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Minutes

Stated Meeting, October 22, 2020

Philadelphia City CouncilOct 22, 2020

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Stated Meeting October 22, 2020 COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Via Microsoft Teams Philadelphia, Pennsylvania Thursday, October 22, 2020 10:02 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 October 22, 2020

Council President Clarke

Thank you. Good morning. We're going to get started now. I understand 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 can also be found on PHLCouncil.com. I now note that the hour has come. The Clerk will please call the roll to take attendance, and obviously members say a couple of words to make sure that your name is displayed on the screen. Stated Meeting October 22, 2020 Decker, please call the roll.

Chief Clerk

Councilwoman Bass.

Councilwoman Bass

Good morning, Mr. President and colleagues. Looking forward to a productive day.

Council President Clarke

Good morning, Council Lady.

Councilwoman Bass

Good morning.

Chief Clerk

Councilwoman Brooks.

Councilwoman Brooks

Good morning, Council President and colleagues.

Council President Clarke

Good morning, Council Lady.

Chief Clerk

Councilman Domb.

Councilman Domb

Good morning, Council President and colleagues and the public.

Council President Clarke

Good morning, Councilman. Stated Meeting October 22, 2020

Chief Clerk

Councilwoman Gauthier.

Councilwoman Gauthier

Good morning, Council President. Good morning, colleagues.

Council President Clarke

Good morning, Council Lady.

Chief Clerk

Councilwoman Gilmore Richardson.

Councilwoman Richardson

Good morning, Council President. Good morning, colleagues.

Council President Clarke

Good morning, Council Lady.

Chief Clerk

Councilman Green.

Councilman Green

Good morning, Council President. Good morning, members of Council. Good morning, viewing public. Looking forward to another productive session.

Council President Clarke

Good morning, Councilman.

Chief Clerk

Councilwoman Gym.

Councilwoman Gym

Good Stated Meeting October 22, 2020 morning, Council President. Good morning, colleagues.

Council President Clarke

Good morning, Council Lady.

Chief Clerk

Councilman Henon.

Councilman Henon

Good morning, Council President, and good morning, colleagues.

Council President Clarke

Good morning, Councilman.

Chief Clerk

Councilman Johnson.

Councilman Johnson

Good morning, Council President. Good morning, colleagues. Still seeking justice for Breonna Taylor.

Council President Clarke

Good morning, Councilman.

Chief Clerk

Councilman Jones.

Councilman Jones

Good morning, Mr. President. Good morning, colleagues. Good morning, viewing public.

Council President Clarke

Good Stated Meeting October 22, 2020 morning, Councilman.

Chief Clerk

Councilman Oh.

Councilman Oh

Good morning. Good morning, Council President. Good morning, colleagues.

Council President Clarke

Good morning, Councilman.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Good morning, everyone.

Council President Clarke

Good morning, Councilman.

Chief Clerk

Councilwoman Parker.

Councilwoman Parker

Good morning, Mr. President and colleagues.

Council President Clarke

Good morning, Council Lady.

Chief Clerk

Councilwoman Quinones-Sanchez.

Councilwoman Sanchez

Good morning, President Clarke and my colleagues, and I am enjoying this Stated Meeting October 22, 2020

Council President Clarke

Good morning, Council Lady.

Chief Clerk

Councilman Squilla. (No response.)

Councilman Johnson

Where are you at, Mark?

Chief Clerk

Councilman Squilla. (No response.)

Chief Clerk

Councilman Thomas.

Councilman Thomas

Good morning, Council President. Good morning, colleagues. Happy Thursday, everybody.

Council President Clarke

Good morning, Councilman.

Chief Clerk

Council President Clarke.

Council President Clarke

Good morning, everyone. We've established a quorum, so Stated Meeting October 22, 2020 to get started. Normally we would have our invocation today, but we will, however, observe a very brief moment of silent prayer for our city, its leaders, and citizens during the current public health crisis. Let's now take a moment of silence. (Moment of silence.)

Council President Clarke

Thank you very much. Our next order of business is the approval of the Journal of the meeting of Thursday, October 15, 2020, and the Chair recognizes -- is Councilman Squilla on yet? (No response.)

Council President Clarke

The Chair recognizes Councilman Jones.

Councilman Jones

Thank you, Mr. President. I move that the Journal of the meeting Thursday, October 15th, 2020 be approved. (Duly seconded.) Stated Meeting October 22, 2020

Council President Clarke

Thank you. It has been moved and properly seconded that the Journal of the meeting of Thursday, October 15, 2020 stand approved. All in favor indicate by saying aye. (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and that Journal is approved. And our next order of business is requests for leaves of absence, and the Chair recognizes Councilwoman Parker.

Councilwoman Parker

Thank you, Mr. President. On behalf of the members of Council, there are no requests for leaves of absence today.

Council President Clarke

Thank you. The Chair thanks the Council Lady. Stated Meeting October 22, 2020 of business is communications. Mr. Decker, will you please read the messages from the Mayor and any other communications that you may have in your possession.

Chief Clerk

To the President and members of the Council of the City of Philadelphia, I am transmitting herewith for the consideration of your honorable body an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 46-S by striking from the City Plan and vacating Penrose Ferry Road from Penrose Avenue to its terminus northeastwardly therefrom and reserving and placing on the City Plan a right-of-way for various public utility purposes within the lines of Penrose Ferry Road being stricken and authorizing acceptance of the grant to the City of the said right-of-way being reserved, all under certain terms and conditions.

Council President Clarke

Thank you very much, Mr. Decker. Stated Meeting October 22, 2020 And our next order of business is the introduction of bills and resolutions. And by way of a reminder, we are asking that all resolutions, including privileged resolutions, be placed on the Final Passage Calendar for the next session of Council, unless they are being referred to committee. In our current remote environment, this procedure will provide an opportunity for the public to comment. Thank you in advance for your anticipated cooperation. And, Mr. Decker, would you please read the titles of the legislation that is being offered today by the members.

Chief Clerk

Councilwoman Parker offers on behalf of Council President Clarke an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Diamond Street, 11th Street, Norris Stated Meeting October 22, 2020 Street, and Marvine Street.

Council President Clarke

Referred to committee.

Chief Clerk

And Councilwoman Parker offers on her own behalf an ordinance establishing a no truck parking regulation on both sides of East Godfrey Avenue from Tabor Avenue to Whitaker Avenue.

Council President Clarke

Also referred to committee.

Chief Clerk

Councilwoman Gym offers two resolutions, entitled a "Resolution" --

Council President Clarke

Councilman Squilla? Councilman Squilla is here. Let the record reflect.

Councilman Squilla

I apologize.

Council President Clarke

Councilman? Uh-oh, you screwed up the technology, Councilman. Are we all right now, Modesto? Stated Meeting October 22, 2020 Mike, why don't you just continue. Mr. Decker, just proceed. We'll see how this goes.

Chief Clerk

Councilwoman Gym offers two resolutions, entitled a "Resolution honoring and commending Richard M. Gordon, IV for being named the 2021 National Principal of the Year by the National Association of Secondary School Principals and for his exemplary leadership as the head of Paul Robeson High School for Human Services."

Council President Clarke

Next week's Calendar.

Chief Clerk

And a resolution calling on the Pennsylvania General Assembly to adopt House Bill 526, ending the use of taxpayer funds to pay for cyber charter education when local school districts offer their own full-time cyber school programs.

Council President Clarke

Next week's Calendar.

Chief Clerk

Councilman Henon Stated Meeting October 22, 2020 offers two bills, entitled "An ordinance amending Chapter 19-1300 of The Philadelphia Code, entitled 'Real Estate Taxes,' by clarifying definitions and process regarding qualification for certain tax abatements based on tax delinquency."

Council President Clarke

Referred to committee.

Chief Clerk

And an ordinance amending Title 9 of The Philadelphia Code to address matters related to commercial leases and provide eviction and financial relief to restaurant businesses that operate on leased premises.

Council President Clarke

Referred to committee.

Chief Clerk

Councilman Jones offers three bills, entitled "An ordinance authorizing an encroachment in the nature of a pedestrian staircase to directly access Green Lane Bridge in the vicinity of 1 Leverington Avenue"; and An ordinance amending Section Stated Meeting October 22, 2020 14-513 of The Philadelphia Code, entitled "/NCO, Neighborhood Conservation Overlay District," by revising and clarifying certain provisions, and making related changes; and An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," to revise certain provisions of Chapter 14-200, entitled "Definitions" and Chapter 14-500, entitled "Overlay Zoning Districts," by amending the provisions of the /WWO Wissahickon Watershed Overlay.

Council President Clarke

Those three bills will be referred to committee.

Chief Clerk

Councilman Johnson offers one bill, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 46-S by striking from the City Plan and vacating Penrose Ferry Road from Penrose Avenue to its terminus northeastwardly therefrom and reserving Stated Meeting October 22, 2020 and placing on the City Plan a right-of-way for various public utility purposes within the lines of Penrose Ferry Road being stricken and authorizing acceptance of the grant to the City of the said right-of-way being reserved."

Council President Clarke

That will be referred to committee.

Chief Clerk

Councilwoman Brooks offers one resolution, entitled a "Resolution affirming all Philadelphians' First Amendment rights to protest and peaceful assembly, particularly in response to the upcoming presidential election."

Council President Clarke

Mr. Decker, I'm sorry. That was a resolution?

Chief Clerk

That was a resolution, Mr. President.

Council President Clarke

Thank you. That will be on next week's Calendar.

Chief Clerk

Councilman Domb Stated Meeting October 22, 2020 offers one resolution, entitled a "Resolution honoring and congratulating Department of Licenses and Inspections Commissioner David Perri on his retirement from the City of Philadelphia and recognizing his exceptional leadership and accomplishments over a distinguished career in public service."

Council President Clarke

Councilman Domb, did you want to be recognized?

Councilman Domb

Yes, please, Council President. Thank you so much. Thank you. It's kind of amazing to me Commissioner Perri is retiring this month after 39 years of service to the City of Philadelphia. Unbelievable. He was trained as an engineer. He first worked for the City as an engineer in the Water Department. He then joined L&I as a Building Plans Examiner. He later held many roles as a Permit Services Manager, Chief Code Engineer, head of License Stated Meeting October 22, 2020 Issuance, and head of the Real Estate Certification Unit, and he has served as Commissioner of the Streets Department. Today, of course, we know him as the L&I Commissioner, and he has created impactful change in that department. But in addition to his many accomplishments in safety and technology, Commissioner Perri has also, with all of us as a team, has fought to effectively modernize the building codes, meet international quality standards for accreditation, and enforce violations. By the way, all the colleagues on City Council co-sponsored. I thank everybody. I think one of the most amazing parts of Commissioner Perri is beyond his personal accomplishments, dealing with the Commissioner was always a pleasure for me and I believe all my colleagues. He's just a good person. He had tremendous drive to get the job done, his availability to explain complicated issues that a lot of us didn't Stated Meeting October 22, 2020 understand, and we appreciate his explaining it to us. He's just a good, good person. And when we all look back on our lives and say, what did we accomplish, there's something that Commissioner Perri in 39 years of service to the City, we all are proud what he did, and he should be extremely proud, and I can't say enough good things about him. He's just amazing, and I know all of us feel the same way, and I thank everybody. Thank you, Council President.

Council President Clarke

Thank you, Councilman. That will be on next week's Calendar.

Chief Clerk

Councilman Thomas offers one resolution, entitled a "Resolution honoring and congratulating the Frankford High School Baseball team, on their successful 2019 season and conference 11 to 3 record in the Stated Meeting October 22, 2020 Philadelphia Public League."

Council President Clarke

Thank you. That will be on next week's Calendar.

Chief Clerk

Councilman Oh offers two resolutions, entitled a "Resolution recognizing October 2020 as Filipino American History Month in the City of Philadelphia."

Council President Clarke

Next week's Calendar.

Chief Clerk

And a resolution recognizing and honoring the Russian-language newspaper, "Philadelphia News," on the occasion of its 25th Anniversary in print media.

Council President Clarke

Also on next week's Calendar.

Chief Clerk

There are no other bills or resolutions being offered by the members today, Mr. President.

Council President Clarke

Thank you very much, Mr. Decker. And our next order of business Stated Meeting October 22, 2020 committees, and the Chair recognizes Councilman Johnson for a report from the Committee on Rules.

Councilman Johnson

Thank you, Council President. The Committee on Rules reports out two bills with a favorable recommendation.

Council President Clarke

Thank you, Councilman. Mr. Decker, would you please read the report.

Chief Clerk

The Committee on Rules, to which was referred Bill No. 200389, entitled "An ordinance continuing the Mayfair 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 the Mayfair Business Improvement District, Incorporated, a Pennsylvania non-profit Stated Meeting October 22, 2020 corporation, is the Neighborhood Improvement District Management Association for the District"; and Bill No. 200417, entitled "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," respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.

Council President Clarke

Thank you. The Chair again recognizes Councilman Johnson.

Councilman Johnson

Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading of this day of Bill Nos. 200389 and 200417. Stated Meeting October 22, 2020 (Duly seconded.)

Council President Clarke

Thank you. It has been moved and properly seconded that the rules of Council be suspended so as to permit the reading this day of Bills No. 200389 and 200417. All those in favor indicate by saying aye. (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and these bills will be placed on our First Reading Calendar today. The Chair now recognizes Councilwoman Parker for a report from the Committee on Law and Government.

Councilwoman Parker

Thank you, Mr. President. The Committee on Law and Government reports out two bills with a favorable recommendation. Stated Meeting October 22, 2020

Council President Clarke

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

Chief Clerk

The Committee on Law and Government, to which was referred Bill No. 200159, entitled "An ordinance amending Chapter 9-800 of The Philadelphia Code, entitled 'Landlord and Tenant,' to clarify and amend applicable procedures pertaining to the Fair Housing Commission, and to provide for the adoption of regulations"; and Bill No. 200252, entitled "An ordinance amending Chapter 9-1100 of The Philadelphia Code, entitled 'Fair Practices Ordinance: Protections Against Unlawful Discrimination,' to clarify that unlawful discrimination includes discrimination based on characteristics, such as hair texture and hairstyles," respectfully reports it has considered the same and returns the attached bills to Council with a favorable Stated Meeting October 22, 2020

Council President Clarke

Thank you, Mr. Decker. The Chair again recognizes Councilwoman Parker.

Councilwoman Parker

Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 200159 and 200252. (Duly seconded.)

Council President Clarke

Thank you. It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bills No. 200159 and 200252. All those in favor indicate by saying aye. (Aye.)

Council President Clarke

Thank you.

Councilman Thomas

The internet is a little slow, Council Stated Meeting October 22, 2020

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and these bills will be placed on our First Reading Calendar today. The Chair now recognizes Councilman Thomas for a report from the Committee on Streets and Services.

Councilman Thomas

Thank you, Mr. President. The Committee on Streets and Services reports out 25 bills with a favorable recommendation.

Council President Clarke

Wow.

Councilman Thomas

Yeah. Thank you to the Committee.

Councilman Johnson

Good work, young man. Good work.

Council President Clarke

Yes, sir. Thank you. Twenty-five bills is a lot remotely or in person, either way. Mr. Decker, would you please Stated Meeting October 22, 2020

Chief Clerk

The Committee on Streets and Services, to which was referred Bill No. 200093, entitled "An ordinance establishing parking regulations in the vicinity of: North 3rd Street and Fairmount Avenue; Wildey Street and Marlborough Street; George Street and North 2nd Street; Salmon Street and Columbia Avenue; Montgomery Avenue and Wildey Street; Orianna Street and George Street"; and Bill No. 200158, entitled "An ordinance authorizing Alterra Properties to construct, own, and maintain a proposed exterior building ramp and steps at 1401 through 15 Arch Street"; and Bill No. 200162, entitled "An ordinance amending Section 12-701 of The Philadelphia Code, entitled 'Designation of Bicycle Lanes,' to authorize a buffered bicycle lane on Spruce Street, from 2nd Street to 22nd Street and on Pine Street, from Front Street to 18th Stated Meeting October 22, 2020 Street"; and Bill No. 200163, entitled "An ordinance establishing no truck parking regulations on Belfield Avenue between North 20th Street and Wister Street, and Ogontz Avenue between West Somerville Avenue and Lindley Avenue"; and Bill No. 200179, entitled "An ordinance amending Section 9-213 of The Philadelphia Code, entitled 'Farmers' Markets,' by adding a permissible location on Ogontz Avenue"; and Bill No. 200185, entitled "An ordinance amending Section 12-701 of The Philadelphia Code, entitled 'Designation of Bicycle Lanes,' to authorize bicycle lanes in the vicinity of Passyunk Avenue, from 61st Street to Essington Avenue and Essington Avenue, from Passyunk Avenue to Bartram Avenue; and making associated changes to parking regulations within the same limits"; and Bill No. 200186, entitled "An ordinance amending Section 12-701 of The Stated Meeting October 22, 2020 Code, entitled 'Designation of Bicycle Lanes,' to authorize bicycle lanes in the Third Council District in the vicinity of South 49th Street, Paschall Avenue to Grays Avenue; Grays Avenue, from 49th Street to Lindbergh Boulevard; and Lindbergh Boulevard, from Grays Avenue to Elmwood Avenue; and making associated changes to parking regulations within the same limits"; and Bill No. 200187, entitled "An ordinance establishing a no parking regulation on the east side of North 31st Street, between Jefferson Street and West Thompson Street"; and Bill No. 200209, entitled "An ordinance establishing parking regulations in the vicinity of: Grays Street and North 11th Street; North 13th Street and Mount Vernon Street; Allen Street and Germantown Avenue; Wallace Street and North 12th Street; Lawrence Street and Poplar Street; Brandywine Street and North 10th Street; Berks Stated Meeting October 22, 2020 Avenue"; and Bill No. 200210, entitled "An ordinance authorizing Walnut Street Theatre Corporation to construct, own, and maintain a proposed building overhang encroachment at 815 through 23 Walnut Street"; and Bill No. 200211, entitled "An ordinance establishing no truck parking regulations on 5800 Musgrave Street"; and Bill No. 200259, entitled "An ordinance authorizing the construction, installation, ownership, use and maintenance of an open-air sidewalk cafe at 901 through 25 North Delaware Avenue"; and Bill No. 200373, entitled "An ordinance authorizing Gojjo Incorporated to install, own, and maintain a proposed sidewalk cafe at 4536 through 40 Baltimore Avenue"; and Bill No. 200388, entitled "An ordinance authorizing RPG Hamilton, LLC care of Radnor Property Group, LLC to Stated Meeting October 22, 2020 construct, own, and maintain both existing and proposed pedestrian-scale street lights at 440 North 15th Street"; and Bill No. 200415, entitled "An ordinance establishing a no truck parking regulation on both sides of Tolbut Street, from Torresdale Avenue eastbound to the end of the roadway"; and Bill No.

Chief Clerk

200422, entitled "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 in Philadelphia"; and Bill No. 200423, entitled "An ordinance authorizing Keystone Property Group to construct, own, and maintain a proposed exterior building ramp at 100 South Independence Mall West"; and Bill No. 200481, entitled "An Stated Meeting October 22, 2020 Commons Condominium Association to own and maintain street lighting encroachments along the One Hundred Block of Church Street"; and Bill No. 200495, entitled "An ordinance regulating the direction of movement of traffic on certain portions of Ludlow Street"; and Bill No. 200496, entitled "An ordinance amending Section 11-104 of The Philadelphia Code, entitled 'Curb Cuts,' to define curb cut and add prohibitions on curb cuts in order to facilitate the construction of transit platforms"; and Bill No. 200497, entitled "An ordinance amending Bill No. 200351, entitled 'An ordinance authorizing the operation of sidewalk cafes during the COVID-19 emergency until December 31, 2020 in areas of the City where such activity currently must be otherwise authorized by special ordinance, and allowing expanded activity by currently Stated Meeting October 22, 2020 operations,' to extend the date Bill No. 200351 will remain in effect"; and Bill No. 200498, entitled "An ordinance amending Bill No. 200352, entitled 'An ordinance amending Chapter 11-100 of The Philadelphia Code, entitled 'General Provisions,' to authorize the Streets Department to permit closure of the public right-of-way,' to extend the date Bill No. 200352 will remain in effect"; and Bill No. 200499, entitled "An ordinance authorizing Mark Capriotti to install, own, and maintain a proposed sidewalk cafe at 310 West Master Street"; and Bill No. 200500, entitled "An ordinance removing existing parking meters and regulations, as well as establishing an 'Authorized Vehicles Only' regulation in front of 7306 Castor Avenue and both sides of the 7300 block of Elgin Street"; and Stated Meeting October 22, 2020 200517, entitled "An ordinance amending Section 5 of an ordinance (Bill No. 180692) approved October 31, 2019, entitled 'An ordinance legalizing an existing wood deck and ramp encroachment at 1338 through 1344 Rising Sun Avenue,' by extending the period of compliance with the terms and conditions stated therein," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.

Council President Clarke

Thank you. The Chair recognizes Councilman Thomas.

Councilman Thomas

Thank you, Mr. President. I move that the rules of Council be suspended so as to permit the first reading this day on the 25 bills that were just read into the record by the Clerk. (Duly seconded.)

Council President Clarke

Stated Meeting October 22, 2020 been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the 25 bills that were just read into the record by the Clerk. All those in favor indicate by saying aye. (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it. These bills will be placed on our First Reading Calendar for today. The Chair now recognizes Councilman Jones for a report from the Committee on Public Safety.

Councilman Jones

Thank you, Mr. President. I have but one bill, but it was a long hearing to report from the Committee on Public Safety with a favorable recommendation.

Council President Clarke

Stated Meeting October 22, 2020 Decker, would you please read the report.

Chief Clerk

The Committee on Public Safety, to which was referred Bill No. 200538, entitled "An ordinance amending Title 10 of The Philadelphia Code to create a new Chapter 10-2500, entitled 'Less Lethal Devices,' to regulate the use of less lethal devices in specific situations," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.

Council President Clarke

Thank you. The Chair again recognizes Councilman Jones.

Councilman Jones

Thank you again, Mr. President. I move that the rules of Council be suspended to permit the reading this day of Bill No. 200538. (Duly seconded.)

Council President Clarke

Stated Meeting October 22, 2020 has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill No. 200538. All those in favor indicate by saying aye. (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and this bill will be placed on our First Reading Calendar today. That concludes our reports from committee. We will now proceed under a special order of business, a motion that Council reconsider the vote by which Bill No. 200094 was passed. This bill was passed by the Council at its October 1st, 2020 session and was returned disapproved by the Mayor at the session of Council on October 15, 2020. Stated Meeting October 22, 2020 Decker, will you please read the title of the bill.

Chief Clerk

Bill No. 200094, entitled "An ordinance amending Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' to revise certain provisions of Section 14-500 of The Philadelphia Code, entitled 'Overlay Zoning Districts,' by modifying the /CTR, Center City Overlay District, Society Hill Area to create additional standards concerning height, parking, signs, and special reviews, and making related changes."

Council President Clarke

Thank you. At this time, the Chair recognizes Councilman Squilla.

Councilman Squilla

Thank you, Mr. President. I move that Council reconsider Bill No. 200094, which was approved by City Council on October 1st, 2020. (Duly seconded.) Stated Meeting October 22, 2020

Council President Clarke

Thank you. All those in favor let it be known by saying aye. (Aye.)

Council President Clarke

Those opposed? (No's and nay's.)

Council President Clarke

One?

Councilwoman Gym

Four.

Council President Clarke

The motion carries. Bill No. 200094 will be placed at the end of today's Calendar. Thank you. The next order of business is the consideration of the Calendar. I note that the bills just reported from committee with suspension of the rules have been deemed to have had a first reading. These bills will be placed on our Second Reading and Final Passage Calendar at our next session of Council. As there are no additional bills on the First Reading Calendar, the Stated Meeting October 22, 2020 2ND READING Chair recognizes Councilwoman Parker for the purpose of calling up bills and resolutions on the Final Reading and Second Passage Calendar.

Councilwoman Parker

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. 200564, 200566, and 200392. All other bills and resolutions are being held.

Council President Clarke

Thank you. Before we proceed with the consideration of the public comment, we will now take a five-minute break to allow our technology professionals some time to connect with speakers we have for today's meeting. (Short recess.)

Council President Clarke

Thank you. Now that everyone is connected to the meeting and before considering the resolutions and bills we Stated Meeting October 22, 2020 have before us today, 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 these 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. 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 or against the legislation, and add you to the list. We will telephone each person on the list during the Council session and invite them to our remote meeting. Under ideal circumstances, we will give each speaker three minutes. So I think today we will have the ability to have three minutes to speak, because our Calendar is not that long and our witness list is not very long. Stated Meeting October 22, 2020 So I just want to remind you that 30 seconds prior to the conclusion of your three minutes, there will be a bell, and we ask that you adhere to our guidelines and start the process of concluding your testimony. So one other note. I just want you all to please be aware that the public meeting is being recorded, and because the 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 first name on our list.

Chief Clerk

Larry Spector.

Mr. Spector

Good morning. Thank you for this opportunity to speak. I am the President of the Society Hill Civic Association. I first want to simply say that the overlay bill that's the subject of the override bill -- override vote has Stated Meeting October 22, 2020 been generated after years of planning and outreach to the community and extensive consultation with Councilman Squilla, our Councilman, and as evidence of that, I want to note that we have submitted to each member of Council a copy of a petition that's been signed by over 700 people in our community urging the override of the veto. The main feature of the overlay bill is the 65 foot height limit. Contrary to what some have suggested, it does not apply to a wide area of Society Hill. It applies only to two blocks, the 200 and 300 blocks of Walnut. The 300 block is already built up, so as a practical matter, it's really only the 200 block. So why have a height limit there? The reason is that these blocks are directly across from Independence National Historic Park. There in the 200 block stands the magnificent Merchants Exchange Building. It's a national Stated Meeting October 22, 2020 historic landmark. It's buildings like this that have given our city the distinction to be named a World Heritage City. We should not allow tall buildings to dwarf the Merchants Exchange and destroy the scale and character of the area around it. That's why our bill was supported by the Independence National Historic Park and the Preservation Alliance of Greater Philadelphia. Other cities with historic areas have height limits in adjacent areas. Baltimore, Boston, Georgetown, and DC all have height limits that are similar to this one. And we've given members of Council a zoning map that shows even our own Old City has a height limit, as do parts of Chinatown in Philadelphia. Now, the height limit, I want to emphasize, doesn't mean that you can never have a taller building there. We Stated Meeting October 22, 2020 stand ready to work with any developer who would seek a variance that respects the scale and character of the 200 block of Walnut Street. All this bill does is guard against the developer having the absolute right to build a tall building on that block in disregard of those interests. I want to address the criticism that the height limit will make it more difficult to achieve affordable housing goal. (Bell rung.)

Council President Clarke

Go ahead, sir.

Mr. Spector

The basis for this claim is that if luxury high-rise condos are not built on the 200 block of Walnut, they'll get built in other neighborhoods and squeeze out potential affordable housing in those areas. But reality matters here. Luxury development locations are not a commodity. There's a familiar saying when it comes to real Stated Meeting October 22, 2020 estate: Location, location, location. So it's the market, it's location that dictates where high-end units will be situated. We supported 85 units at the building that was constructed at 500 Walnut, but the developer built it with only 35 units. The fact of the matter is that if we really want to insist on affordable housing in all areas of the City, nothing short of mandating affordable units on site is actually going to do that. So the bottom line is that by not allowing tall luxury buildings in the 200 block of Walnut by-right, those luxury buildings are not going to be built in other areas of the City. So respectfully this line of reasoning that they will be built elsewhere and squeeze out affordable housing that might otherwise go elsewhere just doesn't hold up. There are a couple other Stated Meeting October 22, 2020 aspects of our bills. The historic preservation law carveout, last year's law created an incentive for building owners and developers to nominate their properties for historic designation by giving them very liberal development life they otherwise wouldn't have, including allowing CMX-3 uses to be built in residential buildings, but in Society Hill, all of our old building stock is already historically designated. It's fully protected, and there's not a single building in danger of collapse or demolition for lack of a zoning variance. So here these bills would actually backfire in Society Hill and just end up giving developers more leverage to use in negotiating with nearby residents. There's the sign aspect of our bills. We understand that there's thin funding of the Commission, Historical Commission, to review every new sign proposal, but really we have very few commercial buildings, and we wish to Stated Meeting October 22, 2020 check maybe only one or two signs annually. Finally, parking, we are in a terrible squeeze from visitors to Old City, South Street, Spruce Street, Harbor Park, and so on. Our bill simply proposes that large development projects have free parking spots for every ten units. This is hardly a radical idea. All we're asking here --

Council President Clarke

Thank you, sir.

Mr. Spector

Yes. I'm finishing up now.

Council President Clarke

Yeah. Actually because someone with the bell fell asleep, so you're way beyond the three-minute limit. So if you can just -

Mr. Spector

All right.

Council President Clarke

Thank you.

Mr. Spector

Then I will simply say that we just ask that we act a Stated Meeting October 22, 2020 little bit more like the World Heritage City and respectfully we ask that you override the veto. Thank you.

Council President Clarke

Thank you, sir, for your testimony. We appreciate you. Mr. Decker, next speaker.

Chief Clerk

Ben She, also commenting on the override for 200094.

Mr. She

Hello. Can you hear me?

Council President Clarke

Yes, we can. Good morning. Please state your name for the record and proceed with your testimony.

Mr. She

Good morning. My name is Benjamin She, S-H-E. I'm speaking on behalf of 5th Square in opposition of the proposed motion to override the veto for the site overlay. Crucially, we think that this overlay is inherently exclusionary, exclusionary zoning, exclusionary Stated Meeting October 22, 2020 development, and crucially it puts the Society Hill Civic Association at the central position of power to control any development that comes in their neighborhood. We think this is ultimately inequitable as the City is -- as the safe neighborhoods work all in the system. And it is absolutely true that blocking development in one section of the City will have ramifications and detrimental effects on other neighborhoods outside Society Hill itself. Crucially, we also believe that the assertion that the planning process for the neighborhood plan by Society Hill Civic Association and Councilmember Squilla was ultimately inequitable and did not reach residents, all residents, even within the Society Hill neighborhood itself. This is due to the fact that this plan was not created under the direct authority of the Planning Commission, but only within the civic Stated Meeting October 22, 2020 association's office and private RCO that requires member dues to be a full member. So we assert that this plan does not have any basis to be accepted by City Council after such little deliberation and discussion with greater parts of the City. We'd also like to remind Council that the state's own Housing Action Plan states that strong market neighborhoods like Society Hill should accept even higher density or facilitate on-site affordable housing and ensure (inaudible) revenue in the Housing Trust Fund, the City's only major source of affordable housing funding. We believe that following of this process through a variance process, the ZBA, is fully antithetical to the City's own housing goals stated in the Mayor's Housing Action Plan. Secondly, we'd also like to address the historic context of Society Hill as well and remind Council that the Stated Meeting October 22, 2020 height limits that -- this is Old City does not extend beyond Market Street down in Society Hill in the first place, and also that historic context be kind of be defended here is a wholly -- a historical invention during the process of (inaudible) and that multiple preservation groups, including RePoints PHL, the City's only preservation political action committee, is also in opposition to this bill as well. For these reasons and more, we strongly ask Council to please oppose the veto, oppose the veto -- sorry; oppose the override of the Society Hill overlay. Thank you.

Council President Clarke

Thank you so much for your testimony. We appreciate it. Mr. Decker.

Chief Clerk

The next speaker is Mary Purcell, also commenting on 200094.

Ms. Purcell

Yes. Good Stated Meeting October 22, 2020 morning. Can you hear me?

Council President Clarke

Good morning. Yes, we can. Just state your name for the record.

Ms. Purcell

Yes. This is Mary Purcell. I'm also with -- I'm with Society Hill. I want to thank Councilman Squilla and I want to thank the Councilmembers, and I do support the override of the bill. The heart of this bill really is historic preservation. Mr. She is misinformed. Our neighborhood plan commenced in 2016. The Planning Commission staff was involved from day one, and we engaged the stakeholders all across the neighborhood, including the institutions, the residents in the high-rises, townhouses, the schools, the houses of worship. All stakeholders were involved. We had a public process. We had public meetings. Our neighborhood plan was posted out on our website. We had individual stakeholder meetings as Stated Meeting October 22, 2020 well as group community meetings. Subsequently after our master plan was accepted by the Planning Commission in July of 2018, what actually happened was we made additional compromises. So the process that is referenced that has happened over the last two years is us saying, yes, okay, we'll take this away. The Planning Commission staff and then the Planning Commission leadership continued to meet with us, and they asked us to scale back our plan, and we did. And so the bills that have come forward today, including the overlay, is the result of years of work, extensive community input, extensive input from the Planning Commission staff, and extensive compromises made by the neighborhood. You've seen the petitions. You've seen our petition. I won't go into all of the detail, but I will underscore what Larry Spector said. The 65 foot height limit is on just two Stated Meeting October 22, 2020 blocks. It's a fraction of the size of the height limit that exists in Old City, and it is to protect historic preservation. I have never heard anyone in any of our community meetings saying that we are opposed to affordable housing. We embrace it. Bring it. I think Councilmember Quinones-Sanchez has suggested at one point it ought to be mandated in development. I say do it. It's not a part of what we're trying to do here. Other neighborhoods have overlays. Society Hill is not the first neighborhood to have an overlay to respect the particular unique characteristics of this neighborhood. So in closing, I would just say this bill and this neighborhood really has been misrepresented, and I hope you understand that it has been indeed an inclusive process, with many compromises. I support this bill, and I ask you please to override this veto. Stated Meeting October 22, 2020 10/22/20 - STATED - 2ND READING Thank you.

Council President Clarke

Thank you. Thank you so much for your testimony.

Chief Clerk

There are no other speakers on the public comment list, Mr. President.

Council President Clarke

Thank you very much, Mr. Decker. That concludes our public comment for today. We will now consider the bills and resolutions on the Second Reading and Final Passage Calendar. So with that, Mr. Decker, will you please read the title of Resolution No. 200564.

Chief Clerk

A resolution honoring and recognizing the life and legacy of Alexander R. Horanzy for his heroic service and impact on Philadelphia and the United States of America.

Council President Clarke

Thank you. The Chair recognizes Councilman Stated Meeting October 22, 2020 10/22/20 - STATED - 2ND READING Henon.

Councilman Henon

Thank you, Council President. Motion to approve the resolution. (Duly seconded.)

Council President Clarke

It's been moved and properly seconded. All those in favor indicate by saying aye. (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and that resolution is adopted. Mr. Decker, please read the title of Resolution No. 200566.

Chief Clerk

A resolution honoring and congratulating the Central High School Softball team, on their successful 2019 season and overall 10 to 1 record in the Philadelphia Public League. Stated Meeting October 22, 2020 10/22/20 - STATED - 2ND READING

Council President Clarke

Thank you. The Chair recognizes Councilman Thomas.

Councilman Thomas

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

Council President Clarke

Thank you. It has been moved and properly seconded the resolution be adopted. All in favor indicate by saying aye. (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and that resolution is adopted. Mr. Decker, please read the title of Bill No. 200392.

Chief Clerk

An ordinance Stated Meeting October 22, 2020 10/22/20 - STATED - 2ND READING amending Section 10-403 of The Philadelphia Code, entitled "Prohibited Conduct," by prohibiting the use of consumer fireworks and providing certain penalties.

Council President Clarke

Thank you. This bill having been read on two different days, the question now is shall the bill pass finally. Mr. Decker, call the roll.

Chief Clerk

Councilwoman Bass. (No response.)

Council President Clarke

Councilwoman Bass? Oh, okay. We got it.

Councilwoman Bass

Aye.

Chief Clerk

Councilwoman Brooks.

Councilwoman Brooks

Aye.

Chief Clerk

Councilman Domb.

Councilman Domb

Aye.

Chief Clerk

Councilwoman Stated Meeting October 22, 2020 10/22/20 - STATED - 2ND READING Gauthier.

Councilwoman Gauthier

Aye. Sorry. Aye.

Chief Clerk

Councilwoman Gilmore Richardson.

Councilwoman Richardson

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilwoman Gym.

Councilwoman Gym

Aye.