civus
Minutes

Stated Meeting, December 18, 2003

Philadelphia City CouncilDec 18, 2003

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

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, December 18, 2003 10:30 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANGEL L. ORTIZ COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670

Council President Verna

Good morning, everyone. I note that the hour that has come and in an a quorum of this Council present. Councilmembers will please take their seats. To give our invocation this morning, the Chair welcomes the Reverend Thomas Niblack, Pastor of the Gethsemane Baptist Church. He is here today as the guest of Council President Verna. All members of guests will please rise.

Reverend Niblack

Shall we bow in prayer. Our Father and our God, we do thank you for, again, allowing us to be here today. We pray for wisdom and guidance and understanding most of all, Lord. You said in all our ways acknowledge you and you will direct our paths. We pray, oh, God, that you would direct the pathway of Council today. Bless each one as we open this Council session. In Jesus' name we pray. Amen.

Council President Verna

The Chair Niblack for his very inspiring invocation. Council will be at ease. (Council at ease.)

Council President Verna

The next order of business is the approval of the Journal of the meeting of Thursday, December 11, 2003. And the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move that the Journal of the meeting of Thursday, December 11, 2003, stand approved.

Council President Verna

Do I hear a second? (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Journal of the meeting of Thursday, December 11, 2003, stand approved. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The motion carries. And the Journal of the meeting of Thursday, December 11, 2003, is approved. The next order of business is requests for leaves of absence. And again, the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. Today a leave of absence is requested for Councilman Mariano.

Council President Verna

The Chair thanks the Councilwoman, and leave will be granted. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, on behalf of the Republicans, there are no requests for leaves of absence.

Council President Verna

The Chair thanks the gentleman.

Council President Verna

The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all Members of City Council, I welcome you to our 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. I know that we are really quite crowded in here. I would just like to make a few guidelines. We respect you and we appreciate your attendance. And in return, we expect respect. We don't want any shouting. We do not want anybody crisscrossing shouting each other or having anything to say to the Councilmembers. If that is done, you will be escorted out of the room. So they will be the guidelines for today. Thank you all very much. The next order of business is communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Clerk. THE

Chief Clerk

To President and Members of the Council of the City of Philadelphia, I am pleased to advise you that on December 18, 2003, I signed all the bills that were passed by Council on December 4, 2003 except 030562, 030686, and 030714. And I am herewith returning to you as disapproved Bill No. 030714, which shifts primary responsibility for the repair of sidewalks from the adjacent property owner to the City. And I am also returning Bill No. 030562, which would establish local campaign contribution limits for candidates for Mayor or City Council. And I am returning to you as disapproved Bill No. 030686, which would amend Title 14 of the Philadelphia Code, entitled "Zoning and Planning." And I am transmitting for the consideration of your honorable a draft of a resolution entitled, a resolution approving the authorization for the Philadelphia Redevelopment Authority to use NTI bond proceeds to acquire certain properties, under certain terms and conditions.

Council President Verna

The messages will be printed in the Journal. The Chief Clerk will please read any other communications in her possession. THE

Chief Clerk

That's all I have, Madam President.

Council President Verna

Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell for a motion.

Councilwoman Blackwell

Thank you, Madam President. I move that the Rules of Council be suspended so as to permit the immediate consideration of resolutions at their time of introduction. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. I have no bills or resolutions today.

Council President Verna

The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. Today, I introduce one resolution.

Council President Verna

The Clerk will please read the title of the resolution. THE

Chief Clerk

A resolution recognizing the week of December 29, 2003 through January 3, 2004 as Haitian Independence Week to celebrate Haiti's 2,000 anniversary as an independent nation.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

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

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Chair recognizes Councilman Cohen. Apparently, he's not in the room. The Chair recognizes Councilwoman Krajewski.

Councilwoman Krajewski

Madam President, I have no bills or resolutions.

Council President Verna

The Chair thanks the Councilwoman. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Madam President, I have no bills or resolutions today.

Council President Verna

The Chair recognizes Councilwoman Miller.

Councilwoman Miller

Thank you, Madam President. I have no bills or resolutions today.

Council President Verna

Thank you. The Chair recognizes Councilman Nutter. (No response.) The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. I have no bills or resolutions this morning.

Council President Verna

The Chair thanks the Councilwoman. The Chair recognizes Councilman Goode.

Councilman Goode

Thank you, Madam President. I have no bills or resolutions.

Council President Verna

Thank you. The Chair recognizes Councilman Ortiz.

Councilman Ortiz

Madam President, on behalf of Councilman Cohen and myself, I have one resolution.

Council President Verna

Thank you. The Clerk will please read the title of the resolution. THE

Chief Clerk

A resolution recognizing the central role of Nora Castaneda, President of the Woman's Development Bank of Venezuela in guaranteeing the rights of women and the poor in Venezuela as a model for caring economy for Philadelphia and beyond.

Council President Verna

The Chair recognizes Councilman Ortiz.

Councilman Ortiz

I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Chair recognizes Councilman DiCicco.

Councilman Dicicco

Thank you, Madam President. I offer two resolutions.

Council President Verna

The Clerk will please read the title of the first resolution. THE

Chief Clerk

A resolution authorizing the Philadelphia Redevelopment Authority to use NTI bond proceeds to acquire certain properties, under certain terms and conditions.

Council President Verna

The Chair recognizes Councilman DiCicco.

Councilman Dicicco

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

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the resolution has been adopted. The Clerk will please read the title of the second resolution. THE

Chief Clerk

A resolution also naming the 1100 block of Filbert Street as Harry Ox Way in honor of a long-time Reading Terminal Market merchant Harry G. Ox, Jr.

Council President Verna

The Chair again recognizes Councilman DiCicco.

Councilman Dicicco

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

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, I have no bills or resolutions.

Council President Verna

The Chair thanks the gentleman. The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. I have two resolutions.

Council President Verna

The Clerk will please read the title of the first resolution. THE

Chief Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 18th, 20th, 37th and 43rd Wards of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

Move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the resolution has been adopted. The Clerk will please read the title of the second resolution. THE

Chief Clerk

A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Model Cities Renewal Area.

Council President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

Move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Rizzo.

Councilman Rizzo

No bills or resolutions, Madam President.

Council President Verna

Thank you. The Chair recognizes Councilman Cohen. Councilman Cohen, do you have any bills or resolutions?

Councilman Cohen

No bills today.

Council President Verna

Thank you. Is Councilman Nutter in the room?

Councilman Nutter

Thank you, Madam President. I apologize. I have three resolutions, the first of which if I could ask if the Chief Clerk would read the full resolution.

Council President Verna

Thank you. The Clerk will please read the first resolution in full, please. THE

Chief Clerk

A resolution commending Mr. Bernard Gay for his services as President of the Greater Philadelphia Hotel Association and for his leadership in the hospitality community.

Councilman Nutter

Not that one. THE

Chief Clerk

Sorry. A resolution authorizing the Committee on Commerce and Economic Development to hold hearings to investigate the proposed closure of the Medical College of Pennsylvania by Tenet Healthcare Corporation and the devastating impact that such a closure would have on the patients and employees of MCP, the East Falls community, and the City of Philadelphia, and further authorizing the Committee in furtherance of such investigation to issue subpoenas as may be necessary to compel the attendance of witnesses and the production of documents to the full extent authorized under Section 2-401 of the Home Rule Charter; and Whereas, the Medical College of Pennsylvania is 153-year-old hospital located within the East Falls community and is the eighth largest general hospital in the City with 365 staff beds and provides general psychiatric services and is used by Drexel University to teach medical students; Whereas, MCP has approximately 1,000 employees and slightly more than 500 active physicians; and Whereas, in 1998, MCP was acquired by Tenet Healthcare Corporation, a for-profit company in an effort to rescue the failed and bankrupt Allegheny Health Systems; and Whereas, the City and State provided Tenet with various tax breaks and financial incentives to help with the purchase of MCP and other bankrupt hospitals within the Allegheny Health System; and Whereas, as part of the purchase of these healthcare institutions, Tenet signed agreements regarding the provision of healthcare and community investments; and Whereas, one of the fundamental principles contained in the Hippocratic oath, as to disease, make a habit two things, to help or to at least do no harm; and Whereas, Tenet has violated this fundamental commitment and has hypocritically turned its back on providing essential healthcare services to the citizens of the City; and Whereas, the Committee on Commerce and Economic Development must investigate the decision by Tenet to close MCP, analyze the managerial operations of Tenet, and evaluate the financial soundness of MCP, along with the economic and employment impact of this devastating decision on the City of Philadelphia. Now, therefore, resolved by the Council of the City of Philadelphia that the Committee on Commerce and Economic Development is authorized to hold hearings to investigate the proposed closure of the Medical College of Pennsylvania by Tenet Healthcare Corporation and the devastating impact that such a closure would have on the patients and employees of MCP, the East Falls community, and the City of Philadelphia. Further resolved that the Committee on Commerce and Economic Development is authorized to issue subpoenas as may be necessary to compel the attendance of witnesses and the production of documents to the full extent authorized under section 2-401 of the Home Rule Charter.

Council President Verna

Thank you. The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. I wish to move the adoption of the resolution, but I wish to speak on the resolution. (Duly seconded.)

Council President Verna

You can speak, sir.

Councilman Nutter

Thank you, Madam President. Madam President, this is an outrage in this City that a company that was welcomed into this town from nowhere that no one had ever heard of that we appreciate, step to the plate to rescue a failed healthcare system, the Allegheny System, has now come to tell us out of nowhere last night after the financial markets closed in a press release at 5:30 this morning West Coast Time that a hospital, one of the premiere institutions in Philadelphia, MCP -- the history of that hospital, the service is provides -- with virtually no notice on the same day that the nurses who were here last week who I spoke to who are not necessarily thrilled with some of the comments, but they were for a purpose, to drive the company and the nurses to the table that today they are prepared to sign an agreement with the company that someone in California, some accountant, some financial person somewhere would make a decision to close the hospital on the same day that they're about to assign a contract to save the hospital is an outrage in this City. It will not be accepted. We will have hearings about this particular issue. This mess is not over; it has only started today. (Applause.)

Councilman Nutter

The City of Philadelphia, the Commonwealth of Pennsylvania has helped the company do a number of things. I have worked with them. Many people who are known to us in this Council, community people, not the usual suspects, not the people who we all see all the time, but regular neighborhood people have devoted time and effort to develop one of the best charity care policies in the United States of America. It is a model. Commitments were made. Decisions were taken. People gave time and effort to work with the company that no one knew. That trust has been violated. It will not accepted easily. I notified Mr. Shinegold last night when he told me at 5:30 of this decision, I told him at 6 o'clock, "You have my resignation from the Community Board of Advisors. I cannot work with you under these circumstances and represent my constituents in the way they deserve to be represented. This will not be accepted." (Applause.)

Councilman Nutter

They didn't even have the courtesy to notify Governor Rendell, Congressman Fattah, Senator Hughes, or any other elected official in this City. I just happened to be across from their offices and they didn't want to take the chance of not telling me about it. But telling me about it is not enough. We will work with anyone in the community. We will work with the nurses, our ward leaders in the neighborhood, Ralph Winder and Lou Agre, and anyone else who is interested. This decision will not be accepted easily. Let me assure you. The Committee will have hearings. We will subpoena anybody from anywhere about this particular issue. We are not finished. Thank you, Madam President. (Applause.)

Council President Verna

Thank you. It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying. Aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Chief Clerk will please read the title of the second resolution. THE

Chief Clerk

A resolution commending Mr. Bernard Gay, his service as President of the Greater Philadelphia Hotel Association and for his leadership in the hospitality community.

Council President Verna

The Chair, again, recognizes Councilman Nutter.

Councilman Nutter

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

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the resolution has been adopted. The Chief Clerk will please read the final resolution. THE

Chief Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 34th Ward of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilman Nutter.

Councilman Nutter

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

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the resolution is adopted. Do all Councilmembers have three Mayor's bills that he's vetoing? If you don't, please -- do we have copies of Bill No. 030686? (Pause.)

Council President Verna

Does everyone now have a copy of the letter regarding Bill No. 030686? If you do not, please raise your hand so that we'll make certain that you have a copy of the letter. So I'm assuming everyone has a copy of the letter. Do Councilmembers want a brief time to read the letters since we just received them? (Pause.)

Council President Verna

Council will now proceed under a special order of business to the reconsideration of Bill No. 030562. This bill was passed by the Council at its December 4, 2003 Session and was returned disapproved by the Mayor to today's Session of Council. At this time, the Chair recognizes

Councilman Goode

Thank you, Madam President. I move that Council reconsider Bill No. 030562, which was approved by Council on December 4, 2003. (Duly seconded.)

Councilman Goode

And I would like to be heard at the appropriate time on the veto override.

Council President Verna

The Clerk will please read the title of the bill. THE

Chief Clerk

Bill No. 030562, an ordinance amending Title 20 of the Philadelphia Code, entitled "officers and Employees," by adding a new chapter entitled "Campaign contributions and expenditures, under certain terms and conditions.

Council President Verna

All in favor, let it known by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes it, the motion carries. Council will now reconsider the vote by which Bill No. 030562 was passed. The Chief Clerk has already read the title of the bill. Councilman Goode wants to be heard on the motion.

Councilman Goode

Thank you, Madam President. Today as is the last session of my freshman term in Council. First I want to sincerely thank every member of this Council for their unanimous support of my first 17 bills. I also want to thank Councilwoman Brown for her cosponsorship of this bill. In addition, I must give Councilmen Kenney, Ortiz and Cohen credit for their leadership on this issue over the last few years. Today, this Council answered a fundamental question: Should a candidate to become Mayor of this City or candidate to become a member of this Council be able to take as much money as they want from whoever they want whenever they want? The answer Today, a majority of this Council will vote to override the Mayor's veto of this bill that establishes fair and reasonable contribution limits, establishing some rules rather than none. Today, a majority of this Council will protect the most fundamental precept of American democracy, the precept that we live in a one-person, one-vote political system. Others may argue that we also live in a capital system of free enterprise protected by First Amendment rights. The Supreme Court recently ruled on that matter as it relates to political money. To paraphrase majority opinion of the Court, the influence of political money is corrupting our system of democratic governance. It is clear that big political money is destroying our one-person, one-vote system. Wealthy political contributors are consciously seeing to strip economically disadvantaged Americans of their political equality. Let me repeat that. It's clear that big political money is destroying one-person, one-vote system. Wealthy political contributors are consciously seeking to strip economically disadvantaged Americans of the political equality. It's time to do the right thing. Vote for reform. Thank you. (Applause.)

Council President Verna

Thank you. The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. I would like to thank Councilman Goode for his leadership in this issue and for his comments relative to myself and Councilmember Ortiz's efforts over the last number of years to get something like this passed. I'm glad that he's had the fortitude, the stick-to-itiveness to stick to this issue and to see it through, and I think we will be successful today. There is no piece of legislation that is perfect. And anyone, if you have a lawyer in the room one or more lawyers, will find a way around any piece of legislation. historic opportunity for us in this City in this body today to take a step forward to change the perception that the general public has about the way we do business. Do I think that people take campaign contributions automatically to give a quid pro quo for consideration of bills? No, I do not think that people in this body act that way. I don't think the Mayor acts that way. But I think the public perceives it that way. And with all the money that we're talking, all the money we need to raise to run our elections, from Council to the Mayor, we need to change the way we do this business. And if this is a small step -- it may be an imperfect step, there may be people who try to find ways around it; fine. We will try to plug those holes as we go along. But this is an opportunity, especially in the environment that we are in today, with all that's swirling around our government, with all that's swirling around this City, we need to take a step forward and stand up to do something that's right that's a And I want command again Councilman Goode and Brown for efforts in this regard. And I urge all of our members to examine their conscience and know that we need to move forward in the right way and send the right message to the people of this city and the state and this country. We need to be leaders in ourselves. I remember the same argument was made about issues regarding apartheid and legislation that went throughout this country city by city. It was said that the state government should do it first, that the federal government should do it first. Well, the reason that the apartheid measures were so successful is because they went -- the anti-apartheid legislation was so successful is because it went city by city. Grass roots people cared about an issue, stood up, and the local governments responded. I think we need to respond and take the chains of money away from our process, away from our elected process and override this veto. And thank the vote today. Thank you, Madam Chair. (Applause.)

Council President Verna

Thank you. The Chair recognizes Councilman Ortiz.

Councilman Ortiz

Thank you, Madam Chair. I also want to join in thanking Councilman Goode for bringing it up and having this legislation at this point. We have tried over the years in this Council to bring some sort of sense to campaign contributions. This is the end of Councilman Goode's first term. It is the end of my 20 years in Council. And I think it would be very good and it would be a great going away gift if we bring some sense and taking away of the influence of big money from political elections in City politics. We have seen how the cost of elections in this City have gone up over the years. When you have elections, District Council elections in districts likes 5th, 7th, 1st, 2nd, and every other district in the City of Philadelphia, and in those district elections, the cost of getting elected has gone from a few thousand dollars to over a quarter of a million dollars to half a million dollars, it isn't the citizens of those districts that are contributing the money. It is the corporate institutions that want to build in this City cheaply and at the expense of taxpayers who are contributing the money. (Applause.)

Councilman Ortiz

It is the Wal-Marts. It is the -(Applause.)

Councilman Ortiz

It is the individuals, the developers with big pockets, deep pockets, who want their way to be done. When poor people, when working class people need something from this Council, it takes a heck of a lot of work to get it done. When a developer needs something, a contribution gets it done. Let me tell you something. It does get it done. Money talks. (Applause.)

Councilman Ortiz

The Mayor in his veto message says -- and I'm going to quote -"That each of us as candidates knows all too well that the time required to raise money keeps increasing. But we also know that to remain competitive and discourage competition, we will put in the time required to fund our campaigns." Well, the purpose of a democracy, a representative democracy is not to discourage competition; it is to have competition for elective office. And we should try to make it as easy as possible for people, ordinary people, working class people, professional, other individuals that do not have great amounts of money to be able to run for political office. We should not be able to use money to discourage competition. We should not be able to use campaign contributions to remain in office just because we have more money and we're able to spend it, we're able to buy it, and we're able to then get our way done. Money corrupts. It has been a the political process. I think it's time to end it. A long journey starts with one step. This is our step. Thank you. (Applause.)

Council President Verna

The Chair recognizes Councilman DiCicco.

Councilman Dicicco

Thank you, Madam President. And I'd like to take this opportunity to speak in favor of this bill as well. As someone who probably has the ability to raise more money than just about any other Councilperson in this body, I can tell you firsthand, and I think most of you would share this same feeling, that it is probably one of the most of the demeaning things for me to have to do. But as Councilman Ortiz pointed out, it's just the way things are done in Philadelphia, and probably in other communities as well across this nation. The cost of running elections is just increasing and continues to increase, and I just don't know where it will all end unless today to at least let the people in this City know that we understand and we care. It's interesting. I'm seeing a lot of signs out here today in opposition to Wal-Mart and some in favor. But there's a sign the lady's holding in front of me, and if you look at it, it says, Whose, and there's dollars sign where the S should be after whose and there's some other dollar signs. And I would suspect that the lady probably thinks that somehow the developer's gotten to me somehow -(Applause.)

Councilman Dicicco

-- that somehow the developer's money flowed into my campaign or my future campaign and that has caused me to make the decision to support the Wal-Mart development. (Applause.)

Councilman Dicicco

And I know that probably no matter what I say, unless each and every one of you takes a look at my financial report, will always be of the opinion that in way, shape, or form I was bought off. I'm not here to defend myself, but to say that in this case -- and I know that Councilman Ortiz didn't mean this personal to me when he commingled his statement about Wal-Mart and campaign contributions. I understood exactly what he was referencing. There was money. There is no money coming from the developer. There has been no money. The record is open. But I think what we need to do today is set the record straight and hopefully, hopefully, people will think a lot different about us when they realize that this kind of legislation will prevent any suggestion or reality that we would be able to collect or raise money from developers as a quid pro quo. Thank you. (Applause.)

Council President Verna

Thank you. The Chair recognizes Councilman Goode.

Councilman Goode

Thank you, Madam President. I'll be real brief. to mention also that there are 50 local jurisdictions around this nation that have laws limiting campaign contributions. The City of Chicago has a law, although the state of Illinois does not. The City of Albuquerque has a law, although New Mexico does not. The City of Austin has a law, although Texas does not. This is not the time to pass the buck to Harrisburg. The buck stops here right now. We have to make a decision. Are we reformers or are we just status quo politicians?

Council President Verna

Thank you very much. The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Madam President, I was not going to speak, but I feel that I need to speak on this particular bill. First, I'd like to say I want to commend Councilman Goode and some of the other members who have been working on this issue time; I think Councilman Cohen and Ortiz and Kenney. And I support their efforts, although I may not support this particular piece of legislation. I do believe that there should be some reform, but I'm extremely concerned about this particular piece of legislation, as I was the legislation that did not pass because I think it creates an environment that we do not have a level playing field, particularly for those members who are running for Council or who are incumbent Councilmembers or Mayor. I don't think it's right for Members of Council and members of the Mayor to be limited in terms of their ability to raise money but every other elected official, not only in the municipality of this City of Philadelphia but in the State of Pennsylvania and on a federal level those Congress people who represent areas within the City, can raise unlimited amounts of money. I am extremely concerned about the soft money issue. And I understand the sponsor of the bill addressed that issue and, in fact, he does not have the authority nor have the authority to limit soft money, but soft money finds a way in our campaigns. Unfortunately, it has not found a way into my particular campaign because I was never able to take advantage of the numerous packs that are around the City and that has funded campaigns. I represent a district that, frankly speaking, had some problems. I represent portions of my district that, frankly speaking, were it not for my ability to contribute to the local drill team or to contribute to the local recreation center, they would not be able to have a program. Yesterday morning, I sponsored a breakfast for 150 senior citizens at the Spring Garden Older Adult Center. If I did not have money in my campaign, I would not be able to bring happiness to those individuals. Last night I had a function, a holiday function, where I had over a hundred people, community leaders, that I had to pay for out of my campaign expense fund. Saturday, I will have a function at Center for children where we've invited 200 children, and we will hopefully bring some joy to those underprivileged individuals . I have to pay for that out of my campaign expense account. I do not have a healthy non-profit corporation that can sponsor such events in my particular district. So while I agree in terms of the spirit of this particular legislation, I just think that this particular Councilperson will not be in a position to do the numerous things that I am called to do on numerous occasions throughout the course of the year. I would like at some future date to work with members of this body to address the other numerous problems associated with campaign expense reforms regardless of the outcome of this particular bill. But because of the concerns that I have raised in this particular discussion, I cannot vote for this particular bill. So I just wanted to say that while I can't be supportive, I commend the sponsor on his efforts and look forward to sponsor and numerous other Members of Council in the future to work on needed expense reform, but in a fair and equitable way, in a way that allows me to represent the constituents in the 5th Councilmanic District. Thank you, Madam President.

Council President Verna

You're welcome. The Chair again recognizes Councilman Goode.

Councilman Goode

Thank you, Madam President. Let me first address to my colleague Councilman Clarke that it is actually inappropriate to use political money for those types of things and he should probably set up a charity to handle those types of needs within his district. But let me say there have been two very false arguments put out about this bill. One, that there is an unlevel playing field between the Members of Council and the Mayor with regard to competing with other people in truth of the matter is this bill does not say anything about office holders, but candidates; any candidates. And any person who's a candidate for City Council or Mayor, whether they happen to be existing Councilperson or an incumbent Mayor, everyone has to play by the same rules. So that's a false argument. The second false argument has been made that somehow something is going to happened on the state level with regard to campaign finance reform. But my particular concern with that is that this body is about to adjourn a term. Members will be sworn in on January 5th, will not run again until 2007 if they choose to. If state reform is going to come even within the next year, how much big money do you have to take between now and when state reform comes?

Council President Verna

Thank you. Councilman Clarke, your light is on. Do you wish to be recognized.

Councilman Clarke

Yes. I just want to make one point. While I agree with sponsor, and I traditionally don't debate with this particular sponsor because we tend to agree on most things and we have similar interests as it relates my COUNCIL district, with respect to the issue on a candidate, the reality is an individual, a State Representative as an example, can raise unlimited amounts of dollars clearly understanding that they are target that particular Councilperson. Those monies can be spent to influence the vote, not necessarily the vote for that particular seat because, obviously, you would have to file a campaign expense report and a Committee for Council. But knowing some of the state elected officials and their ability to do whatever they need to do, they can clearly get their name out, they can clearly influence individuals as it relates to the popularity of those particular individuals, and I think they can clearly position themselves once they have to file for that particular office and file a Campaign Committee that they will essentially have gotten a leg up on the particular that's all I'm saying on that one.

Council President Verna

Thank you. The Chair again recognizes Councilman Goode.

Councilman Goode

Thank you, Madam President. I won't belabor this too much more but, once again, another false argument. The truth of the matter is anybody, whether they're a State Rep, whether they're someone just thinking about running for Council can raise as much money as they want. But under this bill, they cannot transfer it from one Committee to another Committee except in allotments of $5,000, and that is appropriate. So there's a level playing field for all candidates for Council. And that's just a false argument. And lastly, this whole argument about State Reps and State Senators running for City Council, I don't even remember who the last State Rep or State Senator running for City Council was. I believe it might have been John White back in 1979.

Council President Verna

Thank you. The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. It's clear by the dialog and discussion we've had on this bill that I cosponsored with my colleague Councilman Goode that this is an enormously important issue. Councilman Goode shared with us that campaign finance reform has taken place in other cities across the country, namely Chicago. So though imperfect, I think we have a responsibility to start somewhere. This bill is a beginning of starting somewhere with the expectation and hope that the State will do the right thing and pull their heads together to provide us with comprehensive campaign finance reform. So I felt compelled to support my colleague because it is a beginning of us taking a hard look and trying to put a stop to what we already see in campaigns, and currently that is unlimited giving. Thus, I will be supporting this bill.

Council President Verna

Thank you. The Chair recognizes Councilman Clarke.

Councilman Clarke

Madam President, I'm going to defer to my good friend Councilman Cohen.

Council President Verna

The Chair recognizes Councilman Cohen.

Councilman Cohen

Thank you, Madam President. I want to say today I think is a very important day because very important issues are coming up. We're going to find out if Council has a spine for good government. This is the first bill that's going to question that. I think the arguments made by the speakers in favor of overriding the veto are compelling. You can always find an excuse to do nothing. This is a time when we've got to be clear and clean, and both things require a vote to override the Mayor today on this bill. Thank you. (Applause.)

Council President Verna

Thank you. recognizes Councilman Ortiz.

Councilman Ortiz

Thank you, Madam President. Councilman Goode forgot to mention that New York City has campaign finance reform. And not only does it have campaign finance reform, but it has campaign finance that is financed by the taxpayers of the City. And in order to get that assistance, you have to commit yourself to only spend a certain amount in any campaign. Last time around, the current Mayor of New York City, Mayor Bloomberg, spent, I think, $80 million to get elected of his own money. And if anybody's been reading the papers for the last seven months in the City of Philadelphia, you have become very much aware of the term "pay-to-play." Anytime you pick up the Daily News, The Inquirer, that is the phrase. Well, the taxpayers of this City understand what pay-to-play means. So it is very clear. This is one step. It is not the perfect, but it's the first step. And in to begin a very long journey, we have to begin here. It doesn't begin at the State level; it begins here in City of Philadelphia, the largest City in the Commonwealth of Pennsylvania. (Applause.)

Council President Verna

Thank you. At this time the Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Thank you, Madam President. I just want to say in a moment of levity that I hate campaign finance reform, but I do plan to vote for this bill because I think it's the right thing to do. Thank you very much.

Council President Verna

Thank you. This bill having been read on two different days was duly approved by City Council December 4, 2003, and was returned to Council by the Mayor as disapproved at today's Session of Council. The question now is, shall Bill No. 030562 pass notwithstanding the Mayor's disapproval. a vote of aye, a vote of aye is a vote to override the Mayor's veto. And a vote of no, a vote of no is to sustain the Mayor's veto. At this time I would ask the Chief Clerk to please call the roll. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

No. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

No. THE

Chief Clerk

Councilwoman

Councilwoman Miller

Aye. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

No. THE

Chief Clerk

Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Reynolds Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. Applause.)

Council President Verna

The veto overridden. The ayes are 12, the nays are 3. Council will now proceed again under of business on the reconsideration of Bill No. 030686. The bill was passed by the Council at its December 4, 2003 Session and was returned disapproved by the Mayor at today's Session of Council. At this time, the Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. I move that Council reconsider Bill No. 030686, which was approved by Council or December 4, 2003. (Duly seconded.)

Council President Verna

There has been second. All in favor, let it be known by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The motion carries. Council will now reconsider the vote by which Bill No. 030686 was passed. The Chief Clerk will please read the bill. THE

Chief Clerk

Bill No. 030686, an ordinance amending Title 14 of the Philadelphia Code entitled "Zoning and Planning," by establishing certain restrictions on land sought by acquisition by the City, under certain terms and conditions.

Council President Verna

The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. If it's the appropriate time, I wish to be heard on this particular matter.

Council President Verna

Yes.

Councilman Nutter

Thank you. Madam President, there are was a news article back on September 28th about a somewhat unusual circumstance involving a property in downtown Philadelphia. Councilman DiCicco and I discussed this matter. The location is actually in his Councilmanic district. And what the individuals did in this particular situation, Madam President and my colleagues, you know that the Pennsylvania Convention Center is planning to expand here Now, that planning process has gone on for sometime. It's been delayed for a variety of reasons that I certainly won't burden this record with. But all of us, I think, certainly agree that the Pennsylvania Convention Center is a major economic development engine in this City. Its future means a great deal to this City, the region and the Commonwealth of Pennsylvania who are partners in making sure that the Convention Center operates properly. What happened this past summer is the owners of a vacant industrial building decided to improve their building. This building happens to be directly in the path of the expansion zone for the Pennsylvania Convention Center. And what they did was went to the Zoning Board of Adjustment, got a zoning variance to change the building's use from industrial to residential, secured permits, and now plan to build 60 loft apartments in a building that is directly in the path of the expansion of the Pennsylvania Convention Center. Now, you may wonder why would someone do that. Well, we're in America; we're not in Baghdad. In the land of the free and the home of the brave and where entrepreneurial spirit still lives, they decided, well, they're going to expand the building, we'll improve our building, and when we improved it and have 60-some-odd families living in it, they'll have to buy the building which the Pennsylvania Convention Center and the Redevelopment Authority estimated we would probably have to spend about $2 million to acquire a vacant industrial building but now a newly improved building will probably cost us somewhere between 8 to $12 million. Now, where does that money come from? It comes from the people in this room. It comes from the people in the Commonwealth of Pennsylvania. It's taxpayers money that has to pay to acquire these properties. This is incredible. And so the Councilman and I worked together and we put together this bill which is now called the pending public acquisition simple concept. We work with the City Planning Commission, we work with the City of Philadelphia Law Department to create a concept that says when the government decides and has the necessary forms and documents and drawings, not just a thought on someone's mind, but actually takes an action that says, We want to expand for a government purpose and designate an area and file a document with the Chief Clerk, we don't want people coming in and ripping off the taxpayers of the City of Philadelphia and the Commonwealth of Pennsylvania. We're putting you on notice that that's area that we're going in. We put a two-year sunset on it so it doesn't last forever, but we don't want people improving buildings for the sole purpose of driving up the cost in order to make the taxpayers pay more. Without this nonsense, over the past five to six years we already know that through the normal forces of the market, the value of properties in this area have increased on average 20 percent over the last few years. That's automatically this kind of nonsense, we go to a $2 million cost to possibly $10 million of public dollars. So we drafted a bill. The Planning Commission worked on the bill. The Law Department worked on some amendments. They sent over a legal opinion with the recommendations of what amendments should be included, which were in the public hearing.

Councilman Nutter

3 billion in payroll, 58,000 people affected by the hospitality and tourism industry. The Board took action yesterday to to ask Governor Rendell and the General Assembly to send us some amount of money, more than a little bit of money, to start the acquisition, relocation, demolition process right now so that we can control our cost and not have this project balloon out of the sky. I ask my colleagues to support this effort to make sure that the taxpayers don't pay any more than they should, any more than fair market value, and stop peopling from ripping off this government and the state government inappropriately improving properties in an area that they know the Convention Center plans to expand. You would have to live under a rock not to know that we're planning to come in that area in it is inappropriate to engage in this kind of activity, and that's the purpose of this bill. I ask my colleagues to support the override in this matter. Thank you, Madam President. )

Council President Verna

You're recognizes Councilman DiCicco.

Councilman Dicicco

Madam President, just a few brief remarks following up on my colleague Councilman Nutter. As he pointed out, I am a member of the Convention Center Authority Board and I was part of not only drafting this legislation but part of the group that devised the resolution that we signed yesterday to be sent up to the Governor and the General Assembly. But just to put things in perspective, when Councilman Nutter speaks about the millions of dollars in additional cost to the taxpayers, the report that we have in relationship to the 20 percent of the market value that has already increased, in pure raw numbers, every month that we do not acquire the land necessary for expansion will cost the taxpayers $2.5 million because of the market rate increase. Am I correct, Councilman Nutter, 2.5 million monthly?

Councilman Nutter

Yes.

Councilman Dicicco

$2.5 million per month. Now, we're not even certain if the General Assembly and the Governor are going to send the money down to us to do the acquisition, but without the legislation, even if we got the money, that market value on those properties will continue and at some point the taxpayers will have to flip the bill. This is necessary legislation in order to grow the economy and to grow the Convention Center. And I, too, would urge my colleagues to support this bill. (Applause.)

Council President Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Thank you, Madam President. I, too, urge my colleagues to support this bill. While we in the 9th District does not as of yet have the kind of expansion that might be analogous to the Convention Center, I will just share with you. 1986 when we had the explosion in Logan and Mayor Goode set up a process to relocate those families, we had a lot of speculators go to Logan, bought up houses thinking that they were going to make a windfall. At the end of the term when we were thinking about developing. And so we have now set up pretty much with all of the people in Logan, but now we have to spend money to take care of people who did not live in Logan at the time of the explosion and the relocation of those families. But we still have to spend Public dollars to buy out those speculators who went in there and bought those properties. So I think this is a good bill. It protects the taxpayers; dollars, and that's what we're responsible for. That's just a small example. It's not billions of dollars or millions, but $500,000 is a significant amount when you think you can spend it on something else. So I think it's very important that we pass this bill. (Applause.)