COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, October 20, 2005 10:30 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670
I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes the very popular Father Paul C. Brandt, President of Roman Catholic High School. He is here today as the guest of Councilman Kelly. At this time, I would ask all members and guests to please rise. (Everyone rises.)
Let us pray. God, you are the source of all that is good and all that is loving. We thank you for the many blessings that you bestow upon us as citizens of the City of Philadelphia. We ask you to be with all those who are in need throughout the world, victims of recent natural disasters. Give them strength to rise above the many challenges that they face. Watch over our fellow citizens who are challenged by the realities of violence, homelessness and illness. Give your wisdom to the members of City Council that they may clearly see the concerns of their people within the City of Philadelphia and make the best decisions to continue to improve the lives of those they have been called to serve. We ask this in your name. Amen.
Amen. The Chair thanks Father Brandt for his very inspiring invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meetings -- I'm sorry. level is much too high. Anybody having private conversations, I'd suggest you do it in the corridor. Thank you. The next order of business is the approval of the Journal of the meetings of Thursday, September 29, 2005 and Monday, October 17, 2005, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meetings of Thursday, September 29, 2005 and Monday, October 17, 2005 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meetings of Thursday, September 29, 2005 and Monday, October 17, 2005 stand approved. All in favor will please indicate by saying aye. (Aye.)
The ayes have it, the motion carries, and the Journal of the meetings of Thursday, September 29, 2005 and Monday, October 17, 2005 is approved. The next order of business is requests for leave of absence, and, again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. On behalf of the Majority, there are no requests for leaves of absence today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the Republicans, there are no requests for leave of absence.
Thank Chair will dispense with the regular order of business to recognize the guests and visitors joining us in chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. We certainly invite you to come again. At this time, the Chair recognizes Councilman Rizzo, who will present a resolution honoring KYW News Radio and their 40th anniversary. Will Mr. David Yadgaroff and those accompanying him please join the Councilman at the podium.
Thank you, Madam President. David Yadgaroff, the Vice-President and General Manager of KYW News Radio is joined by his colleague, and we all know these people, Steve Welcome to Philadelphia City Council.
Recognizing, honoring and celebrating the 40th anniversary of KYW News Radio 1060 for the dedication to pioneering and excellence in the way news is reported. Whereas, September 21st marked the 40th anniversary of KYW News Radio 1060; and Whereas, KYW News Radio 1060 serves listeners in the Philadelphia region with all news all the time; and Whereas, KYW News Radio has become the news source that more than 1.5 million listeners tune to each week for the latest of local, national and international news, weather, sports and traffic; and Whereas, KYW News Radio was one of the pioneers in the format, the second country, followed the lead of its group sister station WINS Radio in New York by six months; and Whereas, KYW Radio and its skillful team of news professionals have brought the events that have shaped our community directly to the listeners. From the moon landing to the Move shoot-out, from school teacher strikes to school snow closing numbers, from Woodstock to the tragic events of September 11th, KYW News Radio has been there with award-winning around-the-clock news service; and Whereas, KYW News Radio, an Infinity Broadcasting Station, is the market leader with more listeners than any other radio station in the Philadelphia region and for its integral part of the community and daily life in Pennsylvania, New Jersey and Delaware. Now, therefore, resolved by the Council of the City of Philadelphia, the City Council hereby recognizes, honors 40th anniversary of KYW News Radio 1060 for the dedication to pioneering and excellence in the way news is reported. Further resolved, that an engrossed copy of this resolution be presented to David Yadgaroff, Vice-President and General Manager of KYW News Radio 1060 as further evidence of the sincere admiration and gratitude of this legislative body. And, Mr. Yadgaroff, this was supported by every member of Philadelphia City Council. Congratulations. (Applause.)
Thank you very much. We appreciate the resolution. We're proud to be here. I want to introduce Steve Butler. He's the Director of Programming, and Lauren Lipton, you may her, the Morning Editor, as well as host of Positively Philadelphia. I'd also like to thank City Council for constantly giving us information and news to keep us current and listeners informed. We're proud to be here. We're also proud to be one of a few commercial radio stations licensed in Philadelphia and actually located in the City of Philadelphia. So thank you very much. (Applause.)
The Chair now recognizes Councilman Mariano, who will present a resolution honoring Robert Gessler. I would ask Mr. Gessler and those who are accompanying him to please join the Councilman at the podium. I see that Councilman Kelly is joining
Thank you, Madam President. Honoring Robert Gessler for his service as President of Philadelphia County Board of the Ancient Order of Hibernians. Whereas, Mr. Robert Gessler is the youngest of four children born of Theresa Gessler and Bruce Gessler, and they grew up in the Kensington section of Philadelphia and went to that great institution Northeast Catholic High School and graduated in 1981.
And whereas, Mr. Gessler has been married to fellow life-long Philadelphian, Kathleen Dougherty, for the past 16 years and currently resides with her in the Torresdale section of Philadelphia; and Whereas, Mr. Gessler is the past President of Division 87 -Of course, I belong to Division 88.
-(continued) of the Ancient Order of Hibernians where he served for eight years and as President was recognized by the National Board of the AOH for its numerous charitable endeavors, won three Mayor James Tate Parade Awards and founded a junior division at Northeast Catholic High School. During his tenure, the division grew from 85 members to over 650 when he departed; and Whereas, Mr. Gessler was the President of the Philadelphia County Board for over ten years, during which time he was able to transform the County Board into a powerful force for charitable works in the City of Philadelphia by raising over $500,000 per year for a various myriad of causes; and
Whereas, Mr. Gessler founded the Hibernian Community Development Corporation to provide housing and educational and also authorized the Hibernian Hunger Project, which, through the hard work of numerous Hibernians and donations from AOH members, union organizations and private individuals, has fed over 70,000 people in the Delaware Valley and is now a national initiative for the Order. Now, therefore, be it resolved by the Council of the City of Philadelphia that we hereby honor Robert Gessler and thank him for his exemplary service as President of the Philadelphia County Board of the Ancient Order of Hibernians. Further resolved, that an engrossed copy of this resolution be presented to Robert Gessler as evidence of his high esteem and sincere gratitude of this legislative body. Bob, on a personal note, I am a member of 87 and I was glad to have you as the President, glad to know you, and done for the Hunger thing is just excellent, and people would have to see that in action like I have a few times. You're a true champion, and I'm proud to be Irish and I'm glad my mother was born in Ireland. Thank you.
Thank you, President Verna and all of the Councilmembers, especially Councilman Mariano, Councilman Kelly. It's easy to stand up here, and I think the only reason I was able to do so much is that I'm the biggest Irish person in the City of Philadelphia stature-wise. But none of this gets done without having a dedicated partner like my wife, Kathy. My mom, Theresa, is down there and Kathy's mom and dad, Charlie and Marie. know, as I think back on it, my father, God rest his soul, was formerly involved with the Allegheny Civic Association way back when. I don't know how many people remember that. So I think I got my rabble rouserness from him. But none of this happens really without the dedication and the work of a whole lot of people, not just myself. We are blessed in this City to have people that truly care about others, and the only message I can say is, no one is ever too busy and no one doesn't have enough that they can't help somebody else who needs a little bit more. So I am truly honored by this body, and thank you all very much. (Applause.)
The Chair now recognizes Councilwoman Miller, resolution recognizing October 20, 2005 as Conflict Resolution Day. Will Ms. Cheryl Cutrona and those accompanying her please join the Councilwoman at the podium.
Good morning. Resolution recognizing October 20, 2005 as Conflict Resolution Day. Whereas, conflict resolution encompasses mediation, arbitration, conciliation and other formal and informal responses to conflict; and Whereas, conflict resolution processes empowers individuals, organizations and families to foster communication and devise solutions that are tailored to their particular needs and interests; and Whereas, conflict resolution is being taught and practiced in many school systems throughout the country, not only as a way of solving individual disputes but also as a means towards a more society; and Whereas, your community-based programs are fairly and equitably resolving neighborhood and community conflicts, thereby strengthening community relationships; and Whereas, collaborative responses to conflicts are being used by administrative agencies, businesses and courts to effectively and efficiently resolve disputes; and Whereas, professional associations of conflict resolvers are promoting the peaceful and creative resolution of disputes. Now, therefore, be it resolved by the Council of the City of Philadelphia that October 20, 2005 be recognized as Conflict Resolution Day, and, further resolved, that an engrossed copy of this resolution be presented to Cheryl Cutrona as Executive Director of the Good Shepherd Mediation Program as evidence of the sincere sentiments of is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 29th day of September 2005, signed by Anna C. Verna, President, City Council, introduced by Donna Reed Miller and co-sponsored by all members of City Council. (Applause.)
Well, I'd like to take this opportunity to thank Councilwoman Donna Reed Miller and all of the other members of City Council for recognizing Conflict Resolution Day. As the Executive Director of Good Shepherd Mediation Program and a Board member of the Greater Delaware Valley Chapter of the Association for Conflict Resolution, I'm honored to accept this resolution on behalf of our members and other conflict resolvers our world, conflict between individuals, between individuals and organizations, and between organizations is inevitable, but conflict need not lead to violence, destruction of property or other forms of anti-social behavior. In fact, conflict properly managed and resolved can often generate positive results for those involved in it. The trick, of course, is knowing how. In this proclamation, City Council has acknowledged the importance of knowing how to use and then actually using the many different types of conflict resolution and conflict management methods. Whether in our families, schools, places of work, homes, courts, community organizations or businesses, conflict resolution experts enhance the ability of individuals, businesses and other organizations to resolve their interpersonal and intergroup conflicts expeditiously, Therefore, it is most appropriate that today we celebrate the need for peaceful and creative resolution of all kinds of conflicts and disputes, and challenge each of us to work, not just today but 365 days a year, to spread the use of conflict management and resolution tools throughout our society. I would like to also take this opportunity to introduce to you the President of the Greater Delaware Valley Chapter of the Association for Conflict Resolution, Mr. Jim Rosenstein, and also a very distinguished mediator from our community, Mr. Ed Blumstein. They join me in thanking all of you. (Applause.)
Thank you very much. Council will be at ease. (Council at ease.)
At this time, the Chair recognizes Kenney, who will present a resolution honoring Karen Lloyd Borski, former Executive Director of the Fairmount Park Commission. Will Ms. Borski and those accompanying her please join the Councilman at the podium. Ms. Borski is joined by her husband, Congressman Borski. So nice seeing you.
Thank you, Madam President. This is a resolution honoring Karen Lloyd Borski for her service as Executive Director of the Fairmount Park Commission. Whereas, after 11 years as a Commissioner of the Park Commission and over two years as a Chief Executive, Karen Lloyd Borski left the Fairmount Park Commission on July 1, 2005; and Whereas, Ms. Borski was responsible for the day-to-day operations of the 9,100-acre Park system and for implementing its mission to serve the Philadelphia; and Whereas, Ms. Borski oversaw all daily operations, administration and planning, in addition to managing the annual $14 million budget and the $4 million capital budget and the staff of more than 200, along with numerous independent contractors; and Whereas, during Ms. Borski's tenure, she also chaired the Planning Committee, which concentrates on preserving a consistent mission for the Park, and actively served on the Regional Green Space Alliance and the Glen Ford Conservation Corporation; and Whereas, Borski founded and operated a special events firm that included government agencies, corporations and non-profit organizations as clients and worked extensively in various capacities with local, state and federal governments; and Whereas, Ms. Borski's leadership in the development of the ensure that her hard work will pay dividends for the Fairmount Park far into the future. Therefore, be it resolved by the Council of the City of Philadelphia, the Council does hereby honor and commend Karen Lloyd Borski for her dedication and service to the Fairmount Park Commission and to the citizens of Philadelphia. Thank you. (Applause.)
Thank you, President Verna, and thank you, Councilman Kenney. You make it sound like I've been very busy. I really want to just thank Council today for their continued attentiveness to this Park system. You have seen it through its strained finances. You understand the asset that it is and the importance it brings to the City we all love. Please keep up the work, and thank you very much for this recognition. (Applause.)
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on October 20, 2005, I signed the following bill that was passed by Council at its session on September 22, 2005: Bill No. 050362-A; and I am pleased to advise you that on October 20, 2005, I signed the following bills that were passed by Council at its session on September 29, 2005: Bill No. 050421 and Bill No. 050660; and I am transmitting for the consideration of your honorable body a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Point Breeze East Urban Renewal Area; and I am transmitting for the consideration of your honorable body an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 299 by striking from the City Plan Domino Lane from Henry Avenue to Hagner Street; and An ordinance consenting to the transfer of control of area II cable television franchise from Urban Cable Works of Pennsylvania to Time Warner Cable, Inc., under certain terms and conditions.
Thank you. The messages will be printed in the Journal. At this time, I would ask the Chief Clerk to please read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit the immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer one bill and three resolutions.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 9-605 of The Philadelphia Code, entitled "Towing," by providing that no license to engage in the business of towing vehicles shall be issued to a towing company whose business is located in any political subdivision or state that will not, as a matter of practice or policy, enter into contracts for towing service with any Philadelphia-based towing companies, all under certain terms and conditions.
The bill will be referred to the appropriate committee.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
And a resolution authorizing City Council's Committee on Law and Government to hold public hearings to reestablishing the Veterans Advisory Commission with its appointment of members thereof by vitalizing the Commission's mission and reconstructing the Commission's funding.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution will be referred to the Committee on Law and Government.
And a resolution authorizing City Council's Committee on Parks, Recreation and Cultural Affairs to hold public hearings to examine the conditions, maintenance policies and irrigation methods used to maintain functional and safe outdoor athletic fields City-wide and to also explore the option of working with area agricultural colleges to help accomplish this initiative.
May I ask the Chief Clerk to give me that for a moment, please. The Chair recognizes Councilman Kenney.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution will be referred to the Committee on Parks, Recreation and Cultural Affairs. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce three resolutions, one non-privileged resolution on your behalf, one non-privileged resolution on my own behalf and one privileged resolution that is co-sponsored by all members of Council.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution calling on the Committee of Housing, Neighborhood Development and the Homeless to hold public hearings on the Administration's proposed reorganization of housing agencies.
Thank you, Madam President. I move for its adoption. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it. The resolution is adopted and will be referred to the Committee on Housing, Neighborhood Development and the Homeless. The Clerk will please read the title of the second resolution.
A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority, the City of Philadelphia, for the redevelopment and urban renewal of a portion of the Point Breeze East Urban Renewal Area.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority, the City of Philadelphia, deeds located in the Sixth Ward of the City of Philadelphia.
The Chair again recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Krajewski.
Madam President, I offer one resolution and one bill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 2 of an ordinance, Bill No. 020429, approved November 13, 2002, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 258 by striking from the City Plan and vacating Brill Street from Torresdale Avenue to Harbison Street."
The bill will be referred to the appropriate committee.
And a resolution honoring the Tacony PAL Center and Police Officer Bill Schneider.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Mariano.
Thank you, Madam President. I have three resolutions.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution calling for the rejection of the proposed settlement and plans for the pending merger between PECO Energy's parent company, Exelon Corporation, and New Jersey's Public Service Enterprise Group, Incorporated and, furthermore, to denounce any utility merger.
Madam President, I move for the adoption of this resolution. (Duly seconded.)
The Chair at this time recognizes Councilwoman Brown.
Thank you, Madam President. I'd like to speak on the resolution.
I have to say that I fully understand and appreciate the sponsor's intent and his commitment that he's indicated the pledge that he took with our now deceased colleague, Councilman Cohen. The bad news for me, however, is that I am one who does not fully or adequately understand, A, the substance of the bill and, B, the potential impact it will have on our City's utilities. I also know that our City's well-respected Consumer Advocate indeed now as we speak is investigating this issue of natural gas prices and the impact it will have on our City's utilities. So given that and given the realization that our City is in a crisis when it comes to PGW, I would like to respectfully appeal to the sponsor of the bill and ask if he would, once again, hold the bill so that I and possibly others can get our arms around this to fully examine what the impact will be.
Thank you, Madam President. Certainly this is important, but nothing is ever too important that we can't wait a week or so. We got into some conversations, and Councilman Kenney made a statement in the Caucus Room that it was a ploy of the Administration or me. I want it to be understood that I'm not a stooge for anybody, and what he was talking about has allegedly been done before and is part of a federal investigation from another elected official in this City. So I think we should tread very carefully here. So, Councilwoman Brown, who I know has the greatest of intentions, I'll certainly hold it for a week or two weeks if it's necessary, just so everyone understands that it's an important cause and it's a cause that we shouldn't tread on harshly and we should really look at it seriously.
I'm sorry. I don't know if your microphone was on, but have you -
Yes. Thank you, Madam President. I do want to publicly say thank you to Councilman Rick Mariano, because I do believe, as he has stated, it will give us an opportunity to ultimately make an informed decision on this important issue facing our utilities and this new issue of natural gas. So I want to say thank you to the sponsor of the resolution.
Councilman O'Neill, the sponsor has agreed to hold this resolution for a week. Do you still want to be recognized?
Fine. Thank you. The resolution will be held until next week, and at this time, I would ask the Chief Clerk to please read the title of the second resolution.
A resolution urging the Southeastern Pennsylvania Transportation Authority to expeditiously negotiate a mutually agreeable new contract between SEPTA and the Transport Workers Union Local 234.
Madam President, I wholeheartedly move for the adoption of this resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 12th, 19th and 23rd Wards of the City of Philadelphia.
Thank you. The Chair recognizes Councilman Mariano.
Madam President, I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The resolution has been adopted. The Chair recognizes Councilwoman Tasco.
The Chief Clerk will please read the title of the first resolution.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
And a resolution honoring the Fisher Park Community Alliance for their award-winning performance in Pennsylvania Horticultural Society competitions.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
Madam President, I move for the adoption of the resolution by a standing recognition.
Those standing will be voting to adopt the resolution. (All Councilmembers standing.)
The resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I offer two resolutions.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution honoring October 23rd to 31st as National Red Ribbon Week for a drug-free America.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 13th Ward of the City of Philadelphia.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Nutter.
Thank you, Madam President. Madam President, I offer one bill on behalf of the Administration, two bills of my own, three resolutions, two of which have been co-sponsored by all members of City Council.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance consenting to the transfer of control of the area II cable television franchise from Urban Cable Works of Pennsylvania to Time Warner Cable, Inc.
The bill will be referred to the appropriate committee.
And an ordinance establishing a no truck parking and a tow-away zone regulation for an area bounded by and within Vine Street to Haverford Avenue, 54th Street to 60th Street.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 299 by striking from the City Plan Domino Lane from Henry Avenue to Hagner Street.
The bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 52nd Ward of the City of Philadelphia.
Thank you, Madam President. I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
And a resolution condemning the defiance of Council by CSX Transportation, Inc. for its failure to appear and offer testimony before a hearing on the Committee of Transportation and Public Utilities, memorializing the vote of the Committee to issue a subpoena to compel the attendance of CSX Transportation witnesses at the next hearing before the Committee, and reaffirming this Council's unwavering commitment to do everything in its power to protect vital City interest and public assets.
Thank you, Madam President. I wish to move the adoption of the resolution, but I'd like to be heard on the resolution as well. (Duly seconded.)
Madam President, thank you very much. Madam President, with the leadership that you have provided, Councilman Clarke, Councilman Kelly, a number of other members who participated the other day, Councilwoman Miller, Councilman O'Neill, in the proceedings of the Transportation and Public Utilities Committee with regard to issues involving the transportation of materials through Philadelphia but, equally important, the blocking of access to primarily Schuylkill River Park and other areas throughout the City, the Transportation and Public Utilities Committee sought to hold a duly authorized hearing approved by this body sometime ago. Invitation was extended to representatives directly of CSX and asking them to participate in a hearing, notwithstanding the fact that there is ongoing litigation. Of course, we would not ask any questions that would jeopardize those discussions in the court. CSX waited until the night before the hearing to notify us that they would not be in attendance because of legal concerns. We wrote back, the staff did, explaining we understood those concerns, but that they should still come and provide information and testimony to the Committee. They refused. The Committee then took the action, Madam President, of voting to authorize subpoenas to be issued to the appropriate representatives. That vote passed unanimously. Those subpoenas were signed on Tuesday. They were delivered to CSX attorneys yesterday. We fully intend to have CSX representatives in this City Council at the witness table to answer questions that this body has a right to ask, and I would ask my colleagues to support this resolution and the work of the Transportation and Public Utilities Committee so that the citizens of this City can get some answers to questions that are reasonable, that are legitimate, and that an enormous opportunity to further develop Schuylkill River Park area in your district and Councilman Clarke primarily would not be negatively impacted by the outrageous and defiant action by CSX to not cooperate with the City of Philadelphia. It is time for this body to stand up, and I ask my colleagues to support this resolution. Thank you, Madam President.
You're welcome, Councilman. It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
And a resolution authorizing the Committee on Legislative Oversight to conduct hearings for the purpose of investigating the procedures utilized by City departments and agencies to monitor compliance with all city, state and federal statutory and regulatory requirements on construction projects so as to ensure that Philadelphia residents and businesses and women, minorities and youth have the maximum opportunities possible to participate in such projects, and to ensure that all workers are legal U.S. citizens, that all wages and benefits are paid in accordance with area standards, and that all taxes are properly withheld and remitted, that such projects employ the most qualified work force of tradespeople and workers in the area, and that certified apprentice training programs are made available for Philadelphia residents, and especially neighborhood residents who live near such projects, in order to increase the diversity in construction work forces, and further authorizing the Committee in furtherance of such investigation to issue subpoenas, as may be necessary, to compel the attendance of witnesses and the production of documents to the full extent authorized under Section 2-401 of the Home Rule Charter.
Thank you, Madam President. Madam President, I move the adoption of the resolution, and I would like to speak on this resolution as well. (Duly seconded.)
Thank you, Madam President. Madam President, this situation involves what can only, in the most positive light, be described as a tremendous construction boom in the City of Philadelphia. We know that there is a tremendous amount of construction activity in development, whether residential or commercial, going on throughout Philadelphia, which is great for this City. It also has resulted in a tremendous spike in real estate tax revenues, which will be the subject of another speech on another day. In this particular regard, we need to ensure, with all of this construction activity going on, that Philadelphia residents and businesses can participate to the maximum opportunity, regardless of whether or not these projects have anything to do directly with the City of Philadelphia, whether they're supported by the City, subsidized by the City, any financial assistance, tax abatements or anything else that may or may not be going on. This activity is taking place in our City. We continue, unfortunately, to not fully participate in some of the benefits of the economy and continue to lose jobs. We have an unemployment problem here in Philadelphia, and many more people could be working at many of these locations if there was a commitment to support Philadelphia residents, nearby residents to a project and businesses. In that regard, I want to make sure -- and this resolution was supported by every member. We need to make sure that the various City agencies that participate in the approval processes, that there are plans laid out for how any of these companies will ensure that Philadelphia residents and certainly with a particular emphasis on women, blacks, Latinos, Asian and any other people of color who are often underrepresented in some of these work forces, that those opportunities are maximized to the greatest extent possible. I am certainly aware of at least one particular situation where various promises and commitments were made with regard to a development project. The City doesn't have any money in the project, but it is a particularly high profile development, which will revitalize a neighborhood in a tremendous fashion. But we also need to make sure that the appropriate documentation is being made of who is working at these sites. In many instances, there are concerns as to whether or not illegal workers who are non-residents of the United States of America may be working at some of these locations, whether or not the appropriate area benefits and wages are being paid at these sites, proper withholding, and that the City is receiving the appropriate amount of tax revenue from people who are working at these locations. It needs to be fully examined. It needs to be explored, and there should be plans in place to make sure that all of the right provisions and all of the safeguards are in place to make sure that Philadelphians are getting more than their fair share. Otherwise, if there is no particular benefit to the citizens of this City, why are we supporting many of these projects? So I would ask for support of my colleagues in this particular resolution. And when commitments are made, whether to elected officials or boards and agencies, the Zoning Board of Adjustment, when commitments are made on various projects in how they will be built and what work forces will be used, those commitments need to be followed through. I have a transcript that indicates in a particular project a commitment was made in a zoning variance case that the best craftsmen would be used on that particular job site. I do not believe that that is the case in a particular project that is going on right now here in Philadelphia. It needs to be examined.
It needs to be investigated, and we need to make sure, and I certainly want to make sure in any particular cases, that the proper due diligence has been done and that any commitments that are made, they are followed through on. Otherwise, that's a problem here in the City, and we cannot continue to allow people to come in, get the benefit while our citizens are not participating in these kinds of projects. So I ask my colleagues for their full support on this resolution. Thank you, Madam President.
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution will be referred to the Legislative Oversight Committee. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer no bills or resolutions.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.
Thank you, Madam President. I offer one resolution co-sponsored by Councilmen Goode and Mariano.
The Chief Clerk will please read the title of the resolution.
A resolution urging the United States Department of Justice to order an independent investigation of the circumstances of the fatal shooting of Puerto Rican nationalist leader Filiberto Ojeda Rios by agents of the Federal Bureau of Investigation.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman DiCicco.
Thank you, Madam President. I offer four bills and four resolutions.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Section 5 of an ordinance approved June 16, 2005, entitled "An ordinance granting permission to Marie Bontigao, owner of Tabula Rasa Cafe, tenant of the property located at 944 North 2nd Street.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by adding provisions regulating the operation of tour buses and amphibious tour vehicles, all under certain terms and conditions.
This bill will be referred to the appropriate committee.
And an ordinance amending Section 12-1117 of The Philadelphia Code, entitled "Physically Handicapped and Disabled Or Severely Disabled Veteran Parking," by amending -
The bill -- I'm sorry. The bill will be referred to the appropriate committee.
And an ordinance amending Title 12 of The Philadelphia Code, entitled "The Traffic Code," by providing for the establishment of parking for motor-driven cycles.
This bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 31st Ward of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
And a resolution honoring Dorette Rota Jackson and Dawn Rhoades for their dedication to Philadelphia Row Home Magazine.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
And a resolution commending the Friends of William Penn, a non-profit educational society dedicated to reaffirming his Holy Experiment on the occasion of William Penn's birthday on October 24th.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 25th and 31st Wards of the City of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman O'Neill.
The Chair thanks the gentleman. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have one bill that I will be introducing co-sponsored by all members of Council and two bills that I will be introducing on your behalf, Councilman Kelly and Councilman Nutter and myself dealing with the CSX issue. These bills come as a result of CSX's continued unwillingness to support the issues that we seek as it relates to both access and potentially hazardous material going through the City of Philadelphia and particularly in that location. Based on the hearing that we had earlier and their unwillingness to participate and cooperate, we think we have to ratchet it up. So we're going to introduce these bills and we're going to get extremely aggressive on this issue, because we think this is a very serious issue and we want them to take them serious. So we think on your behalf with these bills, that we will definitely get their attention.
Thank you very much, Councilman. The Chief Clerk will please read the title of the first bill.
An ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by adding a section prohibiting advertising of alcohol products within a certain distance of locations frequented by children.
The bill will be referred to the appropriate committee.
And an ordinance entitled Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by adding a new chapter regulating the transportation of hazardous and other substances through the City of Philadelphia, and the temporary storage of such substances within the City incident to such transportation; all under certain terms and conditions.
This bill will be referred to the appropriate committee.
And an ordinance amending Title 12 of The Philadelphia Code, entitled "The Traffic Code," pertaining to railroad trains and the blocking of streets, and excessive idling and noise.
This bill will also be referred to the appropriate committee. The Chair recognizes Councilman Kelly.
Thank you, Madam President. I offer one resolution, which is co-sponsored by yourself, by Councilman Nutter and Councilman Clarke.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution directing the Philadelphia Local Emergency Planning Committee and the Emergency Management Services Director to prepare a report for Council on the transportation of hazardous materials throughout Philadelphia.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Rizzo.
Thank you, Madam President. I have four resolutions today.
The Chief Clerk will please read the title of the first resolution.
A resolution recognizing, honoring and celebrating President Judge Frederica Massiah-Jackson on the successful completion of her five-year as head of the First Judicial District.
I move for the adoption of this resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
And a resolution recognizing, honoring and celebrating the 20th anniversary of the Philadelphia Chamber Music Society for enabling people from all walks of life to enjoy exceptional music-making at affordable ticket prices.
I move for the adoption of this resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
And a resolution recognizing, honoring and celebrating Sid Mark on the occasion of his radio program's 50th anniversary: 2005, "Friday with Frank," "Saturday with Sinatra" and "Sunday with Sinatra."
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution recognizing, honoring and celebrating Robert "Link" Harper on his retirement from the City of Philadelphia's Department of Records for 23 years of service and photographic excellence.
I move for the adoption of this resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. please say aye. (Aye.)
The ayes have it and the resolution is adopted. The next order of business is reports from Committee, and the Chair recognizes Councilwoman Blackwell for a report from the Committee of the Whole.
Thank you, Madam President. The Committee of the Whole reports out one bill with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee of the Whole, Bill No. 050742, entitled "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 conditions," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you. Bill No. 050742 will be placed on our First Reading Calendar for our next Council session. At this time, the Chair recognizes Councilman Clarke for a report on the Committee of Rules.
Thank you, Madam President. Madam President, the Committee bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Rules, to which was referred Bill No. 050510, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Allegheny Avenue, Collins Street, Westmoreland Street and Tulip Street"; and Bill No. 050750, entitled "An ordinance amending Section 14-1621 of The Philadelphia Code, entitled 'Passyunk Avenue Special District Controls'"; and Bill No. 050796, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing zoning of land," respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Clarke.
Madam President, I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 050750 and Bill No. 050796. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 050750 and 050796. All in favor will say aye. (Aye.)
The ayes have it and Bill Nos. 050750 and 050796 will be placed on our First Reading Calendar for today. Bill No. 050510 will be placed on our First Reading Calendar for our next session of Council. The Chair now recognizes Councilman DiCicco for a report from the Committee on Streets and Services.
The moment we have all been waiting for. The Committee on Streets and Services reports 56 bills out with a favorable recommendation -- 55. Excuse me. 55.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee of Streets and Service, to which was referred Bill 050578, entitled "An ordinance granting permission to Nancy Trachtenberg, owner of Benna's Cafe, to operate and maintain an open air sidewalk cafe"; and Bill No. 050579, entitled "An ordinance granting permission to Green Street Collaborative, owner of the property 2019 to 23 Green Street, to construct, own and maintain a two exterior step encroachment"; and Bill No. 050650, entitled "An ordinance establishing a parking regulation on Fitzwater Street, north side"; and Bill No. 050651, entitled "An ordinance establishing a parking regulation on Opal Street, west side, Dickinson Street to Tasker Street"; and Bill No. 050653, entitled "An ordinance establishing a parking regulation on Powelton Avenue, north side"; and Bill No. 050654, entitled "An regulation on 46th Street, both sides"; and Bill No. 050655, entitled "An ordinance revising parking regulations on Osage Avenue, both sides"; and Bill No. 050656, entitled "An ordinance establishing a parking regulation on 32nd Street, both sides"; and Bill No. 050657, entitled "An ordinance establishing a parking regulation on Spring Garden Street, both sides"; and Bill No. 050658, entitled "An ordinance establishing a parking regulation on Baring Street, both sides"; and Bill No. 050659, entitled "An ordinance establishing a parking regulation on 15th Street, both sides"; and Bill No. 050662, entitled "An ordinance establishing a parking 5th Street, both sides"; and Bill No. 050663, entitled "An ordinance establishing a parking regulation on Cayuga Street, north side"; and Bill No. 050664, entitled "An ordinance establishing a parking regulation on Griscom Street, both sides"; and Bill No. 050665, entitled "An ordinance establishing a parking regulation on Marvine Street, both sides"; and Bill No. 050666, entitled "An ordinance establishing a parking regulation on Venango Street, both sides"; and Bill No. 050667, entitled "An ordinance establishing a parking regulation on Stanton Street, both sides"; and Bill No. 050668, entitled "An ordinance establishing a parking Avenue, east side"; and Bill No. 050670, entitled "An ordinance granting permission to Center City ERUV Corporation, all under certain terms and conditions"; and Bill No. 050671, entitled "An ordinance granting permission to Abhay V. Sheth, owner of the newsstand at the northwest corner of 12th and Filbert Streets, under certain terms and conditions"; and Bill No. 050672, entitled "An ordinance establishing a parking regulation on Wolf Street, both sides"; and Bill No. 050673, entitled "An ordinance establishing a parking regulation on 12th Street, both sides"; and Bill No. 050674, entitled "An ordinance establishing a parking regulation on Christian Street, both sides"; and 050675, entitled "An ordinance establishing a parking regulation on Marvine Street, east side"; and Bill No. 050676, entitled "An ordinance establishing a parking regulation on 13th Street, both sides"; and Bill No. 050677, entitled "An ordinance establishing a parking regulation an Allen Street, west side"; and Bill No. 050678, entitled "An ordinance establishing a parking regulation on Christian Street, both sides"; and Bill No. 050679, entitled "An ordinance establishing a parking regulation on Fitzgerald Street, south side"; and Bill No. 050680, entitled "An ordinance establishing a parking regulation on Lawrence Street, both sides"; and 050681, entitled "An ordinance establishing a parking regulation on Christian Street, north side"; and Bill No. 050682, entitled "An ordinance establishing a parking regulation on 12th Street, east side"; and Bill No.
050683, entitled "An ordinance establishing a parking regulation on Oregon Avenue, south side"; and Bill No. 050684, entitled "An ordinance establishing a parking regulation on Catharine Street, south side"; and Bill No. 050685, entitled "An ordinance establishing a parking regulation on Brown Street, both sides"; and Bill No. 050686, entitled "An ordinance establishing a parking regulation on Ellsworth Street, both sides"; and 050687, entitled "An ordinance establishing a parking regulation on Catharine Street, south side"; and Bill No. 050688, entitled "An ordinance establishing a parking regulation on Jackson Street, south side"; and Bill No. 050689, entitled "An ordinance establishing a parking regulation on Catharine Street, north side"; and Bill No. 050690, entitled "An ordinance establishing a parking regulation on Hutchinson Street, east side"; and Bill No. 050691, entitled "An ordinance establishing a parking regulation on Catharine Street, south side"; and Bill No. 050692, entitled "An ordinance establishing a parking regulation on 12th Street, west side"; and 050693, entitled "An ordinance establishing a parking regulation on Catharine Street, south side"; and Bill No. 050694, entitled "An ordinance establishing a parking regulation on 12th Street, west side"; and Bill No. 050695, entitled "An ordinance establishing a parking regulation on North Street, north side"; and Bill No. 050696, entitled "An ordinance revising parking regulations on Aspen Street, both sides"; and Bill No. 050751, entitled "An ordinance authorizing the revision of lines and grades on City Plan No. 119"; and Bill No. 050788, entitled "An ordinance amending Section 2 of an ordinance approved July 1, 2004, entitled "An ordinance authorizing the revision of lines and grades on City Plan No. 205"; 050789, entitled "An ordinance amending Section 2 of an ordinance approved June 21, 2004, an ordinance authorizing the revision of lines and grades on City Plan No. 55"; and Bill No. 050798, entitled "An ordinance establishing a no parking regulation on Hamilton Street, between 13th Street and Broad Street"; and Bill No. 050799, entitled "An ordinance regulating the direction of movement of traffic on Hamilton Street"; and Bill No. 050832, entitled "An ordinance authorizing the paving of Meetinghouse Drive"; and Bill No. 050833, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 395"; and Bill No. 050834, entitled "An ordinance authorizing and directing the grades on a portion of City Plan No. 395"; and Bill No. 050835, entitled "An ordinance regulating the direction of movement of traffic on Ruth Way"; and Bill No. 050836, entitled "An ordinance authorizing the paving of Meyer Place and Ruth Way, under certain terms and conditions," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you very much. Would the Sergeant-of-Arms get the Chief Clerk a glass of water, please. The Chair recognizes Councilman DiCicco.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of the following bills. What I will do, Madam President, with your permission, is, I will read the entirety, the numbers of the first bill in its entirety, and then proceed with the last three numbers, since all bills are preceded by the numbers 050.
I'm sure no one has objection to that? (No response.)
Bill No. 050578, 579, 666, 670, 671, 672, 673, 674, 676, 679, 680, 683, 684, 685, 686, 688, 690, 691, 694, 695, 696, 751, 832, 833, 834, 835 and 836. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of bills just read, and I am not going to repeat 10/20/05 - STATED - 1ST READING them, by Councilman DiCicco. All in favor will please indicate by saying aye. (Aye.)
The ayes have it and the bills just read by the Councilman will be on our First Reading Calendar for today. All of the other bills will be placed on our First Reading Calendar for our next session of Council. 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.
Bill No. 050750, an ordinance amending Section 14-1621 of The Philadelphia Code, entitled "Passyunk Avenue Special District Controls."
The Chair agrees. 10/20/05 - STATED - 1ST READING
And Bill No. 050796, an ordinance to amend the Philadelphia Zoning Maps by changing zoning designations of certain areas of land.
And Bill No. 050578, an ordinance granting permission to Nancy Trachtenberg, owner of Benna's Cafe, to operate and maintain an open air sidewalk cafe.
And Bill No. 050579, an ordinance granting permission to Green Street Collaborative, under certain terms and conditions.
And Bill No. 050666, an ordinance establishing a parking regulation on Venango Street, both sides. 10/20/05 - STATED - 1ST READING
And Bill No. 050670, an ordinance granting permission to Center City ERUV Corporation, under certain terms and conditions.
And Bill No. 050671, an ordinance granting permission to Abhay Sheth, owner of the newsstand at the northwest corner of 12th Street, under certain terms and conditions.
And Bill No. 050672, an ordinance establishing a parking regulation on Wolf Street, both sides.
And Bill No. 050673, an ordinance establishing a parking regulation on 12th Street, both 10/20/05 - STATED - 1ST READING sides.
And Bill No. 050674, an ordinance establishing a parking regulation on Christian Street, both sides.
And Bill No. 050676, an ordinance establishing a parking regulation on 13th Street, both sides.
And Bill No. 050679, an ordinance establishing a parking regulation on Fitzgerald Street, south side.
And Bill No. 050680, an ordinance establishing a parking regulation on Lawrence Street, 10/20/05 - STATED - 1ST READING both sides.
And Bill No. 050683, an ordinance establishing a parking regulation on Oregon Avenue, south side.
And Bill No. 050684, an ordinance establishing a parking regulation on Catharine Street, south side.
And Bill No. 050685, an ordinance establishing a parking regulation on Brown Street, both sides.
And Bill No. 050686, an ordinance establishing a parking regulation on Ellsworth Street, 10/20/05 - STATED - 1ST READING both sides.
And Bill No. 050688, an ordinance establishing a parking regulation on Jackson Street, south side.
And Bill No. 050690, an ordinance establishing a parking regulation on Hutchinson Street, east side.
And Bill No. 050691, an ordinance establishing a parking regulation on Catharine Street, south side.
And Bill No. 050694, an ordinance establishing a parking regulation on 12th Street, west 10/20/05 - STATED - 1ST READING side.
And Bill No. 050695, an ordinance establishing a parking regulation on North Street, north side.
And Bill No. 050696, an ordinance revising parking regulations on Aspen Street, both sides.
And Bill No. 050751, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 119.
And Bill No. 050832, an ordinance authorizing the paving of Meetinghouse Drive.
The 10/20/05 - STATED - 1ST READING Chair agrees.
And Bill No. 050833, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 395.
And Bill No. 050834, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 395.
And Bill No. 050835, an ordinance regulating the direction of movement of traffic on Ruth Way from Ashton Road to Meyer Place.
And Bill No. 050836, an ordinance authorizing the paving of Meyer Place and Ruth Way, under certain terms and conditions. 10/20/05 - STATED - 1ST READING
The Chair agrees. That completes our First Reading Calendar for today. The bills just read will be placed on our Second Reading and Final Passage Calendar for next week. Councilwoman Blackwell, it is my understanding that we have no bills on the Second Reading and Final Passage Calendar to be considered today. Okay. I would ask my colleagues to really pay attention to what we're going to be doing, because this is something rather new to all of us. We will now proceed to the consideration of applications for take-out beer permits under Act 39. There are 39 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 39 APPLICATIONS that requires Council to act within 45 days of the date of an application. We have distributed to each of you in advance of today's session a copy of the Hearing Examiner's recommendation on each application, as well as transcripts of the hearings. Following the procedure discussed in caucus today, we will consider the applications one by one in order of application number. The exception will be that all applications from the Second Councilmanic District will be considered at the end. I have recused myself from all such applications, so Councilwoman Blackwell will preside when those applications are considered. We will now begin to consider the applications. The first application is No. BPA2005-12.
Is there some way we could group these? I see there's recommendations for approval and disapproval and some disapprove with conditions. Is there some way that we can group the approved ones together and do them as a consent agenda?
I don't believe that's possible, because I believe in some instances -- and, Mr. Auerbach, you could correct me if I'm wrong -- in some instances, the Councilman has recused himself and others he has not. It would be rather difficult to do, I'm told.
We have thought of that earlier, to be honest with you, Councilman, but maybe there's an easier way. We're going to be confronted with this type of a list just 39 APPLICATIONS about every week.
So the first bill that we will consider will be BPA2005-12. The applicant is 3403 Inc., and the application is for the premises located at 3403 Germantown Avenue. The Chair at this time recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the rejection of the resolution. (Duly seconded.)
No. I'm sorry. I think, Councilwoman, as I said, this is a learning session for all of us. I believe you simply offer the resolution, if you will.
Councilwoman, it's the very first one on our list.
I'm sorry. I didn't hear you, Madam President. Madam President, I offer one resolution on your behalf.
Thank you. The Clerk will please read the title of the resolution.
A resolution rejecting the recommendation of the Hearing Examiner on approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: 3403 Inc., 3403 Germantown Avenue, Philadelphia 19140.
Thank you. The Chair recognizes 39 APPLICATIONS Councilwoman Blackwell for a motion on the resolution.
Thank you, Madam President. I move for the rejection of this resolution. (Duly seconded.)
I think we just move for the adoption. Councilwoman Blackwell, I believe -
I believe that we're recommending that the Hearing Examiner's recommendation be rejected.
I believe at this time you simply move for the adoption of the resolution.
I did. I'll say it again. I move for the adoption of the resolution. (Duly seconded.) 39 APPLICATIONS
There are two resolutions. It should be I move to approve the resolution to reject.
No. There are two resolutions that each of us have in our possession. If it is not adopted, then there is a second resolution which could be offered to reject. I am being told by Mr. Auerbach that this is one of four resolutions where there is an exception, because I think they're all Councilman Clarke's. Councilman Clarke, why don't you address your issue. I'm sorry. You can't do that.
Madam President, all I want to know is that the vote we're taking is that we are voting 39 APPLICATIONS to accept the recommendation of the Hearing Examiner's --
Can I just finish my conversation here, please? Somebody asked a question. I believe that when we were in caucus, Mr. Auerbach distributed a copy 39 APPLICATIONS of each and every application, either for or in opposition to. Councilman Goode, did you want to add something?
Yes. The point of order is simply that the resolution does not read as Councilwoman Tasco said. The resolution I have says rejecting the recommendation of the Hearing Examiner and approving, with conditions, the following application.
So this would be approving the application with conditions.
So if we're voting against the application, we will be voting against the resolution.
Mr. Auerbach, I think that we tried to explain all of this in the Caucus Room, and I knew that there would be a great deal of confusion. So if you don't mind, would you please.
Yes. We all knew that. So, Mr. Auerbach, would you please explain again what it is that we're doing.
Unfortunately, the first application on the list is one of the four exceptions. It never fails. Generally, there will be two resolutions, one to accept the recommendation, one to reject. We'll first consider the resolution to accept the recommendation. If that's not adopted, we will then 39 APPLICATIONS consider the resolution to reject the recommendation. This is one of four exceptions. In this case, the protestant, who happens to be Councilman Clarke, continued to negotiate with the applicant after the hearing was concluded and reached an agreement with the applicant to approve it with conditions, and Councilman Clarke wrote to the Council President to say that there had been continuing negotiations and an agreement had been reached, and he requested the Council President to offer a resolution approving, with conditions, and -
We will get 39 APPLICATIONS caught up in the description of the process, which I don't even think is necessary. I think what is necessary is, we deal with this as we deal with veto overrides where on each vote we take, whether it's only four votes or not, there's a clarification of the vote. I think in the end, people want to know whether they're voting for or against an application. And so on the first one, for example, we need to clarify that a vote against the resolution is a vote against the application.
The problem is to disapprove an application would need a second resolution.
Like I said, if you choose to go through the process on each resolution, it's going to be confusing. All we need to do is vote for or against the applications. We can 39 APPLICATIONS explain what that vote is; in other words, like we do on veto overrides. In other words, a vote for the resolution is a vote for the application. A vote against the resolution is a vote against the application in this case.
Yes. The Chair recognizes Councilwoman Blackwell.
I believe in this instance where I move for the adoption -
I believe in this instance where we move for the adoption of the resolution, that we were in order. To further try to clarify what my colleague, Councilman Goode, is saying, I agree that we don't want to go through with provisions and all of that. 39 APPLICATIONS All we want to do is vote for the adoption of the resolution or vote for the rejection of the resolution, and the adoption of the resolution means that we accept the Hearing Examiner's recommendation and the rejection of the resolution would mean we vote against the Hearing Examiner's recommendation, because the Hearing Examiner could have voted aye or nay. So everything that we vote for is based on the Hearing Examiner's recommendation. I'm just clarifying that.
Can I just explain one thing? The problem is that if the resolution is to accept the Hearing Examiner's report to approve and the Council votes not to adopt that resolution, that doesn't disapprove the application. All that means is, Council has not adopted a resolution. There's no action of Council. You need an affirmative vote to adopt a resolution 39 APPLICATIONS that disapproves the application, unless there's that vote -
If the resolution as presented to us was approved, what would be the impact on this application?
And if the resolution fails, what would be the impact on that application?
If Council takes no further action, the practical effect will be to approve the application because Council has failed to -
That's not my question. This resolution is before us. I'm asking, suppose this resolution is voted on and fails. What's the impact on this particular application?
If Council does nothing else, there's no impact. Council 39 APPLICATIONS has failed to adopt a resolution. The Council has taken no action.
Point of information, if I may, to follow up on what my colleague, Councilman Nutter, is saying. I have one case here that the Hearing Examiner approved them that I want Council to reject. So you're saying if I vote for a rejection of the resolution, you're saying nothing happens?
No. In that case, Councilwoman, you will be introducing a resolution that will say a resolution rejecting the recommendation of the Hearing Examiner and disapproving the application, and if that resolution passes, the application will be disapproved.
So 39 APPLICATIONS then we can't just say the adoption of the resolution. I don't have to say I move for the adoption of the resolution with conditions, but I have to say I move for the rejection of the resolution and denial of the application?
No. You will be introducing a resolution that disapproves the application. You would then move for adoption of that resolution.
It doesn't have to say Hearing Examiner in it, because otherwise -
I think in your possession what was given out today in the Caucus Room was to approve what the Hearing Examiners have found.
If you're objecting, you also have in your possession for that same bill number one opposing or rejecting the findings of the 39 APPLICATIONS Hearing Officer which we can then vote on.
I still don't understand, Madam President. If I am to put in a motion for adoption of the resolution or rejection of the resolution and -- I'm voting on mine, as all of you know, but for my colleagues, how are people -- let's use the first one for example. 3403 Germantown Avenue. How am I supposed to know how to vote?
I don't know every stop-and-go in the entire City of Philadelphia.
If I can just add to the record. As a part of this report, the last page may give some indication as to what the situation is. 39 APPLICATIONS Attached to this document it says, "Approval Conditions: The office of Councilman Darrell Clarke, protestant, and the owner/operator of the above location, applicant, have agreed to the following as conditions for the approval of the application," and there are eight conditions. This is Exhibit-B. In order to support what has apparently been agreed to, it appears that we would have to vote yes to this resolution in order to allow the application to go through being approved with the conditions that are on Exhibit-B. Is that correct?
Just for the one. We'll see what happens to the other 38. Let's get one under our belt.
You see, Madam President, if I may, part of the confusion is -- I'll use myself for an example. I have an application here, Laov's -- I'll use me for an example, because I don't talk about anybody else -- at 52nd and Girard.
Excuse me, Councilwoman. There's entirely too much noise.
Just for the sake of clarification, I'll use myself for an example. I have an application, 889, for Laov's Inc. at 5217 West Girard, is the worst thing I've seen in the City. Having said that, the Hearing Examiner approved it, did not look up records that there's no zoning and all that stuff. So in my case, I'm asking for the rejection of the resolution, which I assume is rejection of the Hearing Examiner's recommendation, because the 39 APPLICATIONS Hearing Examiner voted to approve it.
So for me, since I'm voting, I know how I feel, so I don't need then to introduce two resolutions for or against, correct?
Absolutely not. Not one in favor and one disapproving. You just introduce the one.
But I don't know what happens in other instances, I'm saying, for my colleagues, because since they can't say how they feel, I have absolutely no idea how they -- I have to assume then they agree with the Hearing Examiner, I guess.
And I think that on a daily basis, I am told there were transcripts circulated and I 39 APPLICATIONS think the Councilmanic offices certainly had an opportunity to have a staff member go through them to ascertain what the findings of the Examiner was, particularly those in your district. Councilman Kelly.
I just want to know, is it critical that this matter be voted on today? It seems like there's a lot of confusion in this Council Chambers, and I just think -
There is and there will be because, as I said to you in caucus, this is the first time we're doing this. I got this at 4:30 yesterday afternoon, as I'm sure everyone else did, and I am told that if we don't do it today, then we are jeopardizing what has been done because of the 45-day issue.
Can we proceed? I believe on BPA2005-12, Councilwoman Blackwell, I believe you made a motion for the resolution to be adopted.
All in favor will please indicate by saying aye. (Aye.)
The ayes have it, the resolution is adopted, and the record will reflect that Councilman Clarke recused himself. 39 APPLICATIONS The next application number is BPA2005-21. The Chair recognizes Councilwoman Blackwell. Oh, I'm sorry. I didn't give the name. Myung Enterprise Inc., and the application is for the premises located at 1101 North 66th Street. The Chair recognizes Councilwoman Blackwell.
Madam President, assuming I'm not totally confused, do I offer this resolution?
The Clerk will please read the title of the resolution.
A resolution accepting the recommendation of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed 39 APPLICATIONS beverages for consumption off premises: Myung Enterprise, 1101 North 66th Street, Philadelphia 19151.
Thank you. The Chair recognizes Councilwoman Blackwell for a motion on the resolution.
Madam President, I move for rejection of the resolution. (Duly seconded.)
Yes. I understand that I move for rejection of the resolution.
I understand you have to -- I'll tell you, before next Thursday, we're going to have to have a session where we're all informed as to how this process will be 39 APPLICATIONS working, because there's a great deal of confusion and, as I said, just having that brief explanation this morning in the Caucus Room apparently was not ample for everybody to understand what we were doing.
Thank you, Madam President. Madam President, in accordance with the rules that were adopted by City Council, you know that I submitted to you and circulated to my colleagues a letter of recusal in this particular matter because of my participation in this matter. So I will not be voting.
Madam President, clarification on this. I just 39 APPLICATIONS want to make sure, if I vote no on the resolution that was just presented, I will then be voting on another resolution on the same store, same applicant, and I will be voting yes -
The second one will be a rejection of the application. Fine.
So, Madam President, you are saying we have to vote two ways on every resolution instead of saying -
First you are moving that the resolution be adopted. If that does not pass, if that has not been approved, you then introduce the second resolution.
This doesn't make sense to me, Madam President. It seems to me -
Madam President, it was said earlier, and I 39 APPLICATIONS think I got it. Councilwoman Blackwell, if Council agrees by a majority vote with the recommendation of the Hearing Examiner, there's only one resolution required. If we reject in the first resolution the Hearing Examiner's recommendation, then we need a second one where we affirmatively reject the application, not just deal with the Hearing Examiner's recommendation as we did in the first of the two.
Exactly. Perfect explanation. So was the resolution read?
Madam President, I move for the adoption of the resolution.
Is there a second? (Duly seconded.) 39 APPLICATIONS
It has been moved and seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
Are we going to have to have a roll call? Yes, Councilwoman.
This is really very -- it's a disadvantage to the Councilperson to have to recuse himself. The other Councilmembers don't know what 39 APPLICATIONS the circumstances are in the community. They can't speak up and say why they want it rejected. I mean, there's something wrong with it. I mean, we need to look at this process. It doesn't work. I didn't recuse myself because I wanted to be able to speak and let people know how -
I didn't recuse myself because I wanted to be able to have the voice on the floor to let my colleagues know how I wanted them to vote on the application and let the organization up to the other elected officials in my district.
All right. Again, I'm going to ask all in favor of the adoption of the resolution will say aye. (Aye.)
We need a roll call, because I cannot -very quickly, Pat. We're going to have a roll call vote, please.
No. The record will indicate that the vote is 14 to nothing. Councilman Kenney was not present to vote and Councilman Nutter recused himself. The next application number is -- I'm sorry. Excuse me. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the rejection of the resolution. Okay, Madam President, if you want me to restate it another way, I can move for the -- I did say I move for the rejection of the resolution. Do you want me to restate it another way? All right, Madam President. They tell me I start all over again. Madam President, I offer one resolution on your behalf. 39 APPLICATIONS
Thank you. The Chief Clerk will please read the resolution.
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: Myung Enterprise, 1101 North 66th Street, Philadelphia 19151.
So that everybody understands, we are now voting on the resolution rejecting the Hearing Examiner's recommendation. All in favor will indicate by saying aye. (Aye.)
The ayes have it. The motion carries. Councilwoman, did you make a 39 APPLICATIONS motion? Are we all getting confused?
I don't think I made a resolution to accept the resolution.
All those in favor of the rejection of the Examiner's recommendation will vote aye.
The ayes have it and the motion carries. The next application is BPA2005-90.
Madam President, on the No. 90, EAP Inc., 2150 North 20th Street, have we voted on that yet?
We're just going to vote on it. That's what I'm calling up now.
The voice vote that we just had -- if you recall, on 21, we did not adopt the Examiner's recommendation. So what we did on the second vote was to move for the adoption of the resolution rejecting the Hearing Examiner's recommendation.
Okay. I thought we had already done that and then 39 APPLICATIONS there was another voice vote that I missed. Okay.
Again, we're back to No. 90, EAP Inc. The address of the premises is 2333 North Front Street -- I'm sorry; 2150 North 20th Street. EAP Inc., 2150 North 20th Street. At this time, I would recognize Councilwoman Blackwell.
Thank you, Madam President. I offer one resolution on your behalf.
Thank you. The Clerk will please read the title of the resolution.
A resolution modifying the recommendation of the Hearing Examiner approving, with 39 APPLICATIONS conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: The EAP Inc., 2150 North 20th Street, Philadelphia 19121.
The Chair again recognizes Councilwoman Blackwell.
All in favor of the adoption of the resolution will signify by saying aye. (No response.)
Are we all together here? Am I by myself up here thoroughly confused? All of those in favor of the adoption of the resolution will signify by saying aye. (No response.)
Okay. So, again, I would recognize Councilwoman Blackwell. And the record should also reflect on the application that we are presently considering that Councilman Clarke has recused himself. Councilwoman Blackwell.
Madam President, my understanding is that some provisions were agreed to at a hearing on this. Therefore, we move for the adoption of this resolution.
I might say, Madam President, that's not my understanding.
That's what I'm told by our staff, that agreements were made on this.
I know it's confusing, but it's not that confusing. Council President, while I did recuse, apparently a part of the problem is stemming -- and I understand the time associated with pulling all this together -- is that the sheet that we have that categorizes the various applications and some of the information pertaining to districts and recommendations does not coincide with the resolutions. So while on this particular case there was a recommendation as it related to our Council office and some members of the community about conditions, that's not reflected on this document. So the problem, as I see it, is 39 APPLICATIONS that people are responding to this document that we got earlier on in the day, and when we came into Council, we had this stack of resolutions. All that to say, in this particular case, there was an agreement to place certain conditions on this particular application.
Madam President, I would move that the resolution on No. 90 be reconsidered. (Duly seconded.)
We did that already. We moved that it be adopted, Madam President.
We moved that this resolution be adopted, so we're in order. All we have to do is vote.
We need a second. Is there a second for the adoption of the resolution? 39 APPLICATIONS
Madam President, I thought we had rejected the original motion. That's the only reason I asked for a reconsideration of it. I didn't want to ignore the no vote.
Madam President, our understanding, as Councilman Clarke has just said, we don't have the most recent information that at the last minute a community made an agreement and somehow that's somewhere in technical staff, so we don't know. So we're kind of going in the dark, and that's how this --
Councilman O'Neill has asked for a reconsideration of your motion that was passed earlier. Councilman Goode.
But 39 APPLICATIONS he's asking for reconsideration of a motion that we didn't vote on and we're all on the same side. So we're all moving for the adoption.
I believe we disapproved the last one. I believe that the body probably wants to approve it, so I'm seconding Councilman O'Neill's motion to reconsider the resolution.
I second Councilman O'Neill's motion to reconsider this resolution. 39 APPLICATIONS
All of those in favor of the motion will say aye. (Aye.)
The ayes have it. And, again, the Chair recognizes Councilwoman Blackwell for a motion.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
For the approval of the Hearing Examiner's recommendation.
If I might, and I think Councilwoman Tasco just said the same thing, if I might ask, prior to a vote, when it's mentioned about the resolution, if there could be just some additional language as to what that particular resolution either is or does, that would be helpful as we listen.
Would Councilwoman Blackwell have that information?
39 APPLICATIONS Anything that was just distributed -
And I believe the Chief Clerk does read the title.
Sure. A resolution modifying the recommendations of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: EAP Inc., 2150 North 20th Street, Philadelphia 19121.
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it, the resolution is adopted, and, again, I would like the record to reflect that Councilman Clarke has recused himself.
Madam President, I would like to be recorded as 39 APPLICATIONS no on that. This is North Front Street?
I'm fine. I had the wrong one. I don't know how I can be confused on this.
The next application is BPA2005-152. It's Jae Eop Lee. The location of the premises is 2333 North Front Street. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I offer one resolution on your behalf. 39 APPLICATIONS
A resolution accepting the recommendations of the Hearing Examiner and approving the following application for a permit to sell malt and brewed beverages for consumption off premises: The Jae Eop Lee, 2333 North Front Street, Philadelphia 19133.
Thank you. The Chair recognizes Councilwoman Blackwell.
It's my understanding that the immediate community is against the approval of this application, and I would just ask my colleagues if anybody has any other information, that they let me know, speak up now before we vote, because I'll be voting no.
Does anyone have any more information than what was provided to us that could be added to this record? (No response.)
Councilman, I don't think anyone has any further information.
All those in favor of the adoption of the resolution will say aye. (No response.)
And Councilman Mariano has recused himself. I would ask the Chief Clerk to -- Councilwoman Blackwell.
Madam President, I introduce another resolution on your behalf.
The Chief Clerk will please read the title of the resolution.
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: The Jae Eop Lee, 2333 North Front Street, Philadelphia 19133.
I move for the adoption of the resolution. 39 APPLICATIONS (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution just read has been adopted. We will now consider Application No. BPA2005-155. The name is 2047 Deli Inc. The location is 2047 Chestnut Street. The Chair recognizes Councilwoman Blackwell.
Madam President, I understand Councilman Clarke wants to introduce it.
I'm recognizing Councilman Clarke, since you have not recused yourself on this. 39 APPLICATIONS
Correct. Would it be more appropriate for me to make my comments after the motion on the resolution or prior to?
Councilwoman Blackwell, do you want to move for the adoption.
Madam President, then I offer one resolution on your behalf.
Sure. Mr. Auerbach just had a discussion with Councilman Clarke. I am told at this point we will recognize Councilman Clarke for a motion.
Madam President, I just want to give clarity. On this particular case, because I have not recused myself, I can obviously vote. In terms of the introduction of the resolution, do I not have to introduce both resolutions? I can just 39 APPLICATIONS simply go to the resolution in terms of what -
All right. First, I'd like to say that this particular application, although approved with conditions by the Examiner, in fact did not meet the threshold of the residents, particularly the Center City Residents Association and some of the other protestants for this particular operation. There were numerous problems that we believe will continue to exist in spite of the conditions that were imposed, so for that matter, I cannot support this particular application. So I will now introduce the resolution. Do you want me to read it? 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. 39 APPLICATIONS
Madam President, point of clarification. I just want to make sure everybody realizes, because I just found out, that we don't need two resolutions in this case because the Councilman is not recusing himself.
So, Councilman, you have made a motion. (Duly seconded.)
And it has been seconded. All those in favor? I'm sorry. Did you read it, Pat.
The 39 APPLICATIONS Councilman read it. Councilman Clarke did read the title. Pat, I'm told that you should read it.
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: 2047 Deli, 2047 Chestnut Street, Philadelphia 19103.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted, and the resolution is rejecting the Hearing Examiner's recommendation. All in favor will indicate by saying aye. 39 APPLICATIONS (Aye.)
The ayes have it and the motion carries. The next application is BPA2005 No. 168. The name of the applicant is H&M Beer Inc. The location, 1344 East Luzerne Street. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I offer one resolution on your behalf.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution accepting the recommendation of the Hearing Examiner and approving the following application for a permit to sell malt and brewed beverages for 39 APPLICATIONS consumption off premises: The H&M Beer Inc., 1344 East Luzerne Street, Philadelphia 19124.
The Chair again recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The record will reflect that Councilman Goode voted nay. Also, Councilman Mariano has recused himself. The next application number is BPA2005 No. 172. The name of the 39 APPLICATIONS applicant is 1057 H&K Corporation. The address is 1057 South 52nd Street. Councilwoman Blackwell.
Thank you, Madam President. I introduce this resolution.
The Chief Clerk will please read the title of the resolution.
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.
Thank you, Madam President. I move for the adoption of the resolution.
39 APPLICATIONS Councilman O'Neill, you look as though you wanted to say something.
Madam President, it's my understanding that the community is opposed to the approval of this --
Madam President, the legislation introduced was to reject the application. So we move to reject the Hearing Examiner's recommendation.
Okay. It has been moved and seconded that the resolution introduced by Councilwoman Blackwell rejecting the Hearing Examiner's recommendation on this particular application be adopted. All in favor will please say aye. 39 APPLICATIONS (Aye.)
The ayes have it and the resolution has been adopted. The next application is No. BPA2005 No. 182. The name of the establishment is 2729 Inc. located at 2729 West Girard Avenue. I would ask Councilwoman Blackwell to please offer the resolution.
Thank you, Madam President. I offer one resolution on your behalf.
The Chief Clerk will please read the title of the resolution.
A resolution modifying the recommendation of the Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed 39 APPLICATIONS beverages for consumption off premises.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
The ayes have it, the resolution is adopted, and the record will reflect that Councilman Clarke recused himself. The next application number is BPA2005-343. The name of the establishment is 1102 LAM Inc. located at 1102-1106 South 47th Street, and the 39 APPLICATIONS Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I offer one resolution.
The Clerk will please read the title of the resolution.
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.
It's an accepting the Hearing Examiner's recommendation and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises.
The Chair recognizes Councilwoman Blackwell. Councilwoman O'Neill, your light is on. 39 APPLICATIONS
A resolution was just read. I am now recognizing Councilwoman Blackwell for a motion. Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution is adopted. The next application is No. 39 APPLICATIONS BPA2005-409. The name of the company is Harry's Ogontz Deli Inc. located at 7701 Ogontz Avenue. The Chair recognizes Councilwoman Tasco.
Madam President, I move for the adoption of the resolution. I'd like to speak on the resolution
I introduce 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 at Harry's Ogontz Deli Inc., 7701 Ogontz Avenue.
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: Harry's Ogontz Deli, 7701 Ogontz Avenue, Philadelphia 19150.
The Chair recognizes Councilwoman Tasco for a motion.
I move for the adoption of the resolution. I'd like to speak on it. 39 APPLICATIONS (Duly seconded.)
It has been moved and seconded, and the Chair recognizes Councilwoman Tasco.
I'd just like to say that we had gotten some complaints about this deli, mainly about the congregation of people in front of the deli, but during the course of the hearing, we received two letters from the Block Captains in support of the deli, as well as signed petitions, although a number of the signers did not live in the area within 500 feet of whatever we go before the Zoning Board, a number of them did. So, therefore, while I disagree with the recommendation, I will support the application.
Thank you. It has been moved and seconded that the resolution be adopted. All in favor will please say aye. 39 APPLICATIONS (Aye.)
The record will reflect that Councilman Goode voted no. All other Councilmembers have voted in the affirmative. The next application is BPA2005-413. The name of the company is 63 CVA Inc. located at 2501 North 31st Street. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I offer one resolution on your behalf.
Thank you. The Chief Clerk will please read the title of the resolution. 39 APPLICATIONS
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.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The 39 APPLICATIONS ayes have it, the resolution is adopted, and the record should reflect that Councilman Clarke recused himself. The next application is BPA2005-432. We are now considering Shin's Market located at 2248 Ridge Avenue. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I offer one resolution on your behalf.
The Chief Clerk will please read the title of the resolution.
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: Shins's Market, 2248 Ridge Avenue, Philadelphia 19121.
The 39 APPLICATIONS Chair again recognizes Councilwoman Blackwell.
Madam President, it's my understanding that the local community is opposed to the decision or the recommendation to approve this application, and I'll be voting no. Again, if any other members have contrary information, I'd appreciate hearing it.
Thank you. You all heard Councilman O'Neill's remarks. Does anybody have any further information on this? The Chair recognizes Councilman Ramos. 39 APPLICATIONS
Madam President, I concur with the expressions. I come from segments of the community in opposition to the licensing of this establishment.
Okay. A motion was made. We did not get a second. Oh, Councilman O'Neill, you did second it.
The Chair again recognizes Councilwoman Blackwell.
Thank you, Madam President. I offer another resolution on your behalf.
Thank 39 APPLICATIONS you. The Chief Clerk will please read the title of the resolution.
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: Shin's Market, 2248 Ridge Avenue.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution rejecting the Hearing Examiner's recommendation be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it. The resolution is adopted. Also, the record will reflect that Councilman Clarke recused himself. We will now consider application BPA2005-437, Northeast Deli located at 6518 Castor Avenue. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I offer one resolution on your behalf.
Thank you. The Chief Clerk will please read the title of the resolution.
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: Northeast Deli, 6518 Castor Avenue, Philadelphia 39 APPLICATIONS 19149.
Thank you. The Chair recognizes Councilwoman Blackwell.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it, the resolution is adopted, and the record will reflect that Councilman Mariano did in fact recuse himself. The next application, No. 39 APPLICATIONS BPA2005-461. The name of the establishment is 7401 Kim and Kim Inc. located at 7401 Stenton Avenue. The Chair recognizes Councilwoman Tasco.
The Chief Clerk will please read the title of the resolution.
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: 7401 Kim and Kim, 7401 Stenton Avenue, Philadelphia 19150
Madam President, I move for the adoption of the resolution. (Duly seconded.) 39 APPLICATIONS
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution is adopted. We will now consider application BPA2005-536. The name of the establishment is Lyric 99 Inc. located at 6000-6002 Haverford Avenue, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I offer one resolution on your behalf.
The Chief Clerk will please read the title of the resolution.
A resolution 39 APPLICATIONS 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: Lyric 99, 6000 to 6002 Haverford Avenue.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
Yes, Madam President. I concur with the opposition of the local community on this, and I will be voting no. Thank you.
It has been moved and seconded that the resolution be adopted. 39 APPLICATIONS All in favor will indicate by saying aye. (No response.)
Since everyone is in opposition, I would ask Councilwoman Blackwell to please present another resolution.
Thank you, Madam President. I introduce another resolution on your behalf.
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: Lyric 99, 6000 to 02 Haverford Avenue.
Thank you. The Chair recognizes Councilwoman Blackwell. 39 APPLICATIONS
Madam President, I move for the adoption of this resolution.
It has been moved and seconded that this resolution be adopted, and that would be rejecting the Hearing Examiner's recommendation. All in favor will please indicate by saying aye. (Aye.)
And the record will reflect that Councilman Nutter has recused himself from this.
The next application is BPA2005-756. The name of the establishment is New 17th Inc. located at 2501 North 17th Street. 39 APPLICATIONS The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I introduce one resolution on your behalf.
The Chief Clerk will please read the title of the resolution.
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: New 17th, 2501 North 17th Street, Philadelphia 19132.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the 39 APPLICATIONS resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, the resolution is adopted, and the record will reflect that Councilman Clarke recused himself on this particular application. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Madam President, I need to be excused to attend to Council business. I know I can't leave a vote, but if anybody has any questions about anything in the 8th Council District, my legislative aide, St. Martin Torrence, will be here in the room, and I recuse myself anyway.
You will be excused. Thank you. The next application is BPA2005-779, Khov-Tieg-Eap Enterprises located at 2001 West York Street. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I offer one resolution on your behalf.
The Chief Clerk will please read the title of the resolution.
A resolution modifying 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: The EAP Enterprises, 2001 West York Street, Philadelphia, PA 19132.
Thank you. 39 APPLICATIONS The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, the resolution is adopted, and, again, the record will reflect Councilman Clarke has recused himself. The next application number is BPA2005-790, Jimmy's Germantown Place Inc. located at 3509-15 Germantown Avenue. The Chair recognizes Councilwoman Blackwell. 39 APPLICATIONS
Thank you, Madam President. I offer one resolution on your behalf.
The Chief Clerk will please read the title of the resolution.
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: Jimmy's Germantown Place, 3509 to 15 Germantown Avenue, Philadelphia 19140.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor? 39 APPLICATIONS (Aye.)
The ayes have it, the resolution is adopted, and the record, again, will reflect that Councilman Clarke recused himself. The next application is BPA2005-889, Loav's Inc., 5217 West Girard Avenue. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I offer one resolution.
The Chief Clerk will please read the title of the resolution.
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: Loav's Inc., 5217 West Girard Avenue, Philadelphia 19131.
Councilwoman, that's rejecting the Hearing Examiner's recommendation?
I just wanted everybody to be aware of that. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution is adopted. The next application is BPA2005-995, Yuong Enterprises -- I guess I'm pronouncing that right -- Inc., 2201-2207 Ridge Avenue, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I offer one resolution on your behalf.
The Chief Clerk will please read the title of the resolution.
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: Yuong Enterprise, 2201 to 07 Ridge Avenue, Philadelphia 19121. 39 APPLICATIONS
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it, the resolution is adopted, and, again, the record will reflect that Councilman Clarke recused himself. The next application number is BPA2005-1095, Thorne Corporation, 1315-17 Bainbridge Street, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I offer one 39 APPLICATIONS resolution on your behalf.
Thank you. The Chief Clerk will please read the title of the resolution.
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: Thorne Corporation, 1315 to 17 Bainbridge Street, Philadelphia 19147.
I am advising my colleagues that we need nine votes, so I am suggesting that we not -Councilman O'Neill. 39 APPLICATIONS
Point of clarification, Madam President. On resolutions, my understanding is it's a majority of those present. MR. McPHERSON: We need nine in the room, five for the quorum.
We need nine in the room. That's what I just said.
Thank you, Madam President. Are we up for the next bill? 39 APPLICATIONS I move for the adoption. Sorry. I'm reading ahead.
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, the resolution is adopted, and the record will reflect that Councilman DiCicco recused himself. The next application is BPA2005-1160. The name of the establishment is 1338 BT Inc. located at 1338 West Cambria Street, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I offer one resolution on your behalf.
Thank you. 39 APPLICATIONS The Chief Clerk will please read the title of the resolution.
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: 1338 BT Inc., 1338 West Cambria Street, Philadelphia 19132.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
The ayes have it, the resolution is adopted, and Councilman Clarke has recused himself on this application. The next application is No. BPA2005-1338 and the name of the establishment is NGO Belfield Inc. located at 1757 Belfield Avenue. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I offer one resolution on your behalf.
Thank you. The Chief Clerk will please read the title of the resolution.
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: NGO Belfield 39 APPLICATIONS Inc., 1757 Belfield Avenue, Philadelphia 19141.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
Councilman Goode is voting no. All other members are voting aye, and the record will reflect that Councilwoman Miller recused herself. The next application is No. BPA2005-1366, H&M Deli located at 800 39 APPLICATIONS East Chelten Avenue. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I offer one resolution on your behalf.
Thank you. The Chief Clerk will please read the title of the resolution.
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: H&M Deli, 800 East Chelten Avenue, Philadelphia 19138.
Thank you, Madam President. I move for the adoption. (Duly seconded.) 39 APPLICATIONS
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, the resolution is adopted, and the record will reflect that Councilwoman Miller recused herself. The next application is No. BPA2005-1580, RCP No. 3 located at 105-107 Grape Street. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I offer one resolution on your behalf.
The Chief Clerk will please read the title of the resolution.
A resolution 39 APPLICATIONS 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: RCP No. 3, 105 to 107 Grape Street, Philadelphia 19127.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The Chair recognizes Councilman O'Neill. 39 APPLICATIONS
It's my understanding that the local community is against this, and I'll be voting no on it. If there's any other information on that, I'd appreciate hearing it.
Is there any other information on this application? (No response.)
Then it's time for me to offer another resolution, Madam President. 39 APPLICATIONS
I think you moved that the application be approved. Was there a second? I don't recall.
All in favor of the adoption of the resolution will say aye. (No response.)
With that being in opposition, I would ask Councilwoman Blackwell to please present another resolution.
Thank you, Madam President. I offer another resolution on your behalf. 39 APPLICATIONS
Thank you. The Chief Clerk will please read the title of the resolution.
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: RCP No. 3, 105 to 107 Grape Street, Philadelphia 19127.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
We are now voting on the adoption of a resolution rejecting the Hearing Examiner's recommendation. All in favor will indicate by saying aye. (Aye.) 39 APPLICATIONS
The ayes have it and the resolution is adopted. The record will reflect that Councilman Nutter recused himself. The next application is BPA2005-1621. The name of the establishment is Three Main Inc. located at 4245 Main Street. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I introduce one resolution on your behalf.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution accepting the recommendation of the Hearing Examiner and approving the following application for a permit to sell malt and brewed beverages for 39 APPLICATIONS consumption off premises: Three Main Inc., 4245 Main Street, Philadelphia 19127.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded and I see that -- all those in favor? Councilman O'Neill.
Yes. I understand the community is opposed to this and I would be voting no.
Okay. I believe a motion was made and seconded that the resolution be approved. All in favor will say aye. 39 APPLICATIONS (No response.)
The no's have it, and I would ask Councilwoman Blackwell to please present another resolution.
Thank you, Madam President. I introduce another resolution on your behalf.
Thank you. The Chief Clerk will please read the title of the resolution.
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: Three Main Inc., 4245 Main Street, Philadelphia 19127.
Thank 39 APPLICATIONS you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution rejecting the Hearing Examiner's recommendation be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted, and we will note that Councilman Nutter recused himself. The next application is BPA2005-1645, Woney Inc., 428-430 South 13th Street, and the Chair recognizes 39 APPLICATIONS Councilwoman Blackwell.
Thank you, Madam President. I offer one resolution on your behalf.
Thank you. The Chief Clerk will please read the title of the resolution.
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: Woney Inc., 428 to 430 South 13th Street, Philadelphia 19147.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the 39 APPLICATIONS resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, the resolution is adopted, and the record will indicate that Councilman DiCicco recused himself. The next application is No. BPA2005-1658, Cresson Inn Bar & Grill Inc., 114 Gay Street. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I offer one resolution on your behalf.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution 39 APPLICATIONS 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: The Cresson Inn Bar & Grill, 114 Gay Street, Philadelphia 19127.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded, and the Chair recognizes Councilman O'Neill.
Madam President, I understand the local community is opposed to this, and I will be voting no.
Would anyone else like to be recognized at this time? (No response.) 39 APPLICATIONS
There has been a motion made and seconded that the resolution be adopted. All in favor will say aye. (No response.)
With it being no, I would ask Councilwoman Blackwell to please present another resolution.
Thank you, Madam President. I offer another resolution on your behalf.
The Chief Clerk will please read the title of the resolution.
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: The Cresson 39 APPLICATIONS Inn Bar & Grill, 114 Gay Street, Philadelphia 19127.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, the resolution is adopted, and the record will indicate that Councilman Nutter recused himself. The next application is BPA2005-1712, 4100 H&T Enterprises Inc. located at 4100 Lancaster Avenue. 39 APPLICATIONS The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I offer one resolution.
The Chief Clerk will please read the title of the resolution.
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: 4100 H&T Enterprise, 4100 Lancaster Avenue, Philadelphia 19104.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the 39 APPLICATIONS resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it. The resolution is adopted. The next application number is BPA2005-1794 and the name of the establishment is 2200 LY Inc. located at 2200 North 18th Street. I would ask Councilwoman Blackwell to be introducing a resolution at this time.
Thank you, Madam President. I offer one resolution on your behalf.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution 39 APPLICATIONS 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: 2200 LY, 2200 North 18th Street, Philadelphia 19132.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it. The resolution is adopted. 39 APPLICATIONS The record will reflect that Councilman Clarke did in fact recuse himself. The next application number is BPA2005-1898. The name of the establishment is C Lee Inc. located at 2272 North Bouvier Street. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I offer one resolution on your behalf.
Thank you. The Chief Clerk will please read the title of the resolution.
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: C Lee Inc., 2272 North Bouvier Street, Philadelphia 19132.
The 39 APPLICATIONS Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it, the resolution is adopted, and the record will reflect that Councilman Clarke recused himself. The next application number is BPA2005-1904. The name of the establishment is Sit Down Corp located at 2200 North Broad Street. The Chair recognizes Councilwoman Blackwell. 39 APPLICATIONS
Thank you, Madam President. I offer one resolution on your behalf.
The Chief Clerk will please read the title of the resolution.
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: Sit Down Corp, 2200 North Broad, Philadelphia 19132.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. 39 APPLICATIONS (Aye.)
The ayes have it, the resolution is adopted, and the record will indicate that Councilman Clarke recused himself. The following will be applications in the Second District that will be called up for consideration. Since I have recused myself from consideration of those applications, I now designate Councilwoman Blackwell to act as President Pro Tem while those applications are being considered. Councilwoman Blackwell.
The next application is number BPA2005-148, 255 Latimer Deli Inc., 255-257 South 15th Street. The Chair recognizes Councilwoman Tasco.
Madam 39 APPLICATIONS President Pro Tem, I offer one resolution on your behalf.
Thank you. The Clerk will please read the title of the resolution.
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: LST Services, 6001 Upland Street, Philadelphia 19142.
The Chair recognizes Councilwoman Tasco for a motion on the resolution.
Just one second, please. I think that we should be looking at Latimer Street.
It's 39 APPLICATIONS Latimer Deli, Councilwoman, at 255-57 South 15th Street. Latimer is the name of the deli, not the street.
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: 255 Latimer Deli, 255 to 257 South 15th Street, Philadelphia 19102.
All in favor of the adoption of the resolution will signify by saying aye.
I move for the adoption of the resolution. (Duly seconded.)
Thank 39 APPLICATIONS you. The resolution has been moved and seconded. The Chair recognizes Councilman Clarke.
Thank you, Madam Pro Tem. Madam Pro Tem, this particular location is actually in the Second Councilmanic District, but it used to be in the Councilmanic District that I represented prior to redistricting, so I'm very familiar with not only its location but a lot of the community residents in the surrounding area and also members of CCRA. CCRA has indicated both through letter and through conversations to my office they are adamantly opposed to the granting of this particular application. So I just want to say for the record that I will be voting no for this particular application.
Thank you, Councilman. 39 APPLICATIONS The record will show that Council President Verna has recused herself in this matter and is not voting. The Chair will now recognize Councilwoman Tasco, who will introduce and move for adoption of the resolution rejecting the Hearing Examiner's recommendation.
We have to vote on the first one. We didn't vote on the first resolution.
Sorry. Sorry. Sorry. I'm getting ahead of myself. The Chair recognizes Councilwoman Tasco for a motion.
I had it moved. We had a second. Now we're ready for the vote, Madam Pro Tem.
All in favor of adoption of the resolution will 39 APPLICATIONS signify by saying aye. Those opposed will say nay. (Nay.)
The Chair recognizes Councilwoman Tasco, who will now introduce and move for the adoption of the resolution rejecting the Hearing Examiner's recommendation.
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: 255 Latimer Deli, 255-57 South 15th Street, Philadelphia 19102.
All in favor of the adoption of the resolution will signify by saying aye. (Aye.)
The 39 APPLICATIONS ayes have it and the resolution is adopted. Thank you very much. I'm told we didn't have a motion rejecting the Hearing Examiner's recommendation. I think we did. Did we not complete that? I thought we just voted, but voting twice won't hurt it. The Chair recognizes Councilwoman Tasco.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
Madam Pro Tem, just so that there will be no 39 APPLICATIONS confusion, we were voting on the 255 Latimer Deli?
Absolutely. Thank you very much. The next application is numbered BPA2005-431, LST Services Inc., and the address for the application is 6001 Upland Street. The Chair recognizes Councilwoman Tasco.
Thank you. The Clerk will please read the title of the resolution.
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: LST Services, 6001 Upland Street, 39 APPLICATIONS Philadelphia 19142.
Thank you. All in favor of the adoption of the resolution will signify -
Thank you, Councilwoman. Is there a second? (Duly seconded.)
All in favor of the adoption of the resolution will signify by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The record will show that Council President Verna has recused herself in this matter and is not voting. 39 APPLICATIONS
Thank you very much. The Chief Clerk will please read the title of the resolution.
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: 770 Ameribeer Inc., 1501 to 03 Federal Street, Philadelphia 19146.
I move for the adoption of the resolution. (Duly seconded.)
The ayes have it and so the resolution is adopted. The next application is numbered BPA2005-618, Roberts Twi-Lite Lounge Inc., 700 South 20th Street. The Chair recognizes Councilwoman Tasco.
A resolution accepting the recommendation of the 39 APPLICATIONS Hearing Examiner and approving, with conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: Roberts Twi-Lite Lounge, 700 South 20th, Philadelphia 19146.
The Chair recognizes Councilwoman Tasco for a motion.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded. All in favor will signify by voting aye. (Aye.)
The Chair recognizes Councilwoman Tasco to introduce another resolution.
I'd just 39 APPLICATIONS like for the record that President Verna has recused herself from that last resolution, 700 South 20th Street.
Thank you for making that important note for the record.
Thank you. The Chief Clerk will read the title of the resolution.
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: Pine Deli, 1613 Pine Street, Philadelphia 19103.
I move for the adoption of the resolution. (Duly seconded.)
39 APPLICATIONS Councilman Clarke, you would like to be noted on this?
Yes, thank you, Madam Pro Tem. Madam Pro Tem, although this particular resolution has indicated their approval with conditions, there are some additional conditions, and at this time, I would like to offer an amendment to change some of the conditions and make some deletions and additions to the conditions. This had been circulated earlier among the body, so I'd like to offer this amendment at this time for approval.
Thank you very much. The Chief Clerk will please read the title of the amendments just offered by Councilman Clarke.
An amendment to BPA2005-1651, amending a resolution accepting the recommendation of the Hearing Examiner and approving, with 39 APPLICATIONS conditions, the following application for a permit to sell malt and brewed beverages for consumption off premises: Pine Deli, 1613 Pine Street, Philadelphia 19103, to delete the final sentence on the first page of the resolution, which reads, "This approval is subject to the conditions set forth in Hearing Examiner's report attached as Exhibit-A and substitute in its place the following sentence: 'This approval is subject to the following condition as agreed to by the parties at the time of the hearing.'"
Thank you very much. The Chair recognizes Councilwoman Tasco.
I move for the adoption of the amended resolution. (Duly seconded.)
It's been moved and seconded that the recommendations be adopted. All in favor will say aye. 39 APPLICATIONS (Aye.)
We will move for the adoption of the amendment. Councilman Clarke.
I move for the adoption of the amendment. (Duly seconded.)
It's been moved and seconded that the amendments should be adopted. All in favor will say aye. (Aye.)
So the amendments are adopted. The Chair now recognizes Councilwoman Tasco.
I move for the adoption of the amended resolution. (Duly seconded.)
It has 39 APPLICATIONS been moved and seconded that the amended resolution be adopted. All in favor will say aye. (Aye.)
Let the record also show that Council President Verna has recused herself in this matter and is not voting. The Chair now recognizes Councilwoman Tasco for the purpose of introducing another resolution.
I offer one resolution on your behalf, Madam President Pro Tem.
Thank you. The Clerk will read the title of the resolution.
A resolution accepting the recommendation of the Hearing Examiner and approving the 39 APPLICATIONS following application for a permit to sell malt and brewed beverages for consumption off premises: Lucky Sue Inc., 1639 South 24th Street, Philadelphia 19145.
Thank you. The Chair recognizes Councilwoman Tasco for a motion.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
If there's no opposition, then this resolution is adopted. The next application is for 39 APPLICATIONS BPA2005 No. 1874, JEFF Inc. at 1644 Wharton Street. The Chair recognizes Councilwoman Tasco for purposes of offering a resolution.
The Chief Clerk will read the title of the resolution.
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: JEFF Inc., 1644 Wharton Street, Philadelphia 19146.
I move for the adoption of the resolution. (Duly seconded.)
It has 39 APPLICATIONS been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
There are none. The ayes have it, and so this resolution is adopted. The record will also show that President Verna has recused herself in this matter and is not voting. Thank you.
As difficult as it was, we have concluded the applications for today. At this time, I would ask if there are any speeches on the part of the Minority? (No response.)
Yes. I think we have to stay after school for this. At this point in time, the Chair recognizes Councilwoman Tasco for a motion to adjourn.
I would like to speak on the part of the Majority first. I just have an announcement to make.
I'm sorry. The Chair recognizes Councilwoman Tasco.
There has been an effort to try to figure out a way how to deal with PGW, and State Representative Dwight Evans engaged the former PUC Chairman, Joe Rhoads, to conduct an investigation on the best possible way to deal with PGW. There will be a meeting tomorrow from 1:00 to 2:30 at the State Office Building, Hearing Room No. 2 to discuss some of the alternatives, including the issue of a merger with PGW and/or any other utility. That might be helpful to members of City Council. It is an information meeting, which will present the pros and cons of some of the discussions that we've had today, and we invite the Councilmembers, if they are available, to attend.
I'm very happy that you mentioned that, because I think I received a letter -
-this morning, and with all of the confusion about these applications, I neglected to really make it be known, but I think it would be very interesting for all of us to be there.
I think the discussion is appropriate at this time. There's a lot of information. There's not a simple answer to it.
Right. Are there any other speeches on the part of the Majority? (No response.)
Seeing none, again, the Chair recognizes Councilwoman Tasco for a motion to adjourn.
I move that Council stand adjourned until Thursday, October the 27th at 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, October 27, 2005 at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it. The motion carries. (Stated Meeting adjourned at 1:50 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 October 20, 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.)