Councilwoman Tasco. STATED MEETING - 2ND, FINAL READING CAL. - 970845
Aye. The ayes are 16, the nays are 0. Majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 970485. The clerk will please read the title of the bill.
An Ordinance amending Section 19-201 of The Philadelphia Code, entitled "City Depositories," by prohibiting certain electronic fund transfer fees or surcharges.
This bill having been read on two different days, the question now is shall the bill pass finally? The Chair recognizes Councilwoman Fernandez.
Thank you, Mr. President. I have several concerns about this bill. One is procedural and then some substantive problems STATED MEETING - 2ND, FINAL READING CAL. - 970845 with this bill. First, in terms of procedures for this Council in order to be able to make an informed decision of whether to vote for or against this bill, I have asked my staff all week for the notes of testimony from the hearings on this bill, and as of 9:30 this morning I was still unable to get the notes of testimony. I had particularly wanted to check what Emma Shapel (ph) who is president of the United Bank had said. She had testified against this bill, but left no written testimony. And so I had wanted to see in greater detail and review what she has said. So I would urge my colleagues to vote against this bill until we have a chance to really look at the record. I have asked the sponsor of this bill to hold it and I was hopeful that he would make such a decision so that I and other colleagues could make an informed vote on this bill. But let me say I also have substantive issues with this bill, and the first would be that in the testimony by the finance director in the hearing on this bill, the finance director testified STATED MEETING - 2ND, FINAL READING CAL. - 970845 that if passed -- this is a quote. "If passed the City would be unable to use any Philadelphia area bank for our principal banking services." The 12 largest regional banks, including Philadelphia Federal Credit Union, all impose ATM fees. Therefore, we have to find a bank outside of the Philadelphia region to handle our payroll and other payments. In the entire State of Pennsylvania, we could locate only three banks that do not impose ATM fees. Those are Republic, the Bank of Lancaster, and the Beaver Valley Bank. I, like many people on this Council are very concerned that the City would be doing business and doing our major business with a bank that is not in the City of Philadelphia. Secondly, I think this bill sends a very bad message to businesses in the City that in the haste at the end of this session this Council did not have the time to seriously consider all the implications and actually carefully review the testimony on this bill. A third issue is with ATM fees. I signed on as a sponsor of this bill when it was introduced because I thought I too get very angry at STATED MEETING - 2ND, FINAL READING CAL. - 970845 all these ATM fees that keep popping up and increasing, and I think we need to take a careful look at them and I think Council is in a position to do that. But I, again, do not think the hearings afforded that opportunity. I think there is a big difference between banks charging ATM fees for non-customers who use their banking services and banks that charge fees for their own customers to withdraw or deposit from their bank. And in the hearings, those distinctions were made, and I think need to be made very carefully for people as they consider this bill. A fourth reason I am opposing this bill is in some of the testimony, again, which was unclear and I think needs further amplification, there was some charges by some of the witnesses that low-income bank customers are being charged in either direct or indirect ways for withdrawing funds from their own account. Yet those witnesses provided no clear evidence of that, nor was there an opportunity at further hearings to get it clear whether some banks in the City are in fact charging customers for using their own funds, whether it's through ATM charges or otherwise. STATED MEETING - 2ND, FINAL READING CAL. - 970845 Again, I feel we should not in the haste of the last of this session pass a bill that members of Council have not had time to seriously consider, and secondly, a bill that also may in fact be bad policy. Thank you, Mr. President. So I intend to vote no on this bill and I would urge my colleagues to do likewise.
Councilwoman, I have been supplied a copy of the notes of testimony on this bill and have been informed that they've been around for a little while. Unfortunately -
If there had been some miscommunication on behalf of any member of the Chief Clerk's office, and if you or staff got bad information, we can only apologize for it and I will certainly look into it. But I'm informed that the notes of testimony are here and offer the STATED MEETING - 2ND, FINAL READING CAL. - 970845 Councilwoman a copy of them so that you can have them. Perhaps while we debate this bill, you might see something in there that is important to you. I further say that this has probably been as busy a time as anybody has seen in this Council in maybe the a last 10 or 20 years. And people are not perfect, and the people Chief Clerk's office and other offices around here are doing volumes of work on the bills that we have in front of us that far exceeds anything that any of us ever contemplated when we first came here a few years ago. And if it made a mistake and you were misinformed, I apologize for them. But at the same time this is a grueling, grueling process. And for us to have 75, 80 bills at this time, all of which having properly advertised and scheduled for a public hearings and notes of testimony takes a tremendous effort on the part of these people, and I don't want them to think I don't appreciate what they do, but you should get accurate information. If the notes were there, you should have been told that and it should have been made available, and I apologize for that.
Well, again, STATED MEETING - 2ND, FINAL READING CAL. - 970845 Councilman Nutter this morning said he had a copy, but I was not able to get a copy. But I have also substantive issues with the bill. I think they ought to be carefully considered by this Council.
Thank you very much. Is there anyone else on the bill? The Chair recognizes Councilman Nutter.
Thank you, Mr. President. I greatly respect my colleague's concerns. All I can try to do is make some clarifications for the record and provide some factual information. First, Mr. President, this bill was introduced on June 12, 1997, a year and a week ago. Secondly, I received my copy of the notes of testimony on June 12, 1998 from a hearing that took place on May 28, 1998. Given the nature of all the bills that were coming to the Council, I chose not to ask for a suspension of the rules. My colleague may recall that as she participated in that public hearing. Let me further state, Mr. President, that the administration and other people have STATED MEETING - 2ND, FINAL READING CAL. - 970845 expressed this grave concern that somehow we will not be able to conduct business with banks who are current city depositories as a result of this bill. That is factually untrue, Mr. President. All of those banks could come into compliance, they could continue to enjoy a great banking relationship with the City of Philadelphia. Secondly, there is also pending federal and state legislation in this regard. So the City is not the only legislative body looking at this. The hearings did provide an opportunity for good discussion. Unfortunately, almost every bank chose not to come to the hearing and share information and testimony with the exception, and I greatly appreciate it, of Dr. Emma Shapel from United Bank who did show the courtesy to come to this Council and give us good information. In that regard, the banks chose to ignore the public hearing process. Lastly, Mr. President, yes, there are a number of complex bills on our calendar presently. The ATM bill fails in comparison to the airport terminal bill, the trash contracts, and even the bill that we finally ended debate on and voted on, STATED MEETING - 2ND, FINAL READING CAL. - 970845 the sidewalk behavior bill. So this bill in comparison is tremendously less complicated than any of those pieces of legislation, all of which were introduced after this particular bill. I think the time is right and I would ask for the support of my colleagues that we have a vote on this bill right now. Thank you. (Councilwoman Verna assumes the Chair.)
Thank you. The chief clerk will please read the roll.
Aye. STATED MEETING - 2ND, FINAL READING CAL. - 970845
The votes are? STATED MEETING - 2ND, FINAL READING CAL. - 970845
Councilwoman Blackwell is voting aye. Councilwoman Clark is voting aye. Councilman Cohen is voting aye. Councilman DiCicco is voting aye. Councilwoman Fernandez I have as nay.
Councilman Kenney is voting aye. Councilwoman Krajewski is voting aye. Councilman Longstreth is voting nay. Councilman Mariano is voting aye. Councilwoman Miller is voting aye. Councilman Nutter is voting aye. Councilman Ortiz I have as voting aye. Councilman Rizzo is aye. Councilwoman Tasco is STATED MEETING - 2ND, FINAL READING CAL. - 980382 voting aye. Councilwoman Verna is voting aye. Council President Street -(Council President Street resumes Chair.)
So there's one absent, two nays, so that would be 14.
Majority of the members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980382. The clerk will please read the title of the bill.
An Ordinance amending an ordinance approved May 9, 1997 (Bill No. 970168), which authorized the City to sell certain delinquent real estate tax claims, identified on Exhibit A to the Ordinance, to the Philadelphia Authority for Industrial Development.
This bill STATED MEETING - 2ND, FINAL READING CAL. - 980382 having been read on two different days, the question now is shall the bill pass finally? The clerk will call a roll.
Councilman Mariano. STATED MEETING - 2ND, FINAL READING CAL. - 980382
Aye. The ayes are 16, the nays are 0. Majority of all members of Council having voted in the affirmative, the bill passes. The Chair recognizes Councilwoman Fernandez.
Mr. President, I need to leave the chambers for a few minutes, the STATED MEETING - 2ND, FINAL READING CAL. - 980385 session is going on and on, but I'd like to leave my vote yes on any bills that are brought up while I'm out of the room.
The Chair thanks the Councilwoman. Leave will be granted. The next bill for consideration is Bill No. 980385. The clerk will please read the title of the bill.
An Ordinance amending an ordinance approved May 9, 1997 (Bill No. 970168), which authorized the City to sell certain delinquent real estate tax claims, identified on Exhibit A to the Ordinance, to the Philadelphia Authority for Industrial Development.
This bill having been read on two different days, the question now is shall the bill pass finally? The clerk will call a roll.
Councilman Cohen. STATED MEETING - 2ND, FINAL READING CAL. - 980385
Councilman Rizzo. STATED MEETING - 2ND, FINAL READING CAL. - 980456
Aye. The ayes are 16, the nays are 0. Majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 980456. The clerk will please read the title of the bill.
An Ordinance authorizing the Mayor to enter into an amendment to the Agreement authorized by ordinance approved December 29, 1972 (Bill No. 455), as amended, between the City of Philadelphia and the Philadelphia Facilities Management Corporation.
This bill having been read on two different days, the question now is shall the bill pass finally? The clerk will call a roll. STATED MEETING - 2ND, FINAL READING CAL. - 980456
Councilwoman Miller. STATED MEETING - 2ND, FINAL READING CAL. - 970713
Aye. The ayes are 16, the nays are 0. Majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 970713. The clerk will please read the title of the bill.
An Ordinance amending Title 9 of the Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by adding a new Chapter, entitled "Agents," STATED MEETING - 2ND, FINAL READING CAL. - 970713 requiring any person who represents or acts on behalf of another person in ay matter before the Department of Licenses and Inspections.
This bill having been read on two different days, the question now is shall the bill pass finally? The clerk will call a roll.
Aye. STATED MEETING - 2ND, FINAL READING CAL. - 970713