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.