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Minutes

Stated Meeting, March 11, 2021

Philadelphia City CouncilMar 11, 2021

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Council President Clarke

Thank you so much for your testimony. We appreciate it. Stated Meeting March 11, 2021

Chief Clerk

The next speaker is Latisha Swans.

Council President Clarke

Good morning.

Ms. Swans

Good morning. Hello. I am calling in representation of West Philadelphia Achievement Charter School. For the past ten years, three of my sons, Bennie, Nigel, and Juwan (ph) Swans, have all attended this school. This school has been magnificent for them. It has helped my children go into college. One of my sons is now attending college. One of my sons is now going over to William Penn Charter School. He's just been accepted with almost a full scholarship. This school has meant a lot to me as a mother of four boys. It has really increased the culture of the community of Black Lives Matter movement. It has really showed my boys what it is to be a man and to have male mentors, black men lead my children, give my Stated Meeting March 11, 2021 children direct assistance, give my children direct leadership, open-door policies. The kids at the school, the teachers know my children directly. They know them individually. They have cared for my children throughout their educational experiences here. It has been the best thing I've ever did for my children, putting them in this school. It has also helped continue the legacy of their grandfather, Bennie Jewell Swans Jr., who is a Philadelphia legend, gang war hero. One of the things I want to kind of leave with before I leave this phone conversation and representation of how great this school has been for my children and family is that every child deserves a champion in adults who will never give up on them, who understand the power of connection and insist that they become the best that they can be, and this school has been that and more. Stated Meeting March 11, 2021 Thank you very much for having this school in the West Philadelphia community for all black lives and the whole entire environment that the school has touched and the children and the people and the faces of the black community. Thank you so much, and have a great day.

Council President Clarke

Thank you. Ms. Swans, just say your name for the record. Just state your name.

Ms. Swans

Latisha Brown Swans.

Council President Clarke

Thank you. Appreciate your testimony.

Chief Clerk

The next speaker is Nicole Brown.

Council President Clarke

Yes. Just state your name for the record and proceed with your testimony, please.

Ms. Brown

Good morning. My name is Nicole Brown, and thank you all Stated Meeting March 11, 2021 for having me. I want to thank Councilman Thomas and City Council for this initiative and bringing light to this vital topic. When I think of black-founded and led schools, it is very reminiscent of the establishment of historically black colleges and universities. They are both meant to serve the needs of African American populations, in which they have excelled beyond measure. It is still the same today where our children are denied access to opportunities and additional resources. For this reason, I celebrate and support black-led schools such as Universal Institute Charter School for their overwhelming drive to ensure that our children have what they need. They provide successful images of what it means to be black and successful. They provide successful images that black people can excel despite any disparities. Black-led schools are vital to Stated Meeting March 11, 2021 our children's success because they foster a positive sense of community, culture, and high academic standards. Black students do well when they feel supported and can identify with their educators. They have the rest of their life to be a minority, so it is very important that they be a majority in a high-achieving black school. And I celebrate UICS because my daughter, she was accepted to all her high schools that she chose and she was able to maintain a 4.0 GPA since kindergarten at this school. And I have two black sons, and they are supported and they are valued, and I wouldn't have my children in any other school, and that is why it is important to have schools such as UICS and other black-led schools. And, again, thank you. My name is Nicole Brown.

Council President Clarke

Thank you. Thank you so much for your testimony. We appreciate it. Stated Meeting March 11, 2021

Chief Clerk

Diane Corvin-Levy. COUNCIL SUPPORT: She is not on the line.

Chief Clerk

Saqib Bhatti.

Mr. Bhatti

Yes. Hello.

Council President Clarke

Good morning.

Mr. Bhatti

Good morning, Council President.

Council President Clarke

Just state your name for the record and proceed with your testimony, please.

Mr. Bhatti

Yes. Good morning, Council President Clarke and members of the City Council. My name is Saqib Bhatti. I'm the Co-Executive Director of the Action Center on Race and the Economy, or ACRE. Thank you to Councilmember Kendra Brooks for inviting me here to speak and for her leadership on the Cancel Wall Street resolution that's ultimately about winning more money to invest in public services and Stated Meeting March 11, 2021 stopping Wall Street from profiting from our communities. I strongly support this resolution. Across the country Wall Street makes $161 billion of interest payments on municipal debt. Here in Philadelphia, every year the City spends more than $245 million a year in interest payments to Wall Street investors, and the School District spends $145 million a year. The way we currently finance our government does not make any sense. Even though municipal borrowers have a default rate of less than 0.2 percent, we're forced to pay a dollar in interest for every dollar that we borrow. Furthermore, cities with higher concentrations of people of color like Philadelphia are forced to pay even more. Banks already make money by discriminating against us, foreclosing on us, nickel-and-diming us with fees, investing in private prisons to lock us up, financing fossil fuel infrastructure Stated Meeting March 11, 2021 that's polluting our communities, and selling us predatory products. They shouldn't be able to profit from redlining our state and local governments too. Already Philadelphia has been leading the country in work to create a public bank so that we can keep our money here locally. There's more to be done to ensure that we can invest in public services like schools, healthcare, transit, and more. There is no reason for us to pay so much to Wall Street when our fellow government owns a bank. We need the Federal Reserve to call for long-term, zero-cost loans to all cities, states, and school districts, which is fully in the purview of the Federal Reserve. And so that's why we're asking Philadelphia to join cities like Los Angeles to call -- to pass this resolution calling on the fed to offer these loans so that we can keep our money Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING in our communities where they can fund essential services. Thank you.

Council President Clarke

Thank you. Thank you so much for your testimony. Appreciate it.

Chief Clerk

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

Council President Clarke

Thank you, Mr. Decker. That concludes our public comment session. We will now consider the bills and resolutions on the Second Reading and Final Passage Calendar. Mr. Decker, please read the title of Resolution No. 210183.

Chief Clerk

A resolution congratulating Bernard W. Smalley for being named President of the Board of Directors of City Trusts, making him the first Black President in the board's 151 year history.

Council President Clarke

Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING Thank you. The Chair recognizes Councilwoman Parker for a motion.

Councilwoman Parker

Thank you, Mr. President. Mr. President, before I call for the motion, I just want to note for the record that in 1990, Mr. President, I was a senior in high school and I got an opportunity to intern in the office of my mother mentor teacher, Marian Tasco, and worked closely with my other mother mentor, Augusta Clark, and it was because of -COUNCIL SUPPORT: I'm sorry, Councilwoman. I just got notified Channel 64 has lost their feed, so we're going to need a moment so they can bring the system back up, please.

Council President Clarke

Okay.

Councilwoman Parker

Thank you so much.

Council President Clarke

Thank you. Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING COUNCIL SUPPORT: Sorry for the inconvenience.

Council President Clarke

No problem. (Brief pause.)

Council President Clarke

Thank you. Thank you very much. We had a slight technical glitch, but we are now live. I want to thank you very much for your patience. So, Mr. Decker, I'm going to ask you to start over by reading Resolution No. 210183.

Chief Clerk

A resolution congratulating Bernard W. Smalley for being named President of the Board of Directors of City Trusts, making him the first Black President in the board's 151 year history.

Council President Clarke

And the Chair recognizes Councilwoman Parker.

Councilwoman Parker

Thank you, Mr. President. Mr. President, before I call for the adoption of the Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING resolution, I just wanted to note for the record that in 1990 when I was in high school, I had the opportunity to intern with my mother mentor, Councilwoman Marian Tasco, and my other mother mentor, Councilwoman Augusta Clark. And I was telling someone the other day it was only because they let me be around that I had an opportunity to meet some of the really historic game-changers in the City of Philadelphia from all walks of life but particularly in the African American community. And when I think about some of the legal beagles, I think about the late, great Charles Bowser. I think about the late, great Obra Kernodle, and of course our very own Bernard Smalley, Bernie Smalley as he is affectionately called by all of us. Now, I do have to note for the record that when we had our technical difficulties, our Whip from the mighty, mighty Fourth Councilmanic District representing West Philadelphia, you know, Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING reminded us that Charles Bowser and Bernard Smalley hail from West Philadelphia. All credit and humble respect given, Whip Jones. And Obra Kernodle hailed from our Mount Airy. But it is with this spirit in mind that we just wanted to take an opportunity to congratulate you, Bernie, to tell you that we appreciate all that you have contributed to the Philadelphia community over the years, and that it's because people like you, Charles Bowser and Obra Kernodle sought to share some of your legal prowess and success in trying to motivate, inspire, encourage young people and to close the gap between the have's and the have not's that we are a much better city for it. And to Jackie Smalley, Jackie, thank you for sharing Bernie with us all. And it's with that spirit in mind, Mr. President, that I move for the Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING adoption of the resolution.

Councilman Green

Council President? (Duly seconded.)

Council President Clarke

Thank you. The Chair recognizes Councilman Green. Shall I say one of the newest members of the Board of City Trusts.

Councilman Green

Yes. In conjunction with my colleague Councilmember Mark Squilla is also part of the Board of City Trusts and West Philadelphians, proud both Councilmembers Gilmore Richardson and Councilman Jones, who always says west is best, I'd like to second Councilmember Parker's resolution.

Council President Clarke

Thank you. It's been moved and enthusiastically seconded the resolution be adopted. All in favor indicate by saying aye. (Aye.) Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING

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. 210184.

Chief Clerk

A resolution remembering Henrietta Lacks and honoring her contribution to modern medicine, including the development of COVID-19 vaccines.

Council President Clarke

The Chair again recognizes Councilwoman Parker.

Councilwoman Parker

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

Council President Clarke

Thank you. It's been moved and properly seconded. All those in favor indicate by Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING saying aye. (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and that resolution is adopted. The Chair recognizes Councilwoman Quinones-Sanchez.

Councilwoman Sanchez

Thank you, Mr. President. I'm going to request a leave to do Council business, but I wanted to be recorded aye on all bills and resolutions. Thank you.

Council President Clarke

Thank you, Councilwoman. I do believe we have an amendment also coming up on the Calendar today. You just want to be recorded aye on the amendment?

Councilwoman Sanchez

Yes.

Council President Clarke

Thank you. Councilwoman, thank you. Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING Let the record reflect Councilwoman's leave of absence. She has left her vote as aye on all bills, resolutions, and amendments. Thank you, Councilwoman. Mr. Decker, please read the title of 210185.

Chief Clerk

A resolution commending and recognizing Michael Hand on the occasion of his retirement from his outstanding career with the Eastern Atlantic States Regional Council of Carpenters and his service to the Philadelphia community.

Council President Clarke

The Chair recognizes Councilwoman Parker.

Councilwoman Parker

Thank you, Mr. President. And, Mr. President, before I move for the adoption of this resolution, I formally wanted to take this opportunity to congratulate Mike Hand, who is a 35-year member of the United Brotherhood of Carpenters and Joiners of America. I met Mike Hand Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING formally, Mr. President, in my role here in City Council as a legislator. So it was sort of legislator just interacting with a member of labor. I would argue to you, Mr. President, and our colleagues and the public that out of that grew a friendship when Mike Hand began to talk about what life was like growing up in the City of Philadelphia in the Fishtown, the working-class Fishtown community that he was reared in. And for those of you who really know Philadelphia, Mike would call it Flat Iron, and you know what that means. So he would call it Flat Iron, and I said, wow. We talked about Mantua, Mr. President, and 31st and York, 11th and Indiana, and top side West Oak Lane, 19th and Cheltenham. But we also had tough conversations about the history in some of those communities and who was allowed to go where and do what. And then we talked about the beauty in those neighborhoods and the sense of community Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING and that residents and neighbors took care of each other and the power of little leagues and all of those athletic associations and how folks were just neighborly. It's with that spirit in mind that I want to say to you, Mike Hand, thank you for your contributions to our city. Now that you will be formally retired from your carpenter duties, I want you to know that I will continue to rely on you for our grassroots community activism and organizing. Mr. President, what people don't see behind the scenes is that when we Councilmembers get calls from constituents to do things like put a ramp up for someone who is physically disabled but they don't have the money to do it themselves, to go fix something in someone's house and they don't have homeowners insurance and you need it done, every time we've called on you, Mike Hand, you've always responded in the Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING affirmative. I don't care if it was Vernon Road, Ogontz Avenue. You've been there, and we will continue to rely on you to help us solve many of the challenges facing our communities. And thank you for being authentic while doing it in everything you did. No one saw most of it on social media because you would simply give the word to get the work done, and the next thing people would know, the work would be fixed. So thank you for being authentic. And with that, Mr. President, I move for the adoption of the resolution. (Duly seconded.)

Council President Clarke

Okay. We should call for the -

Councilman Henon

Council President?

Council President Clarke

I got you, Councilman.

Councilman Henon

Yes. Thank you, Council President. I'd like to add Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING a little bit with our Majority Leader Councilmember Parker had just stated on Michael Hand's contributions to Philadelphia, Michael Hand's character as an individual. I've known Mike for 25, almost 30 years. I guess it's starting to show my age. So he has been nothing but a contributor, a fighter, and a defender for people in this city, emerging contractors, making sure that the Carpenters Union is reflective of the City of Philadelphia in every aspect, at every level, giving people the opportunities, giving people the chance to have a career, giving people the chance by leadership in giving back to the communities, as Councilmember Parker was talking about, whether it's veterans, whether it's people of low income, people who suffered a tragic situation, with rebuilding parts of their house and accommodating for handicap accessible ramps and combinations in their homes so Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING they can live and remain in their place of domicile in the City of Philadelphia. Yes, he is -- we're an alum of the same high school. He's from Fishtown. They call it now Port Fishington in some locations, which would drive him crazy, because we are a city of neighborhoods, and Fishtown is Fishtown, and that's how he is, and he doesn't forget his roots in the City of Philadelphia. But he has represented people for his entire career. So I want to thank him for doing so, wish him the best of luck and continued success as a former employee of the Carpenters but as a person of the City of Philadelphia who constantly gives back. And I want to thank Councilmember Parker for allowing me to share in his honor here with this resolution. So, Michael Hand, congratulations, and thank you for all your work.

Council President Clarke

Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING Thank you, Councilman. It's been moved and properly seconded. All in favor of the resolution? (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and that resolution is adopted. Thank you very much. Mr. Decker, please read the title of Resolution No. 210186.

Chief Clerk

A resolution recognizing and supporting the accomplishments of women and girls throughout history on the occasion of Women's History Month.

Council President Clarke

The Chair recognizes Councilwoman Gilmore Richardson for a motion.

Councilwoman Richardson

Thank you, Mr. President. I move the adoption of the resolution. Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING (Duly seconded.)

Council President Clarke

Thank you. It's been moved and properly seconded. 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 210187.

Chief Clerk

A resolution recognizing the Women's March on Philadelphia during Women's History Month 2021 and the organizers who hosted 4 consecutive marches from 2017 through 2020.

Council President Clarke

The Chair again recognizes Councilwoman Gilmore Richardson for a motion. Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING

Councilwoman Richardson

Thank you, Mr. President. Before I offer the motion, I wanted to again thank you and all of my colleagues who co-sponsored this resolution recognizing the tireless efforts of the women who organized the Women's March here in Philadelphia for four years, from 2017 through 2020, and I just wanted to call them and mention them by name. I think it's important to speak their names and all the work they have done over the last few years on the march. So Nikki Bagby, Beth Finn, Amy Martin, Deja Lynn Alvarez, Laura, Ali Larter, Salima Suswell, Serita Lewis, Bridget Gill, and Vicki Landers. On behalf of my colleagues and I, we say thank you for your tireless efforts. And with that, Council President, we move for the adoption of the resolution. (Duly seconded.)

Council President Clarke

Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING Thank you. It has been moved and properly seconded. 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 Resolution No. 210188.

Chief Clerk

A resolution also naming the 2200 block of North Salford as "Geo L. Myers Way," in honor of George Linwood Myers III, to commemorate his legacy and long-time dedication to various Philadelphia organizations and as an advocate of vulnerable populations.

Council President Clarke

Thank you. The Chair recognizes Councilman Jones for a motion. Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING

Councilman Jones

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

Council President Clarke

Thank you. It has been moved and properly seconded that 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, 210189.

Chief Clerk

A resolution recognizing Rochelle "Chellie" Cameron on the occasion of her appointment as chair of the U.S. Policy Council for Airports Council International.

Council President Clarke

Thank you. Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING The Chair recognizes Councilman Johnson for a motion.

Councilman Johnson

Thank you, 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 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, 210190.

Chief Clerk

A resolution urging the U.S. Congress to pass Senate Bill 475 and House Resolution 1320, which designate Juneteenth as a national holiday.

Council President Clarke

Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING Thank you. The Chair again recognizes Councilman Johnson for a motion. (No response.)

Council President Clarke

Councilman Johnson?

Councilwoman Parker

Thank you, Mr. President. On behalf of Councilman Johnson, I move for the adoption of the resolution. (Duly seconded.)

Council President Clarke

Thank you. 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, Resolution No. Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING 210192.

Chief Clerk

A resolution calling on the Federal Reserve Bank of the United States to offer long-term loans with terms of up to 30 years to meet the borrowing needs of state and local governments and government units in the United States without charging any interest or fees, and urging the City Treasurer's Office to enter into conversations with the financial institutions underwriting the City's bonds to negotiate long-term loans with terms of up to 30 years to meet the City's borrowing needs without charging any interest or fees.

Council President Clarke

Thank you. The Chair recognizes Councilmember Brooks.

Councilwoman Brooks

Thank you. Thank you, Council President. I move for the adoption of the resolution. (Duly seconded.) Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING

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, in spite of the banking conspiracy to author the resolution. Thank you, Councilwoman. Mr. Decker, please read the title of Resolution No. 210194.

Chief Clerk

A resolution honoring the athletes of the class of 2020 for their incomplete seasons and shortened high school athletic career due to the COVID-19 pandemic. (Council President Clarke lost connection.)

Councilman Squilla

Thank you, Mr. President. I move for the adoption Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING of the resolution. (Duly seconded.)

Councilwoman Parker

I'm sorry. Mr. President, were you still on 210194?

Councilman Johnson

He's frozen.

Councilman Squilla

Is that 194 or 196? I'm sorry.

Councilwoman Parker

No problem, Councilman Squilla. The Chair recognizes Councilman Thomas for a motion on the resolution.

Councilman Thomas

Thank you, Madam Chair. I move for the adoption of the resolution. (Duly seconded.)

Councilwoman Parker

It's been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. (Aye.)

Councilwoman Parker

Those Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING opposed? (No response.)

Councilwoman Parker

The ayes have it, and the resolution is adopted. The Clerk will please read -

Councilman Johnson

Madam Leader?

Councilwoman Parker

Yes. The Chair recognizes Councilmember Johnson.

Councilman Johnson

Thank you, Madam Leader. I had a little technical difficulty. I just want to thank you for the introduction of the resolution. Thank you very much.

Councilwoman Parker

Sure. Thank you, Councilmember Johnson. Will the Clerk please read the title of Resolution No. 210196.

Chief Clerk

A resolution authorizing the Philadelphia Land Bank to dispose of 538 Dudley, 639 Cantrell, 2842 through 44 and 2846 Tulip Street located in the 1st Councilmanic District.

Councilwoman Parker

The Chair Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING thanks the Clerk. The Chair recognizes Councilman Squilla for a motion on the resolution.

Councilman Squilla

Thank you, Madam Chair. I move for the adoption of the resolution. (Duly seconded.)

Councilwoman Parker

It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. (Aye.)

Councilwoman Parker

Those opposed? (No response.)

Councilwoman Parker

The ayes have it, and the resolution is adopted. Will the Clerk please read the title of Resolution No. 210200.

Chief Clerk

A resolution recognizing March 8, 2021 as International Women's Day to raise awareness of the adverse oppression and Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING inequities that women have experienced and continue to experience globally; and to celebrate the achievements of women around the world and campaign for positive change.

Councilwoman Parker

The Chair recognizes Councilwoman Bass for a motion on the resolution.

Councilwoman Bass

Thank you, Madam Chair. I move for the adoption of the resolution. (Duly seconded.)

Councilwoman Parker

It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. (Aye.)

Councilwoman Parker

Those opposed? (No response.)

Councilwoman Parker

The ayes have it, and the resolution is adopted. And our President is no longer Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING frozen.

Councilman Jones

You're on mute.

Councilwoman Parker

Come off of mute, Mr. Pres.

Council President Clarke

Thank you, Councilwoman. That's what I get for talking about conspiracy. I will never say that again. Councilwoman, where did you leave off?

Councilwoman Parker

I left you, Mr. President, on Bill No. 200618.

Council President Clarke

Boy, these guys are good. I'll keep my mouth shut from now on. Okay. Thank you, Councilwoman. Thank you, Leader. Mr. Decker, please read the title of Bill No. 200618.

Chief Clerk

An ordinance amending Chapter 9-4200 of The Philadelphia Code, entitled "Donation Bins," to modify the locations at which donation bins shall be permitted. Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING

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.

Councilwoman Bass

Aye.

Chief Clerk

Councilwoman Brooks.

Councilwoman Brooks

Aye.

Chief Clerk

Councilman Domb.

Councilman Domb

Aye.

Chief Clerk

Councilwoman Gauthier.

Councilwoman Gauthier

Aye.

Chief Clerk

Councilwoman Gilmore Richardson.

Councilwoman Richardson

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilwoman Gym is voting aye. Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING Councilman Henon. (No response.)

Chief Clerk

Councilman Johnson.

Councilman Johnson

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Oh.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Parker.

Councilwoman Parker

Aye.

Chief Clerk

Councilwoman Quinones-Sanchez is voting aye. Councilman Squilla.

Councilman Squilla

Aye.

Chief Clerk

Councilman Thomas.

Councilman Thomas

Aye.

Chief Clerk

Council President Clarke. Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING

Council President Clarke

Aye. The ayes are 16; the nays are zero. A majority of all members -

Councilman Henon

Council President Clarke, this is Councilman Henon. I'd like to be recorded as aye. I apologize for the delay.

Council President Clarke

No problem, sir. Thank you. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. Mr. Decker, please read the title of Bill No. 210122.

Chief Clerk

An ordinance amending Section 9-4116 of The Philadelphia Code, entitled "Public Health Emergency Leave," to establish leave time for public health emergencies, and modify existing provisions concerning the paid sick leave, and make technical changes.

Council President Clarke

Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING Thank you. The Chair recognizes Councilman Domb, I believe, had a question on the amendment.

Councilman Domb

Thank you, Council President. I do have three questions for the sponsor, Councilmember Brooks, about the amendments and this bill for clarity of the record. So I'll just go through each question one at a time. So can you explain why you included and then removed the language that allows employers who are eligible for federal tax reimbursements when provided emergency leave that's called for in this legislation? I think it's important for the public to understand your position on this point and the impact it has on employers that federal tax reimbursements expire before the emergency order is lifted.

Councilwoman Brooks

Thank you, Councilmember. Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING Council President, I would like to address the amendments that I sent around today and the clarification that I sent around this morning at the beginning of Council sessions, and hopefully they'll answer Councilmember Domb's questions, and if not, I will proceed to answer his questions following that.

Councilman Domb

Can I give you the other two questions so you have them all together?

Councilwoman Brooks

Sure.

Councilman Domb

The other question I had was the rationale for the 160-hour threshold for paid time off, PTO. I've heard various iterations of 120, 160, 180 days that were floated, so I'm just wondering what the conversations were among the various groups you spoke to and what the advantages or disadvantages are for the various number of hours. It seems that other than having an impact on the very large corporations here in Philadelphia, which Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING are fewer than we'd like, this might hurt some growth industry businesses who can't afford this right now, like businesses that are close to the margin with like 501 employees. Can you walk through the thought process on this and the cost for some of these types of growing. And the last question was, I wanted to make sure I understand correctly that the City is subject to the requirements of this bill, and I wanted to get a confirmation on that. That will be it. Thanks.

Councilwoman Brooks

Okay. So I'll start with the tax breaks. Just as our previous version of the public health emergency leave, if a business with fewer than 500 employees provides leave for the reasons listed in our bill, they will qualify for a tax credit from the federal government. Our legislation was intentionally aligned with the federal reasons for leave so that businesses can Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING take advantage of the federal tax credits. We have not elected to include explicit language referencing the tax credit in this bill because there is a chance, albeit small, that tax credits may expire before the Commonwealth's emergency declaration is lifted, which would leave workers unprotected and potentially causing us to have to introduce a third public health emergency leave bail. And we already left workers unprotected for January and February and now most of March, and we can't do that again. In terms of the rationale for the 160 hours, the 160-hour threshold, we cannot require essential workers to use all of their vacation time for the year. So we negotiated with several stakeholders a reasonable number, and 160 is the number that we came with finally. Everyone may not agree with this, but we were in those negotiations with multiple Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING stakeholders. And what else? Will the City fall under this legislation? Yes. The City, like all employers with more than 50 employees, will have to comply with the requirements of this bill, and we've been in discussion with the Administration about that. Does that answer all your questions?

Councilman Domb

Yes. Thank you very much. Thank you.

Councilwoman Brooks

With that --

Councilwoman Richardson

Council President?

Council President Clarke

Yes. The Chair recognizes Councilwoman Gilmore Richardson.

Councilwoman Richardson

Thank you, but I wanted to also note for the record based on Councilmember Domb's question that I thought that the generous employer exemption that was presented Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING before dealt with the issue with the City. So I just wanted to make sure that was clear for the record.

Councilwoman Brooks

Yes.

Councilwoman Richardson

Okay.

Councilwoman Brooks

We're aligned with what was expected for the paid time off for the City. The City's employees are included.

Councilwoman Richardson

Got it. Okay. Thank you, Council President. Thank you, Councilmember Brooks.

Councilwoman Brooks

No problem.

Councilman Domb

Thank you, Councilmember Brooks.

Council President Clarke

Councilman Domb, are you good?

Councilman Domb

Yes.

Councilman Green

Council President, point of information.

Council President Clarke

Yes. Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING I'm sorry. Who was that?

Councilman Green

Councilmember Green. Point of information.

Council President Clarke

Councilman Green.

Councilman Green

I just want to get some perspective and make sure I clearly understand your response to Councilmember Domb. So you're saying that by taking out the amendment that you put in for small business supports, that does not create a conflict with the legislation at the federal level? My understanding is that -- well, let me step back. What was the reason of putting in the small business supports initially in the first amendment that you circulated?

Councilwoman Brooks

The first set of amendments that were sent out, we sent it out prematurely and we had not finalized that that was going to be an Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING amendment. That's why we sent the second version as well as the explanation along this morning. We were in consideration of it, but the fact that we were already left hanging by creating a sunset on the initial paid public health emergency leave bill and we did not want to have to go through a third round of creating this public health emergency leave, so we decided to leave it out.

Councilman Green

But wouldn't there be -- so there's not a conflict between the federal law and what's proposed under this law under the time period that the tax credits are available? Because I believe under the federal law, it talks about ten days as opposed to 80 hours. I just want to make sure that both employees as well as employers have clarity in reference to what applies.

Councilwoman Brooks

Well, it talks about two work weeks, which could be either classified as ten days or Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING 80 hours. One work week is 40 hours. So we classified it together. So I'm not understanding.

Councilman Green

Well, because my understanding -

Councilwoman Brooks

I did double check. When I say the ten days, it kind of threw me off as well, but then the realization that the language talks about ten weeks -- I'm sorry; ten days and 80 hours all equivalent to a two-week work week. So they would still be included. It's only up to a work week -I mean, the work session, which is 80 hours or ten days.

Councilman Green

So the American Rescue Plan language says 80 hours or ten days?

Councilwoman Brooks

I think -

Councilman Green

I just want to make sure that both employees and employers have proper guidance. My concern is making sure that the language Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING that's in the American Rescue Plan, we're mirroring that here at the local level, so that if I am an employer or employee, I know I'm basing it on ten days or 80 hours, because that could possibly be different, and I just want to make sure that you're saying that under the American Rescue Plan, it's saying one or the other.

Councilwoman Brooks

No. So there shouldn't be a conflict between this bill and the federal legislation. It says up to two weeks or 80 hours, and we got that information around the information that we sent linked to the IRS classification, which provides two weeks or 80 hours language as well, and it's also listed in the language that was in the e-mail sent earlier.

Councilman Green

Right. But I guess my question is, why can't we just use the exact same language from the American Rescue Plan, so that way, there's no confusion for employees or Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING employers in reference to, do I receive 80 hours and/or ten days? And if I'm an employer, I can get a tax credit for that exact same amount. I mean, just for the ease of simplicity considering that we're dealing with a lot of information with a of changes. I'm still just trying to digest all the information in the American Rescue Plan. Each day I'm learning more information. I just think for ease of getting information out for employers and employees, we use similar language that's in the American Rescue Plan. Also, I'm not sure if there's any regulations that need to be adopted to implement this proposed legislation, because there was regulations that were needed in last year's bill that expired. That's why this legislation is important to protect both employees and also employers.

Councilwoman Brooks

So from my understanding, the language is the Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING same. We just don't have an explicit reference to the tax credit for the reason that I stated earlier, and that is the only difference. And I believe that -- I'm not really sure what else to say about that. The language is the same. I just did not include the piece of reference directly to the tax credit, but it is the same and it has been verified with legal.

Councilman Green

Okay. Because it seemed like when I read the bill and then I read the amendment, it seems like the amendment is just further clarifying that those who are eligible for reimbursement through the federal tax credits are eligible for that, which kind of goes in context with your (7)(a) in reference to requiring -- to extend the federal state laws requiring employers to provide paid leave or paid sick leave related to COVID-19, they can substitute under federal or state law for its obligations in reference to -- and what Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING coincides the relevant federal state laws. So I just -- because I thought the amendment was from a clarify perspective to make sure that people understood both employees and employers that you can receive federal tax credits. So I'm still just trying to make sure that we're keeping the same language what's in the American Rescue Plan here at the local level, so that way, everything is consistent and there's not a lot of confusion and concern. So I just want to make sure I understand, you're saying that the language is exactly the same under the American Rescue Plan?

Councilwoman Brooks

Yes. The language is the same, and the links to the tax credit means that we would -- the leave could expire, and that has happened once, and we don't want it to happen again. That is the reason I did not and do not want to explicitly link the Stated Meeting March 11, 2021 3/11/21 - STATED - 2ND READING federal legislation. But the language is the same, and everyone who provides public health emergency leave and qualifies for tax credits will receive the tax credit. It's the same language.

Councilman Green

So if it's the same language, why didn't we just stick with the original amendment? Because the original amendment provides additional clarity about federal tax credits that in (7)(a) does not. So if it's the same language, I think that's -that was my assumption, that the purpose of the amendment that you circulated yesterday was to make sure that the language is mirroring the federal law to make sure that both employees and employers understood what they're able to receive under this public health emergency leave due to COVID-19.