COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, December 16, 2004 10:10 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 JACK KELLY 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 JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO MICHAEL DECKER, 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, everyone. I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Reverend Philip Graham Ryken of the Tenth Presbyterian Church. He is here today as the guest of Councilman Rizzo. I would ask all members and guests to please rise.
Thank you, President Verna. It's great to have an opportunity to come back to the Chambers. I was here in September when there was a little labor unrest. Things seem a little calmer this morning. It's great to see a choir here this morning. I wanted to mention to the Members of the City Council, it's our 175th anniversary as a church. I brought with me a small gift, a CD of our anniversary concert in May either for you or a member of your staff I'll give you that after the prayer. Let us turn to the Lord in prayer, please. Our great God and our heavenly Father, we give you praise for this bright new day for the beauty of your creation and for the hope of your everlasting city. You are good in all your works and righteous in all your ways. This morning, we acknowledge that you are the God of cities and nations and that the work of government is your service for bringing justice and righteousness for our communities. So we pray for our nation. We pray this morning for our President, for Congress, for the Supreme Court that you have called to serve, asking for wisdom and integrity in their office. We pray for our nation's armed forces for their safety in the way of harm, for their success in building democracy in Iraq, Afghanistan, and other troubled parts of the world. We pray that in cooperation of other nations that you would force for peace and justice in the world. And Lord, we intercede especially for the city where you've called us for serve. We pray for its peace and for its prosperity. We pray this morning for our civil servants, for workers in government offices, in the parks, libraries and recreation centers, on the streets and in the firehouses and police stations. Lord, we ask that you would bless these servants in their daily work and that through their service Philadelphia would continue to be a wonderful place to live, to work, to worship, and to play. We pray for the Philadelphia Public School System and for all the private schools in our City. We include especially this morning, Lord, Nazareth Academy. We pray that you would have mercy on our children. We intercede for their safety. We ask that they would receive a good education that prepare them for life. And we would also pray for the poor and needy of our City, for the homeless in the year, for neglected children, for the elderly. We pray that the services of that City would be effective in meeting these practical needs, and that as the people of this City, we would care for people in need with kindness and compassion. We would also pray, Lord, for the business community of Philadelphia, for our civic economy. We pray for the blessing of financial prosperity, Lord, but at the same time for honesty and fairness in business. We pray for those who are out of work, Lord. We pray that you would meet their material needs and bring more good jobs to our City. And we would pray as well, Lord, for the Philadelphia Prison System this morning. We pray for all those to who work in the prison, both staff and volunteers. We pray for their peace and safety. We pray for our prison inmates, that you would be at work to transform their lives with new hope and that you would make them productive members of our society. We pray as well for Philadelphia's artists and musicians that they would bring our City. We pray for our churches that they would be effective in teaching your word and reaching out to their neighborhoods in the compassion of Christ. And Lord, we would pray for our Mayor, for the City Council President and all the Members of this Council. We pray for wisdom, integrity. We pray that today and in the coming year the Council would work through matters of difference and to make good decisions that would be blessing to the people of this City.
We pray for your blessing on our City budget. We pray that the Members of Council and their staffs would be effective in meeting the needs of their constituents. Father, we would also pray for the personal needs of each person here this morning, many unspoken but none of them unknown to you or beyond your care. We pray for wisdom, comfort, guidance, provision and peace, in the name of Jesus Christ, amen.
The Chair thanks Reverend Ryken for his very inspiring invocation. Thank you. be at ease. (Council at ease.)
Everyone's attention, please. The next order of business is the approval of the Journal of the meeting of Thursday, December 9, 2004. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, December 9, 2004, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, December 9, 2004, stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes it, the motion carries, and the Journal the meeting of Thursday, December 9, 2004, is approved. The next order of business is requests for leaves of absence. And again, 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, on behalf of the Republicans, there are no requests for leaves of absence.
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 Session. We time to join us as we attend to the legislative affairs of our City. At this time, we're going to deviate from our normal script. We are indeed honored today to have the choir from Nazareth Academy join us in giving us some Christmas spirit. And we certainly want to welcome all of you, and I know your parents are extremely proud of you. So if the choir will come to the main floor, you can proceed. (Choir singing.) (Applause.)
Before we proceed, one more song. And I certainly want to thank our Councilmembers Rizzo and Krajewski for extending an invitation for you for you to perform today. We're really enjoying it. You're absolutely beautiful. Thank you so much. (Applause) (Choir singing.) (Applause.)
A very Mr. David Hall. I see that my dear friend Carrie Rice is here, and to all to the members of the choir, we thank you for that absolutely beautiful performance. Hope you'll come back again next year. The Chair now recognizes Councilwoman Tasco who will present a resolution honoring the Eisenhower Fellowships. Will Ambassador John Wolf and those accompanying him please join the Councilwoman at the podium. Councilwoman Tasco is being joined by Councilman Nutter and Councilman Ramos. The Chair recognizes Councilwoman Tasco.
Thank you very much, Madam President. And we thank the young ladies for their wonderful music. This gives me great pleasure this morning to present this resolution honoring the Eisenhower Fellowships for 50 years of achievement in developing international, Whereas, the Eisenhower Fellowships is a Philadelphia-based, non-profit and nonpartisan organization created to honor President Eisenhower which promotes international understanding and productivity through the exchange of information, ideas, and perspectives among emerging leaders throughout the world; and Whereas, the leadership of the Eisenhower Fellowships is comprised of several national and local leaders, including Board Chairman Henry A. Kissinger and Trustees Madeline K. Albright, Lenore Annenberg, and Constantine Papadakis.
Whereas, the first Eisenhower Fellowship Program was held in 1954 with 13 fellows and the former President of Turkey, Suleyman Demirel, was a member of the first group of fellows. Whereas, the Eisenhower fellowships, through its multi-nation, single region or nation and USA programs has approximately 1500 alumnae fellows of which four have been heads government, 100 have received cabinet level or higher appointments, and numerous fellows have become ambassadors, national legislators, university presidents, and corporate and non-profit leaders.
Whereas, through its United States program, various Philadelphia leaders including but limited to City Solicitor Pedro Ramos, Della Clark, Executive Director of the Enterprise Center; David Thornberg, Executive Director of the Pennsylvania Economy League; David Heinman, managing partner of Kleinbard, Bell & Brecker LLP; and Keisha Hegamin, Executive Director of the Philadelphia Black Alliance for Educational Options have been Eisenhower fellows; therefore be it
Resolved by the Council of the City of Philadelphia that we honor the Eisenhower Fellowship for 50 years of achievement in developing international, national and local leaders. Further resolved that an engrossed copy of this resolution be presented to a as evidence of the sincere sentiments of this legislative. Certification that this is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 28th day of October 2004. Signed by President Anna C. Verna. Introduced by Marian B. Tasco, Juan F. Ramos and Michael Nutter and sponsored by all Members of City Council. Congratulations, and thank you so much (Applause.)
The Chair recognizes Ambassador Wolf for remarks. AMBASSADOR WOLF: Thank you very much, Madam President. Thank you Councilwoman, Councilmen. Thank you to the Philadelphia City Council. Like the song that we just heard, "There's No Like Home For the Holidays" is the way I felt four months ago when I came back to Philadelphia after 35 years away to head this remarkable this honor. For 47 of our 51 years, Philadelphia has hosted Eisenhower Fellowships. On behalf of our 1500 alumni around the world, I want to thank the people of Philadelphia. As the Council noted, Eisenhower Fellowships identifies men and women well on their way to positions of national or even international leadership. And for over 50 years, we've provided them with opportunities for professional, intellectual and personal growth. We look for people of outstanding achievement already in their mid-career, people who are ready to assume even greater positions of responsibility in their communities nationally and it internationally. A key characteristic is their ability to add to a diverse network of leaders that are all around the world. Dialog, creating understanding, building collaboration that has an impact, all of this is part of making it more prosperous, more just and more peaceful world. And we've been enormously successful, as the resolution notes. But it's not just our four heads of government, it's not the CEOs, cabinet ministers, or even university rectors who are the sum total of our experience because some people make a difference, an impact, on thousands or tens of thousands of people, whether they're in rural India or whether they're working here on the streets of Philadelphia. I'm just back from a trip to Asia. And there, a full generation of alumni fellows remember with fond nostalgia their time here in Philadelphia and in the United States and many credit the Eisenhower Fellowships with having had a profound impact on their lives and enabled them to have a profound impact on others. Another important aspect of our problem is the USA Program that sends talented Americans abroad. At the time, he was Mayor of Philadelphia, Governor Rendell, chaired the steering committee for the Philadelphia International Leadership Initiative. His successors and current co-chairs are Ann (ph) of the Philadelphia Art Museum, and Jane Pepper of Pennsylvania Horticultural Society. In addition to Eisenhower Fellows David Heinman and Della Clark who were mentioned in the resolution, we also have with us Diane Nelly who is in the corporate community relations. She's an executive with IBM. And we have Dale Harity who is at the Philadelphia Art Museum. We all want to say to you so very much, thank you for the hospitality that Philadelphia gives to the Eisenhower Fellows when they come to being the City that we're proud to represent. Thank you very much. (Applause.)
The Chair again recognizes Councilwoman Tasco who will present a resolution honoring Independence Blue Cross. Will Mr. Stephen Fear and Ms. Lorina the Councilwoman at the podium? Councilwoman Tasco is being joined by Councilman DiCicco. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. Again, I'm honored to present this resolution honoring Independence Blue Cross for its proactive leadership in addressing the nursing shortage by creating the Nurse Scholars Program. Whereas, the United States Department of Health and Human Services projects an 800,000 national shortfall of working nurses by the year 2020 as the US Bureau of Labor Statistics estimates 1 million registered nurses positions will be vacant by 2010; Whereas, since 1995, the American Association of Colleges of Nursing has confirmed that college nursing programs have been forced to turn away more than 11,000 qualified students due to limited faculty, sites, and classroom space; Whereas, with more that 78 million baby-boomers poised to retire, the need for nurses is about to increase dramatically and nursing educators say the biggest obstacle to increasing the number of nurses is the availability of nursing faculty.
Whereas, to combat the critical shortage of nursing instructors and nurses in southeastern Pennsylvania, Independence Blue Cross has crested the Nurses Scholars Program, a three-year, $3 million program to support graduate and undergraduate nursing education; Whereas, this year, 29 area colleges and universities have received grants from the Nurses Scholars Program. And through the program, approximately 575 graduate and undergraduate students have received scholarships; Whereas, the Philadelphia Health Management Corporation and the National Nursing Centers Consortium have honored the Independence Blue Cross and its president and CEO, G. Fred Dibona, Jr., and the Carl Moore Leadership Award, and the Public Health Award, respectively, for leadership in the creation of the Nurse Scholars Program.
Therefore, be it resolved by the Council of the City of Philadelphia that we hereby honor Independence Blue Cross for its proactive leadership in addressing the nursing shortage by creating the Nurse Scholars Program. Further resolved that an engrossed copy of this resolution be presented to a representative of Independence Blue Cross as evidence of the sincere sentiments of this legislative body. Certification that this is a true and correct copy of the originally resolution adopted by the Council of the City of Philadelphia on the 4th day of November 2004. Signed by President Anna Verna. Introduced by Marian B. Tasco and Frank DiCicco and sponsored by all Members of City Council. We graduate you, Blue Cross, and all the other folks involved with this program. Thank you. (Applause.)
The Chair recognizes Mr. Fear and Ms. Marshall Blake for remarks.
Thank you very much, Council President Verna, Councilwoman Tasco, Councilman DiCicco and all of the Councilmembers for this great honor. On behalf of President and CEO Fed Dibona who was the force behind this effort, our partners at the Pennsylvania Higher Education Foundation and the nearly 600 scholarship recipients whose efforts will improve the quality of care that we all receive tomorrow and for generations to come, I thank you very much for this honor and recognition. (Applause.)
Last but least, the Chair recognizes Councilman Nutter who will present a resolution for someone we all know and have worked with for a number of years. I know that I can speak personally that it's been a pleasure working with him. I am very, very sorry to receive him leave government, but I do wish him every success. And I am speaking of none other than Joe Syrnick. Joe, would you please join the Councilman? (Applause.)
You can still change your mind, Joe. (Laughter.)
Thank you, Madam President. Madam President, I may not know the President of Turkey's name that well, but I do know Joe Syrnick and I can pronounce it. This is a resolution commending Joseph R. Syrnick for his 34 years of service to the City of Philadelphia. Whereas, Joseph R. Syrnick began his service with the City of Philadelphia in the Streets Department as a graduate engineer in 1970; and Whereas, for the next 17 years, Joe was consistently promoted, starting at a Civil Engineer I and becoming the City's Chief Engineer and Surveyor in 1987; and Whereas, for the past 17 years as the City's Chief Engineer and Surveyor, Joe was responsible for managing the six survey districts and for revising and updating the City Plan. He also oversaw the Bridge Unit and supervised the Transportation, Engineering and Planning Unit, thus having overall responsibility for the 2400 miles of streets that constitute the City's roadway system; and Whereas, during tenure, Joe has had direct responsibility for major initiatives which have completely transformed the appearance of Philadelphia's roadways, streetscapes, bridges and commercial districts, including such pivotal projects as the Germantown Avenue Bridge, the Vine Street Expressway, the streetscape for the Avenue of the Arts, north and south; the Market Street East streetscape improvements; the reopening of Chestnut Street to traffic, and the renovation of the Strawberry Mansion Bridge; and Whereas, for the past 34 years, Joe Syrnick has served the citizens of this City with a true sense of dedication, sincerity and commitment; and Whereas, though leaving city government, Joe will continue to serve this City and its citizens it his new role as Executive Director of the Schuykill River Development Corporation. Now, therefore, resolved by the Council of the City of Philadelphia that we hereby commend Joseph R. Syrnick for his 34 years of service to the City of Philadelphia. Further resolved that an engrossed copy of this resolution be presented to Joseph R. Syrnick as an expression of the sincere sentiments of this legislative body for the positive impact he has made on Philadelphia's roadways, streetscapes and bridges. Signed by COUNCIL President Verna, introduced by myself, and co-sponsored by all Members of City Council. (Applause.)
The Chair recognizes Mr. Syrnick for remarks. MT. SYRNICK: Well, this is very kind of all of you. It's certainly unexpected and perhaps unwanted, but I thank you nonetheless, Councilman Nutter and Council President Verna and all the members of City Council and your staff. It's very nice. This next two weeks will be very difficult for me. I've been here, as you've heard, 34 years. I've enjoyed almost every minute of it and I shall miss it. I notice from the list of project that were read in resolution, I think apparently I was on the right side of all but one of them. But I'm not going too far. I'm not moving to Florida or California or some godforsaken place like that. And while I may no longer be on the City payroll, I'm comforted by knowing the and built with this Council and with the staff and with other people in the City will endure. So surely our paths will cross again and often, I'm sure, I would just like to say thank you to all of you. (Applause.)
The next order of business is communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the Clerk. The Clerk will please read the message from the Mayor.
A letter from the Mayor to the President and Members of the Council of the City of Philadelphia. I am pleased to advise you that on December 14, 2004, I signed the following bill that was passed by Council at its Session on December 9, 2004, Bill No. 040872. for the consideration of your honorable body 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 Grays Ferry Urban Renewal Area, identified by respective house number and street address as 1324 South 31st Street. 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 the East Poplar Urban Renewal Area, identified by house address and street as 910-948 North Sixth Street, including 909-947 North Marshal Street. And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed conveying for nominal consideration fee simple title to certain tracts of City-owned land located at 324-332 North 13th Street. And an ordinance authorizing the commissioner of Public Property to execute and deliver to the Philadelphia Authority for Development for nominal consideration a deed conveying fee simple title to a certain tracts of City-owned land with the buildings and improvements thereon situated in a rectangular area generally bounded by Ruth Street on the northwest, Clearfield Street on the northeast, Emerald Street on the southeast and Orleans Street on the southwest. And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed conveying for nominal consideration fee simple title to certain tracts of City-owned land located at 626-36 North Delaware Avenue. And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development, a deed for nominal consideration conveying fee simple title to land located at 837-839 Montrose Street. And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed conveying for nominal consideration fee simple title to certain tracts of City-owned land located at 1002-1010 Lemon Street. And an ordinance authorizing the Commissioner of Public Property to execute and deliver the Philadelphia Authority for Industrial Development a deed conveying for nominal consideration fee simple title to certain tracts of City-owned land located at 2501-07 South Fourth Street. And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development for nominal consideration a deed conveying fee simple title to a certain tract of City-owned land with the buildings and improvements thereon situate in an area generally located at the intersection of Wheatsheaf Lane and Sepviva Street. And an ordinance amending various provisions of the Philadelphia Code, including: Section 1-109 entitled "Fines and Penalties," Section A-504, entitled "Stop Work Order"; Section A-505, entitled "Cease Operations Order"; Chapter 6 of the Philadelphia Administrative Code, entitled "Penalties"; Title 6, entitled "Health Code," by increasing the maximum penalties for violations of various provisions of the Philadelphia Code.
Thank you. The messages will be printed in the Journal. The Clerk will please read any other communications in his position.
Thank you. The next order of business is the 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 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 will indicate by saying aye. (Aye.)
The ayes have it, and the more motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer one resolution which I ask to speak on.
Thank you. The Clerk will please read the title of the resolution.
A resolution authorizing City Council's Committee of the Whole to investigate legislative solutions to support the long-time residents of gentrifying neighborhoods and the retain a consultant to conduct the investigation's financial analysis.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded. The Chair recognizes Councilman Kenney.
Thank you, Madam President. On your behalf today and on behalf of Councilmember Clarke, I'm introducing this resolution to begin a process that really began back in 1982. I remember in another life I was a staffer to Senator Fumo and we were dealing with issues relative to the increase in property values and accompanying real estate taxes in the neighborhood of Queen Village which was in the Senator's district and Councilman DiCicco's district now. As a result of the interest in that neighborhood which is a blue collar working-class neighborhood, young people began to move in and fix up properties and improve and increase the property value, which is something we sought then and we seek now to have that kind of activity. As a result of that activity, people who had lived there for 20, 30, 40, even 50 years saw large increases and jumps in their real estate taxes based on the improved value of the properties around them, and that process has become known as gentrification. We began to try to address that problem back in 1982 with the passage of a constitutional amendment on the state-wide ballot in 1984. And in 1988, we received the enabling legislation from the Legislature to allow Philadelphia, which is the only city involved in this, to address this problem. Defining gentrification is difficult. No one who has -- any Councilmember who has properties in their district that find increases in property taxes would like to give their residence and voters some relieve, but this is a peculiar issue, gentrification, that applies only to selected number of neighborhoods in the City. And our task is going to be trying to figure out a formula and definition of gentrification and a formula on how to impose or put in place these special provisions to protect long-term residents who are living in these areas. People who are living in these houses did not ask for the improvement in the neighborhood. They're happy it's happening, but they also don't want to be taxed out of their homes. And I know that you especially and Councilmember Clarke, both in your districts right now are really going through some of the rough and tumble problems related to gentrification and people are concerned and fearful about their future and the future of their home. As you know, most people's biggest asset that they own in life that they've earned in life is their home. And when people feel that they may be taxed out of it, they get concerned and very fearful. So we look forward in 2005 working with yourself, Councilman Clarke Councilman DiCicco, everyone who has areas in their district who is dealing with this problem now to really try to find a formula and a solution to this problem so we can address this and give these people some relieve. So appreciate your help and Councilman Clarke's help in this effort. Thank you.
Thank you. It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the resolution will be referred to the Committee of the Whole. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today, I introduce one resolution on your behalf.
Thank you. The Clerk will please read the title of the resolution.
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 Gray's Ferry Urban Renewal Area, designated as Parcel No. 158, also sometimes identified by respective house number and street address as 1324 South 31st Street.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Cohen.
The Clerk will please read the title of the bill.
An ordinance repealing Bill No. 040560 entitled "Regulating the Direction of Movement of Traffic on 20th Street from Belfield Avenue to Olney Avenue northbound, and repealing Bill No. 040561 entitled, "Authorizing the revision of lines and grades of an area of City Plan No. 178, bounded by Olney Avenue, Ogontz Avenue, and Wistar Street.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Krajewski.
The Clerk will please read the title of the bill.
An ordinance amending various provisions of the Philadelphia Code including Section 1-109 entitled "Fines and Penalties," Section A-504, entitled "Stop Work Order"; Section A-505, entitled "Cease Operations Order"; Chapter 6 of the Philadelphia Administrative Code, entitled "Penalties"; Title 6, entitled "Health Code," by increasing the maximum penalties for violations of various provisions of the Philadelphia Code.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Mariano.
Thank you. The Chair recognizes Councilwoman Tasco.
The Clerk will please read the title of the resolution.
A resolution calling upon the Mayor to enforce Bill No. 030125, the MBEC ordinance, approved by the Mayor on April 23, 2003, and if the Mayor refuses to enforce this approved ordinance authorizing Council to retain Counsel to file a lawsuit to compel the Administration to enforce this ordinance.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today, I have no bills or resolutions, not even one to repeal.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Nutter.
In the spirit of Christmas. Madam President, I have no bills or resolutions today doing anything.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman DiCicco.
The Clerk will please read the title of the first bill.
An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development for nominal consideration deed conveying fee simple title to a certain tract of City-owned land with the buildings and improvements thereon situate in an area generally located at the intersection of Wheatsheaf and Sepviva Street.
And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority For Industrial Development a deed conveying for nominal consideration fee simple title to certain tracts of City-owned land located at 324-332 North 13th Street.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development, a deed for nominal consideration conveying fee simple title to certain tracts of City-owned land located at 837-839 Montrose Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed conveying for nominal consideration fee simple title to certain tracts of City-owned land located at 626-36 North Delaware Avenue.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the commissioner of Public Property to execute and deliver to the Philadelphia Authority for Development for nominal consideration a deed conveying fee simple title to a certain tracts of City-owned land with the buildings and improvements thereon situated in a rectangular area generally bounded by Ruth Street on the northwest, Clearfield Street on the northeast, Emerald Street on the southeast and Orleans Street on the southwest.
The bill will be referred to the appropriate committee. And the Chair recognizes Councilman O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have two bills and three resolutions, one resolution cosponsored by yourself and me and all Members of Council, and I'd like to speak on the resolution.
Thank you. The Clerk will please read the title of the bill.
An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed conveying for nominal consideration fee simple title to certain tracts of City-owned land located at 1002-1010 Lemon Street.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 17 of the Philadelphia Code entitled "Contracts and Procurement," by adding a Section 17-204 entitled "Disposition of Surplus Computer Equipment to Certain Non-Profit Organizations."
The bill will be referred to the appropriate committee.
And a resolution deploring the efforts by CSX Transportation to deprive Philadelphians of public access to one of the City's treasures, the Schuykill River Park and its trails, through a misguided lawsuit and also deploring CSX's intent for the City as demonstrated by its refusal to promptly appropriately repair its structural supports and bridge over 25th Street.
Thank you, Madam President. Madam President, today, we offer this resolution not only on your behalf and Members of Council, but also on behalf of the residents of the Center City and Logan Square area, some of whom are here right now today in support of the resolution. As you know, Madam President, years ago there was a vision to create park frontage along the river. We've completed that VISION, thanks to Fairmount Park and the State and other members who supported this effort. We have a wonderful pristine park along the Schuykill River. Unfortunately, as a result of CSX, they have made it virtually impossible for us to get to that park. As you know, we have been working over a number of years trying to work out a solution, and not only has CSX blocked our solution, they have actually had the nerve to take us to court because we won't allow them to continue to prohibit individuals from reaching this park. So today, ing on your behalf and all of us, we would like to send a message to the residents and send a message to CSX that we will continue to fight, and we ask today for approval of this resolution.
Yes, Madam President. I would also like to speak on this resolution. First of all, I'd like to commend you and my colleague here Councilman Clarke for joining the fight to keep this beautiful park accessible to all Philadelphians, especially those residents who have moved into Center City. This is one of the reasons they moved in to begin with, because they have a beautiful jewel of this park and they want to make it accessible. I am just shocked, shocked at the attitude of CSX, where we thought we were negotiating with them in good faith, they turned around and not only did they try to dismiss the negotiations, but they give us a lawsuit to begin with. I think this is a step in the wrong direction. I think we have to take issue with them. And I, for one, would never give them the time of day if they come into this Council for any different issue and any help that they may need. And I hope that all my colleagues in this Council will join me in that effort. We have to send them a message and make it crystal clear that we want to help the people of Philadelphia to enjoy this great, great park. And again, I hope that all my colleagues in this Council will join us in this fight. Thank you. (Applause.)
And I join you and echo your comments. Councilman Clarke, would you move for the adoption, please?
Yes, Madam President. I move for the adoption of this resolution.
I just wanted to add my support to this notion that we've got to keep the parks forever. It's the heart of the City. It's urgent that the rights of people be respected. And those that find different excuses for taking away parkland ought to be rebuffed strongly, and this Council is the place where the action should again. Thank you very much and thanks to my colleague who spoke. (Applause.)
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. (Applause.)
The Clerk will please read the title of the second resolution.
A resolution congratulating the North Philadelphia Aztec Youth Football Team on winning the 2004 Winter Division 2 Junior Peewee Tomlin Super Bowl Championship.
Madam President, I move for the adoption of the resolution, and I look forward to us coming us coming back into Session so we can bring those wonderful young men down to Council and honor them in the appropriate way.
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Clerk will please read the third resolution.
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 East Poplar Urban Renewal Area, designated as Parcel No. 101, also sometimes identified by respective house number and street address as 910-948 North Sixth Street.
It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
The Chair thanks the gentleman. The next order of business is reports from committees. The Chair recognizes Councilman Clarke for a report from the Committee on Public Property and Public Works.
Thank you, Madam President. The Committee on Public Works reports two bills with a favorable recommendation.
Thank you. The Clerk will please read the title of the report.
To the President and Members of the Council of the City of Philadelphia. The Committee on Public Works to which was referred Bill No. 040701, entitled an ordinance approving certain contracts and transactions arising thereunder for the purchase, storage, distribution transportation and/or transmission of natural gas entered into by the Philadelphia Facilities Management Corporation; 041045 entitled an ordinance amending Bill 990728, approved December 6, 1999, entitled an ordinance authorizing the Commissioner of Public Property to convey to the Redevelopment Authority of Philadelphia certain premises located at 1823-35 Callowhill Street; Respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
I move that the Rules be suspended as to permit first reading this day of Bill No. 040701 and Bill No. 041045. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill Nos. 040701 and 041045. All in favor will indicate by saying (Aye.)
The ayes have it, and the bills just read will be placed on today's First Reading Calendar. The Chair recognizes Councilman Ramos for a report from the Committee on Labor and Civil Service.
Thank you, Madam President. The Committee on Labor and Civil Service reports three bills with a favorable recommendation.
Thank you. The Clerk will please read the report.
To the President and Members of the Council of the City of Philadelphia, the Committee on Labor and Civil Service, to which as referred Bill No. 040326 entitled an ordinance amending Title 22 of the Philadelphia Code entitled "Public Employees Code," by amending Chapter 22-400 entitled "Disability Benefits," by amending 22-401 and Section 22-402, relating to ordinary disability retirement benefits to delete provisions related to a reduction in benefits for gainful employment; And Bill No. 040755 entitled, an ordinance amending Title 22 of the Philadelphia Code entitled Public Employees Retirement Code, by amending Section 22-501 relating to service connected health care benefits to amend the requirements; And Bill No. 041005 entitled, an ordinand amending Title 22 of the Philadelphia Code entitled "Public Employees Retirement Code," to allow for benefits to be paid to trusts for disable children and disabled adopted children of members, under certain terms and conditions; Respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Thank you. Again, the Chair recognizes Councilman Ramos.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit first reading this day of Bill Nos. 040326, 040755, and 041005. (Duly seconded.)
It has been move been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill Nos. 040326, 040755, and 041005. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the us bills just read will be placed on today's First Reading Calendar. The next order of business is the consideration of the Calendar. 12/16/01 - STATED - 1ST READING The Clerk will please read the bills on the First Reading Calendar.
Bill No. 040701, an ordinance approving certain contracts and transactions for the purchase, storage, distribution transportation and/or on transmission of natural gas entered into by the Philadelphia Facilities Management Corporation.
And Bill No. 041045, an ordinance amending Bill 990728, approved December 6, 1999, entitled an ordinance authorizing the Commissioner of Public Property to convey to the Redevelopment Authority of the City of Philadelphia certain premises located at 1823-35 Callowhill Street.
And Bill No. 040326 entitled an ordinance amending Title 22 of the Philadelphia Code entitled "Public Employees Retirement Code," by amending Chapter 22-400 12/16/01 - STATED - 1ST READING entitled "Disability Benefits," by amending 22-401 and Section 22-402, relating to ordinary disability retirement benefits to delete provisions related to a reduction in benefits for gainful employment.
And Bill No. 040755, an ordinance amending Title 22 of the Philadelphia Code entitled "Public Employees Retirement Code," by amending Section 22-501 relating to service connected health care benefits to amend the requirements.
And Bill No. 041005, an ordinance amending Title 22 of the Philadelphia Code entitled "Public Employees Retirement Code," to allow for benefits to be paid to trusts for disable children and disabled adopted children of members, under certain terms and conditions.
The Chair agrees. 12/16/01 - STATED - 2ND READING That concludes the First Reading Calendar. The Chair recognizes Councilwoman Blackwell for the purpose of calling up the bills on the Second Reading and Final Passage Calendar.
Thank you, Madam President. Today, Bill Nos. 040113-AA, 040788-AA, 041041, 041039, 040780, 040868, 040937, 040972, 040999, 040935, 041001, 041042, 040853, 040866, 040867, 040875, 040905, 040917, 040918, 040919, 040921, 040934, 040938, 040964, 040965, 040966, 040967, 040968, 040969, 040970, 040971, 041003, 041004, 041006, 041007, 040996, 040998, 041037, 041038 are being called up for second reading and final passage. All others are being held.
Thank you. The Clerk will please read the title of Bill NO. 040113-AA.
An ordinance amending Chapter 10-800 of the Philadelphia Code entitled "Safety," by adding a new Section 12/16/01 - STATED - 2ND READING 10-832 entitled "Firearms Tracing," to require that the City of Philadelphia Police Department conduct traces of firearms illegally processed by anyone unde 21 years of age.
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.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The Clerk will please read the title 12/16/01 - STATED - 2ND READING of the Bill No. 040788-AA.
An ordinance amending Chapter 9-600 of the Philadelphia Code entitled "Service Businesses," by adding a new section regulating the hours of operation of commercial establishments located on residential blocks.
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.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the 12/16/01 - STATED - 2ND READING affirmative, the bill passes. The next bill to be called for consideration is Bill No. 041039.
An ordinance authorizing the Commissioner of Public Property to acquire by purchase, condemnation, or other means the properties located at 314 North 19th Street, 316 North 19th Street, 1932 and 1934 Callowhill 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.
Aye. 12/16/01 - STATED - 2ND READING The ayes are 17, 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. 041041.
An ordinance authorizing the Commissioner of Public Property and Director of Commerce to enter into a ground lease agreement, The Library Ground Lease, with the Philadelphia Authority for Industrial Development, providing for leasing by the City to PAID of certain parcels of land and improvements thereon owned or to be acquired by the City, and further authorizing said officers to enter into a prime lease, The Library Prime Lease, between PAID and the City providing for the subleasing by PAID to the City of all or a portion of such land and certain improvements to be renovated and constructed thereon, including renovations to the existing central library of the Free Library of Philadelphia.
This bill having been read on two different days, the 12/16/01 - STATED - 2ND READING question now is shall the bill pass finally. The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. (Applause.)
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by the Frankford Creek, Aramingo Avenue, Wheatsheaf 12/16/01 - STATED - 2ND READING Lane, Sepviva Street, Butler Street, Frankford Avenue, Valetta Street, Coral Street, Vici Street and Frankford 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.
Aye. The ayes are 17, 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. 040868.
An ordinance to amend 12/16/01 - STATED - 2ND READING the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Rhawn Street, Leonard Street, Loney Street and the Roosevelt Boulevard.
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.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. We will now consider Bill No. 12/16/01 - STATED - 2ND READING 040937.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Delaware Avenue, Penn Street, Ellen Street extended, the Delaware River and Spring Garden 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.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the 12/16/01 - STATED - 2ND READING affirmative, this bill passes. The next bill to be called for consideration is Bill No. 040972.
An ordinance amending Title 14 of the Philadelphia Code relating to zoning and planning by adding a new section 14-1629 entitled "Yorktown Special District Controls."
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.
Aye. The ayes are 17, the nays are 0. A 12/16/01 - STATED - 2ND READING majority of all Members having voted in the affirmative, the bill passes. (Applause.)
The next bill to be consideration is Bill No. 040999.
An ordinance amending Title 14 of the Philadelphia Code entitled "Zoning and Planning," by deleting and no longer permitting the preparation and retail sale of food for consumption off premises as an accessory use in the C-2 Commercial District.
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.
Aye. The ayes are 17, 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. 040935.
An ordinance amending Section 10-1001 of the Philadelphia Code related to fees of Commissioner of Records to increase the fees for recording documents.
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.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 041001.
An ordinance amending Section 19-203 of the Philadelphia Code entitled "Payroll Deductions" by permitting employees to authorize payroll deductions to purchase long-term care and other voluntary insurance benefits through financial integrity resources management.
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.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. Bill No. 041042 will be called up for consideration.
An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, Commonwealth of Pennsylvania, under the Redevelopment Assistant Capital Program in an aggregate amount not to exceed $113,770,000 to assist in the development of Children's Hospital of Philadelphia, University of Pennsylvania Cancer Care Facility, Fox Chase Cancer Center, Girard Avenue Streetscape and Mount Airy USA.
This bill having been read on two different days, the 12/16/01 - STATED - 2ND READING question now is shall the bill pass finally. The Clerk will please call the roll.
Councilman Cohen. I'm recognizing, Councilman Cohen.
Okay, thank you. I would like to move to divide the Comcast approval from all others.
Why is there no second? I can't understand this Council'S freedom to give taxpayer money even though it may be State money instead of City money.
Councilman, I think you made a motion. It was not seconded. If you want to go forward, please do.
Seems to me that at a time when SEPTA is threatening increases to $3 a fare that money for SEPTA would be much more appreciated by the people who need help than the rich corporation which may have 12/16/01 - STATED - 2ND READING started poor in Philadelphia. It was so poor in the beginning that they often used my office for a headquarters action in Council. That was in the early days when cable TV was new. But like most other groups, when they became rich, the became -- excuse me to the three Republicans -- they became Republican in policy and decided that government money ought to be used by them. And that makes no sense to me. For a time when the schools need money desperately or the library is hungry for money, these are important needs, but if Comcast wants to be a government agency with the right to use government funds, let them give up private ownership and let the profits go to the City that it help lower the tax rates for everybody else. I don't see any offer by Comcast to go public, and I see no reason whatever why they should be treated in a special way. I can't see any difference frankly to the situation in which we're giving tax-free money to Comcast, and the Bush policy which most Members of this Council oppose when he gave back he said to the rich people their 12/16/01 - STATED - 2ND READING own tax money. It wasn't their own tax money. They paid it as part of taxes. It was government money. What's the difference between our giving $30 million to Comcast of State tax money and the Bush tax plan for the rich only. I can't understand why this Council would so obediently lie down on the ground and say, "Yep, tough luck, SEPTA riders, maybe you're not going to be able to go to work anymore because you can't afford the fees. Maybe you can't send your kids to school because you can't afford the transportation money to send the kids on SEPTA. But Comcast, my God, they're rich and powerful. We've got to yield to them." It makes absolutely no sense. And again, I make my appeal. I think when Democrats are elected on democratic programs that speak to the interest of the working people and the middle class and the poor people, when you get elected on that platform, I think you have an obligation to vote that way. I can't see suddenly becoming members of another party which has a different political 12/16/01 - STATED - 2ND READING philosophy. And, therefore, I urge some colleague to come forth and second. Or else I think we ought to announce from this point forward we're a Republican organization following George Bush's policies. Let me try another motion if that one won't. I would move that Comcast Corporation be deleted from this bill.
Gosh I wish I knew the secret of Comcast securing 16 votes in this Chamber so easily.
Thank you, Madam President. With all due respect to my colleague -
I really don't understand how a democratic organization can lie down on a job this way and say yes, let's give government money to the rich and powerful and let's not worry about anybody -
Thank you, Madam 12/16/01 - STATED - 2ND READING President.
Councilman Cohen, I did recognize Councilman Goode. I though you were finished. Councilman Goode.
I absolutely do not. Thank you, Madam President. With all due respect to my colleague, he did in fact vote for the Comcast KOIZ, which I voted against. We are voting on a package of projects, many of which are community development projects. This is a matter of returning tax dollars that the citizens of returning tax dollars that the citizens of Philadelphia paid to the state which Governor 12/16/01 - STATED - 2ND READING Rendell have sent back to Philadelphia. If we could consider these individually, I would like to, but we can't so I believe we should move on.
Thank you sir. The Chair recognizes Councilman O'Neill.
Madam President, thank you. We're in the holiday spirit I know today, and I would just like to thank on behalf of the Republican Caucus Councilman Cohen for continuing to reach out to us to build bridges to the Republicans. If he keeps doing it, we may actually second one of his motions one of these days. Thank you.
Thank you. Councilman Cohen, your light is on. Are you finished?
Well, just one last comment. At least I can say this for the Republican Party: They're open and they vote the way they campaign, and I think that's an honest factor that the Democratic Party here 12/16/01 - STATED - 2ND READING in Philadelphia ought to observe. If you're going to campaign as a Democrat, I think you've given your vote to the constituency that you're interested in them and not in the wealthy people that we always accuse the Republicans of being interested in. But here in a body of 14 to 3, 13 Democrats are sticking with Republican philosophy. I think that's shameful and ought to be changed in Philadelphia.
With all due respect to my colleague -- I thought that was a great introduction, Councilman Goode. I should have used it the last time. With all due respect to my colleague, I believe Comcast and all the other issues in this bill are Philadelphia issues and not Republican and Democrat. Thank you.
Thank you. This bill having been read on two different days, the question now is shall the 12/16/01 - STATED - 2ND READING bill pass finally. The Clerk will please call the roll.
Aye. The ayes are 16, the nays 1. A majority of all Members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 040853.
An ordinance amending Section 9-204 of the Philadelphia Code relating to sidewalk vendors in Center City to prohibit propulsion of growers and producers stands by internal combustion engine at farmers markets. 12/16/01 - STATED - 2ND READING
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.
Aye. The ayes are 17, 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. 040866.
An ordinance amending Section 9-205 of the Philadelphia Code entitled "Sidewalk Sales," by prohibiting vending within an area bounded by 65th Street. 12/16/01 - STATED - 2ND READING
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.
Aye. The ayes are 17, 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. 040867.
This bill having been read on two different days, the 12/16/01 - STATED - 2ND READING question now is shall the bill pass finally. The Clerk will please call the roll.
Aye. The ayes are 17, 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. 040875.
An ordinance amending Section 2 of an ordinance, Bill No. 030347 entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 238 by striking from the City Plan and vacating Salter Street from third street to 12/16/01 - STATED - 2ND READING Orianna 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.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. Bill No. 040905 is next to be called for consideration.
An ordinance amending Section 2 of an ordinance, Bill No. 020252 entitled an ordinance authorizing the revision 12/16/01 - STATED - 2ND READING of lines and grades on a portion of City Plan No. 13S by striking from the City Plan and vacating Lawrence Street from Wharton Street to Titan Street, by extending the period for compliance with the authorization conditions therein
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.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. 12/16/01 - STATED - 2ND READING The next bill to be called for consideration is Bill No. 040917.
An ordinance amending Section 2 of an ordinance, Bill 020430, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 312 by striking from the City Plan and vacating the legally opened portions of Jackson Street from Pearson Street to Aubrey 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.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. Bill No. 040918 will be called next.
An ordinance amending Section 2 of an Ordinance, Bill No. 010713, entitled An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 194 by striking from the City Plan and vacating Bodine Street from Diamond Street to Susquehanna 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.
Aye. The ayes are 17, 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 040919.
An ordinance AMENDING Section 4 of an Ordinance, Bill No. 010381, entitled AN ORDINANCE authorizing Edward Flippen, owner of the property located at 5651 Lansdowne Avenue, to construct, use and maintain a one-story building addition.
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.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. Bill No. 040921 is to be called, please.
An ordinance granting permission to Sunesys Inc., its successors and assigns to construct, maintain and operate, replace, and remove a telecommunications system along, over, in and under the public rights-of-way, City streets and Fairmount Park.
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.
Aye. The ayes are 17, 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 040934.
An ordinance authorizing John Captis, 1407 Melrose Avenue, owner of the property 2601 S. Carroll Street, his successors and assigns, to construct and maintain a garage extension.
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.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 040938.
An ordinance granting permission to Sunesys Inc., its successors and assigns to construct, maintain and operate, replace, and remove a telecommunications system along, over, in and under the public rights-of-way, City streets and Fairmount Park.
This bill having been read on two different days, the question now is shall the bill pass finally. 12/16/01 - STATED - 2ND READING The Clerk will please call the roll.
Aye. The ayes are 17, 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. 040964.
An ordinance authorizing Simon Associates, owner of the property 315 South 45th Street, to construct a privately owned electrical transformer vault on the north footway of Pine Street adjacent to the property.
This bill 12/16/01 - STATED - 2ND READING having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 040965.
An ordinance authorizing Children's Hospital of Philadelphia to construct, own and maintain various encroachments to be installed in conjunction with roadway improvements streetscape project 12/16/01 - STATED - 2ND READING in the vicinity of South 34th Street and Civic Center Boulevard.
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.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. The next bill to be call for consideration is Bill No. 040966.
An ordinance authorizing Sunoco Inc., Philadelphia Refinery to install 12/16/01 - STATED - 2ND READING an aluminum post with siren, related equipment and an aerial electrical service on a traffic island bordered by South 56th Street, Lindbergh Boulevard and Elmwood 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.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The Bill No. 040967 will be called next, please. 12/16/01 - STATED - 2ND READING
An ordinance authorizing John & Danielle Alexander, 2237 Kimball Street, their successors and assigns, to construct and maintain a building addition on South 22nd 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.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for 12/16/01 - STATED - 2ND READING consideration is Bill No. 040968.
An ordinance authorizing Pennsylvania Hospital of the University of Pennsylvania Health System, 800 Spruce Street, its successors and assigns, to construct, own and maintain a ductbank beneath Delancey 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.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the 12/16/01 - STATED - 2ND READING affirmative, the bill passes. The next bill to be called for consideration is Bill No. 040969.
An ordinance regulating the direction of movement of traffic on Philip Street, from Gaskill Street to Lombard Street, southbound.
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.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the 12/16/01 - STATED - 2ND READING affirmative, the bill passes. Bill No. 04070 will be called next for consideration.
An ordinance authorizing Phillips Lombard Street, L.P., owner and developer for the Liberty Court at Society Hill, to construct, own and maintain various encroachments.
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.
Aye. The ayes are 17, the nays are 0. A 12/16/01 - STATED - 2ND READING majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 040971.
An ordinance regulating the direction of movement of traffic on Gaskill Street, from Third Street to Philip Street, westbound.
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.
Aye. The ayes are 17, the nays are 0. A 12/16/01 - STATED - 2ND READING majority of all Members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 041003.
An ordinance authorizing Vesuvio Restaurant & Bar, 736-38 South 8th Street, to construct, own and maintain building encroachments consisting of a vestibule, rigid frame canopy, masonry fence wall and an open-air sidewalk café.
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.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for -
I originally was going to go with 041004, but there seems to be some confusion between myself, Councilman Cohen, and the attorney who represent the vendors association. So in the interest of sparing this Council a floor debate on this bill, I will hold it until next year.
Thank you sir. In view of your remarks, we will now consider Bill No. 041006.
An ordinance regulating the direction of movement of traffic on Morse Street, from Uber Street to 19th street, eastbound.
This bill 12/16/01 - STATED - 2ND READING having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 041007.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 121 within an area bounded by Jefferson Street, 20th Street, Oxford Street and 19th Street. 12/16/01 - STATED - 2ND READING
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.
Aye. The ayes are 17, 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 040996.
The Chair recognizes Councilwoman Brown. 12/16/01 - STATED - 2ND READING
Thank you, Madam President. I would like to speak briefly on this bill.
The Clerk will please read the title of the bill.
An ordinance repealing Chapter 10-1200 of The Philadelphia Code entitled "Posting of Temporary Signs," and adopting a new Chapter 10-1200, entitled "Posting of Signs."
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I consider this bill to be a freedom of speech issue. Outside of West Philadelphia in 1995, no one new Blondell Reynolds Brown. Posters help this first-time candidate to essentially get my face and name throughout the City for a sixth place finish in 1995. In 1999, I came in one of the top five in the primary. A principal reason for that is success was the visibility campaign 12/16/01 - STATED - 2ND READING arrived through postering. I recognize this bill is not aimed at me or any particular person or particularly eager first-time candidates. However, if the rules are followed and enforced, campaign signs should not be a real problem. The record should show that I take down all my signs within 30 days of the election and most often get them down within seven days. I repeat, it is a freedom of speech issue. It is helping a first-time candidate issue. The sponsor of this bill is a friend, and we talked about this bill ad nauseam. I understand what he is trying to do and I believe his reasoning has merit; however, I feel ultimately enforcement is the best answer to this problem, Madam President. And I will respectfully be voting no on this bill.
Thank you. The Chair recognizes Councilman Mariano.
Thank you, 12/16/01 - STATED - 2ND READING Madam President. I would like to say that my colleague Councilwoman Brown, we did speak about this, and this has nothing to do with stifling anybody's first amendment rights. She's going to believe what she wants to believe, and I'm going to believe what I want to believe, and the people in here will vote the way they need to vote. It is strictly a form of graffiti. I mean, we had hearings in here about people scratching on people's windows, etching or something like that they called it, and we spent lots of time. It's just another form of graffiti. We have people in here that champion causes that are near and dear to their hearts. This is one that's near and dear to my heart because -- I also challenged a councilman and won a first time, an incumbent councilman in a district where there was a different councilman every time after Harry Ginotty left. And I do believe signs are an important part of political process, but they need to be in the windows, they need to be in storefronts, they need to by in 12/16/01 - STATED - 2ND READING people that want to support us, not on Public utility bills. This gets into weight loss reduction, computer fixing, everything. It's just another from of graffiti and I would like everyone to try to support this, but we're going to have to vote our heart. Thank you, Madam President.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I haven't said anything on this issue, although I agree -- and I won't vote against my colleague Councilman Mariano, but I would like to meet with both Councilman Mariano and Councilwoman Blondell Reynolds to see if we can come up with something that maybe works in my district that may not be the same as in his district. Certainly, in the district I represent, it's fine. We don't have -- I understand what he's saying about graffiti. We get out signs down. I mean, we had issues even with posting a sign because, you know, we 12/16/01 - STATED - 2ND READING don't have big areas where we can post signs. If people can't put them on poles -- you can't do trees. Obviously, you can't do trees environmentally. It limits people's ability to be able to campaign. I try to support my colleagues. As I said, we have a joke going around in my district where we call some signs lot signs because we don't have lawns in all areas of the district, and we call them lot signs and we talk about where we can post them. But I do believe that maybe one rule doesn't fit all, and I would like us to come up with something that maybe works for my area that may not work for another area. Thank you, Madam Chair.
Thank you. The Chair recognizes Councilman Cohen.
Thank you, Madam President, I was the only Councilmember, maybe the only public official, who testified at federal court against the original bill. It passed at Councilman Mariano's request I think 12/16/01 - STATED - 2ND READING 16 to 1 before. I'm told by the legal scholars who addressed the first bill that this bill may very well also be unconstitutional generally on the same grounds as being over-broad. I, therefore, would support Councilwoman Blackwell's approach that let's get together and see if something workable can be worked out. If not, we'll ultimately goat to court again. But if Councilman Mariano insists on a vote today, I will join happily to vote against the bill because I think it is a bill intended to make it safe for incumbents. And when incumbents are safe, then the people suffer in the City. Incumbents have to worry that their actions are being examined by the citizenry and that if they don't do well, if they don't represent their people well, there may be a threat. I see no good to come from a bill making it safe for incumbents who have power to continue to wield it permanently. And that's the reason I feel this way. But if we can accommodate each other's desires, that would be good. But we could use the time at the recess to work at 12/16/01 - STATED - 2ND READING that. But if not, I will be voting no on the bill.
Thank you, sir. The Chair recognizes Councilman Mariano.
I probably should have said this at first, Council President. The judge that ruled in the case that Councilman Cohen is referring to has told the Law Department. The Law Department informed myself and my legislative aid that if we don't do this thing today, that we can't do it next year. He gave us a time limit, if I'm quoting him right. I'm not an attorney, don't want to be an attorney, never wanted to be an attorney, and don't really even like attorneys. But I want to say that -- with the exception of Councilman O'Neill. I just want to say that we're only doing it today -- I would love to compromise, Councilman. I know you're going to challenge this bill and you should if that's what's in your heart of hearts. And I would love to 12/16/01 - STATED - 2ND READING work with Councilwoman Blackwell, but the smart guys tell this dumb guy that we've got to vote on it today. So we vote it and see what happens.
May I ask what the reasoning is for it to be voted on today?
I've been a little out of commission for about a week, but Mr. Lisko can tell me that the judge told us -
The judge has given us to the end of the year to bring this up to make it constitutional. Without doing that, it's going to start an entire legal process that the Law Department has advised us would just cost money. It was their opinion that we could take car of this with the bill that we introduced.
And I would also say, Council President, that I'm not about protecting incumbents. There are some incumbents that probably shouldn't be in here. So people probably think I shouldn't be in 12/16/01 - STATED - 2ND READING here. We'll be able to do what we can do with signs however we want. It's very simple; you vote for it or you don't. No one has to vote for it because they want to vote for it to protect me or do anything. I believe if we hold it, I certainly would.
Thank you. Does anyone else want to be recognized on this issue? Councilman Cohen.
I can't make out what Councilman Mariano is referring to. The judge could not have given you a legal opinion as to what the legal effect would be if a change were made or not made because that, at most, could be an advisory opinion would not have the force of law. I'm told by the attorneys that started the original case that they have studied this. They feel that such a law, as the one Councilman Mariano proposes, would bring about the same kind of problems before. I think we ought to take some time over the winter holiday season to study it, and then 12/16/01 - STATED - 2ND READING Mr. Mariano can do what he wants. And from my part, I can do what I want. But I think it always pays to trying to work out something where both sides is willing to do it. Now, I'm requesting Councilman Mariano to agree as Councilman DiCicco did. Councilman DiCicco is a tough guy to get to agree to anything, but he final saw it's better to agree to be reasonable than to fight it out two or three times. And I would like to request Councilman Mariano to hold the bill, see what we can do over the holiday season. If not, he's free always to come back again and I will be free to attack it again if I believe it's necessary to attack. But I would hope we could come to an agreement.
Thank you, Councilman. The Chair recognizes Councilman DiCicco.
But please be reasonable. 12/16/01 - STATED - 2ND READING
I will try to do that as well. I was not even going to engage in this discussion. I know how I was voting. I was actually voting in favor and I still intend to vote in favor of this bill. As many of you may recall, I attempted to do this several years ago. I think it was back in '97, and we had some -we had public hearings. In fact, I recall there was a gentleman who came in from California because I got the idea on this ban from the county of Los Angeles. And the case went up to the United States Supreme Court, if memory serves me correct, and the Supreme Court ruled that it is not unconstitutional to impose such prohibitions because there are other means or medias for advertising. I just think it's one of those situations -- and with all due respect to my colleagues and I understand your concern for allowing other folks who are not incumbents to have an opportunity, if you will, to get their name out there so they can get some 12/16/01 - STATED - 2ND READING recognition and hopefully get themselves re-elected. The problem, as I see it, is just as Councilman Mariano said, it's just another form of graffiti. I refer to it as visual graffiti. And I also find it strange that there are some people in here today who are fighting for the right to be able to advertise, but these are the same folks who have been very vocal and boisterous in their opposition to billboards and other types of advertising that I think are important to the economic development of the City. And public toilets, as an example, one of the reasons we still do not have public toilets in the City of Philadelphia is because public toilets will require a certain amount of advertising to be placed on the facility. But for the advertising, we would have public toilets. So, you know, again, it's a case where we want it both ways sometimes. And I think in this case, with all due respect to future candidates -- I know my Councilman Kenney when I was campaigning with him in 1991, did not 12/16/01 - STATED - 2ND READING put up a single poster on any pole, tree, or other building in the entire City of Philadelphia. And I think he came in first or second City wide. For me, a person who is going to support me would be willing to put their poster in their home window or in a storefront is really what it's all about. These posters, unfortunately, L&I has many other important things to do. They're never able to enforce it. We keep saying, "Let's hold off and maybe we can get it right." In my experience from 1997 until this present day, we still haven't been able to get it right. There are Bush signs. There are Kerry signs. There are signs up from this past election and probably from the Primary. If you go out to the suburbs on the other side in City line no matter what point that surrounds the City of Philadelphia and you spend a half hour there and come back, you know when you're in Philadelphia, not because the sign says "Welcome to Philadelphia," you can tell by the signs and posters that are stuck on poles, trees, you name it. The 12/16/01 - STATED - 2ND READING suburbs don't allow it. I don't know why we can't do the same thing. There are other mediums for advertising. We live in an electronic age. And it's not all that expensive to do some of those other forms of advertising. So I'm in full support of this bill, and I've waited since 1997 for this, so I don't think we need wait any longer. Thank you, Madam President.
Councilman, I would just like to add some very brief remarks to what you've said because I remember years ago many people were trying to address this very issue. I don't recall what year it was. But if you were going to put up posters, you had to get disks from L&I. Does anybody remember that? And we had to pay for them. It's a sticker. We had to pay for them. We actually pass bills, but they were never enforced. And I think it's just gotten very out of hand; it really has.
If I can just follow up on that, Madam President. Again, my comment about we want it both ways is, it's 12/16/01 - STATED - 2ND READING okay to keep political posters up, but yet we get very upset when we see -- I think Councilman Mariano may have pointed it out, the weight loss stuff, the computers, call this number, if you have furniture for sale. We're a lot more aggressive in that type of enforcement. But when it comes to politicians and people like ourselves, you know, we're the incumbents. People look to us for leadership. And I think this is a great opportunity to show the citizens of this City that we're willing to restrain ourselves from putting our faces on posters and putting poles and trees throughout the City in the interest of making the City a much more cleaner place. And one more thought that just came to mind. When I had those hearings in '97, I think the gentleman who came in from Los Angeles said that they did a survey of the major cities throughout this country, Philadelphia has the distinction of being the City with the most posters throughout the entire country. And again, it's visual graffiti. 12/16/01 - STATED - 2ND READING And for those posters that eventually come down, either because someone's opponent tore them down or the weather, they wind up in street. They clog up the sewers. Sanitation employees have to go out and clean it up. The taxpayers are literally footing the bill to remove it regardless of whether the candidate does what they're supposed to do and applies for the stickers and removes them. I mean, theoretically, if you follow the rules and you don't put up a poster but for 30 days prior to the election, they give you 30 days to remove it. The posters are up for 60 days in the Primary and 60 days for the General Election following the 30-day rule before they can go up. So for four months of the year, if you're following the rules, we have this visual graffiti in our faces at a minimum of four months a year. Thank you.
Thank you, Councilman. The Chair recognizes Councilman Clarke. 12/16/01 - STATED - 2ND READING
Thank you, Madam President. Madam President, in the earlier version of the bill, and we were discussing this a year or two ago, I had some concern about placing the posters, primarily the issue Councilwoman Brown spoke of, essentially not allowing a challenger, particularly a challenger who had limited resources to be able to advertise themselves. I know there's some question as to whether or not that really enhances your chances of winning. Some people think it does, some people think it doesn't. But the reality is that every time I ride up North Broad Street and every time there's an album released, these poles are plastered with signs. I mean, it's ridiculous. And the reality is that there's limited opportunity to basically enforce it because we don't have a clue as to who actually placed the signs other than the particular artist who they're advertising, but there's no reference to where it came from. As opposed to when elected officials at a minimum you have friends of and I think we're pretty easy to find to determine 12/16/01 - STATED - 2ND READING who in fact is placing those posters up. So while I do have some concerns about limiting the ability of a challenger -frankly speaking, I always welcome a challenge. I think it keeps your skills sharp. I think we have to look at the reality of what's going on on these poles throughout our City. I think about the fact in approximately three months we're going to be implement a $12 million Admiral to Arsenal Broad streetscape where we will be placing new poles up on North Broad Street. And I shutter with the thought that immediately they will be plastered with these stickers, the glue and all of that that, frankly speaking, damages these things permanently. So although I am concerned about the political implications as it relates to challengers, I think that overall we rally need to do something about the proliferation of posters on our utility poles.
Thank you. The Chair recognizes Councilwoman Blackwell. 12/16/01 - STATED - 2ND READING
Thank you, Madam President. I appreciate all that my colleagues have said. Frankly, I like the fact that our City doesn't look like the suburbs. I love our City. The people in my district like to see signs up from candidates who are running for offices. It's one of the ways they know running. It's one of the ways that they know that we are interested and that we want their vote. Certainly, I respect all that has been said here today I agree with Councilman DiCicco that we did ourselves a disservice when we didn't do the portable toilets. Maybe one day we will get to that point where we will. I supported my colleagues when we dealt with these big posters, overhead posters. I don't have very many in my district. So I support those who do have that problem and we respect one another in terms of what works. But for me, I think posters are great. And I will not vote against my colleague today, but I will over the holiday look at ways that maybe I can just exempt myself from some of 12/16/01 - STATED - 2ND READING this. Again, we respect trees. I have University City and our folks would really be upset if we put posters on trees. But saying that, utility poles and all that works well for me. But again, I believe I'm in the minority where my colleagues are concerned. So I don't want to be offensive. I'll look at something maybe will just work for me, and I'll respect the rights of everyone else. Thank you.
Thank you. The Chair recognizes Councilman O'Neill.
Madam Chair, thank you. I would just like to say that while Councilman Mariano mentioned that he wasn't a lawyer, as if we have that announced, and that he doesn't like most lawyers, which I'm glad I'm not one of them, I really think we ought to recognize and applaud his efforts to work closely with the Law Department to make sure that this bill has the best chance and highest recommendation from the Law Department that it will pass constitutional 12/16/01 - STATED - 2ND READING muster. This is not something where he's just pushing a bill back again, but spent a lot of time and a lot of effort working with people who do know the law, who are constitutional experts, and I think we all should support him in doing that regardless of our positions on the first amendment. We rely on the Law Department in this City for those kinds of judgments, especially when they've been involved in a federal case involving this very issue. So I'd like to personally thank him, and I will be supporting the bill. Thank you.
Thank you. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I am somewhat intrigued by this issue of timing with regard to the legislation. I had not heard of anything like that before, so I'd like to inquire through the Chair if I might be able to ask Councilman Mariano some questions.
Councilman 12/16/01 - STATED - 2ND READING Mariano.
Madam President, I recall the previous bill having gone to court, and I thought that the Court struck the matter down. So therefore, I'm not completely understanding why there is continued court activity with regard to this matter. Or is there some other matter before the court unrelated to the first bill in this subject matter. So I need to ask the Councilman why are we in court in the first place?
Councilman, through the magic of this wonderful blackberry that we all know about through reading the paper in the last couple years in Philadelphia, the lawsuit was from the ACLU, and the case is on hold until December the 16th, which is today. Now, there's a preliminary injunction in part of the ACLU's 12/16/01 - STATED - 2ND READING lawsuit and is against parts the bill. If there is no action taken today, the case is revived. So by not voting on this -
Who else is -- I mean, the ACLU by themselves filed this suit against the City?
So there's present litigation against the current provisions in the Philadelphia Code?
Filed by the ACLU and other parties, one of whom is Councilman Cohen?
Is a party of a suit against the City regarding the current -
The bill that I sponsored that this body passed. And we're 12/16/01 - STATED - 2ND READING appealing that decision.
Like Councilman O'Neill said, by working with the Law Department, this is where the Law Department has it. They said if we don't do this to today, there will actually be two lawsuits. It seems to me in my un-legal mind that the judge wanted us to try to work something out, and this is how we're working it out. That's my unofficial opinion.
You're welcome. The Chair recognizes Councilman Cohen. Councilman Cohen, your light is on. Did you want to be recognized?
Yes. All I'm interested in doing is I don't think we should look as if we're hunkered down in defense in the foxholes and we're so afraid of our records --as Councilmembers, maybe we ought to be, but I don't think we ought to admit even 12/16/01 - STATED - 2ND READING if we're afraid of our records, and therefore we're going to fight to keep everybody else from running. People who want to run for office are going to use the poles anyway, no matter what we do. And the effort last time was to try to get to a system whereby the number of signs might be reduced. And the really atrocious signs are the signs that advertise expert typewriter repairs or paint your house all over again or avoid painting your house, whatever they want. Now, the courts have held that you have to use one standard for all signs. We hope by regulating them that we could begin to control them. I think we were, in part, successful. But it wasn't enough for Councilman Mariano because he wants to do the impossible. He wants to clean up the poles so that they're never used, and that's not going to happen because you have no such control. Actually, the case was brought about, Councilman Mariano, by a woman who posted a sign against the death penalty. 12/16/01 - STATED - 2ND READING That's what started the last case. It wasn't a political sign, it wasn't a sign for repairs to a house. And so that's why I think people in Councilwoman Blackwell's area feel so strongly that people ought to be able to post their signs. This is the home where democracy was born. This is how the United States got born by people posting signs and talking when it was against the law in Great Britain. So for God sake, why are we ashamed of our background? We ought to be proud of it. We ought to say is Philadelphia known because in Philadelphia anybody can distribute whatever they want and let the best arguments win out ultimately. Now, if you want to be persistent, you can pass this bill. And you're going to find two things. The number of signs being posted is going to increase, and you're going to find, secondly, that you have no control and the City will be here telling you that if you want the sign law enforced, you've got to appropriate several additional millions f dollars, because in a free society, you can't 12/16/01 - STATED - 2ND READING control people that way. You know that you can't control them. If somebody feels strongly about an idea, they're going to present a sign on it. And where they're going to do it, the only place that's free. They can't afford to pay to put an advertisement in the newspaper or magazine, they're going to use the electric pole to do it or telephone pole. So I think we ought to be proud of our heritage as a place where anybody can talk about anything and feel free to do that because that's what America -- that's how we were born and what we boast about. When we boast about anything, we boast about how democratic we are, but in practice many of us don't seem to be very democratic. And I mean a small "d" this time, not the capital D representing the Democratic Party. So I'm urging my colleagues to vote no. But if not, we've got to go through the round again, you can be sure I'll be testifying in court the same way I did before and I think we're going to defeat this bill 12/16/01 - STATED - 2ND READING because I think it is unconstitutional.
Thank you, Councilman. The Chair recognizes Councilman Kelly.
Thank you, Madam President. I just have a quick question to the sponsor of the bill, if I may. It's just a friendly question. I am not a nasty lawyer. I'm not going to put him under the hot seat today. I just want to ask if this bill includes lawn signs? Because there are many, many areas, green areas in the Northeast and probably Roxborough, Chestnut Hill and whatever, they're inundated sometimes with 200 to 300 lawn signs in probably a very small area, public areas
Thank you, Councilman. I think those signs are already illegal, but I'm not sure if that's in this 12/16/01 - STATED - 2ND READING bill. I would suspect that if it's public property, they would be illegal with this bill. And I want to call for the previous question, but before I do, I just want to thank Councilman Cohen for all his help. This is genuine. He really means this. I really mean this. I know Councilman DiCicco and Councilman Kenney and O'Neill and everyone else who spoke, to us, this is a blight. Believe me, none of us, none of us want to thwart anyone running against us. None of us want to go against anyone against the death penalty. It just makes a lot easier for L&I to enforce if there are no signs, if there are no signs whatsoever. If that lady can't put that death penalty sign up, then I shouldn't be able to put my picture on a pole every four years. That's what it's all about. If my constituents and people that would support me or Councilman DiCicco want to put it in their window of their store or house, fine. Believe me, nobody wants to thwart anybody. In fact, I encourage the process, run against us, run 12/16/01 - STATED - 2ND READING against me, do it. It makes for a better democracy. And since we're all talking about democracy, we're at Christmas, we're all about democracy here. We're all about not just being Democrats or Republicans, letting everyone be heard. It's just something that doesn't work well in a municipality this size that's been called filty-delphia, and we all know the trash problems. It's just another form of visual graffiti, like my good friend Councilman DiCicco said. So I call for the previous question. Let's end this pain and vote on it. Thank you.
There are other Councilmembers who have not had an opportunity to be heard. Can we just move forward or do you want to be heard? Councilman Rizzo.
Thank you, Madam President. Madam President, I think it's unfortunate that the political signs are getting caught up in this, but they have to be 12/16/01 - STATED - 2ND READING treated like the other signs. And I can tell you coming from the utility industry, first of all, it's not appropriate or legal to put signs on at least the energy company's poles. I know of personally many employees that have been seriously injured trying to work around some of these signs. They start out this big, then they get this big, and then they wind up being by signs placed on the poles. So I plan to be supportive of this. But I can tell you it's dangerous, not only ugly, it's be responsible for the injury of a lot utility workers throughout the years, signs that have been attached especially to the energy company's utility poles you.
Very briefly. I had my light on, I had my light off, I had my light on, I had my light off. From my constituents' point of view, they want the sign bill because I get calls all the time. And when I attend meetings, they want to take some of these advertising signs down. And I 12/16/01 - STATED - 2ND READING have one community who has a committee, they go out and take the signs down and they ask me about it. I try and tell them about the lawsuit. On the other hand, I understand about the political signs. People do like to see the signs. They say, "Well, I saw you on the poster." That doesn't necessarily mean you get elected because posters. That's just one facet of winning an election. So I'm conflicted. But I hope after we go through this that we would probably find some way to resolve this issue, but it does cut down on the clutter because I'm always taking down the signs outside of my house. So, Councilman Mariano, I'll vote with you, when I first told you I wasn't. I'm now going to -- I may not when I get to my name. I don't know.
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.
Aye. The ayes are 14, the nays are 3. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 040998.
An ordinance amending Title 4, Subcode A, Section A506 entitled "Code Violation Notices, by providing for a new amount to be remitted in response to a code violation notice
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. 12/16/01 - STATED - 2ND READING
Aye. The ayes are 17, 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. 041037.
An ordinance authorizing the President of the Fairmount Park Commission, the Executive Director of Fairmount Park, and the Public Property Commissioner on behalf of the City of Philadelphia to enter into a ground lease with the School District of Philadelphia under which the School District will lease from the 12/16/01 - STATED - 2ND READING City certain land in West Fairmount Park
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.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The final bill to be called for consideration is bill 041038.
An ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to accept a deed 12/16/01 - STATED - 2ND READING from the School District of Philadelphia for that certain parcel of land commonly known as 8730 Old 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.
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. That concludes our Calendar for today. Are there speeches on the part of Minority? (No response.)
Are there speeches on the part of the Majority. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I'll be brief. We want to note that at 2 o'clock we will have a very, very short press conference here in these Chambers to announce an agreement with regard to stop-and-goes. So we hope that all who are able to take a few minutes out of their schedule could be here. Council has been great in this regard and we appreciate all those who have come together to make this exciting announcing. Thank you.
Thank you. The Chair recognizes Councilman Ramos.
Thank you, Madam President. Today, I complete my first year as being part of the legislative process, and I and all of my colleagues here for being so welcoming to me, being so supportive. You have shown tremendous amount of good example in your integrity, your civility, and I appreciate it. Have a merry Christmas all of you.
Thank you. Merry Christmas to all of you. The Chair recognizes Councilwoman Tasco for a motion to adjourn.
Madam President, I move that Council stand adjourned until Tuesday, January 25 at 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Tuesday, January 25 at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes it, and the motion carries. Thank you. (Council adjourned at 12:40 p.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 December 16, 2004, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING _________________________ Lisa C. Bradley, RPR