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Minutes

Stated Meeting, November 17, 2005

Philadelphia City CouncilNov 17, 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

Council President Verna

The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. Resolution No. 040817 will be placed on the Calendar for our next session of Council. The Chair recognizes Councilman Ramos for a report from the Committee on Labor and Civil Service.

Councilman Ramos

Thank you, Madam President. The Committee on Labor one bill with a favorable recommendation.

Council President Verna

Thank you. The Chief Clerk will please read the report.

Chief Clerk

To the President and members of the Council of the City of Philadelphia, the Committee on Labor and Civil Service, to which was referred Bill No. 050748, entitled "An ordinance amending Title 6 of The Philadelphia Code by adding Chapter 6-900 relating to mold inspections; providing for licensing of residential mold inspectors; and requiring buyers of residential properties to have a licensed mold inspector conduct a comprehensive mold inspection if a home inspection identifies mold or water intrusion, all under certain terms and conditions," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.

Council President Verna

Thank you. The Chair recognizes Councilman Ramos.

Councilman Ramos

Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading of this Bill No. 050748. (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. 050748. All in favor will please say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. Goode for a report from the Committee on Commerce and Economic Development.

Councilman Goode

Thank you, Madam President. The Committee on Commerce and Economic Development reports one bill with a favorable recommendation.

Council President Verna

Thank you. The Chief Clerk will please read the report.

Chief Clerk

To the President and members of the Council of the City of Philadelphia, the Committee on Commerce and Economic Development, to which was referred Bill No. 050202, entitled "An ordinance amending Section 17-109 of The Philadelphia Code, entitled 'Local Bidding Preferences,' by amending the terms and conditions under which a business entity may be certified or continue to be certified as a local business entity entitled to a bidding preference on City contracts," considered the same and returns the attached bill to Council with a favorable recommendation.

Council President Verna

Thank you. The Chair recognizes Councilman Goode.

Councilman Goode

Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 050202. (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. 050202. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.) 11/17/05 - STATED - 1ST READING

Council President Verna

The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. The next order of business is the consideration of the Calendar. The Chief Clerk will please read the bills on the First Reading Calendar.

Chief Clerk

Bill No. 050615, an ordinance amending Section 17-104 of The Philadelphia Code, entitled "Prerequisites to the execution of City contracts, all under certain terms and conditions."

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050740, an ordinance amending Chapter 19-1300 of The Philadelphia Code, entitled "Real Estate Taxes," by providing for a tax credit against real estate taxes for a member of the National Guard or a reserve component of the Armed 11/17/05 - STATED - 1ST READING Forces.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050741, an ordinance amending Chapter 19-1500 of The Philadelphia Code by excluding from tax any compensation paid to active duty military personnel.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050745, an ordinance amending Chapter 19-200 of The Philadelphia Code, entitled "City Funds, Investments and Disbursements," to provide the City with a long-term strategic plan to address disparities in its lending and investment activities.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050746, an ordinance amending Chapter 19-200 of The Philadelphia Code, entitled "City Funds, Deposits, Investments and 11/17/05 - STATED - 1ST READING Disbursement," to deposit funds in the Bank of America.

Council President Verna

The Chair agrees.

Chief Clerk

Bill No. 050747, an ordinance amending Chapter 19-200 of The Philadelphia Code to deposit funds in the Advance Bank.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050829, an ordinance amending Chapter 19-200 of The Philadelphia Code to deposit funds in Wachovia Bank.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050830, an ordinance amending Chapter 19-200 of The Philadelphia Code to deposit funds in Republic First Bank.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 040769, an ordinance providing for the 11/17/05 - STATED - 1ST READING submission to the qualified electors of the City of Philadelphia of an amendment to the Philadelphia Home Rule Charter relating to creation, appointment, powers, duties and funding of an independent Board of Ethics.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050014, an ordinance amending Chapter 20-1000 of The Philadelphia Code by requiring candidates for elective City office, treasurer or political committees and other persons to file certain campaign finance reports with the Board of Ethics.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050613, an ordinance amending Title 17 of The Philadelphia Code, entitled "Contracts and Procurement," by prohibiting persons from receiving City financial assistance if they or certain 11/17/05 - STATED - 1ST READING related parties have made certain contributions to elected City offices.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 051023, an ordinance amending Title 17 of The Philadelphia Code, entitled "Contracts and Procurement," by adding provisions requiring certain disclosures by persons seeking or awarded competitively bid contracts or concessions.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 051024, an ordinance amending Chapter 20-600 of The Philadelphia Code, entitled "Standards of Conducts and Ethics, all under certain terms and conditions."

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050748, an ordinance amending Title 6 of The Philadelphia Code by adding Chapter 11/17/05 - STATED - 1ST READING 6-900 relating to mold inspections, providing for licensing of residential mold inspectors, all under certain terms and conditions.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050202, an ordinance amending Section 17-109 of The Philadelphia Code, entitled "Local Bidding Preferences," by amending the terms and conditions under which a business entity may be certified or continue to be certified, under certain terms and conditions.

Council President Verna

The Chair agrees. That concludes our First Reading Calendar. The Chair now recognizes Councilwoman Blackwell for the purpose of calling up bills on the Second Reading and Final Passage Calendar.

Councilwoman Blackwell

Thank you, Madam President. Today all bills on 11/17/05 - STATED - 2ND READING Pages 1, and are being held, as well as those on . On , we will hear Bill No. 050408. That will be called up for second reading and final passage. On , Bill No. 050742 will be called up for second reading and final passage, as will Bill No. 050823 and 050824. On , Bill Nos. 050825, 26 and 27 will be called up for second reading and final passage, and Bill 050831 will be amended, and on the final page, we'll call up the last bill listed, 050858.

Council President Verna

Thank you.

Councilwoman Blackwell

Thank you.

Council President Verna

The Chief Clerk will please read the title of Bill No. 050418.

Chief Clerk

An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an 11/17/05 - STATED - 2ND READING area bounded by Christopher Columbus Boulevard, Fairmount Avenue, Front Street and Brown Street.

Council President Verna

This bill having been read on two different days, the question now is shall the bill pass finally. Before the Clerk calls the roll, I recognize Councilman O'Neill.

Councilman O'Neill

Madam President, I will be abstaining on this bill. The law firm with which I am associated, Fox Rothschild, represents the developer in this matter, and I will, therefore, be abstaining. Thank you.

Council President Verna

Thank you. The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke. 11/17/05 - STATED - 2ND READING

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.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown. 11/17/05 - STATED - 2ND READING

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 14, the nays are zero, and the record will reflect that Councilman O'Neill abstained from voting. We will now consider Bill No. 050742.

Chief Clerk

An ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by adding a new chapter setting forth rules and regulations governing Council's consideration of requests for approval of permits to sell malt or brewed beverages for consumption off premises in Philadelphia, all under certain terms and 11/17/05 - STATED - 2ND READING conditions.

Council President Verna

Thank you. This bill having been read on two different days, the question now is shall the bill pass finally. The Chair recognizes Councilman Kelly.

Councilman Kelly

Thank you, Madam President. I just want to say that I don't feel comfortable with this bill at all. I think it's not a very good bill. It was thrown to us from Harrisburg, and I think the intent of this bill is to enforce and control the way stop-and-go's operate in our City. I think that's fine, except it includes everyone, every business, whether they're taverns, restaurants, bars or whatever, that have been dispensing and selling take-out beer for many, many years. They're also included. Now it's going to cost them 600 more dollars. To me, it's a slap in the face 11/17/05 - STATED - 2ND READING of the small business people who have been operating legitimately and legally for many, many years in doing this type of business. This to me, I just don't feel comfortable with it. I don't believe in it, and I'm just going to vote no against this bill. Thank you, Madam President.

Council President Verna

Thank you. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. Madam President, I too will be voting against this bill for all the reasons I've spoken with all of you in Council about. I do believe we have legislation in Harrisburg that may try to correct it, albeit it may be well used for some of us. They're very persuasive about it, as Councilman Kelly certainly said. I have other reasons to feel as I do. I don't believe, as I've said many, many 11/17/05 - STATED - 2ND READING times, that in the initial part the bill was structured in a way that is fair to all concerned and that will best serve this Council purpose. Having said that, we're still looking forward to the legislation in Harrisburg to pass. And for that and other reasons, I will be voting against this legislation and certainly urge my colleagues to do the same. Thank you.

Council President Verna

Thank you. 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

No.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. 11/17/05 - STATED - 2ND READING

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Nay.

Chief Clerk

Councilman Kelly.

Councilman Kelly

No.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

No.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

No.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye. 11/17/05 - STATED - 2ND READING

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

No.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye.

Chief Clerk

The nays are six, the ayes are nine. The bill passes.

Council President Verna

Thank you. 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 - provision for other grants to the Fire Department.

Council President Verna

This 11/17/05 - STATED - 2ND READING 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.

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. 11/17/05 - STATED - 2ND READING

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.

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 11/17/05 - STATED - 2ND READING the affirmative, this bill passes. We will now consider Bill No. 050824.

Chief Clerk

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

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.

Chief Clerk

Councilman Goode. 11/17/05 - STATED - 2ND READING

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.

Chief Clerk

Councilman Rizzo. 11/17/05 - STATED - 2ND READING

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. The next bill to be called for consideration is Bill No. 050825.

Chief Clerk

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

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 11/17/05 - STATED - 2ND READING 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.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. 11/17/05 - STATED - 2ND READING