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Minutes

Committee Hearing, June 8, 1998

Philadelphia City Council Committee HearingsJun 8, 1998

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 Kenney

That you will get.

Mr. Campbell

Thank you.

Councilman Kenney

Thank you very much. I don't believe I need anyone else from Licenses and Inspections at this point. Thank you very much for your work and your patience, and the Law Department also thanks you.

Mr. Campbell

Thank you, sir.

Councilman Kenney

Thank you, appreciate you being here. - - - 53 COUNCIL COMMITTEE ON RULES - BILL NO. 970714

Councilman Kenney

We are now going to deal with some proposed amendments to Bill No. 4 970714. The Chair recognizes John O'Connor, from Councilman Kenney's office, to walk through and explain the amendments to this particular bill. So that the public knows, at this point, we are not going to report Bill No. 970714 out of committee today. It will be held to the call of the Chair, but we're going to ask the committee to approve the amendments offered today. Please identify yourself for the record and proceed.

Mr. O'Connor

Good morning. John O'Connor, Legislative Aid to Councilman James Kenney. Our first amendment appears on of the legislation, under Section 3, entitled "Real Estate Agent." The proposed amendments will read as follows: Real Estate Vehicle. A vehicle registered to a real estate licensee or real estate brokerage company to whom a business 54 COUNCIL COMMITTEE ON RULES - BILL NO. 970714 privilege license has been issued by the City of Philadelphia.

Councilman Kenney

So the words "licensed" and "agent" are being removed.

Mr. O'Connor

That is correct.

Councilman Kenney

Okay.

Mr. O'Connor

Additional language: Said real estate licensee must be a bona fide resident of the City of Philadelphia.

Councilman Kenney

Where is that at?

Mr. O'Connor

That follows the proceeding language in. . . It's actually 12-2901, Section 3, Real Estate Agent Vehicle.

Councilman Kenney

Fine, okay. Please proceed.

Mr. O'Connor

All right. Continuing in the section which will now be 4, the new 4. We are taking out -- on line number 4, we are deleting the word "selling."

Councilman Kenney

What's the purpose of that? What is the purpose of that amendment?

Mr. O'Connor

The purpose of that is to make the term "real estate service" more 55 COUNCIL COMMITTEE ON RULES - BILL NO. 970714 inclusive. Rather than just including selling, it also includes brokerage or appraisal services.

Councilman Kenney

Fine. And in the next, 12-209, we're just removing the word "selling" again?

Mr. O'Connor

We're removing the word "selling" in the third line. Also, in paragraph 1 of 12-2902, we're deleting the following language, beginning on line 6 -- pardon me, beginning with the word "contractor." "Contractor vehicle may be parked without limitation as to time. Real estate agent vehicle may be parked for no more than two hours unless is parking otherwise permitted in such parking space for a longer period. The Authority may the location where temporary business parking permits will be honored." That' entire -- that language is being deleted.

Councilman Kenney

For what reason? Is that the loading zone issue?

Mr. O'Connor

I'm sorry?

Councilman Kenney

Is that the loading 56 COUNCIL COMMITTEE ON RULES - BILL NO. 970714 zone issue?

Mr. O'Connor

That's one of the issues.

Councilman Kenney

Okay, but it does deal with loading zones primarily?.

Mr. O'Connor

Yes, it does. We're also including language to determine what areas will be covered by the real estate license.

Councilman Kenney

Fine second.

Mr. O'Connor

And the following language is being inserted: "When a vehicle displaying a current and valid temporary business parking permit is being asked for real estate" --

Councilman Kenney

Being used -- I'm sorry.

Mr. O'Connor

". . . service, the driver may park up to two hours, and without payment of any parking meter fees on streets where parking is limited as to time but not prohibited unless parking is otherwise permitted in such parking space for a longer period. Temporary parking permits used for real estate service are valid only in the area bounded by Spring Garden 57 COUNCIL COMMITTEE ON RULES - BILL NO. 970714 Street on the north, Bainbridge Street on the south, the Delaware River on the east, and the Schuylkill River on the west. The Authority may limit the locations where temporary business parking permits will be honored."

Councilman Kenney

Okay.

Mr. O'Connor

That's the new language.

Councilman Kenney

Please proceed.

Mr. O'Connor

Moving on to , line 5, we're deleting the word "selling."

Councilman Kenney

Okay.

Mr. O'Connor

Which is between "real estate" and "service."

Councilman Kenney

Mm-hmm.

Mr. O'Connor

The end of this -- this in fact is under 12-2902, Section 3. In the second to last line, we are deleting the words "$50" and replacing that language, excuse me, with "$300."

Councilman Kenney

Okay.

Mr. O'Connor

Continuing to the bottom of the page, under 12-2904, Prohibited Conduct, Section 1, the last line would be line 6, and we are deleting again the word "selling." 58 COUNCIL COMMITTEE ON RULES - BILL NO. 970714 On , under Section 12-2904, Section 2, fourth line, we're also deleting the word "selling." That would complete the amendments offered for Bill No. 970714.

Councilman Kenney

Thank you very much. That will conclude, I think the business on this bill. We are going to hold this bill to the call of the Chair and deal with it in September when we come back. We're going to attempt, when I get members of the committee back in, to approve the amendments so that the bill 15 that will be discussed back in September will be this amended bill. And we'll have an opportunity over the -- the parties interested in this bill will have an opportunity over the summer to do whatever, contact with Councilmembers that are necessary to garner significant support for it to pass. And what we will do is, we will have the new bill printed as amended and then provide that to you so that you can do what you need to do to contact your appropriate Councilmembers at 59 COUNCIL COMMITTEE ON RULES - BILL NO. 970714 district and at large. That will conclude the business of the public hearing on the Rules Committee. Bill No. 5 970714 held to the call of the chair, and I would request that the members of the Rules Committee return to vote on Bill No. 970713 and the amendments to 970714, Councilmember Verna, I think, and Councilmember Cohen. Thank you. - - - 60 COUNCIL COMMITTEE ON RULES - PUBLIC MEETING

Councilman Kenney

We have now concluded the business of the Rules Committee public hearing; we will now convene a public meeting. The Chair recognizes Councilmember Verna to approve the amendments to Bill No. 8 970713.

Councilwoman Verna

Mr. Chairman, I move that the amendments, as submitted by the Department of Licenses and Inspections, be approved. (Duly seconded.)

Councilman Kenney

Moved and seconded. All in favor, aye? There are none opposed. Bill No. 18 970713 will be amended accordingly. The Chair recognizes Councilmember Verna for a motion on the amended bill.

Councilwoman Verna

Mr. Chairman, I move that Bill No. 970713 be reported out of committee with a favorable recommendation, as amended, and that the rules of Council be suspended so as to permit first reading at our 61 COUNCIL COMMITTEE ON RULES - PUBLIC MEETING next session of Council. (Duly seconded.)

Councilman Kenney

It's been moved and seconded. All in favor, aye? There are none opposed. Bill No. 8 970713, as amended, will be reported out of this committee favorably, and a request will be made for rules suspension to allow for first reading at next Council session. The Chair recognizes Councilmember Cohen for a motion to approve the amendments offered to Bill No. 970714.

Councilman Cohen

Mr. Chairman, I move that the amendments offered to Bill No. 970714 be approved.

Councilwoman Verna

Second.

Councilman Kenney

Moved and seconded. All in favor, aye? There are none opposed. Bill No. 22 970714 will be amended accordingly, and that bill 23 will be held to the call of the Chair. And that will conclude the business of the Rules Committee. Thank you for your 62 COUNCIL COMMITTEE ON RULES - PUBLIC MEETING attendance. (Adjourned at 11:27 a.m.) - - - 63 C E R T I F I C A T E I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of June 8, 1998, were reported and accurately by me, and that this is a correct transcript of same. RE: COUNCIL COMMITTEE ON RULES BILL NO.'S 970713, 970714 __________________________________, JOSEPHINE CARDILLO, Registered Professional Reporter