STATED MEETING 1 3/2/2023 COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, March 2, 2023 10:34 a.m. PRESENT: COUNCIL PRESIDENT DARRELL L. CLARKE COUNCILWOMAN CINDY BASS COUNCILWOMAN KENDRA BROOKS COUNCILMAN MICHAEL DRISCOLL COUNCILWOMAN JAMIE GAUTHIER COUNCILWOMAN KATHERINE GILMORE RICHARDSON COUNCILMAN JIM HARRITY COUNCILMAN KENYATTA JOHNSON COUNCILMAN CURTIS JONES, JR. COUNCILWOMAN QUETCY LOZADA COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANTHONY PHILLIPS COUNCILMAN MARK SQUILLA COUNCILMAN ISAIAH THOMAS MICHAEL A. DECKER, CHIEF CLERK STATED MEETING 2 3/2/2023
We're going to get started now. Thank you. Can I have a little quiet, please. We're going to get started. We want to make sure we can accommodate the Mayor's address. We've established our quorum. I'd like to welcome everybody. To give our invocation this morning, the Chair recognizes Reverend Michelle Anne Simmons of Why Not Prosper, Incorporated. She is here today as the guest of Councilwoman Bass. I would ask all guests, members, and visitors to please rise. (Councilmembers, guests, and visitors rise.)
I'm so grateful and honored and have much appreciation for Councilmember Bass for STATED MEETING 3 3/2/2023 do the invocation, and I am so grateful to be here to do it. Let us look to the Lord in prayer. Dear Father God, we come to you this morning by all the names that you're known and called, giving your name glory, honor, and total praise. We come right now in this moment just appreciating you for being our strength, for being our balance, for being the way. We come confessing right now, God, that sometimes I just go through life so fast and I don't really pay you any attention. I come right now in this moment, God, just confessing that that doesn't really serve me well. I come in this right now moment, God, just confessing that I do belong to you and we belong to you. I come confessing right now, God, that without your hand and your grace and your mercy upon our work, on STATED MEETING 4 3/2/2023 minds, God, that we're just running amuck. So in this right now moment, God, we just come thanking you for this day you've made, and we will rejoice and be glad in it. You say how great it is when brethren come together in unity, and so on this day, God, we're inviting you into this Council meeting. We're inviting you into our city at large. We're lifting up our leaders, our Councilpeople, our Commissioners, God, and all of our elected officials. God, we're praying even now right now for the election at hand. We pray that your will will be done. We pray, God, that you will choose who will be our next elected officials in the leadership of this city. God, we ask that you bless our outgoing President. We ask that you bless the new Mayor coming in. We ask that you bless the new judges. STATED MEETING 5 3/2/2023 God, we need you right now to come and just do a work in the City of Philadelphia. We have made many strides and we are on our way, God, but still we're standing in the need of prayer. So on this day right here, before we have this meeting and before we have the Mayor's budget speech, we ask that you go first, God, and you figure out it all, and then, God, give us our assignments and let us work out our assignments. For, God, we pray right now that we just be able to move egos to the side and distention so that love and joy and unity and cohesion can reign. We know you can do it, God. We thank you for it now. We ask you bless us all, keep us all, as we all work for the betterment of our city and for our lives and for our families. We thank you, and we know that STATED MEETING 6 3/2/2023 just prayed is already done. It's in your name we pray, with thanksgiving. Amen. (Amen.)
Thank you. Thank you so much, Reverend. We really appreciate you being here. Council will be at ease. (Council at ease.)
Thank you and, Reverend, again, thank you so much for your spiritual guidance today. We really appreciate it. Before we get started, I would like to recognize State Representative Morgan Cephas, Philadelphia delegation. (Applause.)
I hear you all did some historical things the other day. STATED MEETING 7 3/2/2023 CEPHAS: Historical.
Awesome. Awesome. Thank you. Thank you for being here. We appreciate it. In a different capacity. Our next order of business is the approval of the Journal of the meeting of Thursday, February 23rd, 2023, and the Chair recognizes Councilwoman Bass.
Thank you, Mr. President. I move that the Journal of the meeting of Thursday, February 23rd, 2023 be approved. (Duly seconded.)
Thank you. It has been moved and properly seconded that the Journal of the meeting of Thursday, February 23rd, 2023 stand approved. All in favor indicate by saying aye. (Aye.) STATED MEETING 8 3/2/2023
The ayes have it, and that Journal is approved. And our next order of business is requests for leave of absence, and the Chair recognizes Councilman Jones.
Thank you, Mr. President. On behalf of members of Council, there is a request for leave of absence from Member Vaughn.
The Chair thanks the gentleman. Leave shall be granted to Councilmember Vaughn. And at this time, the Chair recognizes Councilman Squilla for a motion concerning certain legislative matters that may arise during the course of the Council session today that were not listed on the Calendar circulated prior to today's session. Councilman Squilla. STATED MEETING 9 3/2/2023
Thank you, Mr. President. I move that any of the following matters, if considered today, may be added to the agenda for this session of Council and, as required by law, subsequently published on an amended agenda after the consideration of those matters: resolutions authorizing hearings, amendments to bills on first reading, the reconsideration of a bill vetoed by or re-called from the Mayor, amendments to bills re-called from the Mayor, resolutions taking substantive action to be voted on in this session, a motion to withdraw a bill or resolution that is not on the Calendar, and a motion placing a bill or resolution on or returning a bill or resolution from the Suspension Calendar that is not listed on today's Calendar. The purpose of this motion is to provide the public with notice concerning possible action by Council that arose too late to be included in the STATED MEETING 10 3/2/2023 was published prior to today's session. (Duly seconded.)
Thank you. It's been moved and properly seconded that the legislative matters stated by Councilman Squilla may be added to the agenda for today, should those matters arise during the course of this Council session. All in favor indicate by saying aye. (Aye.)
The ayes have it. The motion carries. At this time, I would like to dispense with the regular order of business to recognize the many distinguished visitors other than Representative Morgan Cephas, but thank you all for being here today. We really STATED MEETING 11 3/2/2023 to see how your money is going to be spent. That is one of the most important things that this legislative body can do, is to appropriate dollars in a way that's most meaningful to move the agenda forward, particularly for the citizens of the City of Philadelphia. So I would like to thank you so much for being here. At this time, our next order of business is communications, and I would ask the Clerk to please read the messages from the Mayor and any other messages that he may have in his possession.
From the Mayor to the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on March 1, 2023, I signed all of the bills which were passed by Council at its session on February 16, 2023, and that I signed all of the bills which were passed by Council at its session on February 23, 2023. And I am transmitting for the STATED MEETING 12 3/2/2023 body a resolution providing for the approval of the Council of the City of Philadelphia of a Revised Five Year Financial Plan for the City of Philadelphia covering Fiscal Years 2024 through 2028, and incorporating Revised changes with respect to Fiscal Year 2023, which is to be submitted by the Mayor to the Pennsylvania Intergovernmental Cooperation Authority; and An ordinance to adopt a Capital Program for the six Fiscal Years 2024 through 2029 inclusive; and An ordinance to adopt a Fiscal 2024 Capital Budget; and An ordinance adopting the Operating Budget for Fiscal Year 2024; and An ordinance amending Chapter 19-1500 of The Philadelphia Code, entitled "Wage and Net Profits Tax," by revising certain tax rates; and An ordinance amending Chapter STATED MEETING 13 3/2/2023 19-2800 of The Philadelphia Code, entitled "Pennsylvania Intergovernmental Cooperation Authority Tax on Wages and Net Profits," to provide for the continuation of the tax and to make other conforming changes; and An ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled "Business Income and Receipts Taxes," by revising certain tax rates; and An ordinance authorizing transfers in appropriations for Fiscal Year 2023 from the General Fund and the Grants Revenue Fund, certain or all City offices, departments, boards and commissions, to the General Fund, the Hotel Room Rental Tax Fund and the Grants Revenue Fund, certain or all City offices, departments, boards and commissions, all under certain terms and conditions.
Thank you, Mr. Decker. STATED MEETING 14 3/2/2023 And our next order of business is the introduction of bills and resolutions. I would ask Mr. Decker to please read the title of the legislation that's being offered today by our members.
Councilwoman Gilmore Richardson offers two resolutions, a privileged resolution recognizing and supporting the accomplishments of women and girls throughout history on the occasion of Women's History Month.
And a privileged resolution Honoring and Celebrating Representative Joanna E. McClinton, Esquire on her historic election as the first Black woman and first woman Speaker of the Pennsylvania House of Representatives.
The Chair recognizes Councilwoman Gilmore STATED MEETING 15 3/2/2023 Richardson.
Thank you, Council President. Good morning, Council President and colleagues, and in the presence of our Chair of the Philadelphia delegation, State Representative Morgan Cephas, it is my absolute honor and privilege to introduce today's resolution honoring my friend, daughter of Southwest Philadelphia, lawyer, minister, glass-shattering, history-making first woman and first Black woman to serve as the Speaker of the Pennsylvania House of Representatives, our Representative, Joanna Elizabeth McClinton, Esquire. (Applause.)
Speaker McClinton is no stranger to shattering glass ceilings. In fact, it's what she does best. In 2018, she became the first STATED MEETING 16 3/2/2023 woman and first African American elected to serve as House Democratic Caucus Chair. Two years later she made history yet again by becoming the first woman elected democratic leader of our State Legislature. And just last month she became Pennsylvania's first female Majority Leader. Since 2015, Speaker McClinton has served as a strong advocate, not only for the 191st Legislative District, but on behalf of all Pennsylvanians. Her journey to public service started long before she took elected office. As an attorney, she brought her talents to the Philadelphia District Attorney's Office, the Defender Association of Philadelphia, and later as Chief Counsel to State Senator Anthony Hardy Williams. I actually first met Rep McClinton during her days as a student at La Salle University in Councilmember Bass's district. STATED MEETING 17 3/2/2023 In addition to all that she has accomplished, I am truly excited about what that means for our great city. We know there is much work to do, and working with our partners in Harrisburg, including our new Appropriations Chair, Representative Jordan Harris, I know that we will get the job done. So, colleagues, please join me and my colleague Councilmember Jamie Gauthier, who co-introduced this resolution with me, in congratulating State Representative Joanna Elizabeth McClinton, Esquire, the first woman to serve as Speaker of the Pennsylvania House of Representatives. Not only is this momentous occasion good for all of us, it is good for our city and the contributions she has made towards creating a brighter and more equitable future for all Pennsylvanians. We thank you, we appreciate you, and we congratulate you. Kudos. STATED MEETING 18 3/2/2023 (Applause.)
Thank you, Councilwoman. The Chair recognizes Councilwoman Gauthier.
Thank you, Council President. I wanted to thank Councilmember Gilmore Richardson for the opportunity to co-introduce this resolution, and I wanted to offer my own personal congratulations to Speaker McClinton. It's hard to put into words the enormous sense of pride that is felt in West and Southwest Philadelphia in particular about her ascendance to the Speaker position, and I know that that's a sense of pride that also extends throughout the City and the State. And everywhere I'm looking, I see people congratulating Speaker McClinton, and I can feel how much people are inspired. STATED MEETING 19 3/2/2023 And I think the reason why there's been such an overjoyed reaction is because this is what it feels like when someone deserves the role and the title that they get, and there's no one more deserving of this than Speaker McClinton. She puts her whole heart into her work. She brings resources, badly needed resources, into our community, and she is a member of the community through and through. And I think we all feel so proud of her because we relate to her. And so I want to just offer my sincere congratulations. Thank you so much.
Thank you, Council President. STATED MEETING 20 3/2/2023 I just want to echo the sentiments in congratulating and honoring my little sister, now Madam Speaker Joanna McClinton, and it's truly significant that she not only broke a glass ceiling but also shifted the dynamics of how the body of Harrisburg, specifically the General Assembly, will operate moving forward. Being a former member of the State House of Representatives, it's critically important to be able to have a coalition across the state as it relates to advocating for the issues and concerns of the State of Pennsylvania as well as the City of Philadelphia, and Joanna McClinton has showed she's a worthy and, most importantly, exceptionally qualified leader within that area in making sure that she's bringing everybody together and advancing the State of Pennsylvania. So I know that our Philadelphia delegation chairwoman, who is sitting here as well, knows when you have elected STATED MEETING 21 3/2/2023 an African American woman to serve the State House in the State of Pennsylvania is truly a significant and, most importantly, a big deal. So I just wanted to also put my comments on the record. I'm truly proud of the young lady that Joanna McClinton has become, just watching her grow throughout this process from wanting to run for office to now becoming Madam Speaker in the General Assembly in the State of Pennsylvania. So I just want to personally say congratulations as well.
Thank you, Councilman. The Chair recognizes Councilman Driscoll.
Thank you, Mr. President. I want to welcome Morgan Cephas, Representative, our leader of the Philadelphia delegation, my former colleague, person I sat next to for a STATED MEETING 22 3/2/2023 full term. We are so proud of you being in the majority. My only regret on Tuesday was that I wasn't a member of the General Assembly. I would have nominated Joanna McClinton and I would have voted for her, because she's going to be a tremendous leader in the House of Representatives, and colleagues here in City Council, Philadelphia will be treated with respect. Thank you, Mr. President. (Applause.)
Awesome. Look forward to that. Thank you. Thank you, Councilman. That will be on today's Calendar.
Councilman Thomas offers a privileged resolution honoring and congratulating Champions of the Week, the Julia R. Masterman Laboratory and Demonstration School's Debate Team, on STATED MEETING 23 3/2/2023 their success in the 48th University of Pennsylvania Debate Tournament.
Councilman Jones offers eight bills and three resolutions, entitled "An ordinance to adopt a Capital Program for the six Fiscal Years 2024 through 2029 inclusive." Also on behalf of Council President Clarke, an ordinance to adopt a Fiscal 2024 Capital Budget. An ordinance adopting the Operating Budget for Fiscal Year 2024. An ordinance amending Chapter 19-1500 of The Philadelphia Code, entitled "Wage and Nets Profits Tax," by revising certain tax rates. An ordinance amending Chapter 19-2800 of The Philadelphia Code, entitled "Pennsylvania Intergovernmental Cooperation Authority Tax on Wages and Net Profits," to provide for the continuation of the tax and make other STATED MEETING 24 3/2/2023 conforming changes. An ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled "Business Income and Receipts Taxes," by revising certain tax rates; and An ordinance authorizing transfers in appropriations for Fiscal Year 2023 from the General Fund and the Grants Revenue Fund, certain or all City offices, departments, boards and commissions. And on his own behalf, Councilman Jones offers an ordinance establishing a no truck parking regulation on both sides of Port Royal Avenue between Henry Avenue and Old Line Road. And on behalf of Council President Clarke...
Those eight bills will be referred to the appropriate committee.
And on behalf of STATED MEETING 25 3/2/2023 Council President Clarke, a non-privileged resolution authorizing the Philadelphia Land Bank to execute and deliver to the Philadelphia Housing Authority a deed conveying fee simple title to 800 West Cumberland Street located in the Fifth Councilmanic District.
And a non-privileged resolution providing for the approval of the Council of the City of Philadelphia of a Revised Five Year Financial Plan for the City of Philadelphia covering Fiscal Years 2024 through 2028.
And a non-privileged resolution condemning the acts of vandalism that took place at the Masjidullah Center for Human Excellence on February 24, 2023. STATED MEETING 26 3/2/2023 Mr. President, Councilman Jones would like to be recognized for a motion on this resolution.
Thank you, Mr. President. I move that the rules of Council be suspended to permit consideration of this resolution at today's session of Council. (Duly seconded.)
It's been moved and properly seconded. All in favor indicate by saying aye. (Aye.)
The ayes have it. The resolution passes. That shall be on this week's Calendar.
Councilman Johnson offers four resolutions, a STATED MEETING 27 3/2/2023 privileged resolution congratulating the Audenried High School Girls Basketball Team on winning the 2023 Public League Championship against Imhotep High School.
And a privileged resolution authorizing the Committee on Commerce and Economic Development to hold hearings regarding strategies to ignite business and job growth and to make Philadelphia a more economically competitive city.
And a privileged resolution recognizing broadcasting pioneer Patty Jackson for her induction to the Philadelphia Music Alliance Walk of Fame and congratulating Ms. Jackson for breaking new ground as the first female radio personality to be inducted to the Walk.
This STATED MEETING 28 3/2/2023 week's Calendar.
And a privileged resolution congratulating Shayla Smith, 15-year-old Audenried sophomore, for becoming the faster girls' basketball player to score 1,000 points in Public League history.
Councilwoman Brooks offers a privileged resolution recognizing the work and contributions of lifelong nurse and labor organizer Patricia (Patty) Eakin, who built worker power for the benefit of Philadelphia nurses and patients and whose leadership and mentorship has inspired generations of activists and leaders in the City of Philadelphia.
Councilman O'Neill offers, on behalf of Council President Clarke, a resolution STATED MEETING 29 3/2/2023 authorizing and ratifying Council President Clarke's appeal, on behalf of and as representative of City Council, of the decision of the Zoning Board of Adjustment with respect to 1451 North Broad Street.
Councilman Squilla offers four bills, entitled "An ordinance amending Section 9-1132 of The Philadelphia Code, entitled 'Cashless Retail Prohibition,' by providing exemptions for airport retail establishments and gym membership fee payments"; and An ordinance establishing parking regulations in the vicinity of: Morris Street and South 6th Street; Fernon Street and South 6th Street; South 7th Street and Wharton Street; Latona Street and South 12th Street; Ellsworth Street and South 12th Street; Broad Street and Dickinson Street; Annin Street STATED MEETING 30 3/2/2023 and South 7th Street; and An ordinance establishing parking regulations in the vicinity of: Passyunk Avenue to Queen Street; Queen Street and South 5th Street; Washington Avenue to South Front Street; League Street and South Front Street; and An ordinance establishing parking regulations in the vicinity of: Daly Street and South 8th Street; Emily Street and South 6th Street; McKean Street and South 6th Street to South 9th Street; Mifflin Street and South 7th Street; Warnock Street and McKean Street.
Those four bills will be referred to the appropriate committee.
Councilwoman Bass offers two bills and four resolutions, entitled "An ordinance establishing parking regulations in the vicinity of: Erie Avenue and Sydenham Street"; and An ordinance establishing parking regulations in the vicinity of: STATED MEETING 31 3/2/2023 Lawrence Street and Rockland; Lindley Avenue and North 2nd Street.
And a privileged resolution honoring Myra Brown for being the first African American female to be designated to the position of Board Chair of Women's Way Organization, her exemplary work throughout the city of Philadelphia, and leadership among women.
And a privileged resolution honoring the Philadelphia Tennis Club for being the oldest Black-owned tennis club in the Country.
And a non-privileged resolution renaming the 4300 block of Broad Street "Prince Hall Way." STATED MEETING 32 3/2/2023
And a privileged resolution honoring the Woodford Tennis Club for being the oldest Black tennis club in the state of Pennsylvania.
There are no other bills or resolutions being offered today by the members, Mr. President.
Thank you very much, Mr. Decker. That concludes the introduction of bills and resolutions, and our next order of business is reports from committee. And the Chair recognizes Councilman Johnson for a report from the Committee on Rules.
Thank you, Mr. President. The Committee on Rules reports out five bills with a favorable recommendation. STATED MEETING 33 3/2/2023
To the President and members of the Council of the City of Philadelphia, the Committee on Rules, to which was referred Bill No. 220941, entitled "An ordinance approving a new plan, estimated costs and proposed method of assessment of charges of the City Avenue Special Services District for and concerning business improvements and administrative services to portions of the City Avenue area of the City of Philadelphia and Township of Lower Merion"; and Bill No. 220973, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by 17th STATED MEETING 34 3/2/2023 Street, Indiana Avenue, Broad Street, and Glenwood Avenue"; and Bill No. 221015, entitled "An ordinance amending Title 19 of The Philadelphia Code, entitled 'Finance, Taxes and Collections,' to incentivize Affordable Housing development by authorizing tax exemptions pursuant to the Affordable Housing Unit Tax Exemption Act"; and Bill No. 230001, entitled "An ordinance amending Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' by defining and clarifying certain definitions"; and Bill No. 230034, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Haverford Avenue, 44th Street, Belmont Avenue, Girard Avenue, and 40th Street," respectfully reports it has considered the same and returns the attached bills STATED MEETING 35 3/2/2023 favorable recommendation.
Thank you. The Chair again recognizes Councilman Johnson.
Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading this day of Bills No. 220941, 220973, 221015, 230001, and 230034. (Duly seconded.)
Thank you. It's been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bills No. 220941, 220973, 221015, 230001, and 230034. All in favor indicate by saying aye. (Aye.)
Those opposed? STATED MEETING 36 3/2/2023 (No response.)
The ayes have it, and these bills will be placed on our First Reading Calendar today. The Chair now recognizes Councilwoman Gilmore Richardson for a report from the Committee on Law and Government.
Thank you, Mr. President. The Committee on Law and Government reports one bill and one resolution with a favorable recommendation.
Thank you. Mr. Decker, please read that report.
The Committee on Law and Government, to which was referred Bill No. 230106, entitled "An ordinance providing for the submission to the qualified electors of the City of Philadelphia the proposal in a Resolution STATED MEETING 37 3/2/2023 amending The Philadelphia Home Rule Charter by establishing the Office of the Chief Public Safety Director to be responsible for ensuring public safety by coordinating the resources (personnel and employment, property, plant and equipment) within the departments of Police, Prisons, Recreation, and all other relevant City agencies; and authorizing the appropriate officers to publish notice and to make arrangements for the special election"; and Resolution No. 230115, entitled a "Resolution proposing an amendment to The Philadelphia Home Rule Charter to establish the Office of the Chief Public Safety Director of the City of Philadelphia; providing for the method of appointment of the Chief Public Safety Director and defining their powers, duties, and areas of responsibility," respectfully reports it has considered and amended the same and returns the STATED MEETING 38 3/2/2023 to Council with a favorable recommendation.
Thank you. The Chair again recognizes Councilwoman Gilmore Richardson.
Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 230106. (Duly seconded.)
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. 230106. All in favor indicate by saying aye. (Aye.)
Those opposed? (No response.) STATED MEETING 39 3/2/2023 2ND READING
The ayes have it. This will be placed on our First Reading Calendar for today. Resolution No. 230115 will be placed on the Final Passage Calendar for our next session of Council. That concludes our reports from committee, and our next order of business is the consideration of the Calendar. I note that the bills just reported from committee with a suspension of the rules have been deemed to have had their first reading. They will be on our Second Reading and Final Passage Calendar at our next session of Council. As there are no additional bills on the First Reading Calendar, the Chair recognizes Councilman Jones for the purpose of calling up resolutions and bills on the Second Reading and Final Passage Calendar today.
Thank you, Mr. President. The following resolutions and bills are being called up from Second STATED MEETING 40 3/2/2023 Reading and Final Passage Calendars today: Nos. 230040, 230071, 230072, 230135, 230136, 230138, 230139, 220244, 220736, and 220810. All other bills and resolutions are being held.
Thank you. Thank you, Councilman. Before considering the bills and resolutions, we will have our public comment. These are the guidelines established: Your public comment must concern matters on the Second Reading and Final Passage Calendar for possible action at today's Council session. All the speakers must sign up in order to testify. If you have not already done so, you may do so at the table outside of the Chambers where the Sergeant-At-Arms will take your name. Once you've signed up, you will be called in the order in which your name appears on the sign-up sheet. Today we will have three minutes to speak, but I STATED MEETING 41 3/2/2023 ask you to please adjust your testimony to reflect that three-minute limit. In order to be fair to all the speakers, we intend to hold faithfully to the established time limit. So when you begin speaking, you will see a green light on the podium. When that light turns green, it will be your time to speak. When the light turns yellow, you will have 30 seconds to conclude your remarks. And when the light turns red, we'd ask that you please adhere to our guidelines and conclude your remarks. Once those three minutes have passed, we will ask you to discontinue and move on for the next speaker. We also reserve the right pursuant to the rules of Council to limit repetitious comment on the same subject matter. Mr. Decker, if you are prepared, please call the first name on the list. Again, thank you all for your STATED MEETING 42 3/2/2023 willingness to participate in the public comment today and participate in seeing your government in action. Mr. Decker.
The first speaker today, Mr. President, is Vicky Ung, commenting on Bill 220244. (Witness approached podium.)
Good morning, everyone. I'm President of Vietnamese American community in Philadelphia. I would like to thank the City of Philadelphia for allowing our community to display the South Vietnam flag over the past several years. This simple but symbolic gesture should be continued. The South Vietnam flag is the identity of Vietnamese American community. Recognizing this can acknowledge the contribution and experience of nearly 16,000 Vietnamese American taxpayer. STATED MEETING 43 3/2/2023 This is the same flag that fly high in the Vietnamese American event throughout the Vietnamese business district, like on the 6th and Washington Avenue, at the Vietnam Veteran Memorial where it's paired with the U.S. flag, and everywhere else in the City. I'm the one that the treasurer, that do fundraising with Vietnamese. We raise over $80,000 for that Penn Landing, two flag there, the Vietnamese flag and American flag right there. Beside paying a tax and being a dutiful citizen, Vietnamese American have served in the U.S. Army, Navy, and also the Air Force. Our Vietnamese American people that live in this country, we honored to live here, and I think we should honor this fine Vietnamese American servicemen and our region by display the South Vietnam flag. Don't forget, 58,000 servicemen die in Vietnam and 1,600 are still missing in action in Vietnam. Let's STATED MEETING 44 3/2/2023 raise the yellow flag at the City Hall to pay the homage to the bravery and service of Vietnam veteran and raise awareness for those who still missing. We must not forget about them. During the Vietnam War, many Vietnamese Philadelphia fight along with U.S. servicemen. When the war ending, we all suffer. The people work with or know American people, we be in the prison and suffer many, many year under the communist they call reeducation camp, where they nearly starve to death. They were stripped to act as citizen and they change the way of life. The yellow flag symbolize where we come from and our fight for the free society. I am survivor of Vietnam War. For those survivor, the communist-risen officer red flag with yellow star in the middle elicits anger and profound sense of loss. I have here so many, so many story about the communist abuse, which STATED MEETING 45 3/2/2023 Vietnamese --
Thank you. Thank you for your testimony. (Applause.)
The next speaker is Le-Quyen Vu, commenting on 220244. (Witness approached podium.)
Good morning, everyone. My name is Le-Quyen Vu. I am the Executive Director of the New Chinese American Council. I am here to offer my voice to represent all immigrants and refugee in Philadelphia. This bill is important because this bill was introduced as a result of STATED MEETING 46 3/2/2023 the rules of which flag and how flag is being raised at City Hall. The flag being raised at City Hall for some community in Philadelphia represent their struggle for freedom, their escape to America. Philadelphia is a city that is the birthplace of freedom. Philadelphia is the City of brotherhood. So I am asking all Councilmen to introduce -- to pass this bill, because this is the balance and it fix the rule that was broken. You are close to the people. You live among your constituent. This is what your constituent wants, and I urge you to please vote yes for this bill. Thank you. (Applause.)
The next speaker STATED MEETING 47 3/2/2023 is Serge Shaliga.
Welcome. Please state your name for the record and begin your testimony. (Witness approached podium.)
Dear Councilmember, dear audience, my name is Serge Shaliga. I represent Belarusian American community of Philadelphia, Group Belarus Freedom Philadelphia, and Nationwide Organization Association of Belarusians in America. On March 25th, 1919, the Belarusian People Republic was percolating, and the white, red, white flag was established as the official flag of Belarus. After the fall of the Soviet Union in 1991, the same flag became the official symbol of Belarusian independence and freedom. White, red, white flag of Belarus was the flag that President Bill Clinton waved along the American flag when he visited Belarus in STATED MEETING 48 3/2/2023 1994. I will show this picture. In Belarus, however, this symbol of freedom is forbidden under regime of Dictator Lukashenko. The use of this flag can threaten innocent Belarusians with years in prison. The current official red, green, white flag is the former flag of the Belarusian Soviet Socialist Republic and was re-established by the Dictator Lukashenko in 1995. This flag is a painful reminder of the oppression Belarusians were subjected to during the USSR and serious human rights abuse, persecution, furity (ph), and the murders of Belarusian opposition members and single activities by Lukashenko regime. Under this official red, green, white, red flag, Russian missiles are launched from the Belarusian territory to kill innocent Ukrainians. Therefore, I, Serge Shaliga, a representative of the Belarusian American community of Philadelphia, appealing to STATED MEETING 49 3/2/2023 City Council to pass Bill 220244, which would allow the City Council to authorize resolution the display of our historical Belarusian white, red, white flag. Thank you.
The next speaker, Mr. Chairman, is Joe Tran, commenting on 220244.
Please state your name for the record and begin your testimony.
Joseph Tran. Thank you. Thank you, and good morning, Council President and members of the City Council. My name is Joseph Tran, current student and President of the Philadelphia student body and government of the Philadelphia College of Osteopathic Medicine and Board member of STATED MEETING 50 3/2/2023 the Vietnamese American community of Pennsylvania. I am grateful for the opportunity to be speaking here before this body representing both the Vietnamese American community of this Commonwealth and the City of Philadelphia in support of Bill No. 220244. The Vietnamese American community are people and children of immigrants, including myself, many of whom are refugees who have, like among many other groups throughout our nation's history, have come to call the United States our home in search of all the values all Americans hold dear, which is democracy, freedom, and opportunity. Today there are over two million Vietnamese Americans across the United States, with almost 45,000 in our state and over 14,000 who reside here in the City. I'm a first-generation Vietnamese American who is proud to call STATED MEETING 51 3/2/2023 Philly my home. Having been raised and living here my entire life, I am both grateful for the opportunity that both America and the City of Brotherly Love has given to my family and myself, a place that gave my father, who is President of the Vietnamese American community of Pennsylvania, the opportunity to pursue and practice medicine again and for me to follow in his footstep, being a student at the Philadelphia College of Osteopathic Medicine where I currently serve as Student Government President, representing our fine medical and graduate students. I come before you today again to ask for your support as our elected representatives to vote yes in this bill in order to codify a formal solution to recognize the Vietnamese American heritage flag as the flag of the Vietnamese American people and for the City to officially support this flag and STATED MEETING 52 3/2/2023 its raising as a symbol for our community and its people. This flag is more than a symbol of our people in diaspora. It is the embodiment of the values and struggles in the fight and name for freedom, equality, and democracy. But almost over 60,000 American troops have sacrificed and spilled their blood during the Vietnam War, values that are shared by us both as Americans and as free Vietnamese people. As a country and city that prides itself on diversity, equality, and democracy, I sincerely and humbly ask that this City Council simply recognize this fact for our people as one of many groups that make up our great city and great country. Thank you very much for your time.
Thank you for your testimony. (Applause.) STATED MEETING 53 3/2/2023
The next speaker is Nghi Vo, commenting on 220244. (Witness approached podium.)
Good morning. My name is Nghi Vo and I would like to give my comment to the Bill 220244. The Philadelphia flag raising event is held as a way the City government try to connect to various refugees and immigrant communities living in Philadelphia. We were very happy to come to the City to recognize our heritage, but last year Mayor Kenney borrow directly from the State Department to forbid any flag to be raised at the City flagpole if the flag is not recognized by the U.S. Department. My question to everyone here, if we cannot raise the flag we want, then what flag we should raise? Effectively Mayor Kenney tells STATED MEETING 54 3/2/2023 us that we have to show support the U.S. approved flag. That is the red flag of the communist government in Vietnam. We once were political refugees, and that is the reason why we are here today and why we have been admitted into this country. Mayor Kenney tells us that go through the City Hall and show affection and affiliations to the communist party. That is an irony and does not make any sense. The City flagpole is not a federal property. The flag raising event is not an event to honor any government delegates or any country. That event is to recognize the various community of immigrants and refugees into Philadelphia. Mayor Kenney should know that his (unintelligible) is deeply hurtful to our community. I would like to appeal to City Council to approve this Bill 220244 so we can decide how we want to represent. STATED MEETING 55 3/2/2023 There is a chance to offer petition that we have more than 1,500 persons sign to support this bill. Thank you for your time.
The next speaker is Ogbonna Hagins, commenting on 230139. (Witness approached podium.)
Great morning, everyone. Ogbonna Hagins, H-A-G-I-N-S. Of course I am in agreement with renaming the 4900 block of Walnut Street Paul L. Robeson Way. I would like to recite a quote by Paul Robeson. "You want to shut up every Negro who has the courage to stand up and fight for rights of workers, and I have been on many picket lines for the STATED MEETING 56 3/2/2023 steelworkers too." In some respects, at the same time that I agree with renaming the 4900 block of Walnut Street to Paul Robeson Way, I feel that the work of this body should also reflect what Paul Robeson was about. Robeson also said, "to be free to walk the good American earth as equal citizens, to live without fear, to enjoy the fruits of our toil, to give our children every opportunity in life. The dream which we have held so long in our hearts is today the destiny that we hold in our hands." Council, you have the ability to fulfill the works of Brother Robeson in Philadelphia by not going along to get along, not being selfish, and by fighting and lobbying for economic repair, other words -- otherwise known as reparations. Particularly in the Afro American community, it would make an incredible difference. Unfortunately, some of your STATED MEETING 57 3/2/2023 former colleagues have shown selfishness by resigning to run for Mayor, essentially gutting this body and making it a lame duck Council. Finally, Robeson fought for civil rights for Afro Americans. I ask you, are you fighting for the Afro American in this city? Are you fighting for reparations for Afro Americans in this city? Do you know that crime and violence is as a result of poverty? Alan Greenspan said that there is no debt that America cannot pay, because it prints money. Pay the debt that's due to the Afro American, and I guarantee you you'll see a reduction in the crime and violence in this city. Thank you. (Applause.)
Thank you. Thank you for your testimony. STATED MEETING 58 3/2/2023
The next speaker is Lynn Landes, commenting on 210913. (Witness approached podium.)
Good morning. I'm Lynn Landes of protocolsfordemocracy.org. The current restriction on public comments to agenda items only is a violation of the public's First Amendment right to petition the government for redress of grievances as well as a violation of the Pennsylvania Sunshine Act, which states quite clearly that City Council shall provide a reasonable opportunity for taxpayers to comment on matters of concern, official action, or deliberation which are or may be before the board or Council prior to taking official action. According to a 2015 decision of the U.S. District Court in Duff versus the City of Philadelphia, the main reason City Council is getting away with this STATED MEETING 59 3/2/2023 restriction is that they haven't actually enforced it. In the words of the court, quote, "The court finds the plaintiff has failed to state a claim upon which relief may be granted because plaintiff has been permitted to speak on non-agenda items at City Council meetings," unquote. If City Council's aim is to manage public comments in a reasonable manner, City Council can do that under the Sunshine Act, caselaw, and common sense. Clearly, the public comment period is not an opportunity for the public to talk about their favorite recipes, and it is reasonable to impose restrictions on the content of public comments for special hearings as well as during regularly scheduled City Council meetings and committee meetings when discussing specific bills or resolutions, but not for the entire duration of a regularly scheduled public meeting. STATED MEETING 60 3/2/2023 The Philadelphia School Board and other cities and towns do not impose this restriction on public comments for a good reason. It's an unfair suppression of our freedom to speak. In this City of Liberty, it is time to end this unconstitutional restriction that has done untold damage to the public's trust and to their human right to hear what their fellow citizens have to say about their own government at City Council meetings. Thank you. (Applause.)
The next speaker is David Nixion, commenting on 220244. (No response.)
David Nixion? (No response.) STATED MEETING 61 3/2/2023
The next speaker is Vince Feldman, commenting on 220244. (Witness approached podium.)
Thank you. Thank you. Good morning. I'm Vince Feldman. I'm President of the Pennsylvania Chapter of Children's Health Defense, and I wanted to speak to a very important matter of concern that has been before this Council on this Council's agenda, and that is the limiting of speech in this Chamber. President Clarke, let us not travel further from democracy. Your legacy of keeping the Chamber shuttered to in-person meetings six months after every major municipality in the nation had reopened must be examined in this context. You cannot be a politician and also be anthrophobic. STATED MEETING 62 3/2/2023 I've been told that some of the members by a former Councilmember of this Council enjoy the digital intermediation that Google Meets provided because of the insulation to the public it gave, and I think that's a shame. I'm heartened to see that the galleries are now open today, and I hope other restrictions that are being made that --
Excuse me, sir. Are you talking about the flag raising?
So you're supposed to, according to your testimony, talk about flag raising.
Right. I'm talking exactly about that issue of being restricted in my speech.
But if you would like to stop me because I'm not speaking STATED MEETING 63 3/2/2023 of that, I believe you'd be restricting my speech.
Okay. I'm just telling you. Based on what you put down, that you were going to speak about -
No. I hear you. I'm just saying, we had this conversation last week about people going beyond the guidelines, but go ahead, because we have to -- we have to -
I'm speaking as a grievance against that requirement that we speak to a very specific issue. This is a public --
That's fine, but I'm saying the guidelines in here say you have to speak until we change the guidelines. That's fine, sir. Go ahead, continue your speech.
It's a matter of STATED MEETING 64 3/2/2023 concern that is limiting the speech in this Chamber, and so that I'm concerned. I'm glad -- I'm heartened to see that the galleries are open today, and I hope that continues to be -- these restrictions be lifted, because a lot of them or most of them are bereft of science, this being a good example. The attempts to muzzle speech must not be a part of this government. There have only been disastrous outcomes when censorship has been allowed to take root. Do not violate the Constitution of the state and of the nation in a vain attempt to stifle speech in this Chamber. I call on Councilmembers and the residents of this city to not support public officials who want to move away from light and towards darkness. Thank you very much.
Thank you for your speech. (Applause.) STATED MEETING 65 3/2/2023 3/2/23 - STATED - 2ND READING
There are no other speakers on the public comment list, Mr. President.
Thank you, Mr. Decker. And, again, thank you all for your public comment and your willingness to participate in today's Council session. We will now consider the bills and the resolutions on the Second Reading and Final Passage Calendar. Mr. Decker, if you can, please read the title of 230040.
A resolution honoring the Alpha Kappa Alpha Sorority, Incorporated on the occasion of their 92nd North Atlantic Regional Conference, and declaring March 9, 2023 as "Alpha Kappa Alpha Day" in the City of Philadelphia.
The Chair recognizes Councilman Johnson. STATED MEETING 66 3/2/2023 3/2/23 - STATED - 2ND READING
Thank you, Mr. President. I move that Resolution No. 230040 be withdrawn. (Duly seconded.)
Thank you. It has been moved and seconded that the Resolution No. 230040 be withdrawn. All in favor indicate by saying aye. (Aye.)
The ayes have it. The motion carries. Resolution 230040 has been withdrawn. Mr. Decker, read the title of Resolution No. 230071.
A resolution honoring the Philadelphia Tennis Club for being the second oldest Black-owned tennis club in the Country.
The STATED MEETING 67 3/2/2023 3/2/23 - STATED - 2ND READING Chair recognizes Councilwoman Bass.
Thank you, Mr. President. I move that Resolution No. 230071 be withdrawn. (Duly seconded.)
Thank you. It has been moved and seconded that Resolution No. 230071 be withdrawn. All in favor indicate by saying aye. (Aye.)
The ayes have it. The motion carries. Resolution No. 230071 has been withdrawn. Mr. Decker, 230072.
A resolution honoring the Woodford Tennis Club for being the oldest Black-owned tennis club in the country.
The STATED MEETING 68 3/2/2023 3/2/23 - STATED - 2ND READING Chair recognizes Councilwoman Bass.
Thank you, Mr. President. I move that Resolution No. 230072 be withdrawn. (Duly seconded.)
Thank you. It has been moved and properly seconded that Resolution No. 230072 be withdrawn. All in favor indicate by saying aye. (Aye.)
A resolution also naming North 41st Street between Parkside Avenue and South Concourse Drive as "Barbara Daniel Cox Way," in honor of the late Barbara Daniel Cox, organizer of the Black Family Reunion. STATED MEETING 69 3/2/2023 3/2/23 - STATED - 2ND READING
Thank you, Mr. President. Just briefly, for those of you who knew Barbara Daniel Cox, right next to the Webster definition of a boss was her picture. She was assertive before it was fashionable for women to raise their voice. She raised her voice and always provided a guiding path for young administrators to harken to. Her level of inspection and insistence upon perfection was second to none, and I am so very thankful to have that type of example in my life and hundreds of others that have experienced her guidance. With that, I move for the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. STATED MEETING 70 3/2/2023 3/2/23 - STATED - 2ND READING All in favor indicate by saying aye. (Aye.)
The ayes have it, and that resolution is adopted. Mr. Decker, 230136.
A resolution also naming the 5900 Block of Media Street as "James Rice Way", in honor of James Rice, the owner of Rice's Barbershop, which has served the Carroll Park neighborhood of Philadelphia since 1951.
Thank you, Mr. President. I move for the adoption. (Duly seconded.)
It's been moved and properly seconded. All in favor indicate by saying STATED MEETING 71 3/2/2023 3/2/23 - STATED - 2ND READING aye. (Aye.)
The ayes have it, and that resolution is adopted. Mr. Decker, please read the title of Resolution No. 230138.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority deeds conveying fee simple title to 1728 Federal Street, 1213 South Bonsall Street, 2114 Manton Street, 1303 South 23rd Street and 1148 South Cleveland Street in the Second Councilmanic District.
Thank you, Council President. I move for the STATED MEETING 72 3/2/2023 3/2/23 - STATED - 2ND READING adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded. All in favor indicate by saying aye. (Aye.)
The ayes have it, and that resolution is adopted. Mr. Decker, 230139.
A resolution renaming the 4900 block of Walnut Street "Paul L. Robeson Way" to honor the life and legacy of Paul Leroy Robeson, Esquire, Actor, Singer, Athlete, Lawyer, Author, Activist, Scholar, Linguist and American Hero. Recognizing and honoring Philadelphia's Paul Leroy Robeson, on his 125th birthday and his exemplary service to the world with special acknowledgment STATED MEETING 73 3/2/2023 3/2/23 - STATED - 2ND READING of his leadership in civil rights, sports, and the arts.
Thank you, Council President. Before I move for the adoption of the resolution, I'd like to say a few words about it. Naming the 4900 block of Walnut Street after Paul Leroy Robeson is my immense privilege. Paul Robeson is and was truly a renaissance man. This actor, singer, athlete, lawyer, author, activist, scholar, and linguist paved the way for Black artists across almost every medium. His signature song, Ol' Man River, remains one of the top show tunes in American history. He shattered the glass ceiling as the first African American to play Othello on Broadway. He became a staple of the silver screen both in Hollywood and here in Philadelphia. And this only STATED MEETING 74 3/2/2023 3/2/23 - STATED - 2ND READING scratches the surface of what Paul Robeson achieved during his lifetime. But rather than using his success to avoid the struggles plaguing our country and our people during his lifetime, Paul Robeson used his platform to stand up for oppressed communities and people, and the United States government rewarded Paul Robeson for his activism by branding him a communist sympathizer and throwing him in front of the U.S. House Un-American Activities Committee, resulting in his art becoming banned from public consumption. So today we push back on that injustice by recognizing Paul Robeson for what he truly is, an American hero whose groundbreaking legacy still inspires Black children in Philadelphia and across the world 125 years after he was born. And so with that, Council President, I move for the adoption of the resolution. (Duly seconded.) STATED MEETING 75 3/2/2023 3/2/23 - STATED - 2ND READING
It's been moved and properly seconded. All in favor indicate by saying aye. (Aye.)
The ayes have it, and that resolution is adopted. Mr. Decker, please read the title of Bill No. 220244.
An ordinance amending Title 21 of The Philadelphia Code, entitled "Miscellaneous," by adding a new Chapter 21-3300, entitled "Flag Raisings," to establish uniform standards for flag raising ceremonies.
This bill having been read on two different days, the question now is shall the bill pass finally. Mr. Decker, call the roll. STATED MEETING 76 3/2/2023 3/2/23 - STATED - 2ND READING