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Minutes

Stated Meeting, December 6, 2012

Philadelphia City CouncilDec 6, 2012

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. Kemp

My name is Carrie Kemp. I'm the judge relation in the 11th Ward, 6th Division. I have a concern about RCO. I was here yesterday. To my surprise, I saw so many people testifying about something that's going on right next door to my house. I don't know if you're familiar with Patch Adams or not, but I found out -- he came in the neighborhood painting a beautiful picture about some building that was going to be right next door to where I live, and he never told us that there was a compost plant that was going to be incorporated with that. All the neighbors, we are surrounded by a small area, and it's an urban area and we don't need that compost plant there. I don't know the bill or what. I was surprised when I came down yesterday and heard the picture. The neighbors don't want it. We don't need that right in the area where we live. It gives off an odor, and we had a sample of that. They tore a house down in the neighborhood. They dumped compost there. We sat out on the porch on a Sunday afternoon. When the wind would blow, we would get an odor, and we wondered what it was. We found out it was coming from the compost plant. We live in a small area. We do not need that. Maybe out in a rural area it's okay, but before you pass a bill with Patch Adams -- remember that, Patch Adams - we don't want it. The neighbors -- they have secret meetings. I didn't even know they were here 12/6/12 - STATED - 2ND READING yesterday when I came. Everybody painted a beautiful picture. And the neighbors were surprised when I went back. They told me to come represent them and make sure that that plant don't go in our neighborhood. Thank you.

Council President Clarke

Thank you so much for your testimony. This concludes our public comment. I want to thank you all very much. We will now consider the resolutions and bills on the Final Passage Calendar. Mr. Decker, could you please read the title of No. 120963.

Chief Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with 12/6/12 - STATED - 2ND READING the buildings and improvements thereon, situate in the Sixth and Forty-Fourth Ward of the City of Philadelphia.

Council President Clarke

The Chair recognizes Councilwoman Blackwell for a motion.

Councilwoman Blackwell

Thank you, Mr. President. I move for the adoption. (Duly seconded.)

Council President Clarke

It has been moved and properly seconded. All those in favor? (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it. The resolution is adopted. The Chair recognizes Councilman Greenlee -- I'm sorry. Mr. Decker, please read the title of 120964.

Chief Clerk

A resolution approving the redevelopment contract of 12/6/12 - STATED - 2ND READING the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the Cecil B. Moore Avenue Urban Renewal Area, identified by house number and street address as 1504 North Carlisle Street.

Council President Clarke

The Chair now recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Mr. President. I move the adoption of the resolution. (Duly seconded.)

Council President Clarke

Moved and properly seconded. All those in favor? (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it. Resolution 120964 is adopted. Mr. Decker, please read the title of 120965. 12/6/12 - STATED - 2ND READING

Chief Clerk

A resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the New Kensington-Fishtown Urban Renewal Area, identified by house number and street address as 1228 through 1230 East Oxford Street.

Council President Clarke

The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Mr. President. I move the adoption of the resolution. (Duly seconded.)

Council President Clarke

It's been moved and properly seconded. All those in favor? (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it. Resolution 120965 is 12/6/12 - STATED - 2ND READING adopted. Mr. Decker, 120966.

Chief Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Thirty-Second Ward of the City of Philadelphia.

Council President Clarke

The Chair again recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Mr. President. I move the adoption of the resolution. (Duly seconded.)

Council President Clarke

Moved and properly seconded. All those in favor? (Aye.)

Council President Clarke

12/6/12 - STATED - 2ND READING Those opposed? (No response.)

Council President Clarke

The ayes have it. 120966 is approved. Mr. Decker, 120967.

Chief Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Eighteenth and Nineteenth Wards of the City of Philadelphia.

Council President Clarke

The Chair recognizes Councilwoman Sanchez.

Councilwoman Sanchez

Thank you. I move for the adoption. (Duly seconded.)

Council President Clarke

Been moved and properly seconded. All those in favor? (Aye.) 12/6/12 - STATED - 2ND READING

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it. Resolution 120967 is adopted. Mr. Decker, 120982.

Chief Clerk

A resolution approving the redevelopment contract of the Philadelphia Redevelopment Authority for the redevelopment and urban renewal of a portion of the New Kensington-Fishtown Urban Renewal Area, identified by house number and street address as 2200 East Cumberland Street.

Council President Clarke

The Chair recognizes Councilman Squilla.

Councilman Squilla

Thank you, Mr. President. I move for the adoption of the resolution. (Duly seconded.)

Council President Clarke

Been moved and properly seconded. All those in favor? 12/6/12 - STATED - 2ND READING (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it. 120982 is adopted. Mr. Decker, please read the title of 120656-A.

Chief Clerk

An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by revising lot area and parking requirements in certain districts.

Council President Clarke

This bill having been read on two separate days, the question is shall the bill pass finally. Mr. Decker, please call the roll.

Chief Clerk

Councilwoman Bass.

Councilwoman Bass

Aye.

Chief Clerk

Councilwoman Blackwell. 12/6/12 - STATED - 2ND READING

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Henon.

Councilman Henon

Aye.

Chief Clerk

Councilman Johnson.

Councilman Johnson

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilman O'Brien.

Councilman O'Brien

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye. 12/6/12 - STATED - 2ND READING

Chief Clerk

Councilman Oh.

Chief Clerk

Councilwoman Quinones-Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Squilla.

Councilman Squilla

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Clarke.

Council President Clarke

Aye. The ayes are 17; the nays are zero. A majority of all members present having voted in the affirmative, the bill passes. Mr. Decker, 120618-A.

Chief Clerk

An ordinance approving a new plan, estimated costs and 12/6/12 - STATED - 2ND READING proposed method of assessment of the Manayunk Special Services District for and concerning business improvements and administrative services to the Manayunk business district of the City of Philadelphia.

Council President Clarke

This bill having been read on two different days, the question is shall the bill pass finally. Mr. Decker, call the roll.

Chief Clerk

Councilwoman Bass.

Councilwoman Bass

Aye.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye. 12/6/12 - STATED - 2ND READING

Chief Clerk

Councilman Henon.

Councilman Henon

Aye.

Chief Clerk

Councilman Johnson.

Councilman Johnson

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilman O'Brien.

Councilman O'Brien

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Oh.

Chief Clerk

Councilwoman Quinones-Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. 12/6/12 - STATED - 2ND READING

Chief Clerk

Councilman Squilla.

Councilman Squilla

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Clarke.

Council President Clarke

Aye. The ayes are 17; the nays are zero. A majority of all members present having voted in the affirmative, the bill passes. Mr. Decker, please read the title of 120534.

Chief Clerk

An ordinance amending Title 10 of The Philadelphia Code, entitled "Regulation of Individual Conduct and Activity," to prohibit certain activities that damage, deface, or risk damage to, public artwork or memorials, and to provide for penalties for violations of such prohibitions.

Council President Clarke

The 12/6/12 - STATED - 2ND READING Chair recognizes Councilwoman Blackwell first and then Councilman Oh for the amendment. Councilwoman, you want to wait until after the Councilman introduces the amendment?

Councilwoman Blackwell

Be happy to.

Council President Clarke

Councilman Oh.

Councilman Oh

Thank you very much, Mr. President. I offer an amendment to Bill No. 120534. A copy of the amendment has been circulated to all members of Council. I move for the adoption of the amendment. (Duly seconded.)

Council President Clarke

Before we take a vote, the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you. Mr. President and members of Council, this is the same bill we considered before. This is a bill that 12/6/12 - STATED - 2ND READING would lock people up for skateboarding. It's the same bill. So now instead of it being $2,000, it will be $1,000. This is the same bill brought out from being tabled, the same issues. I hope that my colleagues -unless the sponsor is willing to table it again, I hope that my colleagues would realize that we don't lock children up, we don't lock parents up, and that the intent of skateboarders is certainly not to disrespect our city in any way and that we should not take a certain area of the City and decide that if young people or other people buy skateboards, their intention, as was said when this bill was discussed before, was not to offend anybody and that we should not fine people for an offense a thousand dollars and put them in jail. It's unconscionable. It's just unbelievable, and it is not the business of this Council to try to lock up its citizens for skateboarding. 12/6/12 - STATED - 2ND READING So I am totally asking everyone to not support this, unless the sponsor is willing to hold it, because it sends the wrong kind of message for people who visit our city, the wrong kind of message for people who skateboard here. It sends the wrong kind of message this time in the year where even parents purchase skateboards for their youngsters. I hope we would reconsider this legislation. I'm asking the sponsor to hold it, and I hope that he'll do that. If he is not willing to do that, then I'm asking for my colleagues to vote no. Thank you, Mr. President.

Council President Clarke

You're welcome. The Chair recognizes Councilman Oh.

Councilman Oh

Thank you, Mr. President. I appreciate the sincere concerns of Councilwoman Blackwell and her eloquent statements, which I do believe and respect. In this situation I 12/6/12 - STATED - 2ND READING have very carefully gone through the amendment. I have tabled it at her request and the request of Councilman Bill Green the last time. In the interim I have met with about ten representatives of the skateboard community and have heard their issues and have amended, I think, very significantly this bill so that it is quite different from the one that was originally introduced. I think it is very important that while young people ride on skateboards as they do in cars and bicycles and other things, that this is clearly understood not to be a bill against people who skateboard. It is a bill specifically, and has been very clearly defined in this bill, that it is not a violation to ride a skateboard or to play on a skateboard. It has been made very clear that if you intentionally crash your skateboard, bicycle or roller blade into a public artwork or into a memorial, that that is a violation. The 12/6/12 - STATED - 2ND READING violation is a $75 fine, which if you pay it, there's no problem. However, if you intentionally do that and are caught, there is a $1,000 fine for doing intentional defacing of memorials and artwork. And if you are caught and if you are fined such, on the third occasion that you do that, a judge has the opportunity, but the judge will decide whether or not you may be imprisoned up to 30 days. When someone does intentional vandalism such as painting a swastika on a synagogue, that in addition to being a civil fine is also a criminal violation. There is no criminal violation for riding your skateboard and crashing into memorials or public artwork. This civil penalty is there because the community that I am very much in touch with, as is Councilwoman Blackwell, which are veterans and police officers, firefighters and artists, have spoken to me and others about the fact that they're 12/6/12 - STATED - 2ND READING very frustrated with those persons who, riding skateboards and other things, damage and continue to damage public artwork and memorials. So with that, while I do understand and I have tabled this, I would ask the Councilwoman to consider that I've gone very carefully through this. I think we've written a completely revised and better bill that I have checked with, and the committee that I met with of skateboarders, they do like these changes, and so I would ask that we move forward on it, but I would seek her support on this.

Council President Clarke

Councilwoman.

Councilwoman Blackwell

Thank you. Mr. President, certainly nobody respects discrimination of the type that he just mentioned. Certainly the skateboarders have not told me nor has anyone from his office that this issue has been resolved. We spoke out 12/6/12 - STATED - 2ND READING vociferously against it. We do not believe that it should be the focus of this Council to come up with ways to lock people up when they are skateboarding. We still do not believe that it is the goal of skateboarders to certainly disrespect public art in any way. We do still believe that the punishment should certainly match the infraction, and locking people up is certainly not the way to do it. Again, I'm hopeful that my colleagues will consider that, and certainly we're asking that they vote no on this legislation. Thank you, Mr. President.

Councilman O'Neill

Mr. President, I just have one --

Council President Clarke

Councilman O'Neill.

Councilman O'Neill

Councilwoman Blackwell, are you asking us to vote against the amendment today? Because it won't be on Final Passage 12/6/12 - STATED - 2ND READING until next week, I believe.

Councilwoman Blackwell

I hope that -- I'm saying that we should vote no and that we should -

Councilman O'Neill

On the amendment?

Councilwoman Blackwell

I'm asking everyone to vote no on the resolution, yes, Councilman.

Councilman O'Neill

Thank you.

Councilwoman Blackwell

Thank you.

Council President Clarke

On the amendment? I just want clarity.

Councilwoman Blackwell

Yes, on the amendment.

Council President Clarke

On the amendment, all right.

Councilwoman Blackwell

I'm asking that we vote no on the amendment.

Council President Clarke

All right. The Chair recognizes Councilwoman Sanchez.

Councilwoman Sanchez

Thank 12/6/12 - STATED - 2ND READING you, Mr. President. One of the things as a member of the Streets and Services Committee and a mother of a long-boarder discovered recently in a Streets Committee hearing is that we really don't have regulations around skateboarding in the City of Philadelphia. And so I'm going to respectfully ask that Councilwoman Blackwell and Councilman Oh work towards that. Because we're very quick to tell people what they can't do, but we're not as quick to tell people what they can do. And so that maybe some of the concerns that Councilwoman Blackwell has could be addressed as we look at promoting some of these new forms in the City, that we build regulations around encouraging the usage of skateboarding in our new bike lines and so forth and so on. So just kind of trying to help for the purposes of this discussion and this issue, we can help shape this in a better format, in a positive format 12/6/12 - STATED - 2ND READING around where we want to encourage skateboarding throughout the City. Thank you.

Council President Clarke

Thank you, Councilwoman. The Chair recognizes Councilman Oh.

Councilman Oh

Thank you, Mr. President. I certainly think that's a great suggestion. I'm certainly willing to do that, to work with Councilwoman Blackwell and the Streets Department to establish skateboarding regulations. However, concerning this issue of defacing and damaging memorials and public artwork, this is offered up as an amendment, and I would ask that this amendment move forward.

Councilwoman Blackwell

Mr. President, I'm happy to work in the spirit in which Councilwoman Quinones-Sanchez mentioned. I'm happy to work with some positive rules with regard to skateboarding. And, again, since my 12/6/12 - STATED - 2ND READING colleague doesn't want to hold this, I'm asking the others, everyone else on this Council, to vote no on this amendment.

Council President Clarke

Okay. Anyone else? (No response.)

Council President Clarke

As the presiding officer, I'm trying not to interject myself or influence the debate, but I just want a little clarity. If the amendment does not pass, the bill will still be on the Calendar unamended. So it's not as if the bill will go down.

Councilman Kenney

Mr. President?

Council President Clarke

Sure. Councilman Kenney.

Councilman Kenney

Thank you, Mr. President. While I understand Councilwoman Blackwell's position on this, as she has made it expressly clear over the course of 20 years where she stands on these issues, and I've been on 12/6/12 - STATED - 2ND READING Councilman Oh's side of the argument before, the amendment is to reduce the fines and reduce the penalties?

Council President Clarke

Correct.

Councilman Kenney

So even if we decide to vote against it on Final Passage, voting for the amendments is an effort to reduce the penalties at this point.

Council President Clarke

Correct.

Councilman Kenney

And if we don't pass the amendment, the penalties stay at 2,000 and a higher amount of time in jail?

Council President Clarke

That is correct.

Councilman Kenney

Thank you.

Councilwoman Blackwell

Mr. President?

Council President Clarke

Councilwoman.

Councilwoman Blackwell

That 12/6/12 - STATED - 2ND READING is true. Given that, I'm happy then to -- the amendment is better than the bill. So given that, then I will withdraw my request to vote against the amendment and hope that next week my colleagues will vote against the bill.

Council President Clarke

We'll fight the fight next week.

Councilwoman Blackwell

Thank you. Right. All right. Thank you.

Council President Clarke

All right. Thank you. Thank you, Councilman. For those visitors and guests, you see how your government works. It's truly a democracy. Councilman, you made a motion.

Councilman Oh

Yes. And I would like to thank Councilwoman Blackwell. I will be in touch with you. I will work through this with you, and at the end, I believe that we would all like to come to a place where there's good laws, good government that satisfy all 12/6/12 - STATED - 2ND READING these issues. So I would ask that the motion carry forward.

Council President Clarke

Motion on the amendment.

Council President Clarke

The motion on the amendment, it's been moved and properly seconded. All those in favor of the amendment to 120534 say aye. (Aye.)

Council President Clarke

Those opposed? (No response.)

Council President Clarke

The ayes have it. 120534 is amended and will be on the Final Passage Calendar next week on the 13th. Thank you. Mr. Decker, can you please read the title of 120617.

Chief Clerk

An ordinance adopting an amendment to the Articles of Incorporation of the Manayunk Special 12/6/12 - STATED - 2ND READING Services District of Philadelphia to extend the term of that Authority.

Council President Clarke

This bill having been read on two separate days, the question is shall the bill pass finally. Mr. Decker, please call the roll.

Chief Clerk

Councilwoman Bass.

Councilwoman Bass

Aye.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Henon.

Councilman Henon

Aye.

Chief Clerk

Councilman 12/6/12 - STATED - 2ND READING Johnson.

Councilman Johnson

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilman O'Brien.

Councilman O'Brien

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Oh.

Chief Clerk

Councilwoman Quinones-Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Squilla.

Councilman Squilla

Aye. 12/6/12 - STATED - 2ND READING

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Clarke.

Council President Clarke

Aye. The ayes are 17; the nays are zero. A majority of all members present having voted in the affirmative, the bill passes. Mr. Decker, please read the title of 120430.

Chief Clerk

An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by providing for revised sign controls and making technical changes.

Council President Clarke

Thank you. The Chair recognizes Councilman Jones.

Councilman Jones

Thank you, Mr. President. I offer a less controversial amendment to Bill No. 12/6/12 - STATED - 2ND READING 120430. A copy of the amendment has been circulated to all members. I move for its adoption. (Duly seconded.)