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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

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.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly. Stated - 5/26/05

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.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Stated - 5/26/05 Verna.

Council President Verna

Aye. May I ask the Chief Clerk what the vote is?

Chief Clerk

16 ayes and 1 nay.

Council President Verna

Thank you. A majority of all members having voted in the affirmative, this bill passes. The next bill to be called up for consideration is Bill Number 050063.

Chief Clerk

An ordinance amending Chapter 10-600 of The Philadelphia Code entitled, public places prohibited conduct, by prohibiting smoking in public places and in the workplace, and providing for penalties, all under certain terms and conditions.

Council President Verna

The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I will be introducing some amendments -- offering some amendments to this bill, and I'd like to have a moment for Stated - 5/26/05 some brief remarks. Thank you, Madam President.

Council President Verna

Excuse me. Has everyone received a copy of the amendments? COUNCILMAN DiCICCO: I believe so, yes.

Council President Verna

Councilman Clarke, you're looking very quizzical. Do you have a copy of the amendments? Councilwoman Krajewski, do you have a copy?

Councilwoman Krajewski

No.

Councilman Clarke

Thank you.

Council President Verna

You did get it?

Councilman Clarke

Yes.

Council President Verna

I didn't hear you.

Councilman Clarke

I got it yesterday.

Council President Verna

Oh, okay. All right. Councilwoman Krajewski said she has them. So, I will again recognize Councilman DiCicco. Stated - 5/26/05 COUNCILMAN DiCICCO: Thank you, Madam President. I'd like to take this opportunity to thank my colleague, Councilman Nutter, for his tireless efforts over these past five years in dealing with this very important issue to create a smoke-free environment in the City of Philadelphia. I know that he would have preferred to have the original bill that he introduced about five years ago, and I think it was the year 2000. But because -- He is to be commended because of his tireless efforts, as I said. But more importantly, his willingness to listen to others and the concerns that we had to find some common ground. The results of those discussions -and there have been many, almost to the point where he caused me to become a chain smoker... (Laughter.) COUNCILMAN DiCICCO: ...bring us to this historic day in the City of Stated - 5/26/05 Philadelphia's history. I am pleased to introduce these friendly amendments to Bill Number 050063. Thank you, Madam President.

Council President Verna

Thank you. The Chair recognizes Councilman Nutter. (Applause.)

Councilman Nutter

Thank you, Madam President. I thank my colleague, Councilman DiCicco, for his continued work and attention to this issue. But also, this work represents significant effort by many members of this City Council. And regardless of what any member's position has been or is today, and there have certainly been changes over the course of the year, I have learned a great deal as a legislator. The support and the opposing views, I think, have ultimately led to a better piece of legislation. I know, at the same time, it will never make everyone happy at a particular Stated - 5/26/05 moment, but I think over time we will see the very positive effects of what this kind of legislation can do. And so for today, I'm certainly very pleased to receive these amendments being offered with the friendship from Councilman DiCicco. We will continue to work on these issues, but I thank every member of this body for the conversation, for the discussion, for the intelligent concern and the challenge to many of the issues that confront us. I think ultimately the process makes us better. Thank you, Madam President.

Council President Verna

Thank you. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Thank you, Madam President. I'll be brief. I'm going to vote against the amendments. And I just felt strongly that the bill the way it was was the right way to do it. And when you start creating Stated - 5/26/05 different levels of employees and different classes of smokers, and competitive disadvantages, depending on whether you're this business or that business, that it's the wrong way to go. So, I'll be voting no. I just wanted to explain it. Thank you.

Council President Verna

Thank you. Would anyone else want to be recognized? (No response.)

Council President Verna

Seeing none, I would ask the Chief Clerk to please call... Councilman Cohen, I see that your light just went on.

Councilman Cohen

Thank you. Madam President, I'm going to be voting no on the amendments but will be voting aye on the bill, whether or not the amendments pass or fail.

Council President Verna

Thank you. I would ask the Chief Clerk to please call the roll. Stated - 5/26/05

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman Cohen.

Councilman Cohen

No.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

No.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

No.

Chief Clerk

Councilman Mariano.

Councilman Mariano

No.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. Stated - 5/26/05

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

No.

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

No.

Chief Clerk

The nays are 7; the ayes are 10. The amendments pass. (Applause.)

Council President Verna

The amendment has been adopted. And the Chief Clerk will now read the title of Bill Number 040851.

Chief Clerk

An ordinance permitting three traffic lanes on Walnut Street between 40th Street and Cobbs Creek Stated - 5/26/05 Parkway, and requiring that the lane markers on Walnut Street be changed to reflect this change.

Council 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.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

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 Stated - 5/26/05 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.

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 17; the nays are zero. A majority of all members having voted in the Stated - 5/26/05 affirmative, the bill passes. The Chief Clerk will please read the title of the Resolution Number 050428.

Chief Clerk

A resolution memorializing...

Council President Verna

I'm sorry. I made a mistake. It's 050429.

Chief Clerk

A resolution memorializing Council's intent not to authorize the issuance of debt by the City or any other agency unless the sale of bonds and the selection of bond firms and professionals is conducted under a transparent process that seeks the selection of the most qualified firms and the professionals, at the best possible prices.

Council President Verna

Thank you. The Chair recognizes Councilman Nutter for a motion on Resolution Number 050429.

Councilman Nutter

Thank you, Madam President. I move the adoption of the resolution. Stated - 5/26/05 UNIDENTIFIED COUNCIL PERSON: Second.

Council President Verna

It has been moved and properly seconded that Resolution Number 050429 be adopted. All in favor will indicate by saying aye. (Chorus of "ayes.")

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and Resolution Number 050429 has been adopted. That completes our calendar for today. Are there speeches on the part of the minority? (No response.)

Council President Verna

Are there speeches on the part of the majority? (No response.)

Council President Verna

Seeing none, The Chair recognizes Councilwoman Tasco Stated - 5/26/05 for a motion to adjourn.

Councilwoman Tasco

Madam President, I move that Council stand adjourned until Thursday, June 2nd, at 10:00 a.m., 2005. UNIDENTIFIED COUNCIL PERSON: Second.

Council President Verna

It has been moved and seconded that Council stand adjourned until Thursday June 2, 2005. All in favor will say aye. (Chorus of "ayes.")

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. Thank you very much. (Public hearing concluded at 12:41 p.m.) CERTIFICATE I HEREBY CERTIFY that the proceedings and evidence are contained fully and accurately in the stenographic notes taken by me upon the public hearing of The Philadelphia City Council, taken on May 26, 2005, and that this is a true and correct transcript of same. _____________________________ DAVID A. DEIK, RPR and Commissioner of Deeds (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)