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Minutes

Stated Meeting, June 10, 2004

Philadelphia City CouncilJun 10, 2004

People mentioned

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

Organizations mentioned

Council President Verna

The Chair recognizes Councilman DiCicco.

Councilman Dicicco

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the resolution is adopted. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

I offer one bill and one resolution of which I request immediate consideration.

Council President Verna

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

Chief Clerk

An ordinance amending Title 14 of The Philadelphia Code relating to zoning and planning by amending provisions of section 14-205 concerning R-1A Residential Districts, all under certain terms and conditions.

Council President Verna

The bill will be referred to the appropriate committee. THE

Chief Clerk

And a resolution honoring Chief Inspector James Tiana (ph).

Council President Verna

The Chair recognizes Councilman O'Neill.

Councilman O'Neill

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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

Councilman Clarke

Madam President, I have one resolution.

Council President Verna

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

Chief Clerk

A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Cecil B. Moore Avenue Urban Renewal Area.

Council President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

I move for the adoption. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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

Councilman Kelly

Madam President, I offer one privileged resolution.

Council President Verna

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

Chief Clerk

A resolution welcoming the Celtic Football Club to Philadelphia and honoring them for victorious season.

Council President Verna

The Chair recognizes Councilman Kelly.

Councilman Kelly

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

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

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

Councilman Rizzo

Madam President, no bills or resolutions today.

Council President Verna

Thank you. The next order of business is reports from committees. And the Chair recognizes Councilwoman Blackwell for a report from a report from the Committee of the Whole.

Councilwoman Blackwell

Thank you, Madam President. The Committee of the Whole reports out one bill with a favorable recommendation.

Council President Verna

The Chief Clerk will please read the report.

Chief Clerk

To the President and members of the Council of the City of Philadelphia, the Committee of the Whole to which was referred Bill No. 040642, entitled an ordinance providing for the contingent exemption, abatement, or credit of certain taxes within specific geographic areas, including by amending Bill No. 030242 relating to the boundaries of the Keystone Opportunity Improvement Zone and by amending Chapter 19-3200 of the Philadelphia Code entitled Keystone Opportunity Zone, including by resizing the conditions for exemptions from net profits tax and by clarifying and amending the provisions relating to relocating businesses, all under certain terms and conditions; respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.

Council President Verna

The Chair again recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move that the Rules of as to permit first reading this day of Bill No. 040642.

Council President Verna

Do I hear a second from anybody? (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill No. 040642. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed?

Councilman Goode

No.

Council President Verna

The ayes have it and the bill just read will be placed on the First Reading Calendar for today. I'm sorry, I did not hear. The record would indicate that on our last vote Councilman Goode voted no. I'm sorry, I didn't hear you. At this time, the Chair recognizes Councilman Clarke for a report from the

Councilman Clarke

Thank you, Madam President. The Committee on Rules reports 17 bills with a favorable recommendation.

Council President Verna

Thank you. The Chief Clerk will please read the report. THE

Chief Clerk

To the President and Members of the Council of the City of Philadelphia, the Committee on Rules to which was referred Bill No. 040327 entitled an ordinance approving the second amendment of the redevelopment proposal for the 45th and Sansom Urban Renewal Area; And Bill No. 040424 entitled an ordinance approving the first amendment of the redevelopment proposal for the 44th and Aspen Urban Renewal Area; And Bill No. 040426 entitled an ordinance approving the first amendment of the redevelopment proposal for the Frankford Creek Urban Renewal Area; And Bill No. 040427 entitled an ordinance approving the first amendment of the redevelopment proposal for the Tioga Urban Area; And Bill No. 040429 entitled an ordinance approving the redevelop proposal of the Redevelopment Authority of the City of Philadelphia for the Redevelopment of the 54th and Columbia Urban Renewal Area; And Bill No. 040430 entitled an ordinance approving the 4th amendment of the redevelopment proposal for the Independence Mall Urban Renewal Area; And Bill 040433 entitled an ordinance approving the 32nd amendment of the redevelopment proposal for the Model Cities Urban Renewal Area; An Bill No. 040434 entitled an ordinance approving the 12th amendment of the redevelopment proposal for the Cecil B. Moore Urban Renewal Area; And Bill No 040462 entitled an ordinance approving the 5th amendment of the redevelopment proposal for the Point Breeze East Urban Renewal Area; And Bill No. 040496 entitled an ordinance amending Philadelphia Zoning Maps by of certain areas of land located within an area bounded by Civic Center Boulevard; And Bill No. 040498 entitled an ordinance approving the 10th amendment of the redevelopment proposal for the Eastwick Urban Renewal Area; And Bill No. 040500 entitled an ordinance approving the 15th amendment of the redevelopment proposal for the South Central Urban Renewal Area; And Bill No. 040506 entitled an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land; And Bill No. 040520 entitled an ordinance approving the 2nd amendment of the redevelopment proposal for the Brewerytown Urban Renewal Area; And Bill No. 040521 entitled an ordinance amending Section 14-201.1 of The Philadelphia Code relating to R-1A Residential District by changing the width of side yards; And Bill No. 040566 entitled an 10 of The Philadelphia Code entitled "Regulation of Individual Conduct and Activity" by generally prohibiting the keeping the certain farm animals; And Bill No. 040616 entitled an ordinance declaring that it is desirable for the health, safety and welfare of people of the area served by Temple University Hospitals; Respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.

Council President Verna

Thank you. The Chair recognizes Councilman Clarke.

Councilman Clarke

Madam President, I move that the Rules of Council be suspended so as to permit first reading this day of Bill No. 040327, 040424, 040426, 040427, 040429, 040431, 040433, 040434, 040462, 040496, 040498, 040500, 040506, 040520, 040521, 040566 and 040616. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of the bills just read.

Councilman Cohen

Point of information.

Council President Verna

Yes, sir.

Councilman Cohen

What Committee is Councilman Clarke reporting?

Council President Verna

Rules.

Councilman Cohen

Okay. I want to make sure that when the report comes on the Streets Committee I don't miss the opportunity to vote no, so please forgive me inquiring.

Council President Verna

Again, I will repeat, it has been moved and seconded that the Rules of Council be suspended so as to permit first reading this day of the bills just read. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the bills just read will be placed on today's First Reading Calendar. The Chair recognizes Councilwoman Blackwell for a report from the Committee on Finance.

Councilwoman Blackwell

Thank you, Madam President. The Committee on Finance reports out three bills with a favorable recommendation.

Council President Verna

Thank you. The Chief Clerk will please read the report. THE

Chief Clerk

To President and Members of the Council of the City of Philadelphia, the Committee on Finance to which was referred Bill No. 040023 entitled an ordinance amending Section 19-2604 of The Philadelphia Code relating to tax rates, credits, and alternate tax computation for the business privilege tax; And Bill No. 040564 entitled an Philadelphia Gas Works to include with all monthly bill statements to customers information regarding the portions of the customer's bill attributed to the cost of services provided or to be provided to other customers; And Bill No. 040565, an ordinance requiring the Philadelphia Water Department to include with all monthly billing statements to customers information regarding the portion of the customer's bill attributable to the cost of service provided or to be provided to other customers for which the Department has determined it cannot or will not be able to collect payment; Respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.

Council President Verna

Thank you. Again, the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. Rules of Council be suspended so as to permit first reading this day of Bill Nos. 040023, 040564, and 040565. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Rules of Council be suspended.

Councilman Cohen

Madam President.

Council President Verna

Yes, sir.

Councilman Cohen

I'd like to move to sever the bill that relates to charges being made upon good-paying customers for bad-paying customers. I understand one of those bills is that bill provides that the billing should show that fact. I'm not sure of the number.

Council President Verna

Councilwoman Blackwell, your light is on. Did you want to address this issue?

Councilwoman Blackwell

Bill No. 040564 and 040565 deal with the customer part of the bill showing for gas and for water, that the part of the bill that is not paid by the customer is reflected in the billing. But charging, it's about showing a payment on a bill.

Council President Verna

Councilman Cohen.

Councilman Cohen

I want my vote recorded nay on those two bills with respect to the suspension motion.

Council President Verna

Very well. Councilwoman Miller, your light is on. Did you want to be recognized?

Councilwoman Miller

Yes. Thank you, Madam President. I'd like to be recorded as voting aye on bills resolutions when I was not in the Chambers.

Council President Verna

The record will so reflect that. Thank you. Again, it has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill No. 040023 -- maybe we should take them separately. All in favor will say aye. (Aye.)

Council President Verna

Those oppose? (No response.)

Council President Verna

The ayes have it and the motion carries. We will now consider Bill No. 040564. All those in favor of the Rules being suspended so as to permit first reading this day of that bill will please say aye. (Aye.)

Council President Verna

Those opposed?

Councilman Cohen

Nay.

Council President Verna

The record will reflect that Councilman Cohen voted in the negative. All other members voted in the affirmative. We will now suspending the Rules to permit first reading this day of Bill No. 040565. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed?

Councilman Cohen

No.

Council President Verna

The ayes have it. The motion carries. The record will reflect that Councilman Cohen voted in the negative. The bills just read will be placed on today's First Reading Calendar. The Chair again recognizes Councilman Clarke for a report from the Committee on Public Property and Public Works.

Councilman Clarke

Thank you, Madam President. The Committee on Public Property and Public Works reports five bills with favorable recommendation.

Council President Verna

Thank you. The Chief Clerk will please read the report. THE

Chief Clerk

To the President and Members of the Council of the City of Philadelphia, the Committee on Public Property and Public Works to which was referred Bill No. 040553 entitled an ordinance authorizing the Philadelphia Authority for Industrial Development to purchase certain tracts of land 1601 and 1603 South 49th Street; And Bill No. 040555 entitled an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed situate at 3033-63 East Ontario Street; And Bill No. 040556 entitled an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to purchase from the School District of Philadelphia a certain parcel of land located on the grounds of the Mayfair Elementary School, 3001 Princeton Avenue; And Bill 040558 entitled an ordinance authorizing a trial program under which advanced approval is given to the Philadelphia Facilities Management Corporation to enter into certain contracts on behalf of the Philadelphia Gas Works; And Bill No. 040570 entitled an ordinance authorizing the Commissioner on Public Property to execute and deliver to the Philadelphia Authority for Industrial at 815 Spring Garden Street.

Council President Verna

Thank you. The Chair recognizes Councilman Clarke.

Councilman Clarke

Madam President, I move that the Rules of Council be suspended as to permit first reading -

Council President Verna

I'm sorry. I don't think the Chief Clerk finished reading the report. THE

Chief Clerk

Generally under and subject to the terms and conditions of the Philadelphia Industrial Commercial Development Agreement between the City and the Philadelphia Industrial Development Corporation; Respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.

Council President Verna

Thank you. The Chair again recognizes Councilman Clarke.

Councilman Clarke

Madam President, I move that the Rules of Council be suspended so as to permit first reading this day of Bill No. 040553, 040555, 040556, 040558, and 040570. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of the bills just read. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and those bills will be placed on our First Reading Calendar for today. The Chair recognizes Councilman DiCicco for a report from the Committee on Streets and Services.

Councilman Dicicco

Thank you, Madam President. The Committee on Streets and Services reports 13 bills out with a favorable

Council President Verna

Thank you. The Chief Clerk will please read the report. THE

Chief Clerk

To the President and Members of the Council of the City of Philadelphia, the Committee on Streets and Services to which was referred Bill No. 040370 entitled an ordinance amending the ordinance approved January 3, 1992, Bill No. 1205AA designates the locations in Center City by which vending is permitted; And Bill No. 040400 entitled an ordinance amending Section 9-204 of the Philadelphia Code relating to sidewalk vendors in Center City; And Bill No. 040514 entitled an ordinance amending Title 12 of The Philadelphia Code relating to excessive noise; And Bill No. 040552 entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 107 bounded by 46th Street and 47th Street; And Bill No. 040557 entitled an of lines and grades on a portion of City Plan No. 222 in the vicinity of Hunting Park Avenue and Kensington Avenue; And Bill No. 040560, an ordinance regulating the direction of movement of traffic on 20th Street from Belfield Avenue to Olney Avenue northbound; And Bill No. 040561 entitled an ordinance authorizing revision of lines and grades on a portion of an area City Plan No. 178 bounded by Olney Avenue, Belfield Avenue Ogontz Avenue, and Wister Street; And Bill No. 040562 entitled an ordinance authorizing the installation of all-way stop signs at the intersection of Front Street and Elfreths Alley; And Bill No. 040563 entitled an ordinance authorizing revision of lines and grades on a portion of City Plan No. 271 and 146 in the vicinity of Penn Street and Shackamaxon Street; And Bill No. 040568 entitled an ordinance granting permission to Nirlesh Desai the purpose of supplying telephone service to said newsstand; And Bill No. 040569 entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 205 in the vicinity of Fairhill Street and Annsbury Street; And Bill No. 040605 entitled an ordinance authorizing construction of sewers and appurtenant work on portions of St. Luke Street; And Bill No. 040606 entitled an ordinance authorizing the Water Commissioner on behalf of the City to enter into an agreement with the owners of the property and their successors of a private 10-feet-wide alley located south of Rowan Street; Respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.

Council President Verna

Thank you. The Chair recognizes Councilman DiCicco.

Councilman Dicicco

Madam President, I move that the Rules of Council be suspended so as to permit first reading this day of the 13 bills that have just been read into the record. (Duly seconded.)

Councilman Cohen

Madam President.

Council President Verna

The Chair recognizes Councilman Cohen.

Councilman Cohen

I move to sever and hope the Chair will accept it as a friendly amendment -

Council President Verna

I'm sorry, sir, I cannot hear you.

Councilman Cohen

I move and ask the Chair of the Committee to accept as a friendly amendment a motion to sever Bills 560 and 561 and consider them separately on this motion.

Council President Verna

And you have no objection to us considering the other 11 bills at one time, sir?

Councilman Cohen

That's right.

Council President Verna

Thank you. and seconded that the Rules of Council be suspended so as to permit first reading this day of the 13 bills just read with the exception of Bill Nos. 040560 and 040561. All in favor of the 11 bills being reported out of Committee will please indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion carries. Those bills will be placed on today's First Reading Calendar. We will now consider the suspension of the Rules concerning Bill Nos. 040560 and 040561. The Chair recognizes Councilman Cohen.

Councilman Cohen

Thank you, Madam President. Early this morning at 3 o'clock this room was filled about 16 protesters who rights as residents of the City to protect the two-way passageway of the 20 Street and Olney area, the one block that's involved in giving easy access to the residents of the local area as well as the residents of Mount Airy, Germantown, Chestnut Hill, Roxborough and suburban areas quick access to the expressway. These citizens were part of a group of almost 200 that were here from 4 o'clock on yesterday afternoon, and 65 of them, at least by my count, was in this room when the hearing began around midnight last night and lasted until 3 a.m. The reason the people feel so strongly is that for 40 years there's been an issue between them and an institution about the passageway of this one street. And that passageway covers from Olney Avenue south of Belfield or from Belfield north to Olney, whichever way you look at it. That area is directly in the heart of the 17th Ward, of which in addition of being a Councilman At-Large elected by very strong vote, much more than the 10 percent of a District a district is, one-tenth of the City -- that location is right in the center of the 17th Ward and against the wishes of the 17th Ward political organization and against the wishes of the 17th Ward community well known to the District Councilman in the area because of two meetings she ran last summer which she decided where the meeting should be held and everybody at the meeting spoke in the opposition except the Councilwoman and her staff members, but all the residents spoke in opposition to it. She nonetheless, following her election, immediately took action to request that the Streets Department that they turn 20th Street into a one-way street. Now, I object to this motion because I think people need time to think about this. And I think Council needs time to reflect on what it's about to do. I'm not going to talk about the merits of that change, but I am going to the talk the political invasion District Councilmember into the tearing of another colleague of City Council, myself who the Ward Leader and the people. Apparently there are differences of opinion as to the responsibility of District Councilmembers and their rights. I believe that people will think that when they elect the representative, that representative is going to support them, not become somebody to them seems to oppress them and take away their rights. In any event, I think it's totally improper and unseemly for this Council to remit itself to be used as a tool for the decision to be made in that political issue. And I think Council is entering on a very questionable course when it chooses the sides so that people are voting for one Councilmember against other Councilmember's rights in his own ward. Now, this is not the ward where the Councilwoman lives. She's coming from outside and believes that she has the right to make the decision overriding all the people in the ward and overriding the political leadership there. I think it's a very bad example. I set City Council on a very unpleasant and unfriendly course. Therefore, I move to separate these and urge the Council to go slow and, therefore, I support this motion to sever to give us an additional week to think about the matter. That's the reason for my activity on this motion today.

Council President Verna

Thank you. It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill Nos. 040560 and 040561. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed?

Councilman Cohen

No; a loud no.

Council President Verna

The record will indicate that all of the Councilmembers voted in the affirmative and Councilman Cohen voted in loud no. These bills will be placed on The Chair now recognizes Councilman O'Neill for a report from the Committee on Technology and Information Services.

Councilman O'Neill

First, if you'll excuse me. This is an inaugural report of the Committee on Technology and Information Services. I don't think but I'm certain it's the first time a report of a Committee has been given by a Chair who is a Republican. I've been here 25 years, and I know my Democratic colleagues you get a Committee even if it's not the one they want when they get elected. It's been 25 years waiting, so it's very special to me and I want to thank you and the Majority Leader and my colleagues for the privilege. I promise not to abuse it because I know there won't be many bills in this Committee and it was a very short meeting. But the Committee on Technology and Information Services reports one bill with a favorable recommendation.

Council President Verna

Thank you. The Chief Clerk will please read the

Chief Clerk

To the President and Members of the Council of the City of Philadelphia, the Committee on Technology and Information Services to which was referred Bill No. 040615 entitled an ordinance authorizing the a Chief Information Officer of the Mayor's Office of Information Services on behalf of the City to enter into a multi-year contract with one or more providers of an online legal research service to be used by various City and City-funded agencies, all under certain terms and conditions; respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.

Council President Verna

Thank you. The Chair again recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, I move that the Rules of Council be suspended to permit first reading this day of Bill No. 040615. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill No. 040615.

Councilman Cohen

Madam President.

Council President Verna

Yes, sir.

Councilman Cohen

Point of order. I'm asking for the floor on this motion.

Council President Verna

I'm sorry. Your light was not on, sir.

Councilman Cohen

Well, I pressed it on.

Council President Verna

It's not on my screen, however, I am recognizing you. Councilman Cohen.

Councilman Cohen

Thank you. I'm voting no on this motion because here again I think this Democratic Council is doing the wrong thing by permitting a Republican a leadership responsibility. There are 14 Democrats on the Council and only 3 Republicans. And I think it's shameful that the Democrats are once again resorting to support of a Republican and thereby understanding of everyone in the City that this is a Democratic City. I think the Democratic members of this Committee, the 14 of them ought to support Democrats for leadership positions because we owe it to the voters to have a democratic vote on these issues and not to the permit the Republicans to control our policy and, therefore, I think it is wrong to have a Committee headed by a Republican. It's never happened before. And unlike Councilman O'Neill, I cannot say I think it's an advance. It may be for him. This is no way meant to criticize any action that he himself has taken, but I think it's very poor public action for a Democratic body, overwhelming Democratic in the City of Philadelphia where my ward voted 97.3 in favor of the Democratic candidate for Mayor to have represented in this important technology field or in any field in the position of the leadership to have a Republican instead a Democrat. I think again we're on the wrong road.

Council President Verna

Thank you, Councilman O'Neill.

Councilman O'Neill

Madam President, I would like to thank Councilman Cohen publicly for that vote of confidence.

Council President Verna

It has been moved and properly seconded that the Rules of Council be suspended so as permit first readings this day of Bill No. 040615. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed?

Councilman Cohen

No; a loud no.

Council President Verna

The ayes have it, and the bill just read will be placed on today's First Reading Calendar. The record will reflect that all Members voted in the affirmative with the exception of Councilman Cohen. Council will now proceed under a special order of business to the No. -- if I don't have any objection, can I just all of the bill numbers that were vetoed and then we can address each of them individually? (No.)

Council President Verna

Okay. Council will proceed special order business to the reconsideration of Bill No. 040009. This bill was passed by Council at its May 31, 2004 Session and was returned disapproved by the Mayor to today's Session of Council. At this time the Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. Madam President, I move that Council reconsider Bill 040009 which was approved by Council on May 31, 2004.

Council President Verna

Do I hear a second? (Duly seconded.)

Council President Verna

All in favor, let it be known by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The motion carries. Council will now reconsider the vote by which Bill No. 040009 was passed. The Chief Clerk will please call the roll. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

No. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

No. THE

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye. THE

Chief Clerk

Councilman Mariano.

Councilman Mariano

No. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

No. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye. THE

Chief Clerk

Councilman Ramos.

Councilman Ramos

No. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Reynolds Brown

No. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. THE

Chief Clerk

The nays are 7, the ayes are 10. The override passes.

Council President Verna

Two-thirds of the members having voted in the negative, the Mayor's vote is sustained.

Councilman Nutter

Madam President.

Council President Verna

Yes, sir.

Councilman Nutter

I just wanted to check the statement that you had made. Wouldn't that be a one-third or more majority having voted in the negative?

Council President Verna

I did indicate that two-thirds majority of all Members of Council having voted in the negative. Having not voted in the affirmative. I stand corrected. Council will now proceed under special order of business to the reconsideration of Bill No. 040010. This bill the Council at its May 31, 2004 Session and was returned disapproved by the Mayor to today's Council session. The Chair at this time recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. Madam President, I move that Council reconsider Bill 040010 which was approved by Council on May 31, 2004. (Duly seconded.)

Council President Verna

It has been moved and seconded. All in favor, let it be known by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The motion carries. Council will now reconsider the vote by which Bill No. 040010 was passed. The Chief Clerk will please read the title of the bill.

Chief Clerk

An ordinance amending Section 19-2604 of The Philadelphia Code relating to tax rates, credits, and alternate tax computation for the business privilege tax reducing tax rates, all under certain terms and conditions.

Councilman Cohen

Point of information, Madam President.

Council President Verna

Yes, sir.

Councilman Cohen

Madam President, I would ask that you explain the aye and the nay on this. An aye is what and a nay is what?

Council President Verna

Okay. Please note that a vote of aye is a vote to override the Mayor's veto, and a vote of no is to sustain the Mayor's veto.

Councilman Cohen

Thank you.

Council President Verna

You're welcome. I would ask the Chief Clerk to please call the roll. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

No. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

No. THE

Chief Clerk

Councilman Kelly.