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Minutes

Stated Meeting, June 9, 2005

Philadelphia City CouncilJun 9, 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 Chair agrees.

Chief Clerk

Bill No. 050457, an ordinance granting permission to Longacre Holdings to operate and maintain an open air sidewalk cafe.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050548, an ordinance authorizing the Water Commission on behalf of the City to enter into an agreement with the owner of the property and successors 2401 Walnut Street.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050468, an ordinance granting permission to Maria Bontigao, owner of Tabula Rasa Cafe to operate and maintain an open air sidewalk cafe.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill 050469, an ordinance authorizing the Water Commission on behalf of the City to enter into an agreement with the owners of the properties and their successors 923 rear units 1, 2 and 3.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050511, an ordinance amending Chapter 9-200 of the Philadelphia Code entitled "Commercial Activities on Streets."

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050512, an ordinance authorizing the Water Commission to enter into an agreement at 1500 South Front Street.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050514, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 307.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050516, an ordinance authorizing and directing revision of lines and grades in a portion of City Plan No. 120.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050517, an ordinance authorizing the paving of Uber Street under certain terms and conditions.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050569, an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to execute an easement agreement under certain terms and conditions.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050572, an ordinance authorizing the paving of Valley Green Court under certain terms and conditions.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050573, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed at 250 Fountain Street.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050574, an ordinance authorizing and directing revision of lines and grades on a portion of City Plan No. 299.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050384, an ordinance enacting a new Section 9-213 of the Philadelphia Code entitled "Farmers' Markets" to provide for the licensing and regulations of farmers' markets.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050016, an ordinance amending Chapter 19-1400 of the Philadelphia Code entitled "Realty Transfer Tax" under certain terms and conditions.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050508, an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to purchase real estate known as the part of Kensington and Tacony Industrial Tract.

Council President Verna

The Chair agrees.

Chief Clerk

And Bill No. 050509, an ordinance authorizing the Commissioner of Public Property and the executive director of the Fairmount Park Commission on behalf of the City of Philadelphia to enter into an agreement to lease to Friends of Father Judge under certain terms.

Council President Verna

The Chair agrees. At this time, the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move that the rules of Council be suspended so as to permit an amendment to be offered to Bill No. 050504 at this time.

Council President Verna

Do I hear a second? (Duly seconded.)

Council President Verna

All in favor will please signify by saying aye. (Chorus of "ayes.")

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. And again the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. On your behalf, I would like to offer an amendment to Bill No. 050504. A copy of the amendment has been circulated to all members of Council. I move for the adoption of the amendment. (Duly seconded.)

Council President Verna

It has been moved and seconded that the amendment be adopted. All in favor will please indicate by saying aye. (Chorus of "ayes.")

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and Bill No. 050504 is amended. Bill No. 050504 and all other bills read by the clerk on the first reading calendar will be placed on our second reading calendar for final passage at our next session of Council. Councilman Nutter, your light is on. Did you want to be recognized, sir?

Councilman Nutter

Yes, Madam President. If this is the appropriate time, I know one matter has taken place with regard to the previous bill. Madam President, I've also circulated an amendment with regard to Bill 050506, and I wish to move at this time that the rules of Council be suspended so as to permit the offering of an amendment to that bill at this time. (Duly seconded.)

Council President Verna

It has been moved and seconded that the rules of Council be suspended so as to permit the consideration of the adoption of an amendment. On what bill was that, sir?

Councilman Nutter

050506.

Council President Verna

050506. All in favor will please say aye. (Chorus of "ayes.")

Council President Verna

Those opposed? (Chorus of "nays.")

Council President Verna

I believe we need a role call vote.

Councilman Kenney

Is this on suspension of the rules or adoption of the amendment? Suspension of the rules, thank you.

Council President Verna

Suspension of the rules, which we just approved on a previous bill. The Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No.

Chief Clerk

Councilman Clarke.

Councilman Clarke

No.

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

No.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

No.

Chief Clerk

Councilman Mariano.

Councilman Mariano

No.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

No.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

No.

Chief Clerk

Councilwoman Reynolds-Brown.

Councilwoman Reynolds-Brown

No.

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 ayes are eight. The nays are nine. The amendment fails -- the suspension fails.

Council President Verna

The suspension fails. The Chair 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 Bill Nos. 050266A, 050235 will be withdrawn, 050236, 050232, 050496, 97, 98, and 99, 050059, 050294 are all being called up for second reading and final passage, and the one withdrawal will be called up as well.

Council President Verna

Thank you.

Councilwoman Blackwell

All other bills will be held.

Council President Verna

Thank you. I would ask the Chief Clerk to please read the title of Bill No. 050266A.

Chief Clerk

An ordinance amending Title 9 of the Philadelphia Code entitled "Regulation of Business, Trades and Professions" by providing further for the filing of rates by public parking garages under certain terms and conditions.

Council President Verna

This bill having been read on two different dates, 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 Cohen.

Councilman Cohen

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

Councilman Mariano.

Councilman Mariano

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 Reynolds-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 17, 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. 050235.

Chief Clerk

An ordinance repealing an ordinance approved by the Mayor on January 25, 2005, Bill No. 041041 entitled An Ordinance authorizing the Commissioner of Public Property and director of commerce on behalf of the City to enter into a ground lease agreement with the Philadelphia Authority for Industrial Development.

Council President Verna

The Chair recognizes Councilman DiCicco regarding Bill No. 050235. COUNCILMAN DiCICCO: Thank you, Madam President. I'm calling up this bill. We'll be asking for the bill to be withdrawn and I'd like to speak on it for one moment.

Council President Verna

The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. As a result of the budget that was passed last week by this Council and the fact that the money has been restored to the library, which was our main mission from the beginning, I feel at this time it's appropriate to withdraw this bill. I do want to take this opportunity to thank all the library -Friends of the library, all the groups, the nonprofit groups throughout the city for their effort in convincing the administration and members of Council that it was in the best interest that we have our local branch libraries restored to at least to where they were back in January of this year. So I wanted to also thank my colleagues for supporting this bill initially which enabled us to have that discussion which ultimately led to the money being placed back in the library, and I also want to thank the administration for their cooperation. So I'm asking this bill be withdrawn.

Council President Verna

Councilman Clarke, did you want to be recognized? Your light was on.

Councilman Clarke

Yes.

Council President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Madam President, I want to thank the sponsor of this legislation to repeal earlier legislation that was approved by Council; therefore, not setting a precedent when a Councilmember other than the sponsor of the original bill repeals a bill and I'm glad that we did not have to set the precedent understanding that this is a citywide issue. But as the original sponsor of the bill, I want to thank him for withdrawing that repeal.

Council President Verna

The Chair recognizes Councilman Kenney.

Councilman Kenney

Councilman Clarke's comments deal with just bills being repealed or those being introduced in other people's districts? Are your comments concerning bills only repealed or bills that are introduced in other people's districts?

Councilman Clarke

No; the bill that was introduced to repeal the bill I introduced as the district Councilperson, which is my understanding in recent memory it has not been done in this City Council. And I did not want to -

Councilman Kenney

Maybe you ought to refresh the memory then. COUNCILMAN DiCICCO: I appreciate the comments by my colleague, Councilman Clarke. I don't want to go back into history, but there was a time when the former and late Councilman Thatcher Longstreth introduced a zoning ordinance in my councilmanic district. And that wasn't the reason I did what I did. I had another mission. But the precedent had been broken a while back a, couple years ago actually.

Councilman Clarke

But he didn't repeal a bill. COUNCILMAN DiCICCO: No, but he introduced legislation in my councilmanic district.

Councilman Clarke

I understand. I was speaking about a repeal of a bill. And I, in fact, voted against that bill. I'm prepared to vote against the bill that Councilman -- the late councilman introduced because I don't think that was the appropriate thing to do. COUNCILMAN DiCICCO: I wish I would have known at the time, but thank you.

Council President Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Madam President, I request to leave the floor for Council business and would like to be recorded as voting aye on all the remaining bills.

Council President Verna

Leave will be granted. Councilman DiCicco has made a motion to withdraw Bill No. 050235. Do I hear a second? (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 050235 be withdrawn. All in favor will please indicate by saying aye. (Chorus of "ayes.")

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion carries. I would ask the Chief Clerk to please read the title of Bill No. 050236.

Chief Clerk

An ordinance dissolving the 1600 North Broad Tax Increments Financing District and creating the Avenue North Tax Increment Financing District.

Council President Verna

This bill having been read on two different dates, 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 Cohen.

Councilman Cohen

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

Councilman Mariano.

Councilman Mariano

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 Reynolds-Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco voting aye. Council President Verna.

Council President Verna

Aye. The ayes are 17, 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. 050232.

Chief Clerk

An ordinance amending Title 14 of the Philadelphia Code entitled "Zoning and Planning" by increasing the permissible height for fences located on the front lot line of certain properties.

Council President Verna

The Chair recognizes Councilman O'Neill.

Councilman O'Neill

An amendment to this bill which has been circulated and also given to the stenographer.

Council President Verna

Councilman, are you asking the Chief Clerk to read it?

Councilman O'Neill

I can read the amendment because it's very brief.

Council President Verna

Thank you.

Councilman O'Neill

In Section 14-231, Subsection 4A.1, in the fourth sentence, the language is added which is and at the end of the sentence, and no more than 50 percent opaque. Basically, it is something that was discussed in committee that while we're raising the height of fences from and a half to in front of homes, they would have to be -- you would have to be able to see through them and not have privacy wall type fences in front of the house. Thank you. I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and seconded that the amendment be adopted. All in favor will please say aye. (Chorus of "ayes.")

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the amendment is adopted. The Chief Clerk will please read the title of Bill No. 050496.

Chief Clerk

An ordinance authorizing the Commissioner of Public Property of streets on behalf of the City of Philadelphia to enter into an agreement with BFI Waste Systems of North America.

Council President Verna

This bill having been read on two different dates, 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 Cohen.

Councilman Cohen

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.