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Minutes

Stated Meeting, June 21, 2004

Philadelphia City CouncilJun 21, 2004

People mentioned

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

Organizations mentioned

Ms. Rafferty

Councilman Cohen.

Councilman Cohen

Aye.

Ms. Rafferty

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Ms. Rafferty

Councilman Goode.

Councilman Goode

Aye.

Ms. Rafferty

Councilman Kelly.

Councilman Kelly

Aye.

Ms. Rafferty

Councilman Kenney.

Councilman Kenney

Aye.

Ms. Rafferty

Councilwoman Krajewski.

Councilwoman Krajewski

Aye. stated - 6/21/04

Ms. Rafferty

Councilman Mariano.

Councilman Mariano

No.

Ms. Rafferty

Councilwoman Miller.

Councilwoman Miller

No.

Ms. Rafferty

Councilman Nutter.

Councilman Nutter

Aye.

Ms. Rafferty

Councilman O'Neill.

Councilman O'Neill

Aye.

Ms. Rafferty

Councilman Ramos.

Councilman Ramos

No.

Ms. Rafferty

Councilwoman Reynolds-Brown.

Councilwoman Reynolds-Brown

Aye.

Council President Verna

I'm sorry. We couldn't hear you, Councilwoman.

Councilwoman Reynolds-Brown

The answer is yes.

Ms. Rafferty

Councilman Rizzo.

Councilman Rizzo

Aye.

Ms. Rafferty

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Ms. Rafferty

Council President Verna.

Council President Verna

Aye. stated - 6/21/04

Ms. Rafferty

The no's are 5. The ayes are 12.

Council President Verna

The Resolution passes. The Chief Clerk will please read the title of the next bill to be called for consideration, Bill Number 040642.

Ms. Rafferty

An ordinance providing for the contingent exemption, abatement or credit of certain taxes within specific geographic areas, including by amending Bill Number 030242, all under certain terms and conditions.

Council President Verna

This bill having been read on two different days, the question now is, shall the bill pass finally. The Chair recognizes Councilman Cohen.

Councilman Cohen

Madam President, I would like to ask the sponsor of the bill whether he would accept as a friendly amendment an amendment to divide the two issues. stated - 6/21/04 I understand this bill covers both the question of the cause for Comcast and the cause for the Food Distribution Center. And since they represent two entirely different issues, it seems to me to be in the best interests of everyone to consider these issues separately. So I ask the sponsor of the bill, will you accept a friendly motion to divide the issues and vote on each separately?

Council President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Councilman Cohen, thank you for your request. The issue you referenced to me a little earlier about the cable access T.V. I would be more than willing to work with you on the issue. My concern about doing an amendment on this particular bill would obviously delay the bill and probably create a situation where we wouldn't have passed this before we go out on recess. stated - 6/21/04 The purpose for doing the bill at this particular time -

Council President Verna

Councilman Clarke, just a moment, please. Let's give our visitors a chance to leave because I'm having difficulty hearing you.

Councilman Clarke

As I was saying, the basis for doing this particular bill at this particular time in most Council member's minds at the last moment was to allow us to entertain a schedule that will correlate with the passage of legislation in Harrisburg. The concern was by the individuals involved in this particular transaction, that we would leave for our recess in the summer and not have an opportunity to adopt the legislation that was authorized by Harrisburg. It subsequently allows us to adopt it on a local level. If we amend the bill, we will not be able to address this until September at the earliest. And as a result of that, I could not at this point accept a friendly stated - 6/21/04 amendment, although as indicated earlier, I would be more than willing to work on this particular issue. Had you made this issue known to me earlier as a part of the discussion with the members of Comcast, I would have included that. But I'm more than willing to include that as we move ahead.

Councilman Cohen

Well, I think it's very likely, Councilman Clarke, that we're not going to have this as our last session today, unless you have word from the Mayor that he's going to accept our budget proposal. It's likely that there are going to be additional meetings. But apart from that, you have two different issues. You have Comcast, a very rich corporation by all apparent notices. It could offer $66,000,000,000, and it's asking for tax relief. On the other hand, you have the Food Distribution Center which is struggling, which was thinking of moving out of the stated - 6/21/04 City because it's so run down and there hasn't been the ability to provide enough investment. It seems to me there are two different issues. The Food Distribution Center, I think, is an enormous asset to Philadelphia. I think it out to be clearly supported, and I imagine it will have the unanimous support of everybody. On Comcast is troublesome, because I understand that there are huge vacancies in Philadelphia Downtown Center City real estate. And Comcast at 17th and Arch Street, it's an entirely different prospect than what we had in mind originally. I'd like to see that area debated. I don't know how Council will go on it, but it seems to me to be two different issues, and to group them together is not advisable. I would be willing to consider any technique that would hold this bill up so we determine whether there will be another stated - 6/21/04 meeting. I'm not trying to delay anything till September. Because I think the Food Distribution Center needs help immediately. But I'm very fearful that the action we take on Comcast is going to hurt the downtown real estate developments enormously, and that we're going to have a total glut of vacant property, and it's going to be hurting the City of Philadelphia rather than helping it. That's my motivation. It is true that if we ever did move on Comcast, I would certainly favor, as I always had, having the concept of public access. Because that's a very important issue that the people of Philadelphia are the only major City being denied by the cable channels access. I know Comcast says that it has been paying an annual fee for public access, and that it is prepared to pay the costs of capital expenditures. But unfortunately, ever since the stated - 6/21/04 early 1980s when we first passed the bill, the fees that are paid by Comcast for public access have just become absorbed by the General Fund. They're being diverted to other purposes. Not a single penny has been going to public access because apparently every Mayor likes to get money into the General Fund because once it gets into the General Fund mayors can decide what they do with the money. And for that reason I think there are two different issues, and I think we ought to debate them separately. And that's the reason I'd be willing to hold it. And if it turned out that you were right, and there was only one meeting, then I would accept your notion that we not delay until September but act on it. But since I'm sure there's going to be at least another meeting of Council, I believe that we ought to hold it. (Applause.) stated - 6/21/04

Councilman Cohen

And that's the reason for my request. If you cannot accept it, Councilman Clarke or feel you cannot, I would be prepared to present an amendment to that effect. But I think it would be in everybody's interest for us to try to conclude this issue amicably.

Councilman Clarke

Councilman, in response to your original question, would I allow a friendly amendment, it doesn't appear that this amendment is targeted at the cable access issue as you referenced me earlier. It appears it is an attempt by you to kill the bill. I don't consider that a friendly amendment. If you're so intent on introducing the amendment is to slow this legislation down, so you have an opportunity -

Councilman Cohen

Okay. Well, let's go. Let's go. I... I would respectfully disagree with Councilman Clarke. stated - 6/21/04

Councilman Clarke

Thank you.

Councilman Cohen

I would like to move to amend, and I have copies of the amendment here. I'd like to move to amend Bill Number 642 by deleting section one of Bill Number... Its full number is 040642, to delete Exhibit A to Bill Number 040642, and to renumber section two as section one, and renumber section three as section two. And the amendment is in the process of being distributed now. And the motion has been moved and seconded, Madam President.

Council President Verna

Councilman Clarke.

Councilman Clarke

Madam President, despite Councilman Cohen's feeling that I have a crystal ball as to what the Mayor is going to do on the particular bills that have been passed, subsequently requiring an additional session of Council, I'm not sure that I understand there will also be a special Council, not necessarily to take up any other business. stated - 6/21/04

Council President Verna

No. I think it's specifically to consider what, if any, action the mayor takes.

Councilman Clarke

Right. So, as a result of that, it is clear that if this particular legislation is amended, it will not be able to be heard until September.

Councilman Cohen

But Councilman Clarke, I'm prepared to sign a petition. It only needs five signatures to call a special meeting of City Council. And I'm sure you could get the rest of the signatures.

Councilman Clarke

Councilman, I think the rules have been changed to require seven signatures for a special meeting.

Councilman Cohen

Well, the President, I understand, has the authority on her own to call a special meeting. Only the Mayor does not have that authority.

Council President Verna

To what?

Councilman Cohen

To call special meetings of City Council. But you do, stated - 6/21/04 Madam President.

Council President Verna

I think the Mayor may have also, Councilman, but we won't debate that issue.

Councilman Cohen

No, we don't have to debate that.

Council President Verna

I think you have asked the sponsor of the bill to consider a friendly amendment. I don't believe that the sponsor of the bill concurred.

Councilman Cohen

I've following the same conclusion, Madam President.

Council President Verna

I beg your pardon?

Councilman Cohen

I said I'm coming to the same conclusions you are on that.

Council President Verna

I can't hear you. The Chair recognizes Councilman Clarke.

Councilman Goode

Point of order.

Council President Verna

Oh, I'm sorry. Councilman Goode. stated - 6/21/04

Councilman Goode

Thank you, Madam President. I believe that Councilman Cohen accepted that Councilman Clarke was not going to accept the amendment. I believe he then moved on the amendment, and I seconded it.

Council President Verna

Oh, I didn't hear that. The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Madam President, couldn't you readvertise the July 1st meeting to include this?

Council President Verna

We may not. We may not, in fact, have a July 1st.

Councilman Rizzo

But we could.

Council President Verna

Well, on this issue alone?

Councilman Rizzo

No. In the event we do.

Council President Verna

I beg your pardon?

Councilman Rizzo

In the event we stated - 6/21/04 do, you could, correct? That's all I'm asking.

Council President Verna

In the event we do, we could certainly consider this by readvertising. However, if, in fact, we do not have to come back on July 1st because the Mayor will hopefully sign the budget, are you suggesting that we come back just to consider this amendment or bill?

Councilman Rizzo

You answered my question, Madam President.

Council President Verna

Councilman Nutter.

Councilman Nutter

Madam President, I'm looking at these -- the proposed amendment. I am trying to understand the net effect of this amendment. It would appear that the amendment just literally seeks to separate out the Comcast proposal from the Food Distribution Center. And I guess, then, my question is, what happens to the Comcast proposal, based stated - 6/21/04 on this amendment?

Council President Verna

Councilman Cohen.

Councilman Cohen

I would have no objection to anybody introducing a bill now for the Comcast section.

Council President Verna

Councilman Cohen, I believe Councilman Nutter is asking a question. I don't know if you heard the question.

Councilman Cohen

I heard the question. I gave an answer.

Council President Verna

Well -

Councilman Cohen

My answer was that I'd be in favor of having someone who wishes to introduce the Comcast bill. I have no desire to avoid discussion of the Comcast bill or action on the bill. We often have bills introduced out of order. If anybody wants to introduce the Comcast bill today, that would be fine. I don't know how else to deal with it. The bill comes in, I think, in an improper manner, right at the end of a stated - 6/21/04 session. I don't know of any other way to separate the two issues except to separate them.

Councilman Nutter

Separating them would separate them.

Councilman Cohen

I'm willing to accommodate anybody's feeling as to how to get back on course.

Council President Verna

Councilman -- Councilman, I... Councilman Nutter, I think Councilman Cohen made a motion to amend the bill, and I believe it was seconded by Councilman Goode.

Councilman Nutter

Right. And I'm now asking a question.

Council President Verna

You're now asking the question about what happens...

Councilman Nutter

Right. COUNCIL PRESIDENT VERNA... to the Comcast portion of the bill.

Councilman Nutter

Right. I understand the Councilman's goal is to separate the issues, and the only way to separate the issues is to separate them. I stated - 6/21/04 got that part. (Laughter.)

Councilman Nutter

What I'm trying to understand is the part that is separated from the first part, what happens to the separated part from the first part as it relates to the second part? (Laughter.)

Councilman Cohen

I think that's simple enough. If anybody feels that the Comcast provision ought to move forward, I'm agreeable to having a bill introduced right now. There's no problem with it. We're going to be in session for quite a while this summer. I have no desire to delay a decision on Comcast.

Councilman Nutter

I understand that. I so desperately look forward to those opportunities. (Laughter.)

Councilman Nutter

I guess, Councilman, what I'm trying to understand, I'm not going to get into the timing issue. The bill came in whenever it came in. We stated - 6/21/04 had public hearings about it. I guess my concern at the moment -It's certainly not my bill, but the bill went through a normal public hearing process in an unusual, abnormal fashion. But now it arrives to us, and one part of it would literally under this amendment be taken out. And we have no answer, for the moment, as to what happens to it or where it goes. It is a live piece of legislation with two components, and of course another bill could be introduced today.

Councilman Cohen

We have it here in -

Councilman Nutter

During the course of the summer. There is -- I guess what I'm suggesting, Councilman, there are a significant number of unknowns and ifs as a part of this. And we can't always know the future. But I'm slightly concerned that we have a full public hearing process about these matters when we arrived here today stated - 6/21/04 for a vote, and then to separate one out with no other recourse for the moment as to what happens to it. There is no schedule. There is no plan. I am concerned about this. And I know you to be a responsible legislator. And I think if we weren't in June, as opposed to in February, there would obviously be more recourse for all of these matters. But I mean, we continue to, I think, want to be in the unknown territory portion. But there are no answers to these questions here at the moment. So I am deeply concerned about it. I guess this is what I would agree with you. And what is the issue here? I don't even know why I'm having this argument. It's not even my bill. You know what? I'm going to mind my business. I'm sorry. I take back everything I said earlier. I'm just going to sit in my seat and wait to see what happens.

Councilman Cohen

I don't stated - 6/21/04 understand either. (Laughter.)

Councilman Cohen

It seems to be simple.

Councilman Nutter

I just...

Councilman Cohen

I just think there ought to be separate decisions made. I think it's. Different the Comcast proposal's entirely different from the Food Distribution proposal.

Councilman Nutter

I mean, the last KOZ or KOIZ that we did, I think, had four or five other locations in with that. Most of them usually have multiple locations. I don't want to argue with you about this. I understand where you are vis-a-vis the one component. I just -- I am -- I have to say, I'm just reluctant to strip out half of a bill on the day of the vote, and have no idea where the other half is going. I mean, these are not...

Councilman Cohen

Well, what's the problem of your introducing a bill for stated - 6/21/04 Comcast?

Council President Verna

Councilman Nutter, I don't want to cut you off, but I think the Councilman did make a motion to adopt his amendments.

Councilman Nutter

Right.

Council President Verna

I believe it was seconded.

Councilman Nutter

It was. You're right.

Council President Verna

To amend. I'm sorry. To amend. And I believe that Councilman Goode seconded that.

Councilman Nutter

He did.

Council President Verna

So, with that, I think we ought to put that to consideration.

Councilman Nutter

You're right.

Council President Verna

And I would ask the Clerk to please call the roll.

Ms. Rafferty

Councilwoman Blackwell. stated - 6/21/04

Councilwoman Blackwell

No.

Ms. Rafferty

Councilman Clarke.

Councilman Clarke

No.

Ms. Rafferty

Councilman Cohen.

Councilman Cohen

Aye.

Ms. Rafferty

Councilman DiCicco. COUNCILMAN DiCICCO: No.

Ms. Rafferty

Councilman Goode.

Councilman Goode

Aye.

Ms. Rafferty

Councilman Kelly.

Councilman Kelly

No.

Ms. Rafferty

Councilman Kenney.

Councilman Kenney

No.

Ms. Rafferty

Councilwoman Krajewski.

Councilwoman Krajewski

No.

Ms. Rafferty

Councilman Mariano.

Councilman Mariano

No.

Ms. Rafferty

Councilwoman Miller.

Councilwoman Miller

No.

Ms. Rafferty

Councilman Nutter.

Councilman Nutter

No.

Ms. Rafferty

Councilman O'Neill.

Councilman O'Neill

No. stated - 6/21/04

Ms. Rafferty

Councilman Ramos.

Councilman Ramos

No.

Ms. Rafferty

Councilwoman Reynolds-Brown.

Councilwoman Reynolds-Brown

No.

Ms. Rafferty

Councilman Rizzo.

Councilman Rizzo

No.

Ms. Rafferty

Councilwoman Tasco.

Councilwoman Tasco

Oh, let me think.

Council President Verna

What was the vote? Councilwoman?

Councilwoman Tasco

No.

Ms. Rafferty

Council President Verna.

Council President Verna

No.

Ms. Rafferty

The nos are 15. The ayes are 2. The amendment or -(Applause.)

Council President Verna

The motion fails. We will now consider the bill. This bill having been read on two different days, the question now is, shall the bill stated - 6/21/04 pass finally. The Chief Clerk Will please call the roll.

Ms. Rafferty

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Ms. Rafferty

Councilman Clarke.

Councilman Clarke

Aye.

Ms. Rafferty

Councilman Cohen.

Councilman Cohen

Half a vote.

Council President Verna

Half a vote? Okay.

Ms. Rafferty

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Ms. Rafferty

Councilman Goode.

Councilman Goode

No.

Ms. Rafferty

Councilman Kelly.

Councilman Kelly

Aye.

Ms. Rafferty

Councilman Kenney.

Councilman Kenney

Aye.

Ms. Rafferty

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Ms. Rafferty

Councilman Mariano. stated - 6/21/04

Councilman Mariano

Aye.

Ms. Rafferty

Councilwoman Miller.

Councilwoman Miller

Aye.

Ms. Rafferty

Councilman Nutter.

Councilman Nutter

Aye.

Ms. Rafferty

Councilman O'Neill.

Councilman O'Neill

Aye.

Ms. Rafferty

Councilman Ramos.

Councilman Ramos

Aye.

Ms. Rafferty

Councilwoman Reynolds-Brown.

Councilwoman Reynolds-Brown

Aye.

Ms. Rafferty

Councilman Rizzo.

Councilman Rizzo

No.

Ms. Rafferty

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Ms. Rafferty

Council President Verna.

Council President Verna

Aye.

Ms. Rafferty

The nays are two. The ayes are 15. The Bill passes.

Council President Verna

How are you counting Councilman Cohen's half vote?

Ms. Rafferty

Getting the whole stated - 6/21/04 thing.

Council President Verna

Is you is or is you ain't with us?

Councilman Cohen

No.

Council President Verna

No? Very well. Thank you. The Clerk will please read the title of the next Bill 040501.

Ms. Rafferty

An ordinance authorizing the Mayor on behalf of the City to file application with the United States Department of Housing and Urban Development for Community Development Block Grant, all under certain terms and conditions.

Council President Verna

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

Ms. Rafferty

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Ms. Rafferty

Councilman Clarke.

Councilman Clarke

(No response.)

Ms. Rafferty

Councilman Cohen. stated - 6/21/04

Councilman Cohen

Aye.

Ms. Rafferty

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Ms. Rafferty

Councilman Goode.

Councilman Goode

Aye.

Ms. Rafferty

Councilman Kelly.