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Minutes

Stated Meeting, November 10, 2005

Philadelphia City CouncilNov 10, 2005

People mentioned

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Organizations mentioned

Council President Verna

Thank you. The Chair recognizes Councilman Clarke.

Councilman Clarke

Madam President, I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 050858. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill No. 050858. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The 11/10/05 - STATED - 1ST READING ayes have it and the bill just read will be on our First Reading Calendar for today. The next order of business is the consideration of the Calendar. I would ask the Chief Clerk to please read the bills on the First Reading Calendar.

Chief Clerk

Bill No. 050797, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Grant Avenue, Bustleton Avenue, Bowler Street and the Roosevelt Boulevard.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050831, an ordinance amending Title 14 of The Philadelphia Code relating to Zoning and Planning, by amending Chapter 14-1100, entitled "Industrial Development District."

Council President Verna

The 11/10/05 - STATED - 1ST READING Chair agrees.

Chief Clerk

And Bill No. 050858, an ordinance consenting to the transfer of control of Area II cable television franchise from Urban Cable Works of Pennsylvania to Time Warner Cable, and television franchise from Urban Cable Works of Philadelphia to Time Warner Cable, both under certain terms and conditions.

Council President Verna

The Chair agrees. That completes our First Reading Calendar for today. The Chair now recognizes Councilwoman Blackwell for the purpose of calling bills to be considered on the Second Reading and Final Passage Calendar.

Councilwoman Blackwell

Thank you, Madam President. All bills on Pages 1 through 5 are being held. On , the bill at the bottom, Bill No. 050822, is being called up for second reading and 11/10/05 - STATED - 2ND READING final passage, and all bills on are being called up for second reading and final passage.

Council President Verna

Thank you very much.

Councilwoman Blackwell

Thank you.

Council President Verna

At this time, I would ask the Clerk to please read the title of Bill No. 050822.

Chief Clerk

An ordinance authorizing transfers in appropriation for Fiscal Year 2006 within the Grants Revenue Fund from the Director of Finance to the Department of Records.

Council President Verna

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.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. 11/10/05 - STATED - 2ND READING

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. (No response.)

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill. 11/10/05 - STATED - 2ND READING

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. I ayes are 14, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 050823.

Chief Clerk

An ordinance authorizing transfers in appropriation for Fiscal Year 2006 within the Grants Revenue Fund from the Director of Finance to the Fire Department. 11/10/05 - STATED - 2ND READING

Council President Verna

Councilwoman Krajewski, I understand you want to be recognized.

Councilwoman Krajewski

Yes, Madam Chair. I just would like to hold the bills for one more week.

Council President Verna

Just a moment.

Councilwoman Krajewski

That would be -

Council President Verna

Which bills are we referring to?

Councilwoman Krajewski

Bill 050822 -

Council President Verna

We just voted on that.

Councilwoman Krajewski

I'm sorry; 823.

Council President Verna

So you want to hold 823, 824, 825 and 826?

Councilwoman Krajewski

And 827.

Council President Verna

Fine. If there's no objection, those bills will 39 APPLICATIONS also be held.

Councilwoman Krajewski

Thank you.

Council President Verna

You're welcome. Therefore, that completes our Calendar for today. We will now take up the consideration of applications for take-out beer permits under Act 39. As previously announced, Council held an Executive Session to conduct deliberations on these applications. At this time, the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. Today I offer three resolutions on your behalf.

Council President Verna

Thank you. We will now consider the resolutions introduced by -- they have to be read. I would ask the Chief Clerk to 39 APPLICATIONS please read the title of the resolutions.

Chief Clerk

A resolution rejecting the Hearing Examiner's recommendation and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: 4659 Virginia's Inc., 4659 to 61 North 5th Street.

Council President Verna

Thank you. The Chair recognizes Councilwoman Blackwell for a motion on the resolution.

Councilwoman Blackwell

Thank you, Madam President. I move for 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.) 39 APPLICATIONS

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the record will reflect that Councilman Mariano had recused himself. The Chief Clerk will please read the title of the second resolution.

Chief Clerk

A resolution rejecting the recommendation of the Hearing Examiner and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: 5261 Perez Inc., 5261 North 5th Street.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

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

Council President Verna

I'm sorry. Councilwoman Blackwell. 39 APPLICATIONS

Councilwoman Blackwell

Madam President, I move for 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 please say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted.

Chief Clerk

A resolution rejecting the recommendation of the Hearing Examiner and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: J&K Corp. Inc., 3517 Lancaster Avenue.

Council President Verna

39 APPLICATIONS Again, the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for 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 please say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. That completes our business for today. Are there speeches on the part of the Minority? (No response.)

Council President Verna

Are there speeches on the part of the Majority? We have quite a few that want to be recognized. First to be recognized will be Councilman Goode.

Councilman Goode

Thank you, Madam President. Two months ago I reported findings on small business lending by the City Controller. As reported earlier, in the period from 1998 to 2003, the percentage of loans in low- and moderate-income communities grew from 39 percent to 52 percent in terms of the number of loans to small businesses, but the Controller's report concluded that while it's heartening to note the number of loans increase, equitable access remains a challenge. City Council commissioned two comprehensive studies of small business and home lending disparities by the National Community Reinvestment Coalition. The first study was released earlier this week. The findings were small business loans in all minority census tracts, African-American, Latino and Asian, was only 34 percent, while the minority population comprised over half of the City. The smaller businesses of less than $1 million in annual revenues comprise 58 percent of all small businesses, but received less than a third of small business loans. Yet, most of our City depositories actually gave a majority of the loans to those smaller businesses, but our largest City depository, Wachovia, gave only 16 percent of its loans to those small businesses, dragging all the numbers down for their peer depositories. Wachovia also gave only 18 percent of its home mortgages to African-Americans and only 30 percent of home mortgages to women. In fact, Wachovia, in the midst of a hot real market in Philadelphia, has proven to be to deny the American dream of home ownership to black people, the very same Wachovia that last spring disclosed financial ties to slavery. They clearly have no shame. Thank you.

Council President Verna

You're welcome. The Chair recognizes Councilman Ramos.

Councilman Ramos

Thank you, Madam President. I want to recognize all veterans on their day tomorrow for their service to our country, their sacrifice, and for all the thousands and thousands that have given up their lives in behalf of the people of America. Particularly I want to recognize those military folks that work in our offices. I know of two, so I'm sorry if I miss the other ones. I recognize you as well. But Pat Dugan, who served in Iraq out of Councilman office, a special congratulations to you. And to Corporal Tony Jenkins from my office, who did two tours of duty in Vietnam. He said he jumped out of a helicopter 51 times. He says it might have been more, but he only remembers 51 times, and he was out there in the jungle fighting for our freedom. He's a wonderful, wonderful man and a good, good staff person. Thank you, Madam President.

Council President Verna

You're welcome. (Applause.)

Council President Verna

At this time, the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I rise to speak regarding the issue of former U.S. Secretary of Education, Bill Bennett, and the School District contract that has been discussed and certainly reviewed even in the news our former colleague and former Education Chair, Gussie Clark, just before coming in, and she, among many others, are very upset that the vote failed three-two to deny him the contract with the School District of Philadelphia with regard to a company K-12 Inc., and certainly we want to tell her that we support her and we support those who voted, although it was in the minority, to deny a contract with the School District of Philadelphia for former U.S. Secretary of Education who would make such disparaging remarks. Thank you very much.

Council President Verna

You're welcome. The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. I would like to take the opportunity to read an e-mail that I recently, and it's representative of a growing number of e-mails that I've been getting on the subject. I don't necessarily agree with the e-mail, but I want you to hear it because I want people in the body to understand what the mindset of some of our citizens are out there. "Please help all like me facing this. Thank you. I am a retired person on a fixed income. This new real estate proposal that you passed will devastate my income. Why are you doing this? Why don't you think about all of us who can't do this without hardship that will put me out of my home that I believed would be my salvation in my old years? What are you going to do with my situation? It's a killer that will make me homeless, one more on the streets of Philadelphia. How cruel you are and the Council is that passes this awful hardship." Now, it really isn't accurate, because we haven't passed anything. The required us to do this equalization, and the Board of Revision of Taxes, who was appointed by the Board of Judges, is doing the work. I'm sure we will deal with this and we will have to deal with it as time goes on, but I think it's important that the people in this body understand that this issue is being framed by many people incorrectly that this is something that Council is imposing upon them, and I would like to keep that in mind as we move forward, because I think this is going to be a very difficult issue to articulate to our taxpayers and citizens as we go forward in this. Thank you.

Council President Verna

Thank you very much. And I think the e-mail that you read was probably received by all of us. I know I received it. And I truly believe, and I agree with you, that people are certainly of the impression that we, as Council, are really not this issue. There's going to be a great deal of discussion on it. And I know I'm not supposed to be speaking on this now, but I agree with you. I think it's of great concern. It's a very complicated issue, and it's one that all of us are going to have to work together on. At this time, I would like to recognize Councilman Nutter.

Councilman Nutter

Thank you, Madam President. Madam President, I wish to thank my colleagues for their advice and concern, criticism, suggestions and ideas with regard to the recently passed ballot question on Tuesday amending the Home Rule Charter and putting into effect a new series of requirements regarding non-competitively bid contracts. I think this was great work by this body. And I want to try to make it as clear as possible that while any number of us were either co-sponsors on other involvement, this was a collective effort. This is one City Council that takes action, and the body took an action. Mayor Street signed the necessary legislation to then allow the voters to have their say, as required by our Home Rule Charter. So no one of us gets to pass a bill or a resolution by ourselves. They require nine votes or, in some matters, 12 votes. And so all of us share in the collective responsibility and, at the same time, should get the collective recognition. So I want to say to my colleagues thank you very much for all of the work and effort, to the groups and organizations that were involved in galvanizing citizen support, whether it was the Pennsylvania Economy League or Philadelphia Forward, Greater Philadelphia Chamber of Commerce and many, many others, and then to the citizens, who did pay attention in an times characterized as maybe not necessarily the most exciting in the four-year cycle of elections. People were paying attention and I think care about this particular issue as it affects our City. And preliminary review of Tuesday's results seemed to indicate that the measure passed in every ward in the City by margins of 65 percent up to, in some, 95 percent, with the City-wide breakdown of 86 percent of the people voting yes. So I think that the public in many instances is not only paying attention to what's going on but, when they have the opportunity, speak out on these particular issues, and it's left to us to figure out what to do and then turn it over to the voters. So the process has worked and I think worked well, but the members of this City Council deserve certainly the recognition for allowing that to happen in the first place, and I thank all of my in this effort. Thank you, Madam President.

Council President Verna

You're welcome. Are there any other speeches on the part of the Majority? (No response.)

Council President Verna

Seeing none, the Chair recognizes Councilwoman Tasco for a motion to adjourn.

Councilwoman Tasco

Madam President, I move that Council stand adjourned until Thursday, November 17th at 10:00 a.m. (Duly seconded.)

Council President Verna

It has been moved and seconded that Council stand adjourned until Thursday, November 17th at 10:00 a.m. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The motion carries. Thank you. (Stated Meeting concluded at 12:00 p.m.) CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on November 10, 2005, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)