civus
Minutes

Stated Meeting, March 6, 2003

Philadelphia City CouncilMar 6, 2003

Properties mentioned in this record

Addresses spoken or written in this record, resolved to their property pages. Mentions with a timestamp jump to the exact moment.

Legislation acted on in this session

From the City of Philadelphia’s legislative record (Legistar). Each file links to its status, roll call, and official documents.

  • Granting permission to Cogent Communications, Inc., its successors and assigns to construct, maintain, operate, replace and remove telecommunications service connections and fiber…

  • Granting permission to Cogent Communications, Inc., its successors and assigns to construct, maintain, operate, replace and remove telecommunications service connections and fiber…

  • Bill 030137Referred

    Authorizing the vacating of a portion of Sheaff lane, from a point approximately one thousand five hundred and fifty-three (1553) feet south of Penrose avenue to a point approximat…

  • Bill 030137Introduced

    Authorizing the vacating of a portion of Sheaff lane, from a point approximately one thousand five hundred and fifty-three (1553) feet south of Penrose avenue to a point approximat…

  • Bill 030138Referred

    Enacting a new Chapter 19-2000 of The Philadelphia Code, entitled "Discounted Rates for Natural Gas Distribution and Supply Services for Senior Citizens," reaffirming and re-enacti…

  • Bill 030138Introduced

    Enacting a new Chapter 19-2000 of The Philadelphia Code, entitled "Discounted Rates for Natural Gas Distribution and Supply Services for Senior Citizens," reaffirming and re-enacti…

  • Bill 030139Referred

    Amending Section 9-205 of The Philadelphia Code, entitled "Sidewalk Sales," by exempting sidewalk sales by owners and tenants of properties on both sides of Girard avenue between F…

  • Bill 030139Introduced

    Amending Section 9-205 of The Philadelphia Code, entitled "Sidewalk Sales," by exempting sidewalk sales by owners and tenants of properties on both sides of Girard avenue between F…

  • Bill 030140Referred

    Authorizing the striking from City Plan No. 97 and abandoning of a portion of a certain right-of-way for drainage purposes lying within the lines of former Jessup street, under cer…

  • Bill 030140Introduced

    Authorizing the striking from City Plan No. 97 and abandoning of a portion of a certain right-of-way for drainage purposes lying within the lines of former Jessup street, under cer…

  • Amending Chapter 9-700 of The Philadelphia Code entitled "Amusement Businesses," by amending Section 9-703 to prohibit the use of pyrotechnic devices, fireworks, explosives or simi…

  • Bill 030141-AIntroduced

    Amending Chapter 9-700 of The Philadelphia Code entitled "Amusement Businesses," by amending Section 9-703 to prohibit the use of pyrotechnic devices, fireworks, explosives or simi…

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

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, March 6, 2003 10:25 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DI CICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANGEL L. ORTIZ 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

Council President Verna

Good morning, everyone. 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 Monsignor Timothy Senior. Monsignor Senior is the Secretary for Catholic Human Service for the Arch Dioceses of Philadelphia. He is here today as the guest of Councilman Mariano. I would ask all members and guests to please rise.

Monsignor Senior

Let us pray. Good and ff loving God, we turn to you in prayer this morning at a time of great uncertainty in our world under the shadow of the threat of what are and terrorism. We turn to you at a time when we are facing continuing challenges in our economy and in the midst of budgetary crisis in our Commonwealth and our City. We need your help. The Christian season of lent reminds us all of the fact that in our humanity we are week and we so very often fail to live as people created in your image and likeness. With humility then we acknowledge our complete dependence upon you for everything. Though remember this fact, we recall now that we are always and everywhere in your holy and loving presence. We ask your blessing upon this City Council Session today. Send your Holy Spirit upon the Members of Council. Give them the wisdom that they need to fulfill the responsibility which has been entrusted to them by the citizens of Philadelphia. May their deliberations reflect the unity and mutual respect that is your hope for all people. Like St. Catherine Drexel of Philadelphia whose feast day was celebrated on Monday of this week, may the Members of Council be good and generous Stewards of the gifts and resources that you have entrusted to us and may they always be mindful of the needs of the poor and the powerless, the voiceless and those who live on the margins of our society. May the Members of City Council become instruments of your peace in the building of a community of love and service for the good of all our citizens. We praise and thank you, loving God, for giving us this day and for calling us to your service. May your blessing be upon our City Council today and always. Amen.

Council President Verna

The Chair Senior for his inspiring invocation. Council will be at ease. (Council at ease.)

Council President Verna

The next order of business is the approval of the Journal of the meeting of Thursday, February 27, 2003. And the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move that the Journal of the meeting of Thursday, February 27, 2003, stand approved.

Council President Verna

It has been moved and properly seconded that the Journal of the meeting of Thursday, February 27, 2003, stand approved. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The Journal of the meeting of Thursday, February 27, 2003, has been approved. The next order of business is the leave of absence. And the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

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

Council President Verna

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

Councilman Rizzo

Madam President, I assume that Councilman Longstreth won't be here today. I don't know that officially. And I have no knowledge of Councilman O'Neill. I understand he's here, but will check with you when he arrives.

Council President Verna

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 our Council Session today. 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. The next order of business is communications. Sergeant-at-Arms for the purpose of delivering the messages from the Mayor to the Chief Clerk. The Clerk will please read the messages from the Mayor.

The Clerk

To the President and Members of the Council of the City of Philadelphia. I am pleased advise you that on March 3, 2003, I signed all of the bills that were passed by Council on its Session on February 20th.

Council President Verna

The messages will be printed in the Journal. The Clerk will please read any other communications in her possession.

The Clerk

That's all I have, Madam President.

Council President Verna

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

Councilwoman Blackwell

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The motion carries. The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. I offer one resolution on behalf of myself and Councilwoman Donna Reed Miller.

Council President Verna

Thank you. The Clerk will please read the title of the resolution.

The Clerk

A resolution declaring the week of March 10 as Covering the Uninsured Week.

Council President Verna

The Chair AND RESOLUTIONS recognizes Councilman Kenney.

Councilman Kenney

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

Council President Verna

The resolution introduced and seconded. All those in favor of the adoption of the resolution will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion carries. And the resolution has been adopted. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. This morning I introduce one bill on your behalf, one resolution on behalf of all the Members of City Council, and one on my own behalf.

Council President Verna

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

The Clerk

An ordinance authorizing the AND RESOLUTIONS vacating of a portion of Sheaf Lane from a point approximately 1,553 south of Penrose Avenue to a point approximately 865 feet southwardly, under certain terms and conditions.

Council President Verna

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

The Clerk

A resolution authorizing the Commission of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 6th, 27th, 51st and 60th Wards of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption.

Council President Verna

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

Council President Verna

Those opposed? (No response.) AND RESOLUTIONS

Council President Verna

The ayes have it, and the motion carries. The Clerk will please read the title of the second resolution.

The Clerk

A resolution honoring Marie Hauser.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Madam President this was introduced and signed by all Members of Council. I move for its adoption.

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries.

Council President Verna

The Chair recognizes Councilman Cohen.

Councilman Cohen

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

Council President Verna

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

Councilwoman Krajewski

Madam President, I have no bills or resolutions.

Council President Verna

Thank you. The Chair recognizes Councilman Mariano.

Councilman Mariano

Madam President, I have no bills or resolutions.

Council President Verna

Thank you. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Madam President, I have no bills or resolutions.

Council President Verna

The Chair thanks the Councilwoman. The Chair recognizes Councilwoman Miller.

Councilwoman Miller

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

Council President Verna

Thank you. The Chair recognizes Councilman Nutter.

Councilman Nutter

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

Council President Verna

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

Councilwoman Brown

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

Council President Verna

Thank you. The Chair recognizes Councilman Goode.

Councilman Goode

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

Council President Verna

The Chair recognizes Councilman Ortiz.

Councilman Ortiz

I have one bill, Madam President. And a resolution I wish to speak on of why I'm not introducing it, Madam President.

Council President Verna

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

The Clerk

An ordinance enacting a new Chapter 19-2000 of the Philadelphia Code entitled "Discounted Rates for Natural Gas Distribution and Supply Services for Senior Citizens," reaffirming and reenacted a senior citizens discount for senior citizen customers of the Philadelphia Gas Works.

Council President Verna

This bill will be referred to the appropriate committee. AND RESOLUTIONS The Chair recognizes Councilman Ortiz.

Councilman Ortiz

Thank you, Madam President. This country has gone through many periods during its history and it has survived them. It has survived them because we've had a Constitution that has been permanent and inviolate. During the last year and a half since 911, our society has been transformed, somewhat for the worse in many ways. We have all become very much aware of the dangers and the enemies that this country has. And we must vigilant against those enemies, and we must prepared to protect the citizens of the United States against those enemies. But the people that attacked us in 911 did not attack two buildings. They attacked a set of values and a Bill of Rights and a Constitution. Since that time, it seems debate on what government actions and what government can do have been chilled. Protests, dissent have been called un-patriotic. And in fact, a law Congress passed a month after the attacks was passed in haste with no debate, no mark up in Congress or the Senate. And it was passed in such a way and it was done in that AND RESOLUTIONS manner so as to not permit debate. And it's called the Patriot Act. And it seems that anyone that dares to criticize or dissent about what the Patriot Act does all of a sudden becomes un-patriotic. And that to me is not only un-American, it's really an attack on who we are as a people. " The Patriot Act expanded the way the Attorney General, the FBI, and all of the law enforcement agencies of our country implement their powers. The Patriot Act is not an attack on Muslims. Muslims are just the excuse, just as Japanese and Germans and Italians were the excuse in the second World War. Just as those who opposed centralization in the early part of our country in the 1790s and we enacted the Anti-Sedition Act. The Japanese suffered internment, Germans suffered internment, Italians. During the '40s and '50s, all those who dared to think a different way came under attack, investigation. Joe McCarthy and McCarthy-ism became part of our language, became part of our culture. People were AND RESOLUTIONS destroyed, lives were just torn apart. Careers were burned and split into cinders. Creative minds were driven out of this country because dissent, again, was seen as un-American and as undermining our fabric. The ones who were undermining our fabric were those individuals who were pursuing people. Now we have something that has been created that takes probable cause, takes due process out, puts language vague language that authorizes different agencies to go into your e-mail, search and seizure, phone tapping, bills, books that you read in the library. The eternal vigilance of our liberties is to be very vigilant about our liberties. Benjamin Franklin said that those who their rights of freedom for security will have neither; they will nor security nor freedom. Russel Feingold, one of the greatest men that we have in the Congress in the Senate and was the only man, the only person voting against the Patriot Act, said in a speech of his, "Protecting the safety of the American people is a solemn duty of Congress. We must work tirelessly to prevent AND RESOLUTIONS more tragedies like the devastating attacks of September 11. We must prevent more children from losing their mothers, more wives from losing their husbands, and more fire fighters from losing their brave and heroic colleagues. But the Congress will fulfill its duty only with it protects both the American people and the freedoms and the foundation of American society. So let us preserve our basic heritage of basic rights. Let us practice that liberty and let us fight to maintain that freedom that we call America. Every Councilperson in this government takes an oath to defend and protect the Constitution of the United States.

Councilman Ortiz

I think and I will not introduce that because my colleagues have ask me to discuss it enter into discussions about it and some of the language in it. And I will hold it, but we must protect. It is not just up to the Congress or the Supreme Court; it us to every American to protect and defend the Constitution when it sees that that Constitution is being attacked. And if Congress passes a law that is basically wrong, I think those of us at every level of our society have AND RESOLUTIONS a duty to speak out. That's why I wrote this resolution. That's why I feel very strongly about it. Having been part of the '60s and '70s when the FBI pursued the Southern Christian Leadership Conference, Martin Luther King with excesses of his investigation, and tried to destroy the civil rights movement of that time by calling it subversive, un-American un-patriotic. The price of freed on is a turn of vigilance. And although we've got to terrorists and we've got to fight our enemies, we cannot fight our enemies by violating the basic rights of Americans. This is not about the Muslims and Arabs; this is about the Americans: Arabs, Jews, Catholics, Irish, Italian, all of us. This is our struggle. This is our America. Thank you, Madam Chair. )

Council President Verna

The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Thank you, Madam President. I just would like to maybe present a different perspective. We're not voting on anything today. I don't know if we're going to have this resolution or something similar to it next week, but AND RESOLUTIONS since we've started the conversation, I should point out that I don't think there's anyone in this Council or, hopefully, many people in this City that don't support the right to dissent in this country and the right to preserve civil rights and civil liberties. Although, the Supreme Court and not just anyone but I believe it was Chief Justice Oliver Wendell Holmes spoke very clearly early in the last century dealing with draft evasion and promotion of draft evasion. And the eloquence was in the difference in our freedoms under the Constitution and how they are more limited in time of war than they might be in time of peace. Activities that are wholly protected in time of peace may have to be limited in time of war. And that is Congress's role, to make those tough decisions. And for us as a City Council, with so many problems that we have difficulty dealing with, to be second guessing the Congress with a lot less information than they have -- the last time I had a security briefing, I can't remember. I know it was at least about a hundred years ago. We don't get security briefings. We don't have the information that our federal representatives have when they have to make these AND RESOLUTIONS decisions which are no easier for them than they would be for us if we were in that position. No one wants to be at war. We are at what are now. And I am not going to go back -- my chief of staff Ann Marie Boyle, her husband Tony is a police inspector. I think he's the highest ranking police official who's been called to go overseas. He's in the Air Force Reserve. I don't even want to have to think of looking at him in the eye -- because when we start on this road, I hope there is a road that is at least as level and as least as crowded with people supporting the men and women in Congress who have to make these tough decisions and the men and women who, regardless of whether the decisions are right or wrong, are protecting us and sacrificing their lives to do it. And I just want give a little different perspective to this conversation because I'm sure there's many of us that if this resolution were introduced today would be dissenting. Thank you.

Council President Verna

You're welcome. The Chair recognizes Councilman Cohen. Thank you, Madam President. I don't think the way AND RESOLUTIONS to defeat terrorists is to adopt their tactics. (Applause.)

Councilman Cohen

I may be the only Member of this City Council who lived through the days of both Joe McCarthy and Martin Dies. Martin Dies was a Congressman from Texas who headed something called the House Un-American Activities Committee. And what that gentleman did was to everything he could to possibly destroy the civil liberties of all Americans. And that's why his name is used only almost as a swear word because what he did was under the guise of protecting America. He sought to destroy it. He used the war as an excuse. (Applause.)

Councilman Cohen

Many of us were very worried when the President Attorney General of the United States was nominated. It was a bitter battle. It was long before 911. But we were concerned that John Ashcroft would use the powers of the office of the United States Attorney General to weaken the civil rights. Yes, he would pay lip service as Martin dies as Joe McCarthy did to America's constitutional principles, but in real life both those gentlemen, and in my view, John AND RESOLUTIONS Ashcroft spends his energy trying to destroy the basic democratic fiber of this country. (Applause.)

Councilman Cohen

Therefore, I think it's important that this debate take place now and continuously. And I'm not prepared to say that people in Congress have all the wisdom about democracy. (Applause.)

Councilman Cohen

Democracy enriches the lives of all people, the people in communities when democracy is alive and a vibrant force, not when it's been threatened, not when commentators in the media, newsmen, KWY broadcasts nonsense from a so-called commentator indicating, "Well, sure we believe civil liberties but, you know, there are times when we can't have it; and this is one of those times." It's never a time to desert democracy or civil rights. (Applause.)

Councilman Cohen

And in my view, it is the job and the function of every citizen of the United States to participate in the discussion and AND RESOLUTIONS not to turn over their rights to an elected body of people. People elected have to hear from their constituents. They have to know how they feel. And so I encourage the outpouring of opinion at every level by everyone, whether I agree with it or not. That's what democracy is all about and that's what we've got to fight for. So hold on to your seats; I think we're going to have some very interesting and very exciting discussions. And I think at the end, Philadelphians and I hope Americans will be the richer, the richer in civil liberties and democracy because of the discussion that takes place. No more Martin Dies, no more Joe McCarthy, even if the name now is John Ashcroft. It's the same thing. Thank you. (Applause.)

Council President Verna

The Chair recognizes Councilman Ortiz.

Councilman Ortiz

Thank you, Madam Chair. I think we all support the soldiers, the marines, the people who are flying the missions. To even imply, to even imply that standing up and saying that some of the things that are going on are wrong is not supporting those brave individuals - AND RESOLUTIONS and right now, the biggest number of those individuals that are out in harms's way are Latino and African Americans, poor people, poor whites. Yes, we care. We worry. And that's why we must stand up because when we put them in harm's way, they should be there for the right reasons. (Applause.)

Councilman Ortiz

And to imply that because we're at war -- and you know we have great patriots in this country who have spoken out. It is in time of war that we must be vigilant about American citizens' rights. Lincoln was wrong when he eliminated the habeas corpus, and he was proven wrong. Roosevelt was wrong when he inturned the Japanese, and he was proven wrong. And now that's a stain, a stain, in our history. It is in time of war when we must very vigilant about our rights because it is in time of war in which people take advantage and say, "You can't have that right. You cannot speak. Be silent." And that's when tyrants arise. And that's why we have that Constitution. And that's why we have this thing called America. And nobody should ever imply that AND RESOLUTIONS protesting and saying that legislation approved by Congress is wrong, that saying those things and standing up for those issues implies a lack of support for the men and women in uniform in this country. Never. That is what they always use. If you raise your voice, you're being un-American. If you raise your voice, you're being un-patriotic. If you raise your voice, you're undermining the president. Well, when Woodrow Wilson was beginning in the first World War, the biggest critic he had was Teddy Roosevelt. And nobody, I would say, would call Teddy Roosevelt un-patriotic or un-American. It is in time of crisis that we must be vigilant about our rights. It is in time of war when we have to stand up and say, "You cannot do that in the name of security. You cannot take away rights from Americans in the name of security." (Applause.)

Councilman Ortiz

And people keep bringing up the Muslims. Well, the Muslims are Americans, by the way. They are Americans. (Applause.)

Councilman Ortiz

The last time I AND RESOLUTIONS talked about protecting Muslims, I'm not talking about a person that lives in Saudi Arabia. I'm talking about a person who lives in North Philadelphia, who goes to church in North Philadelphia, that sends his kids, her kids to school in Philadelphia, who pays taxes in Philadelphia. So we cannot just broad brush people in the name of national security. Let the FBI the CIA do their jobs. They have the tools. They have the tools. They do not have to violate American civil rights in order to perform them. (Applause.)

Councilman Ortiz

And let us stop blaming and saying that people who disagree with the policies of this government, this Administration, are un-American. We are American, and that is our given right to protest, disagree, and say so. (Applause.)

Councilman Ortiz

Stop saying and that we do not support our men and women and uniform. God bless them all. God bless them all. They're there for us. They're there to protect us. But we have to protect them, too, by speaking out. AND RESOLUTIONS (Applause.)

Councilman Ortiz

We all have families and people who have been called up. We have families and friends who have died. I have school mates have never came back from Vietnam. Those people that died in Vietnam died because of a lie, a government lie. (Applause.)

Councilman Ortiz

And now under the guise of protecting us, they're saying that they have to take away some of our rights and that we have to give it up. Well, let us be vigilant. As Thomas Paine said, "The patriot is the one who speaks up when a government tries invade his home." Thank you. (Applause.)

Council President Verna

The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Yes, Madam President. I find it interesting that when the purpose of a speech is about the right to dissent and the responding party begins and end with AND RESOLUTIONS affirming that right and makes a statement that is makes it clear from people I've heard who are going overseas or who have come back that it would be nice to hear support, that that turns into an attack on someone's patriotism many. It baffles me that someone crying out for dissent to be allowed turns on someone else and says, implies, that's the new word, implies that you better not dissent with my right to dissent or I'm just going to distort what you said. Because I in no way implied that anyone taking the position advocated by this resolution is in any way un-patriotic. Don't word in a dissenter's mouth. And I think that's something that should apply to all dissenters, even those that dissent with the dissenters. Thank you.

Council President Verna

Are any other comments or speeches from Members of the Committee? (No response.)

Council President Verna

Seeing none, the Chair recognizes Councilman DiCicco.

Councilman Dicicco

Madam President, I offer two bills and one resolution.

Council President Verna

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

The Clerk

An ordinance amending Section 9-205 of the Philadelphia Code entitled, "Sidewalk Sales," by exempting sidewalk sales by owners and tenants of properties on both sides Girard Avenue.

Council President Verna

This bill will be referred to the appropriate committee.

The Clerk

And an ordinance authorizing the striking from City Plan No. 97 and abandoning a portion of a certain right-of-way for drainage purposes.

Council President Verna

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

The Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 1st, 5th, 18th, and 25th Wards of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilman DiCicco.

Councilman Dicicco

I move for the adoption of the resolution. AND RESOLUTIONS

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, I have no bills or resolutions.

Council President Verna

The Chair thanks the gentleman. The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. I have one bill.

Council President Verna

The Clerk will please read the title of the bill.

The Clerk

An ordinance amending Chapter 9-700 of the Philadelphia Code entitled "Amusement Businesses," by amending Section 9-703 to prohibit the use of pyrotechnic devices, fireworks, explosives or similar material within dance halls, AND RESOLUTIONS all under certain terms and conditions.

Council President Verna

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

Councilman Rizzo

Madam President, I have one resolution.

Council President Verna

The Clerk will please read the title of the resolution.

The Clerk

A resolution honoring and commending Father Judd students John Lachock, Mike Zuinski, and Brian McCain, for their selfless act of heroism that saved the life of a wounded motorist.

Council President Verna

The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Madam President, I move the adoption of this resolution.

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries.

Council President Verna

We will now proceed to a special order of business, an election to fill the vacancy in the Office of the Chief Clerk of Council. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move that Mrs. Patricia Rafferty be elected as the Chief Clerk of City Council. (Duly seconded.)

Council President Verna

It has been moved and seconded that Patricia Rafferty be elected as Chief Clerk of Council. All in favor of the motion will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The motion carries. (Applause.)

Council President Verna

I now declare that Mrs. Patricia Rafferty, having received a unanimous vote of the Members of City Council has 3/6/03 - STATED - 2ND READING AND FINAL PASSAGE been duly elected as the Chief Clerk of Council. Congratulations, Pat. (Applause.)

Council President Verna

As there are neither reports from committees nor bills on today's First Reading Calendar, the Chair now recognizes Councilwoman Blackwell for the purpose of calling up the bills on the Second Reading and Final Passage Calendar.

Councilwoman Blackwell

Thank you, Madam President. Today, Bill No. 020762A is being called for second reading and final passage. All other bills held.

Council President Verna

Thank you. The Clerk will please read the title of Bill No. 0207672.

The Clerk

An ordinance granting permission to Cogent Communications, its successors and assigns, to construct, maintain, operate, replace, and remove telecommunication service connections and fiber cables in under the public rights of way and city streets, all under certain terms and conditions.

Council President Verna

This bill 3/6/03 - STATED - 2ND READING AND FINAL PASSAGE having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll.

The Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

The Clerk

Councilman Clarke.

Councilman Clarke

Aye.

The Clerk

Councilman Cohen.

Councilman Cohen

Aye.

The Clerk

Councilman DiCicco.

Councilman Dicicco

Aye.

The Clerk

Councilman Goode.

Councilman Goode

Aye.

The Clerk

Councilman Kenney.

Councilman Kenney

Aye.

The Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

The Clerk

Councilman Mariano.

Councilman Mariano

Aye.

The Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

The Clerk

Councilman Nutter.

Councilman Nutter

Aye.

The Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

The Clerk

Councilman Ortiz.

Councilman Ortiz

Aye.

The Clerk

Councilwoman Reynolds-Brown.

Councilwoman Brown

Aye.

The Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

The Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

The Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. That concludes our Calendar for today. Are there speeches on the part of the minority? (No response.)

Council President Verna

Are there speeches on the part of the majority? The Chair recognizes Councilman DiCicco.

Councilman Dicicco

Thank you, Madam President. And I would ask that my colleagues indulge me just for a few minutes while I take this congratulate a lot of folks who have made this past Mardi Gras Fat Tuesday event a success in the City of Philadelphia. Just two short years ago, you all may recall about 40 to 50 or 60,000 people converged on South Street. What we thought was going to be a festive day, a place and time where we thought people would have a lot of fun, as you know, it turned out to be a debacle for this City, a national disgrace, if you will. The riots on South Street were carried across this nation and it caused this City great harm, not only to the merchants of South Street, but also to the City as a whole. As a result of that, we put together a team to work with many of the City agencies so that in 2002 we were attempting to have a much more civil event should people decide to come to South Street. 2002 was a somewhat non-eventful year when you compare it to 2001. And although there were about 12,000 people who converged on South Street in 2002 and there was not much media coverage, there still were some problems. I happened to spend about 14 hours out there that day, and we still did have some serious problems. And many of the problems were not Street, but were occurring in the neighborhoods adjacent to South Street. As a result of that, I convened a neighborhood alliance that was made up many of the community groups who were represented in the adjacent communities along South Street. And I want to take this time to thank all the folks who are responsible for making this past Tuesday Mardi Gras day a non-eventful day. I think the arrest totaled about 18 or 14 people. Most of the arrests had to do with truancy, public drinking, and some disorderly conduct. About a hundred percent of the people arrested were non-Philadelphians, as usual. But again, I'd just like to take this time to go down a list of the people who made this past Tuesday the success and something we can all be proud of. First, the Managing Director Mr. Goldsmith and his deputy, Debbie Russo; Police Commissioner Johnson, captain of the 3rd District, Captain Weaver; Deputy Commissioner Mitchell; Chief Sadler; Lieutenant Walker who heads the South Street detail; the leaders of the Queen Village Neighborhood Association; the Hawthorne Community Association; Association; Society Hill Towers; and the Bela Vista Town Watch. In addition, Senator Fumo and State Representative Lederer who supported our endeavor; the Department of License and Inspection who was out there from 7 a.m. until about midnight this past Tuesday making sure that the businesses that were operating were operating according to code. A special thank you to the South Street Head House District. And a very, very special thank you to the bar owners who voluntarily made a decision that was in everyone's best interest to close down early this Tuesday. It was basically a pilot program to see what impact that would have. There was no law that required them to close. They were allowed legally to open at 7 a.m. and close at 2 a.m. Over 90 percent of the bar owners made that voluntary decision to close down and have a last call at 7:30. By 9:30 the street sweepers were out there. The street was virtually an island. The police details secured South Street and secured the adjacent neighborhoods and they deserve our heartfelt thank you. I thought I should publicly recognize the efforts all the people in the police that made this day possible on behalf of the put together about a year ago, I want to thank them all publicly. I thank you, Madam President.

Council President Verna

Thank you. (Applause.)

Council President Verna

Councilman, I know you recognized everyone making this a success and I want to publicly thank you for the time, effort, and energy that you put into this. And I know that it's been not just this year but every year that you've been in office. And we applaud you for the work that you have done to make this a success. At this time the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I know that many people are upset about the Governor's budget, and I wanted to take a few moments just to offer an expression of hope to our residents. As Finance Chair I, too, am concerned about the reality that these cuts can bring to our City. But having been involved in politics for some 30 years, I can attest to the fact that we've had hard days before, and with God's help to pull through and get through these hard times that we hope don't lie ahead. We must continue to fight for affordable housing and safe street, continue to fight for our after school and academic enrichment programs. We must continue to fight for drug and alcohol treatment for those families who need it as well as decent food and shelter and accessible the food and medical assistance services to our senior citizens. I can only say that we must work with the leadership and our City and in our State and that together I am sure that we can find a way to overcome the hard times that we've learned about today. Thank you, Madam President.

Council President Verna

You're welcome. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Thank you, Madam President. I'd just like to remind the listening audience and people in City Hall that today we're having free vision screening in the City Council Caucus Room from 12:00 p.m. until 2:00 p.m. today. They can go in and get free vision screening and there are other locations throughout the City of Philadelphia, including the Germantown Settlement Building on Wister, the Father Judd High School Health Fair in the 3300 block of Solly Avenue, the Cambodian Seniors Association at 1622 South 7th Street, Opportunities Towers at 1717 Huntington Park, J.C. Stiffle Senior Citizens at 604 Porter, the Cambodian Association at 5412 North Fifth Street, the Peak Center in Lansdale, Pennsylvania; the Scottish Rights House on Fitzwater street; 801 Residents at 8th and Locust; the Community College Health Fair, 17th and Spring Garden; and the Fernrock Ogontz Belfield Community Association; the New Frankford Community YWCA; and the Philadelphia Senior Citizens of 506 South Broad Street. Anyone interested in a free screening can call any of those centers and get the day they can go in for their free screening. It's very important for people who have diabetes, high blood pressure to get screening. Thank you very much.

Council President Verna

You're welcome. The Chair recognizes Councilman Cohen.

Councilman Cohen

Thank you, Madam President. Blackwell, maybe the problem is that we all read the election results wrong. Maybe what we needed to do was to have a democrat elected Governor. Instead, we find the press reports have been wrong and we have in fact re-elected another republican Governor, because I don't think a republican Governor would ever have dared to include the enormous cuts in human services at the same time proposing a $5 billion fund for business. End of comment. (Laughter.)

Council President Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Last week it was brought to my attention, the Councilwoman and I wanted to bring it today, we learned that on the Internet there's some derogatory term "nigger" is used as the key word for a search of products available for auction at eBay. There are a multitude items associated with countless types of racist images that African Americans have battled in this country and are instantly available for review and purchase. We looked on the Internet under eBay and that are used for other ethnic groups, and there are none. But if you go in on eBay and you key in the word "nigger," then this site comes up with all the these products that have been associated with African Americans in the past such as the black nigga, tobacco marbles, 1930 nigger head oysters, jolly nigger head bank, and many others. So I am in the process of writing the president and CEO of eBay to complain about this site and what's going on with the listing of those products, and I would encourage all of my colleagues to write to eBay. And we can give you the number. And anyone listening to protest this marketing item on the Internet. Thank you very much. (Applause.)

Council President Verna

Why don't you send a letter and we'll all sign it.

Councilwoman Tasco

The president suggests that I write a letter we all sign it, which I think would be very good and we will do that. Thank you very much.

Council President Verna

You're welcome. O'Neill.

Councilman O'Neill

Madam President, I'm just responding to my colleague Councilman Cohen who was adding some levity to the budget discussion. There was quote the other day from a very conservative republican state rep from the middle part of the state who said that he wanted to vote for the budget while it was being given in the address and it was the first republican budget he had seen in seven years. Thank you. (Laughter.)

Council President Verna

Are there any other speeches or comments from Members of the Committee? (No response.)

Council President Verna

Seeing none, the Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Madam President, I move that Council stand adjourned until Thursday, March 13 at 10:00 a.m. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that Council stand adjourned until Thursday, March 13th. say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The motion carries. Thank you. (Council adjourned at 11:25 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 May 6, 2003, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING ___________________________ Lisa C. Bradley, RPR and Notary Public

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