Stated Meeting, March 4, 2004

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, March 4, 2004 10:00 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670. 030404 - STATED - INVOCATION

I note that the hour has come and that quorum of this Council is present. Council will please come to order. Members will take their seats. And visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Monsignor George Tomichek of St. Peter's National Shrine of St. John Neuman. He is here today as the guest of Councilman Ramos. All members and guests will please rise.

Let us bow our heads for prayer to a God who alone hears is and will answer us. Blessed are you Lord, God of all creation, whose goodness fills out hearts today with joy. Blessed you are who have brought us together this day to work in harmony and peace for our great City of Philadelphia. Strengthen us with your grace and wisdom, for you are God forever. Make each 030404 - STATED - APPROVAL OF JOURNAL one of us a channel of your peace. Where there is hatred, let us bring your love today. We pray for the Mayor of this great City and especially this gathering of our special men and women in City Council who are entrusted to guard our political welfare and City life. May they be enabled by your powerful protection to discharge their duties with honesty ability and in love. Finally, Lord, bless Philadelphia, a special city. A city of saints and great people. We see our great St. John Newman, a great Philadelphian, who did much for this City. We ask him to intercede for us. Amen.

The Chair thanks the Reverend for his very inspiring invocation. (Council at ease.)

The next order of business is the approval of the Journal of the meeting of Thursday, February 26, 2004. And the Chair recognizes Councilwoman Blackwell. 030404 - STATED - LEAVES OF ABSENCE

Thank you, Madam President. I move that the Journal of the meeting of Thursday, February 26, 2004, stand approved.

Do I hear a second? (Duly seconded.)

It has been moved and properly seconded that the Journal of the meeting of Thursday, February 26, 2004, stand approved. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it. The motion carries, and the Journal of the meeting of Thursday, February 26, 2004, is approved. The next order of business is request for leave of absence. And the Chair recognizes 030404 - STATED - LEAVES OF ABSENCE Councilwoman Blackwell.

Thank you, Madam President. There are knee requests for leaves of absence on the part of the Majority.

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. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all Members of City Council, I welcome you to our Council Session. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. We certainly invite you to come again. At this time, I would like to welcome some very special guests visiting us 030404 - STATED - PRESENTATIONS today from the Buxton School in Williamstown, Massachusetts. They are accompanied by Mr. Alex Fellum (ph) and Mr. Bradford Davis. I would ask the students to please stand so we that can recognize you, and I say welcome. (Applause.)

At this time, the Chair recognizes Councilman Nutter who will present a resolution congratulating the Pennsylvania Historical Society on their 175th Anniversary of the Philadelphia Flower Show. Would Councilwoman Brown please join the Councilman. Thank you. Will Ms. Pepper and those accompanying her please join the Councilmembers at the podium.

Thank you, Madam President. This is a Council resolution congratulating the Pennsylvania Horticultural Society on the occasion of the 175th Anniversary of the Philadelphia Flower Show. Whereas, in 1829, the Pennsylvania 030404 - STATED - PRESENTATIONS Horticultural Society, PHS, held the nation's first Flower Show at the Masonic Hall on Chestnut Street and the well-known Christmas Flower, the poinsettia, was introduced to the public; and Whereas, from 1927 until the mid-1960s, a professional group of nursery men and growers operating as the Philadelphia Flower Show, Incorporated, managed the show and PHS produced the amateur competitive sections that are now a major component of the show; and Whereas, in 1964, the show lost its venue when the City announced plans to tear down the old commercial museum, but under the guidance of then Executive Director, Ernesta D. Ballard, the 1965 Flower Show was staged at the 23rd Street Armory; and

Whereas, beginning in 1966, the Flower Show was presented at the Civic Center, and since 1968 PHS has been the official producer of the Flower Show; and Whereas, since 1996, the Flower Show 030404 - STATED - PRESENTATIONS has been produced at the Pennsylvania Convention Center where it encompasses 33 indoor acres; and Whereas, the Philadelphia Flower Show largest indoor flower show in the world, attracting crowds of over 275,000 people each year; and Whereas, proceeds from the Philadelphia Flower Show help fund many of the outreach programs managed by PHS, including Philadelphia Green which is the nation's largest and most comprehensive neighborhood greening program; and Whereas, since its inception, the Philadelphia Flower Show has inspired millions of gardeners, old and young alike, and has showcased unprecedented floral displays becoming the premiere event of its kind in the world.

Now, therefore, resolved by the Council of the City of Philadelphia that we hereby extend our sincere congratulations to the Pennsylvania Horticultural Society on the occasion of the 030404 - STATED - PRESENTATIONS 175th Anniversary of the Philadelphia Flower Show. Resolved further that an engrossed copy of this resolution be presented to the Philadelphia Horticultural Society as a symbol of this legislative body sincere appreciation for the Society's distinguished accomplishments and commitment to the revitalization of the City's neighborhoods, parks, and community green spaces. Signed by Council President Verna, introduced myself and Councilwoman Reynolds-Brown and cosponsored by all Members of City Council. (Applause.)

The Chair recognizes Ms. Pepper for remarks.

Thank you very much. AND special thanks to Michael and Blondell for bringing this to our attention. And I would say congratulations also on your handling of the Latin terminology very nicely. (Laughter.)

The Flower Show is 030404 - STATED - PRESENTATIONS building this week, and it is absolutely gorgeous. And the other thing that I would like to mention about the Flower Show is that we estimate that each week the Flower Show comes to town, we have an economic impact of $27 million on our City; people who come and stay in hotels, people who eat in restaurants. And one of the gentlemen in Chinatown said to me a couple years ago, "I just wish that every week in Philadelphia was Flower Show week." So we will be there. And I want to introduce you to J. Blaine Bonham and he is our Executive Vice President and the leader in the Philadelphia Green group.

Thanks, Jane. I want to echo Jane's thank you. And also, we want to thank you for all the support that you have given PHS in sponsoring its Philadelphia Green Program over the years. I think we've done work in every single district in the City. And we will continue to do this work. I hope you have a chance to see some 030404 - STATED - PRESENTATIONS of the outstanding work that's being done through the NTI Program this year. We will have cleaned and greened 1.3 million square feet of vacant land by June 30th. And that is many in the major districts. We have many new gateways that are being built. Parks that are being renovated, and we will continue to do this as we move forward. We've developed something called a Green City Strategy that we hope we can tell more of City Council about, which really calls for the upgrading of our green infrastructure in the City, not only as a means of revitalizing the City, but also rebuilding community. So thank you very much. The Horticultural Society thanks City Council. (Applause.)

Thank you very much. Council will be at ease. (Council at ease.)

At this time the Chair recognizes Councilmembers Goode and Nutter who will present a resolution 030404 - STATED - PRESENTATIONS honoring someone that we all know and have worked with for a number of years, Mr. James Cuorato. Will Mr. Cuorato and those accompanying him please join the Councilmen at the podium, please.

Thank you, Madam President. As Mr. Cuorato comes forward, let me publicly thank him for the friendship and relationship we've had over the last 12 years that I've been in economic development. Actually, we've work directly and indirectly all through the years when he was at Commerce and I was not at Commerce. We shared a good deal of background together. He has actually helped me as a first-term Councilperson, helping to implement my legislation and also fulfilling some special requests. So I'm glad to present this resolution honoring James Cuorato, City Representative and Director of Commerce, City of Philadelphia. Whereas, James J. Cuorato began his 030404 - STATED - PRESENTATIONS career in 1980 as a project manager for the Philadelphia Industrial Development Corporation. In these 20-plus years he has held four positions, each of increasing importance and responsibility; and Whereas, Mr. Cuorato brought to his career a zest for improving the economic vitality of the city he loves, earning the respect of superiors and the confidence of his colleagues. He became Executive Vice President of the Penns Landing Corporation in 1994 before being named City Representative and Director of Commerce in 2000; and Whereas, in his capacity as Director of Commerce, Mr. Cuorato was able to improve the quality of life in the City of Philadelphia as well as across the State of Pennsylvania; and

Whereas, Mr. Cuorato has received numerous awards for his dedication to community service, including the Community Service Award presented by the Philadelphia Chinatown Development Corporation in 1994, the Community Service Award presented 030404 - STATED - PRESENTATIONS by the Waterfront Business Association in 1994, the Partnership Award presented by the Mount Airy USA Community Development Corporation in 2000, the Outstanding Alumnus Award from Drexel University in 2002, and he was inducted into the Father Judge High School Hall of Fame in 2002. Now, therefore, resolved by the Council of the City of Philadelphia that we hereby honor and commend James J. Cuorato. We wish him much success in his future endeavors and we wish to express to him our very best wishes. Further resolved that an engrossed copy of this resolution be presented to commend Mr. Cuorato as evidence of the respect and deep admiration off this legislative body. Introduced by Councilman W. Wilson Goode, Jr., for Council President Verna and cosponsored by all Members. (Applause.)

The Chair recognizes Mr. Cuorato for remarks.

Thank you, Madam 030404 - STATED - PRESENTATIONS President and Councilman Goode and Councilman Nutter for this great honor. And thanks to all of the Members of City Council that I've had the pleasure to work with during my career. It's been wonderful working with you. I always felt as though I was treated fairly and with respect even when there were times when we had disagreements, and it is a time that I will always treasure. I hope to be able to work with you all in the future in some capacity, and I really am very proud of the relationship that we had. So thank you all. I do want to, before I leave, just acknowledge several people who were very important to me, especially over the last several years, my two assistants who really were the ones who kept me organized and ran the department, and they're up here with me today, Deborah Powell and Dawn Scotton. (Applause.)

Thank you once again. This is a great honor to have this resolution and I appreciated working with all of you. 030404 - STATED - PRESENTATIONS Thank you. (Applause.)

Jim, thank you for your many years of dedicated service. And we certainly wish you every success in your future endeavors. Good luck to you. Council will be at ease. (Council at ease.)

At this time, the Chair recognizes Councilwoman Tasco who will present a resolution declaring March as Save Your Vision Month. Will Mr. Wayne and those accompanying him please join the Councilwoman at the podium.

Good morning. Here we are again for -- we were trying to determine how many years we presented this citation to the Philadelphia College of Optometry regarding our vision, and they have provided this valuable service throughout this community for many, many years. And I certainly I could say probably 10 or 12 years we've recognized you here in City Council and 030404 - STATED - PRESENTATIONS we want to continue to thank you for the wonderful outreach you do to the broader community to provide the service. And again, I will let people know I'm one of your patients. This resolution declaring March as Save Your Vision Month. Whereas, Save Your Vision Month is a national event sponsored every March by the American Optometry Association; and Whereas, the Pennsylvania College of Optometry is recognizing Save Your Vision Month with a vision health public awareness campaign entitled "Set Your Sight on Eye Care," a campaign that encourages the public to undertake specific actions to prevent vision loss; and Whereas, vision can be protected by, one, scheduling annual eye examinations, introducing a child to the importance of vision safety, getting to know your family history, handling your eyewear with utmost care, and taking changes in your vision seriously; and 030404 - STATED - PRESENTATIONS Whereas, the number of blind individuals in the United States exceeds one million; and Whereas, the causes of blindness are numerous, but individuals can implement preventative steps to reduce the risk of vision loss; and Whereas, uncorrected refractive error, cataracts, diabetic eye disease, trachoma, trauma, and other conditions do not have to result in the loss of vision; and Whereas when the public is observing the sight mandates, the chances of identifying vision conditions early and preventing eye injury are increased; and Whereas, the official 2004 "Set Your Sight on Aye Care Campaign" kickoff in City Hall will launch a series of free screenings at regional Free Library branches, senior citizen centers and community centers; and Whereas, the Pennsylvania College of Optometry hopes that these free vision screening events will encourage members of the community, especially those who fall into high 030404 - STATED - PRESENTATIONS risk groups, to take a proactive approach to caring for their eyes; and Whereas, the Pennsylvania College of Optometry's also participating in Vision USA, a national effort to provide free eye examinations for working persons with no health insurance who have not had any eye examination in the last 12 months. Now, therefore, that the Council of the City of Philadelphia declares and recognizes March as Save Your Vision Month and encourages members of the community to "Set Your Sights on Eye Care." Further resolved that an engrossed copy of this resolution be presented to the representatives of the Pennsylvania College of Optometry as a sincere expression of the Council's gratitude, appreciation, and commendation for sponsoring and organizing free vision screening throughout Philadelphia during Save Your Vision Month 2004. Certification that this is a true and correct copy of the original resolution adopted by the Council of the City of 030404 - STATED - PRESENTATIONS Philadelphia on the 5th day of February 2004. (Applause.)

The Chair recognizes Mr. Wayne for remarks.

Thank you, Madam President, Councilwoman Tasco and all Members of the Philadelphia City Council for helping the Eye Institute of the Pennsylvania College of Optometry kick off Save Your Vision Month for 2004. Each year across the country, people lose their vision either partly or completely because of things such as glaucoma and diabetes. In many cases, diminished sight could have been prevented. This year's theme, "Set Your Sight on Eye Care," encourages all Philadelphians to take specific actions to protect their eyesight. It is our hope that community members will use March as an opportunity to take a proactive approach to vision care by participating in the free screenings we are offering throughout the City. The first of there is here at City Hall in the Caucus Room 030404 - STATED - PRESENTATIONS at noon today, and we hope all of you will participate. Additional information about screenings is available or two web sites, the college's website www.pco.edu and the web site of WDAS, www.das.com. The Eye Institute located at 1200 Godfrey Avenue serves as the clinical teaching facility of the Pennsylvania College of Optometry. We also operate offices in the Strawberry Mansion and Mount Airy sections of Philadelphia. Each year we provide eye care services to over 70,000 individuals throughout the Delaware Valley. These services include primary eye care for adults and children, vision rehabilitation, laser procedures, and specialty services such as our Glaucoma Center of Excellence. We provide also provide emergency eye care 7 days a week, 24 hours a day. In closing, I'd like to extend our appreciation not only to City Council but to WDAS 105.3 FM and their news and public affairs director Tamlin Henry for helping 030404 - STATED - PRESENTATIONS promote awareness about vision. Thank you. (Applause.)

Good morning, everyone. WDAS is proud to partnership with the College of Optometry for this Vision Moth. A number of free screenings, as Mr. Wayne said, are available, the first one being right across the hall at 12 o'clock today, the final one being at WDAS at 23 West City Avenue on March 29th. I want to thank Councilwoman Tasco for her vision and making this resolution before City Council. Thank you.

Council will be at ease. (Council at ease.)

At this time the Chair recognizes Councilman Cohen who will present a resolution declaring February 27th through March 4th as Death Penalty Moratorium Week. Will Ms. Syms and those accompanying her please join the Councilman at the podium.

Madam President, 030404 - STATED - PRESENTATIONS may I request that Councilwoman Miller who was the Councilmember who originally established recognition of this moratorium week in City Council to be here and to read the resolution, and I'm requesting also Councilmembers Ramos and Councilman Goode to join us. They were the cosponsors of this resolution. And Peggy Syms who, in addition rather distinguished accomplishments, is also Committeeman in the 17 Ward which I lead. It gives me great special pleasure to welcome you here to receive this. Would you come up? Just I relinquish the work of reading the resolution -- I hope you'll forgive me Councilwoman Miller for imposing on you so, but I think you've earned it. I wanted to say something about abolishment of the death penalty. I think it's about time, actually long over due, for this to become a widespread issue throughout every segment of the United States. As a very young man going to elementary school, I remember hearing the phrase, "It is better to have a hundred guilty 030404 - STATED - PRESENTATIONS people go free than to have one innocent person go to jail or to be executed for a crime. In the United States -- now, I haven't heard that in recent days, and that bothers me, because it puts human life at such a low value. It's important that our criminal justice system has the confidence of all people. And to do that, it's got to be fair and just. And there have been so many cases, so many releases from death row of people who science caught up with and said they're innocent even though a jury found them guilty. I think it's time for this to become an overwhelming issue throughout the United States. We ought to be a country distinguished for its love of people and its love of the right of people who are innocent to go free, and every step ought to be taken to guarantee that. The criminal justice system to date has not met that test. These people up here are a group of very valiant warriors who have succeeded, including Pennsylvania among the states that 030404 - STATED - PRESENTATIONS have not had a death penalty execution in sometime, and their work led them to have declared at the state level a national moratorium week against the death penalty. Today happens to be the last day of that. But they've done such a great job, I'm hoping that it's going to catch on like fire. And like fire spread all over to consume all of us to determine that our criminal justice system has to be improved so that all people can have confidence not only the guilty will ever be found guilty. Councilwoman Miller, thank you so much for joining me here this morning.

You're most welcome, Councilman Cohen, because this is an issue very close to my heart too. Resolution declaring the week of February 27th through March 4, 2004 Death Penalty Moratorium Week in Philadelphia, renewing City Council's call for a Death Penalty Moratorium and commending the staff and the community of the Pennsylvania Abolitionists United Against the Death Penalty 030404 - STATED - PRESENTATIONS for dedicated efforts to advance the cause of a state-wide moratorium.

Whereas, on February 10, 2000, this body overwhelming passed Resolution 000068, introduced by Councilwoman Donna Reed Miller calling upon the Pennsylvania State Legislature to enact a moratorium on the imposition of any death penalty in Commonwealth of Pennsylvania until a fair and partial study is conduced; and Whereas, that resolution noted that the abolition of the death penalty by the vast majority of the democratic nations of the world, its universal condemnation by international human rights groups, and the calls for moratorium by the American Bar Association, the Pennsylvania Bar Association and Philadelphia Bar Association; and Whereas, that resolution further noted the enormous role that race plays in the imposition of the death sentence and that Pennsylvania lead the nation the percentage of people of color who are on its death row; and Whereas, since 2000, four 030404 - STATED - PRESENTATIONS Pennsylvania death row prisoners have been exonerated of whom three were Philadelphia residents at the time of their wrongful arrest, prosecutions, convictions, and sentences; and

Whereas, Governor Ed Rendell promised during his election campaign to call for a moratorium if presented with evidence that there were problems with the imposition and administration of the death penalty in Pennsylvania; and Whereas, on March 4, 2003, the Pennsylvania Supreme Court Committee on Racial and Gender Bias in the Justice System issued a 550-page report confirming the profound impact of race on the imposition of the dealt penalty recommending that the Governor, Legislature and the Court immediately suspend executions and conduct a full-scale investigation, but to date no action has been taken; and Whereas, Pennsylvania has similarly failed to respond to the 2002 United States Supreme Court decision in Atkins versus Virginia, declaring with execution of persons 030404 - STATED - PRESENTATIONS with mental retardation to be unconstitutional; and Whereas, Pennsylvania Abolitionists United Against the Death Penalty has worked diligently to educate the public about the compelling moral, political, and legal reasons for a moratorium on the imposition of the death penalty and has planned lectures, debates, teachings, sermons and other activities for the week of February 27tj through March 3, 2004, marking the anniversary of the Pennsylvania Supreme Court's report on Bias in the Justice System;

Therefore, be it resolved that the City Council of Philadelphia declares the week of February 27 through March 4, 2004, death Penalty Moratorium Week, renews its call for a moratorium on the imposition of the death penalty and commends the staff and community of Pennsylvania Abolitionists United Against the Death Penalty for their dedicated efforts to advance the cause of a state-wide moratorium. 030404 - STATED - PRESENTATIONS Further resolved that copies of this resolution should be forwarded to the members of the Pennsylvania Legislator in Harrisburg, Pennsylvania, and that an engrossed copy of this resolution be presented to the Pennsylvania Abolitionists United Against the Death Penalty as recognition of their sincere sentiments of this legislative body. Certified that this is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 26th day of February 2004. Signed by Anna C. Verna, President of City Council; introduced by David Cohen, Donna Reed Miller, W. Wilson Goode, Jr., and Juan Ramos, and sponsored by all Members of City Council.

Thank you very much, Councilwoman Miller. And just before I present this to Peggy Syms, I wanted to note the fact that one of my members of staff spent seven years -that's Ellen Berkowitz -- spent seven years as counsel for death row inmates with mixed 030404 - STATED - PRESENTATIONS success, and she is largely responsible also for this resolution today honoring the week because she and Peggy Syms were coworkers during her seven-year service. Peggy Syms is a 30-year-old friend and I want to present this resolution her. (Applause.)

The Chair recognizes Ms. Syms for remarks.

GOOD morning. I'd like to start by thanking City Council for being behind our organization, also to help us in this fight. It's a controversial issue; we're aware of that. But we've started -- our organization have started to go into the schools. We're started to go into the school to educate our young people about this serious topic. We've helped families support families. We're seeing superintendents of prisons and making sure that we'll be able to continue in our fight. But I'd like to thank you, the people that makes this possible, as well as we unite with clergy, Black Legislative Caucus, 030404 - STATED - COMMUNICATIONS because this is a big topic and big fight and we need everybody support. But I'd like thank you, Philadelphia, for supporting us and the families that really need your help. Thank you. (Applause.)

Council many be at ease. (Council at ease.)

The next order of business is communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor. THE

Madam President, I have no messages this morning.

Thank you. Does the Chief Clerk have any other communications in her possession? THE

No, Madam President, I have none.

Thank you. 030404 - STATED - INTRO. OF BILLS The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell for a motion regarding bills and resolutions.

Thank you, Madam President. I move that the Rules of Council be suspended so as to permit immediate consideration of resolutions at their time of introduction. (Duly seconded.)

It has been moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor will please indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the motion carries. 030404 - STATED - INTRO. OF BILLS The Chair recognizes Councilman Kenney.

Thank you, Madam President. I have no bills or timely resolutions today.

The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. Today, I introduce one bill and two resolutions.

The Clerk will please read the title of the bill. THE

An ordinance amending Section 9-205 of the Philadelphia Code entitled "Sidewalk Sales," by prohibiting vending on portions of Chestnut and Market Street between 55th and 57th Streets, portion of 56th and 57th Streets.

The bill will be referred to the appropriate committee. The Clerk will please read the title of the first resolution. 030404 - STATED - INTRO. OF BILLS THE

A resolution calling on the Pennsylvania Congressional and Senatorial Delegations to support and vote on legislative initiates that protect and preserve Social Security.

The Chair recognizes Councilwoman Blackwell.

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

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

Those opposed? (No response.)

The ayes have it, and the resolution has been adopted. The Chief Clerk will please read the title of the resolution. THE

A resolution 030404 - STATED - INTRO. OF BILLS honoring and recognizing the contributions and accomplishments of Dr. Judith Roden who will complete her term as President of the University of Pennsylvania in June 2004.

The Chair recognizes Councilwoman Blackwell.

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

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

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Cohen.

Madam President, I have no bills or resolutions today. 030404 - STATED - INTRO. OF BILLS

The Chair thanks the Councilman. The Chair recognizes Councilwoman Krajewski.

Madam President, I offer one bill.

The Clerk will please read the title of the bill. THE

An ordinance to amend the Philadelphia zoning maps by changing the zoning designations of certain areas of land located within an area bounded by Delaware River, Cottman Avenue, I-95 Expressway and Rhawn Street.

The bill will be referred to the appropriate committee. The Chair recognizes Councilman Mariano.

I have one resolutions, Madam President.

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

A resolution honoring the USS Philadelphia on its return 030404 - STATED - INTRO. OF BILLS from an historic deployment and the service, dedication, and courage of its crew.

The Chair recognizes Councilman Mariano.

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

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

Those opposed? (No response.)

The ayes have it, and the resolution has been adopted. The Chair recognizes Councilwoman Tasco.

Madam President, I have no bills or resolutions today.

Thank you. 030404 - STATED - INTRO. OF BILLS The Chair recognizes Councilwoman Miller.

Thank you, Madam President. I offer one resolution.

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

A resolution honoring and recognizing the Philadelphia Congress of the National Congress of Black Women in celebration of the 10th year of the organization's College for Kids Program.

The Chair recognizes Councilwoman Miller.

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

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

Those opposed? 030404 - STATED - INTRO. OF BILLS (No response.)

The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Nutter.

Thank you, Madam President. I have no bills or resolutions today.

The Chair thanks the gentleman. The Chair recognizes Councilwoman Brown.

Thank you, Madam President. I offer one resolution.

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

A resolution honoring and commending the National Forum for Black Public Administrators.

The Chair recognizes Councilwoman Brown.

Move for the adoption. (Duly seconded.) 030404 - STATED - INTRO. OF BILLS

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

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Goode.

Thank you, Madam President. I have no bills or resolutions.

The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.

Madam President, I offer one resolution and one bill.

Thank you. The Clerk will please read the title of the bill. THE

An ordinance 030404 - STATED - INTRO. OF BILLS amending Title 17 of the Philadelphia Code entitled "Contracts and Procurement" by adding a new Chapter 17-1200 entitled "Foreign Outsourcing," prohibiting City service contracts under which the work is performed outside the United States, under certain terms and conditions.

The bill will be referred to the appropriate committee. The Clerk will please read the title of the resolution. THE

A resolution authorizing Council's Committee on Public Safety to hold public hearings to investigate how the City conducted its investigation into the December 15, 1997 fire at the house of Luzaida Cuevas and the presumed debt in that fire Delimar Vera recently discovered to be living Aaliyah Hernandez, now six years old, who was in fact kidnapped from her home before the fire was set.

The Chair recognizes Councilman Ramos.

Madam President, 030404 - STATED - INTRO. OF BILLS I move for the adoption of the resolution. (Duly seconded.)

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

Those opposed? (No response.)

The ayes have it, and the resolution will be referred to the Committee on Public Safety. The Chair recognizes Councilman DiCicco.

Thank you, Madam President. I offer two bills and four resolutions.

The Clerk will please read the title of the first bill. THE

An ordinance establishing a "No Trucking Parking" regulation on South Seventh Street between Washington Avenue and Fitzwater Street, both 030404 - STATED - INTRO. OF BILLS sides.

The bill will be referred -

Madam President, it's five resolutions. I made a mistake; two bills, five resolutions

Very well. Thank you. The bill will be referred to the appropriate committee. The Clerk will please read the title of the second bill. THE

An ordinance establishing a "No Truck Parking" regulation on East Passyunk Avenue between Washington Avenue and Fitzwater Street, both sides.

This bill will be referred to the appropriate committee. The Clerk will please read the title of the first resolution. THE

A resolution authorizing City Council's Committee of the Whole to hold public hearings to examine and investigate alternate forms of revenue 030404 - STATED - INTRO. OF BILLS generation for the City of Philadelphia and to recommend policies, programs, and practices to aid in the creation of additional revenue.

The Chair recognizes Councilman DiCicco.

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

Councilwoman Blackwell, is your light on?

No.

Very well. Councilman O'Neill.

Madam President, I move that this resolution be amended in the following way: That the Committee on Finance -

Point of order.

The Chair recognizes Councilman Kenney.

Madam President, I don't believe that the sponsor was asked whether he'd be accepting an amendment. The motion on floor has not been voted on, and I 030404 - STATED - INTRO. OF BILLS think it's courtesy to the Councilmember introducing it that the be asked whether or not they would entertain a friendly amendment or not.

I understand that's already been asked and refused. I don't consider this as a friendly amendment. It's been refused by the sponsor.

Off the record it has been.

I'd like to get a ruling, Madam Chair, from parliamentarian as to what the appropriate procedure is relative to the motion on the floor to adopt a current resolution. And I assume that the amendment -

And the record so reflected.

I assume that the amendment is going to substantial change the existing resolution, so I don't know why we'd be voting on it. We should be voting for what's on the floor right now, as far as I understand. 030404 - STATED - INTRO. OF BILLS

Madam President, can I finish?

It's a point of order. I'd like to get a ruling on the point

What's the point?

The point is, is your motion in order?

It's always in order. To amend a resolution? It's on the floor.

I would like to get a ruling.

You have that right. Councilman Kenney, I think your point, and correct me if I'm wrong, as I understand it, is that you are suggesting that Councilman O'Neill ask the sponsor of the bill if he would agree to having the resolution changed?

I would like that on the record, yes.

I think the 030404 - STATED - INTRO. OF BILLS Councilman already stated that he's been asked and has decided not to accept this as a friendly amendment.

Councilman DiCicco.

During the discussion that's been going on for about 45 minutes, I was asked actually to hold two resolutions; the one that has just currently been introduced, the other being the Adoption Assistance Program. And both of those I have refused to hold. I've never been told the reason why either of those bills were being asked to be held. I suspect that some of the folks who would like to see this resolution in the Committee on Finance. By the way, I'm also a member of the Finance Committee. So certainly, I would be a part of those discussions if it were held in that Committee, but I believe that this resolution is so important to the citizens of this City that it should be held in the Committee of the Whole. There's a financial crisis that's a dark cloud 030404 - STATED - INTRO. OF BILLS over this City at this time and for us to make this an insiders game is really what I think is going on here today as to what committee hears it for the benefit of whatever -- I don't know. I think the only people who are going to suffer as a result of this are the citizens of this City. There's no specifics in this resolution as to how to generate additional revenue. It just speaks to the issue based on what the -

The Councilman is way beyond the scope of the question which was whether or not he agreed -

Then I say then, my question is you vote it up or down. If you don't believe that this is a vital interest to the citizens of this City and is important enough that all the Members of the City Council -

I'll decide what's important Councilman.

-- partake in those hearings, unlike the last week when only 030404 - STATED - INTRO. OF BILLS six Members showed up for the hearings with the Tax Reform Commission, then vote it down and vote against the citizens of the City having a say in what the tax structure of this City will be going forward. Vote no.

Point of order, Madam President.

The Chair recognizes Councilman Clarke for a point of order.

Thank you, Madam President. Madam President, just for the record, the suggestion that because the bill is heard in the Committee of Finance that Members will be prohibited from attending the hearing or participating in the debate is inaccurate. I recently attended a hearing that I was not a member of and was allowed a substantial amount of questions. So to clarify the process, if you are not a member of the Committee, you are not prohibited from attending the hearing. You are also not prohibiting from asking questions and entering into the debate. And I think that it is 030404 - STATED - INTRO. OF BILLS traditionally common courtesy from the Committee Chair to recognize all Members. So it's inaccurate to suggest that because you're not a member of a particular committee you will not be able to participate in the debate.

I would like to respond to that, Madam President. I concur. I concur that any Member of this Body can attend any committee whether you're a member of that committee or not and have the opportunity to speak. So I beg the question, then why not the Committee of the Whole? Why not all of us engage in this discussion that this Mayor at is inaugural address stated quite simply and clearly that we need to find alternative ways of funding this operations of this City of Philadelphia. And I think he was speaking to all of us, not the Committee on Finance. He was speaking to the Committee of the Whole, speaking to all elected officials throughout this City and the citizens. I think this is an opportunity now for all of us, our side, your side, my side, 030404 - STATED - INTRO. OF BILLS his side, her side whatever side we want to talk about -- because that's really what this is all this about, the insiders game. The only people who will suffer, in my opinion, if this is not being dealt with the Committee of the Whole are the citizens of this City. So I will go back and say, yes, I will not entertain this resolution being sent to the Committee on Finance. If you don't believe it should be in the Committee of the Whole, vote against it.

Madam President, I have not finished my amendment.

Councilman O'Neill.

I would move to amend this resolution in the first paragraph and the last paragraph substituting "the Committee on Finance" for the "Committee of the Whole" in both of those paragraphs.

Madam President, again, I ask the question why? Am I being penalized today because the resolution was circulated three hours late 030404 - STATED - INTRO. OF BILLS yesterday, according to the new Rules, the 24-hour Rule? Is this a way of smacking me on the hand and saying -

There are no 24-hour rules, Councilman.

Madam President, there hasn't been second yet.

There are no 24-hour Rules.

Madam President, we don't have a second yet.

I will read the Rules so that that once and for all we all understand.

I didn't get a second yet. He's speaking and there's no second.

I would like to clarify the Rules. We keep hearing about 24 hours, and I think that this is an appropriate time to actually read the Rules. "All resolutions excepting resolution of condolence and congratulations shall be sent by the sponsor to every 030404 - STATED - INTRO. OF BILLS Councilperson so as to be in the possession of members at least a day prior to the introduction into the Council, and when introduced shall be printed for the use of the Members and the public and shall be numbered consecutively." It is my understanding that the resolution was distributed yesterday approximately 1 o'clock.

Madam President, I would move that a day means 24 hours.

I might suggest, Madam President -- and I said this half jokingly in the Caucus Room, but I will say it for the record -- that you install time clocks in every Councilmember's office so that all of these resolutions will now be time stamped so there's no confusion whether it's 21 hours, 24 hours, or 20 hours, whatever the case may be. I mean, I was at a school yesterday and they had disciplinary offices and places for people to go who were late. I'm being 030404 - STATED - INTRO. OF BILLS penalized, I assume, because I was three hours late in delivering this resolution.

Point of order.

I made an amendment, Madam President.

Councilman Kenney.

I don't think there's been second yet.

The Minority Party hasn't gotten a second yet.

Excuse me.

Second.

Point of order.

I believe the motion was seconded. Point of order.

Just point of order please.

(Inaudible.)

I know you have, Councilman. I think Councilman Kenny has a point of order.

I just need 030404 - STATED - INTRO. OF BILLS something clarified on Councilman O'Neill's assertion that a day means 24 hours. Is that Eastern Daylight Savings time or Standard time?

That's why we need that time clock. Put a time clock in everybody's office.

Councilman O'Neill. Was your motion seconded?

Second.

Madam President, I wish speak against the resolution as loudly and as long as I may.

Madam President, as the sponsor of it, I would like to speak on it first.

Very well. Please do so.

Madam President, where "a day" means 24 hours or not, it was definitely intended for courtesy and for giving people time to read, discuss resolutions coming before the body. Some of them are much more complicated and involved, 030404 - STATED - INTRO. OF BILLS many more issues than others. Getting something like this and seeing the first time in the morning, as often happens, deprives you of the opportunity to do two things: One, go into the background with the sponsor on what some of the these proposals might be, what type of issues would be involved; and also to determine if this is the right Committee. And I believe if I had had a week to talk with Councilman DiCicco and present my point of view that this should go to the Committee of finance, at least then that discussion would be had. It can't be had when the first time I see it is when I'm asked to sponsor it in the Caucus Room. We have Rules suspensions to cover resolutions that would be sent less than a day in advance. And I believe that when a sponsor would make a rule suspension request, that one of the things they would assert is timeliness and how you just have to do this today and not next week should it lay over. I don't see anything on the face of this resolution that would cause it not to be able to be held and 030404 - STATED - INTRO. OF BILLS discussed. But I feel strongly that tax issues, issues relating to alternative to taxes belong in the Committee on Finance. The Committee of the Whole, while any bill can be sent there, specifically deals in the Rules with two issues: The budget of the City, the Capital Budget of the City, the budget of the School District and the Capital Budget of the School District and bills that are moved into that Committee on motion. I believe while we can send every bill to the Committee of the Whole, we have a Committee on Finance that deals with these issues. I think we've strayed from that. I think it's the right way to approach these bills, whether it's a Tax Reform Commission or TIFs or KOZs or this particular matter in front of us. And every member does get the opportunity to speak at the Finance Committee if they're so interested, but I think it's important -- and I'm not going to describe insiders games because we can talk all day in this body about insiders games. 030404 - STATED - INTRO. OF BILLS I just move that this resolution, which I believe has plenty of merit and is very important would not want to vote against it, but I would vote for it much more strenuously and with much more conviction if it were going to the appropriate committee, and that's the Committee on Finance. Thank you.

Councilman DiCicco.

While I do appreciate the Minority Leader's comments about certain.

He's the Minority Leader, he's the Super President -

The Councilman's out of another, Madam President.

(Inaudible.)

Councilman Cohen, you're out of order. Councilman DiCicco is speaking.

You are out of order, I will agree, but I your comments are quite accurate, actually. 030404 - STATED - INTRO. OF BILLS But that being said, I understand that some bills require a lot more time. Under the Minority Leader's description of the timing, it would be that these kinds of bills would have to circulated a week in advance. We circulated this bill somewhere between 1:00 p.m. and 2:00 p.m. yesterday.

Madam President, I didn't say a week in advance. I said more than a day in advance. That would have been 10 o'clock yesterday.

And I think I heard you say, and I'm paraphrasing, a week would be sufficient time. So I took that to mean that these kinds of bills -

No, that's not what I said. If I have to re-clarify, I will.

Than re-clarify.

If I had this before 10 o'clock yesterday, I have would have had yesterday to talk to Councilman DiCicco about it and work on how I was going to vote on it, whether it was in the right Committee, 030404 - STATED - INTRO. OF BILLS whether there might be some changes to the content of it. By getting it late, that doesn't happen. So the only other alternative is either vote on it so it doesn't appear you're against finding alternative sources of revenue -- and I know we all agree on that -or letting it sit a week when there's nothing that requires us to have to have this done by next Thursday. If there were, any rule suspension given the 24-hour rule, meaning a day or a day meaning 24 hours, would suffice.

Point of information.

But that's not before us.

The Chair recognizes Councilman Goode, I believe.

Thank you, Madam President. I'd like to ask the sponsor of the amendment if we follow his line of thinking why the Operating Budget is referred to the Committee of the Whole?

Because it's in 030404 - STATED - INTRO. OF BILLS the Rules.

So as we consider the budget, wouldn't it also be appropriate to consider a resolution that also talks about how to fund the budget?

If you're in the Mayor's budget message, they will be. We have that coming up in two weeks, I believe. I'd be glad to support that.

I believe this resolution deals specifically with how to fund this budget because of an anticipated deficit. And the budget is in the Committee of the Whole. I don't see why considering how to fund that budget would not be in the Committee of the Whole. Thank you.

Thank you, Councilman. I'd like to respond.

Madam President, point of order.

Councilman Cohen, is it a point of order? Councilman, your microphone is not on. And if you are asking for a point of 030404 - STATED - INTRO. OF BILLS order -

Councilman Cohen, if you'd just let me respond and then I will yield to you. Just let me respond to the Minority Leader.

Councilman DiCicco.

I believe I heard you say had you gotten this prior to 10:00 a.m. yesterday you probably would have had enough time to read it give me a call to discuss it. I apologize again that this resolution was circulated anywhere between three and four hours after the 24-hour period. My understanding is that this resolution was delivered to every Councilmember's office somewhere between 1:00 p.m. and 2:00 p.m. yesterday. I don't know that three hours makes all that much difference. If I heard you correctly saying that had you had it by 10:00 you and I would have had the conversation. I know there was a strategy session 030404 - STATED - INTRO. OF BILLS or meeting going on yesterday somewhere around that time. I was in my office. Other people were in their offices. You have staff. I'm sure staff brought it to your attention. I am available 24 hours a day as are just about every other Member of the Council. People call me up at night -

I did not have this time.

People call me up on weekends. I respond.

I did not have this in time.

Your time is 10:00 a.m. Unfortunately, and I apologize for probably the 10th time, it got there three hours after your time of 10:00 a.m.

Councilman Cohen, you have a point of information?

Madam President, I'm not moving to table it.

I beg your pardon?

I'm not moving 030404 - STATED - INTRO. OF BILLS to table it.

I understand that.

I've moving to amend it. The issues of 24 hours are not before us because there's no motion to table. Thank you.

You raised the issue that you didn't have sufficient time. I didn't raise that as an issue, you did, Councilman.

Councilman Cohen, I believe you had a point of order.

Well, I've had many of them.

I know you've waited for some time.

Madam President, you know, this is the 25th year, as I understand it, of Councilman O'Neill's service in City Council. Never before have I heard him raise any technical issue such as this. For anybody to raise this issue, one must have a lot of confidence in what one is doing. And 030404 - STATED - INTRO. OF BILLS I say that this is pure evidence of the fact that this is now a Republican, not a Democratic body. And I think the first order of business ought to be a resolution of apology to the voters of Philadelphia who believe last November that they overwhelmingly elected a Democrat. In my ward, 97.3 percent of the voters voted democratic, and they would take huge offense at this body becoming a Republican-led body or having a Republican in the position that Councilman O'Neill is. And I'm just horrified at the thought that my Democratic colleagues -- those who were Democratic in the campaign, I don't know what they are now -- have voted to turn over a final decision to a Republican. I don't know of any other Democratic body in the United States at a civic level that permits the losing party to control their events. And to have Brian O'Neill, a Republican, in the position of making final decisions and having the brazenness to argue this point. He knows full well, to the limited extent he knows anything about these Rules gathered during the 030404 - STATED - INTRO. OF BILLS 24 years of service, he knows that being a member of a committee gives you -

I object. Point of order.

The Chair recognizes Councilman O'Neill for a point of order.

I think our Rules address believe insulting other members. Councilman Cohen does that on a regular basis.

Well, all I'm referring to is Councilman O'Neill in the first 24 years of his membership in this body ever raise any such point. But what I want to point out -

His memory has nothing to do with this issue, Madam Chairman.

Yes, it does. It has a lot to do with the nature of this body.

Councilman Cohen, you're out of order, sir.

Point of order.

The Chair recognizes -030404 - STATED - INTRO. OF BILLS

Madam Chair -

Point of order, Madam President.

The Chair recognizes Councilman Nutter for a point of order.

Madam President, I -

No, Madam President, I have the floor.

There's a point of order, sir.

Madam President, I am going to ask my good colleague and good friend -- the debate can go on all day long. I'm pleased to sit here and listen to it. I do necessarily plan to engage in it. I do want to ask my good colleague and friend Councilman Cohen, notwithstanding what our Rules say and notwithstanding what Mason's Manual says or Robert's Rules or Order or anybody else or a civic organization or anything else, I think we have reached a point where the personal nature of comments 030404 - STATED - INTRO. OF BILLS regarding any of our colleagues on any issue, regardless of you passion, regardless of how you feel about it, there is a way to conduct a debate, as heated and passionate as it can be, in a civil fashion. So I will ask my good friend and colleague to refrain from personal comments about any member of this body. And he is not the only person. I'm sure at any given point in time anyone of us can be driven to the point of saying something about a member. And if I've done it, I apologize here on the floor of the Council. But I ask that as long as this debate goes on or any other debates that we have that we all do our best to respect each and every Member who is elected to body to argue about and talk about whatever it is that they want to talk about, but the personal references are not helping us get through either today's debate or the next three and three-quarters year where we have a lot of work to do. And I just make that request on the floor to my colleague in this particular instance, but it applies to all of us and certainly myself included. 030404 - STATED - INTRO. OF BILLS Thank you, Madam President.

You're welcome.

Point of information.

The Chair recognizes Councilman Rizzo for a point of information.

Madam President, in an effort to be thorough and fair to the sponsor, I checked not once, not twice, but three times. Neither of these two resolutions ever got to my office. So forget the 24-hour rule and it being late, it never got there. And I've checked with every one of my staff; this never got there. And I just want for the record because, again, this is something that's complex. It requires some information about -- especially the resolution urging the House of Representatives. So I just want to make sure, and again to be fair to the sponsor, to let him know that we have never received either of these two resolutions as of this morning. Thank you. 030404 - STATED - INTRO. OF BILLS

You're welcome.

Did you say that I had the floor? I didn't hear that.

You had the floor and I believe there was a point of order and a point of information. So you now have the floor again

Well, I'd like to know from Councilman Nutter whether he would answer one question. Would he be receptive to getting a question from me? Is the reference to the fact that someone is a member of an opposing party a personal reference? Because I have to deny your request if that's the case. With respect to the statement I made about Councilman O'Neill, I didn't think I was making a personal comment, but I can see how you can interpret it. And if I offended anyone, I'm ready to apologize. I was merely noting what I had studied from the record and what I knew personally. It was not an attack in any way on Councilman O'Neill. It was merely a 030404 - STATED - INTRO. OF BILLS reflection of a statement of what his positions have dealt with and what they've not dealt with in the last 24 years. I did not know that that would be offensive. But if Councilman O'Neill feels it is offensive to refer to his record, then I'm sorry and I apologize to Councilman O'Neill for offending him. But I have to refer to the fact that we're operating in a partisan -

Madam President, let me respond.

Councilman Cohen, I think you were asking a question of Councilman Nutter. He is ready to respond.

If I refer to some Member of this body as being Republican -

Can we allow Councilman Nutter to respond.

Councilman Cohen, I know what the question is. Councilman Cohen I appreciate your response and your apology. My comments were not directed with regard to your statement 030404 - STATED - INTRO. OF BILLS about the political party membership of Councilman O'Neill. I do not believe that that is a secret. Or your reference to his Minority leadership. I think we all know that. It was a very narrow response to a part of a sentence which went something a comment with regard what the Councilman may or may not know about the Rules which seem to be of a more personal nature regarding his understanding or not. What the Councilman's record is, I think is a public record and is probably fair game for discussion and debate. The Councilman can debate or defend his record. Our actions take place here in public. It was specifically and very narrowly focused on an issue of what a Member knows or what a Member doesn't know. And I think, again, in most of the Rules that try to cover jurisdiction of legislative bodies, I believe that there is a specific reference to reframing from even commenting on the motives of a particular member and what that member is doing or not doing. The rest of your comments, that's between you and Councilman 030404 - STATED - INTRO. OF BILLS O'Neill in the course of this debate. I was solely speaking about the issue with regard to his knowledge on a particular matter. Thank you, Madam President. Thank you, Councilman Cohen.

You're welcome. I believe your question was answered, Councilman.

May I continue? My question was part of my statement.

You have the floor.

Thank you, Madam President. I think that this legislative body has taken a strong turn for the worse, and my prediction is it's going to get continually worse because I don't know how a politically sensitive body -- and this must be politically sensitive because the Democrats are being held to their leadership abilities. The voters voted for a Democratic body. How could this 030404 - STATED - INTRO. OF BILLS body dare under any circumstances to turn over final decision-making to the Republican Leader? He represents only three people. His party was overwhelmed in the last election just held last fall. How could our Majority Leader, a Democratic Majority Leader play the role she's played in turning over this control? Or how could any member of the Democratic party justify placing the Republican in charge of final decision-making? It would be just as if Senator Curry and Senator Edwards at the last moment said, "We have a disagreement. We don't care what the workers says, let's ask President Bush to make the decision for us because he's the highest ranking Republican."

Point of order.

I hear a point of order, but I don't know who's saying it. Councilman Goode.

Thank you, Madam President. There is nothing within our Rules that deals with the referral of resolutions, 030404 - STATED - INTRO. OF BILLS which is why I believe the sponsor of this amendment has chosen to amend the resolution. That's why it also requires a vote of Council.

Well, I don't know that, but I know there's a vast difference, and I think everybody knows this, between being a member of a committee and not being a member of a committee. I would oppose this particular resolution because I have absolutely no confidence in the Finance Committee. And the reason I have no confidence in the Finance Committee is that the Chairman of that Committee apparently decided with the Republican member that I wasn't capable of continuing to work as a Member of the Finance Committee, therefore, I would have to come in as most bodies require freshman members to come in, sit as a member of the audience, and only after every Member of the Committee has fully asked every question they want to is the Member sitting among the audience am able to ask a question. You don't have the same rights as a Member of Council attending a Committee of which you are 030404 - STATED - INTRO. OF BILLS not a member as a Member of the Committee has. You may sit there two or three hours before you get a chance to ask a question. That is probably a correct decision to give the rights first to Committee Members. But I've never before been in a body -- and I would strongly protest any conclusion that I was not fit to serve on the Finance -

Point of order.

There's a point of order, Councilman Cohen, by Councilman Kelly. The Chair recognizes Councilman Kelly.

Madam President, I'm making a point of order because I think all the rhetoric coming from Councilman Cohen has not relevance to the point of Councilman O'Neill. He made an amendment, it was seconded. Now, we just have to recognize Councilman O'Neill and his amendment and let's get on with it and let's start either voting for or against this amendment. But I would just like to mention that Councilman Cohen 030404 - STATED - INTRO. OF BILLS just stick with the topic at hand.

Councilman Cohen, are you finished, sir?

I have much to say and over many weeks it will be and maybe over many years, if the Lord permits me to. But I think this is a most outrageous event. In my whole experience as Councilman that if a Member wished to serve on a committee, that Member's wishes were recognized. I don't know what happened. I know I was on eight committees before. Now I'm on four as a Member without respect to being chairman or vice chairman. And I'd like to know why was I taken off of Finance. Was it felt I didn't know enough about finance? And I'd like to get answers from Councilwoman Blackwell and Councilman O'Neill as to why I was taken off of the those committees. Therefore, I'm opposed to anything in the Finance Committee -

(Inaudible.)

I'm sorry, Councilman O'Neill, I can't hear you. 030404 - STATED - INTRO. OF BILLS

I can just say I think it was good decision. I thought it was a good decision then and I think it's good decision now. Thank you.

And Councilman O'Neill, I think it's time you apologized for a statement you made about me many years ago.

Councilman Cohen, I would really appreciate it if you would simply address the issue that's on the floor at the present time.

Well, the issue is whether this should go to the Finance Committee and I'm addressing why I have absolutely no confidence in the composition of that Committee, particularly in its leadership. Because I was a member of the Committee. I think I served very faithfully for the years I was on it. I requested to be continued on it, and I was rejected. And there are only two people that I know who rejected me, and that was Councilwoman Blackwell and Councilman O'Neill. And I think I'm entitled to an answer. 030404 - STATED - INTRO. OF BILLS Now, this new Republican-led City Council follows the policy that the Republicans follow at the state and federal levels where they are in control properly where they have a votes, and that is never give a Democrat an answer. Never tell them why you've done anything, a Democrat isn't worthy of even knowing why things are done. And that's the main complaint of Democrats in Harrisburg and Washington. To have a lead Democratic body taking actions and then refusing to explain or discuss -- so let me ask Councilwoman Blackwell, people have asked me, "How come you're not on the Finance Committee? I thought you did very well." I'd like to get answers.

Point of order.

Councilman Goode.

Thank you, Madam President. Councilman Cohen is clearly out of order on the motion on the floor. And Councilman Ramos wishes to be recognized.

Thank you. 030404 - STATED - INTRO. OF BILLS I think there are several Members that would like to be recognized. At this time, the Chair recognizes Councilman Ramos.

Thank you, Madam President. I'm the freshman in this great legislative body, and I'm so honored to be a member here because the people of Philadelphia put that trust on my by voting me in here. I was not given a script on what City Council does or anything of that nature. Didn't expect it. I came here knowing that I had a job to do. So the only thing I can go by as I vote around here is to go by the Rules that were approved and given to me. And on the Committee on Finance, it says all matters relating to finance, taxation, all matters relating to taxes should go to this Committee. Because I have not been instructed to think otherwise, my thinking is that all matters relating to finance, taxation, and all matters relating to taxes, all matters relating to revenue go to this Committee. So when I act, I will act on what's been given me to read and 030404 - STATED - INTRO. OF BILLS abide by. Also, in Section 2, it says "The President shall preserve order and decorum and force all rules adopted for the government of the Council." I can only go by what has been given to me as rules that have been established by the Council. And it is only by those guidelines that I will rule. And I am actually very troubled at this time as a freshman, my two months of service in this Council, very exciting two months for me. All of you have been in some way directly or indirectly have been of some help to me. I've cosponsored bills with Jim Kenney and a number of my other colleagues here, David Cohen and many Members of this Council. I will continue to work in that way. But I can only go by and vote on the Rules that have been passed on to me. Thank you, Madam President.

Thank you. Councilman O'Neill, I think in a way I did hear you say, and correct me if I'm 030404 - STATED - INTRO. OF BILLS wrong, it's never inappropriate to refer a resolution or an ordinance to the Committee of the Whole?

I think there are many areas in our Rules where a bill can be referred to several different committees. I think we should limit, to the extent possible, referrals to the Committee of the Whole when we have a specific committee that deals with the subject matter. And I understand there's a disagreement. And that's what legislative bodies are all about. And I'm not about to insult anyone who disagrees with me on this or has a different position or bring other areas into it. I'm in my 25th year and I'm not going to start insulting people at this point. I believe this belongs in Finance, just as I believe the tax reform bills belonged in Finance. I think that they should be there. If they become part of the Mayor's budget message, they go into the Committee of the Whole. That's easy to do. But I believe the Finance Committee 030404 - STATED - INTRO. OF BILLS has a role. I didn't always serve on the Finance Committee and I didn't always serve on may other committees. And whether it was George Schwartz or another President, those decisions were made by people other than myself and you accept it and go on. But I strongly believe that we should be consistent in dealing with issues like this when the budget has its place in the Committee of the Whole and tax bills or bills dealing with taxation, resolutions like this belong there. And I'm just looking for majority support and that's what this Council is all about. Thank you.

Point of order.

The Chair recognizes Councilman Kenney.

Madam President, point of information. Let me note that from Mason's Rules, , for my colleagues who want to know, Section 396, it states "Every original main motion may be amended." We have a motion to amend a 030404 - STATED - INTRO. OF BILLS resolution on the table. It has been seconded, and I ask for roll call.

Madam President, point of order.

Point of order.

If the amended motion on the floor is in order, is it not also in order to debate that motion or have the opportunity to discuss that motion?

Yes, it is.

Thank you.

Councilman Kenney, I think before Councilwoman Blackwell was recognized you wanted to be recognized for a point order.

I do not have a microphone.

I think we can hear you.

Thank you. Madam President, I too served on the Finance Committee up until this term and, 030404 - STATED - INTRO. OF BILLS again, like Councilman Cohen, 12 years in tenure, more senior member the body, was taken off that committee. I don't why either, but that's not the issue I'm raising. I do believe that Councilman Cohen is correct when he says that being a member of a Committee does give you a certain level of authority as opposed to simply a Councilmember who is spectating at a hearing of committee that they're not a member of. I think one of the concerns that I have, frankly, is that if this were to be passed through the Finance Committee, would we get a hearing on the resolution? And I think that if the Chairperson of the Committee would commit to a specific date certain for a hearing, I would feel better and would be more willing to support that amendment that Councilman O'Neill is raising if we knew in fact, even though I'm not on the committee, if I knew in fact for certain prior to the passage of our budget we have a hearing on this particular resolution. It would give me a better level of comfort. 030404 - STATED - INTRO. OF BILLS

I think the sponsor would have to suggest that.

Madam President, as Chair of the Finance Committee that is being referenced this morning, I resent the inference that we are not try to do a good job. We have. I've been here since January 3, 1976. My record speaks for itself, and I will not commit to any date when we will have a hearing, as has never been done in this Council. I refuse, and the answer is no.

Thank you, Madam President.

The Chair recognizes Councilwoman Miller. Is she still here? Did Councilwoman Miller leave the room?

Yes.

I believe the next one to speak is Councilman Goode.

Thank you, Madam President. I just wanted to note for the record once again that not only the budget bills but the tax bills are going to be heard 030404 - STATED - INTRO. OF BILLS by the Committee of the Whole. I believe this is what this resolution refers to. I see no reason why this bill can't be considered in the Committee of the Whole when it deals specifically with those bills.

Thank you. The Chair recognizes Councilman Mariano.

I move for the a previous question, Council President.

Is there a second?

I moved for the previous question.

Second.

Point of information. Can someone clarify what the previous question was. It's been a little confusing.

It's the previous question, Councilman O'Neill's amendment.

You made a motion. It requires four seconds, four people 030404 - STATED - INTRO. OF BILLS to second it, as I understand from our attorney.

Point of information.

Yes.

In effect, if that motion is passed, does that then stifle the debate? The debate ends?

Yes.

So we will know longer be able to talk to this?

If there are four seconds, no

Second.

That's only one.

Point of information. We need four seconds now?

That's what I am told. Four different Councilmembers to second the motion. That is what I am being told by our attorney.

Have we ever done that before? 030404 - STATED - INTRO. OF BILLS

Madam President, if you want four seconds, you will get them. Second.

I'm simply going by the Rules as we have them and which are being brought to my attention.

We can have this debate about the Rules that the majority of people voted for at Inauguration Day all day if we would choose. There's a motion on the floor, Madam President, and we're asking you to go by the rules. Do your job.

We're going by the rules as has been requested, and it does say that four people -- may I read the Rule?

Please.

"The previous question shall not be moved by less than five members and shall required the vote of a majority of all the Members of Council to sustain it. If the call for the previous question be sustained, the question shall be 030404 - STATED - INTRO. OF BILLS upon pending amendments and the main question in their order, and all incidental questions arising after a motion shall be decided whether on appeal or otherwise without debate." That is on . So I believe Councilman Mariano made the motion. Councilwoman Blackwell seconded the motion, so that's two.

Second.

Councilman Clarke, that's three

I will second it.

Councilman Kelly is four.

Second.

And Councilman O'Neill is five.

Thank you.

I would ask the Chief Clerk call the roll.

I'm sorry.

Now we're voting on the question. 030404 - STATED - INTRO. OF BILLS

I'm sorry. Because there's been so much debate, there's been two motions on the floor. Is this the amended DiCicco motion?

To call the motion on the question.

What's the question?

Make your motion again, please.

I make a motion for the previous question to end debate.

And I think there's been so much debate, I am asking Councilman O'Neill to really specify exactly what his -

Madam President. Point of order.

I'm sorry. We can't do that. I would just like people to know what it is that we're voting for.

We're not voting on the amendment, it's only on calling the question. 030404 - STATED - INTRO. OF BILLS

Right.

We're voting to call the question.

As to whether to end debate. We're not voting on any amendment that's been put on the floor.

The question is the motion to end debate. The Clerk will call the roll. THE

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

No. THE

Councilman DiCicco.

No. THE

Councilman Goode.

Aye. THE

Councilman Kelly.

Aye. THE

Councilman Kenney. 030404 - STATED - INTRO. OF BILLS

No. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ramos.

Aye. THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco. 030404 - STATED - INTRO. OF BILLS

Aye. THE

Council President Verna.

No. THE

The nays are 4, the ayes are 13.

Debate is ended. We will now move on the amendment. O'Neill. Councilman O'Neill, so the people know exactly.

The amendment involves two paragraphs, the first and the last, and it consist of substituting Committee on Finance for the Committee of the Whole in each of those paragraphs.

All in favor of the adoption of the amendment will say aye, unless there is a roll call -

Point of order.

The Chair recognizes Councilwoman Tasco. 030404 - STATED - INTRO. OF BILLS

Aren't amendments supposed to be circulated?

He's simply amending -- I think he's asking that the circulated resolution be amended.

I just want to see it. Thank you.

Councilman, I don't know that they were circulated, and technically they don't be, but there is a motion on the floor. It has been moved and seconded that resolution be adopted, on Councilman O'Neill's amendment. All in favor of the adoption of the amendment will say aye. (Aye.)

Those opposed? (No.)