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Minutes

Committee Hearing, May 19, 2005

Philadelphia City Council Committee HearingsMay 19, 2005

- - - COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING - COMMITTEE ON LAW AND GOVERNMENT - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, May 19, 2005, 10:48 a.m. - - - RES. 050428 - Resolution proposing an amendment to the Philadelphia Home Ruler Charter relating to City leases, contracts, concessions and the provision of financial assistance, and providing for the submission of the amendment to the electors of Philadelphia. PRESENT: COUNCILMAN DAVID COHEN, Chair COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILMAN RICHARD T. MARIANO COUNCILMAN MICHAEL A. NUTTER COUNCILMAN FRANK RIZZO - - - V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2 Law & Government - 5/19/05 - - - P R O C E E D I N G S - - -

Councilman Cohen

This session is for the purpose of conducting a hearing and possible meeting on a matter that's already been before the committee. And I will ask Councilman Nutter to introduce the subject. There will be no 11 testimony needed.

Councilman Nutter

Thank you, Mr. Chair. Thank you, Mr. Chairman. You are correct. The resolution 15 that I introduced in City Council last week, Resolution Number 050428, is a virtually identical copy of a previous resolution which is a Charter change provision, related to the issue of contract reform. That resolution had been voted on a few weeks back. And the vote in that matter was 11 to 5. Charter resolutions need at least 12 votes. After discussions with Council members on a variety of matters, including 3 Law & Government - 5/19/05 this resolution, it needed to be reintroduced in order for Council to take action on it, to give us the authority, upon the approval of the voters, hopefully in November, to legislate in the area of campaign -- in the area of contract reform, as well as other matters. I would only note for the record, Mr. Chairman, one technical change that was made in Section 8-200 in contracts. Upon the advice of the Law Department and continued discussions with our own legal staff, provisions were added to ensure that our legislative authority does extend to what are often known as city-related agencies. And that terminology makes it crystal clear that Council would have the legislative authority to include those agencies in any contract reform measures that we put forward. With the Chairman's permission, I would ask that the transcripts of the hearings that took place previously on Bill 4 Law & Government - 5/19/05 040... I'll come back to you with the resolution number. There were hearings on the previous resolution on November 10, 2004; November 16, 2004; November 30, 2004; December 14, 2004; February 28, 2005; and March 1, 2005. I would ask, with the Chairman's permission, that the notes of testimony from those hearings, which were on the same subject matter, be incorporated into this transcript and would then serve as the testimony and the record for this particular Resolution Number 050428.

Councilman Mariano

Second.

Councilman Cohen

Without objection, the motion will be granted.

Councilman Nutter

Mr. Chairman, with the action that you've just approved, I have no more comments or statements, with regard to Resolution 050428, and would ask if there's no other business in the public hearing, that we move to the public meeting in order to report this resolution out.

Councilman Cohen

Agreeable. 5 Law & Government - 5/19/05 (Public hearing recessed at 10:50 a.m.) 6 Law & Government - 5/19/05 - - - COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING - COMMITTEE ON LAW AND GOVERNMENT - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, May 19, 2005, 10:48 a.m. - - - RES. 050428 - Resolution proposing an amendment to the Philadelphia Home Ruler Charter relating to City leases, contracts, concessions and the provision of financial assistance, and providing for the submission of the amendment to the electors of Philadelphia. PRESENT: COUNCILMAN DAVID COHEN, Chair COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILMAN RICHARD T. MARIANO COUNCILMAN MICHAEL A. NUTTER COUNCILMAN FRANK RIZZO - - - V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 7 Law & Government - 5/19/05 - - - P R O C E E D I N G S - - - The public hearing is now in recess and the Law and Government Committee will have a public meeting on the matter referred to by Councilman Nutter.

Councilman Nutter

Mr. Chairman, if it's in order, I would make a motion with regard to the resolution.

Councilman Cohen

Go ahead.

Councilman Nutter

Thank you, Mr. Chairman. Mr. Chairman, I move that Resolution 16 Number 050428 be reported out of this committee with a favorable recommendation.

Councilman Mariano

Second.

Councilman Cohen

Any discussion? (No response.)

Councilman Cohen

If not, all in favor please say aye. (Chorus of "ayes.")

Councilman Cohen

Any opposed? (No response.) 8 Law & Government - 5/19/05

Councilman Cohen

The ayes have it, and so ordered.

Councilman Nutter

Thank you, Mr. Chairman.

Councilman Cohen

That completes the minutes of the committee. We're now in recess. (Public meeting concluded at 10:52 a.m.) 9 CERTIFICATE I HEREBY CERTIFY that the proceedings and evidence are contained fully and accurately in the stenographic notes taken by me upon the public hearing and meeting of The Philadelphia City Council, taken on May 19, 2005, and that this is a true and correct transcript of same. _____________________________ DAVID A. DEIK, RPR and Commissioner of Deeds (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)