Stated Meeting, January 14, 1999

Aye. THE

Councilwoman Krajewski?

Aye. ROLL CALL ON OVERRIDE OF BILL NO. 980708 THE

Councilman Longstreth.

No. (Interruption.) THE

Councilman Mariano?

Aye. THE

Councilwoman Miller?

Aye. THE

Councilman Nutter?

No. THE

Councilman O'Neill?

Aye. THE

Councilman Ortiz?

Aye. THE

Councilman Rizzo?

Aye. THE

Councilwoman Tasco?

No. THE

Council President Verna?

No. VOICE: Short lived up there, isn't it?

Chief Clerk, you have taken your count. My count indicates the ayes are nine, the nays are six. The override has failed. ROLL CALL ON OVERRIDE OF BILL NO. 980708 VOICE: Some of you have failed. Remember Election Day.

Yes, the ayes are nine. The nays are six. (Interruption.)

A two-thirds majority of the members of Council having voted to override -VOICE: Shame on you. Shame on you.

We will now go into our next order of business. It is the other communications from the Mayor, please. (Interruption.)

We will now get back to business. The Chief Clerk will continue to read other communications from the Mayor. May we have order, please. The noise level is much too high. The Chief Clerk will please read other communications. THE

January 14th, 1999. "To the President and members of the Council of the City of Philadelphia: I am returning herewith as requested by your resolution adopted January 14th, 1999, Bill No. 980657 entitled: 'an Ordinance RESOLUTION RECALLING BILL NO. 980657 Amending Title 9,' entitled: 'Regulation of Businesses, Trades and Professions of The Philadelphia Code by prohibiting the sale of laser pointing devices to minors and regulating the display of laser pointing devices for sale,' for the purpose of reconsideration by the Council of the vote by which said bill passed Council. Respectfully submitted, Edward G. Rendell."

Does the Chief Clerk have any other messages from the Mayor? THE

Yes, I do. Between December 30th and January 8th, the Chief Clerk's office has received 30 bills -- 30 letters from the Mayor, which -- where he has signed Bills that were passed by Council. And that's all of the communications.

Does the Chief Clerk have a reconsideration on the Laser Point Bill? We will now consider another special order of business: Resolution calling -- recalling Bill No. 980657. The Chair recognizes Councilman Mariano.

Thank you, Madam President. I want to offer one resolution. RESOLUTION RECALLING BILL NO. 980657

The Chief Clerk will please read the title of the resolution. THE

The resolution requesting the Mayor to return to Council, Bill No. 980657, entitled: "An ordinance amending Title 9, entitled: 'Regulation of businesses, trades and professions of The Philadelphia Code, by prohibiting the sale of laser pointing devices to minors, and regulating the display of laser pointing devices for sale,' for the purpose of reconsideration by the Council of the vote by which said bill passed Council."

The Chair recognizes Councilman Mariano.

Madam President, I move for the adoption of this resolution.

Do I hear a second? (Duly seconded.)

All those in favor will signify by saying "aye." (Indicating.)

Those opposed will say "nay." The ayes have it. The resolution is COMMUNICATIONS FROM THE MAYOR adopted. The Chief Clerk will read the letter from the Mayor. THE

January 14th, 1999. "I am returning herewith as requested by your resolution, adopted January 14th, 1999, Bill No. 980657, entitled, 'An Ordinance Amending Title 9,' and entitled: 'Regulation of businesses, trades and professions of The Philadelphia Code by prohibiting the sale of laser pointing devices to minors and regulating the display of laser pointing devices for sale,' for the purpose of reconsideration by the Council on a vote by which said bill passed council."

The Chair recognizes Councilman Mariano.

I move for the adoption.

Councilman, I believe your script says, he will move to reconsider the vote of Bill No. 98 -

I don't have the second page. I move to reconsider the vote of Bill SECOND READING AND FINAL PASSAGE OF BILL NO. 980657 No. 980657.

Do I hear a second?

Second.

All of those in favor let it be known by saying "aye." (Indicating.)

Those opposed? The ayes have it. The motion is passed. The Chief Clerk will please read the title of Bill No. 980657. THE

Bill No. 980657, an ordinance amending Title 9, entitled: "Regulations of businesses, trades and professions of The Philadelphia Code by prohibiting the sale of laser pointing devices to minors and regulating the display of laser pointing devices for sale."

The Chair recognizes -I'm sorry. All of those voting -- I'm sorry, can you speak into the mike? All of those voting "aye" will be voting in favor of the reconsideration. All of those voting "nay" will be voting against. The Chief Clerk will please read the roll. SECOND READING AND FINAL PASSAGE OF BILL NO. 980657 THE

Councilwoman Blackwell. Councilwoman Clark.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Longstreth.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ortiz. FIRST READING OF BILL NO. 980657

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco.

Aye. THE

Council President Verna.

Aye. The ayes are 14, I believe, and we have Councilwoman Blackwell not present. The ayes are 14, the nays are 0. The majority of the members having voted in the affirmative, the vote by which Bill No. 980657 was passed has been reconsidered. This bill now is on the second and final passage reading calendar and is in front of us today. The clerk will please read the title of the bill again. THE

"An ordinance amending Title 9 entitled: 'Regulation of businesses, trades and professions of The Philadelphia Code by prohibiting the sale of laser pointing devices to minors and regulating the display of laser pointing devices for sale.'" FIRST READING OF BILL NO. 980657

This bill, having been approved and reconsidered, it is now in front us. The Chair recognizes Councilman Mariano for the amendments.

Thank you, Madam President. Madam President, I offer amendments.

The Chair -- I'm sorry. Does everybody have a copy of the amendments? I think everybody has a copy, so there is no need for the amendments to be read. The stenographer will please be given a copy of the amendments. The Chair now recognizes Councilman Mariano for a motion.

Madam President, I move for the adoption of the amendments.

Do I hear a second? (Duly seconded.)

Properly moved and seconded, the question now is, all in favor will signify by saying "aye." (Indicating.) FIRST READING OF BILL NO. 980657

Those opposed. (No verbal response.)

The ayes have it. The amendment was adopted. This bill will be added to the second reading and final passage calendar for our next meeting. Yes.

Just a point of clarification.

Yes.

Will the -

I'm sorry, we can't hear anything, Councilwoman.

Can you hear me now? I think I'm on. I believe that it would be easier for the members to understand if the maker of the amendment will say what the amendment does. What it says to me is that it does not in any material way change the bill, but rather corrects an omission by inserting the word that was left out. We do not change the material meaning of the bill. The word that was left out was "sell."

Correct. INTRODUCTION OF BILLS AND RESOLUTIONS Councilwoman Clark, as you are aware that is outstanding, that is exactly the point; a word was let out. Thank you. Councilwoman Clark was correct. It does not change the substance of this bill at all.

So all of those in favor of the amendment will say "aye." (Indicating.)

Those opposed? The ayes have it. The motion is carried. The amendment is adopted. This bill will be added to the second reading and final passage calendar for our next meeting. Our next business is reports from committees. It is my understanding that we have no reports from committees. Our next order of business is introduction of Bills and Resolutions. The Chair recognizes Councilwoman Clark.

Madam President, I have no Bills or Resolutions.

The Chair recognizes Councilman Cohen.

No Bills or INTRODUCTION OF BILLS AND RESOLUTIONS Resolutions.

Thank you. The Chair recognizes Councilwoman Krajewski.

Madam President, I have to Bills or Resolutions.

The Chair thanks you. The Chair recognizes Councilwoman Miller.

Thank you, Madam President. I have one bill.

The Chief Clerk will please read the bill. THE

"An ordinance declaring it desirable for the health, safety and welfare of the people in the area served by Chestnut Hill College, a nonprofit corporation organized under the laws of the Commonwealth of Pennsylvania which operates facilities located at 9601 Germantown Avenue in Philadelphia, Pennsylvania, for the hospitals and higher education facilities authority of Philadelphia to undertake a project for Chestnut Hill College and approving the buildings and facilities included in such projects." INTRODUCTION OF BILLS AND RESOLUTIONS

The Chair -- the bill will be referred to the appropriate committee. Is Councilman Nutter in the room?

He had just walked off the floor.

The Chair recognizes Councilwoman Tasco.

Madam President, I have one resolution.

The Chief Clerk will please read the resolution. THE

"The resolution commemorating and celebrating the 70th anniversary of the birthday of the Reverend Dr. Martin Luther King, Jr."

The Chair recognizes Councilman Tasco.

Madam President, I move for the adoption of the resolution.

Second.

By a standing vote?

And it is also sponsored by Councilwoman Clark.

All of those in favor INTRODUCTION OF BILLS AND RESOLUTIONS of the adoption of the resolution will signify by saying "aye." (Indicating.)

Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilman DiCicco.

Madam President, I have no Bills or Resolutions.

The Chair thanks the gentleman. The Chair recognizes Councilman O'Neill.

Madam President, I have no Bills or Resolutions.

Thank you. The Chair recognizes Councilman Longstreth.

I have no Bills or Resolutions.

The Chair recognizes Councilman Rizzo.

No Bills or Resolutions.

Thank you. INTRODUCTION OF BILLS AND RESOLUTIONS Are there any other Councilmembers in the room that have bills or resolutions? Saying none, we will continue -

I have two bills to review.

The Chair recognizes Councilman Mariano.

I have two bills. THE

First bill, "an ordinance of any Section 9205 of The Philadelphia Code entitled 'Sidewalk Sales.' By permitting business owners to conduct sidewalk sales on Frankford Avenue between Adams Avenue and Brill Street under certain terms and conditions."

The bill will be referred to the appropriate committee. THE

"An ordinance establishing a parking regulation on the west side on the 4200 block of Penn Street and the north side of the 1400 block of Church Street."

The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Clark.

Madam Chair, INTRODUCTION OF BILLS AND RESOLUTIONS Councilwoman Blackwell is off the floor, but on her behalf I introduce one resolution proposed by her and me.

The Chair thanks the Councilwoman. The Chief Clerk will please read the bill. THE

"Resolution honoring Trudy Haynes."

All of those in favor of the resolution will signify by voting "aye." (Indicating.)

Those opposed. VOICE: She would speak up.

Who would?

Jannie Blackwell. It's her bill.

The Chair recognizes Councilwoman Blackwell. Councilwoman Blackwell, did you want to speak on the resolution? If you don't -

No, I'm fine. Thank you.

All of those in favor SECOND READING AND FINAL PASSAGE CALENDAR of the resolution will signify by voting "aye." (Indicating.)

Those opposed? The ayes have it. The resolution is adopted. There being no Bills on the first reading calendar, we will now consider Bills on the second reading and final passage calendar. The Chair recognizes Councilwoman Blackwell for the purpose of calling Bills on the second reading and final passage calendar.

Madam President, all bills are being held with the exception of the last four, Bills No. 980549, 980705, 980799, which will be amended, and 980845.

The Chair thanks the Councilwoman. The first bill for consideration is Bill No. 980549. The Clerk will please read the title of the bill. THE

"An ordinance creating the convention center garage tax increment financing district and approving the project plan of the Philadelphia Authority for Industrial Development, SECOND READING AND FINAL PASSAGE CALENDAR for the redevelopment of the convention center garage tax increment financing district being the area generally bounded by 13th Street on the west, Arch Street on the north, Filbert Street on the south, and 12th Street on the east, and making certain findings and declarations, all in accordance with the Tax Increment Financing Act, being the act of July 11, 1990, P.L. 465, No. 113, as amended, and authorizing the director of finance and other officers of the City to execute documents and do all things necessary to carry out the intent of this ordinance."

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

Councilwoman Blackwell.

Aye. THE

Councilwoman Clark.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco. SECOND READING AND FINAL PASSAGE CALENDAR

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Longstreth.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ortiz.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco.

Aye. THE

Council President SECOND READING AND FINAL PASSAGE CALENDAR Verna.

Aye. The ayes are 15, the nays are 0. A majority of the members of the Council having voted in the affirmative, the bill passes. The next being to be called for consideration is 980705. The Chief Clerk will please read the title of the bill. THE

"An ordinance creating the Jump Street Tax Increment Financing District and approving the project plan for the Philadelphia Authority for Industrial Development ("PAID"), for the redevelopment of the Jump Street Tax Increment Financing District being the area generally bounded by 15th Street on the west, Cecil B. Moore Avenue on the north, Broad Street on the east, Oxford Street on the south, and making certain findings and declarations, all in accordance with the Tax Increment Financing Act, being the act of July 11, 1990, P.L. 465, No. 113, as amended, and authorizing the director of finance and other officers of the City to execute documents and do all things necessary to carry out the intent of this ordinance." SECOND READING AND FINAL PASSAGE CALENDAR

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. THE

Councilwoman Blackwell.

Aye. THE

Councilwoman Clark.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Longstreth.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. SECOND READING AND FINAL PASSAGE CALENDAR THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE