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Minutes

Stated Meeting, October 26, 2017

Philadelphia City CouncilOct 26, 2017

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Stated Meeting October 26, 2017 COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, October 26, 2017 10:45 a.m. PRESENT: COUNCIL PRESIDENT DARRELL L. CLARKE COUNCILWOMAN CINDY BASS COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN ALLAN DOMB COUNCILMAN DEREK S. GREEN COUNCILMAN WILLIAM K. GREENLEE COUNCILWOMAN HELEN GYM COUNCILMAN BOBBY HENON COUNCILMAN KENYATTA JOHNSON COUNCILMAN CURTIS JONES, JR. COUNCILMAN DAVID OH COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN CHERELLE L. PARKER COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILMAN MARK SQUILLA COUNCILMAN AL TAUBENBERGER MICHAEL A. DECKER, CHIEF CLERK Stated Meeting October 26, 2017

Council President Clarke

Good morning. We're going to start now. Can I have a little quiet, please. Thank you. We have a quorum. We're going to get started. To give our invocation this morning, the Chair recognizes Reverend Marquis Johns, Lead Pastor of North Philadelphia Seventh Day Adventist Church. He is here today as the guest of Councilman Johnson and also from the Fifth Councilmanic District. Reverend. Can I ask everyone to please stand. (Councilmembers, guests, and visitors rise.)

Reverend Johns

Mr. Chair, I thank you for this opportunity to share. The Bible reminds us that we have been called to preach liberty to the captives, to preach to the oppressed, and to reach out to those who are downtrodden Stated Meeting October 26, 2017 that in mind, I lead us in prayer this morning. God, we thank you that, first and foremost, you woke each of us up this morning. For were it not for that, we would not have voices to utter on the floor or in any other capacity. And so today, God, as we undertake the business of tending to the City of Brotherly Love, we ask that you would infuse this place with the spirit reminiscent of what you said in Luke, Chapter 4, preaching liberty to captives and looking to set at liberty those who are oppressed. So bless us to thy end. We ask in none other name but the name of Jesus. Amen. (Amen.)

Council President Clarke

Thank you so much, Reverend. Appreciate it. Council will be at ease. (Council at ease.) Stated Meeting October 26, 2017

Council President Clarke

Thank you. The next order of business is the approval of the Journal of the meeting of Thursday, October 19, 2017, and the Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Mr. President. I move that the Journal of the meeting of Thursday, October 19th, 2017 be approved. (Duly seconded.)

Council President Clarke

Thank you. It has been moved and properly seconded that the Journal of the meeting of Thursday, October 19th, 2017 stand approved. All those in favor say aye. (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and the Journal is approved. Stated Meeting October 26, 2017 business is requests for leaves of absence, and the Chair recognizes Councilman Henon.

Councilman Henon

Good morning, Mr. President. Thank you. On behalf of the majority, a leave of absence has been requested for Councilwoman Blondell Reynolds Brown.

Council President Clarke

The Chair thanks the gentleman. The Chair now recognizes Councilman O'Neill.

Councilman O'Neill

Thank you, Mr. President. On behalf of the republicans, there are no requests for leave of absence.

Council President Clarke

The Chair thanks the gentleman. Leave shall be granted for Councilwoman Blondell Reynolds Brown. At this time, I would like to dispense with the regular order of business and I would like to welcome and I want to thank everyone who has come Stated Meeting October 26, 2017 government in action today. We hope your stay today is a knowledgeable one but, more importantly, a pleasurable one, so much so that you come back again. Again, thank you so much. At this time, the Chair recognizes Councilman Green, who will present a resolution recognizing Ms. Ky Dele. Would Ms. Dele and those accompanying her please join the Councilman at the podium. (Councilmembers and guests approached podium.)

Council President Clarke

And joining Councilman Johnson, we have Councilman Jones and Councilmen Green and Johnson.

Councilman Green

Good morning. It's a pleasure to be here to recognize this outstanding individual for the work that she has done not only in the City of Philadelphia but across the nation really uplifting the image and Stated Meeting October 26, 2017 men. She's done a phenomenal job in doing that, as well as helping provide resources to our underserved African American men, especially those who are returning citizens and have come through some challenging perspectives. So it gives me great honor to present this resolution, and so I will read the following: Recognizing Ky Dele, founder of the Made Men Initiative, for her work inspiring, educating, and outfitting underserved men. Whereas, the Made Men Initiative is a national corporate and community initiative designed to honor the extraordinary achievements of notable African American male influencers for their leadership, lifetime achievement, and their respective fields of work, social consciousness, and significant contributions to community empowerment while building a bridge for the honorees Stated Meeting October 26, 2017 to provide empowerment tools for underserved male youth and adult students with motivational mentoring workshops, educational scholarships, and donating business attire to Suit for Success; and

Councilman Jones

Whereas, Ky Dele founded the Made Man Initiative five years ago, leading to the national award tour that began last year, which has already showcased over 300 role models and resulted in over 13,000 suits donated, of which five were mine, offered mentor workshops for over 2,000 men, and sponsored over 5,700 applications to HBCUs; and

Councilman Johnson

Whereas, Ky Dele utilizes her professional expertise, clinical skills, and lifestyle management for the greater good; and Whereas, Ky Dele brings life into the conception of unique productions while upholding the principle that giving back is a lifestyle and responsibility; Stated Meeting October 26, 2017 Whereas, Ky Dele is an avid believer in never turning a sky into a ceiling; now, therefore, be it

Councilman Green

Resolved, by the Council of the City of Philadelphia, that Council does hereby recognize Ky Dele, founder of the Made Man Initiative, for her work inspiring, educating, and outfitting underserved men. Further resolved, that an engrossed copy of this resolution be presented to Ms. Dele, evidencing the sincere admiration and respect of this legislative body. Introduced by myself as well as Councilmembers Kenyatta Johnson and Curtis Jones and supported by all members of City Council. (Applause.)

Council President Clarke

And the Chair recognizes Ms. Dele for remarks.

Ms. Dele

Well, thank you. Stated Meeting October 26, 2017 honor. Hi, Cherelle. Alumni. Yes. Yes. Well, this year it's been quite a journey. We have actually honored over 600 African American male leaders nationally, collected over 18,000 suits, sponsored over 5,800 students to apply to HBCUs, and mentored over 300 students, and none of it could have been done without gentlemen like these Councilmen that answer the phone calls, help us donate the suits, come and get honored and give back and not make it about them, but overall the legacy of fulfilling the community and serving underserved men all over the country. We are going international next year to eight countries in Africa. So we really, really take this to heart when you take the moment to give me this award. This motivates me to continue the great work we're doing out here. None of this is about me. It's about these men Stated Meeting October 26, 2017 make this work. I'm from Philly. This is such an honor. I'm just really humbled. Thank you so much. (Applause.)

Council President Clarke

Council will be at ease. (Council at ease.)

Council President Clarke

Thank you very much. That concludes our presentations. And our next order of business is communications, and the Chair requests that the Sergeant-of-Arms delivers the messages from the Mayor to the Chief Clerk. Mr. Decker, would you please read those messages.

Chief Clerk

To the President and members of the Council of the City of Philadelphia, pursuant to Sections 4-604 and 2-307 of the Home Rule Charter, I am today transmitting to the Council the recommendation of the City Planning Stated Meeting October 26, 2017 bills: Bill Nos. 170596, 170713, 170720, 170793, 170802, 170803, 170818, 170819, 170820, 170821, 170823, 170824, 170825, and 170856. And I am pleased to advise you that on October 25, 2017, I signed all of the bills which were passed by Council at its session on October 12, 2017. And I am submitting herewith for the consideration of your honorable body an ordinance approving the plan, estimated costs and proposed method of assessment and charges of the Center City District for and concerning business improvements and administrative services to the central business district of the City of Philadelphia for 2018 through 2022; amending an ordinance (Bill 1069, approved November 2, 1990, as amended by Bill No. 960631, approved November 25, 1996, and as further amended by Bill No. 120800, approved December 21, 2012) adopted pursuant to the Municipality Stated Meeting October 26, 2017 Authorities Act of 1945, as amended, in order to add the central business district area to be served by the Center City District the surface area of property more commonly known as the Viaduct Rail Park; and approving estimated costs for debt service through 2045; all under certain terms and conditions.

Council President Clarke

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

Chief Clerk

I have none, Mr. President.

Council President Clarke

Thank you very much. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Mr. President. Today I offer four privileged resolutions on behalf of Councilwoman Blondell Reynolds Brown and Stated Meeting October 26, 2017 one for myself.

Council President Clarke

Thank you, Councilwoman.

Councilwoman Blackwell

Thank you.

Chief Clerk

A privileged resolution recognizing the Service of Women Veterans in the United States of America and the Extraordinary Contributions of the Women Veterans Center.

Council President Clarke

This week's Calendar.

Chief Clerk

And a privileged resolution recognizing October 22, through 28, 2017 as Lead Poisoning Prevention Week in the City of Philadelphia.

Council President Clarke

This week's Calendar.

Chief Clerk

And a privileged resolution celebrating United Bank of Philadelphia on Occasion of the 25th Anniversary of Its Founding. Stated Meeting October 26, 2017

Council President Clarke

Again, this week's Calendar.

Chief Clerk

And a privileged resolution recognizing the 50th Anniversary of the Clean Air Council and the 35th Anniversary of Joe Minott's Service to the Organization.

Council President Clarke

And that will be this week's Calendar.

Chief Clerk

And a privileged resolution recognizing and honoring Joseph M. Starinieri for his service as an educator and for his passion and dedication for providing a quality education to underprivileged children.

Council President Clarke

This week's Calendar. The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Mr. President. On your behalf, I offer one resolution.

Council President Clarke

Thank you, Councilman. Stated Meeting October 26, 2017

Chief Clerk

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

Council President Clarke

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

Councilman Henon

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

Council President Clarke

Thank you, Councilman.

Chief Clerk

An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Cheltenham Avenue, Ditman Stated Meeting October 26, 2017 Street, Cottman Avenue, Ditman Street, Bleigh Avenue, Edmund Street, Cottman Avenue, Vandike Street, Robbins Street, Torresdale Avenue, Devereaux Avenue, and Hegerman Street.

Council President Clarke

And that bill will be referred to the appropriate committee. The Chair recognizes Councilman Jones.

Councilman Jones

Good morning, Mr. President. I have one privileged and one non-privileged resolution.

Council President Clarke

Thank you, Councilman.

Chief Clerk

A privileged resolution recognizing and honoring the UniverSoul Circus for 24 years of outstanding productions on a local and national level.

Council President Clarke

And that will be on this week's Calendar.

Chief Clerk

And a Stated Meeting October 26, 2017 non-privileged resolution calling on the Pennsylvania General Assembly to amend Section 412.2 of the Pennsylvania Election Code to increase the minimum compensation provided to election officers and workers, which has not been increased in decades.

Council President Clarke

Next week's Calendar. The Chair recognizes Councilman Johnson.

Councilman Johnson

Thank you, Council President. I have six privileged resolutions, one non-privileged resolution, and the very important privileged resolution introduced on your behalf regarding the safety and well-being of young people around guns. I know we lost a couple young people specifically in your district as recently as last week to the irresponsible use of handguns. Thank you, Council President, for your leadership.

Council President Clarke

Stated Meeting October 26, 2017 Thank you, Councilman.

Chief Clerk

A privileged resolution designating the week of Sunday November 12, 2017 through Saturday November 18, 2017 as Child Gun Safety Awareness week in the City of Philadelphia.

Council President Clarke

This week's Calendar.

Chief Clerk

And a privileged resolution honoring and recognizing Philadelphia Sunday SUN and its founder, Jerome "Jerry" Mondesire, on the occasion of the SUN's 25th anniversary.

Council President Clarke

This week's Calendar.

Chief Clerk

And a privileged resolution honoring and recognizing Claudia Sherrod for her dedication to improving her neighborhood, Point Breeze, on the occasion of her retirement as executive director of South Philadelphia H.O.M.E.S., Inc.

Council President Clarke

This Stated Meeting October 26, 2017 week's Calendar.

Chief Clerk

And a privileged resolution honoring and commending Chickie's and Pete's for 40 years as an iconic Philadelphia establishment.

Council President Clarke

This week's Calendar.

Chief Clerk

And a privileged resolution authorizing Council's Standing Committee on Transportation and Public Utilities to hold hearings on the PhilaPort Capital Investment Program and future development of the port.

Council President Clarke

This week's Calendar.

Chief Clerk

And a privileged resolution authorizing the Standing Committee on Legislative Oversight to hold hearings to examine progress in implementation of Tax Reform Commission recommendations, the impact of implemented recommendations, and further opportunities for enhancing the competitiveness of Philadelphia's tax Stated Meeting October 26, 2017 structure.

Council President Clarke

And that will be this week's Calendar.

Chief Clerk

And a non-privileged resolution appointing Blane Stoddart to the Board of Directors of the Philadelphia Land Bank.

Council President Clarke

And that will be on next week's Calendar. The Chair recognizes Councilwoman Quinones-Sanchez.

Councilwoman Sanchez

Thank you, Mr. President. No bills or resolutions.

Council President Clarke

Thank you, Councilwoman. And the Chair recognizes Councilman Green.

Councilman Green

Thank you, Council President. I have one privileged resolution.

Council President Clarke

Thank you, Councilman.

Chief Clerk

A privileged Stated Meeting October 26, 2017 resolution recognizing Ky Dele, founder of the Made Man Initiative, for her work inspiring, educating, and outfitting underserved men.

Council President Clarke

And that will be on this week's Calendar. And the Chair recognizes Councilwoman Parker.

Councilwoman Parker

Thank you, Mr. President. I have two bills.

Council President Clarke

Thank you, Councilwoman.

Chief Clerk

An ordinance terminating a no parking regulation on Ivy Hill Road between Mansfield Avenue and Hazelwood Drive (northeast entrance), south side.

Council President Clarke

Referred to committee.

Chief Clerk

And an ordinance establishing a one way regulation on Hazelwood Drive at Ivy Hill Road.

Council President Clarke

And that will be referred to committee. Stated Meeting October 26, 2017 And the Chair recognizes Councilman Domb.

Councilman Domb

Good morning, Council President. I have one privileged resolution today.

Council President Clarke

Thank you, Councilman.

Chief Clerk

A privileged resolution recognizing and celebrating the Crohn's & Colitis Foundation's 50th Anniversary as they honor the patients, caregivers, and professionals who strive to achieve a future free of Crohn's disease and ulcerative colitis.

Council President Clarke

And that will be on this week's Calendar. The Chair recognizes Councilwoman Gym.

Councilwoman Gym

Good morning, Council President. No bills or resolutions today.

Council President Clarke

Thank you, Councilwoman.

Councilman Taubenberger

I am Stated Meeting October 26, 2017 sorry.

Council President Clarke

No problem. The Chair recognizes -

Councilman Taubenberger

Mr. President, I am sorry, but I have two privileged resolutions. Thank you, Mr. President.

Council President Clarke

Thank you, Councilman.

Chief Clerk

A privileged resolution recognizing Drexel University and the Task Force Dragon Battalion of the Reserve Officer Training Corps for providing a veteran friendly community and producing quality leaders from the City of Philadelphia over the last 99 years.

Council President Clarke

And that will be on this week's Calendar.

Chief Clerk

And a privileged resolution honoring and recognizing the Pennsylvania Academy of Fine Arts for its over 200-year history of providing Philadelphia with exhibitions on fine Stated Meeting October 26, 2017 art, outstanding educational opportunities for artistic students, and for their fundraising abilities.

Council President Clarke

And that will also be on this week's Calendar. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Thank you, Mr. President. I have no bills or resolutions.

Council President Clarke

Thank you, Councilman. The Chair recognizes Councilman Squilla.

Councilman Squilla

Thank you, Mr. President. I have one bill and one non-privileged resolution.

Council President Clarke

Thank you, Councilman.

Chief Clerk

An ordinance approving the plan, estimated costs and proposed method of assessment and charges for the Center City District for and Stated Meeting October 26, 2017 concerning business improvements and administrative services to the central business district of the City of Philadelphia for 2018 through 2022.

Council President Clarke

And that will be this week's Calendar -- that will be referred to the appropriate committee.

Chief Clerk

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

Council President Clarke

And that will be on next week's Calendar. And the Chair recognizes Councilwoman Bass.

Councilwoman Bass

Good Stated Meeting October 26, 2017 morning, Mr. President. I offer one privileged resolution and one non-privileged.

Council President Clarke

Thank you, Councilwoman.

Councilwoman Bass

Thank you.

Chief Clerk

A privileged resolution authorizing the Committee on Public Health and Human Services to hold hearings on the Department of Human Services' Community Umbrella Agencies scorecard.

Council President Clarke

And that will be on this week's Calendar.

Chief Clerk

And a non-privileged resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Twelfth Ward of the City Stated Meeting October 26, 2017 of Philadelphia.

Council President Clarke

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

Councilman Oh

Thank you very much, Council President. I offer one bill, and may I be heard after the title is read?

Council President Clarke

Certainly. Thank you, Councilman.

Councilman Oh

Thank you very much.

Chief Clerk

An ordinance amending Section 9-627 of The Philadelphia Code, entitled "Commercial Establishments on Residential Blockfaces," by revising requirements and making related changes.

Council President Clarke

The Chair recognizes Councilman Oh.

Councilman Oh

Thank you very much, Council President. First, I'd like to say that I'm introducing for Stated Meeting October 26, 2017 consideration of our Council body an amendment. There's nothing wrong with the bill itself. Unfortunately, the bill has resulted in some problems, which I think an amendment, a clarification would help. And I would like to say that I think it is appropriate because unfortunately the way it has turned out, however it has happened, the City's enforcement of this bill is very discriminatory and unjust. This bill is being enforced by the police because L&I is not enforcing the bill. This bill is being enforced by the police because L&I has not written any regulations or process to enforce it fairly, and probably the entire process of enforcing the bill is illegal, probably. The bill is being enforced in commercial areas where the bill does not apply, and where it does apply, it is being enforced against businesses very unevenly and unfairly. It's being Stated Meeting October 26, 2017 enforced against some businesses and not others. In particular, 96 percent of the businesses that were closed and fined by the police were only Chinese take-out restaurants. That is very strange. The Chinese population in the City might be 1 percent, and 96 percent of the violations are against only Chinese take-out restaurants. People will say they're getting fined and closed by the police because they're doing something wrong, and that's the beginning of the problem. When the police go some place and do something, people assume those people must be doing something wrong. The next thing is when people say, well, I think they're being discriminated against but they deserve it, and we've heard that many times in our country. We've heard it with African Americans. We've heard it with LGBT. We've heard it with Irish Americans. We've heard it with Italian Americans, Stated Meeting October 26, 2017 with Jewish Americans, Muslim Americans. We could go down the line. The good news is, our country stands for values and the wonderful experiment that we can govern ourselves and the second experiment that all of us diverse people can do that fairly and appropriately within the democratic process. One of the things that I would like to say is that the double standard that has existed throughout the history of America is problematic, and I'm going to speak up about it just a little bit because it's often time not understood. I will have people say to me, well, you know the Chinese didn't participate in the Civil Rights Movement and, therefore, this is what they get. I will have other kind of statements like that, which is very grossly unfair and unsubstantiated, but let me start with this: In 1790, you could not be a Stated Meeting October 26, 2017 citizen unless you were a white man. Couldn't be. And in 1882, Congress passed a law that excluded the Chinese or anyone who looked Chinese from coming to the United States or becoming a citizen. That did not end until 1943. And we've had generations of Americans born in this country of Asian ancestry who could not vote, could not vote anyway, and they were forced to carry papers that proved where they lived. You could be born in America, a third generation, and you had to have papers to prove that you lived in a house somewhere in the United States or you would be deported. And I tell people the reason we have all these immigration laws that we're now talking about is not because of the Mexicans or the Muslims. It was because of the Chinese. The Chinese Exclusion Act excluded Chinese from coming to this country. And if you were a citizen, if you left this country, the federal government would not let you back in. And the United States Stated Meeting October 26, 2017 , and so we built up the southern border.

Councilman Oh

In 1871, in Los Angeles there was a mass lynching, which almost nobody heard of, nobody remembers, because it's not taught in the history books. Five hundred people went through the Chinese area of Los Angeles, going into homes, stealing property, stealing items, smashing things, and they took out 18 people, Chinese people, Chinese Americans, shot them and lynched them. But the law in Los Angeles, as in many parts of this United States, was that people of Chinese ancestry were not allowed to testify against white people. That's the history of our country. In 1910, Pittsburgh passed an ordinance. Fortunately the Mayor vetoed it. I think there were about 45 Councilmembers. Forty-three of them Stated Meeting October 26, 2017 voted for an ordinance that Chinese restaurants had to close earlier than any other restaurant and that women could not eat or work in a Chinese restaurant. That was 1910 in Pittsburgh. That was not unusual, because throughout the history of that time period from after and before the Civil War through that period of time, Chinese restaurants were competing with other restaurants, Chinese restaurants and Chinese laundries, because despite all the suppression, Chinese couldn't go to school, all the suppression, the Chinese found places where they could make money. Laundry and restaurants were one of those. And so the laws were passed throughout the United States that forbade women and others. The AFL in that time issued a statement to all the legislators that beer and noodles are the corruption of America. Beer and noodles. And so we have seen after that the Japanese who purchased farms lose all Stated Meeting October 26, 2017 their farms because they were the enemy in World War II, and so many of their children served in the United States military and were highly decorated in World War II. In 1982, Vincent Chin, a Chinese American who served in our military, was at a bar when two men approached him in Detroit and said, Because of you Japanese, we're unemployed. They started to beat him in the bar. He ran out. That's called a break in the action, for the lawyers. They chased him outside, beat him up some more. He ran away. They grabbed a couple of baseball bats from their car, chased him down the street and beat him to death in front of McDonald's. He was given probation, manslaughter, and the judge said, These are good people. The family reached out to all the civil rights organizations, and none of them responded, in part because of this problem: the model minority issue. Stated Meeting October 26, 2017 And so that issue arises because some people, typically identified as republicans, say look at the Asians, they're doing very well in our country, why do other people have a problem. And the other folks, typically democrats, say because they are light-skinned and they've received a lot of favoritism from white America. And we call them democrats. Well, neither is true. Both are very ignorant statements. Many Asian Americans face discrimination, poor education, health issues. They don't have insurance and things like that. Yes, some Asian Americans are doing well despite all these problems. And, again, they're not the only group of people. Women have not been able to vote, African Americans, Caribbean African immigrants, many people in our country. So it's a continuing issue of how we treat ourselves fairly and not rely on prejudice and unfounded statements. Stated Meeting October 26, 2017 Today, ALDEF, the Asian American Legal Defense and Education Fund, will serve the City with a letter to desist enforcement of this very unfair process. I thank the Mayor and the Police Department for the temporary suspension of the enforcement that is very selective and discriminatory. But it's not enough.

Councilman Oh

We do and should as a body amend this law to be clear and logical so that it serves its good purpose that it was written for. And I appreciate the members of this Council, yourself especially, Council President, for your leadership in always trying to ensure that our City leads the way in fairness and equity for all people. I will say that many of the people here today, they are struggling. Many of them don't have a great deal of education. They couldn't get a job anywhere else, just like the other people we talked about. They have to find a way Stated Meeting October 26, 2017 to earn money for themselves with the thinnest of margins. They make their money by not turning on the heat, they work 16 hours a day, seven days a week. That's how they do it, and these fines are not only illegal, they're crippling their businesses. So with that, I would ask everyone in Philadelphia, all fair-minded people and especially our legislative body and our Mayor, to ensure that our process is fair, that we send a message to the people that it is not okay to discriminate, and that we enforce the laws fairly and appropriately. Thank you.

Council President Clarke

Thank you, Councilman. (Applause.)

Council President Clarke

Thank you, Councilman. That bill will be referred to the appropriate committee. That concludes our introductions of bills and resolutions. Stated Meeting October 26, 2017 2ND READING We apparently don't have any reports from committee, so we will move towards the consideration of the Calendar. There are no bills on the First Reading Calendar today, so the Chair recognizes Councilman Henon for the purpose of calling up bills and resolutions on the Final Passage Calendar today.

Councilman Henon

Thank you, Mr. President. The following resolutions and bills are being called up for Second Reading and Final Passage Calendars today: Bill Nos. 170908, 170910, 170913, 170915, 170916, 170918, 170674-A, 170683, 170720, 170802, and 170724. All other resolutions and bills are being held.

Council President Clarke

Thank you very much, Councilman. Before considering these bills and resolutions that are on our Final Passage Calendar today, we will have our public comment session. It will go as Stated Meeting October 26, 2017 follows: If you have an interest in testifying on a bill or a resolution that is on the Final Passage today and you have not already done so, you sign up at the table to my left. When your name is called, you will go to the middle of the Council Chambers. There's a podium. On that podium there's a device. When that light turns green on that device, it will be your time to speak. When that light turns yellow, you will have 30 seconds to conclude your remarks. When that light turns red, we'd ask that you please adhere to our guidelines and conclude your remarks. Thank you very much for your anticipated cooperation. Mr. Decker, please call the first name of the individual on the witness list.

Chief Clerk

Lynn Robinson, commenting on 170908. (Witness approached podium.) Stated Meeting October 26, 2017

Council President Clarke

Good morning.

Ms. Robinson

Good morning. Can you hear me?

Council President Clarke

Yes.

Ms. Robinson

My name is Lynn Robinson. I'm a retired Philadelphia public school teacher. I'm the founder and Chair of Germantown Against the Gas Plants. Thank you for maintaining this democratic process of allowing public comment. I wish to begin with Resolution No. 170408 introduced by Councilwoman Reynolds Brown and Helen Gym, the resolution calling on and urging the School District of Philadelphia to permanently prohibit the suspension of elementary aged students from the first through fifth grades. This is an attempt at its root to protect young children from unfair racially discriminating punitive discipline and to rescue young people from the school-to-prison Stated Meeting October 26, 2017 pipeline. As a retired school teacher, I remember observing different reactions on the part of some teachers and principals toward students of color when they broke school rules. However, I would urge City Council to take some time with this and create a team of educators and parents to discuss in-depth what is making children misbehave or act out and disrupt classrooms, sometimes preventing any instruction for days, until they are suspended. The roots of negative school climate are multiple. We no longer have enough teachers of color in public schools, so black and brown students see very few role models that look like them. Why is school so difficult these days? One reason is that teachers are handed a child unfriendly curriculum designed to get results on standardized tests. Our schools are pressure cookers, partly because of large class size and Stated Meeting October 26, 2017 the promotion of competition between students. This leads to stigmas and pressures attached to quantitative, not qualitative individual evaluations. If City Council wants to suspend punitive punishments, please provide the alternative answers that actually work. Principals need options other than suspension before suspension is removed from their toolbox. If all public school students had fields to run in and garden to plant and ways to explore their innate talents in the same way that wealthy suburban students do, would we be talking about suspensions? If public school students in Philadelphia had clean air to breathe, clean water to drink, and healthy and delicious food to eat, a more comfortable and healthy student population would be less needy at the biological level. And this brings me to speak in support of Councilwoman Reynolds Brown's Resolution No. 170907, urging the Trump Stated Meeting October 26, 2017 Administration to rescind its decision to repeal the Clean Power Plan. In support of President Obama's Clean Power Plan, I challenge City Council to follow its intention at the local level. Please face and accept the science of natural gas -- the science of the natural gas process. Carbon dioxide is not the only climate changing gas, and coal is not the only dirty fossil fuel. Natural gas is not an acceptable fuel. If we want to reverse climate change and protect lungs, blood vessels, and brains, the natural gas process causes significant global warming due to methane leaks. I think I'm out of time. What I'm asking you to do is not allow SEPTA to build a polluting power plant on the border of Nicetown and East Falls if you really want to protect the students and children of this city.

Council President Clarke

Thank you. Thank you for your testimony, ma'am. Stated Meeting October 26, 2017

Chief Clerk

Sandra Fuller, commenting on 170908. (Witness approached podium.)

Council President Clarke

Good morning.

Ms. Fuller

Good morning. I stand here today in support of Resolution 170908, a resolution naming 1300 South 46th Street "Ruby Knight Way" in honor of the Woodland Avenue Community Historian and a beloved resident of the Woodland Avenue Community. Ruby Knight was a longtime resident of Woodland Avenue community. She died in October 16th, 2015 at the age of 89. Although Miss Ruby, as she was affectionately called, was born in Irwinton, Georgia, she moved to Philadelphia as an infant with her parents during the great migration from -- when five million southern blacks migrated to the north, beginning in 1915, to escape the Jim Crow era of the South. The family settled in a house Stated Meeting October 26, 2017 on St. Marks Street near 42nd and Woodland Avenue where they grew to include ten children. Miss Ruby was educated in Philadelphia public schools and graduated from Bartram High School, where she walked three miles to school and never missed a day throughout her entire years of schooling. Some said that that's why she knew so much, because she was always present. Ruby was widowed at an early age and began an early career at the Veterans Administration that lasted 30 years to support her young children, Frank, Martin, and Colette. It didn't take long before she was practically running the office, and if someone wanted to know something, well, they would just ask Ruby. Several years after her retirement from the VA, Ruby became restless and, at 65 years old, returned to the workforce as a teacher's assistant Stated Meeting October 26, 2017 for the Philadelphia Public Board, where she worked ten years. Her duties involved caring for infants of teen mothers after they returned to school. She took great pride in being an encouragement to the young mothers. Ruby was a member of the Mount Zion Baptist Church 50 years at -- I mean at 50th and Woodland Avenue for 74 years and was very active in church functions and clubs. She was a member of the Senior Guild Progressive Co-Workers and the History and Heritage Committee. She took pride in supporting the events surrounding the church's anniversary before her passing. Ruby's window to the world was her front porch. She was across the street from the neighborhood school, where she had attended 80 years previously. She enjoyed interfacing with children on their way to and from school. She seemed to know all the children, their siblings, their parents. Stated Meeting October 26, 2017 Ruby's knowledge of the Woodland Avenue community and its rich history was indisputable. She prided herself in the accuracy of the information and enjoyed sharing it with all those who were eager to listen. She was an avid supporter of the continuance of the Woodland Avenue reunion and all things enhancing Woodland Avenue heritage. As the Woodland Avenue quickly evolves, it is important and fitting that Ruby Knight's name be added to the street sign at 46th and Woodland Avenue to serve as a footprint and reminder of the people who lived in Woodland Avenue community prior to the transition and their rich heritage. Her family continues to live in that community and are active and an integral part of that community. Respectfully submitted. Thank you.

Chief Clerk

Brad Wilson, commenting on 170907. Stated Meeting October 26, 2017 (Witness approached podium.)

Mr. Wilson

Hello, everybody. I'm Brad Wilson.

Council President Clarke

Good morning.

Mr. Wilson

One thing to talk about, well, guys, don't get mad. It's not the issue here. What I came about is, everybody, I ride a bicycle to get around town. I ride a bicycle around town to get around. What I have is my old Schwinn Varsity my dad bought me when I was in high school. The bike is 40 years old. Everybody, this morning at exactly 8:20 I was hit by a car. It was a hit-and-run accident. Thank God I don't have serious injuries. My right knee is killing me. I'm dead in pain. August 31st at the same time -- they were both on a Thursday -- I was hit by a car again, and I have stitches in my eyes. My face had road rash for two weeks. My bike was almost damaged. I managed to Stated Meeting October 26, 2017 put it back together and start riding it last week. Now I'm hit and now I can't ride the bike again. Something needs to be done about the safety laws and rules and guidelines of riding a bicycle in the street. Each time I was hit, I was hit by a white car making a left turn --

Council President Clarke

Excuse me one minute, sir. Are you talking about the Clean Air Act?

Mr. Wilson

No, Darrell. It has nothing to do with your issues. It's the fact that we can't ride in the street safely, and I was hit by a car twice, Darrell.

Council President Clarke

Hold on one second. So you're supposed to talk about the issue on the Calendar today on a bill or resolution.

Council President Clarke

So you're not really talking about the Clean Air Act. Stated Meeting October 26, 2017

Mr. Wilson

No, I'm not. It's a safety issue.

Council President Clarke

I understand. No; I understand. And we're more than likely very shortly going to have a conversation around bike lanes. The guidelines say that you're supposed to talk about -- and people sometimes pay us no mind and all of that, right? But -

Mr. Wilson

Well, I mean, how else are we --

Council President Clarke

Well, I'm just saying it's not a free-flowing opportunity to talk about anything in the world. It's supposed to be about what's on the Calendar.

Mr. Wilson

But how else do I bring this issue to all of you, though?

Council President Clarke

You should go to a Councilperson, particularly a Councilmember -- a lot of Councilmembers are very interested in bike issues, safety, the whole nine Stated Meeting October 26, 2017 yards, and there is going to be very shortly an extensive conversation about -- matter of fact, I introduced some legislation -

Mr. Wilson

Well, the only Councilwoman I know is Ms. Blackwell around that.

Council President Clarke

Well, at some point she will be moving on that. But make sure we get your name and we're going to make sure you get invited to come in and talk about that. And if there's a specific issue relating to -and, unfortunately, sorry about what happened. We can just deal with that.

Mr. Wilson

All right.

Council President Clarke

Thank you, sir.

Chief Clerk

Michael Meng, commenting on 170907. (Witness approached podium.)

Mr. Meng

My name is Michael R. Meng, 7314 Devon Street, Philadelphia 19119. I'm here today to speak in favor Stated Meeting October 26, 2017 of the importance and necessity of this Council approving the resolution proposed by Councilwoman Reynolds Brown urging the executive administration in Washington to rescind its decision to repeal the Clean Power Plan. This decision on the part of the Trump Administration displays a mean and insensitive draconian indifference to the needs and well-being of hundreds of millions of people by prioritizing profit for long-established interests and an irresponsible national weakness for fast-profit speculation, both over intelligent respect for the long-term health of everyone in the U.S. and the wide variety of other species that we now know are always harmed by such human action. The weight of scientific evidence has made clear that half measures benefiting the status quo are not good enough. The U.S. has already begun turning from fossil fuel to Stated Meeting October 26, 2017 renewable energies. The City of Philadelphia must play a fully honest part by opting in favor of those hard choices that will make clear its honest commitment to be a part of the solution. Supporting this resolution is a minimal step in the right direction. It must be approved, and that approval must be given further real life in Philadelphia. Beyond that, there is an ever-wider variety of tangible options splaying out from a base commitment to the shift to renewable energy. Today the vast majority of those options are predominantly invisible in Philadelphia because of the lack of any plan built upon a true commitment to that shift. Not only should the City of Philadelphia approve Councilwoman Reynolds Brown's proposal, but it should legislate to establish its own plan and it should take the tangible steps open to it today by, for example, making certain that SEPTA's effort to build a Stated Meeting October 26, 2017 gas-powered generation plant in Nicetown is brought to a clean and final stop and that no other fossil fuel generation plants or infrastructure in the City get any listening for furtherance at all. Fossil fuel generation is anathema to human health. It is only bad faith denial prioritizing selfish and indifferent fear of loss that denies these things today, and it is only your true commitment to admitting this hard fact that can set yourselves aright as the necessary gatekeepers that you are occupying our city's common seats of power today. Thank you for your attention.

Council President Clarke

Thank you for your testimony, sir. (Applause.)

Chief Clerk

Joe Danihel, commenting on 170910, 170915, 170916, and 170918. (Witness approached podium.)

Council President Clarke

Good Stated Meeting October 26, 2017 morning.

Mr. Danihel

Good morning. This is an official decree of the people in writ of mandamus quo warranto and, as such, requires immediate action and remedy. Every week this Council, Mayor, and others transfer private property to the government, probably illegally. Every week this Council, Mayor, and others is notified of possible illegal and immoral acts committed by Council, Mayor, and others. Yet there is no action. U.S. legal defines depraved reckless indifference as to disregard the risks attending defendant's conduct. Council addressed crime with if you see something, say something. What law allows taking property without compensation? Should the people let the government become the legalized version of the criminals, as Jefferson warned against? Stated Meeting October 26, 2017 Did Congress set and General Accounting Office issue documents directing amounts of just compensation owed into Logan? Why is federal taxpayer money used as lawful redirected? What good is saying something if government refuses to prosecute violations? Is this how a sanctuary city acts against its own sovereign people? If violating one law one time would put average persons in jail, why is there no investigation and prosecution by federal or Commonwealth attorney generals? Is upwards of 100 million federal taxpayer dollars to be given to a contract to build a mall on my stolen home? The Constitution and laws require immediate remedy of this breach of law, breach of close, breach of fiduciary duties. Your oath of office requires you to act or face prison. 42 USC 1982, 1983, 1985, 1986, 1987, 18 USC 241, 242, 2381, 2384, PA Constitution, Stated Meeting October 26, 2017 Article I, Sections 1 through 11, 26 PA CSA 703, 705, 708, 709, 712, 713, 716, and other laws listed in SCOTUS 15-8965, 14-1330, 14-4056 appear violated. I call for the federal and Commonwealth governments to perform their constitutional obligation to investigate and prosecute all involved in the theft and illegal deed transfer of my home, 1038 West Wyoming. The denial of God-given 42 USC 1982 property rights for 23 years is egregious, extraordinary, oath-violating, and requires immediate remedy. A just government must obey the rule of law. This color of law government must have its Charter to govern revoked until a constitutionally compliant government is installed. Public servants cannot refuse their sworn duty to act any more than a fireman can refuse to fight a fire. The sovereign people require Constitution and laws be enforced. Stated Meeting October 26, 2017 10/26/17 - STATED - 2ND READING It takes a lot of cooperation to create and allow monumental corruption.

Council President Clarke

Thank you for your testimony, sir.

Chief Clerk

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

Council President Clarke

Thank you very much, Mr. Decker. We will now continue our Calendar, and if you will please read the title of 170908.

Chief Clerk

A resolution naming 1300 South 46th Street "Ruby Knight Way" in honor of the Woodland Avenue Community Historian and a beloved resident of the Woodland Avenue Community.

Council President Clarke

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Mr. President. I move for the adoption of the resolution. Stated Meeting October 26, 2017 10/26/17 - STATED - 2ND READING (Duly seconded.)

Council President Clarke

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

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it. 170908 is adopted. (Applause.)

Council President Clarke

Mr. Decker, 170910.

Chief Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Forty-Third Ward of the City of Philadelphia.

Council President Clarke

The Stated Meeting October 26, 2017 10/26/17 - STATED - 2ND READING Chair recognizes Councilman Greenlee.

Councilman Greenlee

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

Council President Clarke

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

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it. 170910 is adopted. Mr. Decker, 170913.

Chief Clerk

A resolution affirming the right of people with disabilities to technology and information access.

Council President Clarke

The Chair recognizes Councilman Green.

Councilman Green

Thank you, Council President. I move for the adoption of the resolution. Stated Meeting October 26, 2017 10/26/17 - STATED - 2ND READING (Duly seconded.)

Council President Clarke

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

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and 170913 is adopted. Mr. Decker, 170915.

Chief Clerk

A resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the New Kensington-Fishtown Urban Renewal Area, identified by house number and street address as 2610 Frankford Avenue.

Council President Clarke

The Chair recognizes Councilman Squilla.

Councilman Squilla

Thank you, Mr. President. I move for the adoption. (Duly seconded.) Stated Meeting October 26, 2017 10/26/17 - STATED - 2ND READING

Council President Clarke

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

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it. 170915 is adopted. Mr. Decker, 170916.

Chief Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Thirty-Ninth Ward of the City of Philadelphia.

Council President Clarke

The Chair again recognizes Councilman Squilla.

Councilman Squilla

Thank you, Stated Meeting October 26, 2017 10/26/17 - STATED - 2ND READING Mr. President. I move for the adoption of the resolution. (Duly seconded.)

Council President Clarke

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

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it. 170916 is adopted. Mr. Decker, 170918.

Chief Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Fifty-Ninth Ward of the City of Philadelphia.

Council President Clarke

The Stated Meeting October 26, 2017 10/26/17 - STATED - 2ND READING Chair recognizes Councilwoman Bass.

Councilwoman Bass

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

Council President Clarke

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

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it, and 170918 is adopted. Mr. Decker, 170674-A.

Chief Clerk

An ordinance amending Section 10-825 of The Philadelphia Code, entitled "Stun Guns," by further providing for the regulation of stun guns, also known as electric or electronic incapacitation devices.

Council President Clarke

This bill has been heard on two separate days. The question is shall the bill pass Stated Meeting October 26, 2017 10/26/17 - STATED - 2ND READING finally. Mr. Decker, call the roll.

Chief Clerk

Councilwoman Bass.

Councilwoman Bass

Aye.