civus
Minutes

Stated Meeting, June 16, 2005

Philadelphia City CouncilJun 16, 2005

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

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye. THE

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

President Verna

Aye. The ayes are 17, the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 050518. THE

Chief Clerk

An ordinance authorizing the Philadelphia Authority for Industrial Development to purchase land located West Girard Avenue.

President Verna

I would like to ask the Chief Clerk, what bill did we just read? THE

President Verna

This bill having been read on two different days, the question now is shall the bill pass finally. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 The Chief Clerk will 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

Aye. THE

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye. THE

Chief Clerk

Councilman Kenney voting aye. Councilwoman Krajewski.

Councilwoman Krajewski

Aye. THE

Chief Clerk

Councilman Mariano.

Councilwoman Mariano

Aye. THE

Chief Clerk

Councilwoman SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 Miller voting aye. Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye. THE

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

President Verna

Aye. The ayes are 17, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. Can I see Council Members Clarke and Nutter, please. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05

Councilman Mariano

Point of information. Madam President. Can we get along with this. We are either going to vote for something or we are not going to vote for something. Councilman Kenney had no problem voting against it, and he left. It is a quarter to 3:00, I will stay here until midnight. But some people worked awful hard -- it is a quarter to 2:00, whatever it is. It could be a quarter to 3:00 or quarter to 4:00. Nothing against you. But, I mean, what are we going to do sit and kiss everybody's ass until everybody is happy? I mean, we have been here. Everybody knows what's going to happen. You vote or you don't vote. You vote for it or you vote against it. My friend Councilman DiCicco and a lot of other Councilpeople here worked hard on getting stuff done. Let's vote on it. I know how I am voting. Let's do it. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 I mean, should we go out on the street and ask everyone outside? Should we ask the press what they want? I mean, we are the elected people. Let's do it. I mean, even with the Mayor, it doesn't matter. Let's do what we want to do. This is ridiculous. Once you sit here -- we have been sitting here since 10 o'clock. This is stuff we couldn't work on yesterday or the day before? Again, it is not your problem, Council President; you are just the one that's stuck with the job. My friend Councilman Clarke, let's go on with the voting here. You either stand up or you don't. Let's do it.

Councilwoman Krajewski

Second.

Councilman Mariano

Let's complete the calendar and get to the end and to this final vote.

President Verna

I think we got your message.

Councilman Mariano

I was adding what my dear friend Councilwoman Tasco said. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05

President Verna

I think we got your message. I am just told that Councilwoman Miller will have to leave because she has to leave for something extremely important to her. So it has been suggested that we then go back to considering Bill No. 050506. I would ask the Chief Clerk to again read the title of that bill. THE

Chief Clerk

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 the capital purposes and the amounts for which the proceeds of the loan or loans will be expended, including reimbursement of City capital expenditures; 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 SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 maturity; providing sinking funds for the bonds and for appropriations to the Sinking Fund Commission for the payment thereof; authorizing agreements to provide credit or payment or liquidity sources for the bonds and interest rate swaps in connection with issuance of the bonds, and certain other actions; providing for obtaining the consent of the electors to increasing the indebtedness of the City of Philadelphia; and fixing a day for holding the election for obtaining such consent and providing for the arrangements for holding such election.

President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Madam President, your earlier statements about there being some controversy around this bill is clearly true.

President Verna

Oh, really? I was going to say, mea culpa, mea culpa.

Councilman Clarke

I will never question you again on that, in that respect, SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 Madam President. Given the fact that there has been substantial controversy surrounding this bill on the last half hour or so, and I know there was some concerns about some of the things that had been proposed not only today, but prior to today in relation to creating some level of -- I hate to use this term -transparency, but that seems to be the term for the day, some level of process as it involves the selection of the bond counsel, I have spoken to the Mayor -- And I don't know if other members have spoken to the Mayor and expressed their concerns of this body as it relates to that. And I had an earlier conversation of a private nature with him where he indicated more than willingness to sit down over the summer and talk to Council Members, all of us, to talk about a process that could be implemented when we get back in the fall. I didn't feel comfortable saying that earlier because it was a private conversation. I have talked to him. He says it is SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 okay for me to have that in a public way. I believe, based on the conversation that I have had with him as relates to this issue, that that will happen as it relates to his involvement, understanding, and talking to some of the members in the last half hour. I think members wouldn't be comfortable having some level of process. I don't know what that would be; be it executive order, be it ordinance. But he has given his commitment to ensure that that happens when we get back in the fall.

President Verna

Thank you. The Chair recognizes Councilman Mariano.

Councilman Mariano

Thank you, Madam President. I hope everyone is very happy now that they have a level of comfort so they can do their job. Using Councilman Goode's words in his elegant speech he gave, if somebody wants to come here and vote against this, go ahead SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 and do it. I might think it is spite. If other people want to use it as a leverage point, fine, use it as a leverage point. But the guy's always down there on the second floor. Joe Grace is around here all the time. If they need to get ahold to take of what their issue is, why do we always have to wait until the last minute? And then we hear that it is the Administration at the last minute. We find out something the day things are going on. Let's go on with our vote, that's all I have to say. But it gets ridiculous to the point where you are sitting here for hours, which is great, this is the best $100,000 job you can find, I'll sit here all day. But, I mean, enough is enough. We have got to make everybody happy? I think the guy selling pretzels outside isn't happy.

President Verna

If you are finished, we can go on.

Councilman O'Neill

One last pitch SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 for holding the bill.

President Verna

I am sorry?

Councilman O'Neill

Just one last pitch for holding the bill. This is something that can wait until our first session in September. We can do it right, we will know exactly what we are talking about, and it doesn't put the bill in jeopardy of a no vote today. Thank you.

President Verna

Does anyone else want to be recognized? Councilwoman Tasco.

Councilwoman Tasco

Yes, I agree with Councilman O'Neill. If there is going to be a good-faith effort to put forth something to address the issues that have been raised, holding the bill, rather than whatever happens to the bill -- if it goes down, having to reintroduce a bill in the fall and go through that whole process -- we just put it on hold, we get what we need from the Mayor, and then -

President Verna

And then we have SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 enough time in September?

Councilwoman Tasco

Yes. And that gives him an opportunity to work with us to come up with a resolution on the issues, and then we have the bill on the calendar. I would urge that we would hold the bill.

President Verna

The Chair recognizes Councilman Goode.

Councilman Goode

Thank you, Madam President. I would remind my colleagues that all we are doing is approving a bill for something that would go to the voters anyway. So the truth of the matter is that, if people don't think that the good-faith effort will be made, they can always lobby against it after at the polls.

President Verna

Thank you. The Chair recognizes Councilman Nutter.

Councilman Nutter

Madam President, I would only ask, could you lay out, because of the unusual or beyond-majority vote SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 requirement, and Councilwoman Tasco has expressed a concern, others may have in other conversations, about what happens with the bill -- and I appreciate Councilman Clarke's work and certainly look forward to seeing what happens over the course of the summer. But one of the concerns I would have is, if the bill is not successful today, what's the next step in the process, at least from a pure logistics and technical standpoint; versus the alternative, of course, which is to take this particular bill up in September, similar to last year's bill, and still approve it in a timely fashion? What happens if the bill is not successful?

President Verna

Does somebody want to respond to that? Councilman O'Neill.

Councilman O'Neill

My understanding is that it would have to go on the May ballot at the earliest, if we came back with a fresh bill. Mr. McPherson or Mr. Auerbach may SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 have something different on that. But I would add that several times over the last 20 or 30 years, in several administrations, the Capital Budget, the GO bond issue, has gone to the following May ballot question, and not November, without any of this controversy around it, just in the normal course of things. Thank you.

President Verna

Okay. Are there any other comments or questions from members of the committee? None? 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. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kelly.

Councilman Kelly

No. THE

Chief Clerk

Councilman Kenney voting no. Councilwoman Krajewski.

Councilwoman Krajewski

Aye. THE

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

No. THE

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

No. THE

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

No. THE

Chief Clerk

Council President Verna.

President Verna

No. THE

Chief Clerk

The nays are 6, the ayes are 11.

President Verna

The vote is 10 to 7. So the bill did not get the two-thirds that's required for passage, I have just been reminded of that by our attorney. As I had said very early on, the bill would have to be passed by two-thirds. The vote is 10 to 7. And, so, Mr. Auerbach is here and he is saying it failed because we did not get the two-thirds vote that was required. So I don't know that we have to have any conversation on it. Mr. Clarke, Councilman Clarke.

Councilman Clarke

Yes. Actually, SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 Council President, I missed several votes when I was out, what I thought I was instructed to do in talking to the Administration, but it appears that that was a waste of my time. But I would like to vote aye on those bills that I missed.

President Verna

The record will so reflect that Councilman Clarke is voting on all bills that he missed. The Chief Clerk at this time will please read -- did we read the title of Bill No. 050519. THE

Chief Clerk

An ordinance authorizing the Commissioner of Public Property, on behalf of the city, to accept land located 843-47 North 12th Street.

President Verna

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

President Verna

I am asking everyone to please have a little patience so we can go through the calendar in a more SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 expedited way. Thank you. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye. THE

Chief Clerk

Councilman Kenney voting aye. Councilwoman Krajewski.

Councilwoman Krajewski

Aye. THE

Chief Clerk

Councilman Mariano.

Councilwoman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller voting aye. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye. THE

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

President Verna

Aye. The ayes are 17, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 050269. THE

Chief Clerk

An ordinance SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 granting permission to Moore College of Arts to operate and maintain a vending stand, under certain terms and conditions.

President Verna

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

Aye. THE

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye. THE

Chief Clerk

Councilman Kenney voting aye. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 Councilwoman Krajewski.

Councilwoman Krajewski

Aye. THE

Chief Clerk

Councilman Mariano.

Councilwoman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller voting aye. Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye. THE

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05

President Verna

Aye. The ayes are 17, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 050362. THE

Chief Clerk

An ordinance authorizing Brandywine Realty Trust, under and along the north footway of Arch Street, between 29th and 30th Street.

President Verna

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

Aye. THE

Chief Clerk

Councilman DiCicco. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 COUNCILMAN DiCICCO: Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye. THE

Chief Clerk

Councilman Kenney voting aye. Councilwoman Krajewski.

Councilwoman Krajewski

Aye. THE

Chief Clerk

Councilman Mariano.

Councilwoman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller voting aye. Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye. THE

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE