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Minutes

Stated Meeting, December 2, 2004

Philadelphia City CouncilDec 2, 2004

People mentioned

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Organizations mentioned

Council President Verna

The Chair agrees. THE

Chief Clerk

And bill No. 040871, an ordinance amending Section 9-703 of the Philadelphia Code, entitled dance halls by changing the names of the license to a special assembly occupancy license, all under certain terms and conditions.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 040907, an ordinance amending Section 9-618 of the Philadelphia Code entitled "Sale of Spray Paint Containers, Indelible Markers and Etching Acid" all under certain terms and conditions.

Council President Verna

The Chair agrees. We do not have any bills on the Second Reading and Final Passage Ca lander to there any speeches on the part of the Minority? (No response.)

Council President Verna

Are there any speeches on the part of the Majority? The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. Madam President, I had the occasion earlier to speak about a great person and a great friend and his death. At this part of the session, I'd like to talk about a different type of death, the death of our young people in our City. There have been a variety of newspaper accounts recently about a public discussion and a debate with regard to school safety. We've had a number of Councilmembers through our legislative process take to this issue and try to raise awareness. There was just a hearing yesterday about our social service network and services provided to young Philadelphia, a resolution introduced by Councilwoman Reynolds Brown. I think another resolution came through today going to the same topic by Councilwoman Blackwell. The more public discussion over the course of the holiday continuing into one of today's papers is a discussion between the Mayor, the school CEO, and the Police Commissioner. And I will not make any particular opinion about that discussion. These are all recognized, highly regarded, hard-working public servants. They have a right to their views, and one day we'll get to the bottom of which way that debate should go. But what I'm more concerned about at the moment is as that debate plays out, the message that goes out to the citizens of this City and, more importantly, the young people, the discussion seems to go that it's possibly someone else's responsibility, depending on the speaker, as to what is to be done. Is it a school problem, is it a City problem, is it a problem out on our streets, is it an issue for the with, is it an issue for the school police officers to deal with? And if you're caught in the cross-fire, if you will, of that discussion, you could be confused as to is anyone responsible. This is not a problem just for the Mayor; it is a problem for all of us. It's not a problem for the school CEO; it's a problem for all of us. It's not just a problem for the Police Commissioner; it's a problem for all of us. And we have a collective responsibility in this regard. We can have a debate, but then we need to take action. I'm not sure what the right answer is at the moment. I think all the parties make their cases somewhat clear. I'd like to hear more information. But I think the bottom line is that our their young people and their parents and the citizens in general have a right to feel safe, whether going to school or not going to school, whether in the school building or a block or two away. We all end up dealing with the same constituents on the same issues at the same time. So it's a We are all responsible and we will all be held accountable regardless of what our positions are on the matter. Many years ago in this City, there was a meeting, a meeting attended by some of the greatest minds in the country. It was a long time ago. It was an all-male affair. There was a lack of diversity from a variety of standpoints, but those were not the issues of the day. But in this City, a group of people met. And they ultimately came up with a document called the Declaration of the Independence. We live by it today. We try to adjust to the changing times. I want to talk a little bit about that in the current context. Now, what they said then was, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

Councilman Nutter

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. " talk about the king of Great Brittain, George, and all his inadequacies. And they continue with, "This repeated history injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world. Let me reassure my colleagues that I'm not talking about changing our form of government. I love our form much government. I don't have any dispute with what we are trying to do to make things right in this City. But there is a body of evidence to indicate that there are some problems, and we all have a responsibility. I would submit these facts to the candid world: We have 28 young people under the age of 18 killed in this City this year, with a month to go. We read about these stories on an infrequent basis an as they happen over a period of time. If 28 people were killed in a day, it would be a national crisis. It's more than double the number of young people killed Columbine. And we see these stories and we read them and we shake our head and then we go on to conducting the business of the people. Well, I think that they need to be heard in a context. The first was on January 13, 2004. It was Maurice Brown, a 16-year-old black male; cause of death, gunshot wound; weapon, a handgun. On January 24, 2004, Gregory White, 17, a black male; cause, gunshot wound; weapon, handgun. January 25th, Alex Carl Morales, 15, white Morales, gunshot wound, handgun. February 11th, Faheem Thomas-Child, 10 years old, black male, gunshot wound, handgun. February 29th, Thiayanna Son, 10 years old, Asian, female, arson, fire. March 23rd, Ramone Valentine, 16 years old, black male, gunshot wound, handgun. March 23rd, Brelyn Seals, 5, black female, unknown cause of death. April 7th, Tyree Cohen, 17, black male, gunshot wound, handgun. April 10th, unknown name, white male, less than 1, blunt force trauma, unknown weapon. May 27th, Ruri Alston, 17, black male, gunshot wound, handgun. June 1st, Champaine Vessels, 16, black female, cutting; weapon, a knife. July 1st, Malik Upchurch, 15, black male, gunshot wound, handgun. July 23rd, Anthony Oliver, 14, black male, gunshot wound, handgun. July 25th, Josiah Cruz, less than 1, white female, gunshot wound, handgun. August 2nd, Miya Burrell, 3 years old, black female, blunt force trauma, hands. Ameri Walter, 7, black female, blunt force trauma unknown weapon. August 6th, Nicholas Busa, 17, black male, gunshot wound, handgun. August 16th, Tyrone Blue, 16, black male, gunshot wound, handgun. August 24th, Nicole Rielly, 15, white female, physical assault; weapon, a 24th, Luis Rivera, 3 years old, white male, blunt force trauma, unknown weapon. September 23rd, Lamont Adams 16, black male, gunshot wound, handgun.

Councilman Nutter

September 25th, Marquis Harris, 13, black male, gunshot wound, handgun. October 9th, Khadjah Nash, 10, black male, arson, fire. October 9th, Damir Jenkins, 1 year old, black male, arson, fire. October 9th, Tahj Porchea, 12, black male, arson, fire. October 9th, Sean Rodriquez, 15, black male, arson, fire. November 22nd, Jalil Speaks, 16, black male, gunshot wound, handgun. November 24th, Brian Fields, 17, black male, gunshot wound, handgun. Madam President, I'm just asking what are we prepared to do? What are we prepared to do? We're all elected leaders; many in room, others in other rooms, city, state federal. I talked about the meeting back a couple hundred years ago. Ultimately, there was action taken. We need a new meeting, not just to talk about the problems, because many of us know what the problems are; but we need to develop solutions and strategies and a new plan. I have less to worry about at 56th and Master or many other places in my district from the terroristic threat from across the ocean. And as we run around in somebody else's country, and we recognize and respect the men and women trying to do a job, I'm only asking what are we doing here? I don't have to worry about al Quida at 56th and Master. I'm worried about al Gangster. Osama bin Laden is not a big threat in most of the parts of my district. But I've got Osama bin Drug Dealers runing all over the place and all over this City. We have an Office of Homeland Security. Do we really feel that much more secure? responsibility. They're running around in Iraq looking for weapons of mass destruction. We have plenty of weapons of mass destruction right here in Philadelphia. Any teenager who wants one can get one, anywhere. Talk about terroristic threats. These are domestic terrorists who threatened our life, our liberty, and our pursuit of happiness. How can we talk about life with so much death? How can we talk about liberty when many of our constituents are afraid to come out of their houses? How can we talk about the pursuant of happiness with so death and destruction around us. So I'm only asking that we think about what the late Governor Bob Casey used to remind many of us. " We have a fair amount of power, not only in this body, we have a General Assembly, we have a Governor, we have an Attorney General for this state, we have a Congressional Delegation and a President of the United States. He says he's concerned don't see it. So I'm only suggesting to you, Madam President, that in the course of a year -- 11 months, with now 28 young people dead, that that kind of carnage taking place on a day, we'd have a city-wide, a county-wide, a southeastern Pennsylvania, a Commonwealth of Pennsylvania, we'd have a national strategy and plans to deal with these issues. We cannot allow this kind of activity to keep happening while the debate is "Who's responsible? " It's not just a school problem. It's not just a police problem. It's a problem for all of us. So I'm encouraging all of our leaders, elected, appointed, self-appointed, be whoever you want to be, let us try to collectively get together and come up with a plan somewhere in the next 90 days to address these particular issues. I know some discussions are underway. We all need to be a part that have dialog, not just read about it in the newspaper. I appreciate this time, Madam President, and I know it is much longer than normal. But these things were on my mind, and I think I have a responsibility to say something about them. Thank you very much. )

Council President Verna

Are there any other speeches on the part of the majority? The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Madam President, I concur with everything that my good friend and colleague Councilman Nutter has said. As you know, members of this body have been very aggressive and very vocal about this whole gun violence issue. We have several bills on our Calendar you reference every week that you think we will be holding them, and, in fact, we will hold them because the reality is that the discussions with the State Legislature has not been as fruitful as we would have like it to had a meeting with one of the leaders on the State Legislature as recent as two nights ago. Somewhat encouraging. The one thing that -- and I don't like to use the term -- disagree with my colleague in terms where we think the responsibility lies, but I do think we have a clear sense of where the responsibility lies. As recent as today, the State of Massachusetts and its Legislature have announced the first electronic fingerprinting program that will allow law enforcement to aggressively seek the purchaser of these weapons of mass destruction. As you know, in Virginia, years ago, a state that probably had more gun proliferation than any other state in the union, implemented a one gun a month program and has substantially reduced gun violence in that particular state. Los Angeles on its one implemented a one gun a month policy years and subsequently was followed by the State of California. I think it is time -- it is past Legislature to be proactive to implement some reasonable gun policy. I'm not against guns. I happen to own a couple of guns, and they are registered. In the event anybody wants to call the police, they are registered. I'm not against responsible people holding guns. But the reality is that the proliferation of these weapons has gotten out of hand. Recently, in the Daily News, there was a story that documented how individuals are using females to go in and purchase guns at 10, 20, 30 at the clip while the person was sitting outside who ultimately would have those weapons in their hands, sat there and waited until they brought those guns out and conveyed them, because there is no appropriate monitoring process in place to determine where those weapons are going. So along with my good friend and colleague Councilman Nutter, we should get together and we should focus on a strategy. But in all due respect, I'm tired of all of the summits. I'm tired of all of the marches. of the meetings. I think we know where the responsibility lies. The responsibility lies with the General Assembly and the Governor who has supported the one gun a month as a Mayor. That's where the responsibility lies. And I think it's time for them to step to the plate and take some action so we can stop this violence not only in our school but throughout the City of Philadelphia. Thank you, Madam President.

Council President Verna

You're welcome. Are there any other speeches on the part of the Majority? The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. I first need to say thank you to Councilman Nutter for acknowledging yesterday's hearings wherein we had everyone from frontline service providers to the Commissioners from both DHS, Health Department, Rec Commissioner and others. And I need to underscore Councilman Nutter's challenge in that one revelation out of those hearings is that it will require a collective will. No single government agency can single handedly make a different in what Councilman Nutter has eloquently outlined. So I will go on record to say to you and to Councilman Nutter and Councilman Clarke, because we actually got into a heavy conversation around the issue guns with Members of Committee and District Attorney Lynne Abraham, and make it clear that a collective will is required. It can no longer be an option and that I stand ready to join with Nutter, Clarke, and others who want to look at the transcript, which was only a beginning, and work through a strategy we think may begin to make a difference in the number of lives we see lost on the streets for no good reason. Thank you, Madam President.

Council President Verna

You're welcome. Are there any other speeches on the (No response.)

Council President Verna

Seeing none, the Chair recognizes Councilman Councilwoman Blackwell for a motion to.

Councilwoman Blackwell

Thank you, Madam President. I move that Council stand adjourned until Thursday, December 9, 2004, at 10:00 a.m. (Duly seconded.)

Council President Verna

It has been moved and seconded that Council stand adjourned until Thursday, December 9th at 10:00 a.m. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, the motion carries, and Council stands adjourned until Thursday, December 9th. Thank you. (Council adjourned at 11:45 a.m.) C E R T I F I C A T I O N. I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, December 4, 2004, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING _________________________ Lisa C. Bradley, RPR