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Minutes

Stated Meeting, July 1, 2004

Philadelphia City CouncilJul 1, 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

Councilman Nutter

I understand that. Where's the two-thirds -- If you could tell me what section we're trying to suspend? Where's the two-thirds provision?

Councilwoman Blackwell

That is in -- That is in... Special Meeting - 7/1/04

Council President Verna

In paragraph two...

Councilwoman Blackwell

Absolutely, a resolution -

Council President Verna

...of our rules, that it requires...

Councilman Nutter

I'm sorry. What page?

Councilwoman Blackwell

This .

Council President Verna

The front page...

Councilman Nutter

Gotcha.

Council President Verna

...number 2.

Councilwoman Blackwell

You see the last line, Councilman?

Councilman Nutter

I got it.

Councilwoman Blackwell

It says two-thirds of all members agree?

Councilman Nutter

Right.

Councilwoman Blackwell

So if we ask for a majority, then we can...

Councilman Nutter

I understand Special Meeting - 7/1/04 that. So the very simple issue I'm raising is, the rules say two-thirds.

Councilwoman Blackwell

Right.

Councilman Nutter

And I understand that we're trying to suspend the rules. But then the part of the motion is is to change this two-thirds requirement to a majority.

Councilwoman Blackwell

Right.

Councilman Nutter

And the issue I'm raising is, does that, then, in fact, make it now an amendment to our rules because you're proposing to change a particular provision?

Councilwoman Blackwell

I don't believe we're amending the rules. We're only suspending them for this session.

Councilman Nutter

Okay.

Councilwoman Blackwell

I don't think we are amending them.

Councilman Nutter

I understand what you're saying. We don't have to -

Councilwoman Blackwell

I mean, if Special Meeting - 7/1/04 you would like to change the language somehow, I'm happy to entertain that, if you think it would make it clearer or it would expedite in some other way, I'm happy to entertain any language that you think would be helpful.

Councilman Nutter

No. Given the length and the bizarreness of the session, I'll go along with it.

Council President Verna

The Chair recognizes Councilman Mariano.

Councilman Mariano

Thank you. Maybe Mr. McPherson can explain to us what we're trying to do here.

Council President Verna

I beg your pardon?

Councilman Mariano

I think Mr. McPherson can explain this, because I talked to him before Council, and asked his counsel. And he explained to me, and maybe he can enlighten Councilman Nutter.

Council President Verna

I think Rick Auerbach -- Rick Auerbach is our attorney. I think Rick Auerbach should. Special Meeting - 7/1/04

Mr. Auerbach

The rules of Council require a two-thirds vote to add additional matters to -

Council President Verna

Can't hear you.

Mr. Auerbach

Under the rules of Council, when a special session has been scheduled limited to particular subjects, a two-thirds vote is required to add additional subjects to the meeting. The motion, as I understand it, is to simply suspend the rules to do away for this meeting with the two-thirds requirement, in order to add the item which would be consideration of introduction of bills and resolutions. If the motion were to pass, a second motion would be required to move to permit introduction of bills and resolutions at this time which would only require a majority vote, if the rules were suspended. At that point, introduction of bills and resolutions would be permitted.

Councilman Mariano

Mr. McPherson, Special Meeting - 7/1/04 let's make -- I mean, Mr. Auerbach, make it simple for me.

Councilman Mariano

How many yes votes do we need to suspend the rules, 9 or 12.

Council President Verna

12.

Councilman Mariano

Because it was told to me it's 9.

Mr. Auerbach

You only need a majority of Council to suspend any rule of Council. Nine votes is sufficient.

Councilman Mariano

So if 9... I'm stupid. Okay?

Mr. Auerbach

Nine votes.

Councilman Mariano

Vote to suspend the rules. Then we vote for what the Council -

Council President Verna

He's just said that.

Mr. Auerbach

That is correct.

Councilman Mariano

-- majority leader...

Mr. Auerbach

This is one motion -Special Meeting - 7/1/04

Councilman Mariano

So we need 9 on this one.

Mr. Auerbach

You need 9 on this one.

Councilman Mariano

Then 9 on that if it passes.

Mr. Auerbach

Then 9 on the next motion.

Councilman Mariano

On this one if it passes.

Mr. Auerbach

And then there would be introduction if that motion were to pass. Thank you.

Councilman Mariano

Thank you.

Councilwoman Blackwell

I think, Councilman, he made it clearer. To Councilman Nutter's issue of two resolutions, the Councilman was correct. Thank you.

Council President Verna

Thank you. Several lights are on. Is it on this issue? The Chair recognizes Councilman Special Meeting - 7/1/04 DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. As Councilwoman Blackwell pointed out, there are three matters which may be taken up, if these rules are suspended. I assume that one of them is my resolution. I'd be more than willing to hold this if the sponsor of the other resolution or resolutions was willing to do that as well, so we do not have to deal with the issue of changing the rules and suspension of the rules, and et cetera.

Council President Verna

Councilman Cohen.

Councilman Cohen

Madam President, I think it's very bad practice to convert -- except in extreme emergency situations, to convert a special meeting into a general overall meeting. I also had things in mind that I would like to have Council take action. But our session really ended two weeks ago and we're still in session only because of Special Meeting - 7/1/04 unfinished business. I think we ought to limit ourselves to that unfinished business, instead of converting a special meeting into a general meeting. Otherwise, the special meeting will lose all significance. So I plan on voting no on this proposal, in the absence of showing an emergency condition which requires action, in which case, of course, Council is like a judge. We're always ready to act if there's emergency. Short of that, I think we ought to maintain special meetings as special meetings and reserve regular resolutions and other actions for regular meetings. Thank you, Madam President.

Council President Verna

You're welcome. Okay.

Councilman Cohen

I don't know what resolutions we're talking about, but if there are other sponsors that are here, perhaps they'll join Councilman DiCicco so that we can finish today's work today. Special Meeting - 7/1/04

Council President Verna

I believe the resolutions were circulated yesterday, councilman. Okay. Councilwoman Blackwell.

Councilwoman Blackwell

Madam President, I think the other question is, since the main sponsor of the resolution I hold is willing to hold it, and Councilman DiCicco is as well, there are other Councilmen who have issues on the table. Councilman O'Neill, for example. And I don't know -- I think -- I don't know if my colleague is willing to hold his legislation or not.

Council President Verna

Which colleague?

Councilwoman Blackwell

Councilman O'Neill.

Councilman O'Neill

Madam President, I'm not affected -- My issue on the Army-Navy bill is not affected by this. I will be using the two-thirds consideration, similar to...

Council President Verna

I'm sorry. You can't be heard. Special Meeting - 7/1/04

Councilman O'Neill

I will be using the rule with two-thirds to call up the Army-Navy bill. That's not affected by it.

Council President Verna

And I think the issue that you're referring to is certainly one of importance because there's a question of timing for the signing of the contract for the Army-Navy game here in Philadelphia; is it not?

Councilman O'Neill

Yes.

Council President Verna

Okay.

Councilwoman Blackwell

Madam President, since the sponsor the, main sponsor of the resolution that I was setting forward is willing to hold it, then I will then -- And since my colleague, Councilman DiCicco was willing to hold his, I will withdraw my motion.

Council President Verna

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

Councilman O'Neill

Madam President, first on behalf of the Special Meeting - 7/1/04 Philadelphia Convention and Visitors Bureau, I'd like to thank Councilman Goode for listing this bill and having a hearing, the bill that I'm about to call up, before the Commerce Committee. Because he did that, even though there was no chance, unless we had a special session, to be able to pass it. And it's a critical issue that had kind of fallen through the cracks during the budget deliberations. It involves authorizing the agreement, the long-term agreement, for the Army-Navy game to stay in Philadelphia. So I would move that Bill Number 040598 be called up on the second reading and final passage calendar at this time.

Council President Verna

Okay. It has been moved and seconded. I would ask the Chief Clerk to please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. Special Meeting - 7/1/04

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Reed-Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos. Special Meeting - 7/1/04

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds-Brown.

Councilwoman Reynolds-Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye.

Chief Clerk

The ayes are 16. The nays are zero.

Council President Verna

The Chair again recognizes Councilman O'Neill.

Councilman O'Neill

The bill has to be read, I believe.

Council President Verna

I'm sorry. The bill hasn't been read.

Chief Clerk

Bill Number 040598, an ordinance authorizing the Director of Commerce on behalf of the City of Philadelphia to enter into agreements with the Philadelphia Authority for Industrial Special Meeting - 7/1/04 Development and the Philadelphia Convention and Visitors Bureau, both for purposes of hosting the Army-Navy intercollegiate football game in certain years, under certain terms and conditions.

Council President Verna

This bill having been read on two different days, the question now is, shall the bill pass finally. The clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

(No response.)

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye. Special Meeting - 7/1/04

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Reed-Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds-Brown.

Councilwoman Reynolds-Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna. Special Meeting - 7/1/04

Council President Verna

Aye. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I'd like to be recorded as voting aye for the bill that was just considered while I stepped out of the room.

Council President Verna

Thank you. A majority of all Council members having voted in the affirmative, the bill passes. Councilman Mariano, your light is on.

Councilman Mariano

Madam President, I may be out of order, and you can tell me. I had a soldier here from Iraq. And I wanted to introduce him, but I don't know if he left because he might have got a little nervous. (Laughter.)

Councilman Mariano

But I'd like to say his name anyhow at the proper time.

Council President Verna

Please do.

Councilman Mariano

Is he here? Special Meeting - 7/1/04 This is Captain Jerome Checkner (phonetic). (Aforementioned person stood up.) (Applause.)

Councilman Mariano

Thank you. The captain's very special. He just came back from a six-month tour of downtown Baghdad. He was headquartered in Saddam's palace. He's an intelligence officer in Task Force CJTF7. It's a combined task force. He worked directly for General Sanchez and Ambassador Bremer, and he's a Philadelphia Police Detective also.

Council President Verna

Whoa. Welcome. (Applause.)

Councilman Mariano

Madam President, can I make a motion? Maybe Councilman Cohen would like this. Can I make a motion and make him a General? Council, can I get a second?

Council President Verna

We welcome you.

Councilman Mariano

Is it proper Special Meeting - 7/1/04 here?

Councilman Cohen

I second it.

Council President Verna

Councilman Cohen seconded your motion.

Councilman Mariano

Thank you, Councilman.

Council President Verna

The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. Hopefully, based on Councilman Mariano's introduction of the Captain, hopefully he's not in undercover services over in Iraq. And I'm sure he'll have some great stories to tell, if he returns. Madam President, given the discussion earlier about members agreeing not to introduce measures -- And obviously we needed to take the action with regard to Councilman O'Neill and the Army-Navy game, I was also one who had asked for consideration for introduction of a bill or resolution. In accordance with my colleagues, Special Meeting - 7/1/04 and not to test their overwhelming patience with me, I will hold the particular bill that I was going to introduce which is the business privilege tax bill that was vetoed and we were not successful in overriding, in order to re-emphasize the important nature of this particular issue. It is not a matter that would cause for interruption of a special session. And I'll bring it back in September. Thank you, Madam President.

Council President Verna

You're welcome. Anyone else want to be recognized at this time? (No response.)

Council President Verna

I would just like to make a very brief statement. I truly want to thank all of my colleagues. I know that the last three and a half, four months have been extremely, extremely troubling to many of us. And we did put in 11 hours a day of public hearings many days during our Special Meeting - 7/1/04 process of public hearings. And I want to thank you all for your cooperation. And I know with the issues that we considered today, many of us had very strong feelings one way or the other. And I really want to thank you for respecting each other's opinion. I think that's extremely important. We can always agree to disagree. But I think we should always remember that we are supposed to do it in a dignified way, a dignified way. If there are no speeches on the part of the members at this time, it will conclude our business. And I would recognize Councilwoman Tasco for a motion to adjourn.

Councilwoman Tasco

Thank you, Madam President. I gladly adjourn this session until Thursday, September the 9th, at 10:00 a.m. UNIDENTIFIED COUNCIL MEMBER: Second.

Council President Verna

It has Special Meeting - 7/1/04 been moved and seconded that Council stand adjourned until Thursday, September 9, 2004, at 10:00 a.m. All in favor will say aye. (Chorus of "ayes.")

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The motion carries. Thank you. (Meeting concluded at 12:10 p.m.) CERTIFICATE I HEREBY CERTIFY that the proceedings and evidence are contained fully and accurately in the stenographic notes taken by me upon the special meeting of The Philadelphia City Council, taken on July 1, 2004, 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.)