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Minutes

Stated Meeting, December 13, 2001

Philadelphia City CouncilDec 13, 2001

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

The Clerk

An ordinance amending Section 20-101 of the Philadelphia Code entitled, "Residence Requirements," by providing that an employee in the civil service need not be a bona fide resident of the City when appointed, but must establish and maintain bona fide residence in the FIRST READING CALENDAR City within six months after appointment.

Council President Verna

The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. I'm offering an amendment to Bill No. 010493. That amendment has been circulated. The amendment was made as a friendly suggestion by Councilmember Clarke which I think improves the bill, and I urge the passage of the amendment.

Council President Verna

Everyone has a copy of the amendment? (Duly seconded.)

Council President Verna

It has been moved and seconded that the amendment 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 Bill No. 010646.

The Clerk

An ordinance amending chapter 20-500 of the Philadelphia Code, entitled FIRST READING CALENDAR "Councilmanic Districts," by revising the boundaries of the Councilmanic Districts, under certain terms and conditions.

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 role -Oh, I'm sorry. Councilwoman Blackwell, you have your light on. I'm sorry, I didn't see it.

Councilwoman Blackwell

May I rise to be recognized on this bill?

Council President Verna

Yes, I'm recognizing you.

Councilwoman Blackwell

Thank you. This morning I would like to speak regarding Bill 010646, commonly known as the redistricting bill. As a member of the committee who recommended another bill, a third bill, I rise to request that we work harder in the future to make sure that every member feels included in the process. The two Councilpersons who introduced the second redistricting bill -- because all of us know there are three; we have three prepared maps -- were the last to be included in the process and so felt FIRST READING CALENDAR compelled to fight to represent their constituents and not just accept whatever 15 other members of Council recommended. Again, it is my hope in the future that we work harder to ensure that all members of this Council feel that they have equal representation and equal inclusion across the board. Having said that, I will be voting to support Bill No. 010646 this morning, the redistricting bill. Thank you, Madam President.

Council President Verna

Thank you. The Chair recognizes Councilman Mariano.

Councilman Mariano

Thank you, Madam President. Madam President, I circulated an amendment to this bill and I want to speak on the amendment, if possible. I'll speak on the bill, too. Everyone in Council has the amendments.

Council President Verna

You can offer your amendment.

Councilman Mariano

I'd like to offer the amendment.

Council President Verna

Has it been circulated?

Councilman Mariano

Yes, it has, Madam FIRST READING CALENDAR President. And I would like to speak on the amendment.

Council President Verna

Please do.

Councilman Kenney

Point of order.

Council President Verna

Yes.

Councilman Kenney

Is there a second? (Duly seconded.)

Councilman Mariano

Amended and seconded, thank you. The amendment to this redistricting bill is based on the compromise that was reached in your office, Madam President, and the charts and materials were circulated by your office on November 16th, and it includes the provisions given to Councilwoman Krajewski in the 6th Councilmanic Districts, divisions in the 56th Ward and divides the 23rd Ward by giving six divisions to the 1st District and six divisions to the to 5th District and the remainder in the 7th District. This amendment would create a 43.5 percent Latino district, which I thought was one of the numbers that we were going after. I have to agree with Councilwoman Blackwell on this. I personally have tried to worked this out and I was SECOND READING AND FINAL PASSAGE CALENDAR on the phone from my sick bed yesterday. I seem to have caught the flu over the weekend. And never in the history of City Council has a District Councilperson ever have to give up anything he or she didn't want to give up in a compromise. I'm not willing to give up Frankford in the 23rd Ward, but I'm willing to compromise. I think this amendment would be perfect because it's not a win for me or a defeat for someone else or a win for someone or a defeat for me; it is in the true spirit of compromise that I'm offering this amendment.

Council President Verna

Thank you. The Chair recognizes Councilman DiCicco.

Councilman Dicicco

Thank you, Madam President. I wish to speak on the amendment as well. It's interesting listening to my colleague talk about compromise. From Day One when Council began the process of developing a redistricting plan, I basically sat back and waited and watched. I can't ever recall when I came into the room where the folks were drawing up the plan where I suggested, recommended, or asked for anything. I just sat back and watched the process SECOND READING AND FINAL PASSAGE CALENDAR as it moved forward because I was basically was satisfied with what I originally had, what I represent today, and there weren't too many changes being requested of me at that time. As the process moved forward and the plan began to develop even further, there was an issue which we all understand regarding the 1st District and the 5th Councilmanic District. On the day that plan was introduced and subsequently supported by a vote of 15 to 2, including the sponsor of the amendment that's being offered today, there was some discussion as to the plan itself. The majority leader, Councilwoman Blackwell spoke very eloquently on the issue of coming together as a Council, we needed to work together, we had to work things out. And it really only boiled down, if I can paraphrase what the Councilwoman said at that time, to three divisions in the 8th Ward. The bill passed by a majority vote 15 to 2 million. It later, as we all know, was vetoed by the Mayor. Some of the folks who original voted for the original plan went with the Mayor on the veto. That's okay. That's the way things happen sometimes. SECOND READING AND FINAL PASSAGE CALENDAR If you recall, Madam President, I entered your office either that day or the day after and I said to you, "Council President, whatever it takes for you and the Councilman in the 5th District to resolve the issue in the 8th Ward, you can take it from my district anyway you see fit. I want to get it done. " You convened a committee. The committee sat down and dealt with the issue of the 8th Ward and some other issues that were raised on the day the original bill was passed. One of the issues that was raised on that day was again raised by the Councilperson who is sponsoring an amendment today, and that issue not only dealt with the 8th Ward, but also dealt with the Latino issue. The sponsor of the amendment said on the floor of Council that day that Councilman Ortiz basically failed in his responsibility to represent the Latino district in a fair way in the City by accepting only a 40 percent Latino district and he was delinquent in representing his people, as he said. Councilman Ortiz is the only Latino representative on Council, so it's the only person I guess the sponsor of this SECOND READING AND FINAL PASSAGE CALENDAR amendment meant. So the committee went back to deal with what I understand are two issues: How do you deal with the issue in the 8th Ward and resolve those three divisions? What does the committee do to get a fair representation of the Latino community in the City of Philadelphia. The committee that you convened made up of leadership and other folks and even people on the other side of the aisle, the Republican side, sat down and worked out a compromise bill, a compromise bill. And again, I sat back and I waited and I watched. What was proposed for me now is that not only go into the 45th Ward which no one wanted to share with me, by the way, on the first plan. But now I move further north into the 23rd and the 62nd Ward. I was never in the 23rd Ward on the first bill that the sponsor of the amendment is concerned about. " Councilman DiCicco, the 1st District, SECOND READING AND FINAL PASSAGE CALENDAR was never considering moving into the 23rd Ward or the 62nd Ward. " Which ultimately brings me from Oregon Avenue in South Philadelphia to just below the Oxford Circle in the lower northeast.

Councilman Dicicco

And I said, If this gets us to where we have to get and this is the compromise that is necessary to get a bill that is supported, I will buy in, including the four or five divisions that I gave up in my base in South Philadelphia to the 2nd District so you can resolve the issues with the 5th District Councilperson. And I took it and I said, fine. That became unacceptable to the sponsor of the amendment today because the 23rd ward, as he says, was being taken away. The one I never had in the first place, the one he voted for and subsequently supported the Mayor on the veto which took him out of the 23rd for the most part and put me in it. I did not create the scenario. I don't think there's a District Councilperson in this Chambers who has made the concessions I have made from Day One. And all I'm asking is for my colleagues to understand that it is SECOND READING AND FINAL PASSAGE CALENDAR time for us to get on with the business of this City. I will represent people in whatever divisions and wards in this City the same way I've been representing the people that I represent today, and so will the rest of us. It's time to move on. I'm asking my colleagues to vote against this amendment and support the bill that came out of your committee. Thank you, Madam President.

Council President Verna

Thank you. The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Madam President, as many of you all recall, I was involved in the original, quote/unquote, controversy associated with the redistricting issue. At that time, I had indicated to members that I felt that the process was somewhat unfair. I felt that I did not have an opportunity to have adequate input. As a result of that and other things that happened, a process was set up that was fair that did include members of Council. There was in my mind an attempt to include all interests of all Councilmembers by setting up a committee. That committee in fact met with me first, I do believe, on the issues of the 8th Ward. SECOND READING AND FINAL PASSAGE CALENDAR I don't characterize my issues solely as the 8 Ward as my friend and colleague Councilman DiCicco represented. My issues always was the number of new residents that I will pick up into the district. That happened as a result of a substantial number of divisions taken out of the 8th Ward, but that was never solely the issue related to my concerns about my district. With respect to the 8th Ward, the changes that were made were not as a result of the 39th Ward divisions. Those were simple swaps from divisions that you had given to me under a former plan. You took those back. You gave me divisions back that I formerly represented, so I just want to clear that up. But as it related to that particular process, we sat down in a room and we talked about compromises. I was asked by members and even by yourself to talk to certain members who had some levels of concerns about their districts, and I did that. I did that after a heated discussion in your office and I was dispatched as an envoy. I kind of felt like Colin Powell on that particular day. And I was actually able to get what I thought people to SECOND READING AND FINAL PASSAGE CALENDAR commit to some things. And it was my impression, and I was subsequently told later on that I didn't hear what I thought I heard, that members agreed to swap divisions and to come up with a compromise. And as a result of that, there was a map that was produced by your staff and I thought also by the Redistricting Committee that I though reflected a reasonable compromise. But now we find ourselves here questioning whether or not what compromise was the accurate compromise. I continue to always hold out hope that we at some point can come to some agreement that's reasonable that reflects the interest of the Latino community, that reflects best case scenario for all Members of Council. So I ask that we consider the interest of everybody. Over the recent weeks and months, there has been a certain level of divisiveness in the Council, and I'm extremely concerned, as I talk to you last night about that issue. We are going to have to work together at a minimum for the next two years. So I ask us to come up with some solution to resolve this issue, Council President. I don't have a solution today. I don't know what we SECOND READING AND FINAL PASSAGE CALENDAR should do. Members will vote the way they will vote. But I ask for all of the members to truly take to this into consideration and hopefully bring us back together so we can handle the business of today. Thank you, Madam President.

Council President Verna

Thank you very much, Councilman. The Chair recognizes Councilman Mariano.

Councilman Mariano

Thank you, Madam President. I'll make this quick and then we'll put it to rest. I was amazed by Councilman DiCicco's theory of history, and what he pretty much was doing was verbatim something that he told the Northeast News Leader. But he left one part out of it which will make a whole lot of sense, I'll put that part into the record. This is from yesterday's Northeast News Leader. It says, Mariano's biggest backer is influential electricians party voice John Dougherty who is also treasurer of Democratic City Committee. DiCicco said that the talk in South Philadelphia is a Dougherty protege will challenge him int he '03 Democratic primary. He said he has incentive to help a Dougherty alli like Mariano in the redistricting process, since that would allow SECOND READING AND FINAL PASSAGE CALENDAR Dougherty to focus more on ousting him in two years. That's the point in a nutshell. I'm a big boy. I can play politics. In the spirit compromise, Council President, I will withdraw my amendment and we'll see what happens after we roll the dice. Thank you.

Council President Verna

Thank you. We will move forward with the consideration of the adoption of the ordinance. The Clerk will please call the roll.

The Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

The Clerk

Councilman Clarke.

Councilman Clarke

No.

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

Aye. SECOND READING AND FINAL PASSAGE CALENDAR

The Clerk

Councilman Longstreth.

Councilman Longstreth

Aye.

The Clerk

Councilman Mariano.

Councilman Mariano

No.

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 Reynolds-Brown

Aye.

The Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

The Clerk

Councilwoman Tasco.

Councilwoman Tasco

Yes.

The Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 15, the nays are 2. This bill passes as a result of a majority of Council voting in the affirmative. The next bill to be called for SECOND READING AND FINAL PASSAGE CALENDAR consideration is Bill No. 010557.

The Clerk

An ordinance amending Title 14 of the Philadelphia Code relating to "Zoning and Planning," by amending Chapter 14-1600, entitled "Miscellaneous," by adding a new section 14-1623, entitled "Frankford Special Services District Controls," under certain terms and conditions.

Council President Verna

The Chair recognizes Councilman Mariano.

Councilman Mariano

Aren't we supposed to have an amendment to this?

Council President Verna

Does everyone have a copy of the amendment? Councilman, would you offer your amendment, please?

Councilman Mariano

The amendment on Bill 010557 does the following: It places the sunset provision in the bill that would rescind the overlay on December 31, 2005 or at the expiration of the Frankford Special Service District, whichever is latter. It exempts new car dealerships from the provision of the overlay. And that's pretty much it.

Council President Verna

Thank you. SECOND READING AND FINAL PASSAGE CALENDAR Would you move for the adoption, please?

Councilman Mariano

Move for the adoption, Madam President. (Duly seconded.)

Council President Verna

It has been moved and seconded that the amendment 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. I'm sorry. I am really ahead of myself today. The Clerk will please read the title of 010647.

The Clerk

An ordinance amending an ordinance approved June 13, 1997, as amended, which approved the redevelopment proposal, the urban renewal plan and the relocation plan of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the new Kensington Fishtown Urban Renewal Area.

Council President Verna

This bill SECOND READING AND FINAL PASSAGE CALENDAR 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 Di Cicco

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. SECOND READING AND FINAL PASSAGE CALENDAR

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. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 010648.

The Clerk

An ordinance amending an ordinance approved December 15, 1969, as amended, which approved the redevelopment proposal, the urban renewal plan and the relocation plan of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the Model Cities Urban SECOND READING AND FINAL PASSAGE CALENDAR Renewal Area, all as contained in the 28th amendment of the redevelopment proposal and the 20th amendment to the urban renewal plan.

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 Di Cicco

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. SECOND READING AND FINAL PASSAGE CALENDAR

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 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. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 010649.

The Clerk

An ordinance amending an ordinance approved December 22, 1987 which approved SECOND READING AND FINAL PASSAGE CALENDAR the redevelopment proposal and urban renewal plan of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the Cecil B. Moore Avenue 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 Di Cicco

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. SECOND READING AND FINAL PASSAGE CALENDAR

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 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. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill being called for consideration is Bill No. 010690.

The Clerk

An ordinance amending Title SECOND READING AND FINAL PASSAGE CALENDAR 9 of the Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," to require the sponsors of a "planned event" held at any premises to obtain a permit for such event, all under certain terms and conditions.

Council President Verna

The Chair recognizes Councilman DiCicco.

Councilman Dicicco

Thank you, Madam President. I would like to offer an amendment to Bill No. 010690. A copy of the amendment has been circulated to all members of Council. And I further move for the adoption of the amendment. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the amendment be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.) The ayes have it, and the motion carries. The next bill to be called for consideration is Bill No. 010662. SECOND READING AND FINAL PASSAGE CALENDAR

The Clerk

An ordinance authorizing transfers in appropriations for Fiscal Year 2002 from the Grants Revenue Fund, the Director of Finance to the General Fund, the City Representative and the Director of Commerce.

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 Di Cicco

Aye.

The Clerk

Councilman Goode.

Councilman Goode

Aye.