13 35:16 advocate 44:23 84:4 105:15 approach 33:7 68:4 111:21 104:14 36:3,14,25 32:23 140:23 105:17 42:15,21 85:14 140:11 acknowled... 54:2 99:16 advocates alleged 20:14 American approached 151:25 avalanche 152:2 105:15 53:22 allied 52:14 29:24 86:17 149:23 160:4 147:24 acquire 90:3 112:12 Affairs 63:12 allocate 88:6,13 150:5 161:23 Avenue 12:25 93:3 122:6 63:20 66:6 157:8 amount approaches assured 23:23 26:22 act 23:5 29:4 145:22 66:11 allotted 43:15 109:19,20 52:16 99:25 26:23,23 105:11 addressed affiliate 52:6 allow 63:10 111:21 appropriate 117:16 36:15 85:5 109:4 122:11 affirmative 70:19 76:8 112:16 14:7 Athletic 33:6 85:6,9 140:14 addresses 92:20 95:14 140:12 analysis appropriati... attendance average 147:2 12:3 27:10 98:12 145:20 38:15 40:4 28:6 2:23 142:13 148:21 120:18 103:22 allowed 162:22 approval 9:1 attention avoid 53:10 152:8 addressing 130:2 80:25 and/or 9:3 99:14 award-win...
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