civus
Minutes

Stated Meeting, June 12, 2003

Philadelphia City CouncilJun 12, 2003

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna. 06/12/03 - STATED - 2ND READING & FINAL PASSAGE

Council President Verna

Aye. The ayes are 13, the nays are 2. A majority of all Members of Council having voted in the affirmative, the Bill passes. The Clerk will please read the title of Bill NO. 030417. THE

Chief Clerk

An Ordinance amending Section 12-2809 of the Philadelphia Code relating to civil penalties and cost for violations of certain provisions of Title 12, the Traffic Code.

Council President Verna

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

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode. 06/12/03 - STATED - 2ND READING & FINAL PASSAGE

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilman Mariano and Councilwoman Miller voting aye. Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye. THE

Chief Clerk

Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 15, the nays are 0. A majority of all Members of Council having voted in the affirmative, the Bill passes. 06/12/03 - STATED - 2ND READING & FINAL PASSAGE The Clerk will please read the title of Bill No. 030418. THE

Chief Clerk

An Ordinance amending Section 19-203 of the Philadelphia Code entitled "Payroll Deductions," by authorizing City employee payroll deductions for payments to the administrator of any City-approved program.

Council President Verna

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

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. 06/12/03 - STATED - 2ND READING & FINAL PASSAGE THE

Chief Clerk

Councilman Mariano and Councilwoman Miller voting aye. Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye. THE

Chief Clerk

Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 15, the nays are 0. A majority of all Members of Council having voted in the affirmative, the Bill passes. The next Bill to be called for consideration is Bill No. 030419. THE

Chief Clerk

An Ordinance amending 06/12/03 - STATED - 2ND READING & FINAL PASSAGE Title 11 of the Philadelphia Code entitled "Streets," and Chapter 11-300 entitled "Board of Surveyors."

Council President Verna

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

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilman Mariano and Councilwoman Miller voting aye. Councilman Nutter.

Councilman Nutter

Aye. 06/12/03 - STATED - 2ND READING & FINAL PASSAGE THE

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye. THE

Chief Clerk

Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 15, the nays are 0. A majority of all Members of Council having voted in the affirmative, the Bill passes. The next Bill to be called for consideration is Bill No. 030423. THE

Chief Clerk

An Ordinance authorizing transfers in appropriation for Fiscal Year 2003 within the General Fund.

Council President Verna

This Bill having been read on two different days, the question 06/12/03 - STATED - 2ND READING & FINAL PASSAGE now is shall the Bill pass finally? The Clerk will please call the roll. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilman Mariano and Councilwoman Miller voting aye. Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye. THE

Chief Clerk

Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman 06/12/03 - STATED - 2ND READING & FINAL PASSAGE Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 15, the nays are 0. A majority of all Members of Council having voted in the affirmative, the Bill passes. The next Bill to be called for consideration is Bill No. 030216. THE

Chief Clerk

An Ordinance authorizing real estate transactions necessary to permit the City of Philadelphia to acquire a property needed for use by the Philadelphia International Airport.

Council President Verna

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

Chief Clerk

Councilwoman 06/12/03 - STATED - 2ND READING & FINAL PASSAGE Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilman Mariano and Councilwoman Miller voting aye. Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye. THE

Chief Clerk

Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo. 06/12/03 - STATED - 2ND READING & FINAL PASSAGE

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 15, the nays are 0. A majority of all Members of Council having voted in the affirmative, the Bill passes. The next Bill to be called for consideration is Bill No. 030245. THE

Chief Clerk

An Ordinance amending Title 10 of the Philadelphia Code relating to regulation of individual conduct and activity, all under certain terms and conditions.

Council President Verna

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

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. 06/12/03 - STATED - 2ND READING & FINAL PASSAGE THE

Chief Clerk

Councilman Cohen.

Councilwoman Verna

Councilman Cohen, how are you voting? You want to speak on this Bill?

Councilman Cohen

I'm going to vote on the skateboarding Bill. A time when we're talking about skateboarding and its important role and the rights of people to Love Park, both sides is a complicated question. And I know Councilman Nutter wants to do what he thinks is right, but I think this is the wrong time to increase the penalties against skateboarders. They've done a lot for the City of Philadelphia. They also create a problem. Love Park is a park that ought to be enjoyed by all citizen. I thought maybe that could not be done. But Ed Bacon, the renown guy, he's a little older than me so he's obviously got more wisdom than I have. But he's the only public official I know who's older than I am. He's made the announcement, he's a famous architect, he sees no reasons why it's not possible for Love Park to be enjoyed by the residents in the area and with a portion of it devoted to the skateboarders. Philadelphia received national prominence. We say we want to be a world-class 06/12/03 - STATED - 2ND READING & FINAL PASSAGE City. Well for short time a year or two ago, we were the center of the world's attention when the skateboarders chose Philadelphia as a place to have a convention. They did much for the City. And to many people in Philadelphia, skateboarders suddenly became people. Nobody understood who they were, these kind of wild young people who jump up and down steps on roller skates, sort of. So I think this is the wrong time, and I would like to request Councilman Nutter to reconsider this Bill at this time. I think it introduces a discordant note in the efforts of the City to solve the problem of how do we make a park accessible to all the people who want to use it. Love Park has a very special attraction for skateboarders. There's no other place like it for skateboarding purposes. And at the same time, I think it can be used for them, it could be used for others. But at this point, until the matter gets settled, I do not think that this matter ought to be further complicated by increasing the concerns of the skateboarders that they're being treated as enemies of the City rather than as good citizens. So I would like to ask Councilman Nutter 06/12/03 - STATED - 2ND READING & FINAL PASSAGE if he would consider withholding the Bill so that I don't have to vote no on this. If he insists on it going ahead, I will have to vote no. I think it's a difficult problem, but we ought to work together on this problem and get it squared away. Councilman Nutter, the question is in your ballpark now.

Councilwoman Verna

The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. Madam President, first, I deeply appreciate Councilman Cohen's comments. I actually have over time -- some of my colleagues will be surprised to know because I know at times I appear to be tremendously inflexible. But on this particular issue, I have actually not only learned a great deal but adjusted some of my thoughts with regard to the skateboarding issue. As I've said on a number of occasions, I am not anti-skateboarding. I am anti property destruction. And this particular matter actually has virtually nothing to do with Love Park at all. It does increase the fines, one, because as the Police Department testified and other City 06/12/03 - STATED - 2ND READING & FINAL PASSAGE officials, the $25 fine was having no effect whatsoever. But what this Bill is actually about is the destruction of private property that is accessible by the public. This Bill is not about Love Park. It is about the Bell Atlantic Tower at 1717 Arch Street which has an open plaza to the public that has sustained $88,000 in damage from skateboarding. This Bill is about 1700 Market Street and 1601 Market Street with $10,000 worth of damage. It's about the United Plaza at 17th and Market with $25,000 worth of damage. It's about 1600 Market Street with $5500 worth of damage. It's about 11 Penn Center with $130,000 of property damage to their railings, their handrails, and light fixtures on their private property which is accessible to the public. It's about One and Two Commerce Square at 2000 Market Street with $60,000 worth of damage to their private property that is accessible to the public. This is not about someone's rights to skateboard. It's about the property rights of these private property owners to manage their properties and not to be affected by this kind of activity. It's about the damage and destruction to the Vietnam War Memorial in our City 06/12/03 - STATED - 2ND READING & FINAL PASSAGE that the veterans came in and testified has been damaged because of this activity. I think that skateboarding and all that kind of activity is great for this City. And I do believe that the City has not done all that it can and all that it should. I know that efforts are ongoing. I know that our colleague Councilman Clarke has been working with the community and with some of his constituents on a large facility. I know that many of us certainly in our districts can offer more to the skateboarding community through our various recreation centers. And I am in conversation about expanding some of those facilities in the district that I represent. But our private property owners who build wonderful buildings and make them accessible to the public should not have to face this kind of damage and destruction. It is difficult enough to keep the businesses that we have in Philadelphia with our high tax burden, and certainly I don't want to get into a tax discussion, but what do we tell these that people about their inability to protect their property and that somehow some way any individual has a right to destroy someone else's 06/12/03 - STATED - 2ND READING & FINAL PASSAGE property. That's what this is about. " So that's the only thing this Bill is about. The City of Philadelphia has helped to build incredible facilities. And whether it's a sports teams or the Convention Center or pick a building that we've put our money in, we've not done right by the skateboarding community here in the City in terms of expeditiously getting a facility built that is to the standards that the skateboarders would like. We've done this time and time again. When young people or not so young people wanted to play tennis, when that was the hot issue in the City, we built tennis courts. When thy wanted to play roller hockey, we built roller hockey courts. When they wanted to play whatever they wanted to play or do or engage in, we have built appropriate facilities for that activity.

Councilman Nutter

We have not done that with regard to the skateboarding community and that is a downfall on the City side. 06/12/03 - STATED - 2ND READING & FINAL PASSAGE But our private property owners did not build these plazas for that activity and they should then not be subject to this kind of damage with no response from the City of Philadelphia. So I agree with my colleague about the interest of the skateboarders, about the sport itself, and about what it means to young people in Philadelphia and how it can attract more young people to Philadelphia. God knows we need some more young people to come and stay in Philadelphia, not just get a good education and leave. But allowing people to destroy other's property, as I said at the public hearing, I think is a lesson that all of learned when we were very, very young. You don't touch other people's stuff. You don't damage other people's stuff. And that's the lesson that we're trying to deal with here today. So I would encourage my colleagues to support the Bill and then let us all rededicate ourselves to really working on this particular problem and having a legitimate high class, if not world-class, facility for skateboarding activity and other out door or what they refer to as extreme sports in the appropriate place. 06/12/03 - STATED - 2ND READING & FINAL PASSAGE Thank you, Madam President.

Councilwoman Verna

You're welcome. The Chair, again, recognizes Councilman Cohen.

Councilman Cohen

Thank you, Madam President. I'm sorry to hear that my colleague believes that it's the skateboarders that are causing the damage. I don't believe it for a moment. I think it's just a tale made to try to control skateboarders. Ed Bacon said there is no damage caused by skateboarders. And to define skateboarding as a problem that's going to be solved as far as the building owners are concerned by increasing fines heavily is to take the wrong road. It's only going to inflame the situation, make it much worse. But I don't think owners of property have the right to go around regulating conduct by people in Philadelphia. Let them run their businesses. Let them do the do the right thing. Let them take whatever steps are necessary to safeguard their property if they think the skateboarders are hurting ir. But the evidence is not at all clear that there's any damage done by skateboarders. But even if there were, this would 06/12/03 - STATED - 2ND READING & FINAL PASSAGE be the wrong way to solve the problem. You never solve this kind of social problem by increasing the penalties, by making a crime more severe. The way to do it is to begin approaching the problem the way the City ought to have approached it by making facilities available, but also to see to it that the owners who come to Philadelphia don't think they begin to own the people. It's enough that they own the stores and the businesses and take the profits home with them at home at night, generally outside the City where they can count their dollars quietly away from the view of the citizens of Philadelphia. Let's not give them the right to control the way our young people behave in Philadelphia. So I, again, will announce that if the Bill remains on the record, I will vote against it. I hope some of my colleagues will, maybe enough will so we'll defeat the Bill because it's a Bill that goes in the wrong direction even if it were well intentioned, as I believe Councilman Nutter intended to be. I think he has a good purpose in mind, but it's just the wrong way to go.

Councilwoman Verna

Thank you, Councilman. 06/12/03 - STATED - 2ND READING & FINAL PASSAGE The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I have no idea why my colleague would consider to ask one of our colleagues, the sponsor of this Bill to reconsider his, but on the previous Bills he didn't give me the same courtesy. However, be that as it may, we won't be supporting this legislation. We believe that this is a quality-of-life issue and that it not only affects skateboarders, but the legislation also affects those on roller blades and even people riding bicycles. A parent could have a young kid on a bicycle learning how to ride and if that person is riding on public or private property, to have maybe a 8-year-old's bike confiscated, I think is wrong. I think it's a quality-of-life issue. I think that we work it out. Certainly, we support our businesses. We don't want them to incur damage to their property, but I don't think this is the way to go. I don't think that we should have a right, the City, should ask law enforcement agencies to confiscate bicycles. And for those reasons I will not be supporting this legislation. 06/12/03 - STATED - 2ND READING & FINAL PASSAGE Thank you, Madam President.

Councilwoman Verna

Thank you. The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. When does the recess start? (Laughter.)

Councilman Nutter

Thank you. I'm done.

Council President Verna

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

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

No. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney. 06/12/03 - STATED - 2ND READING & FINAL PASSAGE

Councilman Kenney

Aye. THE

Chief Clerk

Councilman Mariano and Councilwoman Miller voting aye. Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye. THE

Chief Clerk

Councilman Ortiz.

Councilman Ortiz

No. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 12, the nays are 3. A majority of all Members of Council having voted in the affirmative, the Bill passes. The Clerk will please read the Title of Bill No. 030246. 06/12/03 - STATED - 2ND READING & FINAL PASSAGE THE

Chief Clerk

An Ordinance naming and designating the Southwark Branch of the Free Library of Philadelphia as the Charles Santore Branch of the Free Library of Philadelphia.

Council President Verna

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

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.