Thank you. It's been moved and properly seconded that the resolution be adopted. Because Resolution No. 190028 again is an amendment to the Home Rule Charter, it requires two-thirds vote. Therefore, the Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING question now is shall the resolution be adopted. Mr. Decker, call the roll.
Councilman Jones. Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING
Aye. The ayes are 16; the nays are zero. Two-thirds of all members of Council having voted in the affirmative, Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING Resolution No. 190028 has been adopted. Mr. Decker, please read the title of 190004.
An ordinance amending Chapter 19-2900 of Title 19 of The Philadelphia Code, entitled "Senior Citizen Low Income Special Tax Provisions," by extending the deadline for low-income seniors to apply for a refund or forgiveness of Real Estate Taxes.
This bill has been heard -- I'm sorry. The Chair recognizes Councilman Johnson.
Thank you, Council President. I want to first and foremost thank you for your leadership and working with your staff to again extend the Senior Citizens Tax Freeze. As we look at development in the City of Philadelphia, some areas are experiencing significant development, resulting in gentrification, resulting in the increase of their property taxes. And so as we Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING move forward in the near future with a comprehensive real program around affordable housing, workforce housing, and senior housing to save those who have really paved the way for development, this initiative goes towards helping individuals, primarily long-term residents who are seniors, to stay inside their homes. And so thank you very much for your leadership, and I'm proud to be a part of it.
Thank you, Councilman. Thank you for your co-sponsorship. Mr. Decker, this bill has been heard on two separate days. The question is shall the bill pass finally. Please call the roll.
Aye. Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING
Aye. Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING
Aye. The ayes are 16; the nays are zero. A majority of members present voting in the affirmative, the bill passes. Mr. Decker, 180820.
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to The Philadelphia Home Rule Charter to change certain gender specific references to gender neutral references, as approved by Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING Resolution of the City Council.
This bill has been heard on two separate days. The question is shall the bill pass finally. Mr. Decker, call the roll.
Councilman Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING Johnson.
Aye. Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING A majority of members present voting in the affirmative, the bill passes. Mr. Decker, 180943.
An ordinance amending Chapter 9-1100 of The Philadelphia Code, entitled "Fair Practices Ordinance: Protections Against Unlawful Discrimination," by adding a new section prohibiting retail establishments from refusing to accept cash as a form of payment.
Thank you. The Chair recognizes Councilman Greenlee.
Thank you, Mr. President. On the good old dollar bill that's been around since Ben Franklin has been walking the streets, it's written, "This note is legal tender for all debts, public and private." Unfortunately, some places have popped up recently that are called cashless, and Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING that would be fine if everybody had the same access to be able to walk into that coffee shop, sandwich shop, salad place and buy that product. Unfortunately, it's been estimated nationwide 15 to 20 percent of people are unbanked, which means they don't have credit and cannot walk into those stores. In Philadelphia, given unfortunately that we've been called the poorest big city in America, that number might be higher. It inordinately affects low-income, lower-income people, minorities and immigrants. It's to me just a fairness issue. This does not stop any establishment from accepting credit cards from any customer giving a credit card as payment. It just says you have to take the monetary unit of the United States of America. So that's why Councilwoman Quinones-Sanchez and I introduced this bill. We just think it gives everybody the same opportunity to buy a product. Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING Now, there might be a time in the future where everybody has some kind of access to some kind of card and all, but we're not there now. We're not there today. And all I'm saying is that -- all we're saying is that people should be treated equally and there shouldn't be, even if it's unintentional, a sort of tone out there that your business is not welcome here, and that's unfortunately, again, whether it's intentional or not, what the cashless places I think are giving out. So I would hope that members would support this bill. Thank you, Mr. President.
Thank you, Council President. I have some concerns regarding this bill that I just wanted to Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING share. As a city that already places a high burden on businesses, we cannot continue to dictate how entrepreneurs choose to operate their business, and as a city, we do need to be careful to pass bills that are specific to our city, because the effect could be to push businesses over the county line. In New Jersey, this type of bill is a statewide application. I also understand that we cannot make everyone happy, but our decisions are based on what's best for the City as a whole. And this bill not only affects businesses like Bluestone and Sweetgreen, it places an even larger burden on small business owners across the entire City who take a huge risk to create their business model. I do applaud Councilman Greenlee, and I understand his effort towards fairness and his goal for this bill. I just wish there was some middle Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING ground we could reach that could address the concerns I will now outline. These are the effects I've been told by our departments in the City that this bill could have on our city: Philadelphia will attract fewer businesses. This is a real example. Amazon called the Commerce Department and advised them several times and said they were considering bringing the Amazon Go concept to Philadelphia, but this bill would prevent that. This is a store that would have approximately 100 jobs, and although only a few of these exist nationally, Amazon has made a recent announcement that they're expecting to have 300 of these Amazon Go stores in the next few years. They explicitly told our Commerce Department that this bill would preclude them from coming. Chains like Sweetgreen and Bluestone Lane may not open any more stores here and could potentially decide to leave, losing jobs. Other chains are Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING experimenting this concept nationwide and may choose to pursue it and not expand in Philadelphia. For businesses that value innovation and technology, Philadelphia may not look as attractive. We may be able to estimate the impact of not bringing Amazon Go here, but we can only guess how many other businesses may not expand. Cash businesses historically do not report all of their sales. We will experience a loss of revenue through unreported income. Store owners who accept cash seem to have a nightly shortage due to cash errors that occur just from making change. And on the flip side, Sweetgreen and Bluestone reported higher sales and profits because of this model, which theoretically could have a small positive impact on the City's sales tax. It's the cash-only stores in the City that really are the challenge to ensure all taxes owed to the City are Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING paid to the City. We want everyone to pay their fair share, which then lowers the overall burden. Cashless business operators state that not having cash on site reduces the incidence of armed robberies and ensures a safer environment for patrons and employees. A reduction in crime is a major benefit to all of us. I also do not believe that government should dictate how entrepreneurs have to operate their business. Long term the core of this issue for us is to start teaching financial literacy pre-K to 12 and teaching everywhere in Philadelphia. And while I do understand and I would like to see the people who don't have credit cards be able to shop there, I'm trying to figure out if there is some middle ground that we could achieve. I totally understand all the issues and I have empathy for the issues, but I'm concerned about the loss of Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING business taxes for the City, jobs, and the messaging it sends.
I'm open to an amendment or adjustments, but I just would like to see some sort of compromise, if that's possible. Thank you, Mr. President.
Thank you, Councilman. The Chair recognizes Councilwoman Reynolds Brown.
Thank you, Mr. President, and good morning again. Councilman Domb's comments as given through a business lens are, in my view not being a businesswoman in the purest sense of the word, are well taken and I would not doubt at all that they're not true. On the flip side of that, three things. One, Councilwoman Sanchez often reminds us that we as elected officials should always strike the delicate balance. The decisions we make should not be an either/or. The decisions we Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING make on a regular basis and the challenge for us is how we get to an "and." That's number one. Number two, we are the largest, biggest poorest city in the country with a 26 percent poverty rate, which continues to be a noose around our necks, and when we are elected to serve others, that means that we have to look out for the least of these. And knowing that we have the largest poverty rate in the country, that fact compels me to look out for the least of these, who, quite frankly, can't get a credit card. They're worried about finding the cash, getting the cash so that they can feed their families. And so while we should be cognizant of large businesses that want to come to Philadelphia, I care -- I'd rather not have you if you're not going to be with us to take care of people who can't take care of themselves. I think it's a brilliant idea. Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING I was thrilled to watch the story on CBS this morning with Gayle King, my favorite anchor in the world. And so I applaud Councilman Bill Greenlee for again being consistent with his legislative record to look out for the least of these, those who can't afford a business card, those who cannot afford a credit card, period. I rest my case there. Thank you, Mr. President.
Thank you, Councilwoman. The Chair recognizes Councilman Jones.
Thank you, Mr. President. I've only missed in my tenure here two Council sessions. One of them was in my second term and the other was last week due to my brother. I will never miss another Council session, God willing, because in my absence, my good colleague, Councilman Greenlee, decided not to run again. So I guess because I wasn't here, he made that decision. Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING But I'm here for you now, Brother. And I want to say that throughout my history dealing with him, he has usually, if not 100 percent of the time, 99 percent of the time, been on the right side of the issue and, that is, the least of thee, the least of thee. And when we talk about the impoverished, I think of one of my aunts, who will remain nameless, because she got mad at me because I shouted her out and she actually watches these things. She keeps her cash still in a napkin or a -- what is it, a handkerchief that she ties up and keeps in a special place, and she does not trust banks. She does not trust MAC cards. She checks everything twice on receipts, and she is not where my colleague is. And what the compromise for me is not now. I didn't say not ever, but not now. Until we catch up with the economy and the vast majority of people Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING are working and working in a system where they can afford to have a bank account and a credit card, then we can reconsider this, but until they're there, it matters to me. And, you know, if I got -- she may be, but she's mine, and I want to make sure that she is as comfortable as the new people that have chosen the path of plastic when she goes to the store and doesn't have to walk an extra two blocks because she chose the legal tender of this country. So I will be supporting my colleague's bill. Thank you, Mr. President.
Thank you, Councilman. The Chair recognizes Councilman Greenlee.
Thank you, Mr. President. Very quickly. And, Councilman Jones, you were right. You couldn't talk me out of not running, so I figured let me do this before you try to change my mind. Okay? Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING So I appreciate that. But I just want to say quickly, I understand where Councilman Domb is coming from, and he talked about a middle ground. We did try to find middle ground here. We have a number of exceptions in the bill. We tried to work with groups like Amazon to try to, as best as possible, address their needs. I will say, though, just saying "if you do this, we will not come" doesn't work for me, you know. Let's talk and try to work stuff out, but just don't threaten us. That doesn't work for me. So in any event, I think this is a reasonable bill. There could be a time in the future, as a couple of the members have said, where we don't need it. I think we need it now. I think we need to be fair to everybody, and we don't need to send the message that your business is not welcome here. Thank you, Mr. President.
Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING Thank you, Councilman. The Chair recognizes Councilwoman Parker.
Thank you, Mr. President. First, let me start by thanking my colleague Councilman Bill Greenlee for whom I have a great deal of respect. Your track record in doing your best to ensure that you proffer legislation that would benefit the least of thee has been unquestioned and unrivaled, and I want to thank you for that. I also appreciate, Councilman Greenlee, your comments about the percentage of Philadelphians who are unbanked. And, Councilman Jones, you just gave me a flashback when you talked about that, what do you call it, the handkerchief. It was a handkerchief for my grandmother, and she really did roll it up and she would pin it and stick it somewhere. So like I really do get it. Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING But I want to just note for the record that I will be voting no on this legislation and I do so because I represent a neighborhood that is 95 percent deemed a middle neighborhood, Mr. President. And just for the record, for those of you who are not familiar with the Ninth Councilmanic District, Cheltenham Avenue is the dividing line between Philadelphia and Montgomery County. With Enon Tabernacle Baptist Church there, the largest Baptist church in the Commonwealth of Pennsylvania, we've seen an influx of new growth and new development in Cheltenham Mall and Cedarbrook Mall, and I am grateful for it all, because our people, although it's Montgomery County, I constantly remind those who represent the county that this is a regional economy and Philadelphia helps keep those malls alive. However, what often gets lost in the discussion is that Wadsworth Avenue, Ogontz Avenue, Stenton Avenue, Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING Old York Road, Rising Sun, and 5th Street, they are trying to compete with those malls. In addition to that, when I got elected in 2015, my first order of business after getting reacquainted with this district was to make sure we secured funding to get a study done of commercial corridors throughout the Ninth Councilmanic District on the number of vacancies, the types of businesses, and what we could do to physically enhance the aesthetic appeal. With that being said, I went to the Greater Philadelphia Chamber of Commerce and I told them, I think you guys should do a better job of encouraging new retailers to move out of Center City and into the veins and on the hearts of our neighborhood commercial corridors where we are bleeding, because our small neighborhood-based businesses are trying to compete with Walmart and the others who are in those malls. Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING And so while I understand the inequity associated with those who are banked and those who are not, at the same time I'm thinking about the number of vacancies that are on those corridors, and what I would much rather do is get those businesses who may have this model, get them to agree to open up some stores in some of our neighborhoods and let them see through the traffic, from actual consumer foot traffic, that there are a number of people who come into those stores and who want to patronize them, but they don't because their model was flawed because they don't accept cash. So I'd rather get the owner to relocate. Locate in my district, open up the business, see how well you're doing with your model. Then I want you to see how much you're losing because you're not accepting cash. Because, Mr. President, quite frankly, I don't have the luxury that some of my colleagues have who are in Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING these sexy neighborhoods where new businesses are coming in and they're banging down the doors to get every little swath of land that they can get. No. It's the other way for us. We're trying to encourage people to come, and I don't have the luxury to say this model won't work for my neighborhood. I need to get them there first.
And I want to again say to my colleague Councilman Greenlee, respect you, respect your work, respect the intent of this bill, but for the reasons I just noted, I will be voting nay. Thank you.
I just want to back up what my colleague Councilwoman Parker said, and this study may not be -it's out there. It came out in December. It's actually about the beverage tax, and I think it's a learning lesson for us. Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING And I voted for the beverage tax, but the lesson that came out from three economists, MIT, University of Michigan, the University of Wisconsin, they did an independent study, not from the beverage, not from the Administration. The study showed 42 percent of the sales lost in the City were recaptured within zero to six miles of the City line and the suburbs. No change past six miles, but that 42 percent that we lost in the City was recaptured zero to six miles outside of the City. And so my point is that I just would like us -- if this was a statewide bill, I'd have a different opinion, but when we pass bills that are specific to the City, it does hurt those neighborhoods on the borders of our city. Thank you, Mr. President.
Thank you. The Chair recognizes Councilwoman Quinones-Sanchez. Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING
Thank you. Again, as a lead co-sponsor with Councilman Greenlee of this legislation, I think all of us agree here in the City of Philadelphia that we want businesses and we want small businesses, but we also want to send a message to businesses that are locating in any part of the City of Philadelphia that they are here to serve everyone. And so sometimes unintended consequences by business models need to be revisited around who they're excluding, particularly when you have certain product lines. I remind folks that it is the poverty rate of the City of Philadelphia that determines the rate of federal contributions to the City of Philadelphia to build out the infrastructure that will now allow us to have these choice neighborhoods. Poor people help subsidize and build the core of this city, and they deserve to be able to go to any part of the City and consume at Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING any given time. I do think that all business models evolve, and we should spend as much time pushing back -- we haven't had a good pushback on banks since the Councilwoman here back here -- about how do we get that unbanked population access to products. I know Councilman Green had hearings on a municipal bank. The fact of the matter is that we're going to always have people challenged around this banking, whether it's because of our lack of immigration situation, and we want businesses to share our core values, that despite our poverty rate, we are a city of neighborhoods and we want everyone to have access to every single neighborhood. We are open. As Councilman Greenlee and I contemplated this, we were open. We listened to the Amazon Prime and all of those other models, and this is not the end of a discussion. We are open as these models evolve and people Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING look to locate around the City what we can do to ensure that it is not discriminatory. The other thing I like about this bill is that the Human Relations Commission, Rue Landau, who is a very good friend of mine, is going to help us promulgate regulations and policies around how we implement it. A lot of this is not the legislation, but how we operationalize it. And guess what? I have a lot of faith in Rue that she's going to give us some really good recommendations and a guideline to implement this right, and if businesses do come forward and legitimately can show us that they don't discriminate, we had a conversation around memberships and the Costcos and all of those things. So it's never an end to a discussion in this legislative body. It is always a continuation and putting a pause button when we see something that could send the wrong message to the Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING people that we are sent here to serve. So I'm very proud to support this. This is not an end of the conversation. And Councilman Greenlee may not be here next year, but I intend to be here next year and will continue to be open about other improvements to it. Thank you, Mr. President.
Thank you, Councilwoman. That appears to conclude the conversation. So this bill has been heard on two separate days. The question is shall the bill pass finally. Mr. Decker, call the roll.
Councilman Green. Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING
Aye. Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING
Aye. The ayes are 12; the nays are four. A majority of members present voting in the affirmative, the bill passes. Mr. Decker, 190007.
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to The Philadelphia Home Rule Charter establishing and defining the responsibilities of the Office of Immigrant Affairs; fixing the date of a special election for such purpose; prescribing the form of ballot question Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING to be voted on; and authorizing the appropriate officers to publish notice and to make arrangements for the special election.
This bill has been heard on two separate days. The question is shall the bill pass finally. Mr. Decker, call the roll.
Aye. Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING
Aye. Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING
Aye. The ayes are 16; the nays are zero. A majority of members present voting in the affirmative, the bill passes. Mr. Decker, do you have any additional resolutions?
A resolution Celebrating the Selection of Jesmyn Ward's Sing, Unburied, Sing for the 2019 "One Book, One Philadelphia" Program, introduced by Councilman Greenlee on behalf of Councilwoman Reynolds Brown.
The Chair recognizes Councilwoman Reynolds Brown.
It's been moved and properly seconded. All those in favor say aye. Stated Meeting February 14, 2019 2/14/19 - STATED - 2ND READING (Aye.)
And a resolution authorizing Council's Committee on Public Safety to hold hearings to examine the state of Philadelphia's EMS system and the areas where additional support is needed to ensure that the Philadelphia Fire Department is equipped with the necessary tools to perform their job, introduced by Councilman Henon.
I move for the adoption of the resolution. (Duly seconded.)