Stated Meeting, January 14, 1999

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, January 14, 1999 10:10 a.m. Room 400, City Hall Philadelphia, Pennsylvania PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN AUGUSTA A. CLARK COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DAVID COHEN COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN ANNA CIBOTTA VERNA COUNCILMAN JAMES F. KENNEY COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILWOMAN MARIAN B. TASCO COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK DICICCO COUNCILMAN BRIAN J. O'NEILL COUNCILMAN RICHARD T. MARIANO COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN FRANK RIZZO MARIE B. HAUSER, Chief Clerk VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, PA 19103 INVOCATION P R O C E E D I N G S

Thank you. Thank you all very much. I note that the hour has come that a quorum of this Council is present. The council will come to order, members will take their seats and visitors will retire to the seats outside the rail. To give our invocation this morning, the Chair welcomes Reverend Steven Alvero. I would ask that members and guests please rise. (Reverend addresses body in a prayer.)

As you know, at our last meeting on December 17th, 1998, Council President Street announced his resignation effective December 31st, 1998. I have been advised by the City Solicitor that the appropriate procedure requires that we elect a temporary Chair who will serve in the capacity for the purpose of conducting an election of the council president. At this time I would like to recognize Councilman DiCicco.

Thank you, Madam Chair. I nominate Councilwoman Clark as Chair ELECTION OF TEMPORARY CHAIR for the purpose of conducting the election of a Council president.

Thank you. The Chair recognizes Councilman Nutter.

Madam Chair, I second the nomination.

Are there any further nominations from any other council members? If there are none, the Chair recognizes Councilman Mariano.

I move the nominations be closed.

The Chair recognizes Councilman O'Neill.

Madam Chair, I second that motion.

It has been moved and properly seconded. All in favor will signify by saying "aye." (Indicating.)

Those opposed? The ayes have it and the nominations are closed. There being no further nominations, all ELECTION OF TEMPORARY CHAIR in favor of Councilwoman Clark as temporary chairperson for the purpose of conducting the election of Council President will say "aye." Those opposed? The ayes have it and the Chair declares Councilwoman Clark the duly elected temporary chairperson.

As indicated earlier -- as indicated earlier, we have a special matter to address today: the election of a council president to serve the remaining year of the current term of this City Council. Nominations for the office of Council president are now in order. The Chair recognizes Councilwoman Janie Blackwell.

Madam Chair, I wish to speak to a nomination that I would like to make. Thank you.

The Chair recognizes Councilwoman Blackwell.

Thank you. It is with great pleasure and pride that I rise to nominate an individual who has served this NOMINATIONS City and this Council in exemplary manner for many, many years. Her record of service to her district and to this City is well-known, as is her genuine concern not only for her colleagues in City Council but for every employee of this body. During a recent conversation a few days ago, she remarked that, when elected, her best would be moved to the president's office as it belonged to her father, Former Councilman William Cibotta, whom she succeeded. I am sure that her brother here from Florida for the ceremony will agree that her father and mother, whom she cared for while ill until she passed, that this is a great day for Philadelphia and that they are looking down with great pride. We are sure as we approach the millennium that she will serve with positive leadership needed to move our City forward, to press great challenges such as we have today which are opportunities to serve our citizens well. Ephesians, Chapter 6, Verse 8 says: "Whatsoever good thing a man doeth of the same shall he receive of the Lord." Therefore, Madam Chair, it is an extreme honor for me to nominate my friend, Anna Cibotta NOMINATIONS Verna, for president of City Council. (Applause.)

The Chair recognizes Councilman Kenney.

Thank you, Madam Chair. I wish to second that nomination and also be heard at this time. Thank you very much, Madam Chair. As a City Councilmember at large, I have been afforded the opportunity to truly experience the diversity and uniqueness of so many of our city's neighborhoods. But in spite of this complexity and diversity and regardless of the location age, ethnic or racial makeup or income level of those neighborhoods, I have always found one constant: The existence of that one special neighbor everyone seems to turn to for help. These special neighbors, these individuals always willing to help a neighbor in need or get involved in a community project, these very special neighbors are a Philadelphia hallmark and a key ingredient to the salvation of our neighborhoods. These people are role models for our children and part of the fabric NOMINATIONS that makes us a great and caring City. Councilwoman Anna Verna was the neighbor people turned to for help in her neighborhood, long before she even thought about running for public office. Anna Verna is from the neighborhood, but she is also a seasoned, courageous and experienced public servant. Anna Verna has been an integral part of the social, political and civic life of Philadelphia for many years. She has been recognized and honored by countless groups for her tireless efforts on behalf of all the citizens of Philadelphia. She has championed the rights of the elderly, helped in the fight to improve the quality of life in our neighborhoods, and she fought to bring our City back from the brink of financial ruin. As Chairwoman of the finance committee, she helped establish the fiscal stability committee that passed legislation enabling Philadelphia to renegotiate hundreds of millions of dollars in bonds to save the City millions of dollar and help improve our overall bond rating. She was a key player in the Rendell administration's fight to get our fiscal house in order and put us back on the right NOMINATIONS financial track. Today I am honored and privileged to second this nomination of Anna Verna for our City Council's president, an individual with the vision and experience to lead us into the 21st century, and the compassion to ensure that no one is left behind. Today I will cast my vote for Anna Verna to become our Council's president and, it's very important, the first woman in the history of the City of Philadelphia to hold this position. (Applause.)

And I just want to end by thanking her for being the person who first helped learn me the ropes in this room and without whose support I would not be a member of this body today. I cannot convey to you how proud I am of you and how confident I am you will be able to move this Council and this City in the right direction on behalf of all our citizens. Thank you very much. (Applause.)

Are there any further nominations? (No verbal response.) NOMINATIONS

Hearing none, the Chair recognizes Councilwoman Miller.

Thank you, Madam Chair. I move the nominations be closed.

Is there a second?

Second.

Madam Chair, I second that issue.

All in favor to close the nomination will vote "aye," all opposed may say "nay." (Indicating.)

Nays? There being no nays, the ayes have it. The nominations for the office of president are closed. (Applause.)

There being no further nominations, all in favor of the nomination of Councilman Anna Verna to be Council president will indicated by voting "aye." (Indicating.)

The Chair recognizes Councilman Nutter.

Thank you, Madam Chair. Madam Chair, I move for a unanimous vote to elect Councilman Verna as president of this City Council.

Second.

I second that motion.

I am catching up, Mr. Nutter. The motion has been made and properly seconded that Councilman Verna will be elected by unanimous vote as president of this City Council. All in favor of that will say "aye." (Indicating.)

Opposed, "nay." There being no nay votes, I declare Councilman Anna Verna the duly elected president of this body by a unanimous vote. (Applause.)

Thank you.

I advise Judge Alex Bonavitacola to administer the oath of office to Councilwoman Verna and invite her husband Sevy to join her at the roster. COUNCIL PRESIDENT OATH OF OFFICE JUDGE BONAVITACOLA: Former Council President John Street, members of this prestigious body, political figures, elected officials, I want you all to know, including the spectators, that this is a distinct honor and a personal privilege to administer the oath of office to Anna Cibotta Verna as she assumes the duties as president of the Council of the City of Philadelphia. This honor and being part of the partnership of the governments of our City and to continue the cordial relationship that the First Judicial District has had with this Council, we share the same obligations, namely, to provide a stable, safe environment, which will help all of our citizens to thrive and prosper. It is a personal privilege because I worked with her father, William Cibotta, first as a magistrate and later as a member of this body. Anna Verna is well versed in the qualities of leadership and has been a paragon of stability in our local affairs. Her dedication, her indefatigable efforts are known to all of us. And as an aside, and just as importantly, she has been my Councilperson all of these years. Therefore I ACCEPTANCE SPEECH welcome this opportunity to participate in the beginning of her new high office, and I will administer the oath of office. And she is using her father's Bible as we proceed through this. Madam. (Council President Verna duly sworn.) JUDGE BONAVITACOLA: Congratulations.

Thank you. (Applause.)

Your excellency, Bishop DiSimone, Father Albero, I believe Congressman Brady is here. I also see that we have the chairman of the republican party, Michael Mann here. I appreciate his attendance. To my colleagues, friends all, it has been a long, hard road; but, my friends, I have arrived. At long last. (Laughter.) (Applause.)

Thank you. Thank you so very much. I thank you from the bottom of my heart for this greatest of honors for electing me the president of this City Council. It is an honor without precedent in the history of this august ACCEPTANCE SPEECH body, the first woman president of this City Council. (Applause.)

The first president whose father served as a member of this Council. And I am sure that both he and my mother are beaming at their daughter's success today. (Applause.)

I am proud to be the first woman president who will lead you into the new millennium under a new mayor and a new administration. As we move forward with the serious business of this Council, we must remember that the task of leadership is to seek unity, not division. Having served in this council for 23 years, including 11 years as your majority leader, I know from hands-on experience how our deliberations can lead us on divergent paths. Indeed, our focus must be on the mosaic; that we represent all colors, all creeds, all nationalities who seek to articulate their message. Let one thing be clear: As people, indeed as a city, we shall all prosper or we shall all fail ACCEPTANCE SPEECH together. The challenges that we face must be overcome not by individuals, but by using the depth and breadth of our collective strength. Over the years, we as Council members have demonstrated time and again that together -- and I repeat, together -we can serve the common good of this City we love through the art of compromise. There can be no sense of accomplishment to rule by fiat. We have two ears so that we can listen to many sides. Those ideas are then sorted, the pros and the cons, so that we can finally speak with one voice. I pledge to all of you that your trust in me will be justified by my total dedication to the important work of this City Council. As an independent and coequal arm of our city government, we must serve the common goals of all of the people of Philadelphia in the highest standards set forth by the framers of the City charter. I cannot do it alone. I will need your input, your ideas, your integrity and your experience. The demand of our people is not for bigger government or for smaller government; it is ACCEPTANCE SPEECH for a better government. The challenges we will face, those foreseeable and those unseen, will be extremely great. In meeting these challenges, we must continue down the path of fiscal stability, always remembering we cannot spend money we do not have. As the City with the highest tax burden -(Interruption.)

Excuse me. With the highest tax burden in the nation, we must continue to support policies to ease that burden. We must seek policies which provide for a clean, safe city, for that is what our citizens demand. I want Philadelphia to be more than a great place to visit. I want it to be a wonderful place to live, to work, and to rear our children. However, in thinking of our future, we must also remember our past. I would be remiss to forget the role played by John Street who stood in this very spot as he wrestled the demons of chaos and bankruptcy. (Applause.) ACCEPTANCE SPEECH

To his everlasting credit, John not only endured, he prevailed. As I assume this office of president, I think of how this experience has shaped my life. I think of my husband, Sevy, who has stood firmly by my side during my political career. (Applause.)

I think of my brother, Sonny, and my family, for without them I would not be here today. I remember, also, many friends, too many to begin to acknowledge them all. You know who you are, and you know what you have done. And to you I say, I am so deeply grateful. A special note to a thanks for my very devoted and competent staff. I think they are all here. (Applause.)

Finally, I pray to almighty God to continue to give me the good strength and health with which I have been blessed as I assume my new responsibilities. And to you, Dad, from your place on high, I pray for your continued inspiration, courage and guidance. APPROVAL OF THE JOURNAL Before I end, I want to say that I am so truly humbled by so many of you being here today in spite of the weather. You know, for I guess the last couple of weeks, there have been people calling the office saying they were very excited about today's event, they wanted to know if they could be here. I want you to know that I am truly impressed and humbled by your presence and I thank you for your vote of confidence. It is very inspiring to me. And I want to say thank you, thank you, thank you. (Applause.)

The next order of business is the approval of the Journal of the meeting of December 17th, 1998. The Chair recognizes Councilwoman Clark.

Madam President, I move the adoption of the Journal of December 17, 1998.

Second.

Second.

There being properly moved and seconded that the Journal of the meeting of Thursday, December 17th, 1998, stand approved. PRESENTATION Oh, I'm sorry. All of those in favor will signify by saying aye. (Indicating.)

Those opposed will say aye -- no, nay. The ayes have it and the motion is carried. The Chair recognizes Councilman Kenney.

Thank you, Madam President. I would ask for a special point of order to allow for the introduction of Mary Wilson from your staff for a special presentation. (Applause.)

Madam President, it is my honor to present to you this gavel from your office staff.

Oh, isn't that beautiful. Thank you. (Applause.)

The next order of business is leaves of absence. The Chair recognizes Councilwoman Clark.

Madam President, on behalf of the majority, there are no requests for LEAVES OF ABSENCE leave of absence.

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.

The Chair thanks the gentleman. Before we proceed, I would like to recognize Bishop DiSimone who would like to deliver a prayer. Bishop.

Heavenly Father, we invoke your blessing upon all assembled here. Bless in particular our newly chosen President of City Council, Anna Cibotta Verna, as she assumes the responsibility of the high office entrusted to her, an office she knows and respects after many years of serving in City Council, serving with a candor and a truthfulness which have inspired the trust of her colleagues. Give to her the strength and courage to spare no effort, to endure any hardship for the sake of the common good. Bless her with patience and PRAYER fortitude and the moral fiber to continue to follow her conscience before you, Oh, God. As no political official or no public official can go the course alone, we ask, Oh, God, that you help us to pledge our prayerful support to Mrs. Verna and all the members of City Council. As citizens, we have a right to expect diligence and integrity from our elected officials, but we also have a duty to support their efforts and to unite them in preserving order and harmony. We are confident, Dear Father, that you who have begun the good work in us will carry it through to its completion, you who live and reign forever and ever.

The Chair will dispense with the regular order of business and recognize visitors. To all visitors and guests with us this morning, the Chair welcomes you here today and applauds your interest in the legislative affairs of our City. We invite you to come again. We have many people here today about a matter of great importance to the City. At this time we will consider as a special order of business the introduction of a new bill creating a pension COLA. We will then have the Mayor's communication WELCOMING VISITORS of a veto message, and then proceed directly to the consideration of the veto override. At this time the Chair recognizes Councilman Nutter for the purpose of introducing the bill.

Madam President, I wish to offer one new pension COLA bill whose provisions include two lump sum payments to be paid in July of 1999 and July of 2000, including beneficiaries and survivors. The pension adjustment fund that is established when the pension fund is 81 percent funded, an asset evaluation method that is used to determine the 81 percent threshold, assures that the pension fund receives a portion of the excess earnings of the fund above the required actuarial return rate and guarantees that any future cost-of-living adjustments are paid by the pension adjustment fund -

Point of order, Madam Chair.

Councilman, there is a point of order.

I'm sorry, I didn't hear. INTRODUCTION OF BILLS

It seems to me that the chief clerk is to read the title of the bill. It is the law that no bill can be discussed on the floor of Council; a bill can only be introduced. It is illegal. It is against the law for Councilman Nutter to introduce and totally describe a bill. (Applause.)

There is a question that I move that we have the City Solicitor present.

I don't believe we have to do that. I think that we can merely have the chief clerk read the title of the bill of Councilman Nutter.

Thank you, Madam President.

I think that there was an effort to explain what the bill is entitled to.

That is against the law, Madam President. That is against the law.

However, Councilwoman, we will definitely have the chief clerk read the title of the bill. INTRODUCTION OF BILLS

Thank you. The people play games. Let's at least be legal. THE

"An ordinance amending the retirement system ordinance approved December 3rd, 1956, as amended, and amending the Municipal Requirement Benefit Plan, 1987 ordinance, which became effective January 8th, 1987, as amended, by adding new sections to, in the case of both ordinances, provide for increases to the benefits of certain uniform and nonuniform retirees, beneficiaries and survivors, by providing for certain increases under certain terms and making certain related technical amendments."

The Chair thanks the Chief Clerk. Because of the importance of this bill, it will be referred to the Committee of the Whole, and a public hearing and a public meeting will be scheduled for Monday January 25th, 1999, at 11:00 a.m. in Council chambers. The Chair recognizes Councilman Nutter. Your light is still on. Do you wish to be recognized? MESSAGE FROM THE

Yes, Madam President. I believe that it is legal and within our bounds to at least acknowledge who the cosponsors of the bill is, as is our practice. Those would be myself, Madam President Verna, Councilman DiCicco, Councilman Tasco, Councilwoman Clark and Councilman Longstreth. Thank you, Madam President.

Thank you. (Outcry.)

We will have order, please. We will now hear the communication of the Mayor's message on Bill No. 980708. The Chair recognizes the Sergeant-At-Arms for the purpose of -I beg your pardon.

Point of information please, Madam Chairwoman, before you start. I had my buzzer on. You mustn't have seen it.

I'm sorry. It's not on here.

Madam Chairwoman, MESSAGE FROM THE MAYOR it's been customary in this Council, when a Councilmember introduces a bill, they circulate copies of that bill either the night before or in caucus before. I didn't see that bill. I wonder if we could get copies of that. And if we can, maybe from now on, we could get copies of these bills. It is hard to come here and hear -

Now, Mr. Mariano, as I said earlier in caucus today, it is a near year and a new day. That will hold true for everybody. When there are resolutions that are going to be presented on a Thursday, every Councilmember should have a copy of that resolution 24 hours prior to. This is a particular bill that apparently was just worked on this morning. You are more entitled to see a copy of the bill. We are not considering the bill today. It is being referred to the Committee of the Whole. You can certainly get your copy of the bill from the chief clerk's office.

Thank you, Madam Chair.

You're welcome. The Chair recognizes the Sergeant-at-Arms for the purpose of delivering the MESSAGE FROM THE MAYOR message from the Mayor to the chief clerk. The chief clerk will please read the message from the Mayor. THE

"To the President and members of the Council of the City of Philadelphia. "I am returning herewith, as disapproved, Bill No. 980708, passed by the City Council at its session on December 17th, 1998. This bill amends the Retirement System ordinance of the Municipal Retirement Benefit Plan 1987 ordinance by adding new sections to provide for increases for the benefits of retired City employees, including both immediate cost of living adjustments (COLAs) and the creation of a Cost of Living Fund to provide benefit increases in future years. "I share Council's concern for increasing the pension benefits of the City's 30,000 retirees, especially those older pensioners and their survivors whose benefits have been eroded by inflation. But Bill No. 980708 does not do even what its proponents sought; the bill, as enacted, fails to include benefit increases for some of the very individuals it sought to protect. Moreover, as Mayor I have a MESSAGE FROM THE MAYOR responsibility to the taxpayers of Philadelphia to ensure that any plan to increase pension benefits is designed and implemented in a fiscally responsible manner, addressing the need for affordable increases while at the same time protecting the City's General Fund and preserving the integrity of the pension fund. Because this legislation fails completely to safeguard either the General Fund or the pension fund, I must veto Bill No. 980708. "As I have stated previously, I will support legislation that gives our pensioners responsible adjustments at levels the City can afford and that allows pensioners to share in future pension fund growth. "During the floor debate on Bill No. 980708, supporters of the bill testified that the legislation was intended to provide retirees, their beneficiaries and survivors with two consecutive annual lump sum bonus payments of $1,000, plus an additional $100 for every year of retirement beyond 10 years. ) "By its terms, the bill precludes bonus payments to all widows, orphans and other beneficiaries and survivors of City retirees, who together comprise approximately 25 percent of the individuals for whom pension increases were originally sought. I simply cannot support legislation that provides increased pension benefits to some of the City's pensioners while excluding others in the same class. "Excluding survivors and beneficiaries from the pension bonuses points up an equally critical flaw in Bill No. 980708. It impacts on the general fund. Testimony on the bill established an estimate cost of the two lump sum bonuses at $88 million (approximately $22 million of which was intended for survivors and beneficiaries), to be distributed by the pension fund in equal payments on July 15, 1999, and July 15, 2000. Under applicable law, when the disbursements are made, the pension MESSAGE FROM THE MAYOR fund must be compensated by the general fund -- in other words, by City taxpayers -- to offset the cost of the payments. "At a cost of $88 million, the lump sum bonuses threaten the fiscal recovery that we have together worked so diligently these past seven years to achieve. I have previously supported a one-time bonus of $1,000 plus $100 for every year retired beyond 10 years. That proposal would have addressed the needs of pensioners at a cost of approximately $44 million, or roughly one-half the front-end cost of Bill No. 980708. "While the $44 million would not be easy to absorb, our analysis of the bill has convinced me that through the combination of hiring delays, targeted budgeting, new management, savings and deferred service enhancements, the City could absorb this extraordinary expenditure. That same analysis, however, reflects that doubling the cost of these payments can only be funded through personnel layoffs and/or service cuts. Council should understand that this bill very well may produce these outcomes.

"Moreover, pension benefits MESSAGE FROM THE MAYOR traditionally have been a matter of negotiation between the City and the four municipal unions as part of a comprehensive labor settlement. " VOICE: Lies, lies.

Please, let's have respect for each other. Allow the Chief Clerk to read the letter. Thank you. VOICE: Lies.

Let us have respect for each other. Thank you. THE

"But under the terms of Bill No. 980708, the bonus payments would be awarded more than 18 months ahead of the next round of contract negotiations without being subject to the collective bargaining process. By legislating benefit increases without securing any concessions in return, Council will have tied the hands of the next mayor who will face collective bargaining with the four unions almost immediately upon taking office next year. Recognizing the need to afford the next administration as much flexibility as possible in the negotiation process, I must reject MESSAGE FROM THE MAYOR the proposal to pay $88 million in lump-sum bonuses. "In addition, the front-end payments of $88 million, Bill No. 980708 also would create a 'cost of living fund' that would require one-half of all earnings above the actuarial investment return assumption to be credited to the fund for eventual distribution to retirees. 7 billion. Even the bill's most ardent supporters testified during the floor debate that it would be 'fiscally irresponsible' to implement a cost-of-living fund before the pension is 81 percent funded. Yet Bill No. 980708 permits distribution from the cost-of-living fund to occur after three years, regardless of whether the pension fund is 81 percent funded. 2 of the bill could require the City to make extraordinary contributions to the MESSAGE FROM THE MAYOR pension fund from the general fund. "For example, suppose there is a drastic downturn in the stock market. Such a scenario -- which occurred in 1987 and to a lesser degree last fall -- would reduce the value of the pension fund assets, and could well drop the fund blow the 81 percent level. In that case, the general fund would be required to compensate the pension fund for any cost-of-living adjustments, with Philadelphia taxpayers financing at least a portion of the distribution. I cannot permit the general fund to be exposed to this degree of risk which could potentially produce deficits worse than the one we faced on January 6, 1992. "The executive director of the Pennsylvania Intergovernmental Cooperation Authority (PICA) has recognized that Bill No. 980708 creates significant general fund exposure, and expressed support for a veto. If the general fund exposure is sufficiently great in any given fiscal year, the PICA statute could require mandatory layoffs and service reductions. "Bill No. 980708 also threatens the integrity of the pension fund as set forth more MESSAGE FROM THE MAYOR fully below. "By requiring that one-half of all earnings above the actuarial investment return assumption must be credited to the cost-of-living fund, Bill No. 980708 fails to provide any financial cushion against years in which the return on investment would fall below the actuarial assumptions. In other words, the integrity of the pension fund demands that at least some portion of the earnings above the actuarial investment return assumption -- most likely 1 percent of these earnings -- must be retained by the fund to provide a reserve for the years in which the fund does not perform as anticipated. "Further, any responsible approach also requires that investment earnings available for the cost-of-living fund be capped in some rational fashion. "Bill No. 980708 employs a market valuation method to determine whether the 81 percent funding threshold has been met, meaning that the assets of the funds are valued on a yearly basis prior to a determination about distribution from the cost-of-living fund. As a result, the valuation MESSAGE FROM THE MAYOR method permits almost no accounting for market fluctuation over time. "By contrast, the use of the generally accepted asset valuation method would permit 'smoothing' of market variation and provide greater protection for the pension fund. 2 of the bill, the 'three-year reviews' mandated by the legislation would be conducted by the finance director, the executive director of the pension fund, and the presidents of the bargaining units.

In the absence of an agreement, the issue would be submitted to the American Arbitration Association for an expedited arbitration and recommendation to Council. "Once again, the integrity of the pension fund demands that decisions about the distribution of fund assets not be subject to the opinion of an unelected arbitrator who cannot be held accountable for the decisions he or she makes that could dramatically impact both the pension fund and the general fund. "Bill No. 980708 contains no mechanism to permit future Councils and Mayors to review the MESSAGE FROM THE MAYOR cost-of-living adjustment process, such as a sunset provision, that would allow Council to consider unforeseen contingencies that may rise after the cost-of-living fund is created. "Finally, Bill No. 980708 may jeopardize the tax-exempt status of the pension fund. ' Because of their contingent nature, the amount of benefits to which a future retiree may be entitled under Bill No. 980708 may not be 'determinable' under the IRS regulation. Noncompliance with the IRS regulations could cause the pension fund to become taxable. "As these examples make clear, the cost-of-living fund provisions of the bill are simply a confused mess that present a very real potential for fiscal disaster, nor does Council have the option of remedying these serious flaws through subsequent legislation. "If Bill No. 980708 becomes law, there is a substantial risk that retirees would have a vested interest in the allocation of surplus MESSAGE FROM THE MAYOR investment moneys to the cost-of-living fund. Under the applicable law, once these rights become vested, the City is prohibited from modifying this benefit structure to the detriment of the retirees. "I am convinced that Bill No. 980708, while well-intentioned, is an ill-conceived legislative effort to provide pension benefit increases without concern for the impact that such increases would have on both the general fund and the pension fund, as well as the ability of the next Mayor to effectively conduct the operations of City government. To emphasize this latter point, I am attaching letters from four mayoral candidates in support of this veto message. "I do want to be clear, however; I would also support a properly drafted bill that would allow City pensioners to share in the future growth of the pension fund. "In my view, this bill would signify a major retreat from fiscal responsibility that has been the foundation of our City's remarkable financial turnaround during the past seven years, which has earned Philadelphia national and international recognition. Our hard-won financial MESSAGE FROM THE MAYOR good health is the cornerstone of all of our projects, our growth, our initiatives, and our incredible successes. "By contrast, Bill No. 980708 is a retreat to the days when we spent money we simply did not have; when we acted almost without regard to the consequences of our decisions; and when we routinely buckled to outside pressures. Worse, it is a retreat that could stop Philadelphia's recovery dead in its tracks, and in one ill-conceived act shatter the increasingly tangible results of seven years of mutual hard work, dedication and commitment to fiscal responsibility. "For all of these reasons, I must disapprove Bill No. 980708. "Respectfully submitted, Edward G. " VOICE: Go to hell, Ed Rendell. )

The Mayor is -VOICE: The City too....

The Mayor has MOTION TO OVERRIDE VETO ON BILL NO. 980708 transmitted to Council his veto of Bill No. 980708. At this time Council will proceed to consider the possible reconsideration of votes on that bill. The Chair recognizes Councilwoman Blackwell.

Madam President, I am requesting an override of this Mayor's veto. Let me say -(Applause.)

I second that motion, Madam Chair. I second that motion.

However, the motion was made, Councilwoman, you did not make your remarks on the floor of the motion. If you will, then I believe Councilman Mariano would like to second your motion.

Thank you. I would like to say again that I find it a sad day in our City when retirees in this City are victims of political shenanigans over leadership as well as the age-old battle of the haves wanting more and the have-nots getting nothing. (Applause.) MOTION TO OVERRIDE VETO ON BILL NO. 980708

On December 17th, I suppose it was, in the morning before the bill passed, we met in the Mayor's cabinet room, and even then it was said that no layoffs would take place. So we understood it was just a ploy -- that no layoffs would take place, and we were also told by the Mayor that this would only reduce the cushion when used to negotiate next year -- meaning this year -- for raises. So we know that this is nothing but a political battle to delay passage of this bill. Yesterday all four union presidents stayed here some four to six hours to answer any questions that any Councilmember had about this bill, and those questions were answered. This is an attempt to not only disregard the truth, but to disrespect the citizens of the City for giving their lives with service. (Applause.)

In a recent editorial article, one of the leaders in the private sector said that this bill was fine and should be passed if certainly increases were provided to management. But the rank and file and those who MOTION TO OVERRIDE VETO ON BILL NO. 980708 have sweated, who worked hard and who had given their lives deserve absolutely nothing. That is unconscionable that we in this Council have decided go along with that kind of thinking. (Applause.)

When this bill passed on December 17th, we read a letter -- and I won't read the entire letter; but since it is the same battle all over again, it is just that some people have opted to go to other way because it is more convenient in this last year of this Council that it is easier to give in than to stick and try to help people who need it, I will only read parts of that same letter because we're in the same position and it is the same battle. "My name is Elizabeth Betty Flannigan, President of District Council 47 Retiree Chapter. Pensions: What do they represent? Pensions should represent survival for our retirees. Pensions should represent comfort, dignity, and quality of life for our pensioners. Let me tell you about one of our members. Her name is Esther Devalos (ph.). She is 90 years old, in a wheelchair, and not able to get around. Her pension? It is a net amount of MOTION TO OVERRIDE VETO ON BILL NO. 980708 $327.32 a month. Or, another way to say this: $76 a week. "Esther said: 'I had to work until I was 74 years old to get that much pension.' "The only reason she stopped working was that her legs gave out. While she was working she weighed 170 pounds, now she weighs 114 pounds. This is a woman who says, '$327 a month won't take me no place.'" "How can she survive? Her food has become more costly. The taxes on her home have increased. Her insurance, water, sewer taxes and utilities are higher. How does she afford to buy clothes that fit her shrunken body? She can't. She gets clothing donations from relatives and friends. She can't buy new clothes. She can't participate in outings. 'I feel like a prisoner in my own house,' is how she expressed it. "Coping with today's inflations is not only difficult for Esther, it also represents a hardship for many retirees whose pensions are no more than $327 a month. How will those pensioners in the future cope with escalating costs in prescription drugs and medical services? How will MOTION TO OVERRIDE VETO ON BILL NO. 980708 these retirees in the future cope with the dismantling of Medicare and the reduction of Social Security, COLA? When you recognize that the consumer price index in Philadelphia has increased 76 percent since 1982, you will understand why the dollar of pensioners who retired in 1982 is now worth less than 57 cents. "This means that this 90-year-old lady's $76 a week pension has a buying power of $43.32. Esther needs a monthly percentage increase, and so do other retirees who served the City. It would be heartless to give Philadelphia retirees anything less than a monthly pension percentage increase. The pension increase will not be used for savings or to buy lobster tail dinners; the pension increase will help people survive. "The pension increase will be dollars which our retirees will be putting back into the Philadelphia economy. They will be buying food for the nourishment of their bodies. They will be paying real estate taxes, utilities, and water and sewer taxes." Madam President, to go from $327 per month to maybe $450 a month I am certain will not MOTION TO OVERRIDE VETO ON BILL NO. 980708 break the City. (Applause.)

This monthly pension percentage increase can represent survival for retirees. This increased pension can represent the beginning of some form of comfort, dignity and quality of life for pensioners. I say I find it unconscionable that we could talk about not passing this bill but to come up with something else that everybody has decided is such a great bill, but no one was willing to share with all of the members of Council. Nobody cares more about pensioners, obviously, than I do. But has anyone in this hallowed hall, has anyone said, "Jane, here is a bill, here is what we want to do"? No, no, no. We're given innuendoes and promises and we can get it together and we need time, and all of those things which were raised before the vote on December 17, which are really then suspect as to intentions of this body. Again I say it is a sad day in Philadelphia. I am very, very sorry that we reached this all-time low in our concern for the people of our City who have served us well. MOTION TO OVERRIDE VETO ON BILL NO. 980708 So, in closing, I am requesting an override of this veto, and would appreciate all of the members' consideration of this. Thank you, Madam President. (Applause.)

The Chair recognizes Councilwoman Tasco.

Thank you, Madam Chair -- President. Forgive me, I'm sorry. Madam President, I voted for this bill in December after listening to all of the testimony. At that time the concern was around the cost. And after talking to some responsible people, I was given some assurances that the cost of $88 million over a ten-year period would not be a budget buster. I agreed with that then and I agree with it now. Those of us on City Council all, to a fault, believe that the retirees should receive a cost-of-living increase. We agree with that. For the past 24 hours, we have tried to work out an agreement whereby we would have to introduce a new bill; whereby we could recall the bill, because there are some adjustments that need to be made. I do not concur fully with the Mayor's MOTION TO OVERRIDE VETO ON BILL NO. 980708 veto message. However, in the message are the issues that I have raised, members of this Council have raised, but they have not been answered in a manner or in a fashion where we as legislators have been assured that they are part of the legislation. We have not been able to come to that resolution, because I believe a recall of the bill would be in the best interests of everyone, the bill would be amended, and it would stay in the Council and we would pass it. All of the Councilmembers here agree to that. I am for a pension -- a cost-of-living increase. I am for the bill. I do believe, though, that there are problems with the bill that I have raised, and I think they have to be straightened out. My comfort level in passing the present bill is not -- is uncomfortable for me as a legislator. I have responsibilities not only to the union members, to the retirees, but to the other members of the City in my district. So I am going to vote to sustain this bill. I am a cosponsor on the new bill. And all I can say to the retirees of the City of Philadelphia, that no matter how we get there -- and we differ on MOTION TO OVERRIDE VETO ON BILL NO. 980708 how we get there -- but no matter how we get there, on July 1999, you will get your COLA check, and we will have a process in place where every three years there can be a review and you don't have to come back in here every three years asking for a COLA increase. I am going to be responsible to see that that bill gets passed so that everybody has their COLA and there is a win/win. Thank you very much.

Thank you, Councilwoman. The Chair recognizes Councilwoman Clark.

Madam Chair, I will be voting to sustain -

I'm sorry, I don't think your microphone is on.

I will be voting to sustain the veto. And all the meetings that we had on December the 17th, I kept worrying about the drafting. I'm persuaded that we should not delude our population for the sake of being popular. Our duty requires us to do the principal thing even if it gets us some sneers and jeers. MOTION TO OVERRIDE VETO ON BILL NO. 980708 I held out on December for a fiscally responsible inclusive bill that must take in the widows and orphans who are also in our population that deserve our respect. We do not come here today to do some shady back-room deal, to have said publicly and openly that a bill is being prepared, it will be prepared, it will be responsible and inclusive, and that is the one that I will be supporting. Thank you.

The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I have heard the comments that were made. One of my colleagues said that they weren't answered in some kind of fashion. The four union presidents are here. They have been here for two days. They were glad to talk yesterday, they are glad to respond and are willing to come forward this morning if any member of Council would like them to do so. These questions were answered in a fashion. This cop-out about widows and orphans, it's all frankly a cop-out. MOTION TO OVERRIDE VETO ON BILL NO. 980708 VOICE: Teach them.

Certainly that the reference to the new bill, the whole notion of having a new bill is a cop-out. And yes, I do believe there was some shady, back-room deal that happened -(Applause.)

-- that would bring us here. And in term of the word "popular," we have no need. I fought battles for people in need on this very floor. I've lost before. But as I always say, I am not afraid to lose; I am only afraid not to fight for what's right. (Applause.)

And as you said many times before me, I serve the true and living God. I have no problem with -VOICE: Amen.

If everyone stands to one side, if I'm standing on the right side, then I'm okay with what I'm doing. It's not about popularity. (Applause.)

I take this job MOTION TO OVERRIDE VETO ON BILL NO. 980708 very seriously and it is our duty and our responsibility to serve the people who put us there and that certainly includes people who retire, who get nothing, who get less than $500 a month and who can't survive. So again, Madam Chair, I am requesting consideration for the override of Bill 980708.

Thank you. The Chair recognizes Councilman Ortiz.

Madam President, I will vote to override this bill -(Applause.)

-- to override the veto. I think there are no differences between two-thirds majority of this Council that will determine the cost and how this pension can be paid. There are some technical aspects of the bill that have to be fixed. They are fixable. We can do that. We can do that during the next couple of weeks that we have. The aspects of budget busting that have been put in the specter of going back to the old days are scare tactics. They are made to make us MOTION TO OVERRIDE VETO ON BILL NO. 980708 feel as if we're a body that is going crazy and without the leadership that is necessary. During the last few days we have proved that we can get together, discuss the issues amongst all of us. Yesterday we had an incredible meeting among the majority of people in this Council. Probably one of the best meetings I've had in seven years. We discussed the issues honestly, thoroughly amongst us, among Democrats fully. We didn't come to a full agreement on it, but at least the issues were discussed and the differences expressed. I think what we have here is a matter of that we have the unions and the pensioners on one side who for seven years have been knocking on the doors, and that door has been shut, and now they are saying, "Open it up, let us in, and be responsible to the pensioners." I believe we can fix the bill. I believe we can amend it. I think we should override the veto. (Applause.)

The Chair recognizes MOTION TO OVERRIDE VETO ON BILL NO. 980708 Councilman Mariano.

Thank you, Madam President. Madam President, I will vote to override this veto with Councilwoman Blackwell. (Applause.)

Although I believe that the great number of my colleagues really have legitimate concerns and they really want to fix this bill, I think the whole process is tainted. I think the way we got this bill from the beginning and us not being informed -- and I'm not pointing fingers at anyone. It's a new day. You said it a couple times today. But hopefully in the future when bills come -- listen, I am not an actuary, I'm an electrician who was fortunate or unfortunate enough to get elected to City Council, depending on what day it is. (Laughter.)

So I don't know. I have to listen to actuaries. I listen to actuaries. I listen to the Mayor's actuary, I listen to the private actuary, and I listen to the F.O.P. actuary. And you know what? The F.O.P. MOTION TO OVERRIDE VETO ON BILL NO. 980708 actuary made the most sense because he was steady and it was always working on the same issue. There is one part here in the Mayor's letter here, the third part, where it talks about under applicable federal regulations, benefits in a tax-exempt plan such as the Philadelphia Pension Fund must be definitely determinable. How do other cities do it? How did Boston do it? How did New York do it? How did Orlando do it? How did all of these other big, major cities do it? They did it this way. Bobby Eddis didn't have a daydream and invent this thing. He studied this. If it works in New York and Boston and LA and Atlanta, why doesn't it work in Philadelphia? Because the administration, who has done great things here, who has pushed this City forward, has created a proverbial bogeyman, and they are so afraid because they want to get past these last 9, 10 months, which is admirable. But they had -- I'm at the barber shop, people come up to me and want to know what's going to happen? Is everything going to be all right? Everything is going to be all right. You have 15 people here now who are going to sit down MOTION TO OVERRIDE VETO ON BILL NO. 980708 and study the issues. And we are going to listen to everybody. There is not going to be one person calling the shots; we are all going to be calling the shots. So what we have to understand is, the policeman that lives in Juniata Park whose daughter I went to grade school, Patty Hagan's father, who is going to retire for 25 years, that's not what he wants to hear. He is getting $500, if he is lucky; probably $450. And that's why we're trying to do this other bill, which I wasn't a part of, but I would gladly sign on so they can have something. But this could all have been avoided if they had sat down and said, "Listen, we understand that you are not all rocket scientists. We understand that you are not all Wharton School graduates. Here's how it works. Now give us time to digest it." That doesn't happen. That is what needs to happen here. It is uncomfortable at the 23rd and 24th hour of these things. Actually, we are at the 26th and 27th hour on this one finding out things, I have to run to the F.O.P. and ask them, I've got to run back to our actuary. That could have all been explained months ago. MOTION TO OVERRIDE VETO ON BILL NO. 980708 So let's learn from this lesson, because we are doomed to repeat the things we don't do right. History always repeats itself. Thank you, Madam President.

You're welcome. (Applause.)

The Chair recognizes Councilman Nutter.

Thank you, Madam President. First I want to say that I respect Councilwoman Blackwell for bringing this issue to this point. She raised this issue. There has been a tremendous amount of debate and discussion about it. I don't believe that any of our differences on the bill are significant to the point that we can't rectify these problems. I think I've always had a position on this particular issue that I support the retirees getting a COLA. We asked a number of questions in the public hearing. Some were answered, some were not. We had a meeting yesterday. Some questions were answered, some were not. I respect the union leaders for their MOTION TO OVERRIDE VETO ON BILL NO. 980708 adamancy about getting this issue resolved. For some of them it has been a very long fight. I am fully confident, though, that when people have an opportunity to read and examine the bill that was introduced today that they will come to the conclusion that virtually everything that has ever been discussed and ever requested by the union leadership and their members they will find in the new bill. I also believe that the members of this Council will ultimately be in agreement about that bill. The fact that it will have a public hearing on November 25th, I believe that that new bill can be passed no later than the middle of February, which in no way, shape or form jeopardizes the very deserving retirees getting their checks on July 15, 1999. VOICE: Snake oil, Michael. Snake oil.

Thank you very much, Ms. President. Thank you.

Thank you. I would just like to offer a suggestion to the chief clerk. Perhaps you could make a photostatic copy of the bill so that anyone -MOTION TO OVERRIDE VETO ON BILL NO. 980708 anyone wanting a copy of the bill can obtain it in the chief clerk's office as they leave. The Chair recognizes Councilwoman Blackwell.

Madam President, do you mean the new bill that was proposed today or the reorder bill?

Well, the bill that Councilman Nutter introduced today.

Madam President, my colleague just said our differences are not significant, and I agree. That is why I urge my colleagues to support an override of this veto. (Applause.)

Certainly yesterday a lot of questions were asked, and every single question that was asked was answered. My colleagues can choose not to accept the answers and not do it -- and to disagree with them, but they cannot say every question wasn't answered. They just have decided that they want to -- you know, this is like December 17th when we had two bills on the table. We should vote yes or no or some kind of MOTION TO OVERRIDE VETO ON BILL NO. 980708 convoluted process on two bills, so the second one didn't reach the floor. I mean, this is the same kind of thing, you know. So instead of being asked today -- the same battle exactly. Instead of being asked today to vote yes on one bill and no on the other, we are being told that's what some members are going to do. We are not told to vote "yes" on one bill and "no" on the other. Today we are told, vote "no" on this bill, then we are going to give you another one. It's the same theory all over again and they are the same people who are working behind the scenes to defeat this bill, who ran this Council before along with the administration. It is the exact same battle. I mean, who is fooling who? There is no doubt in my mind whatsoever, we have the same forces at play here who didn't want the bill before. And I would hope that as this Council evolves, Madam President, that you will realize that we have to be a new Council. And we have to be a new Council that speaks for us and other people are gone. And it is time for us to make our statement and realize that we are not MOTION TO OVERRIDE VETO ON BILL NO. 980708 supposed to fight the same battles over and over again. And that is what this is. Instead of asking us to vote "yes" or "no" on bills in some kind of convoluted way, which didn't work, now we are told to vote this one down and we'll have another one that you'll really like when all we have to do is to support this bill and do any modifications we find necessary. We went through all of this yesterday. (Applause.)

The Chair recognizes Councilman Cohen.

Madam Chair, I am not finished.

I'm sorry.

Thank you, Madam President. If my colleagues -- if my colleagues choose to vote this bill down, let's just be honest, let's be honest and say, if you don't think that the retirees deserve anything -- and let's stop calling it something else. That's all it is. You decide that you want money for all the other things we have to consider, like stadiums that we have to consider, MOTION TO OVERRIDE VETO ON BILL NO. 980708 and this Council's -- (unintelligible.) (Applause.)

I said before and I will continue to say, this is only a political battle, the money we talk about, and that's why everybody says let's not argue about the money. Of course not, because it's $3 million a year. We spend more than that on any given day. My goodness, there's no money, and we know the money wasn't an issue. In December it was an issue. We can't spend $88 million. The former President was talking about 65 and we couldn't find another 15 to 20 million. Then when it was decided over ten years that would be a lousy $3 million and that wouldn't work, now we are saying, well, it is not the money, it is the back end of the bill. Just yesterday the pension director had in the paper that it wasn't the back of the bill, that was okay; it was the front of the bill. Now we are saying the front of the bill is okay, but it's the back of the bill. Come on now, let stop playing games and give these people their pension. (Applause.) MOTION TO OVERRIDE VETO ON BILL NO. 980708

Councilwoman, are you finished?

Yes. Thank you.

The Chair recognizes Councilman Cohen.

Madam President, I am going to vote to override the Mayor's veto. (Applause.)

And I am going to do it because of so many questions raised by the Mayor which I think have no validity. But at the same time I want to make my position very clear. I think the labor movement knows me well and long for many, many years. And I believe that at least 14 members of this City Council are prepared to support the views of the retirees, who are prepared to do everything necessary. And if this next bill, which -- it has been made clear and we pledge it to you, will come before us by mid-February at the latest, that if that bill is vetoed by Mayor Rendell, there will be at least 14 votes in this City Council to override the Mayor's veto. MOTION TO OVERRIDE VETO ON BILL NO. 980708 Thank you, Madam President. (Applause.)

Thank you, Councilman. The Chair recognizes Councilwoman Blackwell.

Madam President, I am glad to hear of my colleague's support of the bill. I would say again, if the bill is so great and it is not about leadership questions, then how come -- then I request that my colleagues vote to override the Mayor's veto so that we can move forward, have the bill passed, and do our deliberations from there. That would be fair. Let's be up front.

Councilwoman, I would request that you make your motion again because it was not seconded before the speeches occurred.

Madam President, I move that this Council override the Mayor's veto of Bill 980708.

I second.

Properly moved and seconded. All in favor will signify by saying "aye." ROLL CALL ON OVERRIDE OF BILL NO. 980708

Madam Chair, roll call.

The Chair recognizes Councilman Kenney.

Would you be so kind enough as to state for the record those voting "aye" will be in favor of voting to override the Mayor's veto; those voting "no" will be clear -

I had intended to do that but I think we have to address the motion first.

Thank you.

The vote as is being considered, shall we override the Mayor's veto? Should we reconsider Bill No. 980708? All those in favor of the motion made by Councilwoman Blackwell to reconsider will say "aye." (Indicating.)

Are you going to call the roll? VOICE: Roll call. Roll call. THE

Councilwoman Blackwell? ROLL CALL ON OVERRIDE OF BILL NO. 980708

Aye.

Just a moment, please. Just a minute, Marie, if you will. Does Council want to reconsider? All of those in favor will signify by saying "aye." (Indicating.) VOICE: Roll call.

Madam Chair, please restate what -- you're saying the opposite of what was stated before. And again we request -- we move for a roll call vote.

Point of information, Madam President.

Yes, sir.

Madam President, is it the first motion that was made simply a motion that allows the Council to reconsider?

To reconsider, yes.

And that the second motion that's made is the motion that actually determines whether the veto is overridden or sustained; isn't that correct?

The Chief Clerk would then read the bill and then we would have a vote. ROLL CALL ON OVERRIDE OF BILL NO. 980708

Exactly. So the first motion is simply the motion that allows the Council to reconsider the bill in the first place, which everyone wants the bill reconsidered, so you can get to the vote of whether to sustain or override the veto.

Precisely. That's why I don't know that we need a roll call vote. I just asked all in favor -VOICE: You are cowards.

Please, sir.

Madam President, that motion is going to pass unanimously, the first motion.

I'm sorry?

Madam President, we should never assume -- I am assuming that the first motion is going to pass unanimously. But if the Councilwoman would like a roll call vote -

I said I didn't believe we needed a roll call vote. I asked who was in favor.

Point of information, Madam President. He asked for an ROLL CALL ON OVERRIDE OF BILL NO. 980708 override of the Mayor's veto.

This is only to reconsider, Councilwoman -

Well, you know -- if everybody -- those who want to reconsider want to say they really care about it. We ask for an override of the Mayor's veto.

The Chief Clerk will please call the roll?

Thank you. THE

Councilwoman Blackwell?

Wait a minute. A point of order. Madam Chair, please clarify what is on the floor.

Your motion is on the floor, Councilwoman, to reconsider Bill No. 980708. VOICE: Override. Override.

Point of information, Madam President.

Yes, sir.

Madam President, isn't our process and aren't our rules clear that ROLL CALL ON OVERRIDE OF BILL NO. 980708 you have to have a motion to reconsider in order to get to the point of being able to either vote to override or vote to sustain?

To get to that point, exactly.

You have to make a motion to reconsider first in order for the body to take some action on the bill.

Precisely.

We cannot take votes on whether to override or sustain unless we reconsideration the vote.

We cannot consider the votes until we vote for the consideration. We will put it back for reconsideration.

Let's go, Madam Chair.

So moved. If there is a second. All in favor will signify by saying "aye." (Indicating.)

Those opposed -The ayes have it. The ayes have it and Council will now ROLL CALL ON OVERRIDE OF BILL NO. 980708 reconsider Bill No. 980708. The Chief Clerk will read the title of the bill. THE

Bill No. 980708, "an ordinance amending the retirement system ordinance approved December 3rd, 1956, as amended, and amending the Municipal Retirement Benefit Plan 1987 ordinance which became effective January 8th, 1987, as amended, by adding new sections to in the case of both ordinances provide for increases to the benefits of certain uniformed and nonuniformed retirees by providing for cost-of-living increases and by allowing certain uniformed and nonuniformed employees to purchase service credit based on a higher compensation under certain terms and conditions, and making certain related technical amendments."

This bill, having been read on two different days, was approved by Council on December 17th, 1998, and returned by the Mayor today, January 14th, 1999, as disapproved. The question is: Shall Bill No. 980708 pass notwithstanding the Mayor's disapproval. So that we all clearly understand, those voting "aye" will be voting to override Bill No. 980708 ROLL CALL ON OVERRIDE OF BILL NO. 980708 notwithstanding the Mayor's veto. Those voting "nay" will be voting to sustain the mayor's disapproval. Are there any questions on that? Everybody's clear? The Chief Clerk will please call the roll. THE

Councilwoman Blackwell?

Aye. THE

Councilwoman Clark?

Nay. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco.

No. CROWD: Boo. (Interruption.)

Please continue. THE

Councilman Kenney?

Aye. THE

Councilwoman Krajewski?

Aye. ROLL CALL ON OVERRIDE OF BILL NO. 980708 THE

Councilman Longstreth.

No. (Interruption.) THE

Councilman Mariano?

Aye. THE

Councilwoman Miller?

Aye. THE

Councilman Nutter?

No. THE

Councilman O'Neill?

Aye. THE

Councilman Ortiz?

Aye. THE

Councilman Rizzo?

Aye. THE

Councilwoman Tasco?

No. THE

Council President Verna?

No. VOICE: Short lived up there, isn't it?

Chief Clerk, you have taken your count. My count indicates the ayes are nine, the nays are six. The override has failed. ROLL CALL ON OVERRIDE OF BILL NO. 980708 VOICE: Some of you have failed. Remember Election Day.

Yes, the ayes are nine. The nays are six. (Interruption.)

A two-thirds majority of the members of Council having voted to override -VOICE: Shame on you. Shame on you.

We will now go into our next order of business. It is the other communications from the Mayor, please. (Interruption.)

We will now get back to business. The Chief Clerk will continue to read other communications from the Mayor. May we have order, please. The noise level is much too high. The Chief Clerk will please read other communications. THE

January 14th, 1999. "To the President and members of the Council of the City of Philadelphia: I am returning herewith as requested by your resolution adopted January 14th, 1999, Bill No. 980657 entitled: 'an Ordinance RESOLUTION RECALLING BILL NO. 980657 Amending Title 9,' entitled: 'Regulation of Businesses, Trades and Professions of The Philadelphia Code by prohibiting the sale of laser pointing devices to minors and regulating the display of laser pointing devices for sale,' for the purpose of reconsideration by the Council of the vote by which said bill passed Council. Respectfully submitted, Edward G. Rendell."

Does the Chief Clerk have any other messages from the Mayor? THE

Yes, I do. Between December 30th and January 8th, the Chief Clerk's office has received 30 bills -- 30 letters from the Mayor, which -- where he has signed Bills that were passed by Council. And that's all of the communications.

Does the Chief Clerk have a reconsideration on the Laser Point Bill? We will now consider another special order of business: Resolution calling -- recalling Bill No. 980657. The Chair recognizes Councilman Mariano.

Thank you, Madam President. I want to offer one resolution. RESOLUTION RECALLING BILL NO. 980657

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

The resolution requesting the Mayor to return to Council, Bill No. 980657, entitled: "An ordinance amending Title 9, entitled: 'Regulation of businesses, trades and professions of The Philadelphia Code, by prohibiting the sale of laser pointing devices to minors, and regulating the display of laser pointing devices for sale,' for the purpose of reconsideration by the Council of the vote by which said bill passed Council."

The Chair recognizes Councilman Mariano.

Madam President, I move for the adoption of this resolution.

Do I hear a second? (Duly seconded.)

All those in favor will signify by saying "aye." (Indicating.)

Those opposed will say "nay." The ayes have it. The resolution is COMMUNICATIONS FROM THE MAYOR adopted. The Chief Clerk will read the letter from the Mayor. THE

January 14th, 1999. "I am returning herewith as requested by your resolution, adopted January 14th, 1999, Bill No. 980657, entitled, 'An Ordinance Amending Title 9,' and entitled: 'Regulation of businesses, trades and professions of The Philadelphia Code by prohibiting the sale of laser pointing devices to minors and regulating the display of laser pointing devices for sale,' for the purpose of reconsideration by the Council on a vote by which said bill passed council."

The Chair recognizes Councilman Mariano.

I move for the adoption.

Councilman, I believe your script says, he will move to reconsider the vote of Bill No. 98 -

I don't have the second page. I move to reconsider the vote of Bill SECOND READING AND FINAL PASSAGE OF BILL NO. 980657 No. 980657.

Do I hear a second?

Second.

All of those in favor let it be known by saying "aye." (Indicating.)

Those opposed? The ayes have it. The motion is passed. The Chief Clerk will please read the title of Bill No. 980657. THE

Bill No. 980657, an ordinance amending Title 9, entitled: "Regulations of businesses, trades and professions of The Philadelphia Code by prohibiting the sale of laser pointing devices to minors and regulating the display of laser pointing devices for sale."

The Chair recognizes -I'm sorry. All of those voting -- I'm sorry, can you speak into the mike? All of those voting "aye" will be voting in favor of the reconsideration. All of those voting "nay" will be voting against. The Chief Clerk will please read the roll. SECOND READING AND FINAL PASSAGE OF BILL NO. 980657 THE

Councilwoman Blackwell. Councilwoman Clark.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Longstreth.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ortiz. FIRST READING OF BILL NO. 980657

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco.

Aye. THE

Council President Verna.

Aye. The ayes are 14, I believe, and we have Councilwoman Blackwell not present. The ayes are 14, the nays are 0. The majority of the members having voted in the affirmative, the vote by which Bill No. 980657 was passed has been reconsidered. This bill now is on the second and final passage reading calendar and is in front of us today. The clerk will please read the title of the bill again. THE

"An ordinance amending Title 9 entitled: 'Regulation of businesses, trades and professions of The Philadelphia Code by prohibiting the sale of laser pointing devices to minors and regulating the display of laser pointing devices for sale.'" FIRST READING OF BILL NO. 980657

This bill, having been approved and reconsidered, it is now in front us. The Chair recognizes Councilman Mariano for the amendments.

Thank you, Madam President. Madam President, I offer amendments.

The Chair -- I'm sorry. Does everybody have a copy of the amendments? I think everybody has a copy, so there is no need for the amendments to be read. The stenographer will please be given a copy of the amendments. The Chair now recognizes Councilman Mariano for a motion.

Madam President, I move for the adoption of the amendments.

Do I hear a second? (Duly seconded.)

Properly moved and seconded, the question now is, all in favor will signify by saying "aye." (Indicating.) FIRST READING OF BILL NO. 980657

Those opposed. (No verbal response.)

The ayes have it. The amendment was adopted. This bill will be added to the second reading and final passage calendar for our next meeting. Yes.

Just a point of clarification.

Yes.

Will the -

I'm sorry, we can't hear anything, Councilwoman.

Can you hear me now? I think I'm on. I believe that it would be easier for the members to understand if the maker of the amendment will say what the amendment does. What it says to me is that it does not in any material way change the bill, but rather corrects an omission by inserting the word that was left out. We do not change the material meaning of the bill. The word that was left out was "sell."

Correct. INTRODUCTION OF BILLS AND RESOLUTIONS Councilwoman Clark, as you are aware that is outstanding, that is exactly the point; a word was let out. Thank you. Councilwoman Clark was correct. It does not change the substance of this bill at all.

So all of those in favor of the amendment will say "aye." (Indicating.)

Those opposed? The ayes have it. The motion is carried. The amendment is adopted. This bill will be added to the second reading and final passage calendar for our next meeting. Our next business is reports from committees. It is my understanding that we have no reports from committees. Our next order of business is introduction of Bills and Resolutions. The Chair recognizes Councilwoman Clark.

Madam President, I have no Bills or Resolutions.

The Chair recognizes Councilman Cohen.

No Bills or INTRODUCTION OF BILLS AND RESOLUTIONS Resolutions.

Thank you. The Chair recognizes Councilwoman Krajewski.

Madam President, I have to Bills or Resolutions.

The Chair thanks you. The Chair recognizes Councilwoman Miller.

Thank you, Madam President. I have one bill.

The Chief Clerk will please read the bill. THE

"An ordinance declaring it desirable for the health, safety and welfare of the people in the area served by Chestnut Hill College, a nonprofit corporation organized under the laws of the Commonwealth of Pennsylvania which operates facilities located at 9601 Germantown Avenue in Philadelphia, Pennsylvania, for the hospitals and higher education facilities authority of Philadelphia to undertake a project for Chestnut Hill College and approving the buildings and facilities included in such projects." INTRODUCTION OF BILLS AND RESOLUTIONS

The Chair -- the bill will be referred to the appropriate committee. Is Councilman Nutter in the room?

He had just walked off the floor.

The Chair recognizes Councilwoman Tasco.

Madam President, I have one resolution.

The Chief Clerk will please read the resolution. THE

"The resolution commemorating and celebrating the 70th anniversary of the birthday of the Reverend Dr. Martin Luther King, Jr."

The Chair recognizes Councilman Tasco.

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

Second.

By a standing vote?

And it is also sponsored by Councilwoman Clark.

All of those in favor INTRODUCTION OF BILLS AND RESOLUTIONS of the adoption of the resolution will signify by saying "aye." (Indicating.)

Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilman DiCicco.

Madam President, I have no Bills or Resolutions.

The Chair thanks the gentleman. The Chair recognizes Councilman O'Neill.

Madam President, I have no Bills or Resolutions.

Thank you. The Chair recognizes Councilman Longstreth.

I have no Bills or Resolutions.

The Chair recognizes Councilman Rizzo.

No Bills or Resolutions.

Thank you. INTRODUCTION OF BILLS AND RESOLUTIONS Are there any other Councilmembers in the room that have bills or resolutions? Saying none, we will continue -

I have two bills to review.

The Chair recognizes Councilman Mariano.

I have two bills. THE

First bill, "an ordinance of any Section 9205 of The Philadelphia Code entitled 'Sidewalk Sales.' By permitting business owners to conduct sidewalk sales on Frankford Avenue between Adams Avenue and Brill Street under certain terms and conditions."

The bill will be referred to the appropriate committee. THE

"An ordinance establishing a parking regulation on the west side on the 4200 block of Penn Street and the north side of the 1400 block of Church Street."

The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Clark.

Madam Chair, INTRODUCTION OF BILLS AND RESOLUTIONS Councilwoman Blackwell is off the floor, but on her behalf I introduce one resolution proposed by her and me.

The Chair thanks the Councilwoman. The Chief Clerk will please read the bill. THE

"Resolution honoring Trudy Haynes."

All of those in favor of the resolution will signify by voting "aye." (Indicating.)

Those opposed. VOICE: She would speak up.

Who would?

Jannie Blackwell. It's her bill.

The Chair recognizes Councilwoman Blackwell. Councilwoman Blackwell, did you want to speak on the resolution? If you don't -

No, I'm fine. Thank you.

All of those in favor SECOND READING AND FINAL PASSAGE CALENDAR of the resolution will signify by voting "aye." (Indicating.)

Those opposed? The ayes have it. The resolution is adopted. There being no Bills on the first reading calendar, we will now consider Bills on the second reading and final passage calendar. The Chair recognizes Councilwoman Blackwell for the purpose of calling Bills on the second reading and final passage calendar.

Madam President, all bills are being held with the exception of the last four, Bills No. 980549, 980705, 980799, which will be amended, and 980845.

The Chair thanks the Councilwoman. The first bill for consideration is Bill No. 980549. The Clerk will please read the title of the bill. THE

"An ordinance creating the convention center garage tax increment financing district and approving the project plan of the Philadelphia Authority for Industrial Development, SECOND READING AND FINAL PASSAGE CALENDAR for the redevelopment of the convention center garage tax increment financing district being the area generally bounded by 13th Street on the west, Arch Street on the north, Filbert Street on the south, and 12th Street on the east, and making certain findings and declarations, all in accordance with the Tax Increment Financing Act, being the act of July 11, 1990, P.L. 465, No. 113, as amended, and authorizing the director of finance and other officers of the City to execute documents and do all things necessary to carry out the intent of this ordinance."

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

Councilwoman Blackwell.

Aye. THE

Councilwoman Clark.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco. SECOND READING AND FINAL PASSAGE CALENDAR

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Longstreth.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ortiz.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco.

Aye. THE

Council President SECOND READING AND FINAL PASSAGE CALENDAR Verna.

Aye. The ayes are 15, the nays are 0. A majority of the members of the Council having voted in the affirmative, the bill passes. The next being to be called for consideration is 980705. The Chief Clerk will please read the title of the bill. THE

"An ordinance creating the Jump Street Tax Increment Financing District and approving the project plan for the Philadelphia Authority for Industrial Development ("PAID"), for the redevelopment of the Jump Street Tax Increment Financing District being the area generally bounded by 15th Street on the west, Cecil B. Moore Avenue on the north, Broad Street on the east, Oxford Street on the south, and making certain findings and declarations, all in accordance with the Tax Increment Financing Act, being the act of July 11, 1990, P.L. 465, No. 113, as amended, and authorizing the director of finance and other officers of the City to execute documents and do all things necessary to carry out the intent of this ordinance." SECOND READING AND FINAL PASSAGE CALENDAR

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

Councilwoman Clark.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Longstreth.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. SECOND READING AND FINAL PASSAGE CALENDAR THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ortiz.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco.

Aye. THE

Council President Verna.

Aye. The ayes are 15, the nays are -- I beg your pardon? Is somebody addressing the Chair? The ayes are 15, the nays are 0. The majority of all members of Council having voted in the affirmative, the bill passes. Is Councilman Nutter in the room?

No.

While we are waiting for Councilman Nutter, may I suggest that the Chief Clerk, please read Bill No. 980845. THE

"An ordinance creating SECOND READING AND FINAL PASSAGE CALENDAR the Pavilion Market East Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial Development ("PAID") for the redevelopment of the Pavilion Market East Tax Increment Financing District being the area generally bounded by 9th Street on the west, Market Street on the north, Chestnut Street on the south and 8th Street on the east, and making certain findings and declarations, all in accordance with the Tax Increment Financing Act, being the act of July 11th, 1990, P.L. 465, No. 113, as amended, and authorizing the Director of Finance and other officers of the City to execute documents and to do all things necessary to carry out the intent of this ordinance."

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.

Councilwoman Blackwell.