COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, 9/21/2000 10:15 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 W. THACHER LONGSTRETH 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 GREETING/INVOCATION P R O C E E D I N G S
Good morning. I note that the hour has come and that a quorum of this Council is present. Council will come to order, Members will take their seats, visitors will retire to the seats outside the rail. To give our invocation this morning, the Chair welcomes the Reverend Vernon E. Simms, Sr., of the Morris Brown AME Church. He is here today as the guest of Councilman Longstreth members. Members and guests will please rise. (All rise.)
Let us pray. Father, we've come this morning thanking You for this opportunity to call on Your name. We call upon You to bless this City Council, beginning with the President of City Council. Give her the power to lead this City Council in the way that You would have them to go. We pray that You bless the entire City Councilmembers. Lead them as they concern themselves with the cares and concerns of every GREETING/INVOCATION resident of Philadelphia. Finally, we ask You to bless our mayor of this city. Empower him and give him strength that he might lead us. Help us, as citizens, not to just rely upon City Council and the mayor to do all of the work, and we sit by and do nothing. Help us to work together with the Mayor, with this City Council, that we might continue to make Philadelphia the place that You have meant for it to be; that we might work together in spite of race, creed, or color; that we might work together for the good of every citizen in the City of Philadelphia. In Your name, we pray, amen. All: Amen.
The Chair thanks the Reverend for his inspiring invocation. Council will stand at ease. (Council stands at ease.)
The next order of business is the approval of the Journal of the meeting of September 14, 2000. And the JOURNAL APPROVAL/LEAVES OF ABSENCE Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of September 14th stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, September 14, 2000 stand approved. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. The Journal of Thursday, September 14, 2000 is approved.
The next order of business is requests for leaves of absence and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning, there are no requests for leaves of absence on the part of the Majority. VISITOR RECOGNITION
The Chair thanks the Councilwoman. At this time, the Chair recognizes Councilman O'Neill.
Thank you, Madam President. At this time, there are no requests for leaves of absence on behalf of the Republicans.
At this time, the Chair will dispense with the regular order of business to recognize guests and visitors. On behalf of all members of City Council, I welcome to you 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 to you come again.
The next order of business is communications. The Chair requests that the sergeant-at-arms deliver the messages from the Mayor to the clerk. The clerk will please read the messages from the Mayor. VISITOR RECOGNITION
To the President and Members of the Council of the City of Philadelphia, I am transmitting herewith for the introduction and consideration of your honorable body a proposed ordinance authorizing the amendment of the Philadelphia Facilities Management Corporation Agreement to provide for a temporary change in the amount of temporary financing that the City may provide to the Philadelphia Gas Works, under certain terms and conditions; and authorizing the temporary advance of up to $45 million to the Philadelphia Gas Works, pursuant to that agreement, under certain terms and conditions. That's all I have.
The messages will be printed in the Journal. The clerk will read any other communications in her possession.
The next order of business is the introduction of bills and INTRODUCTION - BILLS, RESOLUTIONS resolutions, and the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. Madam President, I move that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of their introduction. (Duly seconded.)
It has been moved and seconded that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of their introduction. All those in favor will signify by saying aye. Those opposed, nay. The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer one resolution and one bill on my behalf and on Councilmember Krajewski's behalf.
Thank you. The clerk will please read the title of the resolution. INTRODUCTION - BILLS, RESOLUTIONS
A resolution declaring October 4, 2000 as "Leukemia and Lymphoma Awareness Day" and honoring the Leukemia Society for its splendid efforts with finding cures for leukemia, lymphoma, Hodgkins disease, and mycloma, and improving the quality of life for patients and their families.
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 motion is carried. The clerk will please read the title of the bill.
An ordinance amending Section 19-203 of the Philadelphia Code, entitled INTRODUCTION - BILLS, RESOLUTIONS "Payroll Deductions," by adding a new subsection permitting certain City employees to authorize additional payroll deductions 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 introduce one bill on your behalf.
Thank you. The clerk will please read the title of the bill.
An ordinance amending Section 2 of an ordinance, approved July 1, 1999, authorizing the striking from City Plan No. 17S and abandoning of a certain right-of-way for gas main purposes and public utility purposes within the lines of former Annin Street, extending for a 50 foot wide right-of-way, formerly 28th Street to 29th Street, under certain terms and conditions.
This bill will be referred to the appropriate committee. And the Chair recognizes Councilman INTRODUCTION - BILLS, RESOLUTIONS Cohen.
Madam President, I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Mariano.
Madam President, I have three resolutions, and one to be referred to committee.
The clerk will please read the title of the first resolution.
A resolution supporting the rights of Jessica Ramirez, a former employee of Loews Hotel, and her coworkers to organize and obtain collective bargaining rights through Local 274 of the hotel and restaurant employees union, and condemning the conduct of Loews Hotel in dismissing Jessica Ramirez.
The Chair INTRODUCTION - BILLS, RESOLUTIONS recognizes Councilman Mariano.
Council President, on this particular resolution, Councilman Ortiz wants to amend this resolution. So with your pleasure, I'd like to speak on it first, but first I would like him to do his amendment, if that's how we want to do it.
I'm having difficulty hearing, I'm sorry. We still have not cleared the kinks out of this system. Would you mind repeating it? I'm sorry.
Councilman Ortiz would like to do a friendly amendment to this resolution, and I would like him to do that, so if we could speak on it after he amends it.
Thank you, Madam President. On the third resolved by City Council of Philadelphia, it absolutely resolves that the City Council of Philadelphia is dismayed by the degrading treatment of the resident of the city by INTRODUCTION - BILLS, RESOLUTIONS the Loews Hotel. And be it further resolved -this is the amendment. Be it further resolved that Jessica Ramirez be immediately reinstated to her position and that the Loews management apologize to Miss Ramirez for the treatment that she was subjected to. That's an amendment to the resolution. (Duly seconded.)
So you're moving the adoption of the amendment. And it has been seconded. All those in favor will signify by saying aye. Those opposed? The ayes have it and the amendment has been adopted. And the Chair recognizes Councilman Mariano.
Thank you, Madam President. On the amended resolution, along the lines with Councilman Ortiz just spoke about, you know, there comes a time, and especially cities in the northeastern United States, and someday I hope INTRODUCTION - BILLS, RESOLUTIONS it would be the whole United States as a whole, if not the world, when people's right to organize is not jeopardized with and of intrusion. I mean, what happened in this situation at Loews Hotel, which is a hotel that, I think, Councilman DiCicco, we TIFed them, I'm pretty sure we TIFed Loews. So, you know, they go through everything. They build a hotel with building trade members, they do the good thing, we get it built, so we try to organize, 237 tries to organize. And then it's just the mindset of the management types that come to these hotels. I don't know where they come from -- I'm sure they're not Philadelphia people that treat other human beings like that, but maybe so. This is reminiscent of what went down at the Holiday Inn, when a former staffer of mine was beat unconscious and received, you know, a pretty good beating at the hands of just the wrong mindset. Two hundred years ago, these same people were beating up people in mines, you know, upstate Pennsylvania and West Virginia. Then later they were beating up people on picket lines INTRODUCTION - BILLS, RESOLUTIONS all over the country for being Teamsters, railroad workers. You know, this has been done over and over in the history of the United States. It's getting old now that we're getting into the new millennium. So I just hope that the Loews management just realizes that the Council of the City of Philadelphia -- I'm pretty sure everyone signed this resolution, I can't see why anyone wouldn't -- realizes that there is -
It has not been given to me, but I will sign it.
You'll sign it, I'm sure you will. I just can't see how they can't realize, and they must realize, that it's time to look around where they are, realize the benefits they get from building in a city the class of Philadelphia, but they got to realize, this will not be tolerated, this kind of behavior will not be tolerated by the union people, it will not be tolerated by elected officials, and it won't be tolerated by the citizens of the City Philadelphia. INTRODUCTION - BILLS, RESOLUTIONS And, Councilman Ortiz, I appreciate your friendly amendment to this, it's great. And I think she should be hired back immediately. So thank you very much. I move for the adoption.
Yes, I'm sorry. The Chair recognizes Councilman Ortiz.
Madam Chair, the Loews Hotel -- I wrote a letter to them last week on this issue as soon as I found out, and they wrote a response that really was very non-responsive. They wrote a letter back that really said nothing. And as details come out, it seems that they maintain that Miss Jessica Ramirez was fired because after she finished her tour of duty, she went back to the hotel for something, maybe for a cup of coffee, maybe to eat a sandwich. And it seems that employees of this chain cannot go back to the hotel that they work INTRODUCTION - BILLS, RESOLUTIONS with and enjoy the services that that hotel provides. Now, I don't know in what country we live in, but I know we're in Philadelphia. And that should not be tolerated, that type of rules and regulations should not be in place upon workers that cannot go back to the one of the hospital hotels that we build with taxpayers' money. And I think every hotel -- I would like to see -- because I think we have built hotels in the city, and each and every one of them -- and I would like to be told differently, but I will maintain that at this point in time, each and every one of them has an incredibly anti-union perspective and union attitude. And Miss Ramirez was not militant; she is just signing a union card, and I think that was the real reason for the firing. But even if you do that, even if you're go into the dismiss someone, you do not dismiss that person by degrading her, by insulting her, and by taking her out into the street and disrobing her. I think she not only should get INTRODUCTION - BILLS, RESOLUTIONS her job immediately back, but I think we should have a meeting with the leaders of the Loews Hotel and tell them that the TIFs that this City Council gives to each and every one of these hotels from now on may have -- may have some conditions to them, conditions that will prevent this type of action by the hotel management. I believe it was insulting, degrading, not only to Miss Ramirez but to the union movement and to the City of Philadelphia. And I would like them to offer an apology to her, to the City of Philadelphia, and rehire her back immediately. Thank you.
The Chair recognizes Councilman Longstreth. Councilman Longstreth, do you wish to be recognized?
I have a resolution which I'd like to introduce at this time.
We haven't gotten that far yet. Thank you. The Chair recognizes Councilwoman INTRODUCTION - BILLS, RESOLUTIONS Blackwell.
Thank you. It has been moved and properly seconded that the resolution, as amended, be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the resolution has been adopted. (Applause.)
The clerk will please read the title of the second resolution by Councilman Mariano.
A resolution honoring the participants in the 2000, a journey into our heritage parade, and recognizing the Concilio, approving the lives of the Latino community in Philadelphia.
I move for the adoption. INTRODUCTION - BILLS, RESOLUTIONS (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 third resolution.
A resolution directing the City Commissioners to place on the ballot at the primary election of 2001 the following referendum question: Do you favor the issuance of licenses to conduct small games of chance in the City of Philadelphia?
This resolution will be referred to the appropriate committee. The Chair recognizes Councilwoman Tasco.
Madam President, I offer one bill. INTRODUCTION - BILLS, RESOLUTIONS
The clerk will please read the title of the bill.
An ordinance recognizing an amendment of the Philadelphia Facilities Management Corporation Agreement to provide for a temporary change in the amount of temporary financing that the City may provide to the Philadelphia Gas Works, under certain terms and conditions; and authorizing a temporary advance of up to $45 million to the Philadelphia Gas Works, pursuant to that agreement, under certain terms and conditions.
This bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Miller.
The clerk will please read the title of the resolution.
A resolution authorizing the Commissioner of Public Property to the Redevelopment Authority of the City of Philadelphia without consideration a deed located INTRODUCTION - BILLS, RESOLUTIONS in the 11th, 12th, 17th, and 59th Wards of the City of Philadelphia.
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 Chair recognizes Councilman Nutter.
Thank you, Madam President. I offer one bill and one resolution.
The clerk will please read the title of the resolution.
A resolution authorizing requests to the Law Department to represent City Council in appeals from decisions of the Philadelphia Zoning Board of Adjustment, and if INTRODUCTION - BILLS, RESOLUTIONS the Law Department declines to render such services to City Council, authorizing the retention of outside counsel to render such services.
Thank you, Madam President. I move 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 bill.
An ordinance amending Section 2 of an ordinance (Bill No. 990368) approved July 1, 1999, authorizing the revision of lines and grades on a portion of City Plan No. 266 by striking from the City Plan and vacating INTRODUCTION - BILLS, RESOLUTIONS Jefferson Street from 50th Street to a dead-end turnaround northwesterly, all under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have one resolution co-introduced by Councilman Nutter and one resolution cosponsored by Councilman Cohen.
Thank you. The clerk will please read the title of the resolution.
A resolution authorizing the Committee on Transportation and Public Utilities to conduct comprehensive comparative INTRODUCTION - BILLS, RESOLUTIONS research into the state of the City's transportation and public utilities system and operations and hold hearings into the same.
The resolution will be referred to the appropriate committee. The clerk will please read the title of the bill.
An ordinance amending Chapter 16-400 of the Philadelphia Code, entitled "Vacant and Surplus Properties," by amending Section 16-404, entitled "The Vacant Property Review Committee," by adding a subsection on the Department of Commerce.
The bill will be referred to the appropriate committee. And the Chair recognizes Councilman Ortiz.
Thank you. The Chair recognizes Councilman DiCicco.
Thank you, Madam INTRODUCTION - BILLS, RESOLUTIONS President. I offer three bills.
The clerk will please read the title of the first bill.
An ordinance revising parking regulations on Ninth Street, both sides, both sides, from Bainbridge Street to Fitzwater Street.
The bill will be referred to the appropriate committee.
And an ordinance revising parking regulations on Fitzwater Street, both sides, from Tenth Street to Eleventh Street.
This bill will be referred to the appropriate committee.
An ordinance revising parking regulations on Fitzwater Street, both sides, from Eighth Street to Ninth Street.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill. Councilman O'Neill?
Thank you. INTRODUCTION - BILLS, RESOLUTIONS The Chair recognizes Councilman Clarke.
Thank you, Madam Chair. I have one bill and one resolution.
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 without consideration a deed located in the 16th, 20th, 37th, and 47th Wards of 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? INTRODUCTION - BILLS, RESOLUTIONS The ayes have it and the resolution has been adopted. The clerk will please read the title of the bill.
An ordinance amending Section 1 of an ordinance (Bill No. 374), approved August 11, 2000, authorizing the revision of lines and grades on a portion of City Plan No. 121 by striking from the City Plan and vacating a portion of Chang Street and placing a dead-end turnaround at the terminus of Chang Street, all under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Longstreth.
Madam President, I have one resolution to introduce, which is privileged.
Thank you. The clerk will please read the title of the resolution.
A resolution honoring Naomi Klein and the Lively Arts Group. INTRODUCTION - BILLS, RESOLUTIONS
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 next order of business is reports from committees, and the Chair -- oh, I'm sorry. The Chair recognizes Councilman Rizzo.
Madam President, no problem. I have no bills or resolutions today. Thank you.
The next order of business is reports from committee, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. The Committee of the Whole reports out one bill, Bill No. 000535.
To the President and Members of the Council of the City of Philadelphia, the Committee of the Whole Council, to which was referred Bill No. 000535, an ordinance authorizing the creation of a loan or loans to provide funds for and toward various capital municipal purposes, authorizing the Mayor, City Controller, and City Solicitor, or a majority of them, to sell bonds at public or private negotiated sale, setting forth for capital purposes in the amounts for which the proceeds of the loan or loans will be expended; providing for the maturities and for other terms and conditions and for the form of the bonds; providing that certain bonds may be redeemable prior to maturity; providing sinking funds for the bonds and for COMMITTEE REPORTS appropriations to the Sinking Fund Commission for payment thereof; authorizing agreements to provide credit or payment of liquidity sources for the bonds and certain other actions, respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading today of Bill No. 000535. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended in order to permit first reading of Bill No. 000535 at today's session. Those in favor, please indicate by saying aye. Those opposed? The ayes have it and Bill No. 000535 will be placed on today's first-reading calendar. The Chair recognizes Councilwoman COMMITTEE REPORTS Krajewski for a report from the Appropriations Committee.
Madam Chair, the Committee on Appropriations reports out one bill out with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the Committee on Appropriations, to which was referred Bill No. 000539, an ordinance authorizing transfers in appropriations for Fiscal Year 2001 within the Grants Revenue Fund from the Director of Finance - Provision for Other Grants to the Department of Licenses and Inspections, respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Madam Chair, I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 000539. COMMITTEE REPORTS (Duly seconded.)
It has been properly moved and seconded that the rules of Council be suspended in order to permit first reading of Bill No. 000539 on today's calendar. All those in favor will signify by saying aye. Those opposed, nay. The ayes have it, the motion carries, and Bill No. 000539 will be placed on today's first-reading calendar. Are there any other committee reports? (No response.)
Seeing none, the next order of business is the consideration of the calendar. The clerk will please read the bills on the first-reading calendar.
Bill No. 000535, an ordinance authorizing the creation of a loan or loans to provide funds for and toward various capital municipal purposes, authorizing the Mayor, City Controller, and City Solicitor, or a majority BILLS ON FIRST-READING CALENDAR of them, to sell bonds at a public or private negotiated sale, setting forth the capital purposes and the amounts for which the proceeds of the loan or loans will be expended; providing for the maturities and for others terms and conditions and for the form of the bonds; providing that certain bonds may be redeemable prior to maturity; providing sinking funds for the bonds and for appropriations to the Sinking Fund Commission for the payment thereof; authorizing agreements to provide credit for payment or liquidity sources for the bonds and certain other actions; providing for obtaining the consent of the electors to increasing the indebtedness of the City of Philadelphia, fixing a day for holding the election for obtaining such consent, and providing for the arrangements for holding such elections.
And Bill No.'s 000539, an ordinance authorizing transfers in appropriations for Fiscal Year 2001 within the Grants Revenue Fund from the Director of Finance Provision for Other Grants to the Department of SECOND READING - BILL 000088-A Licenses and Inspections.
The Chair agrees. The bills read by the clerk will be placed on the second-reading and final-passage calendar for our next session. This concludes the first-reading calendar.
The Chair now recognizes Councilwoman Blackwell for the purpose of calling bills on the second-reading and final-passage calendar.
Thank you, Madam President. Today, Bill No.'s 000147 and 000088-A are being called up for second reading and final passage. The other bills are being held.
I'm sorry, did you say that two bills were being considered?
Okay. The clerk will please read the title of Bill No. 000088-A. SECOND READING - BILL 000088-A
An ordinance amending Title 17 of the Philadelphia Code relating to the contracts and procurement by amending Chapter 17-500, entitled "Goals for the Participation of Minority, Female, and Disabled Owned Business and City Contracts," to extend the life of the Minority Business Enterprise Council, grant authority to MBEC to monitor participation of minority, female, and disabled owned business and socially and economically disadvantaged individuals in all City contracts, City agencies, and City quasi-public agencies, and to require regular reporting to City 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. CHIEF
Aye. The ayes are 17, 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 of Bill No. 000147.
An ordinance amending Title 10 of the Philadelphia Code relating to regulation of individual conduct and activity by amending Section 10-610, entitled "Skateboarding on Public Property," by prohibiting skateboarding SECOND READING - BILL 000088-A on all public property unless otherwise authorized, and by creating additional penalties, all under certain terms and conditions.
Thank you, Madam President. This is bill is the skateboard bill, as my colleagues know. I would like to thank everyone who came and those who sent staff members to a meeting yesterday on the subject. As you know, we've been concerned because the skateboarders have been willing to work with the City to find a place. I would like to thank my colleagues for expressing their willingness to even contribute funds toward this end and the Managing Director, who is talking about and working on a plan so that in next year's budget process, or when we start that in January, our budget deliberations, we can consider a skateboarding site. I am concerned about this legislation this morning because one of its main features is that it allows for confiscation of skateboard. SECOND READING - BILL 000147 One of my colleagues, Councilman Mariano, even expressed his concern about his 15-year-old son, for whom he had just bought a skateboard. I am concerned because this part of the bill could cause it to go from certainly a civil offense to a criminal one in that if a police officer tries to confiscate a skateboard and the child grabs it, a minor or a young adult skateboarding, that could end up in a criminal charge and have really dire consequences for young people and being arrested and getting records. I understand the concerns of my colleagues about the Love Park, and although I personally have other feelings about Love Park and always have, I accept the fact that the Managing Director says he cannot hold up forever in enforcing the law. I'm willing to accept that certainly in regards to skateboarding, but certainly feel that to expand that, to expand this bill, not to even just regulate the laws already on the books that lead to young people being locked up and fined, but to expand that to allow for all public and private places to allow for confiscation just goes too far when we have a SECOND READING - BILL 000147 great group of youth and the City administration willing to work to certainly form a skateboarding site, which could take about a year to happen. For those reasons, I would certainly be opposing this legislation. I think locking up young people, as we're doing now, is certainly enough. I think that confiscating their skateboard is overkill. And, again, I will be opposing this bill. And I certainly thank those of you for your support and your willingness to speak on this and hope that you will consider this as you vote for this bill. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Mariano.
Thank you, Madam President. Madam President, I too will be opposing this bill, along with Councilwoman Blackwell. And this has been a really tough one. I made a total about-face on Councilman Nutter, who, by the way, needs to be congratulated 'cause this bill is something on the surface has all the great SECOND READING - BILL 000147 intentions, and he waited long, he did his homework, as he usually does, and it should be a good bill, but the confiscation of a skateboard becomes a problem. I have a 15-year-old son, Vincent, who will be 16 in March. One of the things that I bonded with Vincent over the summer with is the skateboard, and this is a phenomenon, this is a cultural phenomenon. We can ban people from Love Park; they're still going to go to Love Park. When I asked-- I called Vince from that hearing yesterday, and I said, "Vince, when is the last time you skated at Love Park?" He said, "uh, uh. . ." Now, I know he's been skating at Love Park but, you know, he wants to give me the right answer. And he said, "Well, not in a while." So that's enough. I mean, I know -- I said, "Well, what about FDR Park? I know you been down there. You been up to Carmel in my Council district," 'cause I gave the group there $2000 in activity fund grant to set up the skateboard ramps. And, believe me, I could never do this; these skateboard ramps are incredible. This is the SECOND READING - BILL 000147 difference. And these young people here -- and, by the way, they are young people. There were some professionals involved there that are over 20, 21 years old, 24, but they're not the norm. The norm is the Vince Marianos, the 15-year-olds, that needs something to do. As weird as we think it is -- and we do think it's weird, frankly, because we can't do it. Councilman DiCicco could probably do it, but the rest of us probably couldn't, 'cause he's very agile. But what happens here is this phenomenon. They're going to go to Love Park strictly because it's Love Park. The only way we keep them out of Love Park, short of confiscating their skateboards, arresting 'em and making criminals out of 'em -- I mean, confiscating skateboards? We can't confiscate cars that we've had on the books for three, four years, five years. We totally knock down Love Park, then they'll stop going. If we build another Love Park somewhere, they'll go to this one. This is much like Councilman's generation going to Woodstock. That's what it is, SECOND READING - BILL 000147 they had to go. Everybody was there, everybody was there. (Laughter.)
Well, these people, they all want to be at Love Park. Now, Councilman, you may have been at Woodstock, you may have not, but you probably said you were somewhere along the line, or you knew somebody that went there. This Love Park is big. It's a cultural phenomena. We sat here months ago and argued because of a bill that passed, and everyone spoke about First-Amendment rights, and I hate to bring it up. I was right -- masks, they wore masks. Hopefully I'm not right about this one. Hopefully, they're not going to take skateboards off of some 15-year-old. And, believe me, it's not going to be Vince Mariano, 'cause he's definitely not going to be in Love Park; he'll be down FDR Park or up he'll be up Carmel, but it will be someone like -- it might be young, uh -Councilman Ortiz, it's not DiCicco, he's shaking head, he don't have any young kids. But Omar, it SECOND READING - BILL 000147 might be Omar, Councilman. I mean, Omar may be up there skateboarding, he may be the first or second Puerto Rican skateboard phenomenon coming out of Philadelphia, okay?
I didn't think so, I didn't think so either, but it happens. So what I'm saying here, and when I sum up, is, seriously, let's look inside our hearts and our brains. Sometimes we do these bills, and I been accused of doing this. We do these bills with the greatest intention. Can you imagine someone confiscating someone's skateboard? He goes back to the office, says, "That's my $150 skateboard, my father's going to kill me on the way home," and he gets into a problem with a policeman. Our police have other things to do except worrying about skateboards. Love Park was meant for the people. Well, maybe the people are changing. And I listened to Mr. Martz yesterday, the Managing Director, and he's got some problems out there. I SECOND READING - BILL 000147 mean, I don't think they're doing damage out there. What I think they're doing is, the wear and tear just speeds up the age of the process. Now, I think I understand why Love Park is this phenomenon, because of the marble and the way it's laid out. And we talked about great things yesterday -- bringing all of these corporations in, and you were there, Council President. Just reach inside your hearts and realize that this bill, with all the greatest intentions, I just can't see us confiscating somebody's skateboard. Confiscate their cars, you can even confiscate some other things, but don't confiscate their skateboards, for being kids. I mean, that's all. It's just youth and they're just trying to do the right thing. They're not at Fourth and Cambria buying drugs; they could be down there doing that. You know, wherever they're coming from, being in the city or not the city, they're trying to do the right thing and they're trying to stay out of trouble. As much as we can't see it, they're there doing the right thing in their mind. SECOND READING - BILL 000147 Thank you. (Applause.)
Thank you, Madam President. First let me say that I again appreciate the comments and concerns expressed by my colleagues. And I would like to note for the record a couple of items specifically on the issue of confiscation. First, in the bill, the bill says that "an additional penalty for violation of Section 10-610, subsection 1, shall be forfeiture of any skateboard used in violation of this section, unless it is proven to the court by a preponderance of the evidence that the does not own the skateboard and the owner did not our could not have reasonably known that the skateboard would be used in violation of this section." It further says that "whenever an officer has probable cause to believe the SECOND READING - BILL 000147 skateboard was used or is being used in violation of Section 9-601(1), the officer may seize the skateboard." And, finally, in the enforcement section, "Upon timely payment under this subsection, the Police Department shall make any skateboard seized under this section available for return to the offender, pursuant to the procedures established by the Police Department." Lastly, this particular provision was specifically requested by the Police Department to be amended into this particular bill when it was written. The Police Department -- and I think none of us have any particular interest in having people's skateboards or taking their skateboards. What we want is compliance with the law that you do not utilize certain public property for this particular use. If you don't use public property, you don't ever have to worry about anyone taking your skateboard or getting a fine or anything else. As with any other law, if you don't violate it, you never have to worry about the penalties. I would just like to add that to the record, Madam President. SECOND READING - BILL 000147 I appreciate all of the time and effort that has been put into this situation. Councilwoman Blackwell is certainly to be commended for raising this issue to a point where I believe that very soon, we will have a new and probably high-class recreation facility for skateboarders and others who would use such facilities. And whether there is one in a particular location or, as has been suggested by interested parties, there would be various elements around the city at our recreation centers that exist today. All of those efforts, I think, can and should be supported, and I would be pleased to participate in that process going further. But I would ask for support for the bill today. I think the time has come to take an action. Thank you, Madam President.
Councilman, would you once again over the issue of confiscation so that everybody clearly understands what that means.
Sure. In the enforcement section, it says SECOND READING - BILL 000147 that whenever a police officer has probable cause to believe a skateboard was used or is being used in violation of Section 9-601(1), the officer may seize the skateboard. The skateboard will be returned to the person if they pay the fine in a timely fashion. The fine is $25. In addition, if it is not proven that the person either owned the board or was using it with knowledge in violation of this section, the board will not be confiscated or would be returned immediately. Again, the Police Department is not necessarily interested in having a locker full of skateboards. What they want is people to not use public property if skateboarding is prohibited. And that would be only a final recourse to that. But, again, that was asked for by the Police Department, and I agree. Thank you, Madam President.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. SECOND READING - BILL 000147 Again, I reiterate that one of the main features of this bill is confiscation of skateboards, even by children, those owned by children. And another point that I wanted to mention is that we've talked in this Council about the individual's right to a sport of their choice. And in our city, we learned yesterday that we have the top ten skateboarders in the country, who live in Philadelphia and skateboard. In fact, two of them attended the meeting yesterday. And we have many people behind us, including one gentleman who wrote even the proposal for Franklin Square. We have another doctor and others who are willing to build a skateboard park. We have people here who've contacted Sony, we have correspondence from McDonald's and others who are willing certainly to fund such a venture. So we're really, really working hard to do the right thing, but to not only enforce the law already on the books but to add more punitive directives seems to me is just a little bit overkill, a little heavy-handed. SECOND READING - BILL 000147 And might I also say that the City is trying to get the X Games for the Olympics, as many of you know. And San Diego, they got $30 million for their city and also 8,000 hotel rooms are being rented. The Managing Director also said yesterday that he expected we would do at least as well, if not better, in terms of that. So there are a lot of positive benefits for the City if we decide that we want to have a positive attitude about skateboarders and if we decide that we want to be err on the positive side as opposed to the negative side of the issue. And, again, I think that enforcement of the current bill, where people are already locked up, is certainly enough, and fined is certainly enough. If we resume where we were when the bill was first introduced, you still will have people being pushed away from Love Park, you still will have certainly have the arrests that you have, but you don't have as much as an extra heavy-handed hit, one hand say we're going to enact more laws against skateboarding, but at the same time, we're trying to be one of the cities that vie for the X Game so that we can get some 30 to $50 million and SECOND READING - BILL 000147 8 to 10,000 rooms so that it benefits our city. So that is my concern, that we try to be reasonable. I'll always believe that we have a responsibility and can try to meet in the middle if we are sincere about this issue. I'm trying to do that and again would certainly ask my colleagues to consider this when voting for this bill. Thank you.
Councilwoman, I want to applaud you and Councilman Nutter for working so hard on this issue.