Stated Meeting, November 13, 2003

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, November 13, 2003 10:30 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANGEL L. ORTIZ COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670

Good morning. I note that the hour has come and that a quorum of this Council is present. Council will come to order. Members will please take their seats. To give our invocation this morning, the Chair welcomes Pastor Robert Johnson of the New Life Temple Greater Highway Church of Christ. All members and guests will please rise.

Let us pray. Oh, Heavenly Father, we thank you for the opportunity to gather here in this Chambers once again. I ask, oh God, that you provide guidance to the members of this legislative body and that they may carry out their responsibilities of this great City. I also ask that you guide the members of Council staff that they may continue to provide the information that is necessary for its members to make sound decisions that will affect the lives of this great community. May the blessing of the almighty God be upon us and keep us in these troubled times. These blessing and all other favors we ask in Jesus' name. Amen.

The Chair Johnson for his very inspiring invocation. (Council at ease.)

The next order of business is the approval of the Journal of the meeting of Thursday, October 30, 2003. The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move that the Journal of the meeting Thursday, October 30, 2003, stand approved. (Duly seconded.)

It has been moved and properly seconded that the Journal of the meeting of Thursday, October 30, 2003, stand approved. All in favor will indicate buyer saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it. The motion carries. The Journal of the meeting of Thursday, October 30, 2003, is approved. order of business is request for leave of absence. The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. There are no requests for leaves of absence on the part of the majority.

The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.

Madam President, the Minority Leader and Minority Whip are both present.

Thank you. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all Members of City Council, I welcome you to this Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. We certainly invite you to come again. At this time the Chair is pleased to recognize Councilwoman Miller.

Thank you, Madam Council to welcome Mr. Tae-Suk Oh. He's a visiting researcher from Incheon, Korea, our sister city. Mr. 0h has a Master's Degree in Public Administration and has done some studying here at the University of Penn and currently is taking an English course at Montgomery County Community College. Mr. Oh has been Vice Mayor of Incheon Metropolitan City in Korea and also Secretary General of Incheon Metropolitan City Council. He's been in my office for two weeks. I met him, actually, when I went to Korea and we've had a really good time there and he's very interested in Philadelphia City Council and the Home Rule Charter and other things.

Mr. Oh, we welcome you. (Applause.)

The next order of business is communications. The Chair request that the Sergeant-at-Arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the THE

To the President and Members of the Council of the City of Philadelphia, I am pleased to advise you that on November 13, 2003, I signed all of the bills that were passed by Council at its Session on October 23, 2003. And I am transmitting herewith for the consideration of your Honorable Body the following: A resolution approving the action of the Boards of Philadelphia Industrial Development Corporation and the Philadelphia Authority for Industrial Development to sell Parcel F12 in the Eastwick Urban Renewal Area. And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for redevelopment and urban renewal of a portion of the Model Cities Urban Area. And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of Haddington Urban Renewal Area. And an ordinance to authorize the Water the City to enter into an agreement with the owner of the property at 5400 City Line Avenue. And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 384 by widening South Hampton Road. And an ordinance to authorize the Water Commissioner on the behalf of the City to enter into an agreement owner of the properties and its successors of a private street known as Anthony lane. And an ordinance authorizing the revision of lines and grades on a portion of City Plan 152 by striking from the City Plan and vacating Regent Street from 67th Street to 66th Street. And an ordinance authorizing the Commissioner of Fairmount Park and the Commissioner of Public Property on behalf of the City of Philadelphia to transfer two certain lots or pieces of ground situate in the vicinity of McNulty and Townsend Roads.

Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any AND RESOLUTIONS other communications in her possession. THE

That's all I have, Madam President.

Thank you. The next order of business is introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell for a motion.

Thank you, Madam President. I move that the Rules of Council be suspended so as to permit the immediate consideration of resolutions at their time of introduction. (Duly seconded.)

It has been moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor of the motion will indicate by saying aye. (Aye.)

Those opposed? (No response.) AND RESOLUTIONS

The ayes have it, and the motion carries. The Chair recognizes Councilman Kenney.

Thank you, Madam President. I have no bills or resolutions today.

Thank you. The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. Today I introduce one bill and two resolutions on my behalf, and three bills and two resolutions on your behalf.

Thank you. The clerk will please read the title of first bill. THE

An ordinance amending Title 14 of the Philadelphia Code entitled "Zoning and Planning," a new Section 14-1628, entitled "District Special Controls," prohibiting certain uses in relation to the sale malt and brewed beverages, under certain terms and conditions.

The bill will be referred to the appropriate committee. THE

And an ordinance AND RESOLUTIONS authorizing the revision of lines and grades on a portion of City Plan No. 152 by striking from the City plan and vacating Regent Street from 67th Street to 66th Street.

This bill will be referred to the appropriate committee. THE

And an ordinance authorizing the revisions of lines and grades on a portion of City Plan No. 46S of an area bounded by 20th Street Pattison Avenue, Pennrose Avenue and Hartranft Street.

The bill will be referred to the appropriate committee. THE

And an ordinance authorizing the paving the Reserve Boulevard, Tuscany Drive, and Capri Drive, under certain terms and conditions.

The bill will be referred to the appropriate committee. The Clerk will please read the title of the first resolution. THE

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority AND RESOLUTIONS deeds located in the 36th Ward of the City of Philadelphia.

The Chair recognizes Councilwoman Blackwell.

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

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

Those opposed? (No response.)

The ayes have it, and the resolution has been adopted.. THE

A resolution approving the action of the Boards of Philadelphia Industrial Development Corporation and the Philadelphia Authority for Industrial Development to sell parcel F12 in the Eastwick Urban Area, Stage A.

The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move for the adoption. AND RESOLUTIONS (Duly seconded.)

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

Those opposed? (No response.)

The ayes have it, and the resolution has been adopted. THE

A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia which includes inter alia the redevelopment and urban renewal of a portion of the West Philadelphia Redevelopment Area.

The Chair recognizes Councilwoman Blackwell.

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

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

Those opposed? (No response.)

The ayes have it, and the resolution has been adopted. THE

And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia which includes development and urban renewal of a portion of the West Philadelphia Redevelopment Area.

The Chair recognizes Councilwoman Blackwell.

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

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

Those opposed? (No response.)

The ayes have it, and the resolution has been adopted. AND RESOLUTIONS The Chair recognizes Councilwoman Krajewski.

Madam President, I offer one bill.

Thank you. The Clerk will please read the title of the bill. THE

An ordinance amending Section 2 of an ordinance, Bill No. 020429, approved November 13, 2002, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 258 by striking from the City Plan and vacating Brill Street from Torresdale Avenue to Harbison Avenue.

The bill will be referred to the appropriate committee. The Chair recognizes Councilman Mariano.

One bill, two resolutions.

The Clerk will please read the title of the bill. THE

An ordinance establishing a no truck parking regulation on Friendship Street between Dorcas Street and Algon AND RESOLUTIONS Avenue.

The bill will be referred to the appropriate committee. THE

And a resolution authorization the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 19th and 37th Wards of the City of Philadelphia.

The Chair recognizes Councilman Mariano.

I move for the adoption. (Duly seconded.)

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

Those opposed? (No response.)

The ayes have it, and the resolution has been adopted. The Clerk will please read the next resolution. AND RESOLUTIONS THE

A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Mode Cities Urban Renewal Area.

The Chair recognizes Councilman Mariano.

I move for the adoption. (Duly seconded.)

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

Those opposed? (No response.)

The ayes have it, and the resolution has been adopted.

The Chair recognizes Councilman Cohen.

Madam President, I have no bills or resolutions. AND RESOLUTIONS

The Chair thanks the gentleman. The Chair recognizes Councilwoman Tasco.

Madam President, I offer two resolutions.

The Clerk will please read the title of the resolution. THE

A resolution requesting President Bush and Congress to fully fund the 21st Century Learning Center Program in the Fiscal Year 2005 budget as previously authorized by the No Child Left Behind Act of 2001.

The Chair recognizes Councilwoman Tasco.

I move for the adoption of the resolution. (Duly seconded.)

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

Those opposed? (No response.) AND RESOLUTIONS

The ayes have it, and the resolution is adopted. THE

And a resolution recognizing November 18th as the National Prematurity Awareness Day.

The Chair recognizes Councilwoman Tasco.

I move for the adoption of the resolution. (Duly seconded.)

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

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. The Chair recognizes Councilwoman Miller.

Thank you, Madam President. I offer one bill.

The Clerk will please read the title of the bill. AND RESOLUTIONS THE

An ordinance authorizing the striking from City Plan No. 178 and abandoning of a certain right-of-way for drainage purpose which lies between Ogontz Avenue and Belfield Avenue, all under certain terms and conditions.

The bill will be referred to the appropriate committee. The Chair recognizes Councilman Nutter.

Thank you, Madam President. I offer two bills.

Thank you. The Clerk will please read the title of the first bill. THE

An ordinance authorizing the Water Commissioner on behalf of the City enter into an agreement with the owners of the properties and their successors of a private street known as Anthony Lane located at 8816 Ridge Avenue.

The bill will be referred to the appropriate committee. THE

And an ordinance to authorize the Water Commissioner on behalf of the City to enter into an agreement with the owner the AND RESOLUTIONS property of 5400 City Line Avenue.

This bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.

Thank you, Madam President. I offer no bills or resolutions this morning.

The Chair thanks the Councilwoman. The Chair recognizes Councilman Goode.

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

Thank you. The Chair recognizes Councilman Ortiz.

Thank you, Madam President. I have two resolutions.

The Clerk will please read the title of the first resolution. THE

A resolution supporting FCC action to ensure improved public safety communications for the City of Philadelphia.

The Chair recognizes Councilman Ortiz.

I move for the AND RESOLUTIONS adoption of the resolution. (Duly seconded.)

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

Those opposed? (No response.)

The ayes have it, and the resolution has been adopted. THE

And a resolution calling upon a variety of public officials and decision-makers to monitor, review, and revise the proposed free trade agreement of the Americas to ensure that the public services, regulatory powers and the procurement policies of local governments are preserved.

The Chair recognizes Councilman Ortiz.

I move the adoption of the resolution. (Duly seconded.)

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

Those opposed? (No response.)

The ayes have it, and the motion carries. (Applause.)

The Chair recognizes Councilman DiCicco.

Thank you, Madam Chair. I offer two bills and three resolutions.

Thank you. The Clerk will please read the title of the first bill. THE

An ordinance authorizing Thomas Jefferson University, Suite 2100, 130 South 9th Street, its successors and assigns to construct, own and maintain an underground conduit duct bank connecting three hospital campus buildings in the vicinity of 10th and Walnut Streets.

The bill will be referred to the appropriate committee. AND RESOLUTIONS THE

And an ordinary to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Allegheny Avenue, Collins Street, Westmoreland street and Tulip Street.

This bill will be referred to the appropriate committee. I would ask Clerk please read the title of the first resolution. THE

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 1st and 31st Wards of the City of Philadelphia.

The Chair recognizes Councilman DiCicco.

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

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

Those opposed? (No response.)

The ayes have it, and the resolution has been adopted. THE

And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 2nd and 39th Wards of the City of Philadelphia.

The Chair recognizes Councilman DiCicco.

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

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

Those opposed? (No response.)

The ayes have AND RESOLUTIONS it, and the resolution has been adopted. THE

And a resolution approving the redevelopment contract of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Washington Square West Urban Renewal Area.

The Chair recognizes Councilman DiCicco

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

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

Those opposed? (No response.)

The ayes have it, and the resolution has been adopted.

The Chair recognizes Councilman O'Neill.

Madam President, I AND RESOLUTIONS offer two bills by request.

Thank you. The Clerk will please read the title of the first bill.

An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 384 by widening Southampton Road approximately 12 feet or the southwesterly side.

The bill will be referred to the appropriate committee. THE

And an ordinance authorizing the Commissioner of Fairmount Park and the Commissioner Public Property on behalf of the City of Philadelphia to transfer two certain lots or pieces of ground situate in vicinity of McNulty and Townsend Roads.

This bill will be referred to the appropriate committee. THE

The Chair recognizes Councilman Clarke.

Thank you, Madam President. I have one resolution and one bill.

Thank you. AND RESOLUTIONS The Clerk will please read the title of the bill. THE

An ordinance amending Bill No. 990728, approved December 6, 1999, entitled an ordinance authorizing the Commissioner of Public Property to convey to the Redevelopment Authority of the City certain premises located at 1823-35 Callowhill Street.

The bill will be referred to the appropriate committee. THE

And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 16th and 29th Wards of the City of Philadelphia.

The Chair recognizes Councilman Clarke.

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

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

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Rizzo.

Madam President, no bills or resolutions today.

The Chair thanks the question. There are no reports from Committee. Therefore, the next order of business will be the consideration of the Calendar. The Clerk will please read the bill on the First Reading Calendar. THE

Bill No. 030488, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Snyder Avenue, Vandalia Street, the former McKean Street and Christopher Columbus Boulevard.

The Chair agrees. 11/13/03 - STATED - 2ND READING & FINAL PASSAGE That concludes the First Reading Calendar. The Chair now recognizes Councilwoman Blackwell for the purpose of calling up bills on the Second Reading and Final Passage Calendar to be considered today.

Thank you, Madam President. Today Bill Nos. 000657, 030395, 030564, 030565, 030566, 030644, 030657, 0303658, 020477, 020478, 030424, 030427, 030554, 030616, 030643, 030646, 030655, and 030661 are being called up for second reading and final passage. All other bills are being held.

Thank you. The Clerk will please read the title of Bill No. 000657. THE

An ordinance amending Chapter 10-1200 of the Philadelphia Code entitled "Posting of Temporary Signs," by amending Section 10-1202 to prohibit the placement of temporary signs and political campaign posters upon public utility poles, street lights, and various other public fixtures without the owner's permission, subject to certain terms and conditions. 11/13/03 - STATED - 2ND READING & FINAL PASSAGE

Thank you. The Chair recognizes Councilman Mariano.

Thank you, Madam President. Real quick on this bill. I've held this for a while. The big elections are over so hopefully everyone will vote for it. I haven't really been lobbying. I know some people in Council aren't crazy about it. But I've got to tell you, there's nothing draconian about that. Is that the right word, Mark McDonald? Draconian, with a C? I'm learning, I'm learning. With that new salary I'm going to learn bigger words. Thank you. In all seriousness, this is a bill that -- with us as leaders, with us as legislators, how can we tell someone that their business can't put a sign up? And the Managing Director's been spending a lot of time and money on trying to take these signs down. It's like a drug. If my opponent has signs up, I want to put up a hundred more signs. If they put up 200 signs, I want to put up 400. The only one making money out of this are the people printing up the signs. There will still be signs. 11/13/03 - STATED - 2ND READING & FINAL PASSAGE You can still put signs in your window, your neighbors, your supporters on their lawns. In my neighborhood where they don't have lawns, you can fasten them to your front gate. But that's all this is about. There's no big secret. We're just trying to make sure we as legislators -- or I'm trying to make sure that we're sending the right message. It is a form of graffiti, and that's all it is. We cannot tell the people with weight loss bills or computer fixers that they can't do it if we're going to do it. So I would ask my people to reach down into the cockles of their hearts -- McDonald, "cockles," is that good in this -- and vote with their conscience, not with their fear. There's no big surprises around here. Let's step forward into the new millennium and show everyone that we are seriously trying, I mean it, seriously trying to lead here and let everyone know that we're just trying to do the right thing. They're ugly, they're terrible even if they have my name on them. You can go up on the Boulevard, there are still probably some of mine sitting on the Boulevard. Hopefully, they'll be down within the next two weeks. 11/13/03 - STATED - 2ND READING & FINAL PASSAGE Please find it in your heart to vote for this bill. Thank you

Thank you. Councilman Cohen, do you wish to be recognized?

Yes, I do. In direct opposition to Councilman Mariano, I think we ought to preserve at this time the tradition that any person who wishes to be a candidate for office has the right to tell his story or her story without having to raise enormous raise sums that are raised today in political campaigns. I think this is a tradition that ought to be maintained. There are all kinds of ugly signs around Philadelphia, but I find the least ugly the effort of people to improve government. As an incumbent, naturally I always prefer individually never to have an opponent, but that's never happened. To other district councilmembers, sometimes it happens, sometimes it doesn't. But let's be gracious in our victory as Councilmembers and leave the doors open to other people who have different views than we have to run for office. A poor person can't afford a lot of advertising, particularly in the first or second 11/13/03 - STATED - 2ND READING & FINAL PASSAGE campaigns. Therefore, I think we ought to maintain this. I don't think that this is a time to try to clean up the City on this issue when we have really important issues to clean up the City, like cronyism and that kind of thing that are going to face Philadelphia, perhaps constantly over the last to years. So I suggest leave this situation alone. Let people in Philadelphia be free to run for office, as many of them as we can. Philadelphia needs good public officials, and this is a step in that direction. Thank you, Madam President.

You're welcome. The Chair recognizes Councilman Nutter.

Before you start, Councilman.

Sure.

I said that the signs are ugly. With the exception of the one with Councilwoman Brown's picture on it, they're ugly. Hughy brought that to my attention. Thank you. (Laughter.)

The Chair 11/13/03 - STATED - 2ND READING & FINAL PASSAGE recognizes Councilman Nutter.

I don't think there will be any debate on that. Madam President, I wish to interrogate the sponsor of the bill and ask if he would submit to questions.

Yes, I would, Councilman, without an attorney present.

Madam President, I wish if the sponsor could explain to us the specific location of the cockles? (Laughter.)

And if not appropriate at this time, if he would share that with us in a private moment I would deeply appreciate it.

I certainly will, Councilman.

Thank you. On a more serious note. There have been discussion about this issue from time to time over the years, and I've had a particular view that we as elected officials should certainly be mindful -- and I think this is the point that Councilman Cohen 11/13/03 - STATED - 2ND READING & FINAL PASSAGE touched on. We should always be mindful that the process is as open to people as possible, especially any, quote/unquote, challengers. Now, all of us have been challengers at some point in time. And certainly, one of the easiest, most cost-efficient ways to get your message out is through the political poster. The issue here is, I believe, one about location. And in the past, I have certainly plastered the 4th Councilmanic District on posters on poles and then we engaged in massive efforts to ask the same people who put them up to take them down and return them to us. And we've even paid people to do or put a bounty on posters and all that kind of stuff. At the same time, over the past few years, I've also decided not to use posters and that there are other ways, certainly, to get a message out. But I did notice in the course of this last campaign that there was an increase usage, for whatever reason, in Philadelphia of lawn signs and signs in the windows of peoples' homes and windows of their businesses. And it seems to me that we do have an issue about how the posters are being used, when they go up, when they come down, in instances 11/13/03 - STATED - 2ND READING & FINAL PASSAGE if ever. So I don't necessarily think anymore that there is a barrier to entry in the political market just because you might not be able to put a poster on a pole. They can go on people's lawns. They can go in the homes of individuals who actually want them there. Many people have been put in a situation where they happen to have a telephone or pole some other pole or device outside their home and the next thing they know, they go to bed one night and wake up with somebody's poster on it, whether they like that person or not. Then we have the fine Philadelphia tradition of poster wars where one candidate puts the posters up and the other candidate comes along and takes the posters down, and we engage in all of that activity which is, I'm sure, very amusing to the public. It seems to me in the last campaign, the proliferation of the lawn signs and the signs in people's home is the actual true meaning that people care about what's going in the election and that they actually support the particular candidate, 11/13/03 - STATED - 2ND READING & FINAL PASSAGE because you at least know that that person decided to put that poster in their house or in their business as opposed to all over the public landscape. So I actually will be supporting this particular bill. I think the time has come to try to clean up the visual landscape. And the political posters basically only happen twice a year, although some seem to last forever. There are a million other crazy, illegal signs out in the public landscape that have nothing to do with anything, and our citizens actually complain, I think, more about them than any other signage that's out there. But I think Councilman Mariano raises an important point. It is difficult to stop the one form of that poster activity if we're engaged in it as well. So in a post-election environment, it may actually be the time to take some serious action on it. I have no interest in trying to limit anyone's ability to enter into the political foray. It is, again, very cost efficient to buy a bunch of 11/13/03 - STATED - 2ND READING & FINAL PASSAGE posters and get them out. And so the same people who are putting them up on the poles, those same individuals can certainly go throughout the neighborhood and ask a resident to put that sign in the home window or in the business, and you will still know that someone is running for office and that they are accessing the political process. Thank you, Madam President.

You're welcome. The Chair recognizes Councilwoman Tasco.

Thank you, Madam President. When this bill was introduced sometime ago, I had some concerns about it and I thought that I might not support it, but I will be supporting this bill. I have received numerous complaints from constituents in my district about the signs in the community and it's someone who is certainly concerned about the issue of predatory lending. We see signs that could lead to predatory involvement of people in the community, and they want me to take them down. I say, why don't you take it down. They just look at me. But I say, "Just take it down." But in any case, I think this is a good way to begin to control the proliferation of signs. 11/13/03 - STATED - 2ND READING & FINAL PASSAGE And if you cross Cheltenham Avenue from my district and go into Montgomery County, you don't see poles covered with posters. There are lawn signs. And I agree with Councilman Nutter, anyone supporting a candidate can put the sign in the window or put it on the lawn and it's much more effective. It's just about 4 or 5 percent of the overall total of what you do for a campaign, as Councilwoman Miller has told me. So I will be supporting this bill, because sometimes people don't know a pole from a tree and you find a lot of these posters on trees and it's just an ugly sight. So I will be supporting this bill.

Thank you. The Chair recognizes Councilman Goode.

Thank you, Madam President. I will be supporting this bill as well, and I'll be very brief about why. The whole notion that you can actually deliver a message on a poster that is effective, I think is a false argument. The truth of the matter is, if you're using political campaign posters -- I have an example. This is a palm card, which is also 11/13/03 - STATED - 2ND READING & FINAL PASSAGE a poster. The most effective way to do it is to put as little as possible on there. And so the truth of the matter is that what we contend in terms of adding more information delivering a message to the voters is a false argument. The truth of the matter is that in order effectively advertise politically, you put as little information as possible. So I don't believe that by postering the City you're actually delivering a message to the voters. You're just advertising.

Thank you. Again, the Chair recognizes Councilman Cohen.

I think one of the things that I hate to see most is incumbents try to protect their positions. They use all sorts of ways to avoid competition. Philadelphia is a city that needs a lot of competition for a political office. As I said earlier, it's never pleasant to face competition, but that's the way we're going to get the best kind of political representation. I don't think the answer to the problems that Philadelphia faces today lies in incumbents trying to shut out the rest of 11/13/03 - STATED - 2ND READING & FINAL PASSAGE the world, nor do I think it lies in the direction of abridging rights of citizens. Citizens need more rights, not fewer rights. The signs I find obnoxious are, "If your television needs repairs, call so-and-so" or "So-and-so is an excellent carpenter." Signs like that are on many of the poles. The City does nothing about enforcing it. The City ought to enforce the laws that exist, including the laws that exist about campaign posters. There are time limitations. They ought to be followed, and the City ought not to as a governmental unit have the right to say to people, "Well, it's too time consuming. We don't think you were wise in passing this permission originally, therefore, we're going to take away the rights of citizens." Too much rights are being abridged these days. What we need is an expansion of citizens' right, not as abridgement of them. Therefore, I am strongly opposed and will be voting no on this bill.

Thank you. The Chair recognizes Councilman Clarke.

Thank you, Madam President. Madam President, actually, to be 11/13/03 - STATED - 2ND READING & FINAL PASSAGE contrary to some of my colleagues reference to whether or not political posters count, I must say that the first time I ran for office, I strategically selected the color of green, as former Councilwoman Gussie Clark had such a color. And I must say during the course of my campaign, I was asked numerous times as to whether or not I was Councilwoman Clark's son. And I must admit that more often than not, I answered in the affirmative. (Laughter.)

And given the fact that I won by only 147 votes, I have to think that those posters actually sent a message that was listened to because of my convenient relationship to Councilwoman Clark. So I say in my particular case it did in fact count. But on a more serious note, I'd like to ask -- and we probably can't answer that question at this point. Given the nature of the most recent municipal elections and we're safely seated or will be on inauguration day in our four-year terms. As you know, next year there will be state elections. And the last time I checked, the utility poles, particular the PECO poles are under the purview of 11/13/03 - STATED - 2ND READING & FINAL PASSAGE the PUC. And I'm inclined to think that the state elected officials would probably want to have the ability to have their posters put up. And I guess the question is, will in fact the State intervene in our business as they have traditionally done in the recent years and passed legislation that authorizes them to put posters up on PECO poles. I don't know if that's something that ultimately we will have jurisdiction over, but I can see that, frankly speaking, happening because I think that the state elected officials given the fact they will be seeking reelection in short order -

Councilman, I thought you won it because you were my mom's cousin. I didn't know it was because you were Gussie Clark's son. And Gussie called me and said she told it was because you were her father. (Laughter.)

Actually, Councilman, in the district that I ran in, it was more effective for me to be related to Councilwoman Clark.

Not to me?

In the new district it actually helps. 11/13/03 - STATED - 2ND READING & FINAL PASSAGE

Thank you.

So I question whether or not we, frankly speaking, will have the jurisdiction on the utility poles. I can see a state elected officials having a concern of us imposing a prohibition on him at this time.

Thank you, Councilman. The Chair recognizes Councilman Kenney.

Thank you, Madam President. I'll be supporting this bill. This bill is, I believe, a long time in coming. It should have been down a number of years ago. From my own personal experience, I've kind of come full circle. When I first ran for election, I was obviously unknown and never used a campaign poster on a pole and did rather well. In this past election, I've continued that practice of not putting campaign posters on Public Property and did quite well. I think posters really just give your workers something to do. People are energized in the campaign, they like to get something done, they like to do something. And people get these things 11/13/03 - STATED - 2ND READING & FINAL PASSAGE printed up, give them to them so they can smack them up on poles and, as Marian Tasco said, trees, which is an absolute disgrace. I really do think that postering the way it's been done and conducted a number of years shows a great disrespect for the community. I've looked on Broad Street where ornamental lighting poles have been put up and people have actually taped with heavy packing tape posters to poles. They really never come down unless the City comes out with high powered hoses that they done recently to their credit and taken stuff thing. So I commend Councilman Mariano for his bill. I look for to supporting it. I just wish it had been done a number of years ago. I think our City will be a lot cleaner and more respected than it is today. Thank you.

Councilman Kenney, I too will be supporting this bill, but I would like you, if you will, to refresh my memory. Didn't we many years pass legislation indicating that anybody putting up political posters had to go to L&I, pay a fee. They got a disc, and the posters 11/13/03 - STATED - 2ND READING & FINAL PASSAGE had to be removed within 30 days after? I think it's wonderful that we're doing this, but if we do not have enforcement of the bills that we're passing, we're doing it for naught.

We did do that. And like many regulatory pieces that we pass in here, because of lack of enforcement or lack of the resources to enforce, it doesn't done. I think one of the things that may be beneficial about this bill is that it will actually be illegal to put them up, so I think any candidate, incumbent or otherwise, would come under criticism for violation of the law, total violation of the law because they're prohibited. I mean, it remains to be seen, as Councilmember Clarke said, what state elected officials do, what state candidates do, but I think we need to set a tone and an example for everyone by stopping it ourselves and passing this bill.

Thank you. The Chair recognizes Councilman DiCicco.

Madam President, I must admit this Council has come a long time. Six or seven years ago I attempted to do the same 11/13/03 - STATED - 2ND READING & FINAL PASSAGE legislation, and I was not even successful in getting the bill out of Committee. I was accused of many things, including ripping up the Constitution. And I'm happy to support this bill, but in addition to removing the visual pollution, as I always refer to this, I think the other important thing is to recognize that -- and you just touched on it, Madam President, that the existing laws are either not being enforced or being totally ignored. And the cost of removing these posters citywide for the most part is born by the taxpayer, because L&I has to send people out the anti-graffiti unit have to send people out there to remove these signs. So it's really taxpayers dollars that are being spent to remove this visual pollution that either successful or unsuccessful candidates use to deface our City. And as Councilwoman Tasco said, you ever take a ride outside this City and come in through Route 13 or Cheltenham Avenue, literally as you come from the suburbs as cross over City Line, you know you've arrived in Philadelphia by the proliferation of political signs that are posted all over the poles without any regard for the communities. And if we're going to be held to a standard as elected 11/13/03 - STATED - 2ND READING & FINAL PASSAGE officials and if we're going to complain about the TV repairman and fixer-up guys put these posters on, we have to be held to the same standards, if not even a higher standard. So I'm happy that this bill is finally coming out and getting voted on, and I fully support it. Thank you, Madam President.

You're welcome. The Chair recognizes Councilwoman Brown.

Thank you, Madam President. It's clear that sound arguments have been raised both sides of this issue. I will speak to two. I come from a campaign organizational experience where postering does make a difference. There's something in campaign strategy called name recognition, building name recognition and candidate visibility. And given my experience where I ran the first time in 1995 and the second time in 1999 without party support, it was this level of the campaign planning that did make a difference in my race. So I do, to the contrary, believe that there is some place for campaign postering. The solution, I believe, with regard to addressing this issue of graffiti is assuring that you have a campaign organization, of which I can 11/13/03 - STATED - 2ND READING & FINAL PASSAGE again testify, where you train people on the front end on what's right and wrong when it comes to postering. And then you assure on the back end within the 30-day window that your posters are taken down. So the onus or responsibility ultimately falls on the candidate and that campaign's organization. With that said, I will be voting against this bill.

Thank you. The Chair again recognizes Councilman Mariano.

Thank you, Madam President. And after this, I'll call for previous question if we're done debate. On Councilman's DiCicco's thought, he's totally right. And my thinking behind this whole bill is nowhere in the suburbs around Pennsylvania close to here this is done. And if we as elected officials don't go forth with this, regardless of what our thought is -- it's not an incumbency thing that was brought up. But I certainly appreciate what the Councilman was speaking about. The Managing Director has a program now. 11/13/03 - STATED - 2ND READING & FINAL PASSAGE I got a letter at my house yesterday saying we have 30 days. It's really not that enforceable. Once we start enforcing that -- I've been out after the primary and I'll be in a month with some volunteer organizations taking all the posters down in my council district, mine, anyone else that won or lost, we'll take them down. Once we start doing this, like Councilman Kenney said, then if we go to a point where we keep going and then no one will be allowed to do it. So on that I'll call for the previous question.

Thank you. Councilman DiCicco did want to be recognized.

Very briefly. Just a little levity, I guess but some seriousness to Councilwoman Tasco's comment about name recognition. I had an opponent that ran against me in the primary who was probably the highest name recognition not only in the City but probably in the entire world, and I defeated him; Mickey Mouse. So I don't know if posters and name recognition really apply here. And I soundly defeated him. I think he wound up 11/13/03 - STATED - 2ND READING & FINAL PASSAGE with 12 votes in the entire district. Thank you, Madam President.

Thank you. This bill having been read on two different days, the question now is shall the bill pass finally? THE

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

No. THE

Councilman Cohen.

No. THE

Councilman DiCicco.

Aye. THE

Councilman Goode.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. 11/13/03 - STATED - 2ND READING & FINAL PASSAGE THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ortiz.

No. THE

Councilwoman Reynolds Brown.

No. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco.

Aye. THE

Council President Verna.

Aye. The ayes are 12, the nays are 4. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 0303925. THE

An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land bounded by 11/13/03 - STATED - 2ND READING & FINAL PASSAGE Roosevelt Boulevard, Grant Avenue, and Blue Grass Road.

This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll. THE

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco.

Aye. THE

Councilman Goode.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. 11/13/03 - STATED - 2ND READING & FINAL PASSAGE THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ortiz.

Aye. THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco.

Aye. THE

Council President Verna.

Aye. The ayes are 16, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 030564. THE

An ordinance to waive certain conditions, covenants and restrictions affecting the use and development of a certain area 11/13/03 - STATED - 2ND READING & FINAL PASSAGE of land situate in the 58th Ward consistency of 20 acres on Red Lion Road.

This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll. THE

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco.

Aye. THE

Councilman Goode.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. 11/13/03 - STATED - 2ND READING & FINAL PASSAGE THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ortiz.

Aye. THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco.

Aye. THE

Council President Verna.

Aye. The ayes are 16, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 030565. THE

An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land situate in the 11/13/03 - STATED - 2ND READING & FINAL PASSAGE 58th Ward and known as being assessed as 300 Red Lion Road.

This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll. THE

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco.

Aye. THE

Councilman Goode.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. 11/13/03 - STATED - 2ND READING & FINAL PASSAGE THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ortiz.

Aye. THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco.

Aye. THE

Council President Verna.

Aye. The ayes are 16, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 030566. THE

An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land bounded by 11/13/03 - STATED - 2ND READING & FINAL PASSAGE Academy Road, Morrell Avenue, Black Lake Creek, Berea Street, and President Street.

This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll. THE

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco.

Aye. THE

Councilman Goode.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. 11/13/03 - STATED - 2ND READING & FINAL PASSAGE THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ortiz.

Aye. THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco.

Aye. THE

Council President Verna.

Aye. The ayes are 16, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 030644. THE

An ordinance granting permission to the Sisters of Holy Family of Nazareth to expand their cemetery or place of burial located 11/13/03 - STATED - 2ND READING & FINAL PASSAGE at the northwest corner of the former Stevenson Street and the former Torresdale Avenue.

This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll. THE

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco.

Aye. THE

Councilman Goode.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. 11/13/03 - STATED - 2ND READING & FINAL PASSAGE THE