civus
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

Councilman Nutter

Aye.

The Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

The Clerk

Councilman Ortiz.

Councilman Ortiz

Aye.

The Clerk

Councilwoman Reynolds-Brown.

Councilwoman Reynolds-Brown

Aye.

The Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

The Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

The Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 17, the nays are 0. The motion carries. Council will now reconsider the vote by which Bill No. 010695 was passed -- I'm sorry. I'm ahead of myself. This bill having been read on two different days, it was duly approved by Council on May 30, 2000, returned to City Council by the Mayor as disapproved at today's Session of Council. The question is shall Bill No. 010695 pass notwithstanding the Mayor's disapproval. I will say please note that an aye is a vote to override the Mayor's veto. A no vote is to sustain the Mayor's veto. Any questions?

Councilwoman Blackwell

Madam President, I assume a no vote means you're against the bill; am I correct?

Council President Verna

I will repeat. Aye is to override the Mayor's veto. A vote of no is a vote to sustain the Mayor's veto.

Councilwoman Blackwell

Thank you.

Council President Verna

You're

Councilman Nutter

I wish to speak on the bill, Madam President.

Council President Verna

The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. I'm sorry, Madam President. Is this the appropriate moment for comments? Has the title been read and we've gone through all that?

Council President Verna

We read the title.

Councilman Nutter

Madam President, again, I will do my best to be brief. I need to appeal to my colleagues who voted in favor of this bill initially. The residents of Wynnefield, Overbrook and Manyunk primarily have had difficult times over the past few years, and we are actively working with colleges and institutions that are located in the 4th District. The intention was to only try to deal with issues in the 4th District. And I need to appeal to my colleagues sense of fairness and concern about citizens throughout this City, that those residents not be left in a completely unprotected position over the course of summer as they try to enjoy a quality of life in their neighborhoods. I support those colleges and institutions. I enjoyed having the students in our neighborhoods. And I am working with specifically St. Joe's University on a proposed development project which ultimately will help to resolve a number of issues in those respective neighborhoods. But in the meantime, the residents of those communities have had many, many meetings. They have suffered on many days and many nights. And I need to ask my colleagues for their support in this particular matter. There have been issues raised -and as I've always tried to do with my colleagues, and I certainly make that commitment here today, if issues have been raised here, quite honestly, at virtually the 11th hour about some interpretation issues, I commit to all of you to work on this matter going forward to resolve any of those issues. But I cannot leave the residents of Wynnefield and Overbrook and Manyunk and many other parts of the 4th District in a situation where they will have no relief over the course of the summer going into the fall. And I ask for your support on this particular bill that is of great interest to many residents in the 4th District. Thank you, Madam President.

Council President Verna

Thank you. The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Thank you, Madam President. Madam President, I'd like to sponsor of the bill, if I could ask, to clarify the letter dated June 12th in reference to vicarious liability. The Administration apparently has a concern that other college students going in that area could be affected. So could he clarify that point, please?

Councilman Nutter

Councilman, I appreciate the request. I received this message this morning similar to yourself. And to be honest with you, I have not actually, since we've been engaged in a number of matters, been able to fully read the response from the Mayor. I've had no conversation with him about this particular issue. Nor were any of these issues raised at the public hearing in the committee. Again, the primary purpose of this bill is to deal with issues that are strictly within the bounds of the 4th Councilmatic District affecting colleges and universities that are located in the 4th District. That was the of the amendments that were made a couple weeks ago. It is very difficult to comment on many of the items that the Mayor has raised because there's been no discussion about it. And I am reluctant to say that there may in fact be some factual errors in some parts of the message. There would be a responsibility on the colleges and universities located in the 4th District. I've had numerous discussions with those colleges and universities about that particular issue. We are working in concert to resolve many of the issues that are affecting residents of the 4th District, and I understand their concern and they understand my concern. And we're going to continue to work in a spirit of cooperation out in the 4th District.

Councilman Rizzo

Thank you, Madam President.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I voted against this bill and certainly ask my colleagues to consider that. Notwithstanding the fact that I graduated from St. Joseph's University nearly 30 years ago. That's I received my master's degree when I was teaching. I'm happy to work with my colleague in that regard with working with them. And I understand every district Councilperson's responsibility to help people in their neighborhoods and in the neighborhoods of universities. But making universities responsible for students from 18 to 22, whether they get a traffic ticket or whether they're acting act, would cause the universities to create a whole level of bureaucracy to deal with crime when they could be spending that money on neighborhood improvement projects and on programs in schools as they do in my district and in many other ways, job training, schools, and numerous other programs. For these reasons, certainly I ask my colleagues to consider the dangerous precedent that it would set to make universities responsible for students 18 to 22-year-olds. Thank you.

Council President Verna

Thank you. The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Madam President, there is an outstanding issue with respect to this particular bill. As Councilman Nutter has indicated, this issue was at 11th hour. But I just wanted to say that I'm very concerned about any universities in my district who may happen to have a student in Councilman Nutter's district and create a problem for the residents. I want to ensure that Temple University, as an example, is not responsible for that individual who finds himself visiting a friend at St. Joseph's University. The Councilman is indicating a willingness to address that. And it probably will be in amendment form. Councilman. I'm giving the councilman a wink, for the record.

Council President Verna

Councilman Nutter, I think you ought to address that for the record.

Councilman Nutter

I didn't hear the first part, Councilman.

Councilman Clarke

Essentially, it's the conversation that we had with respect to students from, say, Temple University as an example who may be culpably for some actions out in the St. Joseph University area. As I indicated earlier, it was my concern that Temple can somehow be held for that. You have indicated that you are willing to deal with that. And I just wanted to say for the record -- not that I don't believe you, because I do. But I just wanted to say for the record we would like -- if in fact it's found out that the language associated in this particular bill will make Temple University culpable that we will address that language in the near future.

Councilman Nutter

Absolutely, Councilman. The only interest here, and certainly my only interest is in dealing with issues that are within the 4th District and the colleges and universities located in the 4th District with whom I have a good working relationship. And that is certainly my commitment to you and all of Council. And I appreciate your asking the question.

Councilman Clarke

Thank you.

Council President Verna

At this time, the Chair recognizes Councilwoman Miller.

Councilwoman Miller

Thank you, Madam President. I am one to talk to Councilman Nutter regarding some of the issues in this bill that may raise the issue of fundamental unfairness. And he and I have agreed to talk because I am working on same type of issues in one of the college areas in my district. And in the future, we may have to put together some type of legislation. But the Councilman has agreed, and I'm glad to hear that he stated it publicly, that he will continue to work on the areas, particularly those around the issue of vicarious liability. So I wanted to make that statement. I know that residents are having a real hard time having peace and tranquility and quietness in their neighborhoods when they live right close by a university or college. And I understand that the young people are children, but at some point they must take more responsibility for their own behavior, the children and their parents more so than the -- and the universities, I think we're still trying to work together. The City, the Police Department, the University has been very cooperative. We've been working with neighbors. And if we get to the point where we need to introduce legislation, we will do that and create some type of boundaries in terms of housing, student residential housing district in the 8th Councilmatic District. Thank you.

Council President Verna

Thank you. Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. For the record I should say I passed out information last week from the University of Pennsylvania. I also have Drexel University. I also have University Sciences of Philadelphia. And I have branches for Penn State, Lincoln University Cheney University, and Community College. Thank you. So I have a lot of experience in this issue and certainly still feel that it is a dangerous precedent to pass legislation making universities responsible for a kid who gets a ticket or otherwise has a legal problem. I really believe that we need to donate no money in positive ways to the positive programs for these young people and for people who live in neighborhoods. Thank you again, Madam President.

Council President Verna

Thank you. Any other statements from the Members of Council? Seeing none, I would ask the Clerk to please call the roll.

Councilwoman Blackwell

No.

Councilman Clarke

Aye.

Council President Verna

I'm sorry, is that an aye?

Councilman Clarke

Aye.

Council President Verna

Okay. I would like to remind everyone that an aye vote is to override the Mayor's veto. A no vote is to sustain the Mayor's veto.

The Clerk

Councilman Cohen.

Councilman Cohen

Aye.

The Clerk

Councilman DiCicco.

Councilman Di Cicco

Aye.

The Clerk

Councilman Goode.

Councilman Goode

Aye.

The Clerk

Councilman Kenney.

Councilman Kenney

Aye.

The Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

No.

The Clerk

Councilman Longstreth.

Councilman Longstreth

No.

The Clerk

Councilman Mariano.

Councilman Mariano

Aye.

The Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

The Clerk

Councilman Nutter.

Councilman Nutter

Aye.

The Clerk

Councilman O'Neill.

Councilman O'Neill

No.

The Clerk

Councilman Ortiz.

Councilman Ortiz

Aye.

The Clerk

Councilwoman Reynolds-Brown.

Councilwoman Reynolds-Brown

Aye.

The Clerk

Councilman Rizzo.

Councilman Rizzo

No.

The Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

The Clerk

Council President Verna.

Council President Verna

Aye. The vote is 12-5, a two-thirds majority of all Members of Council having voted in the affirmative, the Mayor's veto is sustained -(Inaudible response.)

Council President Verna

I'm sorry. It's getting a little busy up here. Again, I will say two-thirds Members of Council having voted in the affirmative, the Mayor's veto overridden. Thank you. Does that make it clear enough for the record? READING, FINAL PASSAGE There are no bills on the First Reading Calendar today. The Chair now recognizes Councilwoman Blackwell for the purpose of calling bills on Second Reading and Final Passage Calendar to be considered today.

Councilwoman Blackwell

Thank you, Madam President. Today Bill Nos. 020309; 020253; 020274; 020279; 020282; 0202383; 020284; 020315; 020317; O2O345; 020346; 020075, 020275; 020338; 020340; 020348; 020355; 020361; 020312; 020316 -I'm not sure. Councilman O'Neill, is 020316, are you moving on that, the bottom of ?

Councilwoman Blackwell

All right. 020316; 020347; 020380; 020381; 020380; 020381; 020383; 020384; 020167; 020168; 020254, 020257, 020259, 020277, 020339; 020341; 020342; 020349; 020350; 020351; 020352; 020354; 020356; 020357; 020358; 020359, 020360; 020362; and 020310. All other bills listed on our Calendar are being held.

Council President Verna

Thank you. READING, FINAL PASSAGE Councilman O'Neill, you wish to be recognized?

Councilman O'Neill

I'll yield to Councilman Cohen.

Council President Verna

The Chair recognizes Councilman Cohen.

Councilman Cohen

As Council prepares for summer recess and in the interest of having working people also enjoy the summer a little better, I move that Bill No. 020309, that's that the bill which would exempt low income workers from the wage tax, 2be taken from the table. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 020302 which was tabled last week be removed from the table. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed. (No.)

Council President Verna

Roll call vote.

The Clerk

Councilwoman Blackwell. READING, FINAL PASSAGE

Councilwoman Blackwell

Madam President, I assume this would be to hold the bill?

Council President Verna

To remove it from being tabled.

Councilwoman Blackwell

Thank you. Aye.

The Clerk

Councilman Clarke.

Councilwoman Blackwell

Madam President, I'm voting with Councilman Cohen. Am I wrong? Oh, you're removing it from being tabled. I thought you were removing it from the Calendar.

Council President Verna

No.

Councilwoman Blackwell

I'm sorry. I do not support that. No, Madam President. I'm sorry.

Councilman Cohen

(Inaudible, not on microphone.)

Council President Verna

It was tabled last week. The Councilman has made a motion to remove it from the table.

Councilman Cohen

I think we ought to have a full discussion before we go to summer READING, FINAL PASSAGE recess.

Councilwoman Blackwell

To remove it from being tabled?

Council President Verna

Tabled.

Councilman Cohen

Yes, so that it can be discussed. I think everybody here, a lot of people in the audience here for that purpose of hearing how Council feels about whether working poor people, low-income people ought to be freed from the burden of the wage tax.

The Clerk

Councilman Clarke.

Council President Verna

Councilman Clarke, how are you voting?

Councilman Clarke

No.

Councilman Cohen

It's part of democratic party policy, it's supported by the republicans, it's non-controversial. Let's do it in Philadelphia -

Council President Verna

Councilman Cohen, the motion was seconded. We are taking a vote. Councilman Cohen, how are you voting on this?

Councilman Cohen

I'm voting aye to remove it from the table.

Council President Verna

Okay, READING, FINAL PASSAGE Councilman DiCicco would be next. 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

No.

The Clerk

Councilman Longstreth.

Councilman Longstreth

No.

The Clerk

Councilman Mariano.

Councilman Mariano

No.

The Clerk

Councilwoman Miller.

Councilwoman Miller

No.

The Clerk

Councilman Nutter.

Councilman Nutter

Aye.

The Clerk

Councilman O'Neill.

Councilman O'Neill

No.

The Clerk

Councilman Ortiz.

Councilman Ortiz

Aye.

The Clerk

Councilwoman Reynolds-Brown.

Councilwoman Brown

No.

The Clerk

Councilman Rizzo. READING, FINAL PASSAGE

Councilman Rizzo

No.

The Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

The Clerk

Council President Verna.

Council President Verna

Aye. Are votes are 8 ayes, 9 nays and the motion fails.

Councilman Cohen

We will try to find out from the Councilmembers how they feel and why they voted against a bill that provide a decent and a better life for all people in Philadelphia, particularly for the working poor which is a tenet of the democratic party and supported by the republican administrations in Harrisburg and Washington.

Council President Verna

The Clerk will please read the title of Bill No. 020253.

The Clerk

An ordinance approving the redevelopment proposal of the Redevelopment Authority of the City of Philadelphia -

Council President Verna

Oh, I'm sorry. Councilman O'Neill.

Councilman O'Neill

Madam Chair, thank you. Before the roll starts, I'd like to note for READING, FINAL PASSAGE the record that I'll be abstaining on Bills 020340 and 020361 as I did in committee last week. The law firm with which I'm associated is involved in each of these bills, and I took no part in any discussions or deliberations. Thank you.

Council President Verna

Thank you. The Clerk will please read the title of Bill No. 020253.

The Clerk

An ordinance approving the redevelopment proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the Ontario Urban Renewal Area.

Council President Verna

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

The Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

The Clerk

Councilman Clarke.

Councilman Clarke

Aye.

The Clerk

Councilman Cohen.

Councilman Cohen

Aye.

The Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. READING, FINAL PASSAGE

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.

Councilman Nutter

Aye.

The Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

The Clerk

Councilman Ortiz.

Councilman Ortiz

Aye.

The Clerk

Councilwoman Reynolds-Brown.

Councilwoman Brown

Aye.

The Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

The Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. READING, FINAL PASSAGE

The Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020274.

The Clerk

An ordinance to amend the Philadelphia Zoning maps by changing the zoning designations of certain areas of land located within an area bounded by Morris Street and Vare Avenue.

Council President Verna

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

The Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

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. READING, FINAL PASSAGE

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.

Councilman Nutter

Aye.

The Clerk

Councilman O'Neill.