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Minutes

Stated Meeting, September 19, 2019

Philadelphia City CouncilSep 19, 2019

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Stated Meeting September 19, 2019 COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, September 19, 2019 10:51 a.m. PRESENT: COUNCIL PRESIDENT DARRELL L. CLARKE COUNCILWOMAN CINDY BASS COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN ALLAN DOMB COUNCILMAN DEREK S. GREEN COUNCILMAN WILLIAM K. GREENLEE COUNCILWOMAN HELEN GYM COUNCILMAN BOBBY HENON COUNCILMAN KENYATTA JOHNSON COUNCILMAN CURTIS JONES, JR. COUNCILMAN DAVID OH COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN CHERELLE L. PARKER COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN AL TAUBENBERGER MICHAEL A. DECKER, CHIEF CLERK Stated Meeting September 19, 2019

Council President Clarke

Good morning. We're going to get started. I'll ask all the visitors to please retire behind the rail, and if the members will take their seats, we'll get started. Before we start, I'd ask that if anyone has a cell phone or any other electronic device that makes noise, please turn it off or put it in airplane mode so it does not disrupt the Council session. To give our invocation this morning, the Chair recognizes Father Anthony Rossi of Saint Anselm's Parish. He is here today as the guest of Councilman O'Neill. I would ask all members and guests to please rise. (Councilmembers, guests, and visitors rise.)

Council President Clarke

And I will also one more time ask people to please tone the conversations down. Stated Meeting September 19, 2019

Father Rossi

Good morning, brothers and sisters. (Good morning.)

Father Rossi

I could get used to this pulpit. Brothers and sisters, we all united as believers in the creator and guide of all peoples of this great nation. In our Christian sacred scriptures, the best known Christian missionary and a chosen teacher by our savior Paul, he writes to his friend, Timothy, who he appointed as an overseer, a leader of one of the local churches in the ancient world. He writes this: First of all, that I urge that supplications, prayers, intercessory words, and thanksgivings be made for all peoples, for kings, and all those who are in high positions, that we may lead a quiet and a peaceable life, Godly, respectful in every way. This is good and it is acceptable in the sight of God Stated Meeting September 19, 2019 savior, who desires all people to be saved and come to the knowledge of all truth. So brothers and sisters, let us bow our heads and allow that spirit of God to touch our hearts as we begin today's session, asking for God's blessings for our great city and for our nation. Creator, teacher of all truth of knowledge, wisdom of justice, through you authority is rightly administered. Laws are drawn up, and they are promulgated. Judgment fitting is decreed. Assist with your spirit of counsel the endurance of faith in you, the government leaders of our City of Brotherly Love. And we pray for the Governor of this state, for the members of its assembly, for all judges, magistrates, other officers who are appointed to guard our well-being and our liberties that they may be enabled by your powerful Stated Meeting September 19, 2019 duties of their respective stations with upstanding virtue and with the talents you have imparted in them. May they always seek the ways of righteousness, justice, and mercy. Grant that they may be enabled by your powerful protection to lead our city and our nation with integrity and with steadfastness. We pray these words always through that God that holds us all together, brothers and sisters, creating that image in likeness of God. Amen. (Amen.)

Father Rossi

God bless you all.

Council President Clarke

Thank you, Father. Thank you for those inspiring words. Council will be at ease. (Council at ease.)

Council President Clarke

Stated Meeting September 19, 2019 And, again, Father, thank you for those inspiring words. Our next order of business is the approval of the Journal of the meeting of Thursday, September 12, 2019, and the Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Mr. President. I move that the Journal of the meeting of Thursday, September 12th, 2019 be approved. (Duly seconded.)

Council President Clarke

Thank you. It has been moved and properly seconded that the Journal of the meeting of Thursday, September 12th, 2019 stand approved. All those in favor say aye. (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and the Journal is Stated Meeting September 19, 2019 Chair recognizes Councilman Green.

Councilman Green

Thank you, Council President. I'd just like to acknowledge a group of students who are studying to receive their Juris Doctor degree from one of the nation's leading institutions of higher learning, also known as the Acres of Diamonds, Temple Law School. So if the Temple law students could please stand and be acknowledged.

Council President Clarke

Thank you. Appreciate you being here today. (Applause.)

Council President Clarke

Thank you, Councilman. The Chair recognizes Councilman Taubenberger.

Councilman Taubenberger

Good morning, Mr. President, and good morning colleagues. This morning I would like to Stated Meeting September 19, 2019 very special welcome to the students and teachers from George Washington Carver High School of Engineering and Science in Philadelphia and our sister city, Schule am Ried from Frankfurt, Germany. (Councilman speaking in German.)

Councilman Taubenberger

We honor and celebrate this wonderful sister city exchange program, which has become quite strong over the years. George Washington Carver High School and Schule am Ried have been visiting each other for over three years. These are people-to-people exchanges where the guests are hosted in the homes of students and their families in Philadelphia and also in Germany, which each create deep friendship as well as opportunities to learn about life in another country and explore new career paths. We want to see our students Stated Meeting September 19, 2019 citizens, and sister city high school exchange programs are an ideal vehicle for achieving this goal. To be clear, with the support of our host families both in Philadelphia and in Frankfurt, Germany, these sister city high school student exchanges would never be possible. We greatly appreciate all the cooperating organizations, including universities, local businesses, museums, sports teams, Citizens Diplomacy International, who support this wonderful program for our students. Dear students, we congratulate you on the leadership you have exhibited by participating in this program and exposing yourself to the rich learning opportunities. (Councilman speaking in German.)

Councilman Taubenberger

I would like our guests to stand up and be recognized by this City Council. (Applause.) Stated Meeting September 19, 2019

Councilman Taubenberger

Mr. President, thank you.

Council President Clarke

Thank you, Councilman. And welcome and thank you all for being here today. We hope your stay here today is a pleasurable one. Our next order of business is requests for leaves, and the Chair recognizes Councilman Henon.

Councilman Henon

Thank you, Mr. President. On behalf of the majority, a leave of absence is requested for Councilman Squilla.

Council President Clarke

Thank you, Councilman. The record shall reflect that Councilman Squilla has requested a leave of absence and it has been granted. The Chair now recognizes Councilman O'Neill.

Councilman O'Neill

Thank you, Mr. President. On behalf of the republicans, there are no requests for Stated Meeting September 19, 2019

Council President Clarke

The Chair thanks the gentleman. At this time, I would like to thank everyone who has come down to witness their government in action today. We genuinely appreciate you being here. We hope your stay here today is a knowledgeable one but, more importantly, a pleasurable one, so much so that you come back again. Again, thank you for being here. Today I know this will be very, very difficult news for the Councilmembers. Today we have no presentations. We'll make up for it next week, though. Our next order of business is communications, and the Chair requests that the Sergeant-of-Arms delivers the messages from the Mayor to the Chief Clerk. Mr. Decker, please read those messages. Stated Meeting September 19, 2019

Chief Clerk

To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on September 12, 2019, I signed the following bill which was passed by Council at its session on September 12, 2019: Bill No. 190431. And I am submitting herewith for the consideration of your honorable body an ordinance authorizing the issuance from time to time of one or more series of general obligation bonds to provide funds to refund certain outstanding general obligation bonds of The City of Philadelphia; authorizing the Mayor, City Controller and City Solicitor or a majority of them to sell bonds at public or private negotiated sale; setting forth the purposes for which the proceeds of the bonds will be expended; providing for the maturities and for other terms and conditions and for the form of the bonds; providing that the bonds may be redeemable prior to Stated Meeting September 19, 2019 maturity; providing sinking funds for the bonds and for appropriations to the Sinking Fund Commission for the payment thereof; and An ordinance amending Subcode "A" of Title 4 of The Philadelphia Code to further provide for timelines and administrative fees in connection with various permit applications, and to establish a special surcharge in connection with accelerated permit reviews; and An ordinance amending various provisions of Subcode "P" of Title 4 of The Philadelphia Code, "The Philadelphia Plumbing Code," by making additional additions, deletions and amendments to the City's adoption of the 2018 edition of the "International Plumbing Code"; and An ordinance authorizing the Commissioner of Public Property to acquire fee simple title or a lesser real estate interest to all or a portion of a parcel or parcels of land, together with Stated Meeting September 19, 2019 thereon, in and about the area bounded by West Cumberland Street, North 8th Street, West York Street and North 9th Street; and An ordinance authorizing the Commissioner of Public Property to convey to the Philadelphia Redevelopment Authority all or a portion of a parcel or parcels of land in and about the area bounded by West Thompson Street, North Orianna Street, West Girard Avenue, and North 4th Street, for further conveyance; and An ordinance authorizing the Commissioner of Public Property to enter into a lease agreement with Robert Nicoletti Family Trust, for the use by the City, of all or a portion of the premises located at 1813 through 25 Hilton Street; and An ordinance authorizing the Commissioner of Public Property to convey to the Philadelphia Authority for Industrial Development, all or a portion Stated Meeting September 19, 2019 of a parcel or parcels of land in and about the area bounded by Lombard Street, South Broad Street, South Street and 15th Street; and An ordinance authorizing the Commissioner of Public Property to enter into a lease agreement with 2401 Walnut Limited Partnership for use by the City of all or a portion of the premises located at 2401 Walnut Street, all under certain terms and conditions.

Council President Clarke

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

Chief Clerk

I have none, Mr. President.

Council President Clarke

Thank you. Those messages will be printed in today's Journal. Our next order of business is introduction of bills and resolutions, and the Chair recognizes Councilwoman Reynolds Brown.

Councilwoman Brown

Stated Meeting September 19, 2019 Mr. President, thank you. I have one bill co-sponsored by members Maria Quinones-Sanchez and Councilman Derek Green and two resolutions. Thank you.

Council President Clarke

Thank you, Councilwoman.

Chief Clerk

An ordinance amending Section 20-304 of The Philadelphia Code, entitled "Compensation for Members of Boards, Commissions, Committees and Councils," to provide for compensation for the members of the Environmental Justice Advisory Commission; and amending Section 21-3002, entitled "Environmental Justice Advisory Commission," with respect to membership, timing, and reporting.

Council President Clarke

Referred to committee.

Chief Clerk

And a privileged resolution congratulating Deirdre Childress Hopkins on Her Election as the First African American President of the Philadelphia Public Relations Stated Meeting September 19, 2019 Association.

Council President Clarke

Today's Calendar.

Chief Clerk

And a privileged resolution recognizing the United Nations on the occasion of their historic 2019 Climate Action Summit.

Council President Clarke

Also on today's Calendar. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Mr. President. Today I introduce one bill on your behalf and two bills on my own behalf.

Council President Clarke

Thank you, Councilwoman.

Councilwoman Blackwell

Thank you.

Chief Clerk

An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Chestnut Street, 30th Stated Meeting September 19, 2019 Street, Walnut Street, and 31st Lower Level Street; and An ordinance amending Section 9-205 of The Philadelphia Code, entitled "Sidewalk Sales," by adding an exception to a prohibited vending location; and An ordinance authorizing the issuance from time to time of one or more series of general obligation bonds to provide funds to refund certain outstanding general obligation bonds of The City of Philadelphia; authorizing the Mayor, City Controller and City Solicitor or a majority of them to sell the bonds at public or private negotiated sale.

Council President Clarke

Those three bills just read by the Chief Clerk will be referred to the appropriate committees. The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Mr. President. Today I offer two bills, three resolutions. The bills and Stated Meeting September 19, 2019 two of the resolutions on your behalf and the other resolution is co-sponsored with me with Councilman Jones and Councilwoman Sanchez, and when the resolution on the North Broad Street BID is read, I'd like to be recognized, please.

Council President Clarke

Thank you, Councilman.

Chief Clerk

An ordinance authorizing the Commissioner of Public 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, together with the improvements thereon, in and about the area bounded by West Cumberland Street, North 8th Street, West York Street and North 9th Street.

Council President Clarke

Referred to committee.

Chief Clerk

And an ordinance establishing a neighborhood improvement district, to be known as the North Broad Business Improvement District, in an area Stated Meeting September 19, 2019 that generally includes both sides of North Broad Street from the north side of Spring Garden Street to the south side of Indiana Avenue, beginning with 600 North Broad Street and continuing to 2932 North Broad Street, and certain blocks of streets that intersect portions of these streets.

Council President Clarke

Thank you. The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Mr. President, I think it's -- that was a bill. When the resolution is read, I think.

Council President Clarke

Okay. Thank you. Mr. Decker, read that.

Chief Clerk

And a privileged resolution calling on the City Council of Philadelphia Committee on Commerce and Economic Development to Hold Hearings Concerning The Unbanked and Underbanked Stated Meeting September 19, 2019 in Philadelphia and the City's Plans for Helping to Provide Access to Banking Services to All Residents.

Council President Clarke

Today's Calendar.

Chief Clerk

And a non-privileged resolution initiating action to establish a neighborhood improvement district in an area that generally includes both sides of North Broad Street from the north side of Spring Garden Street to the south side of Indiana Avenue, beginning with 600 North Broad Street and continuing to 2932 North Broad Street, and certain blocks of streets that intersect portions of these streets.

Council President Clarke

And that will now recognize Councilman Greenlee.

Councilman Greenlee

Thank you, Mr. President. I move that the rules of Council be suspended to allow for that resolution to be put on today's Stated Meeting September 19, 2019 Calendar. (Duly seconded.)

Council President Clarke

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

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it. That will be on today's Calendar. Let the record reflect that the earlier bill on the North Broad Street BID be referred to the appropriate committee. I don't think I said that at the time. Thank you.

Chief Clerk

And a non-privileged resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain Stated Meeting September 19, 2019 City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Forty-Seventh Ward of the City of Philadelphia.

Council President Clarke

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

Councilman Henon

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

Council President Clarke

Thank you, Councilman.

Chief Clerk

A privileged resolution authorizing the Committee on Housing, Neighborhood Development and the Homeless to hold hearings on the issue of negligent landlords, absentee landlords, property managers, problem properties, foreclosed vacant residential properties, problem rental properties and their impact on the surrounding community and the opportunities and implications associated with limiting, banning or Stated Meeting September 19, 2019 capping the number of rental properties within defined areas and neighborhoods, and authorizing the issuance of subpoenas to compel the attendance of witnesses and the production of documents to the full extent authorized under the Home Rule Charter.

Council President Clarke

Today's Calendar. The Chair recognizes Councilman Jones.

Councilman Jones

Thank you, Mr. President. I have one privileged and one non-privileged resolution today, and I'd like to be recognized after the reading of the resolution.

Council President Clarke

Thank you, Councilman.

Chief Clerk

A privileged resolution recognizing and honoring Assiah's Liver Fund for its extraordinary work in educating communities of color about organ donation and transplantation, as well as spreading joy and awareness Stated Meeting September 19, 2019 through children's books.

Council President Clarke

That will be on today's Calendar.

Chief Clerk

And a non-privileged resolution also naming the 7300 block of Ridge Avenue as "Ralph Scalise Way," in honor of Raffaele Scalise, to commemorate his long-time dedication to Philadelphia and numerous local organizations.

Council President Clarke

The Chair recognizes Councilman Jones.

Councilman Jones

Thank you, Mr. President. I'd like to acknowledge two people that came down to share our process today. The Phinisee family, who that resolution is for, are phenomenal educators about organ donation, transplants -- I know they're around here somewhere. Can you stand up. There they are. And they bravely have dealt with the liver process and donation Stated Meeting September 19, 2019 process and have taken that process and put it into coloring books so that other families can understand that process. As an organ donor myself to my brother, those kinds of educational components are the difference between being a donor or not. And in particular parts of my district, there is three times as many organ failures as in the general population. That can be attributed to many things, such as food deserts and other misuses of a good liver. And so I'm thankful to them for coming down today and sharing that with not just this Council but the entire City. So can we welcome them to City Council. (Applause.)

Councilman Jones

Thank you, Mr. President.

Council President Clarke

Thank you, Councilman. And that will be on next week's Calendar. Stated Meeting September 19, 2019 The Chair recognizes Councilman Johnson.

Councilman Johnson

Thank you, Council President. I have four bills.

Council President Clarke

Thank you, Councilman.

Councilman Johnson

You're welcome.

Chief Clerk

An ordinance authorizing transfers in appropriations for Fiscal Year 2020 from the Grants Revenue Fund, the Director of Finance Provision for Other Grants to the General Fund, the Managing Director; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a lease agreement with 2401 Walnut Limited Partnership for use by the City of all or a portion of the premises located at 2401 Walnut Street; and An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of Stated Meeting September 19, 2019 land located within an area bounded by Broad Street, Oregon Avenue, 10th Street, and the Schuylkill Expressway (I-76); and An ordinance authorizing the Commissioner of Public Property to convey to the Philadelphia Authority for Industrial Development, all or a portion of a parcel or parcels of land in and about the area bounded by Lombard Street, South Broad Street, South Street and 15th Street, for further conveyance.

Council President Clarke

Those four bills just read by the Chief Clerk will be referred to the appropriate committees. The Chair recognizes Councilwoman Quinones-Sanchez.

Councilwoman Sanchez

Thank you, Council President. I have two bills for Councilman Squilla, one administrative bill, and two non-privileged resolutions.

Council President Clarke

Thank you, Councilwoman. Stated Meeting September 19, 2019

Chief Clerk

An ordinance amending various provisions of Subcode "P" of Title 4 of The Philadelphia Code, "The Philadelphia Plumbing Code," by making additional additions, deletions and amendments to the City's adoption of the 2018 "International Plumbing Code," as published by the International Code Council; and An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a lease agreement with the Robert Nicoletti Family Trust, for use by the City, of all or a portion of the premises located at 1813 through 25 Hilton Street; and An ordinance amending Title 6 of The Philadelphia Code, entitled "Health Code," by creating a new Chapter 6-1200, entitled "Prescription Data Collection," to provide for submission of certain prescription data to the Department of Public Health solely for Stated Meeting September 19, 2019 the purpose of administration and maintenance of the public health, in accordance with the Home Rule Charter.

Council President Clarke

Those three bills will be referred to committee.

Chief Clerk

And a privileged resolution authorizing the Committee on Law and Government to conduct hearings about how "TAP," the nation's first income-based water bill program, will allow low-income Philadelphians to earn forgiveness of past debts upon timely payments to the Philadelphia Water Department.

Council President Clarke

Today's Calendar.

Chief Clerk

And a non-privileged resolution urging the City of Philadelphia to take measures to achieve fair and equitable transition to the use of 100 Clean Renewable Energy by 2050.

Council President Clarke

And Stated Meeting September 19, 2019 that will be on next week's Calendar. The Chair recognizes Councilman Green.

Councilman Green

Good morning, Council President. I have two bills and two resolutions, one privileged, one non-privileged resolution. I request to be acknowledged after the reading of the non-privileged resolution for a motion on the resolution.

Council President Clarke

Thank you, Councilman.

Chief Clerk

An ordinance amending Chapter 9-3400 of The Philadelphia Code, entitled "Energy Conservation," to provide for the benchmarking and reporting of energy and water usage data for certain buildings participating in the Commercial Property Assessed Clean Energy Program, and to make technical changes.

Council President Clarke

Referred to committee. Stated Meeting September 19, 2019

Chief Clerk

And an ordinance continuing the Philadelphia Hospitality Improvement Levy District, a business improvement district encompassing certain existing and future hotel properties within the boundaries of the City of Philadelphia, and continuing the Philadelphia Hospitality Improvement Levy District Corporation to serve as the Neighborhood Improvement District Management Association for the District.

Council President Clarke

Referred to committee.

Chief Clerk

And a non-privileged resolution initiating action to continue a business improvement district encompassing certain existing and future hotel properties within the boundaries of the City of Philadelphia, known as the Philadelphia Hospitality Improvement Levy District, and to continue Philadelphia Hospitality Improvement Levy District Corporation as the Neighborhood Improvement District Stated Meeting September 19, 2019 Management Association for the District; approving a preliminary plan and report for the District; and authorizing and directing the Committee on Rules and the Clerk of Council to take all actions that are required by the Community and Economic Improvement Act, prior to adoption of an ordinance that would formally continue the District.

Council President Clarke

The Chair recognizes Councilman Green.

Councilman Green

Thank you, Council President. I move that the rules of Council be suspended to permit consideration of this resolution on today's Final Passage Calendar. (Duly seconded.)

Council President Clarke

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

Council President Clarke

Those opposed? (No response.) Stated Meeting September 19, 2019

Council President Clarke

The ayes have it. That will be on today's Calendar.

Chief Clerk

And a privileged resolution recognizing and honoring Reverend A. Richard Dent, as he steps down as pastor of First African Baptist Church of Darby Township.

Council President Clarke

And that will also be on today's Calendar. The Chair recognizes Councilwoman Parker.

Councilwoman Parker

Thank you, Mr. President. I offer one privileged resolution sponsored by all women of Council, and I wish to be recognized after the title is read.

Council President Clarke

Thank you, Councilwoman.

Chief Clerk

A privileged resolution commending Mentoring Young Women in Construction, a free, six-day camp that is available to girls in 7th through 12th grade and is put on by the Stated Meeting September 19, 2019 NAWIC Philadelphia Foundation in conjunction with NAWIC Philadelphia Chapter and Girls Incorporated.

Council President Clarke

The Chair recognizes Councilwoman Parker.

Councilwoman Parker

Thank you, Mr. President. On behalf of the women of Council, I am honored to introduce this resolution recognizing and commending the mentoring of young women in the construction industry. When I saw the story that was written in a news outlet over the summer about this organization, I thought about a conversation that I had a few years ago with a former staffer here by the name of Katherine Gilmore Richardson, and she was just finishing, I think, a program at the distinguished Yale University on women in leadership, and I asked her to share with me what that was like. Councilman Johnson, I then shared with her what my experience was like in the Senior Executives in State and Local Government Stated Meeting September 19, 2019 program at Harvard University, and it was at that time, Mr. President, that a light bulb went off in my head related to women of color and women in general. I just want to note for the record that we hear a lot of people using race to distinguish women, and you hear people say, I'm a black woman, an African American woman, I'm a white woman, or another woman of color. I want to say to all women of color, black, brown, or whatever race or ethnicity that you come from, along with white women, that our issue that we are dealing with now is privilege and class and that the barriers to entry that preclude us from getting engaged in industries like the construction industry, the legal industry, the medical industry are not necessarily always our race and sex. It is our class and our socioeconomic status. So if you aren't born into wealth, if you don't grow up in wealth, Stated Meeting September 19, 2019 if you don't marry into wealth and you're a woman of color, your barriers to entry, the grit, the tenacity, everything that it takes for you to survive may be different from another woman who looks like you. So I want to commend this program, Angelina Perryman, along with Erin from the Painters. I know I saw her engaged with it, along with Girls Inc., and to let them know that I am going to be doing my best to talk to row house women who are not born into wealth, who have not married into wealth, and who are raising young girls who are going to have to survive without the privilege that comes with their class and/or socioeconomic status. Thank you, Mr. President.

Council President Clarke

Thank you, Councilwoman. That will be on today's Calendar. The Chair recognizes Councilman Domb. Stated Meeting September 19, 2019

Councilman Domb

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

Council President Clarke

Thank you, Councilman. The Chair recognizes Councilwoman Gym.

Councilwoman Gym

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

Council President Clarke

Thank you, Councilwoman. The Chair recognizes Councilman Taubenberger.

Councilman Taubenberger

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

Council President Clarke

Thank you, Councilman. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Thank you, Mr. President. I have no bills or resolutions. Stated Meeting September 19, 2019

Council President Clarke

Thank you, Councilman. Councilman Squilla is absent today. The Chair recognizes Councilwoman Bass.

Councilwoman Bass

Good morning, Mr. President. I offer one bill.

Council President Clarke

Thank you, Councilwoman.

Chief Clerk

An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Upsal Street, Ardleigh Street, Washington Lane, the SEPTA Chestnut Hill East Railroad Right-of-Way, Chew Avenue, Washington Lane, and Morton Street.

Council President Clarke

Referred to committee. The Chair recognizes Councilman Oh. Stated Meeting September 19, 2019

Councilman Oh

Thank you very much, Council President. I offer one privileged resolution co-sponsored by Councilwoman Bass.

Council President Clarke

Thank you, Councilman.

Chief Clerk

A privileged resolution celebrating the Creation of the Philadelphia Flyers Warriors Hockey Team, Comprised of Injured and Disabled Military Veterans.

Council President Clarke

That will be on today's Calendar. That concludes our introduction of bills and resolutions, and we will now have our reports from committee. And the Chair recognizes Councilwoman Bass for a report from the Committee of Public Health and Human Services.

Councilwoman Bass

Thank you, Mr. President. The Committee of Public Health and Human Services reports one bill with a favorable recommendation. Stated Meeting September 19, 2019

Council President Clarke

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

Chief Clerk

To the President and members of the Council of the City of Philadelphia, the Committee on Public Health and Human Services, to which was referred Bill No. 190505, entitled "An ordinance amending Title 6 of The Philadelphia Code, entitled 'Health Code,' by adding a new Chapter 6-311, entitled 'Children's Meals at Food Service Establishments,'" respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.

Council President Clarke

The Chair again recognizes Councilwoman Bass.

Councilwoman Bass

Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 190505. Stated Meeting September 19, 2019 (Duly seconded.)

Council President Clarke

Thank you. It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill No. 190505. All those in favor say aye. (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it. This bill will be placed on our First Reading Calendar today. That concludes our reports from committee, and our next order of business is consideration of the Calendar. I note that the bill just reported from committee with suspension of the rules has been deemed to have had a first reading. This bill will be placed on our Second Reading and Final Passage Calendar at our next session of Stated Meeting September 19, 2019 2ND READING Council. As there are no additional bills on our First Reading Calendar, the Chair recognizes Councilman Henon for the purpose of calling up bills and resolutions that are on our Final Passage Calendar today.

Councilman Henon

Thank you, Mr. President. The following resolutions and bills are being called up for the Second Reading and Final Passage Calendars today. They are Bill Nos. 190671, 190675, 190677, 190232, 180936, and 190507. All other bills and resolutions are being held.

Council President Clarke

Thank you, Councilman. Before we consider these bills and resolutions that are on the Final Passage Calendar today, we will have our public comment session. It will go as follows: If you are interested in testifying on a bill or resolution that Stated Meeting September 19, 2019 is on our Final Passage Calendar today, if you have not already done so, you may sign up at the table to my left. When your name is called, you will go to the middle of the Council Chambers. There's a podium. There's a device on that podium. When the light turns green on that device, it will be your time to speak. When the light turns yellow, you will have 30 seconds to conclude your remarks. When the light turns red, we'd ask that you please adhere to our guidelines and conclude your remarks. You will be given three minutes to speak. I want to thank you very much for your anticipated cooperation with our process. Mr. Decker, please read the first name.

Chief Clerk

George Gould, commenting on 180936. (Witness approached podium.)

Mr. Gould

Good morning. My name is George Gould. I'm an attorney at Stated Meeting September 19, 2019 Community Legal Services in Philadelphia. I'm here to talk about the amendments to Bill No. 180936, which would amend the lead-safe certification in Philadelphia. There are several amendments which are being introduced, and we support most of them, but we do have one problem with one. One of them is, there is a lengthy transition period to give the Health Department and landlords the opportunity to comply with the new ordinance, and we basically -- there's some changes, but we are supportive of that. The Health Department also is to put on the website a list of certified lead inspectors, and that's a good idea. The Health Department also will have the ability to audit to determine that the lead-safe certifications given are appropriate, and we think that is good. However, there is one problem. Currently the lead-safe certification Stated Meeting September 19, 2019 that's given is valid for two years. This is going to be -- the proposed bill, we compromised and changed it to three years. One of the amendments which we just saw about 20 minutes ago will now change it to four years, and we think that is very problematic, because paint can peel within a relatively short period of time and can be very hazardous, and if the certification is good that long, this could create risk for families. The other thing I wanted to mention quickly was that the landlord associations have put out some, what we would call, misinformation comparing Maryland, which has a similar bill to 180 that we have -- that we are pushing here, 180936, and what they say is that in Maryland the recent testing that was 0.9 percent of the children had elevated blood lead levels, and they said in Philadelphia it was 0.8 percent. We did some research, and we passed out this document, and I have more, which shows Stated Meeting September 19, 2019 this is dramatically incorrect. In fact, Baltimore -- in fact, Philadelphia has 1.1 percent and Maryland has 0.2 percent, which means that Philadelphia is five times greater percentage-wise of the number of children getting lead poisoned, and we think that is a major reason why this bill -- the amendments should get passed and this bill should get passed, but, again, we want to express our concern from the change from two to four years. Thank you. (Applause.)

Chief Clerk

Lynn Landes, commenting on 180729. (Witness approached podium.)

Ms. Landes

Good morning.

Council President Clarke

Good morning.

Ms. Landes

My name is Lynn Landes and I am the co-founder of safestreetsphilly.org. We believe that the City must Stated Meeting September 19, 2019 provide housing and services to those in need, but the general public must also be protected. Common sense dictates that cities cannot allow people to live on the streets, because by doing so, the cities themselves are in violation of local, state, and federal laws governing health, safety, sanitation, and the environment. The federal courts have said that the homeless have a legal right to live on the street only if there is no shelter space available. Philadelphia usually does have available space, so why are so many of the homeless still living on our streets? We strongly recommend that the City make the commitment to always have shelter space available so that there is no legal excuse for anyone to live on our streets and so that the law against living on the streets can be effectively and promptly enforced. More importantly, many of the homeless are seriously mentally ill and Stated Meeting September 19, 2019 should be receiving Social Security Disability, as my own son does. The problem is that applying for SSD and other services is a voluntary process in Philadelphia. To expect someone who is mentally ill to make decisions in their own self-interest is completely unrealistic. Unfortunately, many of the non-profits who receive funds from the $100 million budget of the Department of Homeless Services are all too often enabling the mentally ill to stay on the streets rather than ensuring that they receive SSD, shelter, and the other services that would get them off the streets. Making matters worse, the bar has been set too high in Philadelphia for the seriously mentally ill to qualify for involuntary commitment and long-term mental healthcare. The state laws are not that restrictive. The bar must be lowered and, if necessary, challenged in Stated Meeting September 19, 2019 court. We ask that the Mayor and City Council take steps to address this situation for the sake of all Philadelphians. Please visit safestreetsphilly.org for more information, and thank you very much for your attention.

Council President Clarke

Thank you for your testimony. (Applause.)

Chief Clerk

Ethelind Baylor, commenting on 190671. (Witness approached podium.)

Ms. Baylor

Good morning, Council President Clarke and members of City Council. I am Ethelind Baylor, Vice President of AFSCME District Council 47. I am here today supporting Resolution 190671 introduced by Councilmembers Henon and Parker concerning PA House Bill No. 1082 and Senate Bill 464 entitled the "Jake Schwab Worker's Safety Bill." Stated Meeting September 19, 2019 Did you know that private-sector workers have more workplace protections than our police officers, firemen, correctional officers, road maintenance workers, DHS workers, public health staff, probation and parole officers, and all other public employees in Pennsylvania? This House bill will help bring the same protections provided by private-sector workers to the public-sector workers here in this state. This includes members of AFSCME that work for the City of Philadelphia. Currently OSHA protections do not cover workers in the public sector like the City's blue- and white-collar workforce. Philadelphia Area Project on Occupational Safety and Health Executive Director Nicole Fuller says, Workplace safety should not be treated as a perk or a fringe benefit. Every Pennsylvanian should have the right to have safe and healthy working conditions. Stated Meeting September 19, 2019 And while it is great legislation been introduced, as you all know, it is only when it passes and signature of the Governor does it have real impact. We want to help move this process forward by having this City Council on record in support of House Bill 1028 and Senate Bill 464. Last week, as you know, organized labor leaders statewide voiced their support for this legislation as well as some elected officials have also voiced their support, and we're asking you today to add your collective yes vote for this resolution sponsored once again by Councilmembers Henon and Parker to add to the voices statewide of their concern for worker safety and to see the need that now it is time to do something. Thank you all. (Applause.)

Council President Clarke

Thank you for your testimony.

Chief Clerk

Joe Cox, Stated Meeting September 19, 2019 commenting on 180936. (Witness approached podium.)

Council President Clarke

Good morning.

Mr. Cox

Good morning. Thank you. My name is Joe Cox. We need to protect our kids, so I support promoting lead safety in houses and schools. We need to make them all lead and asbestos safe. Little kids should not live or learn with lead or asbestos. Our teaching professionals shouldn't have to work in these conditions as well. I believe we should be judged by how we treat the most vulnerable. We need to make every house and school lead and asbestos safe. Also, we need to make a resolution urging to expand general assistance. Fight for the most vulnerable. Thank you.

Council President Clarke

Thank you for your testimony. Stated Meeting September 19, 2019 (Applause.)

Chief Clerk

Joe Danihel, commenting on 190232, 170675, and 190507. (Witness approached podium.)

Council President Clarke

Good morning.

Mr. Danihel

Good morning. This is an official decree of the people in writ of the mandamus quo warranto and, as such, requires immediate action and remedy. Every week, Council, Mayor, Governor, and others transfer private property to the government, probably unlawfully. As the people celebrate the signing of the Constitution, I stand before you stripped of almost all of my God-given rights. Professional politicians, many serving for decades, are like Ken dolls, lacking the testicular fortitude to obey, protect, and defend the Constitution. Last week, elected Stated Meeting September 19, 2019 representatives refused to be served court paperwork from their boss according to the Constitution, using capital police, DHS, and other oath-bound police organizations because these representatives did not like the words on the paperwork from their boss. The founding fathers would unbury themselves and beat you if they could for dishonoring their sacrifices. The constitutions require immediate remedy of this breach of law, breach of close, breach of fiduciary duty. Your oath of office requires you to act or face prison. 42 USC 1982, 1983, 1985, 1986, 1987; 18 USC 241, 242, 2381, 2384; PA Constitution, Article I, Sections 1 through 28; 26 PA CSA 703, 705, 708, 709, 711, 712, 713, 716, and 902 and other laws listed in SCOTUS 15-8965, 14-1330, 14-4056 appear violated. I call on the federal and Commonwealth governments to perform their Stated Meeting September 19, 2019 constitutional obligations to investigate and prosecute all involved in the theft and illegal deed transfer of my home, 1038 West Wyoming Avenue. The denial of God-given 42 USC 1982 property rights for 25 years is egregious, extraordinary, oath-violating, and requires immediate remedy. A just government must obey the rule of law. This color of law government must have its Charter to govern revoked until a constitutionally compliant government is installed. Public servants cannot refuse their sworn duty to act any more than a fireman can refuse to fight a fire. The sovereign people require oath, Constitution, and law be enforced, and jail is required for all who violate oath, Constitution, or law. I remind Council, it takes a lot of cooperation to create and allow monumental corruption.

Council President Clarke

Stated Meeting September 19, 2019 Thank you for your testimony.

Chief Clerk

Jana Curtis, commenting on 180936. (Witness approached podium.)

Council President Clarke

Good morning.

Ms. Curtis

Good morning. My name is Jana Curtis. I'm a parent who knows firsthand the terrible cost of lead poisoning, and we have a citywide crisis here. I'm appalled that this Council continues to delay passage of 180936. I understand today that an amendment proposes to extend the time between lead-safe certifications from three to four years. The proposed three-year timeline is already a compromise from the current bill, which requires it every two years. I have three small kids and live in an older home. I know door jambs get knocked, paint gets chipped, property has to be maintained. Doubling the time between certifications is playing with Stated Meeting September 19, 2019 9/19/19 - STATED - 2ND READING the future of our city's children. What good is a lead-safe certification from four years ago if your child is playing on the floor today getting poisoned today? Even so, this bill needs to move forward and it needs to move forward now. Our kids can't wait any longer. (Applause.)

Council President Clarke

Thank you for your testimony.

Chief Clerk

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

Council President Clarke

Thank you very much. We will now proceed with our Calendar. Mr. Decker, can you please read the title of 190671.

Chief Clerk

A resolution urging the Pennsylvania General Assembly to support the Jake Schwab Worker's Safety Bill, House Bill 1082 and Senate Stated Meeting September 19, 2019 9/19/19 - STATED - 2ND READING Bill 464.

Council President Clarke

The Chair recognizes Councilman Henon.

Councilman Henon

Thank you, Mr. President. I'd like to be recognized before we make the motion on the vote --

Council President Clarke

Certainly.

Councilman Henon

-- on this bill. And I think this bill is long overdue, and I'm proud to have worked with a lot of the stakeholders and municipal workers, AFSCME right here in the City of Philadelphia who is speaking up for all workers in the Commonwealth of Pennsylvania, and also very happy that my colleague Councilwoman Parker has been a co-introducer of this right out of jump street from the beginning, making sure that not only are City workers covered, but city, state, and federal workers covered in the Commonwealth of Pennsylvania with OSHA standards. Right now they are not covered. Stated Meeting September 19, 2019 9/19/19 - STATED - 2ND READING We assume that city and state and federal employees have OSHA standards that are in protection for people, workers and workplace safety, and they are not. That includes our police officers. That includes our sanitation workers and our workers that are in this building and across the street that go into work every day assuming that they're going to be safe, and they are not. There are tragic stories. In 2017, a little over 170 people died in the Commonwealth of Pennsylvania because of unsafe work conditions. Materials change, equipments change, and the training has not, to make sure that those safety precautions are in place. We have an underground economy here where the City is not just losing tens of millions of dollars in revenue every day, which I have been a staunch advocate for making sure that we have the proper inspectors and staffing levels, but if we increase levels, we want to Stated Meeting September 19, 2019 9/19/19 - STATED - 2ND READING make sure that they have protections on them as they go out and visit these unsafe construction sites that we have, which does have OSHA standards. So it's good enough for the private sector. It should be good enough for the public sector, who come in and serve the people every day. So I want to thank my colleague Councilwoman Parker again and all Councilmembers who have signed onto this to ensure that the worker safety and the workplace is a place that you can go not just with dignity and respect, that you have a safe place to work. So with that being said, I move for the motion on the resolution. (Duly seconded.)

Council President Clarke

Thank you. It's been moved and properly seconded. All those in favor say aye. (Aye.)

Council President Clarke

Stated Meeting September 19, 2019 9/19/19 - STATED - 2ND READING Those opposed? (No response.)

Council President Clarke

The ayes have it. Resolution 190671 is adopted. Mr. Decker, 190675.

Chief Clerk

A resolution also naming Belmont Mansion Drive from South Chamounix Drive to Army Road as "Audrey Johnson Thornton Way," in honor of the late Audrey Johnson Thornton, to commemorate her long-time dedication to the historic Belmont Mansion.

Council President Clarke

The Chair recognizes Councilman Jones.

Councilman Jones

Thank you, Mr. President. I move for its adoption. (Duly seconded.)

Council President Clarke

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

Council President Clarke

Those opposed? Stated Meeting September 19, 2019 9/19/19 - STATED - 2ND READING (No response.)

Council President Clarke

The ayes have it. Resolution 190675 is adopted. Mr. Decker, 190232 -- I'm sorry; 190677.

Chief Clerk

A resolution urging the Pro Football Hall of Fame's Selection Committee to elect Johnny Sample as a member, in recognition of his legacy as a pioneering athlete, broadcaster, and activist.

Council President Clarke

The Chair recognizes Councilman Johnson.

Councilman Johnson

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

Council President Clarke

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

Council President Clarke

Those opposed? Stated Meeting September 19, 2019 9/19/19 - STATED - 2ND READING (No response.)

Council President Clarke

The ayes have it. 190677 has been adopted. Mr. Decker, now read 190232.

Chief Clerk

An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Kensington Avenue, Hilton Street, Jasper Street, and Madison Street.

Council President Clarke

This bill has been heard on two separate days. The question is shall the bill pass finally. Mr. Decker, call the roll.

Chief Clerk

Councilwoman Bass.

Councilwoman Bass

Aye.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Domb.

Councilman Domb

Aye. Stated Meeting September 19, 2019 9/19/19 - STATED - 2ND READING

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilwoman Gym.

Councilwoman Gym

Aye.

Chief Clerk

Councilman Henon.

Councilman Henon

Aye.

Chief Clerk

Councilman Johnson.

Councilman Johnson

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Oh.

Chief Clerk

Councilwoman Parker.