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Minutes

Stated Meeting, November 3, 2005

Philadelphia City CouncilNov 3, 2005

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

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.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye. 11/3/05 - STATED - 2ND READING

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. The ayes are 15, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The next bill to be called is Bill No. 050789.

Chief Clerk

An ordinance amending Section 2 of an ordinance, Bill No. 040511, approved June 21, 2004, by extending the time for compliance with conditions stated therein.

Council President Verna

This bill having been read on two different days, the question now is shall the bill 11/3/05 - STATED - 2ND READING pass finally. The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

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. 11/3/05 - STATED - 2ND READING

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

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. The ayes are 15, the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 11/3/05 - STATED - 2ND READING 050471.

Chief Clerk

An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $1 million to assist in the construction of a new rehearsal facility for the Rock School of Ballet.

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.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye. 11/3/05 - STATED - 2ND READING

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.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye. 11/3/05 - STATED - 2ND READING

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 15, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The final bill to be called for consideration is Bill No. 050792.

Chief Clerk

An ordinance approving the Fiscal Year 2006 Capital Budget providing for expenditures for the capital purposes of the Philadelphia Gas Works and acknowledging receipt of the Forecast of Capital Budgets for Fiscal Year 2007 through 2011.

Council President Verna

This bill having been read on two different days, the question now is shall the bill pass finally. 11/3/05 - STATED - 2ND READING The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

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. 11/3/05 - STATED - 2ND READING

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

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. The ayes are 15, the nays are zero. A majority of all members having voted in the affirmative, this bill passes. That completes our Calendar for today. We will now take up the 39 APPLICATIONS consideration of applications for take-out beer permits under Act 39. There are 11 applications that must be considered at today's session of Council. If no action is taken on those applications today, they will be deemed approved under the provision of Act 39 that requires Council to act within 45 days of the date of the application. We have distributed to each of you in advance of today's session a copy of the Hearing Examiner's recommendation on each of the applications, as well as the transcripts of the hearings. We will briefly recess this Council session and go into an Executive Session of Council in the Caucus Room. The purpose of the Executive Session will be to conduct deliberations on the take-out beer permit applications. Only Councilmembers and staff will be permitted to attend the Executive Session. At the completion of the 39 APPLICATIONS Executive Session, the Council session will resume and we will then vote on the resolutions to approve or disapprove the applications. Therefore, it shouldn't take us more than 15 minutes to do that, and Council will now stand in recess for 15 minutes. We will go directly into the Caucus Room, please. (Short recess.)

Council President Verna

Council session is now reconvened. Council will please come to order. We will now consider applications for take-out beer permits, and at this time, the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I offer 11 resolutions on your behalf.

Council President Verna

Thank you. Does the Chief Clerk have them?

Council President Verna

We 39 APPLICATIONS will now consider the resolutions introduced by Councilwoman Blackwell in the order in which these applications appear on the previously-distributed list. The Clerk will please read the title of the first resolution.

Chief Clerk

A resolution rejecting the recommendation of the Hearing Examiner and approving the following application for a permit to sell malt and brewed beverages for consumption off premises: Mr. B's Spot, 2213 South 6th Street.

Council President Verna

Thank you. 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 properly seconded that 39 APPLICATIONS the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed?

Councilman Goode

Nay.

Council President Verna

The ayes have it. The record will reflect that Councilman DiCicco has recused himself. Have you not?

Councilman Dicicco

I was jumping the gun. I thought you were going to say I was voting nay.

Council President Verna

Councilman DiCicco, have you recused yourself?

Councilman Dicicco

Yes, I have.

Council President Verna

The record will reflect that Councilman DiCicco recused himself and Councilman Goode is voting in the negative. All 39 APPLICATIONS other members have voted in the affirmative. Therefore, the resolution is adopted.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving the following application for a permit to sell malt and brewed beverages for consumption off premises: Lambert and Galasso, 2301 East Albert Street.

Council President Verna

The Chair again 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 properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those 39 APPLICATIONS opposed?

Councilman Goode

Nay.

Council President Verna

The ayes have it, the resolution is adopted, and the record will reflect that Councilman DiCicco recused himself and Councilman Goode has voted in the negative.

Chief Clerk

A resolution accepting the Hearing Examiner's recommendation and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: McNamees Cafe, 899 North 66th 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

It has been moved and seconded that the resolution be adopted. 39 APPLICATIONS All in favor will please say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The record will reflect that Councilman Nutter has recused himself and that all other members have voted in the affirmative. Therefore, the resolution is adopted.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving the following application for a permit to sell malt and brewed beverages for consumption off premises: 6400 Red Sea Inc., 6400 Vine Street.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. 39 APPLICATIONS (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, the resolution is adopted, and the record will also reflect that Councilman Nutter has recused himself.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: Joseph Pernitsky, 980 North Lawrence Street.

Council President Verna

The Chair recognizes Councilwoman Blackwell. 39 APPLICATIONS

Councilwoman Blackwell

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

Council President Verna

It has been moved and properly seconded that the resolution 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 resolution is adopted, and the record will reflect that Councilman Clarke has recused himself.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: 2748 Salmons Inc., 2748 North 29th 39 APPLICATIONS 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

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, the resolution is adopted, and the record will show that Councilman Clarke has recused himself.

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 39 APPLICATIONS consumption off premises: Iberia Cafe Inc., 4638 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

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

Council President Verna

Those opposed? (No response.)

Council President Verna

Councilman Clarke, you did not recuse yourself on this particular application, correct?

Councilman Clarke

That's correct.

Council President Verna

So, therefore, it was moved and seconded and 39 APPLICATIONS we have a unanimous vote on this particular resolution, which has been adopted.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: Ramon Gonzales, 1400 North 7th Street.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

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

Council President Verna

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

Council President Verna

Those opposed? (No response.) 39 APPLICATIONS

Council President Verna

The ayes have it, the resolution is adopted, and the record will again reflect that Councilman Clarke has recused himself.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving the following application for a permit to sell malt and brewed beverages for consumption off premises: MIMM Corp., 100 West Wyoming Avenue.

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

It has been moved and seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)

Council President Verna

Those 39 APPLICATIONS opposed? (No response.)

Council President Verna

The ayes have it. The record will reflect that Councilman Mariano had recused himself.

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: Pete Ryan's Pub, 4628 North Mascher Street.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

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

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.) 39 APPLICATIONS

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, the resolution is adopted, and the record will reflect that Councilman Mariano had recused himself.

Chief Clerk

A resolution accepting the Hearing Examiner's recommendation and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: Hometown Tavern Inc., 7610 Ogontz Avenue.

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

Thank you. It has been moved and seconded that the resolution be adopted. Councilwoman Tasco has recused herself. 39 APPLICATIONS All in favor of the adoption of the resolution will please indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. Are there any speeches on the part of the Minority? (No response.)

Council President Verna

Are there any 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 the 10th, 10:00 a.m., 2005. (Duly seconded.)

Council President Verna

It has been moved and seconded that Council stand adjourned until Thursday, November 10, 2005 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 and the motion carries. Thank you very much. (Stated Meeting adjourned at 12:40 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 3, 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.)