Oh, wonderful. Thank you. Thank you for this opportunity. My name is Sarah Francis. I'm a resident of the Eighth District. I have worked professionally in the public health, environmental science, and policy fields. For 12 years I've helped manage public lands organically, first in Lower Merion and now here in the Wissahickon. Today I am going to share with you why we're compelled to work in advocacy on this issue. A couple years ago I was visiting Bartram's Garden. I happened upon the gardener spraying a few tendrils of poison. I engaged her and asked her what she was doing. She said she was spraying glyphosate. Even though I maintained a distance of 12 feet, I could still smell the chemical and expressed concern over her lack of protection. She was wearing gloves, but not any protective covering over her nose, mouth, Stated Meeting November 19, 2020 or eyes. I also expressed concern about a group of about a dozen schoolchildren who were currently visiting the garden. They were 20 yards away and downwind, and I could plainly see the toxic chemical spray drifting towards them. I asked the gardener why, instead of spraying them with a known carcinogen, we couldn't teach the children about poison ivy, how to identify it, how to avoid it, and why most people are allergic to it, and then just carefully pull it up, as I have done so many times on the properties that I have managed. She merely shrugged and said this is how they manage it. This is the level of nonchalance with which toxic pesticides are viewed and applied in the City. I testify that Bill No. 200425 will go a long way towards making Philadelphia public grounds safe and healthy, and I strongly urge you to pass it. I recognize that this is an Stated Meeting November 19, 2020 unprecedented time of overlapping crises and extraordinary amount of suffering, but every crisis represents an opportunity for much-needed reform and innovative problem-solving that addresses the root causes of problems, not just the symptoms. Thank you for your time and consideration.
Good morning. Just state your name for the record and proceed with your testimony, please.
Hi. Thank you for your time today. My name is Ryan Dougherty and I'm a community organizer with The Black Institute, a racial justice action think tank based out of Stated Meeting November 19, 2020 New York City, here on behalf of our President, Ms. Bertha Lewis, who is originally from the City of Philadelphia, and we are here today to express our support for Bill No. 200425 and implore the City Council to unanimously pass the healthy outdoor public spaces bill as introduced. As a racial justice organization who has done the analytical research on the use of pesticides in public spaces, The Black Institute knows firsthand the harmful effects these chemicals have on communities of color, specifically children and families. While it is now irrefutable that these herbicides cause cancer and other deadly illnesses, we know statistically that black and brown communities are the ones who disproportionately suffer the most through a report we published entitled "Poison Parks." And whether the pesticide industry or the Parks Stated Meeting November 19, 2020 Department decides to recognize it or not, every single time a chemical-based herbicide is sprayed in Philadelphia, environmental racism is being manifested in our communities. Supporting this bill will ensure that our kids are safe when we play in our parks. It will ensure that our drinking water is clean enough to drink, and it will create some semblance of transparency in an industry that has gone unchecked for far too long. We are obviously in a public health crisis compounded by the devastating effects of COVID-19, and now is the time to finally stand up for our black and brown brothers and sisters by banning the use of glyphosate and other toxic herbicides in Philadelphia. It is imperative that the City Council support Bill No. 200425 and commit to the transition towards unique land management in Philadelphia. You have a responsibility to your Stated Meeting November 19, 2020 constituents, and that includes standing up to large corporations for a healthier and toxic free Philly. Thank you for your time.
Yes. Good morning. Just state your name for the record and proceed with your testimony, please.
Good morning, Council President and members, and thank you for the opportunity to testify. My name is Amy Sinden. I'm on the faculty at Temple Law where I teach and publish on environmental law. I'm here to assuage any concerns you might have about the legality of the proposed HOPS ordinance. It's legal. In fact, not only do you Stated Meeting November 19, 2020 have the power to adopt it under the Environmental Rights Amendment to the Pennsylvania Constitution, you have a duty to adopt it. As an exercise of Council's legislative power over municipal functions, your maintenance of City parks and property, this ordinance falls well within your broad police power authority under the Home Rule Charter to protect the health and safety of Philadelphia's citizens. I understand there's been some worry about the HOPS ordinance would be preempted by the Pennsylvania Pesticide Control Act. Those worries are unfounded. The state pesticide law preempts local laws that conflict with it, but there's no conflict here. The state Pesticide Act provides for the registration of pesticides sold in the state of the licensing of private businesses that apply them. The HOPS Act is about the City's maintenance of its Stated Meeting November 19, 2020 own property by its own personnel. It doesn't in any way regulate or restrict the activities of private parties. So that's the first thing. There's no conflict or overlap between the two. But the second is that even if the Pesticide Act did preempt the HOPS ordinance, it would be unconstitutional under Article I, Section 27 of the Pennsylvania Constitution, also known as the Environmental Rights Amendment. That amendment grants the citizens of Pennsylvania the right to clean air, pure water, and the preservation of the environment, and it imposes on all levels of Pennsylvania government, state and local, the fiduciary duties of the trustee to conserve and maintain our public natural resources for the benefit of all Pennsylvanians, including future generations. This is heavy stuff, but the Pennsylvania Supreme Court has not been shy about striking down state statutes Stated Meeting November 19, 2020 that conflict with it, and that includes state statutes that preempt municipalities from passing ordinances aimed at protecting the environment. In fact, the Supreme Court's 2013 decision in Robinson Township versus Commonwealth is particularly on point. In that case, the Supreme Court actually struck down Act 13 passed by the all-powerful natural gas lobby to promote fracking. The court said it was unconstitutional because it commanded municipalities to ignore their obligations under the Environmental Rights Amendment. So, first, there's no preemption because there's no conflict of overlap between the HOPS ordinance and the Pennsylvania Pesticide Act. Second, even if there were any preemptive effect of the state Pesticide Act, it would be unconstitutional. And, finally, under the Environmental Rights Amendment, you actually have an affirmative Stated Meeting November 19, 2020 constitutional duty to pass this ordinance in order to protect the citizens of Philadelphia from the toxic herbicides that are fouling our air and water and threatening the health of our children and grandchildren. Thank you.
Yes, we can hear you. Just state your name for the record and proceed with your testimony.
Yes. My name is Arthur Frank. President Clarke and members of the City Council, I wish to speak on 200425 as well. By way of my background, I'm a Professor of Public Health and a Professor of Medicine at Drexel Stated Meeting November 19, 2020 University. I have a medical degree with training in internal medicine and occupational and environmental medicine and a Ph.D. degree in biomedical sciences. I've served as a director or a deputy director at two agricultural safety and health centers in this country studying pesticides, and this is an issue that affects communities. And I've served for more than 15 years on the Environmental Justice Advisory Board of the State of Pennsylvania, including about ten years as Chair. We need to recognize that pesticides and herbicides are designed to kill, and not only do they kill plants, but they have hazardous effects on humans. As you heard, glyphosate is a chemical that has been shown to cause cancer, and we need to be careful that this is in fact true in spite of data manipulation by those that market and sell this product, as we have seen over the years with other products like Stated Meeting November 19, 2020 cigarettes, lead paint, and other materials. With regard to 2,4-D, which is also used, that was a significant part of Agent Orange, which has been shown to cause birth defects and, as you've heard, has been a significant factor in the lives of many of our veterans. The City of Philadelphia needs to adopt this bill. It needs to find a safer way to protect our people and our parks. Thank you very much for allowing me to comment.
Yes, we can. Just state your name for the record and proceed with your testimony.
All right. My name is -- thank you for allowing me to Stated Meeting November 19, 2020 comment on 425. My name is Mark Leibeirt. I'm the County Board Chair of Douglas County, Wisconsin. We manage 287,000 public acres, including parks, parks in the City of Superior as well, and we have had this ordinance in effect for 20 years. Don't be afraid of this ordinance. Your managers can manage their parks with this. In fact, you can challenge them to come up with unique opportunities on how they can actually do what the pesticides used to do. If we can do it on 287,000 acres, we have hundreds of miles of trails, boat launches, parks, day parks, overnight parks, city parks in the City of Superior, and we have been very successful at eliminating herbicides for over 20 years. Your managers will come up with opportunities, and when they're challenged, they will come to the plate and actually find good solutions to the Stated Meeting November 19, 2020 use or non-use of these herbicides and pesticides. Is there any questions that I could answer for you guys on the problems or anything that we've encountered? I'd be glad to give up my time to answer questions.
No. We're good. You go ahead and get your testimony. If there are questions, we'll reach out to you.
Sure. Okay. Well, again, I just want to take away any of the councilors' fears that this is not going to be able to be managed. We've managed it. We have -- we don't allow herbicides, pesticides anywhere on 287,000 acres. Utility right-of-ways, pipeline right-of-ways are all restricted to non-pesticide use for keeping their right-of-ways clear, and we have never been challenged in court. We have been successful in convincing all stakeholders that we're serious about this, and we Stated Meeting November 19, 2020 have been successful. I think that's probably all I can add to you, unless you guys got questions.
No. Thank you very much. We appreciate your testimony.
The next speaker is Michael Froehlich, commenting on 200544.
Good morning, Council President Clarke and City Council. My name is Michael Froehlich and I am the Managing Attorney of Community Legal Services' Homeownership and Consumer Rights Unit, and I am a resident of Councilmember Gauthier's Third District in beautiful West Philadelphia. I am speaking today in strong Stated Meeting November 19, 2020 support of Bill No. 200544, which would curb the most predatory and out-of-control tactic of residential property wholesalers. This is the industry responsible for those ubiquitous "we buy houses" signs that are illegally plastered all over our neighborhoods. Over the past few years, Community Legal Services has seen a sharp increase in the number of homeowners targeted by this industry coming to our office. This bill would include three important consumer protection safeguards. First, this bill would expand our existing do not solicit list, so homeowners could opt out of receiving these solicitations to sell their house. Wholesalers who continue to harass homeowners after being put on notice that a homeowner does not want to be contacted would then be subject to fines. Second, the bill would require wholesalers, like many other professionals operating in the City, to Stated Meeting November 19, 2020 be licensed and to follow a set of ethical guidelines. Third, wholesalers would be required to provide homeowners with a bill of rights and a three-day cooling off period before executing on any contract regarding their home. Many residential property wholesalers use predatory tactics and target our most vulnerable residents, including seniors, to profit from the equity those residents have built over the years. This industry is often most active in our City's rapidly gentrifying neighborhoods where longtime homeowners may not appreciate how much their home may be worth to out-of-town investors, and this bill will help preserve intergenerational wealth and close the racial wealth gap. I'd like to especially thank Councilmember Domb and his staff for championing this legislation. The bill is supported by not just CLS, but by the Stated Meeting November 19, 2020 Philadelphia Association of Community Development Corporations, Strawberry Mansion CDC, Asociacion Puertorriquenos en Marcha, CEIBA, and many other community and neighborhood organizations. Finally, I'd like to express my personal appreciation for the Greater Philadelphia Association of Realtors, who not only have supported this legislation but have been a key ally in moving this forward from the very beginning. Thank you.
Yes, we can. Good morning. Just state your name for the record and proceed with your testimony.
Hello. My name is Daniel Trubman and I'm calling to testify today on Bill 200837 [sic], not Stated Meeting November 19, 2020 because I believe it inappropriate for the Council to establish an advisory board to study Philadelphia parking in streets or the underlying goal of improving the working missions and pay of employees of the parking industry. I'm testifying today because I believe that one policy proposal the bill explicitly instructs the advisory board to study, reduction of the City's parking tax, is misguided. In the year 2020, we must move beyond the idea that the latest well-paying jobs for working-class residents is to cut the taxes of environmentally disruptive industries. It hasn't worked in the past and it won't work tomorrow. Reducing the parking tax would hinder achieving many of the goals this city and indeed many Councilmembers claim to champion. A city that claims to care about addressing climate change and supporting a green new economy doesn't Stated Meeting November 19, 2020 prioritize making parking cheaper. A city that cares about addressing poor air quality and accompanying health problems doesn't further subsidize driving. A city that is striving to achieve Vision Zero where no family has to grieve the loss of a loved one in an automobile crash does not encourage yet more driving. And at a time when the City is facing years of austere budgets, it is especially unconscionable to consider reducing a progressive revenue source that brings in millions of dollars to the City each month. What service does the City envision should be cut even more in the near future for the benefit of drivers? Should more librarians be laid off, more School District employees? Does this Council envision the need for human services or homeless services will decrease in the coming years? And, finally, though likely most germanely, there is little or no Stated Meeting November 19, 2020 reason to believe any of the benefits of abuse in the City's parking tax will be passed along to the workers of the parking industry. Instead, we can be almost certain that all the benefits will be captured by drivers, parking lot and garage companies, and property owners. How could the City of Philadelphia justify, especially in the upcoming difficult years, prioritize giving money back to those who park in the City, many of them who aren't even residents of Philadelphia? How can the City justify giving back money to parking lot and garage companies, many of which aren't based in Philadelphia? And how could the City justify giving money back to landholders, many of whom are land speculators sitting on valuable land instead of building the housing, offices, and other buildings that would greatly benefit the City? Many Philadelphians are already struggling and indeed were already Stated Meeting November 19, 2020 struggling before the current crisis. It's unfathomable the City would prioritize the financial well-being of these moneyed interests. I urge this Council to strike the language instructing the advisory board to consider lowering the City's parking tax before passing this bill. It is incumbent upon the Council to improve the conditions of working-class Philadelphians, including those employed in the parking industry, and for that reason, I believe establishing this advisory board is a worthwhile endeavor, but reducing the City's parking tax is not the solution and it is a proposal that should be tabled. Thank you.
The final speaker today is Queen Judith Robinson, commenting on 200544. QUEEN ROBINSON: Good morning. Stated Meeting November 19, 2020
Good morning. Just state your name for the record. QUEEN ROBINSON: Queen Judith Robinson here speaking on Bill No. 200504 [sic]. I'm a longtime -- I'm a licensed real estate broker. That comes with years of experience, a real estate license, exams, et cetera. It's truly unfortunate that you would try in this bill to elevate wholesalers who come with bandit signs and all kinds of unethical behavior, you would try to elevate them to the level of a professional real estate broker. Where is the Real Estate Commission on this? Where are our trade organizations? You, without asking for any education, no examination and no guidelines, are trying to now elevate some wholesalers, some of them who aren't real estate professionals, to the same level of someone who has to go before the Real Estate Commission with regulations Stated Meeting November 19, 2020 and guidelines. The wholesalers, I can be quite frank with you, are eating our lunch. So I'm trying to figure out how they are legalized with a disclosure statement which doesn't protect the consumer from their unethical behaviors because you still are putting a document, a document in front of -- a legal binding document in front of a homeowner, a property owner who is not aware of what is in front of them. We as brokers have obligation and long term. These folks don't have obligation to negotiate those equity that they're taking out of the people's property. This bill is a dog whistle. I now see -- when you talk about discrimination, I know we're talking about black people catching hell, and I now see Bounce TV has more advertisement of equity investors coming after the black market. So I say, who did you talk to Stated Meeting November 19, 2020 before you convened this bill? Non-professionals along with Community Legal Services. Shame, shame, shame on you. This bill needs to help people, but it doesn't. It tries to elevate paper pushers, and I think the Real Estate Commission should weigh in on this bill before it goes forward. You all usually vote 17 to zero as you do, but I'm going to say as a long-term professional, please listen up. Let's do something that's really going to help the black community, the gentrifying black community, taking their equity from them, using unscrupulous practices. This is a dog whistle, because all of the sudden on Bounce TV they bouncing with that ad over and over again, continuing to heighten people who are unqualified to sell their property without proper information. That's what the problem is here. Now you're going to tell the wholesaler, the paper pusher, with no education, that they can run in front of Stated Meeting November 19, 2020 people now with a $200 fee, and then you charge the Managing Director? Don't they have enough to do to enforce this law here about non-solicitation? You already have non-solicitation laws not being followed. Not being followed. This is a sham here, and you need to be more respectful of people who really are practicing professionals. With that, I'll put a pin in it and respectfully request that you table this and not move forward, because it's not helping the consumer. I'm out here in the venues and I think it's the Wild Wild West, with ignorance on all parts. Have a great day.
There are no other speakers on the public comment list, Mr. President.
Thank you very much, Mr. Decker. We will now consider today's Stated Meeting November 19, 2020 I would ask Mr. Decker to please read the titles of all the bills on the Consent Agenda. After each title is read, any member may object to the inclusion of the bill on the Consent Agenda. Upon such an objection and without debate, the bill will immediately be removed from the Consent Agenda and placed on our regular Final Passage Calendar. Mr. Decker, will you please now read the titles of the bills on the Consent Agenda.
Bill No. 200481, entitled "An ordinance authorizing the Churchview Commons Condominium Association to own and maintain street lighting encroachments along the One Hundred Block of Church Street"; and Bill No. 200387, entitled "An ordinance amending The Philadelphia Code to add a new Section, entitled 'Good Parking Jobs for Philadelphia Review Committee,' to provide for the creation Stated Meeting November 19, 2020 body to consider the quality of jobs and opportunities for workers in the parking industry and the potential to make adjustments to the Parking Tax, including with respect to the goal of reducing the parking tax to seventeen percent by July 1, 2022"; and Bill No. 200599, entitled "An ordinance constituting the Twenty-Fifth Supplemental Ordinance to the Restated General Water and Wastewater Revenue Bond Ordinance of 1989, as supplemented; authorizing the Bond Committee to issue and sell one or more series or subseries of tax-exempt or taxable water and wastewater revenue bonds and revenue refunding bonds, some or all of which may be used for the implementation of a revolving commercial paper program for the System"; and Bill No. 200600, entitled "An ordinance constituting the Twenty-Fourth Supplemental Ordinance to the Restated General Water and Wastewater Revenue Bond Stated Meeting November 19, 2020 1989, as supplemented; authorizing the Bond Committee to issue and sell one or more series or subseries of tax-exempt or taxable water and wastewater revenue bonds and revenue refunding bonds"; and Bill No. 200182, entitled "An ordinance amending Chapter 12-3000 of The Philadelphia Code, entitled 'Use Of An Automated Red Light Enforcement System To Prevent Red Light Violations,' by authorizing the installation of red light enforcement systems at the intersection of 52nd and Lancaster Avenue"; and Bill No. 200254, entitled "An ordinance establishing a no truck parking regulation on both sides of Milnor Street, from Bleigh Avenue to New State Road"; and Bill No. 200537, entitled "An ordinance amending Section 2 of an Ordinance (Bill No. 180560) approved July 10, 2018, entitled 'An ordinance authorizing the revision of lines and Stated Meeting November 19, 2020 portion of City Plan No. 250 by striking from the City Plan and vacating the legally open portion of Montour Street from Adams Avenue to Foulkrod Street,' by extending the period for compliance with the terms and conditions stated therein"; and Bill No. 200539, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 299 by striking from the City Plan Parker Avenue from a point approximately one-hundred fifty-six feet southwest of Matthias Street to its terminus southwestwardly therefrom"; and Bill No. 200561, entitled "An ordinance amending Chapter 12-3000 of The Philadelphia Code, entitled 'Use Of An Automated Red Light Enforcement System To Prevent Red Light Violations,' by authorizing the installation of red light enforcement systems at the intersection of 31st and Spring Garden Street"; and Bill No. 200562, entitled "An Stated Meeting November 19, 2020 Roy, doing business as John Bartram Association, to own and maintain an existing metal bench on the southeast corner at the intersection of South 54th Street and Lindbergh Boulevard"; and Bill No. 200572, entitled "An ordinance establishing a no truck parking regulation on both sides of East Godfrey Avenue from Tabor Avenue to Whitaker Avenue"; and Bill No. 200591, entitled "An ordinance amending Section 9-212 of The Philadelphia Code, entitled 'Newsstands,' by expanding the allowable items newsstands can sell and offer"; and Bill No.
200115, entitled "An ordinance amending Section 10-602 of The Philadelphia Code, entitled 'Smoking,' to prohibit establishments that are excepted from the indoor smoking prohibition from permitting minors to enter, and to require health informational signs; and amending Section 10-614, entitled Stated Meeting November 19, 2020 'Electronic Smoking Devices,' to prohibit establishments that are exempted from the indoor e-cigarette use prohibition from permitting minors to enter, and to require health informational signs"; and Bill No. 200412, entitled "An ordinance amending Chapter 10-2200 of The Philadelphia Code, entitled 'Hate Crimes,' to provide for penalties for criminal conduct involving misuse of the 911 emergency response system motivated by hatred toward certain characteristics of other persons"; and Bill No. 200420, entitled "An ordinance amending Chapter 9-800 of The Philadelphia Code, entitled 'Landlord and Tenant,' to address matters related to the landlord and tenant relationship during the novel coronavirus of 2019 pandemic, including providing for the temporary waiver of certain fees"; and Bill No. "
Thank you, Mr. Decker. These bills having been read on two different days, the question for each bill now is shall the bill pass finally. The Clerk shall call the roll, and upon being called, each Councilmember shall vote aye on each of the bills, nay on each of the bills or indicate those bills for which the member is voting aye and those bills for which the member is voting nay. Mr. Decker, please call the roll.
Mr. President, I vote aye on all bills, except No. 200387, on which I've been advised by Ethics to abstain.
Aye on all bills. A majority of all members having voted in the affirmative for each of the bills, the bills on the Consent Agenda are passed. We will now consider the bills and resolutions on the regular Second Reading and Final Passage Calendar. Mr. Decker, would you please read the title of Resolution No. Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING 200491-A.
A resolution calling on the Kenney administration to develop a plan to be more inclusive of City Council when creating and implementing emergency public safety measures and restrictions.
Thank you very much, Council President. This is a resolution requesting that the Administration develop a plan that is more inclusive of City Council. I do cite that there was a decision in federal court that states that the executive must enact laws in conjunction with the Legislature. That decision has been stayed. It's been appealed, and the decision is stayed pending appeal in the Third Circuit. However, the principle is there that while laws can be made that people don't like, there is a system of checks Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING and balances in our democracy to ensure that there isn't just simply one branch of government doing things that affect people adversely, maybe for their own benefit, that hasn't been vetted through its system of checks and balances. When COVID-19 first broke out, we had emergency measures. We granted emergency -- we didn't grant. We accepted -- we did actually grant emergency powers through resolution. There's a requirement under that code section that these emergency powers be renewed through Council. However, the Law Department tells me that the Administration is going through the Health Code and through the State Health Code, and that's fine. The issue that I have is that during this time, we have gotten past the idea of opening up the Liacouras Center, the Convention Center, and we are well into the issues of COVID-19. We have a better understanding of what it is, and Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING that should inform us. We recently were notified that the Administration was going to brief us on Saturday at 12 o'clock about an announcement it was going to make on Monday for restrictions that were going to take effect on Friday. I had a prior commitment. And, by the way, I already read what the restrictions were, because apparently that was already given to the news and publicized, and I understand that the Administration met with business leaders on a Thursday. And as a Councilmember that represents people in this city, the first opportunity I had to actually weigh in on what I did not know was going to be restrictions taking place on Friday was Saturday at 12 o'clock. I'm asking the Administration to be more inclusive. I will say that I understand that the Health Department, the Health Commissioner is citing a CDC study that says people who tested positive for COVID-19 were twice as Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING likely to have eaten at a restaurant. They are not saying that people who have contracted COVID-19 in Philadelphia were twice as likely to have eaten at a restaurant. They're just saying that -I'm sorry; that did, they did eat at a restaurant. I don't know that there's any data or evidence that people contracted COVID actually ate at a restaurant, but, okay, if we say it's twice as likely, people who have contracted it nationally were twice as likely to have eaten at a restaurant, the same CDC study says if they went to a gym, they're 500 times less likely to get COVID-19 than the average person, 500 times less likely, and that there's no correlation to going to church, to shop, any of those things to an increased risk of COVID-19, yet that's also part of the restrictions. I would like to know, and I don't know, and I think the issue is, is it proper, is it a process of democracy Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING that we have a chance on behalf of the citizens of this city to inquire. In a city where over 50 percent of the people who have died from COVID-19 are African American and they only make up 40 percent of the City, they are dying at a rate 30 percent higher than the Caucasian population. Is it because they go to the gym 30 percent more, eat at restaurants 30 percent more? Like what is -- I am not saying we shouldn't do public safety restrictions.
I'm saying this body should inquire to ensure that the answers are provided to us based on science and data that what we're implementing is correct. What I wonder is this: Does poverty, unemployment, isolation, lack of exercise, an inability to pay rent, loss of business, inability to feed your family, does that contribute? Does that correlate to an increased risk of COVID-19? Because it certainly correlates to an increased risk of health Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING problems, drug addiction, depression, mental health issues. I don't have the answers to those questions, and simply coming out with a list of things not to do that have been done without a vetting of this body is of great concern to me. I am introducing a resolution and requesting that the Administration develop a plan that is more inclusive of this body. I will finally say that I am not clear -- I live 15 minutes from Delaware County, as I often say. I've discovered restaurants and bars in Delaware County while Philadelphia was closed. If I go to a restaurant in Delaware County and sit down and have dinner with my family and come back to Philadelphia, I've still been exposed. The thing about our city is, we are a city and county surrounded by other cities and counties, and I'd like to know the science but, more importantly, I'd Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING like to know that the democratic process is being met in actuality and hopefully voluntarily by the Administration. Thank you very much.
Yeah. Hold on one second, please. I think Councilwoman Gym would like to speak on this resolution.
My point of information, Councilmember Oh, who are the parties to the lawsuit you referred to in your resolution?
I don't know who the parties are. I have the case. I read the case, but I'd have to look at the case again. I believe that the Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING lawsuit was brought by the Republican Legislature. I'm not exactly sure. I think so. And I believe the appeal was brought by the Attorney General of Pennsylvania, and it is, to my knowledge, pending in the Third Circuit, which a stay was granted which allows the Governor to enforce his restrictions until a decision is made by the Third Circuit.
Just a follow-up, Councilmember Oh, you stated in your resolution, and I think you quoted in the resolution, passages from the decision, and you stated that you read the decision, but are not familiar with the parties of the case?
Yeah. Well, let me say this: I've read different portions of the case and I did not look at who the parties were.
I don't think Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING that I did.
Thank you, Councilman. The Chair recognizes Councilwoman Gym.
Thank you very much, Council President. I just wanted to put on the record that I will be voting no on this resolution. The main body of this resolution references or are rooted in a ruling that should have nothing to do with the title of it. Two-thirds of the resolution, six out of the nine paragraphs, are rooted in a ruling out of the Western District Court that was stayed two weeks later by the Third Circuit Court of Appeals. The Third Circuit, which reinstated Governor Wolf's COVID executive orders, did so on October 1st. I understand my colleague's Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING frustrations with the Mayor's Office about not being fully apprised of important issues, and to be clear, these are frustrations that I can also share, but I cannot support a resolution that uses that frustration as a pretext to advance the flawed and failed logic of a two-week-old ruling that has no level of standing, nor do I endorse irresponsible lawsuits which endanger our city and state and are perpetuated by GOP legislators who have frequently and routinely flaunted COVID rules. In doing so, we are feeding into the hysteria that has resulted in extremist actions, including kidnapping plots, armed demonstrations outside of state capitals or in certain places around the country, and this idea that we should simply upend science and health because we just think we ought to. So, Council President, I appreciate the fact that you have worked hard to get us improved and necessary Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING dialogue between Councilmembers and this Administration, and those should continue, and we should send a clear message individually or in further dialogue and meeting, but this is a place for dialogue. It is not in flawed resolutions that advance other types of ideas, and that is why I will be voting no. Thank you.
Thank you, Councilwoman. I believe Councilwoman Quinones-Sanchez.
Thank you, Council President. I talked to the sponsor and shared similar concerns as expressed by Councilmember Gym. And I know we do symbolic resolutions all the time, some that I agree with totally, some that I don't, but I also agree with Councilmember Gym that the republicans at the state have been irresponsible, and I'm very concerned about this messaging Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING being tied in to the irresponsibility of our President and our lack for national standards. And we've worked too hard in this body and through your efforts, Council President Clarke, to mask up and send a narrative that's collective and around the items that we agree, and I just think the reference to, again, that lawsuit doesn't really speak to the spirit of this. And I want to ask the bill sponsor to write a resolution that speaks to that clarity. We're going to be in a COVID world for the next 18 months, and if he has some direct suggestions about how we better communicate through a work group, through a process with the Administration around decisions. I don't think that the Health Department should have full discretion. While I respect science, I also understand that how we operationalize directives are important, and as a District Councilmember who has to communicate directly with residents Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING and businesses every day, I want clarity, but I want consistency for them also. So to the bill sponsor, I'm happy to support something that speaks to that and that helps us get through the next 18 months or 24 months as a vaccine comes in, but I don't want to be part of any of the rhetoric that sacrifices people's lives for the economic well-being. And, again, that's not what he's doing, but that is the spirit of some of the other initiatives that we've seen in this city and in the state, but I thank the bill sponsor and agree with him about better communication. Thank you, Mr. President.
Thank you. Councilman Green is next. Councilwoman Quinones-Sanchez, I just want to -- I know I'm not supposed to weigh in. I just want to get a little clarity on your request for Councilmember Oh. Was your request specific in nature Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING in terms of possibly holding the bill and doing a bill that's more -
Specific to more focused on a work group, communication recommendations for the Administration and this COVID world that we're operating. That's what I'm requesting of him. I know he introduced this in September. He's held it and didn't want the messaging to get conflicted with the elections and all the partisanship that existed. I just agree with him too much on the communication piece and I don't want that to get lost in this. Thank you.
Thank you. I just wanted a little clarity. Councilman Green, I believe you wanted to...
Yeah. I'll defer to the sponsor if he'd like to respond to Councilmember Maria Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING Quinones-Sanchez.
Yes. Yes. Thank you very much. It's not my intention to politicize especially in a partisan way. I did cite the case because it is a case. A decision is a decision, and although the decision has been stayed pending a decision of the Third Circuit, it is a decision. However, I do not have a problem rewriting the resolution, which I think the main point is that I would hope, and quite frankly I would hope voluntarily, that the Administration without a resolution would invite a dialogue with Council and create a process of inclusion. I think the other thing, and I'll just be frank, is, I am drafting an amendment to the City Code, and I was doing the resolution as a way of not having to go through an amendment to the Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING City Code and the state law, where I do believe that that is ultimately what needs to happen. But the resolution I can rewrite in a way that I think since we are a body and we try to, to the best that -- I certainly agree that I would like my colleagues to be comfortable that they can support a resolution requesting an inclusive process in these restrictions and other things that we may agree or disagree, but I think that process is important. So I will hold this resolution and perhaps there will be a double AA later. Thank you very much.
Thank you, Councilman. I wish the General Assembly can take note of how we had this bipartisan breakout right in the middle of our Council session. So thank you for that, and I'm sure all the members would like to weigh in on the subsequent resolution. Thank you. Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING
Thank you all. Next up, Mr. Decker, can you please read the title of 200 -
Excuse me, Mr. President. Councilmember Bass has written in the Chat that she's interested in commenting.
Oh, I'm sorry. It just popped up. I'm a little delayed here. Councilwoman Bass, did you want to comment on it?
Well, you know what, just to be brief, I just really wanted to thank the Councilman. I wanted to echo my concerns as well, but also recognizing that as a member of Council, people expect us to have information before it's out in the press, and so that caused a lot of problems I think for a lot of us, so I certainly Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING understand the sentiment of what Councilman Oh is trying to do. But I think that his willingness to work with his colleagues really just says something about his character in a very, very positive way, and wanted to thank him for being so willing to work with his colleagues. Thank you, Mr. President.
Thank you, Councilman and Councilwoman. I know we've all had our moments when we're a little concerned about the timing of the information flow, but we will hopefully get that corrected very soon. Mr. Decker, again read the title of 200629.
A resolution recognizing November 8 through November 14, 2020 as National Apprenticeship Week Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING and honoring ApprenticeshipPHL and the District 1199c Training and Upgrading Fund for its continued commitment to providing job skills, training, and opportunity to all Philadelphians.
Thank you. The Chair recognizes Councilwoman Gilmore Richardson for a motion.
Thank you, Mr. President. I move the adoption of the resolution. (Duly seconded.)
Thank you. It has been moved and seconded that the resolution be adopted. All in favor indicate by saying aye. (Aye.)
The Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING ayes have it, and that resolution is adopted. Mr. Decker, please read the title of Resolution No. 200631.
A resolution recognizing and honoring the Philadelphia City Commissioners and the hard-working members of their staff for their around the clock work during the 2020 General Election, and for ensuring that every vote cast in Philadelphia was counted.
Thank you. The Chair recognizes Councilman Jones for a motion.
Thank you, Mr. President. With Philly pride, I move for the adoption of this resolution. (Duly seconded.)
Thank you. It has been moved and seconded that the resolution be adopted. All in favor indicate by saying aye. Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING (Aye.)
The ayes have it, and that resolution is adopted. Mr. Decker, please read the title of Resolution No. 200632.
A resolution honoring the life and legacy of Ronald R. Donatucci, Sr., a dedicated public servant and renowned political leader.
Thank you. The Chair recognizes Councilman Johnson for a motion on the resolution.
Thank you, Council President. I move for the adoption of the resolution. (Duly seconded.)
Thank you. It's been moved and properly seconded that the resolution be adopted. Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING All in favor indicate by saying aye. (Aye.)
The ayes have it, and that resolution is adopted. Mr. Decker, please read the title of Resolution No. 200633.
A resolution authorizing the Philadelphia Land Bank to dispose of 1615 North 6th Street located in the Seventh Councilmanic District.
Thank you. The Chair recognizes Councilwoman Quinones-Sanchez for a motion on the resolution.
It's Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING been moved and properly seconded. All those in favor indicate by saying aye. (Aye.)
The ayes have it, and that resolution is adopted. Mr. Decker, please read the title of Resolution No. 200634.
A resolution honoring Kindred Arts and Little Giant Creative on the occasion of Monumental Tour's public art exhibit in the City of Philadelphia.
Thank you. The Chair recognizes Councilwoman Brooks for a motion on the resolution.
Thank you, Council President. Before I move... Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING
Councilwoman, you're breaking up a little bit. Start again. You were breaking up.
Sorry. Thank you, Council President. Before I move for adoption, I just want to take a moment to recognize the vital work of Kindred Arts and Little Giant Creative in bringing socially engaged art to the people of Philadelphia through the Monumental Tour's public art exhibition, which has been taking place throughout October and November. At a time when our city is grappling with the vast inequity and systemic racism, the work of art that make up the Monumental Tour provides an Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING outlet for us to reflect on the struggles of the present moment and make sense of our past and imagine a better future. I know many of my colleagues have already seen examples of their work across the City, such as the 28 foot Afro pick designed by artist Hank Willis Thomas that was on display in West and North Philadelphia. I encourage the viewing public to engage with their groundbreaking work this month, and I want to thank Marsha Reid, Director of Kindred Arts, and Tayyib Smith, Co-Founder of Little Giant Creative, for their important contribution to Philadelphia art and culture. And with that, I move for the adoption of the resolution. (Duly seconded.)
Thank you. It's been moved and properly seconded that the resolution be adopted. All in favor say aye. (Aye.) Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING
The ayes have it, and that resolution is adopted. Mr. Decker, please read the title of Resolution No. 200637.
A resolution proclaiming November 15 through 22, 2020 as National Hunger and Homelessness Awareness Week in Philadelphia and honoring organizations, advocates, and City workers for their work supporting Philadelphia's most vulnerable.
Thank you. The Chair recognizes Councilwoman Gauthier for a motion.
Thank you, Council President. I move for the adoption of the resolution. (Duly seconded.)
Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING Thank you. It has been moved and properly seconded that the resolution be adopted. All in favor indicate by saying aye. (Aye.)
The ayes have it, and that resolution is adopted. Mr. Decker, please read the title of Resolution No. 200638.
A resolution honoring and congratulating the Franklin Towne Charter Girls Soccer team, on their successful 2019-2020 season and overall 16-0 and 1 record in the Philadelphia Public League.
Thank you. The Chair recognizes Councilman Thomas for a motion on the resolution. Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING
Thank you, Council President. I move for the adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded that the resolution be adopted. All in favor indicate by saying aye. (Aye.)
The ayes have it, and that resolution is adopted. Mr. Decker, please read the title of Resolution No. 200640.
A resolution calling on the United States House of Representatives and United States Senate to hold hearings on voter suppression and voter intimidation during the 2020 United States presidential election. Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING
Thank you. The Chair recognizes Councilwoman Bass for a motion on that resolution.
Thank you, Mr. President. I just wanted to say before I call to move for the adoption that once again we saw this week, even though the election was 16 days ago on November 3rd, that in Wayne County, Michigan, which is primarily Detroit, we saw that there was an attempt to just wholesale discount or remove votes and not have been counted by a district -- or by a county that is 80 percent African American. And so we call on the United States Congress to do something, not just to hold hearings, but to actually do something about this problem which persists, which I've said before is a cancer on our democracy. With all of that being said, I want to move for the adoption of this Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING resolution. (Duly seconded.)
Thank you. It's been moved and properly seconded that the resolution be adopted. All in favor say aye. (Aye.)
The ayes have it, and that resolution is adopted. Thank you very much. Mr. Decker, please read the title of Bill No. 200093.
An ordinance establishing parking regulations in the vicinity of: North 3rd Street and Fairmount Avenue; Wildey Street and Marlborough Street; George Street and North 2nd Street; Salmon Street and Columbia Avenue; Montgomery Avenue and Wildey Street; Orianna Street and George Street. Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING
Thank you. The Chair recognizes Councilman Squilla.
Thank you, Mr. President. I move that Bill No. 200093 be withdrawn. (Duly seconded.)
Thank you. It has been moved and seconded that Bill No. 200093 be withdrawn. All in favor indicate by saying aye. (Aye.)
The ayes have it. The motion carries. Bill No. 200093 has been withdrawn. Mr. Decker, please read the title of Bill No. 200162.
An ordinance Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING amending Section 12-701 of The Philadelphia Code, entitled "Designation of Bicycle Lanes," to authorize a buffered bicycle lane on Spruce Street, from 2nd Street to 22nd Street and on Pine Street, from Front Street to 18th Street.
Thank you. The Chair recognizes Councilman Squilla for an amendment to Bill No. 200162.
Thank you, Mr. President. I would like to offer an amendment to Bill No. 200162. A copy of the amendment has been circulated to all members of Council. I move for the adoption of the amendment. (Duly seconded.)
Thank you. All in favor of the motion will signify by saying aye. (Aye.)
Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING Those opposed? (No response.)
The ayes have it. Bill No. 200162 has been amended, and Bill No. 200162, as amended, will be placed on the Final Passage Calendar at our next session of Council. Mr. Decker, please read the title of Bill No. 200353.
An ordinance amending Section 17-109 of The Philadelphia Code, entitled "Local Bidding Preferences," to amend reporting requirements to require the establishment of local business usage goals and reporting on reaching such goals as a way to assist community businesses recover from the COVID-19 pandemic.
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. Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING
Councilman Jones. Stated Meeting November 19, 2020 11/19/20 - STATED - 2ND READING