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Minutes

Stated Meeting, June 13, 2002

Philadelphia City CouncilJun 13, 2002

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

Councilwoman Krajewski

Thank you.

Council President Verna

Thank you. Councilman Cohen, do you have any bills AND RESOLUTIONS or resolutions, sir.

Councilman Cohen

No, Madam President.

Council President Verna

Councilman, you indicated in Caucus you may have had one resolution.

Councilman Cohen

I indicated that I though there might be -

Council President Verna

Okay, you don't have it. Thank you. Councilwoman Krajewski, do you have any bills or resolutions.

Councilwoman Krajewski

I offer two bills and two resolutions.

Council President Verna

Thank you. The Clerk will please read the title of the first bill.

The Clerk

An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 258.

Council President Verna

The bill will be referred the appropriate committee.

The Clerk

And an ordinance authorizing revision of lines and grades on a portion City Plan No. 312. AND RESOLUTIONS

Council President Verna

The bill will be referred the appropriate committee.

The Clerk

And A resolution honoring Coach Larry Brown on his introduction into the Nasmyth Memorial Basketball Hall of Fame.

Council President Verna

The Chair recognizes Councilwoman Krajewski.

Councilwoman Krajewski

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. The motion carries. The Clerk will please read the second resolution.

The Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City AND RESOLUTIONS deeds located in the 65th Ward of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilwoman Krajewski.

Councilwoman Krajewski

Move for 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 indicate 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 Chair recognizes Councilman Mariano.

Councilman Mariano

I have three resolutions.

Council President Verna

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

The Clerk

A resolution declaring July 2, 2002, as Union Summer Day in Philadelphia. AND RESOLUTIONS

Council President Verna

The Chair recognizes Councilman Mariano.

Councilman Mariano

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 resolution has been adopted. The Clerk will please read the title of the second resolution.

The Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 7th, 18th, 19th, 23rd and 33rd Wards of the City of Philadelphia.

Councilman Mariano

Move for the adoption. (Duly seconded.) AND RESOLUTIONS

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 Clerk will please read the title of the third resolution.

The Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 23rd Ward of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilman Mariano.

Councilman Mariano

Move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. AND RESOLUTIONS All in favor will indicate 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 Councilwoman Tasco.

Councilwoman Tasco

Madam President, no bills or resolutions today.

Council President Verna

The Chair recognizes Councilwoman Miller.

Councilwoman Miller

Thank you, Madam President. I offer two resolutions.

Council President Verna

The Clerk will read the title of the first resolution.

The 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 Ontario Urban Renewal Area.

Council President Verna

The Chair recognizes Councilwoman Miller.

Councilwoman Miller

I move for the AND RESOLUTIONS adoption of the resolution.

Council President Verna

Do I hear a second? (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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

The Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 11th, 12th, and 59th Wards of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilwoman Miller.

Councilwoman Miller

I move for the AND RESOLUTIONS 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 indicate 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 Nutter.

Councilman Nutter

Thank you, Madam President. I offer two resolutions.

Council President Verna

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

The Clerk

A resolution also naming that part of Parkside Avenue from Belmont Avenue to Wynnefield Avenue as Kersley Avenue.

Council President Verna

The Chair recognizes Councilman Nutter.

Councilman Nutter

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

Council President Verna

It has been moved and seconded that the resolution be adopted. 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. The Clerk will please the title of the second resolution.

The Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 38th 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 AND RESOLUTIONS 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. The motion carries. The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Madam President, I offer one resolution today.

Council President Verna

Thank you. The Clerk will please read the resolution.

The Clerk

A resolution honoring and commending the Bright Light Program for their achievements in literacy, cultural and education awareness with young children in Philadelphia.

Council President Verna

The Chair recognizes Councilwoman Brown.

Councilwoman Brown

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

Council President Verna

It has been AND RESOLUTIONS 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 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, I have no bills or resolutions today.

Council President Verna

Thank you. The Chair recognizes Councilman DiCicco.

Councilman Dicicco

Thank you, Madam Chair. I offer one resolution and seven bills. The one bill that pertains to the blockage of intersections has been co-sponsored by my colleague Councilman Rizzo.

Council President Verna

Thank you. The Clerk will please read the title of AND RESOLUTIONS the first bill.

The Clerk

An ordinance establishing a Neighborhood Improvement District in an area that generally includes both sides of East Passyunk Avenue from the south side of Federal Street to the east side of South Broad Street.

Council President Verna

The bill will be referred the appropriate committee.

The Clerk

And an ordinance amending Chapter 12-400 of the Philadelphia Code entitled, "Right-of-Way, Regulations and Penalties," by increasing the penalty for violations of Section 12-407.

Council President Verna

The bill will be referred the appropriate committee.

The Clerk

And an ordinance amending Chapter 19-2600 of the Philadelphia Code entitled, "Business Privilege Taxes," by amending the definition of net income with respect to determining what portion of net income is properly attributable to the doing of business in Philadelphia.

Council President Verna

This bill will be referred the appropriate committee.

The Clerk

And an ordinance amending AND RESOLUTIONS Title 12 of the Philadelphia Code entitled, "Traffic Code," by adding provisions governing the disposition of vehicles impounded under the Live Stop Program authorized by Pennsylvania Vehicle Code 75 Pennsylvania and in particular authorizing the auction of such vehicles that remain unredeemed after provisions of notice to owners.

Council President Verna

The bill will be referred the appropriate committee.

The Clerk

And an ordinance granting permission to Alfredo Aquella, owner of the property 426-28 West Girard Avenue to operate and maintain and open air sidewalk cafe.

Council President Verna

This bill will be referred the appropriate committee.

The Clerk

And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 271 by striking from the City Plan and vacating Hancock Street from Pollock Street to Germantown Avenue.

Council President Verna

The bill will be referred the appropriate committee.

The Clerk

And an ordinance amending Chapter 10-1200 of the Philadelphia Code entitled " AND RESOLUTIONS "Posting of Temporary Signs," by deleting provisions of that chapter that authorize the posting of temporary signs.

Council President Verna

This bill will be referred the appropriate committee. The Clerk will please read the title of the resolution.

The Clerk

A resolution initiating action to establish a Neighborhood Improvement District in an area that generally include both sides of East Passyunk Avenue from the south side of Federal Street to east side of South Broad Street.

Council President Verna

The Chair recognizes Councilman DiCicco.

Councilman Dicicco

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

Council President Verna

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

Council President Verna

Those opposed? AND RESOLUTIONS (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

Thank you. The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. I have four resolutions and one bill.

Council President Verna

Thank you. The Clerk will please read the tile of the of the bill.

The Clerk

An ordinance enacting a new Chapter 19-3400 of the Philadelphia Code authorizing the Board of Revision of Taxes to grant tax deferrals to long-time owner/occupanty of certain properties in the City of Philadelphia.

Council President Verna

The bill will be referred the appropriate committee.

The Clerk

And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the AND RESOLUTIONS urban renewal of a portion of the Model Cities Urban 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 indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

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

The Clerk

A resolution approving the redevelopment contract of the Redevelopment Authority of City of Philadelphia for the redevelopment and urban renewal of the Southwest Temple Renewal Area. AND RESOLUTIONS

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 indicate by saying aye. (Aye.)

Council President Verna

Those opposed? The ayes have is it, and the motion carries. The Clerk will please read the title of the third resolution.

The Clerk

A resolution also naming the 1600 block of North 12th Street as Bill Gray Way in honor of William H. Gray, III.

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 AND RESOLUTIONS moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Clerk will please read the final resolution.

The Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 16th, 28th, and 29th Wards of 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. favor will indicate 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 Longstreth.

Councilman Longstreth

I have no bills or resolutions today.

Council President Verna

Thank you, sir. The Chair recognizes Councilman Rizzo.

Councilman Rizzo

No bills or resolutions today, Madam President.

Council President Verna

The Chair thanks the gentleman. The next order of business is reports from committees. The Chair recognizes Councilman Ortiz for a report from the Committee on Public Safety.

Councilman Ortiz

Madam Chair, on behalf of the Committee on Public Safety and Health Services, I file a joint report, one resolution with a favorable recommendation.

Council President Verna

The Clerk will please read the reports. Was a copy of that distributed to all Members of Council, Councilman Ortiz.

Councilman Ortiz

Yes.

The Clerk

To the President and Members of the Council of the City of Philadelphia, the Joint Committee on Public Health and Human Service and on public safety to which was referred Resolution No. 010598 entitled, a resolution authorizing City Council's Committees on Public Health and Human Services and on Public Safety to hold a joint committee hearing to continue monitoring and investigating the quality level of medical and mental health care services that is provided or made assessable to prison inmates under the care of the Philadelphia Prison Systems, and further authorizing the committee to issue subpoenas and such other process as may be appropriate to compel the attendance of witnesses and the production of documents and furtherance of the investigation to the full extent authorized by 2-401 of the Home Rule Charter, respectfully reports it has considered the same and returns the attached resolution to Council with a favorable resolution.

Council President Verna

Thank you. Resolution No. 010598 will be placed at the end of the today's Calendar. That concludes the committee reports. Council will now proceed under a special order of business for the reconsideration of Bill No. 010695. This bill was passed by Council at its May 30, 2002 session and was returned disapproved by the Mayor today at today's session. The Mayor's veto message has already been read into the record by the Chief Clerk. The Chair at this time recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. I move that Council reconsider Bill No. 010695A which was approved by Council on May 30, 2002.

Council President Verna

Did I hear a second? (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? Roll call vote, please.

Councilwoman Blackwell

Madam President, would you explain the position of the votes, what "aye" means and what "nay" means?

Council President Verna

Sure. This is just a vote on whether we should reconsider. There will be a later roll call. The Mayor sent a letter up asking that it would be reconsidered. This is the Mayor's veto, so it's just to reconsider.

Councilwoman Blackwell

No, I assume that Councilman Nutter is asking that reconsidered, not the Administration.

Council President Verna

But the Administration sent a letter up to the effect that -

Councilwoman Blackwell

The Administration disapproved bill.

Council President Verna

I'm sorry. This is the veto bill. Okay.

Councilman Nutter

Yes.

Councilwoman Blackwell

I asked you to explain to Council what an aye vote meant and what a nay vote would mean, Madam President.

Council President Verna

We have two separate motions. One is to reconsider. The second vote would be to override.

Councilwoman Blackwell

Not clear. Madam President, that is not clear at all. Would you explain that again, please? The Mayor disapproved a bill, and Councilman Nutter is asking that it be reconsidered. Therefore, if we would vote aye, we would be supporting Councilman Nutter. If we vote nay, we would be supporting the disapproval. So aye is a vote for Nutter on the educational residential district, and nay is to support the Mayor's position. Unless I am -

Councilman Nutter

Madam President, I thought the first vote was just to allow for the reconsideration which would then lead to an actual vote on whether the veto should overridden or not. There are two votes.

Councilwoman Blackwell

So aye would be voting to reconsider voting on this?

Councilman Nutter

Yes. To allow reconsideration.

Council President Verna

To allow. Any other questions?

Councilman Kenney

Point of information.

Council President Verna

Yes.

Councilman Kenney

Point of information, Madam President. Does the Clerk have the information as to what the vote total was on the original passage of the bill? Does staff know?

Council President Verna

15 to 1, I am told.

Councilman Kenney

15 to 1 in favor?

Council President Verna

Yes.

Councilman Kenney

Thank you.

Council President Verna

We will then start the roll call for the reconsideration. The Clerk will please call the roll.

The Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Madam President, if I am clear, then a no vote means we do not want to reconsider this vote which means it would still be disapproved, am I correct?

Council President Verna

Exactly. If she votes no, she is voting no to reconsider.

Councilwoman Blackwell

Then I have to vote -- I'm not clear.

Councilman Nutter

If the reconsideration vote fails, then you don't get to vote on the actual override of the veto. You have to empower yourself to vote. You have to vote to some allow yourself to vote.

Council President Verna

Councilwoman, if your vote is not, you're voting no to reconsider.

Councilwoman Blackwell

Say that again.

Council President Verna

If your vote is no, it would be a vote no to reconsider.

Councilwoman Blackwell

Then I have to aye so that we can vote on the bill again. So my vote is aye.

The Clerk

Councilman Clarke.

Councilman Clarke

Aye.

The Clerk

Councilman Cohen.

Councilman Cohen

Aye.

The Clerk

Councilman DiCicco.

Councilman Dicicco

Aye.

The Clerk

Councilman Goode.

Councilman Goode

Aye.

The Clerk

Councilman Kenney.

Councilman Kenney

Aye.

The Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

The Clerk

Councilman Longstreth.

Councilman Longstreth

Aye.

The Clerk

Councilman Mariano.

Councilman Mariano

Aye.

The Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

The Clerk

Councilman Nutter.