Stated Meeting, June 16, 2005

An ordinance to amend the Philadelphia Zoning Maps bounded by Thompson Street and the Betsy Ross Bridge.

This bill having been read on two different days, the question now is shall the bill pass finally. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 The Chief Clerk will please call the roll. THE

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco. COUNCILMAN DiCICCO: Aye. THE

Councilman Goode.

Aye. THE

Councilman Kelly.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 THE

Councilwoman Miller.

Aye. THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ramos.

Aye. THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco.

Aye. THE

Council President Verna.

Aye. The ayes are 17, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 We will now consider Bill No. 050464. THE

An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas bounded by State Road, former Rhawn Street, Delaware River, and Bleigh Avenue.

This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll. THE

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco. COUNCILMAN DiCICCO: Aye. THE

Councilman Goode.

Aye. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 THE

Councilman Kelly.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ramos.

Aye. THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05

Aye. THE

Councilwoman Tasco.

Aye. THE

Council President Verna.

Aye. The ayes are 17, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 050465. THE

An ordinance amending Title 14 of the Philadelphia Code entitled "Zoning and Planning," by entitled "Waterfront Redevelopment District," under certain terms and conditions.

This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll. THE

Councilwoman Blackwell. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco. COUNCILMAN DiCICCO: Aye. THE

Councilman Goode.

Aye. THE

Councilman Kelly.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. THE

Councilman Nutter. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ramos.

Aye. THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco.

Aye. THE

Council President Verna.

Aye. The ayes are 17, the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 050466. THE

An ordinance to amend the Philadelphia Zoning Maps within an SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 area bounded by New State Road, Milnor Street, Princeton Avenue, the Delaware River, and Unruh Avenue.

This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll. THE

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco. COUNCILMAN DiCICCO: Aye. THE

Councilman Goode.

Aye. THE

Councilman Kelly.

Aye. THE

Councilman Kenney.

Aye. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ramos.

Aye. THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco.

Aye. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 THE

Council President Verna.

Aye. The ayes are 17, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 040876. THE

An ordinance amending Section 19-2900 of Title 19 of the Philadelphia Code entitled "Senior Citizen Low Income Special Tax Provisions."

The Chair recognizes Councilman Clarke.

Thank you, Madam President. Madam President, we circulated an amendment, spoke about it in caucus. Essentially, we would like to offer in somewhat a technical amendment. It talks about the time of enactment. We inserted language that says 180 days after the effective date to enable the Administration to place implementation of this SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 bill in accordance with the budget cycle. So I would like to make a motion, offer this amendment to Bill 040876. (Duly seconded.)

It has been moved and second the that the amendment be adopted. All in favor will please indicate by saying aye. Those opposed? The ayes have it, the motion carries, and Bill No. 040876 has been amended. The Chief Clerk will please read the title of Bill No. 050369. THE

An ordinance constituting the Fifth Supplemental Ordinance to the Amended and Restated General Airport Revenue Bond Ordinance, in a maximum aggregate principal amount not to exceed $125 million.

This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll. THE

Councilwoman SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco. COUNCILMAN DiCICCO: Aye. THE

Councilman Goode.

Aye. THE

Councilman Kelly.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ramos.

Aye. THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco.

Aye. THE

Council President Verna.

Aye. The ayes are 17, the nays are zero. A majority of all members having voted in the affirmative, this bill passes. I would ask the clerk to please read the title of Bill No. 050506. THE

An ordinance SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 authoring the creation of a loan or loans to provide funds for and towards various capital municipal purposes.

This bill having been read on two different days, the question now is shall the bill pass finally. Since Bill No. 050506 would authorize the city to incur new debt, it requires the approval of two-thirds of the members of Council. At this time the Chair recognizes Councilman Nutter.

Thank you, Madam President. Madam President, I have circulated an amendment which is virtually identical to a proposed amendment from last week, which is virtually identical to an amendment that was proposed in committee which was not successful. It would provide some amount of consistency with the general philosophy that was expressed in a previous resolution that was approved by this body regarding the SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 selection of professionals on city-related bond issues. When I said this amendment is virtually the same as last week, what I mean is, it is the same plus an additional provision that recognizes that there is, of course, more than one way of selecting professionals. So there was some additional language asserted that recognized that. In previous years, in a different Administration, there was what's often referred to as a rotation system for the appointment of different professionals for these transactions. Of course, whether it is by resolution or other mechanism of putting provisions in to place a bill, which I do have an interest in, but at the moment given where we are in a time frame, this proposed bond deal, which the teams have not yet been put together, the offering will not take place until next year, and our own acting Finance Director has indicated, testified to, in the Public Hearing that this being in compliance SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 with the approved -- with the resolution that had been previously approved by Council would not interfere with the transaction, I only ask consideration that we try to have some additional sign that we are working toward changing of this process for the selection of these professionals. Again, I recognize there is more than one good way of doing this, or even better ways of the selection process in different jurisdictions that have different ways. This particular one is fairly well modeled after executive order from the State of New Jersey. But I ask your consideration of this amendment with regard to this bill and move the adoption of the proposed amendments to Bill No. 050506. (Duly seconded.)

Thank you. The Chair recognizes Councilman Clarke.

Thank you, Madam SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 President. Madam President, I'm not sure if I heard you correctly. You indicated that this particular bill needs a two-thirds vote?

The passage of the bill. We are now talking about the amendment.

I am asking you about what you said earlier.

I just said that; I didn't realize that the amendment was going to be introduced.

I am asking about the two-thirds requirement.

Yes; for the passage of the bill, but not the amendment.

May I ask for clarification on the two-thirds requirement, and if we have ever done that before on such a bill?

If you would like, I will read what I said.

I am asking for clarification on that requirement.

Do you want me to SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 read what I said? It is a statutory requirement. And I will read what I said earlier. Since Bill No. 050506 would authorize the city to incur new debt, it requires the approval of two-thirds of the members of Council. So if two-thirds of the members vote for the passage, so be it. And if they don't, then the bill fails.

So my question is, followup to that, is this a practice that this Council has adopted on prior bills of similar substance?

I believe this is what the law would dictate that we do.

That's not my question.

It is a statutory requirement.

That's not my question.

What is your question?

My question is, SECOND READING/FINAL PASSAGE CALENDAR - 6/16/05 have we had a two-thirds vote requirement on all prior bills of this substance?