civus
Minutes

Stated Meeting, May 26, 2005

Philadelphia City CouncilMay 26, 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

Council President Verna

We're voting on the amendment. Councilwoman Blackwell, how are you Stated - 5/26/05 voting on the amendment?

Councilwoman Blackwell

Aye.

Council President Verna

Yes. Yes, sir.

Councilman Nutter

I hate to do this, Madam President, but I did mention to the Councilman's staff person -- This may seem like a minor point, but possibly in the event that this amendment might pass, I believe that there is an inadvertent typographical error on the amendment which could change the meaning or provide further confusion regarding the meaning of this amendment. It's in the last line. It reads, intended to advertise a product of service which I think, of course, does not make any sense. It probably should read, a product or a service.

Councilman Cohen

I would agree with the Councilman.

Councilman Nutter

Well, you need to make an amendment, Councilman.

Council President Verna

So I think Stated - 5/26/05 you have to change. Councilman?

Councilman Cohen

What is she saying?

Council President Verna

Councilman, why don't you withdraw the amendment and produce a corrected amendment.

Councilman Cohen

If you'd like or we could just change it here.

Council President Verna

Well, make your motion. Let's do something. (Laughter.)

Councilman Cohen

I move that the... the word "of" in the last line of the proposed amendment should have been written "or a" instead of the word "of." It was a typographical error.

Council President Verna

Is there a second? UNIDENTIFIED COUNCIL PERSON: Second.

Council President Verna

All in favor will indicate by saying aye. (Chorus of "ayes.") Stated - 5/26/05

Council President Verna

Those opposed? (Chorus of "nos.")

Council President Verna

The ayes have it. (A Council member spoke, away from the microphone, not reportable.)

Council President Verna

Pardon me? It's just changing the last sentence. Can we proceed? Councilwoman Tasco, your light is on. Did you want to be recognized?

Councilwoman Tasco

Yes. Just proceed, please.

Council President Verna

Councilwoman Brown, your light's on. Did you want to be recognized?

Councilwoman Brown

Yes. I want to speak on the motion.

Council President Verna

Which motion?

Councilwoman Brown

Speak on the amendment.

Council President Verna

Pardon me? Stated - 5/26/05

Councilwoman Brown

I wish to speak on the amendment.

Council President Verna

The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Given the issues that have been raised by Councilman DiCicco, and given the potential that this particular amendment could inadvertently or in an unintended way affect or jeopardize the City's mural arts program, the best in the country, I will not be supporting this amendment.

Council President Verna

Thank you. The Chair recognizes Councilman Mariano.

Councilman Mariano

Thank you, Madam President. I really with all my heart want to support this amendment, but with Councilman DiCicco's statement, and what Councilwoman Blondell Reynolds Brown just said about the mural arts program, I mean, he's making it really hard for us. And we're really trying to help here. So, I'll be voting against it Stated - 5/26/05 unless it's changed.

Council President Verna

Okay. Again, I would ask the Chief Clerk to please call the roll on the adoption of the amendments.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No.

Chief Clerk

Councilman Clarke.

Councilman Clarke

No.

Chief Clerk

Councilman Cohen.

Councilman Cohen

What are we doing, Madam President? (Laughter.)

Council President Verna

We're voting on your amendment, sir.

Councilman Cohen

Well, I'm going to withdraw the motion now because I think there's been enough confusion. But next week please don't anybody say to me, you're holding up the works, you're delaying the budget or anything. My effort was made -

Council President Verna

You can go Stated - 5/26/05 forward with your vote.

Councilman Cohen

Madam President, I have the floor, and I ask to be permitted to speak without interference by anyone. Don't I have that right?

Council President Verna

You have the right, sir, and you've had the right now for the last half hour.

Councilman Cohen

Well, let me make my statement. Other members of Council make statements without constant harassment.

Council President Verna

Oh, you're being harassed.

Councilman Cohen

And I have that same right. I'm trying to make some sense and permit this Council to honor the words of witnesses. But if a witness says one thing and then changes without informing anybody, it's wrong. And I intend to follow this thing through to see that the record today will ultimately reflect the statement made by Stated - 5/26/05 Commissioner Sovilive or that he gives us a firm reason for changing and explaining why he didn't tell us. Everybody's acting as if I'm trying to create a problem. I'm trying to avoid one next week. So, I'm going to hold this question now and not ask that any action be taken this week but reserving the right to present the motion.

Council President Verna

So, Councilman Cohen is withdrawing his motion to amend the bill. I would ask the Chief Clerk to please proceed with calling the bills on the first reading, please.

Chief Clerk

Bill Number 050230, an ordinance amending Title 14 of The Philadelphia Code entitled, zoning and planning, by amending Chapter 14-200 entitled, residential districts.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill Number 050233, on ordinance amending Title 14 Stated - 5/26/05 entitled, zoning and planning, to add definitions for certain architectural features that are commonly located on residential buildings.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill Number 050285, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Essington Avenue and the former Pennypack Avenue.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill Number 050339, an ordinance to amend The Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Bridge Street, Tacony Street, Sanger Street, the Delaware River and Frankford Creek.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill Number Stated - 5/26/05 050295, an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, in an amount not to exceed $6 million.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill Number 050297, an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, in an amount not to exceed $500,000.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill Number 050299, an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, in an amount not to exceed $2 million.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill Number Stated - 5/26/05 050343, an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $500,000.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill Number 050416, an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, in an amount not to exceed $2.5 million.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill Number 050454, an ordinance amending Bill Number 040765.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill Number 040595, an ordinance amending Title 9 of The Philadelphia Code, by amending Section 9605.

Council President Verna

The Chair Stated - 5/26/05 agrees.

Chief Clerk

And Bill Number 050203, an ordinance amending Title 9 of The Philadelphia Code entitled, regulations of businesses.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill Number 050204, an ordinance amending Title 4 of The Philadelphia Code, the Philadelphia Building Construction Occupancy Code.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill Number 050266, an ordinance amending Title 9 of The Philadelphia Code entitled, regulation of business, trades and professions.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill Number 050267, an ordinance amending Title 4, subcode 8 of the Philadelphia Administrative Code.

Council President Verna

The Chair Stated - 5/26/05 agrees.

Chief Clerk

And Bill Number 050342, an ordinance amending Chapter 10-1800 of The Philadelphia Code entitled, vicarious liability for student conduct.

Council President Verna

The Chair agrees. That completes our first reading calendar for today. And The Chair recognizes Councilwoman Blackwell for the purpose of calling up the bills on the second reading and final passage calendar to be considered today.

Councilwoman Blackwell

Thank you, Madam President. Today bills to be called up on second reading and final passage are Bill Numbers 050428, 040771-A, 040772-AA, 050301-A, 040851, which is the change in our position.

Council President Verna

Excuse me. I believe that -

Councilwoman Blackwell

Yes. I Stated - 5/26/05 thought I'd mention that.

Council President Verna

-- 050063 is also being called up for an amendment on .

Councilwoman Blackwell

Yes. I was going to mention that last.

Council President Verna

Okay.

Councilwoman Blackwell

And the last bill on the calendar, 050429. As you have just said, 050301-A, the smoking bill, is to be amended.

Council President Verna

Thank you.

Councilwoman Blackwell

Thanks.

Council President Verna

Okay. I would ask the Chief Clerk to please read the title of Resolution Number 050428.

Chief Clerk

A resolution proposing an amendment to the Philadelphia Home Rule Charger, relating to the City leases, contracts, concessions and the provision of financial assistance, and providing for the submission of the amendment to the electors of Philadelphia.

Council President Verna

The Chair Stated - 5/26/05 recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. Madam President, I move the adoption of the resolution. UNIDENTIFIED COUNCIL PERSON: Second.

Council President Verna

It has been moved and properly seconded that the rules of Council be suspended -- I'm sorry -that the Resolution Number 050428 be adopted. Since Resolution Number 050428 proposes an amendment to the Home Rule Charter, it requires the approval of two-thirds of the members of Council. The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. Stated - 5/26/05

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds-Brown.

Councilwoman Reynolds Brown

Aye. Stated - 5/26/05

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye.

Chief Clerk

The ayes are 16; the nays are 1.

Council President Verna

A majority having voted in the affirmative, Resolution Number 050428 has been adopted. We will now proceed to Bill Number 040771-A.

Chief Clerk

An ordinance providing for the submission to the qualified electors of the City of Philadelphia of a proposal set forth in a resolution approved by Council proposing amendment of the Philadelphia Home Rule Charter, relating to City leases, contracts, concessions, and the provision of financial assistance.

Council President Verna

This bill having been read on two different days, the Stated - 5/26/05 question now is, shall the bill pass finally. The Chief Clerk will please call roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk

Councilwoman Miller. Stated - 5/26/05

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds-Brown.

Councilwoman Reynolds Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16; the nays are 1. A majority of all members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill Number 040772-AA.

Chief Clerk

An ordinance amending Title 17 of The Philadelphia Code entitled, Stated - 5/26/05 contracts and procurement, by adding provisions relating to process by which the City awards professional service contracts and other non-competitively bid contracts, and prohibiting persons from entering into such contracts or from receiving City financial assistance if they or certain related parties have made certain contributions to elected City officers or candidates for City offices, all under certain terms and acknowledges.

Council President Verna

Thank you. 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.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. Stated - 5/26/05

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds-Brown.

Councilwoman Reynolds Brown

Aye. Stated - 5/26/05

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. I'm sorry. How did Councilwoman Blackwell vote?

Council President Verna

Okay. The ayes are 16; the nays are 1. A majority of all members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill Number 050301-A.

Chief Clerk

An ordinance amending Title 20 of The Philadelphia Code entitled, officers and employees, by amending the provisions relating to campaign contributions and expenditures relating to, including but not limited to the District Attorney, City Controller, Register of Wills, Sheriff, Clerk of Quarter Sessions Court, and City Stated - 5/26/05 Commissioner.

Council President Verna

Thank you. Councilman Nutter, your light is on. Did you want to be recognized?

Councilman Nutter

No. Inadvertent. Sorry.