civus
Minutes

Stated Meeting, October 20, 2005

Philadelphia City CouncilOct 20, 2005

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Chief Clerk

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.

Council President Verna

The Chair again recognizes Councilwoman Blackwell.

Councilwoman Blackwell

I move for the adoption. (Duly seconded.)

Council President Verna

All in favor of the adoption of the resolution will signify by saying aye. (No response.)

Council President Verna

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.)

Council President Verna

Those opposed? 39 APPLICATIONS (No.)

Council President Verna

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.

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.

Council President Verna

All right. We're going back.

Councilman O'Neill

I might say, Madam President, that's not my understanding.

Councilwoman Blackwell

That's what I'm told by our staff, that agreements were made on this.

Councilman Clarke

Madam President?

Council President Verna

39 APPLICATIONS Councilwoman Clarke.

Councilman Clarke

Councilman Clarke.

Council President Verna

Councilman Clarke.

Councilman Clarke

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.

Councilman O'Neill

Madam President, I would move that the resolution on No. 90 be reconsidered. (Duly seconded.)

Councilwoman Blackwell

We did that already. We moved that it be adopted, Madam President.

Council President Verna

I'm sorry.

Councilwoman Blackwell

We moved that this resolution be adopted, so we're in order. All we have to do is vote.

Council President Verna

We need a second. Is there a second for the adoption of the resolution? 39 APPLICATIONS

Councilman O'Neill

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.

Council President Verna

All right. So ask for a reconsideration.

Councilwoman Blackwell

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 --

Council President Verna

Councilman O'Neill has asked for a reconsideration of your motion that was passed earlier. Councilman Goode.

Councilman O'Neill

It wasn't passed.

Councilwoman Blackwell

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.

Council President Verna

It was seconded.

Councilwoman Blackwell

Why don't we start over.

Council President Verna

I think we did vote no on it.

Councilman Goode

Point of order.

Council President Verna

Councilman Goode.

Councilman Goode

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.

Councilwoman Blackwell

That's fine.

Councilman Goode

I second Councilman O'Neill's motion to reconsider this resolution. 39 APPLICATIONS

Council President Verna

All of those in favor of the motion will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. And, again, the Chair recognizes Councilwoman Blackwell for a motion.

Councilwoman Blackwell

I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

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

Councilwoman Tasco

Which resolution?

Councilwoman Miller

We have so many resolutions. 39 APPLICATIONS

Council President Verna

For the approval of the Hearing Examiner's recommendation.

Councilwoman Tasco

Should that be stated each time? Thank you.

Councilman Nutter

Madam President?

Council President Verna

Yes.

Councilman Nutter

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.

Council President Verna

Would Councilwoman Blackwell have that information?

Councilwoman Blackwell

Madam President, I do not.

Council President Verna

You should. It was distributed this morning.

Councilwoman Blackwell

39 APPLICATIONS Anything that was just distributed -

Council President Verna

And it's the title that Pat reads.

Councilwoman Tasco

We all have a resolution on it.

Councilwoman Blackwell

We have the initial packet that everyone has.

Council President Verna

And I believe the Chief Clerk does read the title.

Councilman Nutter

Okay.

Councilwoman Tasco

Would you read it again, please.

Chief Clerk

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.

Councilwoman Tasco

All right. That's fine. 39 APPLICATIONS

Council President Verna

Okay. So you made a motion, Councilwoman, for -

Councilwoman Blackwell

We move for the adoption of this resolution.

Council President Verna

Is there a second? (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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

Councilman O'Neill

Madam President, I would like to be recorded as 39 APPLICATIONS no on that. This is North Front Street?

Council President Verna

No; North 20th.

Councilman O'Neill

Why are we still doing 20th Street?

Council President Verna

It's 2150 North 20th. It's No. 90, Councilman.

Councilman O'Neill

Okay. Thank you.

Council President Verna

So what is your position?

Councilman O'Neill

I'm fine. I had the wrong one. I don't know how I can be confused on this.

Council President Verna

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.

Councilwoman Blackwell

Thank you, Madam President. I offer one resolution on your behalf. 39 APPLICATIONS

Council President Verna

The Chief Clerk will please read the title.

Chief Clerk

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.

Council President Verna

Thank you. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

I move for the adoption of the resolution.

Council President Verna

Is there a second?

Councilman O'Neill

Second.

Council President Verna

All in favor will indicate by saying aye.

Councilman O'Neill

I'd like to speak on it.

Council President Verna

39 APPLICATIONS Councilman O'Neill.

Councilman O'Neill

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.

Council President Verna

Does anyone have any more information than what was provided to us that could be added to this record? (No response.)

Council President Verna

Councilman, I don't think anyone has any further information.

Councilman O'Neill

Okay. Thank you.

Council President Verna

All those in favor of the adoption of the resolution will say aye. (No response.)

Council President Verna

Those 39 APPLICATIONS opposed? (No.)

Council President Verna

And Councilman Mariano has recused himself. I would ask the Chief Clerk to -- Councilwoman Blackwell.

Councilwoman Blackwell

Madam President, I introduce another resolution on your behalf.

Council President Verna

The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution rejecting the Hearing Examiner's recommendation and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: The Jae Eop Lee, 2333 North Front Street, Philadelphia 19133.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

I move for the adoption of the resolution. 39 APPLICATIONS (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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.

Councilwoman Blackwell

Madam President, I understand Councilman Clarke wants to introduce it.

Council President Verna

I'm recognizing Councilman Clarke, since you have not recused yourself on this. 39 APPLICATIONS

Councilman Clarke

Correct. Would it be more appropriate for me to make my comments after the motion on the resolution or prior to?

Council President Verna

Councilwoman Blackwell, do you want to move for the adoption.

Councilwoman Blackwell

Madam President, then I offer one resolution on your behalf.

Mr. Auerbach

Can I just have a second with Councilman Clarke?

Council President Verna

Sure. Mr. Auerbach just had a discussion with Councilman Clarke. I am told at this point we will recognize Councilman Clarke for a motion.

Councilman Clarke

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 -

Council President Verna

Yes, you would.

Councilman Clarke

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

Councilman O'Neill

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.

Council President Verna

Right.

Councilman O'Neill

Okay. Thank you.

Council President Verna

So, Councilman, you have made a motion. (Duly seconded.)

Councilman Clarke

Yes, Madam President.

Council President Verna

And it has been seconded. All those in favor? I'm sorry. Did you read it, Pat.

Chief Clerk

No, I didn't. The Councilman did.

Council President Verna

The 39 APPLICATIONS Councilman read it. Councilman Clarke did read the title. Pat, I'm told that you should read it.

Chief Clerk

A resolution rejecting the recommendation of the Hearing Examiner and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises: 2047 Deli, 2047 Chestnut Street, Philadelphia 19103.

Council President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

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

Council President Verna

It has been moved and seconded that the resolution be adopted, and the resolution is rejecting the Hearing Examiner's recommendation. All in favor will indicate by saying aye. 39 APPLICATIONS (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

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.

Councilwoman Blackwell

Thank you, Madam President. I offer one resolution on your behalf.

Council President Verna

Thank you. The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving the following application for a permit to sell malt and brewed beverages for 39 APPLICATIONS consumption off premises: The H&M Beer Inc., 1344 East Luzerne Street, Philadelphia 19124.

Council President Verna

The Chair again recognizes Councilwoman Blackwell.

Councilwoman Blackwell

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

Council President Verna

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

Council President Verna

Those opposed?

Councilman Goode

Nay.

Council President Verna

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.

Councilwoman Blackwell

Thank you, Madam President. I introduce this resolution.

Council President Verna

The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution rejecting the Hearing Examiner's recommendation and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution.

Council President Verna

Is there a second? (Duly seconded.)

Council President Verna

39 APPLICATIONS Councilman O'Neill, you look as though you wanted to say something.

Councilman O'Neill

Madam President, it's my understanding that the community is opposed to the approval of this --

Councilwoman Blackwell

Correct.

Councilman O'Neill

-recommendation, and I'm just questioning the -

Councilwoman Blackwell

Madam President, the legislation introduced was to reject the application. So we move to reject the Hearing Examiner's recommendation.

Council President Verna

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.)

Council President Verna

Those opposed? (No response.)

Council President Verna

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.

Councilwoman Blackwell

Thank you, Madam President. I offer one resolution on your behalf.

Council President Verna

The Chief Clerk will please read the title of the resolution.

Chief Clerk

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.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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.

Councilwoman Blackwell

Thank you, Madam President. I offer one resolution.

Council President Verna

The Clerk will please read the title of the resolution.

Chief Clerk

A resolution accepting the Hearing Examiner's recommendation and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises.

Council President Verna

Is that a disapproval or an approval?

Chief Clerk

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.

Council President Verna

The Chair recognizes Councilwoman Blackwell. Councilwoman O'Neill, your light is on. 39 APPLICATIONS

Councilman O'Neill

Is the motion before us?

Council President Verna

A resolution was just read. I am now recognizing Councilwoman Blackwell for a motion. Councilwoman Blackwell.

Councilwoman Blackwell

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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.

Councilwoman Tasco

Madam President, I move for the adoption of the resolution. I'd like to speak on the resolution

Council President Verna

Yes. Is there a second? (Duly seconded.)

Council President Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Madam President, we had -

Council President Verna

Wait just a minute.

Councilwoman Tasco

I'll introduce it. Should I read it?

Council President Verna

Yes, would you introduce -

Councilwoman Tasco

What do I say? 39 APPLICATIONS

Council President Verna

Please introduce -

Councilwoman Tasco

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.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving the following application for a permit to sell malt and brewed beverages for consumption off premises: Harry's Ogontz Deli, 7701 Ogontz Avenue, Philadelphia 19150.

Council President Verna

The Chair recognizes Councilwoman Tasco for a motion.

Councilwoman Tasco

I move for the adoption of the resolution. I'd like to speak on it. 39 APPLICATIONS (Duly seconded.)

Council President Verna

It has been moved and seconded, and the Chair recognizes Councilwoman Tasco.

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.

Council President Verna

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

Council President Verna

Those opposed?

Councilman Goode

Nay.

Council President Verna

I'm sorry. Who is saying nay?

Councilman Goode

Nay.

Council President Verna

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.

Councilwoman Blackwell

Thank you, Madam President. I offer one resolution on your behalf.

Council President Verna

Thank you. The Chief Clerk will please read the title of the resolution. 39 APPLICATIONS

Chief Clerk

A resolution accepting the Hearing Examiner's recommendation and disapproving the following application for a permit to sell malt and brewed beverages for consumption off premises.

Council President Verna

Thank you. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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.

Councilwoman Blackwell

Thank you, Madam President. I offer one resolution on your behalf.

Council President Verna

The Chief Clerk will please read the title of the resolution.

Chief Clerk

A resolution accepting the recommendation of the Hearing Examiner and approving the following application for a permit to sell malt and brewed beverages for consumption off premises: Shins's Market, 2248 Ridge Avenue, Philadelphia 19121.

Council President Verna

The 39 APPLICATIONS Chair again recognizes Councilwoman Blackwell.

Councilwoman Blackwell

I move for the adoption of the resolution.

Council President Verna

Is there a second?