~ COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, June 22, 2000 10:35 a.m. Room 400, City Hall Philadelphia, Pennsylvania PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE L. BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, Chief Clerk VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 ~ (215) 561-2220 GREETING/INVOCATION P R O C E E D I N G S
Good morning I note that the hour has come and a quorum of this Council is present. Council will 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 the Reverend Dr. W. Wilson Goode, Sr., Associate Pastor of the First Baptist Church of Paschall. He here today as the guest of Councilman Goode. All members and guests will please rise.
Just a brief greeting to all of you first. I find it ironic to be here at this time, in this way. But it proves that God really has a sense of humor, that it is customary for people to go from ministry into politics. It is uncustomary for folks to go into politics into ministry. And God also forgives us for our misdeeds. And so I would ask you to bow your heads now. And I'm just glad to be here and sponsored by Councilman W. Wilson Goode Jr., and GREETING/INVOCATION I'm proud to say that. Bow our heads. God, You are so awesome, so awesome are You that I yield daily in humble submission to Your will and to Your way. So we come here today in this seat of government, this place that William Penn founded as the center of religious freedom. This seat of both political influence and secular power. This place where men and women come to make budgets and pass laws. This place of public debate and private deal-making. This place where passionate advocates of right come face to face with political expediency. This place where personal political agendas too often force good public policy to take a back seat. So we come now in prayer for this city and for this council and, indeed, for our children. We pray that the public interest will always been be the top priority of this council. We pray for the people of our city, for those who are homeowners and for those who are homeless; for those who are educated and for those who are illiterate; and for those who are employed and for GREETING/INVOCATION those who are jobless. We pray for our children, for those children who have state-of-art schools and for those who must attend schools with leaking roofs and inadequate heating, untrained teachers and inadequate technology. For those children who have more food than they need and for those who go to bed hungry and for those who wake up hungry. We pray for our children who wake up in dens of home, rather than homes of hope. We pray for city workers, uniformed and non-uniformed. And we pray for this council. Grant them, O, Lord eyes that see the longing in the eyes of our children who are hungry, who are homeless, and who are uneducated. Grant them hearts to feel the struggle of our neighborhoods, for quality living. And grant them, O, Lord, tears to weep for the far too many children who die in gun violence of our streets and who die in the violence of their homes and in the drug dens of our communities. Grant them the courage, O, Lord, to stand for what's right at all times. And now, Lord, dwell deep in our souls GREETING/INVOCATION so that we may know your perfect will for all of us. Spirit of the living God, fall fresh on us, melt us, mold us, shape us, dwell deep in us. In His name we pray and for his sake, amen. ALL: Amen.
The Chair thanks Reverend Goode for his very inspiring invocation. Council will be at ease. (Council stands as ease, then proceedings resume.)
The next order of business is the approval of the Journal of the meeting of June 15, 2000. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of Thursday, June 15, 2000, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, June 15, 2000, stand GREETING/INVOCATION approved. All those in favor will signify by saying aye. Those opposed, nay. The ayes have it, the motion carries and the Journal of Thursday June 15, 2000, is approved.
The Chair recognizes Councilwoman Blackwell for requests for leaves of absence.
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, leave is requested for Councilman Thacher Longstreth.
The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Council chambers this morning. On behalf of all City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our city. We certainly invite you to come again.
We have no presentations today, so the next order of business will be communications. The Chair requests that the Sergeant-at-Arms deliver messages from the Mayor to the clerk. The clerk will read the messages from the Mayor.
To the President and Members of the Council of the City of Philadelphia. I am pleased to advise you that I have today signed the following bills that were passed by Council at its session on June 1, 2000: Bill 000166, 000183, 000216, 000259, 000262, and 000263, and also all the bills that passed Council GREETING/INVOCATION on June 8th. And a resolution approving the action of the Boards of the Philadelphia Industrial Development Corporation and the Philadelphia Authority for Industrial Development to sell parcel E-18 in the Eastwick Urban Renewal Stage A. 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 Model Cities Urban Renewal Area identified by house number and street address as 2303-2305 North Lawrence Street. And an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan 157, 158, 226 by relocating the southerly curb line of Erie Avenue between Second Street and Sedgely Avenue.
The messages will be printed in the journal. The clerk will read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit 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 those in favor will signify by saying aye. Those opposed, nay. The ayes have it and the motion is adopted. The Chair recognizes Councilman Kenney.
Thank you. On GREETING/INVOCATION behalf of myself, Councilmember Ortiz, and four other members of Council, I offer one bill.
An ordinance amending Title 20 of the Philadelphia Code, entitled "Officers and Employee," by adding a new Chapter 2800, entitled "Campaign Financing," providing for the limitations of contributions to municipal election campaigns, all under certain terms and conditions.
This bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning, I have two resolutions on your behalf and one on mine.
The clerk will please read the title of the first resolution.
A resolution honoring Thelma Peake and Peake's Little Angels.
The Chair GREETING/INVOCATION recognizes Councilwoman Blackwell.
Madam President, I move the adoption. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion is carried. The clerk will please read the title of the second resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia a deed located in the 36th Ward of the City of Philadelphia.
Madam President, I move the adoption. (Duly seconded.)
It has been GREETING/INVOCATION moved and seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it, and the resolution has been adopted. The clerk will please read the title of the third resolution.
A resolution approving the action of the Boards of the Philadelphia Industrial Development Corporation and the Philadelphia Authority for Industrial Development to sell parcel E-18 in the Eastwick Urban Renewal Area, Stage A Industrial, containing approximately two acres, to Peter A. Correra.
Madam President, I move the adoption. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All those in favor will signify by saying aye. GREETING/INVOCATION Those opposed, nay. The ayes have it and the motion is carried. The Chair recognizes Councilman Cohen.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Madam President, I have one bill and three resolutions.
The clerk will please read the title of the bill.
An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No.'s 157, 158, and 226 by relocating the southerly curb line of Erie Avenue between Second Street and Sedgely Avenue. GREETING/INVOCATION
The bill will be referred to the appropriate committee. The clerk will please read the title of the first resolution.
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 Model Cities Urban Renewal Area identified as house number 2303-2305 Lawrence Street.
It has been moved and seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion is GREETING/INVOCATION carried. The clerk will please read the title of the second resolution.
A resolution honoring the 100th anniversary of the installation of the chapter of Local 98 or the International Brotherhood of Electrical Workers and recognizing the impact and achievements of the local in the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. GREETING/INVOCATION The clerk will please read the last resolution.
A resolution honoring the Reverend Joseph L. Agrippe, Pastor of Macho de la Rosa Parish on the occasion of his new clerical assignment as pastor of the Immaculate Conception Parish, Levittown, Pennsylvania.
Madam President, I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The Chair recognizes Councilwoman Tasco.
Madam President, I offer one resolution. GREETING/INVOCATION
The clerk will please read the title of the resolution.
A resolution congratulating and commending Catherine McKeller Carter on receiving the Frances Schwartz Principal Recognition Award.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I offer no bills or resolutions today.
The Chair GREETING/INVOCATION thanks the Councilwoman. The Chair recognizes Councilman Nutter. Councilman Nutter, do you have any bills or resolutions to introduce today?
I'm sorry, Madam President. I have one bill and one resolution.
The clerk will please read the title of the bill.
An ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by adding special provisions regulating the use of property as a residence for college and university students designated educational housing districts.
The bill will be referred to the appropriate committee. The clerk will please read the title of the resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia a deed located in the 38th Ward of the City of Philadelphia.
The Chair GREETING/INVOCATION recognizes Councilman Nutter.
Madam President, I move the adoption of resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed, nay. The ayes have it and the resolution has been adopted. The Chair recognizes Councilwoman Brown.
Good morning, Madam Chair. I have no bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Ortiz.
Madam Chair, I have two resolutions. GREETING/INVOCATION
The clerk will please read the title of the first resolution.
A resolution recognizing the contributions of Kevin E. Vaughan to citizens of Philadelphia as he leaves City government to continue his career as Regional Director of the U.S. Department of Health and Human Services for Region II, which includes the States of Delaware, Maryland, Pennsylvania, Virginia, and West Virginia.
Madam Chair, that resolution is on behalf of Councilwoman Tasco, Councilman Kenney, myself, Councilman Nutter, Councilwoman Blackwell, and Councilman Mariano. 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 signify by saying aye. GREETING/INVOCATION Those opposed? The ayes have it and the resolution has been adopted. The clerk will please read the title of the second resolution.
A resolution encouraging the citizens of Philadelphia to support the "I Vote Project," designated to increase the voting participation of the Philadelphia electorate.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed, nay? The ayes have it and the resolution has been adopted. The Chair recognizes Councilman DiCicco.
Thank you, Madam GREETING/INVOCATION President. I offer one bill.
The clerk will please read the title of the bill.
An ordinance granting permission to the owners of certain newsstands located within the 1st Councilmatic district to construct, use, and maintain on a temporary basis newsstands with a greater dimension of advertising that is permitted by the general ordinance.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
Thank you, Madam President. I have three resolutions and five bills, one cosponsored by Councilman Goode and Mariano.
Thank you. The clerk will please read the title of the first bill. GREETING/INVOCATION
An ordinance amending Title 17 of the Philadelphia Code, entitled "Contracts and Procurement," by adding a new Chapter 17-900, entitled "Local Preferences for Contracting."
This bill will be referred to the appropriate committee.
And an ordinance amending Section 12-2409 of the Philadelphia Code, entitled "Towing Zone Locations and Hours," by adding a towing zone located in the north and south sides of Green Street.
This bill will be referred to the appropriate committee.
And an ordinance amending Section 2 of an ordinance (Bill No. 980443), entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 120 of the area bounded by 18th Street, 19th Street, Masterman Street, and Jefferson Street."
The bill will be referred to the appropriate committee.
And an ordinance GREETING/INVOCATION amending Section 2 of an ordinance (Bill No. 980444), approved June 25, 1998, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 58."
This bill will be referred to the appropriate committee.
And an ordinance amending Section 2 of an ordinance (Bill No. 970818) approved April 13, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 58."
The bill will be referred to the appropriate committee. The clerk will please read the title of the of first resolution.
A resolution authorizing and directing the changing of the name of Diamond Street from 28th Street to 30th Street to Vernon Marks Way, to commemorate the life and works of Vernon Marks, all under certain terms and conditions.
Councilman Clarke, please approach the dais. (Councilman Clarke comes forward.) GREETING/INVOCATION
Thank you, Madam President. I move for the adoption of the resolution.
It has been moved and seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The clerk will please read the title of the second resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 16th, 28th, 32nd, 37th, and 47th Wards of the City of Philadelphia.
The Chair GREETING/INVOCATION recognizes Councilman Clarke.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The clerk will please read the title of the third resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia a deed located in the 47th Ward of the City of Philadelphia.
I move for the adoption of the resolution. (Duly seconded.) GREETING/INVOCATION
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The Chair recognizes Councilman Rizzo.
Madam President, I have three privileged resolutions today.
The Chair thanks the Councilwoman, and the clerk will please read the title of the first resolution.
A resolution honoring and congratulation the Philadelphia Orchestra upon celebrating its 100th anniversary.
Do I hear a second? (Duly seconded.) GREETING/INVOCATION
It has been moved and seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. The clerk will please read the title of the second resolution.
A resolution recognizing and celebrating the 10th anniversary of the signing of the Americans with Disabilities Act.
I move for the adoption of this resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The resolution is adopted. The clerk will please read the third GREETING/INVOCATION resolution.
A resolution honoring the life and accomplishments of John P. Sample, III, devout church deacon, accomplished athlete, scholar and business executive and leader in the African-American community.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted.
The next order of business is reports from committees. The Chair recognizes Councilman Cohen for a report from the Committee of Law and Government. GREETING/INVOCATION
Madam President, I offer the report of the Committee on Law and Government.
To the President and Members of the Council of the City of Philadelphia, the Committee on Law and Government, to which was referred Resolution No. 000188, entitled "A resolution calling for hearings by the Committee on Law and Government on the health effects of MTBE on Philadelphians,' respectfully reports that after a full public hearing on June 22, 2000, it has adopted the attached report and requests that the said report be adopted as the recommendations of the entire City Council.
I move the adoption of the report. A copy of the report was circulated yesterday for all members of City Council.
You're asking that the resolution, along with the report, be GREETING/INVOCATION adopted?
It has been moved and seconded that Resolution No. 000188 and its attached report and its findings be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and Resolution No. 000188 is adopted.
The next order of business is consideration of the calendar. There are no bills on the first-reading calendar. And the Chair recognizes Councilwoman Blackwell for calling up bills on the second reading and final-passage calendar.
Thank you, Madam President. Today, all bills on second-reading and final-passage calendar are being called up, with the exception of Bill No.'s 000225, 000314, and GREETING/INVOCATION 000394.
Thank you. We have a very lengthy calendar. I would ask that as you vote, your voice be heard so that we can get along with this as expeditiously as possible. The first bill being called is Bill No. 000260. I would ask clerk to please read the title of the bill.
An ordinance creating the Silver City Tax Increment Financing District and do all things necessary to carry out the intent of this ordinance.
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 15, the nays are 1. A majority of all Members having voted in the affirmative, the bill passes. And the record will reflect that Councilman Goode voted nay. The next bill to be called for consideration is Bill 000336.
An ordinance amending Chapter 19-2600 of the Philadelphia Code, entitled "Business Privilege Taxes," by adding a definition of "information technology company," all under certain terms and conditions.
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 16, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000354.
An ordinance amending Chapter 19-1500 of the Philadelphia Code, entitled "Wage and Net Profit Taxes" by exempting certain tax options from the tax, under certain terms and conditions.
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 16, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The clerk will please read the title of Bill No. 000451.
An ordinance amending Chapter 19-2800 of the Philadelphia Code, entitled "Pennsylvania Intergovernmental Cooperation Authority Tax on Wages and Net Profits Tax," all under certain terms and conditions.
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 16, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000282.
An ordinance amending an ordinance approved December 15, 1969, as amended, for the redevelopment of the Model Cities Urban Renewal Area.
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 16, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000337.
An ordinance amending Title 14 of the Philadelphia Code relating to zoning and planning by amending various provisions relating to penal and correctional institutions, under certain terms and conditions.
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000347.
An ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by expanding the list of regulated uses to include tattoo parlors and body piercing shops, as defined, all under certain terms and conditions.
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 16, the nays are 0. A majority of all Members having vote in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000028.
An ordinance amending Title 19 of the Philadelphia Code, by amending Chapter 19-2500 entitled "Real Estate Non-Utilization Tax," all under certain terms and conditions.
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 16, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000226.
An ordinance amending Section 19-1303 of the Philadelphia Code by changing the exemption schedule for new construction of residential properties and repealing Bill No. 970214, all under certain terms and conditions.
This bill having been read on two different days, the question now is, shall the bill pass finally? The Chair recognizes Councilman O'Neill. Your light is on, do you want to be GREETING/INVOCATION recognized?
Yes. Thank you, Madam President. I'll be speaking against this bill, I'll be voting against it, and I'd like to put on the record the reason why. This bill calls for an extension of our present real estate tax abatement for residential properties, new construction. Right now, that abatement stands at full abatement 100 percent on the improvements on the building for three consecutive years, following the certificate of occupancy, when a person moves in. This bill would extend that 100 percent abatement from 3 years to 10 years full abatement, effectively more than triple what the current abatement is. Last year, we passed a bill similar to this. It affected both home ownership properties and rental properties and gave a sliding scale. It, in effect, extended the three-year abatement to a 4-and-a-half-year abatement but spread it over ten years on a sliding scale -- 100, 90, 90, and so on -- over the ten years. At that time, I had -- because of the GREETING/INVOCATION rental provision and the problem in my district with rental units and not wanting to encourage anymore, I had amended out my district. That was ruled to be in violation of State law, and that bill was vetoed. This bill replaces it, but extends the abatement to more than twice as much as it was in that bill. I'm told by the Law Department that the rental issue is not a part of this bill, that it stays as -- would only affect owner-occupied units. But I have had more new construction of residential units in my district over the last twenty years since we've been doing abatements than any other part of the City. And I can honestly say there's mixed reviews about them: first, whether they're needed; secondly, whether they really accomplish anything. One thing I can say is that it's the opinion of most people that I've talked to, both in and out of business, that there hasn't been one house built because of the abatement program that wouldn't have been built without it. When real estate is slow, nothing gets built; when real estate is high and going strong, there's plenty of GREETING/INVOCATION interest. But it's the site -- it's where do you put the nicer homes. And what happens is, you have people who may have just bought a house that's an already previously- occupied house, and they're paying 2, $3,000 a year in real estate taxes, and then someone around the corner or across the street moves into a newly constructed house, and they're not paying any taxes for three years, or very little taxes on the land value. And so there's a fairness issue in trying to balance the full payers, who are most people, against the newly abated properties. And I like the idea of stretching it out and gradually breaking it in, as we had in last year's bill, for the first time, a sliding scale. But I'm not sure that even four and a half years spread over ten years isn't more generous than we need to be, but certainly I think ten years is way out of line and just separates too much of a difference, without any real proof, other than some people in the business coming in about how many more apartments would be built and all of that. GREETING/INVOCATION But in fairness to the sponsor, and we've had a lot of discussions over this bill, different parts of the City are in different situations. And if there was a way of targeting a ten-year abatement to where we knew there was, you know, not going to be any new construction without it and at least a strong potential if we had it, I don't think I'd have this problem. It's just that there are areas where we don't need this abatement and we're giving it out. I'd rather be working with the State legislature to find out if there's a way to target areas with it rather than put a blanket over the City, just as last year, when rental apartments were included, I've got a lot of vacancies and a lot of bad management, and most of the problems I get from neighbors in the Far Northeast come from the apartments in their neighborhoods.
I don't need to be subsidizing or encouraging any new apartments with City policy. But I understand there may be a need downtown for more rental units since the vacancy rates are just at zero. And it's a shame you have to pick one neighborhood over another, whether GREETING/INVOCATION there's a good policy for it or not and not be able to tailor it to those to areas. But I just feel that this is going too far, and I think if we did something in between -I mean the four-and-a-half-year abatement over ten years was a 50 percent increase over what we have now, and I think that's a pretty generous step up, rather than the 300 percent plus. So I'm going to vote against it, and I hope at some point, we can do something a little more modest, even though I think 50 percent is not that modest as an increase. The other thing is, we have with our TIFs and with this, and they're similar, is we're trying to encourage things through tax policy -construction and development. The State legislature, which we are really trying to get a lot of help from for the schools, I've heard many comments just recently about this whole area of tax abatement, whether it be through TIFs or real estate tax abatement or a combination, that we, the City Council and the City government, are, by our actions in doing this, removing what we give the schools potentially, which is a real estate GREETING/INVOCATION tax for the period of time that we're abating or TIF-ing. And yet, we get the tax that comes to the City, which is the wage tax, without any offset going to the School District. And that is ringing loud and clear in Harrisburg that they're not quite happy with us coming up there asking for money for the schools at the same time we are abating school taxes, where we're not abating all City taxes, but we are taking in the wage tax. And it's another -- it's another issue here, it's not one that's going to sway me on this, I don't need to go that far. But it has come up both with TIFs and with abatements. And I think we at least have to be cognizant of it and very aware of the implications from the City asking the State for more money for the schools while we're saying we can't give them any more real estate taxes but we're willing to give them less real estate taxes if there's development. I can tell you, new construction in my district is going to be great for people, it's going to be a surprise, it's going to be a nice bonus for them, but it's going to be money that GREETING/INVOCATION could be coming to the City that won't because of an extra-generous or over-generous policy. And while I understand it may work in other parts of City, it's not needed or going to work in my district. And I just want to explain my negative vote and also understanding the purpose behind it. Thank you.
Thank you. The Chair recognizes Councilman DiCicco.
Thank you, Madam President. I'll try to keep my comments short 'cause I know we have a long calendar this morning. But listening to my colleague, and especially the last comment, where if this may stimulate new construction in his district, it's kind of counter to what his opening statement was, where he said that he didn't think this would make that much of a difference.
But the three GREETING/INVOCATION years, in Councilman O'Neill's own words, is not working. People aren't taking advantage of that. And for those folks who, I would hope, would welcome in his district, as they would in other districts, this is an incentive in my opinion. And the reason for my introducing these bills is to keep people in the City by offering them similar types of tax increment incentives that we offer to developers who have taken vacant buildings and converted those buildings into residential facilities. In 1997, a similar argument was being made, why do we need to give developers any additional incentives to do residential development in Center City? Even to my surprise, those incentives have caused well over 30 formerly vacant buildings to now be either converted or are in the process of being converted into residential units. I don't hear any outcry, I haven't heard any outcry from the folks who own buildings that had did conversions before the conversion bill was enacted. There's always a beginning to things. Prior to TIFs, people did development in GREETING/INVOCATION the City of Philadelphia without TIFs, but it was trickling in, it wasn't happening on any massive level of development. So for someone to suggest that current property owners will be maybe outraged or be feeling left out because they have to pay X-amount of dollars in real estate taxes and their neighbor next door, who builds a new home, is now not going to be paying, and that isn't fair, well, I guess the argument was made to current property owners -- I mean, what we have is a companion bill here, 227, that says to current property owners, if you decide to stay in the City of Philadelphia and should you decide to add an addition onto your home, make some improvements, we're going to give you a break the way we should have probably been given you a break and not penalize you for reinvesting in your home. We can't make your real estate taxes go away, but we're not going to add on any additional taxes for the ten-year period. And if I were -- and I am a homeowner, but if I was a homeowner and some vacant lot or lots were in my community or blighted properties were in my community and someone came along and GREETING/INVOCATION rehabilitated those blighted buildings or took those vacant lots and created new housing on those, I would welcome that because I believe in my mind that that will begin the stabilization of my neighborhood. And we will get in return -- and I don't have a crystal ball, none of us do, but all of these numbers that we're talking about that come from the Finance Department and the Revenue Department are all based on assumptions of what may be the impact to the School District and the City. We have lost over 150,000 residents in the last 10 years, with a 3-year real estate tax abatement. " That stimulated construction, it has removed blighted vacant office buildings from Center City, have made those places viable places for people to live. And if you look in the numbers in those buildings, 60 percent or more of the people who are occupying those buildings are formerly non-Philadelphia residents, 20 percent of those GREETING/INVOCATION folks who live in there are non-regional residents, and the other 20 percent are non-state residents. So we're beginning to re-populate Center City. And I see this as an opportunity to begin to re-populate the neighborhoods outside of Center City and, with all due respect, outside of Northeast Philadelphia, that will encourage home ownership and offer opportunities for home ownership for everyone -- not just wealthy people, but low-income -- by giving them an opportunity to be able to come in with a low-interest loan and not have to pay real estate taxes for the better part of ten years. But you know what else will happen, I believe?
When we take that vacant piece of land, of which we are probably not collecting real estate taxes on anyway, because if you talk to the vendors who we have sold the liens to, that is one of the most difficult taxes for even them to collect. Once somebody develops that land, we won't get the taxes on the improvement, but we will in fact begin to collect taxes on the vacant land, that we haven't been collecting for 10, 20, GREETING/INVOCATION years in some cases. I mean, think this is just -- I don't -- again, I don't have a crystal ball, I don't know if we're going to get the development that I hope and wish that we will get. And if we don't, nothing ventured, nothing gained. We don't lose any revenue. I think this is an opportunity long-term to create revenue -- by redeveloping those neighborhoods, by beginning to re-populate those neighborhoods, and by putting us on a level playing field with suburbia. When people move out, they move out for lots of different reasons. Education is one of the major reasons that they move out. If we give them an opportunity to build a new home in the City of Philadelphia, forego the real estate taxes, they can take that money that they save in real estate taxes and use it to either pay down mortgage sooner, buy a summer home, or, in those cases where are people moving because they're not happy with the public school system in Philadelphia, they can send their kids to private and parochial schools with the money they save using that for tuition, and we'll keep GREETING/INVOCATION them in the City and get their wages and all of their economic buying power, keep it in our communities. So that's the reason for this bill. And I've said to the Administration 9:30 this morning, if at some point going forward, this proves to be the negative impact that some people suggest it may have on the School District and on the General Fund, I certainly won't have a problem coming back, asking to amend it or repeal the bill. But I think we have to begin to look at things differently than we have been for the last or 30 years. And it's not just for developers. This is an opportunity for people all across the wave spectrum to begin to look at the opportunity to become homeowners and recreate neighborhoods in the City of Philadelphia. Thank you, Madam President.
Thank you. The Chair recognizes Councilman O'Neill.
I want to clarify if anything I said in any way misled my colleague, the bill's sponsor. I do not believe that this is GREETING/INVOCATION needed in the Far Northeast. I do not believe it will affect the sale of one new home. And these homes are built by developers. There might be a fraction where someone builds their own home, but generally, developers look for suburban-like locations near the edge of the City and put up a development. And, yeah, these taxes abatements are nice, but in ten years, I believe it's not going to have a bit of difference on whether somebody buys a house there or not; it's just how much they're going to have in extra money that the City is not going to have. But every time an abatement bill comes up for residential, we hear about how somebody -and we all have two friends that we grew up with that moved to Bucks County or Jersey or somewhere and for all kinds of reasons. But generally, it's schools, crime and the wage tax. And the only area where we're building houses, that I'm aware of, outside of Center City, we're getting mostly City employees, because they can't move. The wage tax is not an issue for them. Crime's not an issue for them -- maybe they're hoping the GREETING/INVOCATION neighborhood's a little safer than where they're from, but they can't move to the suburbs. They're the predominant buyer of new homes in my district by far. Center City, which is hot right now, as the real estate market's hot and the economy's hot, in Center City, take those three issues, Center City's considered much safer than it was just a few years ago by anybody's standards. The people that are moving into Center City, most of them work in town, and they're no longer afraid to live in town. That's terrific. But the wage tax is not an issue, because it's a fractional difference, whether they live in the City or outside. Schools, for the most part, are not an issue for them. Most of them are not even married, let alone have children. And if they have children, they tend to use private schools anyway, because they're wealthy enough to carry this expense of living in town and the cost of real estate in Center City. So I don't know what we do there. But I just want to go on record that when I have people ask me why we're giving GREETING/INVOCATION ten-year abatements to people who would have bought homes without it, then I'm on record that I voted against it an thought it was a bad idea. Thank you.
Aye. The ayes are 15, the nays are 1. A majority of all Members having voted in the affirmative, the bill passes. The record will reflect that Councilman O'Neill voted no. The next bill to be called for consideration is Bill No. 000227.
An ordinance amending GREETING/INVOCATION Section 19-1303 of Philadelphia Code by changing the exemption schedule for improvements to residential properties, under certain terms and conditions.
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000344.
An ordinance authorizing GREETING/INVOCATION the Mayor, on behalf of the City, to file an application with the United States Department of Housing and Urban Development for a community development block grant, and to take any and all actions that are necessary to participate in the Section 108 loan guarantee program.
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 16, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for GREETING/INVOCATION consideration is Bill No. 000346.
An ordinance amending Section 10-1001, entitled "Fees of Commissioner of Records" to the Philadelphia Code.
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.
Councilwoman Blackwell? (Councilwoman Blackwell absent from chamber at this time.)
Aye. The ayes are 15, 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. 000395. GREETING/INVOCATION
An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, Commonwealth of Pennsylvania, in an aggregate amount of $34 million.
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.
Councilwoman Blackwell? (Councilwoman Blackwell absent from chamber at this time.)
Aye. The ayes are 15, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. Bill No. 000413 is the next bill to be GREETING/INVOCATION called for consideration.
An ordinance declaring that it is desirable for the health, safety, and welfare of the people in the area served by Wills Eye Hospital to have a project for Wills Eye Hospital financed through the Hospitals and Higher Education Facilities Authority of Philadelphia.
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.
Councilwoman Blackwell? (Councilwoman Blackwell absent from chamber at this time.).
Aye. The Chair recognizes Councilwoman Blackwell. GREETING/INVOCATION
Thank you, Madam President. I would like to be recorded as voting aye on all bills or resolutions that I may have missed when I stepped out of the room.
The record will reflect that Councilwoman Blackwell has voted in the affirmative on Bill No.'s 000346, 000395, and she is voting aye on Bill No. 000413, which indicates that the ayes on that bill 16, the nays or 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. 000088.
An ordinance amending Title 17 of the Philadelphia Code relating to contracts and procurement by amending Chapter 17-500 to extend the life of the Minority Business Enterprise Council, all under certain terms and conditions.
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000109.
An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located in the area to 325 Race Street, all under certain terms and conditions.
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. GREETING/INVOCATION
Aye. The ayes are 16, the nays are 0. A majority of all Members of City Council having voted in the affirmative, the bill passes. The next bill to go called for consideration is Bill No. 000137.
An ordinance amending Title 10 of the Philadelphia Code relating to regulation of individual conduct and activity by amending Section 10-601, entitled "Skateboarding on Public Property," by prohibiting skateboarding on all public property, unless otherwise authorized, and by creating additional penalties, all under certain terms and conditions.
This bill GREETING/INVOCATION having been read on two different days, the question now is, shall the bill pass finally? The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning I rise to ask my colleague and sponsor and all sponsors of the bill if they would hold this bill off until September. This bill, called "The Skateboarding Bill," deals with young people and others who are interested in skateboarding around our city, and this would prohibit their conduct on public property. Certainly, as we know, we have many debates about stadiums that deal sports. In this city and in this country, we have basketball, we have baseball, we have football, and we even have skateboarding. We have a lot of young people who are doing positive activities. They're skateboarding, they're not attacking people, they're not robbing people, they're not disturbing the peace, but they're enjoying themselves as they skateboard. This legislation that would fine them GREETING/INVOCATION $300, children under 18, if they don't have the money, their parents can be fined. And it also authorizes the Police Department or the officer who stops them to confiscate a skateboarding, and I think it's a bit much to fine a kid $300, take their skateboard because they're skateboarding in an area that you don't deem successful. I think it's a bit much, given the fact that they are willing and trying to work out places that the City finds acceptable. Certainly as a legislator, I do not support skateboarders causing -- defaming property or hurting properties so that we have to pay fines to fix it, but we're at the tail-end of this. The skateboarders are already out with representatives of the City to find acceptable places, and I think we need time to work that out. Some of my colleagues have asked me about Love Park, if they could agree not to skate on Love Park this summer as a compromised position. But certainly, after last week, when a resolution was introduced calling for all sides to meet and to go out and find sites, I assumed that this bill would not be on the calendar because we GREETING/INVOCATION passed that resolution unanimously; therefore, we do not have a representative enough group. There's only one or two people here today, so I can't assure you that they won't be skateboarding this summer because I didn't know this was on the calendar and, therefore, we did not ask a group of them and their representatives to be here to request that. We're glad to make that request but we can't assure that that will happen. I will also say that one of the skateboarders told me that they have tried and have gone into other neighborhoods and, in fact, were almost attacked when they went into an unwelcome neighborhood. And so I think that it is only fair that we don't really take such an extreme form of exaggerated justice to protect the City when a matter of weeks, from now until September isn't going to certainly wipe the City out if we have people skateboarding. And in the spirit of cooperating, I would ask again my colleague if he would consider just holding off the bill. We're not saying wipe it off the calendar but we're asking if he would consider holding up until GREETING/INVOCATION September so that we could work out a compromised position. I do not feel comfortable being in a position of fighting the young people in our city. This city is big and great enough to accommodate everyone. Maybe I like to jump rope and somebody else likes to skateboard and somebody else likes to play chess and somebody else like to play basketball. Certainly, everyone has the right to enjoy the City to the utmost. And I think that our challenge, as elected officials, is to find a way to work things out. We should be consensus-builders, we should find a way to work it out so that everybody gets a chance to enjoy our city, and not use the hammer that we have legislatively to certainly say you can't and I'm going to fine you $300 and I'm going to take your skateboard; but rather, we want to hold up, we want to work it out want, and we want our young people to love and enjoy the City as much as we do.
I don't think a young person should be intimidated by a police officer coming up to them and fining them and taking their skateboard and GREETING/INVOCATION giving them a $300 fine. This legislation calls for a $300 fine. I think it's a bit much. And I would only ask again if my colleague would consider holding this bill until September. Certainly I'll be glad to make a request that Love Park be considered. I understand that is of issue to the many people here, and we'll be glad to ask them to consider that over the summer months.
Thank you. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I appreciate the opportunity. First let me say I respect and appreciate my colleague's concern. I do want to try to clear the record. First of all, the penalty is a $25 ticket, if the person does not contest their violation of the law. It is not an automatic $300 fine, it is $25. Pay it within 8 days, it's $25, end of discussion. Secondly, I don't know what, if any, confusion there could have possibly been. This bill came out of committee last week, it was on GREETING/INVOCATION the calendar for first reading. The resolution was introduced as a result of discussions in the public hearing by my colleagues Councilwoman Blondell Reynolds Brown and Councilman Kenney as a further sign of interest by the body in trying to explore this particular topic. The mere introduction of a resolution does not interrupt the normal flow of a bill coming out of committee, getting a first reading one week, and bills automatically get a reading -or are up on the second-reading and final-passage calendar the next week. There's been no public discussion, no one ever made a statement to anybody anywhere that this bill wasn't going to go on the calendar. And, quite, honestly Madam President, as we all know, there is nothing to stop a bill, once it's had a first reading, from getting its second reading and being ready for a vote the following week. I mean, those are our rules and those have been our rules, I think, for some extended period of time. So no one told the skateboarders or anyone else that this bill was not going to be on the calendar. It has always GREETING/INVOCATION been programmed to be on the calendar and so I don't know where the confusion may be. It is clear also, and I'm not sure who the Councilwoman has talked to, but it was clear at the public hearing that there was no commitment by the skateboarders not to use Love Park or the City Hall apron or any other piece of property under any circumstances. Their clear position is, We'll do whatever we want to do, wherever we want to do it, whenever we want to do it, and if you happen to build another facility, if it's okay with us, we'll use that one, but if we want to use some other facility, we're going to do that too. And so I don't know where the good faith is other than on the City's side between the resolution introduced by my colleague, certainly a continued by myself and anyone else here to find additional locations, whether a stand-alone park, or even as Councilman Clarke suggested, expansion at present recreation facilities for this kind of activity. It's very interesting that there's, you know, no other group of people that seem to feel that they have some God-given inalienable right to GREETING/INVOCATION do whatever they want to do over in some parts of our public property. I don't see anybody playing basketball out on the City Hall apron, 'cause they have places to go, or football or baseball or any other particular sport, and we've tried to address those issues. The most recent phenomenon or more recent phenomenon in the City has been roller hockey. And I know that many of my colleagues have expanded or added on or changed facilities at current recreation facilities to accommodate that new sport. Or we have soccer, and there have been conversions of open to address that. And I am sure that we will address skateboard situation. This is, as I said in the caucus room, this has been the song of the skateboarders for the last four our five years. Give us something; otherwise, we'll continue to destroy public property. Those places were not built for this purpose under any circumstance or condition, in addition to the fact that it completely ignores the outcry and response from many members of the business community who have large open plazas here primarily in Center City, who are also facing the GREETING/INVOCATION same level of damage.
And whether it's 1717 Arch building, owned by Bell Atlantic, with $50,000 of annual damage to their facility, they're also trying to protect their property. Now, I don't know why the skateboarders think that they have the right to use their property as well. But, you know, I just find that the message potentially very interesting that says to our young people, you know, don't care about other people's property, don't care about the City's property, damage it, and then when it's destroyed, you can demand and possibly get something new. Now, I have said many, many times the facility down at FDR -- you know, I'm not a skateboard expert, but I think you don't have to be an engineer to figure out that that's probably not the prettiest-looking place that anybody could have built. I wasn't around for its design and, you know, it is what it is. The City has committed to upgrade it, and I think that we do we need a new facility, and I've said to some of my colleagues that the to the extent that I can support it through the capital budget and capital program, I think that we can have a better and GREETING/INVOCATION newer facility, to the extent that we can find one here in Center City, to the extent that it could be modeled on Love Park. I think all of that is very interesting. That is to the side of the public property damage issue and the interest of people who also want to enjoy these areas and find themselves at times accosted by these individuals. The police testimony was that 70 percent of whom do not live in Philadelphia in the first place. You can usually see them streaming out of Suburban Station to come here. You cannot engage in these activities, I know, at the Lower Merion administration building on Lancaster Avenue or the Montgomery County courthouse. They would not think of letting somebody skate up and down their steps or on their railing or anything else and destroying their property. And so the message here is, just come to Philadelphia and you can do whatever you want to do, wherever you want to do it. So, I mean, I don't know what another couple months gets us. I think my colleagues know I'm a pretty reasonable person, always willing to GREETING/INVOCATION listen to a new idea. And if there is, you know, something out on the floor that's going to ensure that after this couple-month period of time goes by that something different is going to happen, or Councilwoman Blackwell, who's raised this issue primarily, would be prepared to vote for the matter then and is, you know, prepared to commit that people won't destroy the property during the course of the summer and will make sure that these meetings and discussions take place, I mean, I'm intrigued by the idea, but I don't know really know what it means. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Cohen.
Thank you, Madam President. I don't think it's the role of the City Council or any legislative body to take on a disciplinarian context and to say we're going to punish people, because if you're going to do that to a whole group of people, you are going to arouse the wrong kind of feeling in a city. It's the role of City Council to seek to establish, GREETING/INVOCATION where possible, a consensus, and then if it has to act, it will take the appropriate action. But whenever there is an opportunity to bring out agreement, I think every advantage should be made of that possibility. I don't -- the skateboarders create problems for people; we're not used to that kind of activity. And on behalf of the elder citizenry, of which I am a part, I have to confess that I feel uncomfortable when suddenly I see skateboarders coming, but that doesn't mean they deserve to be punished and eliminated and threatened by City government. That is not the way a city government ought to operate, and I strongly oppose that. And I don't understand why, in context of all the problems the city has, that suddenly today, everything's got to be settled today, and there's got to be a stern hammer, and the skateboarders got to be warned that if they continue to do whatever they're doing that we think is wrong, they're going to be severely punished -- not just by the $25 fine, but by the fact that police are going to be involved in this GREETING/INVOCATION situation. The skateboarders, during the caucus, Councilman Nutter referred to the same issues having been raised five years ago. I don't recollect them, so I don't know how seriously they were raised. But even assuming that that were the case, there's a new generation out of skateboarders, and they are indicating some willingness to come to an agreement as to give us a facility and we will begin using that facility. As Councilwoman Blackwell says, we don't know whether they're going to do it or not; skateboarders are not a monolithic community, they're individuals. Different people have different ideas, but I think we've got to work to get their cooperation and their agreement, and I don't think the way to do it is to hit them over the head and threaten them with police action and with fines. I, therefore, think that the suggestion by Councilwoman Blackwell that we take a deep breath and wait over the summertime and let the City Administration and the skateboarders and Councilman Nutter and all others that may be GREETING/INVOCATION interested work together to try to get an agreement, because this bill -- this bill will not end skateboarding. What it will do is bring out many, many times the numbers of current skateboarders who are going to act against what they will clearly regard -- because that's what it is -- a repressive act by this body. And I, therefore, urge Councilman Nutter to reconsider and to say, let's see what we can work out during the summertime. I think the resolution expressed the view of Councilmembers, and I think we ought to go along with that and put this on the first calendar in September. It gives everybody notice -- the City and the skateboarders -- that we've got to get a the resolution to this problem, but we don't really have to do it and we -- of all the problems in this city, I cannot say that the skateboarding problem is so urgent that today, we must finally decide it. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Kenney. GREETING/INVOCATION
Thank you, Madam President. While I am supporting the bill, I do admire and appreciate the sincere civil libertarian fervor expressed by both Councilman Cohen and Councilmember Blackwell. I think they've been consistent in their approach towards people's rights and sensitivity to people's rights than probably anybody else -- or as much as anybody else in this body. I am supporting the bill, and I do think it's important for the record to reflect that as the police testified at the hearing, 80 percent of the citations issued on Love Park and other public property areas are issued to young men and women, or young men generally, who live in our surrounding suburbs and not in Philadelphia. I think it's somewhat ironic that we're here debating this issue of public policy, public investment, public resources for City dollars, which will ultimately go or determine what suburban young people from the suburbs will do. I can assure you, and I'm not suggesting that the City be as restrictive as our GREETING/INVOCATION suburban communities, but I can assure you that if myself or my 11-year-old son or my 6-year-old daughter took their skateboard and tried it out in either Lower Merion or Bensalem, Media, or West Chester, those municipal or county or local governments would be taking strict and severe measures to probably take my skateboard and take my liberty. Part of why I raise this is I think the problems that we face in Philadelphia on a number of quality of life and/or behavioral issues, whether it's drinking and rowdiness at Vets Stadium, which we find is also a large number of suburbanites that engage in that activity, whether it's drunkenness or disorderly conduct on Christopher Columbus in our nightclub district, or whether it's this type of activity at special events on South Street and other places, many, many of these individual young people who decide -- and I'm not saying that skateboarders are that kind of element, but they're younger people right now. There seems to be this attitude that it's okay to do this in Philly. We wouldn't GREETING/INVOCATION drink, get disorderly, damage or vandalize public property in our community in Montgomery County or in Delaware County or in Bucks County where many of our parents moved to get away from the ills of the inner-city, but we can go back to Philadelphia at our leisure and decide that we can have a little more freedom to do these kinds of things. And I think as time goes on -- and skateboarding is a small example. As time goes on and people get older, they come to believe that what you can do in Philadelphia and get away with in Philadelphia is different than what they can get away with in their own community. And I think some of the problems that have exacerbated and progressed and evolved at Vets Stadium, on Columbus Boulevard, on South Street, in Manayunk, and in other places where our own residents complain about this behavior, I think is a result of our allowing different levels and standards of behavior in a city than they do in the suburban. You know, again, I want to make sure I -- I don't want to criticize these young men who are skateboarding as somehow ultimate, you know, rowdy drunks at the Vet, but I think there is some GREETING/INVOCATION correlation between what we allow people to get away with in our city and what they're not allowed to get away with in the suburbs. I think there's correlation to that. And its one of the reasons, in addition to the million dollars a year or so that Joe Martz, our managing director, estimates we spend to repair these facilities. That reason, and the reasons I suggested, are talked about now and are the reasons why I'm supporting this bill. Thank you.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam Chair. The facts for me are very, very compelling. To underscore what Councilman Kenney has said, the fact is that 60 percent of these young people don't live in Philadelphia. The fact is that given the reverse, that kind of conduct would not be tolerated in the suburban areas. The fact is that this Council has looked at the issue for the past four or five years. The fact is that approximately $1 million has been invested by the GREETING/INVOCATION City, which conceivably could go towards public education. So given that and given that an attempt has been made by Councilman Kenney and myself to -- as we're taking away, we're also going to look at giving back an area that's acceptable to the skateboarding community so that they can condition continue to enjoy the entertainment they enjoy on Love Park. So given those reasons -- and, yes, I will say again, the challenge for us as public policy makers is to find and strike a balance. While we're taking away, it's incumbent upon us to give back. And in the resolution that Kenney and I have sponsored, it is our attempt to give back. For that, I am voting in favor of this bill.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, during the course of the discussion over the summer, regardless as to whether or not we pass this bill now, I want to GREETING/INVOCATION again, for the record, impress upon you the importance of dealing with these skateboarders in some of our surrounding neighborhoods. In my particular neighborhood, there are a number of youth who currently use the streetway, which is relatively dangerous, and I wanted to make sure that they, during the course of this discussion of any potential expenditures of capital funds to create these venues to skateboard, that they also look at some of the surrounding recreation centers within our many neighborhoods as a part of this discussion.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Let me just mention a few things, and then I will talk about what Councilman Nutter and I talked about privately. And that is, number one, when we had hearings the other day, this chamber was filled with people from Philadelphia. Those testified were local, so I can't speak for people in the suburbans, nor do I represent them, GREETING/INVOCATION but the people who were in these chambers and spoke at our hearing were Philadelphians. And, number two, I have a copy of the bill before me. And under Section 2, under Section 3, Penalty, it mentions $300 and also mentions, number 4, enforcement, that an officer may seize the skateboard. And the new section added talks about $300. "Further, the total amount of any penalty assessed for each violation, taking into account the value of both fine and forfeiture, shall not exceed $300." And that is new and being directed to the bill. Having said that nonetheless, I have conferred with Councilman Nutter, and we certainly are willing to talk with the skateboarders over the summer. Councilman Nutter seems to be agreeable to, if nothing is worked out, we come back here in September and we have a bill before us. Certainly, I agree to support a bill if we can't work something out. And I'm happy to put that on the record, that I will support legislation if we can't work out a compromise that I hope we can work out over the summer. And I would ask the Chair if she would GREETING/INVOCATION ask Councilman Nutter if that is acceptable.
Thank you, Madam President. I'll try to respond to the questions in a few minutes. With regard to the public hearing, it's my recollection that there were probably about 60 or so in the crowd, only 4 of whom actually testified. So I'm not sure how we're accounting for who is in the City, who was not in the City. I don't necessarily know that people had any identification on their T-shirts or on their heads that necessarily designated where they were from. Secondly, the $300 fine that's been referred to on a number of occasions, Madam President, is already in the Philadelphia Code. It is a reprint of language from the Code. And as I said before, if you get a violation notice and pay it within]8 days, it's $25. Third, it is already illegal by Fairmount Park regulations to skateboard at Love Park. It is already illegal by City Council ordinance that was passed by this body some years GREETING/INVOCATION ago to skateboard at the Municipal Services Building. So, I mean, to some extent, we have dealt with these issues and we have not seen a complete abandonment of the sport of skateboarding throughout the City. With regard to the issue of a potential compromise or work it out or any of that language, I guess I'm trying to get a better understanding, quite honestly, Madam President, of what that exactly means and whether my colleague, Councilwoman Blackwell or whether my other colleague Councilman Cohen or anyone else is prepared to make a commitment that whatever these discussions are over the summer, they are what they are, and that a period gets put at the end of the sentence, that it's not some long, drawn-out, endless series of meetings about something that needs to take place. It is not prohibiting people from enjoying their particular sport. This is a very narrow issue of where you do what you do and are you responsible for the damage that you make. So I would like to get a much clearer -
I'm sorry. GREETING/INVOCATION Can you just clarify something for me, please. You did indicate that there are existing ordinances which would prohibit such activity in Love Park and around the MSB building?
The MSB building was prohibited by ordinance of this Council a few years ago.
So the question is enforcement; is it not? I mean, if we already have existing legislation -
Thee are a number of questions, Madam President. Thank you. There is an enforcement issue. The police have testified that by having this particular bill in place, with the confiscation provision, it gives them additional support to do what they need to do. There is also a provision in the bill that allows private property owners to post their properties to prevent this activity on their properties presently. They cannot do that right now, and that's why you had the Building Owners and Managers Association request City Council to add that provision to the bill. It was added at their request at the hearing, based on GREETING/INVOCATION their testimony and a laundry list of problems that they have at their own private facilities. As I mentioned earlier, the Bell Atlantic Tower suffers $15,000 annually in damage; 1600 Market Street, $8,000; 1601 Market, $8,000; 1700 Market, $10,000. (These are figures provided by the BOMA Association.) One and Two Commerce Square, 2001 and 2005 Market Street, $20,000 annually; and the Wanamaker building across the street is a couple thousand dollars annually. There were a number of other people testified at the hearing about this particular issue. So it's not just public property; it also has a benefit to private property owners who have open plazas that are open to the general public -- they are not private, secure areas -where they are experiencing, whether on granite or stone or their railings and the line, the same kind of activity going on, and that provision was put in the bill at the request of the Building Owners and Managers Association. So it is not just public property in question. So, I mean, the issue arises that the discussion has been, can we work it out? Again, GREETING/INVOCATION Madam President, I would say I'm not exactly clear what that means. And if my colleagues are saying that through the Managing Director's office and through the Recreation Department, if there are a series of hearings and they're prepared at this City Council session to commit to supporting the bill when we return on September 14th, I'd be interested in that kind of a discussion.
Councilwoman Blackwell, would you please respond to Councilman Nutter's question?
Thank you. As they say, the bottom line is, we're prepared to work with certainly the business community who is affected by this, the skateboarders and representatives from the City to work it out over the summer. If it is not worked out, then we have committed ourselves to voting for the bill. I think that's as clear as I can make it.
Well, the "we" can be whomever you choose. GREETING/INVOCATION
No, I know about the people who are going to be working it out. I'm saying that if there are Councilmembers who are concerned at the moment, are those Councilmembers prepared to commit to voting for the bill September 14th upon our return based on this discussion period that has been the work-out period? That's what I'm trying to understand. I want to know when there's going to be an end to this.
For the third time, I will vote for the bill if we don't work it out. I can't be any clearer than that. If we work it out, then apparently we don't need a bill, or maybe we don't need a bill and we don't know what happens. If we do not work it out, then I've said I'm committed to voting for the bill.
"Work it out" means that everybody is satisfied from the business community to the City to representatives from Council and skateboarders that these are the mutually agreeable sites and/or set of GREETING/INVOCATION circumstances under which they can operate. I don't know what else you want.
I understand. I guess what I'm struggling with a little bit is that we have to engage in a process. I mean, your suggestion is that we engage in a process to try to work something out with people to stop them from destroying public property. I mean, is that what we're talking about?
Sure, that's fine. Any way you want to interpret it is fine. But if we -- let's work it out.
Councilwoman Tasco, do you wish to be recognized?
So much for trying to work it out here. This discussion raises a question for me. One of the questions I have, though, if we were to find a facility for the skateboarders to skate in and that is what we do, how do we -- how do we commit? As someone said, the skateboarding community is not monolithic. Those who agree to using these facilities don't necessary bind those individuals who may come from other surrounding GREETING/INVOCATION areas. And so I think we need to look at what we do to protect the property of the private owner as well as the City.
Absolutely, we will absolutely do that. So we begin a process, they've already started looking for sites, per my colleague Councilman Kenney, who said that at caucus. So let's start it, try to work it out and see where we end up. The worst-case scenario is, we end up back here, our first session of Council and we vote for it if nothing else happens. So we lose a matter of weeks. Let's see what we can work out and have a positive attitude and see what we can work out. If we fail, we have the bill here and we vote for in September and then vote for -- it does say $300 in this legislation. And we vote for it and we fine kids and their parents $300 and take their skateboards. That's the worst-case scenario. So can't we then agree just to hold up?
You want me to GREETING/INVOCATION commit to a process that we have just started.
I'm willing, Councilwoman Blackwell, to hold off, but the question becomes, how do we bind all skateboarders to prevent them from skating on public property or private property, even when we work out the issue? And that's what we have to look at also.
Well, we look at all of it as we go through the summer. We can't answer all of the questions now and work in a vacuum, with just us having this discussion. You have to try to work it out with everybody at the table. Let's try to work it out. We can't answer all of the questions now. Obviously, I'm not a skateboarder. I mean, let's give it a chance and to try to work it out and think positively and proceed with good intentions and see where we go. I'm getting suggested sites, like Eighth and Market. And Councilman Cohen says he'd love to believe to say he's a skateboarder. (Laughter.)
Oh, I thought he was. GREETING/INVOCATION Councilman Nutter? Councilman Nutter, are you. . . Councilman Nutter, Councilman Nutter?
If we're finished caucusing, could we move on, please.
Madam President, I think what I would like to suggest, as we do have a very long calendar, and I deeply apologize that such a weighty matter would hold up a calendar. What I would like to suggest is if we could go beyond, go to the next bill and keep running the calendar.
An ordinance amending an ordinance approved November 13, 1997, which authorized the Commissioner of Public Property to execute a deed located in the Northeast corner of Seventh Street and Patterson Avenue, of the 39th GREETING/INVOCATION Ward of the City of Philadelphia, under certain terms and conditions.
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 16, the nays are 0. A majority of all Members of having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000219.
An ordinance amending Chapter 16-400 of the Philadelphia Code, entitled "Vacant and Surplus Properties," by adding a GREETING/INVOCATION subsection on the Philadelphia Commercial Development Corporation.
This bill having been read two different days, the question now is, shall the bill pass finally? The clerk will please call the roll.
Aye. The ayes are 16, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000315.
An ordinance authorizing the Commissioner of Public Property, on behalf of the City, to lease for nominal consideration GREETING/INVOCATION parcels of land owned by the School District of Philadelphia, all under certain terms and conditions.
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill being called for consideration is Bill No. 000341.
An ordinance authorizing the Commissioner of Public Property to execute and GREETING/INVOCATION deliver to the Philadelphia Authority for Industrial Development a deed located in the vicinity of 47th and Market Street, all under certain terms and conditions.
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000352.
An ordinance amending GREETING/INVOCATION Bill No. 970833, authorizing the Commissioner of Public Property to deliver and execute to the Philadelphia Redevelopment Authority a deed located in the northwest corner of Fifth and Huntington Streets, all under certain terms and conditions.
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 16, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. Councilman Cohen, your light is on. Do GREETING/INVOCATION you want to be recognized?
Yes. Madam President, I request permission to leave the floor of the chamber for a short period of time and to be recorded as voting aye on all bills that may come before the Council during my absence, except for Bill 164, which if the bill came up, I would be voting no.
Well, I would ask that that bill be held until I get back.
Councilman, excuse me. Before you leave, you're voting no on Bill 164? GREETING/INVOCATION
On the last bill back before that. On Bill 164, I will be voting no on that, 1-6-4.
Thank you, thank you. The clerk please read the title of Bill No. 000353.
An ordinance approving a third lease amendment agreement between the Philadelphia Gas Works and the Philadelphia Regional Port Authority, under certain terms and conditions.
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000370.
An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into a sublease agreement for office space located at 1401 Arch 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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000414.
An ordinance authorizing the Commissioner of Public Property and Director of Commerce to convey to PAID certain City-owned real estate in the vicinity of Red Lion Road 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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000121.
An ordinance granting permission to Cavalier Telephone Mid-Atlantic to construct a telecommunications system, all under certain terms and conditions.
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 00218.
An ordinance granting permission to Columbia Transmission Communications to construct a telecommunications system, all under certain terms and conditions.
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.
Councilman Kenney? (Councilman Kenney absent from chamber at this time.)
Aye. The ayes are 15, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000279.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 329, all under certain terms and conditions.
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. GREETING/INVOCATION The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000281. Before that's read, Councilman Kenney, you were out of room when we were considering Bill No. 000218. How are you voting on that?
The record will reflect that the vote on Bill 000218 was 16 to 0. The clerk will please read the title of 000281.
An ordinance authorizing McDonald's Corporation to construct and maintain various encroachments, all under certain terms and conditions.
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000339.
An ordinance amending Section 2 of an ordinance authorizing the vacating of Walker Street, under certain terms and conditions.
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000340.
An ordinance granting permission to National Railroad Passenger Corporation to construct various underground facilities, all under certain terms and conditions.
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000360.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 308, all under certain terms and conditions.
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000361.
An ordinance authorizing the paving of Gaskill Street and Philip Street, under certain terms and conditions.
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. Bill No. 000362 is the next bill to be called for consideration.
An ordinance amending Section 2 of an ordinance authorizing the revision of lines and grades on a portion City Plan No. 97, all under certain terms and conditions.
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000336.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 97, all under certain terms and conditions.
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000364.
An ordinance authorizing the installation of stop signs on Venango Street at the intersection of Janney 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. GREETING/INVOCATION The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000365.
An ordinance authorizing the installation of stop signs on Venango Street at the intersection of Weikel 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 16, the nays are 0. A majority of all Members of Council having voted in GREETING/INVOCATION the affirmative, the bill paces. The next bill to be called for consideration is Bill No. 000366.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 319, all under certain terms and conditions.
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 16, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. GREETING/INVOCATION The next bill to be called up for consideration is Bill No. 000367.
An ordinance authorizing the paving of Tabor Avenue, all under certain terms and conditions.
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called up for consideration is Bill No. 000368. GREETING/INVOCATION
An ordinance authorizing and directing the placing on City Plan No. 396 of Gina Street, all under certain terms and conditions.
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000369.
An ordinance authorizing GREETING/INVOCATION the paving of Gina Street, under certain terms and conditions.
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000372.
An ordinance granting permission Temple University to construct various underground utility facilities, all under certain GREETING/INVOCATION terms and conditions.
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 16, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000373.
An ordinance granting permission to Temple University to construct a telecommunications duct bank, all under certain terms and conditions. GREETING/INVOCATION
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000374.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 121, all under certain terms and conditions.
This bill GREETING/INVOCATION 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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000396.
An ordinance granting permission to Sophia Saritsogloy, owner and operator of Sophia's Lunch Truck, located between 39th and 40th Streets on Market to install, use, and maintain electrical wires, conduits, and appurtenances, under certain terms and GREETING/INVOCATION conditions..
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000399.
An ordinance amending Section 2 of an ordinance, authorizing the striking from City Plan No. 163, all under certain terms and conditions. GREETING/INVOCATION
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000400.
An ordinance amending Section 2 of an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 297, all under certain terms and conditions.
This bill GREETING/INVOCATION 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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000401.
An ordinance amending Section 9-205 of the Philadelphia Code relating to sidewalk sales by adding a new provision prohibiting sidewalk sales in the area bounded by and within Wissahickon Avenue, all under certain terms and conditions. GREETING/INVOCATION
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000402.
An ordinance granting permission to Conectiv Communications to construct a telecommunications system, all under certain terms and conditions.
This bill GREETING/INVOCATION 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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. Bill No. 000403 is the next bill to be called for consideration.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 307, under certain terms and conditions.
This bill having been read on two different days, the GREETING/INVOCATION question now is, shall the bill pass finally? The clerk will please call the roll.
Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000405.
An ordinance granting permission to Sunesys to construct a telecommunications system, all under certain terms and conditions.
This bill having been read on two different days, the question now is, shall the bill pass finally? GREETING/INVOCATION The clerk will please call the roll.
Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000406.
An ordinance authorizing Wolf Street Partners to construct and maintain a fence on the west footway of Weccacoe Street, all under certain terms and conditions.
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. GREETING/INVOCATION
Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000409.
An ordinance authorizing Reading Terminal Market Corporation to construct and maintain various electrified signs, all under certain terms and conditions.
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000410.
An ordinance authorizing Keystone Properties to construct and maintain various encroachments, all under certain terms and conditions.
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000411.
An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 271, all under certain terms and conditions.
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.
Councilwoman Blackwell? (Councilwoman Blackwell absent from chamber at this time.). GREETING/INVOCATION
Aye. The ayes are 15, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. May I ask the Chief Clerk if Councilwoman Blackwell voted?
The ayes are 15, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000415.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 58, all under certain terms and conditions. GREETING/INVOCATION
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.
Councilwoman Blackwell? (Councilwoman Blackwell absent from chamber at this time.).
Aye. The ayes are 15, the nays are 0. A majority of all Members of Council having voted in it affirmative, the bill passes. The clerk will please read the title of Bill No. 000217.
An ordinance amending Section 9-402 of the Philadelphia Code, entitled "Animal-Drawn Carriages," and amending approved routes for animal-drawn carriages, all under GREETING/INVOCATION certain terms and conditions.
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.
Councilwoman Blackwell? (Councilwoman Blackwell absent from chamber at this time.)
Aye. The ayes are 15, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The clerk will please read the title Bill No. 000348.
An ordinance amending Title 4 of the Philadelphia Code by revising certain sections related to fees for permits GREETING/INVOCATION issued by the Department of Licenses and Inspections.
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.
Councilwoman Blackwell? (Councilwoman Blackwell absent from the chamber at this time.).
Aye. (Councilwoman Blackwell returns to chamber.)
The Chair recognizes Councilwoman Blackwell. Councilwoman Blackwell, are you voting in the affirmative on Bill No. 348?
The ayes are 16, the nays are 0. A majority of all Members of the Council having voted in the affirmative, the bill passes. Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I think I missed Bill 217, and I'd also like to be recorded as voting aye on that.
I think you may have missed Bill 411 and also 415.
The record will reflect that Councilwoman Blackwell voted in the affirmative on those four bills.
Thanks. The next bill to be called for consideration is Bill No. 000350.
An ordinance amending Title 14 of the Philadelphia Code by revising various fees performed by the Department of Licenses and Inspections. GREETING/INVOCATION
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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000351.
An ordinance amending Section 9-1004, entitled "Contractors," under certain terms and conditions.
This bill having been read on two different days, the GREETING/INVOCATION question now is, shall the bill pass finally? The clerk will please call the roll.
Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 000319.
An ordinance amending an ordinance (approved September 16, 1999) which revised the prevailing-wage ordinance by extending the prevailing-wage requirements to include all building and construction work contracts, under certain terms and conditions.
This bill GREETING/INVOCATION 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 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 0000164.
An ordinance amending Title 10 of the Philadelphia Code, entitled "Regulation of Individual Conduct and Activity," prohibiting concealed identities in certain instances.
This bill GREETING/INVOCATION having been read on two different days, the question now is, shall the bill pass finally? Councilman Ortiz, do you wish to be recognized?
Thank you. Sometimes we legislators, especially those of us who reside in Philadelphia, seem to forget the basis upon which this country was founded. Political speech. Political speech comes in different ways and different manners. And, in essence, when those individuals sat down on Sixth and Chestnut, they were thinking about that, they were thinking in terms of the future, in terms of how legislators were going to be handling dissent. Thomas Jefferson even said it in the Declaration of Independence that when those who govern against those they are governing, the governed have a right to overthrow that government. It's part of the inherent heritage of this country. Thomas Payne, the pamphleteer, the GREETING/INVOCATION Federalist Papers, they were all written and they were all anonymous -- not because they were scared, but because the government and the police power had to be contained. When we say people cannot demonstrate, when we write a legislation that transfers the public policy position into the hands of the law enforcement officer, we're putting that law enforcement officer in a very difficult situation. When we say that intent to commit, you're trying to give that law enforcement officer, or you could give him, the ability to just arrest under supposition that something is going to happen. If somebody commits a criminal act in any demonstration, there are criminal statutes that take care of these issues and people are arrested. But when people come to a convention, it is a political convention. The Republicans is not a tourist attraction. The Republican Convention is not something for tourism to be attractive and to attract tourists to Philadelphia. It is a political convention. And political issues are going to be discussed both GREETING/INVOCATION inside the First Union Center and outside of the First Union Center. And those that have -- and those that are going to be outside have the same right, the same right, to be able to express their political opinion and their political speech in whatever mode they find best -- as long as they do not commit a criminal act. We cannot write legislation really that is vague, overbroad, and transfers public policy into the hands of the public enforcement officers. This is not about being pro-police; this is being about being pro-freedom. And even if we're afraid, even if we're apprehensive that something might occur, that is not any reason to curtail the freedom of anyone that comes to demonstrate in the City of Philadelphia. I wonder what those individuals at Sixth and Chestnut would say. They dressed up in Boston at the Boston Tea Party. We had the Swamp Fox, who had many disguises during the Revolutionary War. We had the Scarlet Pimpernel. You see him here, you see him there, you see him everywhere during the French Revolution. People who continuously fought for the right to be free. GREETING/INVOCATION You can wear a mask, you can burn a flag. In the United States, political speech is respected, whether it comes under the guise of masked individuals, speech in City Council and on corners -- and I don't think this Council at this time, at the beginning of the 21st century, would pass a law that I think, one, cannot be enforced, does not protect anything because a crime -- it supposes a crime is going to be committed. And as Jim Kenney said during the hearing, it actually encourages more people to bear the masks and come to the City of Philadelphia masked as they would be. No, I don't think in the City of the Revolution, I don't think in the city of the Declaration of Independence, I don't think in the city of the Constitution, this Council can pass legislation of this type. Ben Franklin said, when they asked what type of government we had, he said You have a republic if you can defend it.
Those individuals that are going to be protesting in front of the First Union Center are a part of the people and the individuals and the rights that we have to GREETING/INVOCATION protect as a City Council, and we should not try to curtail their freedom before they do anything just because we might be afraid or a little bit apprehensive or because masks scare us. Thank you.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Frankly, I haven't been involved in this debate but wanted to ask two questions, and maybe the bill's sponsor knows. When it takes effect, as someone asked me in the corridor, when this bill takes effect, it's not listed on it, and two; Section 2 says: "This section shall not be construed to punish constitutionally protected speech." It does list that in it. And what -- I heard very well Councilman Ortiz said, and he said very, very important things about protecting freedom of speech. And I wondered if the bill's sponsor could tell us how he sees this, if I'm not putting him on the spot. Is that all right? GREETING/INVOCATION
How could one be on the spot sitting in City Council in front of all the media. No one could ever be on the spot. Now, I'm proud of this bill, and Councilman Ortiz is totally right about everything he says, except for the reasoning for this bill, and the reasoning for this bill is to help the citizens of the City of Philadelphia. This is not an anti-mask bill you can wear Scarlet Pimpernel mask any night or time you want, Councilman. It doesn't matter. This is a bill that will punish people -- and, by the way, it's a summary offense, a $75 fine. Nobody's going to be arresting people for wearing masks. All it does is going to punish people for inappropriate behavior. If they're throwing bricks at police cars, with or without a mask, they're going to get arrested. If they're throwing bricks at police cars, concealing their identity, they're going to get arrested with another fine, is pretty much simply the bill. GREETING/INVOCATION And it will be taking effect immediately, Councilwoman.
Thank you. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I, like Councilwoman Blackwell, have not really delved a lot into this bill, but -- and I am one who would like to protect the freedom of speech. All week, though, I have watched on national television the activities that took place in Central Park, where a number of young men attacked women, personally assaulted them, and the police apparently did absolutely nothing. But the important thing about that, through personal video tapes, the perpetrators, some of them, were able to be identified. GREETING/INVOCATION I believe this bill is intended to protect people from harm. It does not prevent, as I understand it, individuals from wearing a mask even during the course of the convention. It's when they move to harm an individual or others that it becomes a crime. And if in the future, activities that happen in other places, as happened in New York City, the perpetrators decide that they will wear masks, so they can't be identified. That has moved me to think more in favor of voting for this bill. Up until now, Councilman Mariano did not know how I was going to vote, and I probably would have voted against it, except every time I turn on every TV program, I'm confronted with the story of the assaults in New York by these men on women. And I do not want that to happen. It has happened here. We don't want people to say, Well, we'll put on a mask and nobody can identify us and we can do what we want to do. And so, therefore, I do believe that and I hope that our police department will understand the difference in wearing a mask and in GREETING/INVOCATION using a mask to harm someone. Thank you.
Thank you, Councilwoman. The Chair recognizes Councilman Cohen.
Well, I'm very distressed by the comments of Councilwoman Tasco. In New York, they didn't wear masks, the group of men that attacked women, and the police's attention ought to be directed to protect the women. I don't find it understandable at all that thousands of police were in the area, they were notified that women were being attacked, and they weren't paying any attention. And what are we doing here? Telling the police to pay attention to people who wear masks, who may be acting totally peacefully. And if they're not acting peacefully, then they ought to be arrested. Councilman Mariano made two statements. He said if they turn over a police car and they're wearing a mask, they'll be arrested; and if they turn over a police car and they're not wearing a mask, they'll be arrested. GREETING/INVOCATION What's the point of the bill? The point of the bill is to sanitize Philadelphia to make sure that we are all on nice behavior so that when the Republican Convention comes to town, all of the Philadelphians are going to be acting very nice. Demonstrators have a right to protest in the City of Philadelphia at anytime, anyplace anywhere. And the place they're going to want to protest is where the delegates to the Republican National Convention can see them. The delegates of any national convention are engaged in political activity. That's the reason -- and at a very important level. They're going to be discussing programs for the country for the next four years. They're going to be arguing about what ought to be the program of the Republican party, just as the next month in Los Angeles, they're going to be -- the Democratic National Convention is going to be formulating its program and developing who the candidate should be even, though the scripts have already been written in advance as to the who the presidential candidates are. GREETING/INVOCATION Political protest is aimed at influencing those delegates in the development of their programs. And what are we going to do? We're reducing in Philadelphia, the home of dissent, the home of the greatest country that was ever founded on democratic principles, we're trying to eliminate that. We're saying, protesters, go on a stage, go through a performance. That's sheer nonsense. That's saying don't have any dissent. Protesters don't go and perform on a platform in a specific place; they're giving vent to their feelings. And where are they doing it? They're doing it in the place that's most effective. If this ordinance passed and you look under the mask, you're going to find me. Because what you're trying to do, Councilman Mariano, even though you don't think you are, you are trying to destroy, as Councilman Ortiz said, the very essence of democracy, because people have a right to protest in any way. I have -- I regret deeply the action of Anti-Defamation League. They were responding, as I understand it, to a comment you made about me GREETING/INVOCATION one day, and so I have to hand it to you, you apparently convinced them that you were right, because suddenly, they authored, or coauthored, this bill, which flies in the face of everything the Anti-Defamation League ever stood for. The Anti-Defamation League has been the prime mover against the Ku Klux Klan, and they have confused the uniform of Ku Klux Klan which gives the message of hate and divisiveness with the context of a mask demonstrating political independence, indicating protest of ordinary people against either oppression of government or asking for the government to assist them in their problems. The aim of this bill is soley to attempt to reduce the number of protesters and to have them perform on a platform with a time limit. I think the agreement is 15 minutes, so you can protest for 15 minutes, and then for 23 hours and minutes of the rest of the day, you're a nice, peaceful person. We don't want that kind of sanitized activity. We've got to have the freedom to protest.
You've got to protect the rights of a GREETING/INVOCATION neighborhood to demonstrate at a street corner because the City bureaucracy won't put up a stop sign. You've got to protect those rights. And this bill moves in the opposite direction. I think this bill ought to be decisively defeated by City Council. It's about time we began acting on behalf of people instead of trying to repress people. That's what this bill is aimed at doing. They want us to present a nice appearance to the Republicans. I don't think it should be done for the Republicans, I don't think it ought to be done for Democrats. People ought to be encouraged to voice their views in whatever fashion they choose to before these two conventions, the one in our city and the one in Los Angeles. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Ortiz.
I wasn't going to speak again, but it distresses me that my colleague Marian Tasco is, on this, on the other side. In 1977, '78, the Iranian students at GREETING/INVOCATION the University of Texas were going to hold a demonstration. The University of Texas gave them a permit to hold a demonstration with the proviso that they do not wear masks. They said, You can hold that demonstration, but you cannot wear masks. It went to federal court. I'd just like to quote one small statement that they said. They said, "because the connection between the prohibition and the university's interest is merely speculative, the regulation cannot stand. For in our system, in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom." And I think that is what we're talking about here. The people in Central Park did not wear masks, as Councilman Cohen said. Those things happened because of police neglect and police inattention. What we're saying here is, we're trying to prevent political speech, period. Simple. It's broad, it's vague. And when they came before City Council, if someone commits a crime, they can do it unmasked or masked. You commit a crime, GREETING/INVOCATION you'll be arrested. But we're trying to send -the message we're trying to send here is about political speech, it's about the dissent. Make no bones about it. It has nothing to do about protecting our citizens, but it has to do with chilling, chilling political dissent during the Republican Convention. Thank you.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you, Madam President. I'd like to point out that if we're using the incident in New York as an analogy that most demonstrations that are observed by law enforcement are, in many cases, videotaped not just by the police department but by the media, and I can think of countless, countless cases where, because of surveillance video and media tapes, that people were brought to justice that committed crimes against others. And if that incident in New York had masked individuals involved in it, the police would not have the ability to identify the perpetrators of those GREETING/INVOCATION very, very serious crime. So I'm speaking in favor of this bill.
Thank you, Councilman. The Chair recognizes Councilman Goode.
Thank you, Madam President. Councilman Mariano asked me earlier this week how I was going to vote on this bill and wanted to come up and lobby me on this bill, and I told him I hadn't had a chance to look at it yet. He sent around a package to all of his colleagues. I was not someone who sat on the committee that reported this out, so I had not dug too deeply into it. I can say after reviewing the information from the ACLU, from the ADL, I changed my mind on my perception of this bill. I think this bill has been mischaracterized in the media, has been mischaracterized politically in a number of different ways, by members of this Council. The truth of the matter is, the bill says what it says. And it does not have anything to do with political speech. Political speech GREETING/INVOCATION will be allowed at the convention and otherwise. It has nothing to do with protests. And I don't know why -- and I see no need, as someone who considers themselves to be a former subversive, even bowing to the subversives of some of my colleagues now, I don't know what this has to do with protest and protesting with or without masks. As a former subversive, I'm someone who protests without a need. I don't see a need for someone to protest with a mask. But beyond that, this is not about protest. The bill says what it says. And I would ask my colleagues not to mask their protest. In some ways, their protest to this bill has nothing to do with the actual bill; it has to do with sensationalism around it. If there are philosophical things they believe in, that's true, but don't mask your protest of this bill. It has nothing to do with what is actually written in this bill. And I will be voting in favor of it.
Thank you, Councilman. The Chair recognizes Councilwoman GREETING/INVOCATION Tasco.
Thank you, Madam President. I -- he probably said most of what I was going to say is that, as I read the bill, it has nothing to do with the suppression of free speech, protest. It says you cannot wear a mask to do unlawful -- to commit a crime and during the commission of unlawful activity. So if nobody is doing anything unlawful, they can wear their masks. They didn't say you can't wear a mask, you can't speak out, you can't demonstrate. The whole process for the demonstrators has been set up prior to this bill even being introduced in this City Council. And I do not read the same message that my colleague Angel -- and he knows that I'm for free speech and I'm not for suppression and I'm not for any of that. But at the same time, it's not what this bill says. And I would hope and have confidence that our police department will not just arrest someone because they happen to have a mask on during a demonstration. If they are committing a crime, whether it's at the Republican Convention GREETING/INVOCATION or whether they're in the neighborhood attacking someone with a mask on, that is unlawful activity, and that's a crime. Thank you.
Thank you. The Chair recognizes Councilman Cohen.
I really regret that Councilmembers don't understand that there is no purpose other than to suppress dissent in this bill. This bill has been introduced, and everybody knows it, for the Republican Convention. It is talked about at the hearing to give the police another tool. What tool? Is somebody going to not commit a criminal act because of this bill? If they commit a criminal act, then they're subject to arrest. What we're doing is giving to every police officer around the convention area, around where any protest may take place, we're putting upon that police officer the extreme burden of trying to decide, does somebody wearing a mask have an intention to commit a crime? The bill on its face makes no sense whatever, it does nothing except to try to give a GREETING/INVOCATION basis for an arrest. How does a police officer know whether somebody intends to commit a crime? Look at me. Do I intend to commit a crime, do I intend to strike my colleague here and commit a crime? How does anybody know by looking at me? (Laughter.)
And if I put on a mask, does that make a difference, does the mask justify the arrest? Does that mean I have a criminal intent? They can't even look at my eyes, they can't see my face. We're saying a police officer has to decide, does that person have the secret intent to commit a crime? Stop talking nonsense. That's the one thing I don't like when we engage in. This bill was introduced to give the police an additional weapon to arrest people, and we're putting an impossible burden on every police officer in the City. Of course, if Commissioner Timoney were everywhere, he would not arrest anybody wearing a mask because he would understand, but the decision is made by a police officer who doesn't have the long training period of Commissioner Timoney. And this bill is useless for all GREETING/INVOCATION practical purposes; but at the same time, it is dangerous because it attempts to stifle dissent. And I'm just shocked at the thought that these knowledgeable people here are trying to kind of go along with the times and say, We'll put in the words. We're going to write that this must not be applied unconstitutionally. Well, what does that do to anybody? The fact that the words are in the bill means nothing. It's merely a cover-up for the rest of the bill. This bill ought to be defeated, and if it's passed, we ought to go home today in shame because we have disgraced everything that is historic down at Fifth and Chestnut Street. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Ortiz.
Thank you, Madam Chair. But of course he's going to say "with the intent." The point is, during the hearings, we asked the deputy police commissioner to define intent, how it is going to be measured? Of course, the bill seems innocuous and innocent. GREETING/INVOCATION And, of course, the ACLU said -- but the ACLU did not come in and say, "We support the bill." It did not come in and testify in support of the bill. It said that the amendment change and the wording made it so that it could be acceptable. But we're talking about political speech and prevention. We're talking about what happened not in Seattle or Central Park; we're talking about what happened in Washington, in Detroit, where similar laws were enacted to prevent dissent, where preemptive arrests were done of people that were wearing masks because they were going to demonstrate in the capital of this nation. The same legislation, same, it could pass constitutional muster. What cannot pass constitutional muster is when it is applied. And fine, we will vote, and 200 people get arrested unlawfully because they were wearing masks and the police went in and they said, Well, we thought they had the intent, but they did not commit any violence. We thought they had the intent and they were going to do it, but they didn't do it, and GREETING/INVOCATION they were arrested here. Then the ACLU says the law was used unconstitutionally, but the law gave the policeman a burden that he should not have been given. It gave the policeman that he had to begin making public policy because no crime was committed, but he doesn't know whether a guy wearing the mask and moves forward rapidly, what intent does he have? Is he going to attack me? If he moves rapidly towards the car, what intent does he have; is he going to destroy the car? Of course, it passes constitutional muster when it is written, but it does not pass constitutional muster when it is applied. And we're talking here of legislation that is written to be applied to the demonstrators that are coming here to protest the Republican Convention, and they have the same right that the people in First Union have to be here doing the same type of political speech. Of course, it passes. Laws usually pass constitutional muster until they are enforced. Until they are enforced. Then a court decides whether the application and the GREETING/INVOCATION enforcement by that policeman was constitutional enough or was an infringement on that person's First Amendment right under the Constitution. Once you begin trying to limit speech in whatever manner, in whatever manner, for whatever reason, you start infringing on freedom. And let us not take it lightly because what we do here, it might be a city council, but it has repercussions way beyond this. Let us not take it lightly. Yes, I was arrested. The other day, I was found innocent yesterday at trial. I demonstrated. I sat I did civil disobedience. There was a law that is constitutional, but that same law, under which I was arrested, said that I had a First Amendment right to violate it. It cannot be applied to my political speech. The law, as written, is harmless; the law, when enforced, becomes a tool of repression. The ACLU does not endorse this law. The ACLU just said, as written, it could pass constitutional muster. Enforcement, we will be there. Let us not fool ourselves. This is not GREETING/INVOCATION just a simple little law. Let us not end the first five months, first six months of the 21st century by passing a law that suppresses political speech in the City Council of Philadelphia. My God.
Thank you, Madam President. Let's set the record straight before I move for the previous question. With the specific intent to hide one's identity during the commission of a unlawful activity. Without that unlawful activity, Councilman, it's not a crime.
The police. Unlawful activity. And then the trier of fact, the trier of fact. Like they determine it everywhere, like they'll determine his skateboard bill when that happens. Okay, previous question, Madam President. I move for the previous question. We heard it two, three times. GREETING/INVOCATION
I think there are other people that want to be recognized. Yes, sir?
Madam Chair, when it goes to the trier of fact, it will cost us a lot of money, it will cost us a lot of money. The ACLU will get a lot of good attorneys' fees, all of the other attorneys that will defend the demonstrators in federal court for the violation of First Amendment rights will get a lot of attorneys. Yes, indeed.
I move for the previous question, it's a non-debateable fact, so we have to vote on that before he can speak again. I move for the previous question. That's a parliamentary point.
What was the previous question? What was the previous question?
We're not GREETING/INVOCATION suppressing anything, Councilman, come on. Let's vote. No, I'm not cutting off debate, let's just vote.
Every member of City Council, though I don't know whether everyone has read it, received a second message from the American Civil Liberties Union. Their first message was one of support for the bill. Under date -- our office received it on June 20, two days ago. It was addressed to members of Philadelphia City Council from both the Executive Director and the Litigation Director of the Civil Liberties Union, and it said -- let me read it briefly. The American Civil Liberties Union of Pennsylvania believes that Bill 000164, "the anti-mask ordinance," does not on its face violate the First Amendment. The ordinance makes specific intent to engage in unlawful activity an essential element of the prohibited offense." The ordinance also states that it GREETING/INVOCATION "shall not be construed to punish constitutionally protected speech. "While we believe that Bill No. 000164 does not on its face violate the First Amendment, we are very concerned about the implementation of the ordinance if the bill is enacted by City Council. We have learned that on June 2, 2000, in Detroit, protesters who were wearing Lone Ranger type masks were arrested under a Michigan anti-mask law. "We are also troubled by the fact that this legislation, the one before us here, is not prompted by any incidents that have actually occurred here in Philadelphia; rather, it appears to be specifically targeting people who will be protesting in Philadelphia during the Republican National Convention. Our office is already receiving calls from people who are worried that they will be arrested merely for wearing a mask or a bandana during a demonstration. "if this law results in police officers arresting and removing anybody in a mask who looks suspicious and limits their exercise of free speech, as the Daily News editorial said on June GREETING/INVOCATION 14th, we will be prepared to file a challenge to this law as it is being applied." That ends the article. I predict that if this ordinance passes today, it will trigger the largest demonstration of protesters in the history of Philadelphia. It will make the threat of Councilman Rizzo's father many years ago about an invasion of protesters on Philadelphia on July 4th, it will make that threat seem like nothing. I think it is a terrible thing for Philadelphia to do, but if this Council is determined to do it, then let the Council be prepared to accept responsibility for what flows from this point on. Thank you, Madam Chair.
Thank you, Councilman. The clerk please call roll.
Aye. The vote is 5 nays, 11 ayes, and the bill passes. The majority of all Members having voted in the affirmative, the bill passes. We can now go to Bill No. 000147. The Chair recognizes Councilwoman Miller.
Council President Verna, I had a group of young people visiting today. I'm not sure whether they're still here. Mr. Sam Porter -- okay, I think they've gone.
Okay, all right. We have visitors from the 8th Councilmatic District. Mr. Sam Porter, who's a project coordinator for the Boys and Girls Club of Philadelphia, he has a group of young people with him from the Teens Resources Against Crime group that meet at the Wissahickon Boys Club in GREETING/INVOCATION Germantown. (Applause.)
Thank you, Madam President. I'm assuming we're going back to Bill 147.
I said we're back to Bill 147. I am recognizing you.
Thank you, Madam President. Madam President, I just you wanted to place on the record as a part of the earlier discussion. I think all of my colleagues by now have received a copy of a letter from our managing director, Joe Martz, who had testified at the public hearing but also today writes to us requesting our support for this bill, reiterating much of his testimony from the public hearing, but also laying out his continued commitment to work with Members of Council, the skateboard community, and the private sector on this particular issue. I think all of us have come to know our managing director in his previous capacity, and GREETING/INVOCATION now as Managing Director, certainly as a person of his word. He has put his word and his commitment in writing. And I think that if there was any concern about it before, certainly a letter from the managing director of this extraordinary type should address many of those concerns. I would also say, Madam President, from the newspaper story after the public hearing, we heard testimony from a Brian Lathrop, a 36-year-old skateboarding enthusiast who said, "I think kids are going to persist," he predicted. " And I think that points out very dramatically, Madam President, that while we want to believe and have good-faith understanding between and among all of the various parties, it has been clear over the years that some element of the skateboard community is very much determined to continue to do what they do. They testified in public that they think they have a right not only to skate on public facilities but also destroy them because they have a right to do it, and that's their mindset. GREETING/INVOCATION Lastly, let me put on the record some of the actions that have been taken by this Council on this particular issue. I would now make reference, Madam President, to Bill No. 959-A, which was passed by this Council on December 15, 1994. " Now, Madam President, that is a bill that was sponsored by former Council President Street, and what it did was prohibit skateboarding in the area bounded by Arch Street, 15th Street, Broad Street, and John F. Kennedy Boulevard, also known as the Municipal Services Plaza, and sidewalks. And what that bill said was that any parent of a child under the age 18 who violate subsection 10-610(1) shall also be in violation of this section. The much-discussed concern about the $300 fine, Madam President, is not new in the bill before us. That provision was in Bill 959-A, approved by this Council on 12/15/94. The vote was 16 to 0, and the only Member not voting was a Member who was not here. That bill created the GREETING/INVOCATION $300 fine provision if you contest the ticket, which is $25. The Members who are still in the body who voted for that bill at that time are: Councilwoman Blackwell, Councilman Cohen, Councilman Kenney, Councilman Krajewski, myself, Councilman O'Neill, Councilman Ortiz, Councilwoman Tasco, and you, now-Council President Verna, when you were Majority Leader. In 1998, this Council passed Bill 970817 after a great amount of debate and discussion. It prohibited a wide variety of activities, including riding a scooter, roller skates, or a skateboard on any public sidewalk. This Council passed that bill. There were exceptions made to that bill, one of which was, certain areas of the City. My colleague expressed concern about prohibiting skateboarding in certain places. That bill was subsequently amended by Bill 980641, which was introduced on September 17, 1998, which prohibited the same activities as were previously laid out in Bill 970817, but included the areas generally known as the "University City GREETING/INVOCATION area" and specifically the University of Pennsylvania. And so now we have a situation where skateboarding is prohibited on the public sidewalks abutting private property for the University of Pennsylvania, you cannot skate at the Municipal Services Building.
But now somehow, all of a sudden, we are creating hysteria in the skateboard by saying that we also would like you to not skate on public property and destroy it. Those are the actions by this body. We have done this before. There is not that much radical and new here. We are only trying to protect the public property of our city and make sure that we don't continue to spend unnecessarily capital dollars to fix property that was never intended for the type of use that people want to engage in. And so again I say, Madam President, I think we need to go forward. There is commitment all around the board to work with the skateboard community. I reaffirm my support to get necessary appropriate facilities in as short a period of time as possible. GREETING/INVOCATION Thank you, Madam President.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I would like to say that I think we have a great managing director. This has nothing to do with Joe Martz or with his efforts. He's a great managing director, he was great before, and he's an excellent managing director, and I applaud the Mayor's choice. Nor did we disagree with the fact that property has been destroyed from skateboarding. All we have merely said is that let's work out a way, let's find a way to work it out and take a few weeks over the summer to do that. All the talk about past legislation, all the -- even the return to the quality-of-life bill, which was one of most important battles I've had during my political career in the last administration, don't change the fact that let's give kids a chance. I stood by what I said for the quality-of-life bills because I believe in America GREETING/INVOCATION and I believe in its citizens and its children, who have rights to live and play wherever they want. Here, where we have property being destroyed, we have an opportunity to work it out so that everybody wins. Why fight our citizens when we don't have to. America's supposed to be the best country in the world. I believe it is. Give everybody a chance, let everybody have a right to the tree of life, have a right to enjoy their sports, have a right to enjoy every great thing that Center City and every other area has. That's all I've said. I'm proud of my record here, and I will stand by my stand on the quality of life, I have I always will. If you want to go back there, we can have that debate. I feel exactly now as I did then. And I still say that where we can work it out -- you fight when you have to. You don't fight because you have the authority, because we as elected officials have the right to have a hammer, we have a right to increase this. As the technical staff told me, short of $300 is in this bill, but now we amend this bill, and the diversion that my colleague has now put in gives GREETING/INVOCATION the police a right to take the skateboard. Please, that's ridiculous. Don't fight children, don't fight young people. If you have an opportunity to work it out, what is a few weeks? If we have over a $2 billion budget, do you really think so much property is going to be destroyed over the summer and the whole city will? Fall down. I don't think so. Let's just be fair. We can go back, you can point to how everybody voted when, and I can justify every vote I've made in this Council and tell anybody why I voted as I did on any legislation anywhere in the past. We can all do that. That is why we are here. All I'm saying is, let's give kids a chance. Having said that, I will now make a motion that we table this so that we can consider it in September. (Duly seconded.)
It has been moved and seconded that the bill be tabled.
If we could just have a very quick explanation from the Chair as to what an aye vote is and what a nay vote is with regard to the motion to table.
If you're voting aye, you're voting to table; if you're voting nay, you're voting not to table the bill.
And, naturally, Madam President, I would ask that my colleagues vote not to table the matter.
Aye. The ayes are 9, the nays are 7. The motion carries. GREETING/INVOCATION This concludes our calendar.
And before I recognize Councilwoman Tasco, I just want to wish all of my colleagues and all of the members of the media and all of our staff a very pleasant summer. I'm sure we'll be seeing a lot of each other. And at this time, I would like to recognize Councilwoman Tasco -- oh, I'm sorry. Are there any speeches on behalf of the Majority? (No speeches on behalf of the Majority.)
Are there any speeches on the part of the Minority? (No speeches on the part of the Minority.)
Madam President, I move that Council stand adjourned until Thursday, September 14, the year 2000. And wish my colleagues a great somewhere. GREETING/INVOCATION (Duly seconded.)
It has been properly moved and seconded that we stand adjourned until Thursday, September 14, 2000. All in favor will signify by saying aye. Those opposed? The ayes have it and Council is adjourned. (Adjourned at 1:45 p.m.) ~ C E R T I F I C A T E I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, June 20 2000, were reported fully and accurately by me, and that this is a correct transcript of same. RE: STATED MEETING __________________________________, JOSEPHINE CARDILLO, Registered Professional Reporter ~