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Minutes

Stated Meeting, December 1, 2005

Philadelphia City CouncilDec 1, 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

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye. 12/1/05 - STATED - 2ND READING

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are zero. A majority of all members having voted in 12/1/05 - STATED - 2ND READING the affirmative, the resolution passes. We will, and can, now consider Bill No. 040769.

Chief Clerk

An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to the Philadelphia Home Rule Charter relating to the creation, appointment, powers, duties and funding of an independent Board of Ethics, by approved resolution of City Council; fixing the date of a special election for such purpose and to make arrangements for the special election.

Council President Verna

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.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. 12/1/05 - STATED - 2ND READING

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter. 12/1/05 - STATED - 2ND READING

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are zero. A majority of all members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 050014.

Chief Clerk

An ordinance amending Chapter 20-1000 of The 12/1/05 - STATED - 2ND READING Philadelphia Code, entitled "Campaign Contributions and Expenditures," by requiring candidates for elective City office, treasurers of political committees and other persons to file certain campaign finance reports with the Board of Ethics, by requiring the Board of Ethics to arrange for publication of such information on the City's official website in a searchable format, and by making conforming changes to existing provisions of Chapter 20-1000, all under certain terms and conditions.

Council President Verna

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.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke. 12/1/05 - STATED - 2ND READING

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman 12/1/05 - STATED - 2ND READING O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 050613.

Chief Clerk

An ordinance amending Title 17 of The Philadelphia Code, entitled "Contracts and Procurement," by prohibiting persons from 12/1/05 - STATED - 2ND READING receiving City financial assistance if they or certain related parties have made certain contributions to elected City officers or candidates for City offices, and requiring certain disclosures by persons seeking financial assistance, all under certain terms and conditions.

Council President Verna

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.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. 12/1/05 - STATED - 2ND READING

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown. 12/1/05 - STATED - 2ND READING

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 15, the nays are one. I'd like the record to reflect that the nay was registered by Councilwoman Blackwell. Therefore, since the majority of the members have voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 051023.

Chief Clerk

An ordinance amending Title 17 of The Philadelphia Code, entitled "Contracts and Procurement," by adding provisions requiring certain disclosures by persons seeking or awarded competitively bid contracts or concessions, and prohibiting 12/1/05 - STATED - 2ND READING persons from entering into such contracts or concessions if they or certain related parties have made certain contributions to elected City officers or candidates for City offices, all under certain terms and conditions.

Council President Verna

This bill having been read on two different days, the question now is shall the bill pass finally. I see that, Councilwoman Brown, your light is on.

Councilwoman Brown

Yes.

Council President Verna

Would you like to be recognized?

Councilwoman Brown

Yes, Madam President. I do have a question on the bill to the sponsor of the bill.

Council President Verna

I'm sorry. I personally could not hear you.

Councilwoman Brown

I would like the sponsor of the bill to address an outstanding question I have on this bill. 12/1/05 - STATED - 2ND READING

Council President Verna

Certainly. Councilman Nutter, are you agreeable to be interrogated?

Councilman Nutter

Absolutely, Madam President.

Council President Verna

The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Madam President, the record should also reflect that the sponsor of this bill and I have had extended conversation and discussion, and so I would like for him to again to speak to the fact that the intent of this bill as currently described, the activities already take place in the Procurement Department. This involves sealed bids, and a process is currently already in place. So knowing that, please, if you would, Sponsor of the Bill, speak again to why we're voting on this measure.

Council President Verna

The Chair recognizes Councilman Nutter. 12/1/05 - STATED - 2ND READING

Councilman Nutter

Thank you, Madam President. I appreciate the question from my colleague. She is absolutely correct that the procurement process under the Home Rule Charter governs how competitively bid contracts are awarded. The purpose of this bill is to provide consistency in the disclosure requirements, as well as adherence to the campaign contribution limits for anyone seeking to participate in the competitively bid contract process. This bill does not in any way, shape or form interfere with or disrupt that process which is governed by the Home Rule Charter. It would, though, put everyone under the same rules and regulations regardless of what type of contract you are pursuing, whether professional services or no-bid contracts or competitively bid contracts. Everyone would know that they had to fill out the same forms, they had to adhere to the same campaign contribution limits, as 12/1/05 - STATED - 2ND READING well as the requirements for disclosure. That's the primary purpose of the bill. It does not interfere with the contracting process itself.

Councilwoman Brown

My only follow-up question would be, of the information you're seeking, those seeking to do business with the City, aren't those answers to those questions already presented in other documents that they have to complete?

Councilman Nutter

There's no requirement presently that anyone disclose either campaign contributions or consultants that they may utilize or adhere to any limits presently.

Councilwoman Brown

So then, finally, this would be an additional piece of paperwork that would be required by those who are seeking to do business through the Procurement Department?

Councilman Nutter

The Procurement Department is required under the non-competitively bid professional 12/1/05 - STATED - 2ND READING services contracts bill that we did approve and the voters approved by ballot, they are required to come up with a form. I guess, as the Councilwoman indicates, the applicants would have to fill out one additional piece of information, which I'm sure they are quite well aware of, since people usually do keep track of any contributions that they make. They know what consultants they've hired to assist them in the process, and everyone certainly should be made aware of what the contribution limits are. I would not view that as any additional burden. They are required to fill out much more information just to participate in the process. So my expectation is is that it would be a relatively simple procedure to go through, just disclose who you made the contributions to and what the amounts are and whether you've hired a consultant to assist you with securing that particular contract. 12/1/05 - STATED - 2ND READING

Councilwoman Brown

Thank you, Madam President. I thank the sponsor of the bill.

Council President Verna

Thank you. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Thank you, Madam President. Madam President, I have concern with this bill. I have discussed it with the sponsor of the bill. The contracts that go through the Procurement Department are separate and above the contracts that we just voted on in terms of personal financial assistance, and I probably have some problems with that. I can understand the need to have a disclosure on that issue. The contractors under this bill put some of the contractors at a disadvantage over others. It also goes to the subcontractors who have to submit the same forms. All contractors do not 12/1/05 - STATED - 2ND READING submit subcontractors at the time they make the bid. Only minority contractors are disclosed at the time because of the MBE requirement. So there's a disadvantage there. It's not for everyone. And I believe the process by which contracts have been given out through the City, we have not had any problems with. There's been no question about it. I don't even talk to the Procurement Commissioner. I probably don't even know him. So I think that it creates an undue burden on trying to get people to bid with the City for us to get -because I understand we have a problem now getting people to bid with the City, and unless we can find a way to make this cover everybody, then I just think right now it's not appropriate for us to pass this bill.

Council President Verna

Thank you. This bill having been read on 12/1/05 - STATED - 2ND READING two different days, the question now is shall the bill pass finally. I would ask the Chief Clerk to please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No.

Chief Clerk

Councilman Clarke.

Councilman Clarke

No.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Nay.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman 12/1/05 - STATED - 2ND READING Mariano.

Councilman Mariano

No.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

No.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

No.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

No.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

No.

Chief Clerk

Council President Verna.

Council President Verna

Aye. 12/1/05 - STATED - 2ND READING

Chief Clerk

The nays are eight and the ayes are eight.

Council President Verna

So it fails. Thank you. I think the record is very clear. The vote was eight to eight. The motion fails. I would ask the Chief Clerk to please read the title of Bill No. 051024.

Chief Clerk

An ordinance amending Chapter 20-600 of The Philadelphia Code, entitled "Standards of Conduct and Ethics," by providing for the powers and duties of the Board of Ethics and the imposition of civil penalties, and providing for the compensation of the members of the Board of Ethics, all under certain terms and conditions.

Council President Verna

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.

Chief Clerk

Councilwoman 12/1/05 - STATED - 2ND READING Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye. 12/1/05 - STATED - 2ND READING

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.