Stated Meeting, April 25, 2003

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Friday, April 25, 2003 10:35 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DI CICCO COUNCILMAN W. WILSON GOODE, JR. 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 ANGEL L. ORTIZ 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

Good morning. I note that the hour has come and that quorum of this Council is present. The Council will please come to order. Members will take their seats. To give our invocation this morning, the Chair welcomes the Reverend Joseph E. Kelly, Pastor of St. Monica's Roman Catholic Church. He is here today as the guest of Councilman Rizzo. Members and guests will please rise.

Eternal Father, we gather this morning in our City of Philadelphia, a City that we love and a City that we have dedicated ourselves to serving. We recognize the efforts of those who have gone before us, most recently, Councilman Longstreth. We thank God for the good work of those here today, and we pray for our future City leaders. It is fitting that we gather to pray, for we continue the great tradition of our founding father's who met here in this City and declared it is the indispensable duty of all nations, not only to offer up their supplications to almighty God, the giver of all good, for his gracious assistance in time of distress, but also in a solemn and public manner, to give him praise for his goodness in general. Today and every day, we ask that same devine assistance that our City may grow and thrive, that it may be a model for all other cities in this great nation, that it may be that City set on a hill to which all others are drawn. Finally, dear Father, we pray that by our love for and acceptance of one another, we may truly be known as a City you have blessed. A City of brotherly love. Amen.

The Chair thanks Father Kelly for his very inspiring invocation. Council will be at ease. (Council at ease.)

The next order of business is the approval of the Journal of the meeting of Thursday, April 10, 2003. And the Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move that the Journal of the meeting of Thursday, April 10, 2003, stand approved. (Duly seconded.)

It has been moved 042503 - STATED - LEAVES OF ABSENCE and properly seconded that the Journal the meeting Thursday, April 10, 2003, stand approved. All in favor will signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the motion carries. The next order of business is request for leaves of absence and the Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. There are no 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 leaves of absence.

The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and Chambers this morning. On behalf of all members of City Council, I welcome you to our Council Session today. 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. The next order of business is communications. The Chair recognizes the Sergeant-at-Arms for the purpose of delivering the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor. THE

To the President and Members of the Council of the City of Philadelphia, I am pleased to advise you that on April 24th, I signed all the bills that were passed at its Council Session on April the 3rd except 030014, 030073, 030015. And I am pleased advise you that on April the 24th, I signed all the bills that passed Council at its Session on April the 10th except 030123, 030138. And I am herewith returning to you unsigned the following bills that were passed by on April the 3rd: Bill 030014 and Bill No. 030015. And I am returning to you unsigned the following bills that were passed at Council Session on April the 10th: Bill No. 030123 and Bill No. 030138. And I am returning herewith as disapproved Bill No. 030014 passed the Council Session on April 3, 2003. And I am transmitting herewith for the consideration of your Honorable Body the following: An ordinance approving the Fiscal Year 2003 Capital Budget, providing for the expenditures for the capital purposes of the Philadelphia Gas Works. And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to enter into a sublease agreement to lease from the Philadelphia Municipal Authority portions of a building located at 1515 Market Street. And an ordinance amending Chapter 14-2100 of the Philadelphia Code, entitled "Land Subdivision." And an ordinance providing for the credit of certain taxes within specified geographic areas. And an ordinance removing the properties known generally as the Brewerytown Development from Philadelphia Keystone Opportunity Zone subject to the request and concept of the owners of said properties, under certain terms and conditions.

Thank you. The messages will be printed in the Journal. The Chief Clerk will read any other communications in her possession. THE

That's all I have Madam President.

Thank you. The Chair recognizes Councilwoman Miller.

Thank you, Madam President. I am pleased this morning to welcome to City Council some visitors from the Philadelphia Christian Academy, and it's their 5th and 6th grade class. They are accompanied by Rev. Small. Will you please stand. Thank you. (Applause.)

Rev. Small, AND RESOLUTIONS welcome. The next order business -

Point of order.

Yes, sir. The Chair recognizes Councilman Cohen.

With respect to the messages from the Mayor, could I be informed as to what the Mayor has done, if anything, with respect to the bill passed unanimously by the City Council with respect to the 20 percent senior citizen discount? My memory is that today he had to act on it, veto it, pass it, or -

The Chief Clerk tells me that it became law without his signature. Both bills became law without his signature.

Thank you, Madam President.

You're welcome, sir. Councilwoman Blackwell, do you have any bills or resolutions to be introduced today?

Madam President, I think we should rule on the suspension. AND RESOLUTIONS Madam President, I move that Rules of Council be suspended so as permit immediate consideration of resolutions at their time of introduction.

Do I hear a second? (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 of the motion will signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it. The motion carries. And again, the Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. This morning I have two bills and one resolution on your behalf and two resolutions on my behalf.

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

An ordinance providing for the contingent exemption, abatement, or credit of certain taxes within a specified geographic area, including by amending Bill No. 970788A, approved December 30, 1998, relating to the boundaries of the Keystone Opportunity Zone.

The bill will be referred to the appropriate committee. THE

And an ordinance amending Chapter 14-2100 of the Philadelphia Code, entitled "Land Subdivision," by deleting certain provisions by adding certain new provisions and by amending certain existing provisions, under certain terms and conditions.

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

A resolution authorizing the Commissioner of Public Property to execute and deliver to the City of Philadelphia deeds located in the 36th Ward of the City of Philadelphia. AND RESOLUTIONS

The Chair recognizes Councilwoman Blackwell.

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 signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the motion carries. The Clerk will please read the title of the next resolution. THE

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelop Authority deeds located in the 6th, 24th, and 51st Wards of the City of Philadelphia.

The Chair recognizes Councilwoman Blackwell. AND RESOLUTIONS

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 signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the motion carries. The Clerk will please read the final resolution. THE

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 27th Ward of the City of Philadelphia.

The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move for the adoption of the AND RESOLUTIONS 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 Councilman Cohen.

Madam President, I have no bills or resolutions.

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

Madam President, I have one bill.

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

An ordinance enacting AND RESOLUTIONS a new Section 10-1611 of Chapter 10-1600 of the Philadelphia Code, entitled "Distinction of Proceedings," to provide for the discontinuance of proceedings before the Bureau of Administrative Adjudication, under certain terms and conditions.

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

Madam President, I have four resolutions.

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

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 18th, 19th, 37th and 43rd Wards of the City of Philadelphia.

The Chair recognizes Councilman Mariano.

Move for the adoption of the resolution. (Duly seconded.)

It has been moved and properly seconded that the resolution be AND RESOLUTIONS 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 Clerk will please read the title of the next resolution. THE

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 7th and 19th Wards of the City of Philadelphia.

The Chair recognizes Councilman Mariano.

Move for the adoption. (Duly seconded.)

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

Those opposed? (No response.)

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

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelop Authority deeds located in the 19th Ward of the City of Philadelphia.

The Chair recognizes Councilman Mariano.

Move for the adoption of this 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 AND RESOLUTIONS it, and the resolution has been adopted. The Clerk will please read the last resolution. THE

A resolution honoring Luisto Figarino (ph) representing Philadelphia the Star Search finals.

The Chair recognizes Councilman Mariano.

I want to say this bill was cosponsored by Councilman Ortiz, and I move for the adoption of this 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 offer one bill and one resolution. AND RESOLUTIONS

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

An ordinance approving Fiscal Year 2003 Capital Budget, providing for expenditures for the capital purposes of the Philadelphia Gas Works, including the supplying of funds to be obtained in connection therewith and for acknowledging receipt of the forecast of Capital Budgets for Fiscal Years 2004 through 2008.

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

A resolution honoring the Power Team.

The Chair recognizes Councilwoman Tasco.

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. AND RESOLUTIONS (Aye.)

Those opposed? (No response.)

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

Thank you, Madam President. I offer two resolutions.

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

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 13th, 17th, and 22nd Wards of the City of Philadelphia.

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 AND RESOLUTIONS 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 Clerk will please read the title of the second resolution. THE

A resolution naming the 1400 block of West McFerran Street as T.R. Washington Way in honor of Dr. T.R. Washington.

The Chair recognizes Councilwoman Miller.

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

We're not actually changing the name of the street, we're adding.

We're adding, right.

All those in favor will indicate by saying aye. (Aye.) AND RESOLUTIONS

Those opposed? (No response.)

The ayes have it and the resolution has been adopted.

The Chair recognizes Councilman Nutter.

Thank you, Madam President. I offer one bill.

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

An ordinance amending Title 10 of the Philadelphia Code relating to regulation of individual conduct and activity by amending Section 10-610 entitled, "Skateboarding on Public Property" and Section 10-1608 entitled, "Hearings."

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

I have no bills or resolutions today, Madam President.

Thank you. The Chair recognizes Councilwoman Brown.

Thank you, Madam AND RESOLUTIONS President. I offer one resolution this morning.

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

A resolution proclaiming the Bob as the official dance of Philadelphia.

I don't know what the Bop is, but we'll soon find out. The Chair recognizes Councilwoman Brown.

I move for the adoption. (Duly seconded.)

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

Those opposed? (No response.)

The ayes have it and the resolution has been adopted. The Chair recognizes Councilman Goode. AND RESOLUTIONS

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

Thank you. The Chair recognizes Councilman Ortiz.

Thank you, Madam President. No bills or resolutions.

The Chair recognizes Councilman DiCicco.

Thank you, Madam President. I offer three bills and three resolutions.

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

An ordinance naming and designating the south word Branch of the Free Library of Philadelphia, located at 932 South Seventh Street as the Chile Santora Branch of the Free Library of Philadelphia.

The bill will be referred to the appropriate committee. THE

And an ordinance authorizing Gold, Incorporated, to construct, own, and maintain a one-story building addition on the east footway of 12th Street adjacent to the property AND RESOLUTIONS 1648-52 East Passyunk Avenue.

This bill will be referred to the appropriate committee. THE

And an ordinance to amend the Philadelphia Maps by changing the zoning designations of certain areas of land located within an area bounded by Sixth Street, Randolph Street, Fitzwater Street, and East Passyunk Avenue.

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

A resolution finding that the nomination by Governor Edward Rendell on April 22, 2003, of a holdover Pennsylvania Insurance Commissioner who has not aggressively pursued the public interest in the failure to establish a new state public advocate for insurance to advocate for insurance policyholders will continue the longstanding problems of excessively high insurance rates and anti-consumer practices of insurance companies, and urging Governor Rendell and the General Assembly not to a re-appoint the current holdover Commissioner and to establish a new public AND RESOLUTIONS advocate for insurance.

The Chair recognizes Councilman DiCicco.

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

Councilman Nutter did you want to speak on this? Your light is on.

No, Madam President. I wanted to say something on the Bop resolution, but since that didn't occur, I have nothing about the insurance issue. Thank you.

It has been moved and seconded that the resolution be adopted -Councilman Cohen, your light is not on please.

It is now, Madam President.

Well, it's not showing up on the screen, but please proceed.

You know, so many of us had such high hopes when Governor Rendell became Governor. We thought Philadelphia's interests were AND RESOLUTIONS being protected. That was the campaign issue, that he protect not only Philadelphia's interests, but everybody's interest. We've held extensive hearings on the problems of auto insurance. It's clear that one of the problems is the State Insurance Commissioner who, I believe, has already served under two governors during the time when the problems became acute. And in the midst of criticism by an outstanding Council Committee that was holding hearings, the Governor suddenly reappointed the Commissioner who is at the heart of the insurance regulation problem in Pennsylvania. She's known to act at the behest of the insurance companies. The Commissioner sees herself as the representative of the consumer, but she has ears only for the insurance industry and not from the consumers. She apparently doesn't even read the papers to learn about the heavy amount of discontent that exists that the extremely high rates that Philadelphians and others in the state are subjected to by the greed of the insurance companies. And right in the middle of the hearings, as we're having testimony on the terrible actions taken by the Insurance AND RESOLUTIONS Commissioner, came word of the announcement that the Governor had secretly, without indicating any intention to do so previously, reappointed the same Commissioner for a new term. I think it regrettable. I think it looks very bad for the future of the driver of cars and owner of cars in Philadelphia area and other areas that feel that they're being heavily over taxed by the insurance companies. And I certainly hope that this is no indication of the way the Governor intends to act on behalf of Philadelphians in the future. It's regrettable that it took place this early in his Administration, but it's a warning notice to all of us that, remember, if you're part of the public, you've got to hold the feet of us elected officials to the fire, not just during campaign times, but you have to be especially watchful of them after they get elected because speeches during campaign times may not result in the action everyone expects to have follow the election. We're very disappointed in Governor Rendell. He was very effective in his efforts to speak yesterday and even to sing at the memorial for Councilman Longstreth, but it was a terrible thing AND RESOLUTIONS to learn that he had so much betrayed the interest of the public that is so dependent on driving cars and having insurance rates that are affordable. Thank you, Madam President.

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

Those opposed? (No response.)

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

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in 31st and 39th Wards of the City of Philadelphia.

The Chair recognizes Councilman DiCicco.

Move for the AND RESOLUTIONS adoption of the resolution, Madam President. (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 Clerk will please read the third resolution. THE

A resolution authorizing the Commissioner Public Property to execute and deliver to the Redevelopment Authority deeds located in the 31st Ward of the City of Philadelphia.

Chair recognizes Councilman DiCicco.

Move for the adoption of the resolution. (Duly seconded.)

It has been AND RESOLUTIONS 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 Councilman O'Neill.

Madam President, I offer three bills and one resolution on behalf of the President and all members of Council for which I will ask for a standing vote.

Thank you.

At this time I would like to publically thank you on behalf of all of Philadelphia for putting together a perfect memorial service for our late colleague Thacher.

Well, he certainly deserved it. Thank you very much. The Clerk will please read the title of the first bill. THE

An ordinance AND RESOLUTIONS authorizing and directing the revision of lines and grades on a portion of City Plan No. 253 of the area lying generally northerly from the intersection of Unruh Avenue and Oakley Street.

The bill will be referred to the appropriate committee. THE

And an ordinance amending Section 9-205 of the Philadelphia Code, entitled "Sidewalk Sales," by revising and expanding an existing area in which sidewalk sales are prohibited and so to prohibit sidewalk sales on both sides of Comly Road.

This bill will be referred to the appropriate committee. THE

And an ordinance amending Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization," by adding a new Section 19-1801 providing for a cap on tax increases, 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 mourning AND RESOLUTIONS the death and honoring the memory of W. Thacher Longstreth.

The Chair recognizes Councilman O'Neill.

Madam President, I move for the adoption.

By a standing vote?

And a Quaker moment of silence. (Unanimous standing vote.)

The resolution has been adopted. The Chair recognizes Councilman Clarke.

Thank you, Madam President. I have three bills, but I do need to request a business matter with respect to a resolution. At the last Session, I introduced Resolution No. 030234 which provides for Council's agreement to participate in Progress Plaza Tax Increment Finance District, but at that vote, we did not vote on the resolution at our last Session. The resolution must be adopted before a hearing may be held on the proposed ordinance to create the AND RESOLUTIONS district. So, therefore, I move that Resolution 030234 be placed on the Final Passage Calendar for today's meeting. (Duly seconded.)

It has been moved and properly seconded that the Resolution No. 030234 be put on the Final Passage Calendar for today's meeting. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the motion carries. Resolution No. 030234 will be placed on today's Final Passage Calendar. The Clerk will please read the title of the first bill. THE

An ordinance removing the properties known generally as the Brewerytown Development from the Philadelphia Keystone Opportunity Zone.

The bill will be referred to the appropriate committee. AND RESOLUTIONS THE

And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to enter into a sublease agreement to lease from the Philadelphia Municipal Authority portion of a building located at 1515 Market Street.

This bill will be referred to the appropriate committee. THE

And an ordinance amending Title 9 of the Philadelphia Code, Regulation of Business Trades and Provisions, by amending Section 9-208 relating to sidewalk cafes by amending and adding certain provisions for regulating sidewalk cafes.

This bill will also be referred to the appropriate committee. The Chair recognizes Councilman Rizzo.

Madam President, I have one resolution. And I'd like to note, Madam President, that this resolution was supported by all members of City Council, including Councilman Ortiz and Cohen.

The Clerk will please read the title of the resolution.

A resolution declaring May 17, 2003, as Philadelphia Housing Authority Community Partnership Health and Safety Day.

The Chair recognizes Councilman Rizzo.

I move for the adoption of this 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 next order of business is reports from committees. And the Chair recognizes Kenney for a report from the Committee on Rules.

Thank you, Madam President. The Committee on Rules reports three bills out with favorable recommendations.

The Clerk will THE

To the President and Members of the Council of the City of Philadelphia, the Committee on Rules to which was referred Bill 010743, entitled an ordinance amending Chapter 2600 of the Philadelphia Code, entitled "Standards of Conduct and Ethics," by adding a anti-nepotism provision prohibiting City officers and employers from taking or recommending certain personal actions affecting family members; And Bill No. 030017, entitled an ordinance establishing a Neighborhood Improvement District in an area that is generally bounded by both sides of Ridge Avenue from Main Street to 7220 Ridge Avenue; And Bill No. 030068, entitled an ordinance to amend the Philadelphia Zoning Maps, by changing the zoning designations of certain areas of land located within an area bounded by Bridge Street, Tacony Street, a line 245 feet north of Sanger Street, the Delaware River and the Frankford Creek; Respectfully it has considered the same and returns the attached bills to Council with a

The Chair recognizes Councilman Kenney.

Madam President, I move that Rules of Council be suspended so as to permit first reading this day of Bill No. 030068. (Duly seconded.)

It has been moved and properly that the Rules of Council be suspended so as to permit first reading this day of Bill No. 030068. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the Bill No. 030068 will be placed on today's First Reading Calendar. Bill Nos. 010743 and 030017 will be placed on the First Reading Calendar for our next Session of Council. The Chair now recognizes Councilwoman Blackwell for a report from the Committee on

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

The Chief Clerk will please read the report. THE

To the President and Members of the Council of the City of Philadelphia, the Committee on Finance to which was referred Bill No. 030023, entitled an ordinance amending Chapter 19-200 of the Philadelphia Code entitled "City Funds, Deposits, Investments, Disbursements," by revising the list of City depositories because of non-compliance with certain provisions of that chapter;. And Bill No. 030163, entitled an ordinance amending Chapter 19-1500 of the Philadelphia Code, entitled "Wage and Net Profits Tax," by decreasing in stages the rates of the tax imposed upon certain low income persons and providing for refunds of excess taxes paid, all under certain terms and conditions; Respectfully reports it has considered and amended the same and returns the attached bills favorable recommendation.

The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move that the Rules of Council be suspended so as to permit first reading this day of Bill No. 030163. (Duly seconded.)

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. 030163. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and Bill No. 030163 will be placed on today's First Reading Calendar. Bill No. 030023 will be placed on the First Reading Calendar for our next Session of Council. The Chair recognizes Councilman Cohen the Committee on Law and Government.

Thank you, Madam President. I offer the report from the Committee on Law and Government and ask everybody's indulgence -

I'm sorry, I don't think we can hear you, Councilman. Put your microphone on, please.

I offer the report of the Committee on Law and Government and ask everybody's indulgence because it's a very lengthy and heavy report.

Thank you. The Clerk will please read the very lengthy and heavy report. THE

To the President and Members of the Council of the City of Philadelphia, the Committee on Law Government to which was referred Bill No. 020076, entitled an ordinance providing for submission to the qualified electors of the City of Philadelphia an amendment to Section 2-102 of the Philadelphia Home Rule Charter, relating to the redistricting of the City to revise the boundaries of the councilmanic districts after census; And Bill No. 020621, entitled an ordinance amending Title 2 of the Philadelphia Code, entitled "City-County Consolidation," by abolishing the Board of Revision of Taxes and reassigning its powers, functions, and duties to three newly created City agencies; And Bill No. 020810, entitled an ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to Section 6-400C of the Philadelphia Home Rule Charter relating to authorized audits by the auditing department of certain agencies performing services or receiving funding from the City; And Bill No. 030016, entitled an ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment of the Philadelphia Home Rule Charter relating to the composition of the Board of Pensions and Retirement as approved by resolution of the City Council; And Bill No. 030097, entitled an ordinance amending Title 17 of the Philadelphia Code, entitled "Contracts and Procurement," by 17-109, entitled "Local Bidding Preferences," providing for the establishment of a bidding preference on City contracts for Philadelphia businesses; And Bill No. 030098, entitled an ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to the Home Rule Charter to establish that a bid preference can be allowed in the awarding of public contracts to Philadelphia firms; And Bill No. 030115, entitled an ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to Section 8-200 and 8-201 of the Philadelphia Home Rule Charter relating to contracts and concessions for which competitive bidding is required; And Bill No. 030178, entitled an ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to Section 5-300 of the Philadelphia Home Rule Charter, by adding a new subsection as approved by resolution of City Council requiring that the Health Department prepare a plan for universal Bill No. 030220, entitled an ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to the Philadelphia Home Rule Charter and creating the Office of the Insurance Public Advocate; And Resolution No. 020084, entitled resolution proposing an amendment to Section 2-102 of the Philadelphia Home Rule Charter relating to the redistricting of the City to revise the boundaries of the councilmanic districts; And Resolution 020817, entitled resolution proposing an amendment to Section 6-400 of the Philadelphia Home Rule Charter relating to the authorization for City Controller audits; And resolution No. 030034, entitled resolution proposing an amendment to the Philadelphia Home Rule Charter relating to the composition to the Board of Pensions and Retirement; And Resolution 030106, entitled resolution proposing an amendment to the Philadelphia Home Rule Charter to establish that bid preference can be allowed in the awarding of public firms; And resolution 030119, entitled resolution proposing an amendment to Section 8-200 and 8-201 of the Philadelphia Home Rule Charter relating to contracts and concessions for which competitive bidding is required; And Resolution No.

030189, entitled resolution proposing an amendment to section 5-300 of the City Charter relating to the functions of the Department of Health; And Resolution No. 030231, entitled resolution proposing an amendment to the Philadelphia Home Rule Charter to create the Office of Insurance Public Advocate, and providing for the submission of the amendment to the electors of Philadelphia; Respectfully reports it has considered and amended the same and returns the attached bills and resolutions to Council with a favorable recommendation.

Councilman Cohen, I would like to make a suggestion, if I may.

Go ahead, Madam President.

I think that these issues are very important. I don't think that Members of Council will be able to obtain notes of testimony prior to a vote. Many may not have been in the building when the public hearing occurred. I strongly would suggest that perhaps the technical staff could give some abbreviation or some information as to what each and every one of the bills do so that we would be fully prepared to vote on all of the bills next week.

I would support that notion, Madam President.

And may I ask you as Chairperson of the Committee if you would indeed have the technical staff do that?

I will be happy to do so.

Thank you. The report has been read and I now recognize Councilman Cohen.

Madam President, I move the adoption of the report.

Second.

It has been moved the Rules of Council -You have to suspend the rules, Councilman. You want to suspend the Rules on the bills today?

Yes, in order to put this in position to be voted on next week, the bills and resolutions ought, in my judgement, be voted on simultaneously since every amendment requires both a bill and a resolution.

Fine. Did I hear a second? (Duly seconded.)

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. 020076, 020621, 020810, 030016, 030097, 030098, 030115, 030178 and 030200.

Madam President, I ask for a roll call.

Councilman Cohen.

With respect to the resolutions, I know 12 votes are required. I think it might in order to have a roll call vote on each -

We're not considering the resolutions. We're talking about suspending the Rules on the bills. I believe that was your request, Councilman.

This is just the bills?

The bills.

Then there would no need for roll call. There are only nine votes to required go -

Madam President.

Yes, Councilwoman.

Since my colleague is going to ask for the technical staff to give everybody a brief synopsis of what they require, I didn't want the hammer on us to force us to be ready next week because we haven't requested of the technical staff and it just gives everybody time to review it, to make sure we have the information and to make sure that we're prepared to take a position. It only means an extra week.

Councilman Nutter, your light is on. Did you want to be recognized?

Not necessarily, Madam President. I was just going to weight in with Councilman Cohen to answer the issue that he raised, that there was no vote on the resolutions, that this is a rather routine matter of having a rules suspension on bills coming out of committee. When the bills get called up is a totally separate matter. But I was weighing in on the previous issue, not on the comments made by Councilwoman Blackwell.

I don't mind -- in view of the number of amendments to the Home Rule Charter being proposed, I think, as I did before, that the President's suggestion and Councilwoman Blackwell's suggestion that there been additional time provided is a reasonable one. If we're going to -- I would like very much to have everything adopted unanimously, but everybody knows if it isn't, nobody enjoys a good fight better than I do. So let's get ready for it if we have to or let's have unanimous support. So I concur in the proposal made by the technical staff provide information to everybody. I think an informed vote is the most important thing. The voters have a right to expect that from us in City Council, so I will withdraw the motion for suspension of Rules.

Very well. So these bills will be placed on First Reading Calendar for first week along with the resolutions. The Chair recognizes Councilman Nutter.

Thank you, Madam President. And I appreciate Councilman, Chair of the Committee, trying to work through the particulars here. I would only point out, Madam President, that the request for suspension of the rules was actually made as part of the motion on these various matters out of committee. I'm not necessarily sure whether in this circumstance that the Committee's wish and a motion made and approved by the Committee can so immediately be dismissed.

I'm terribly sorry. I was distracted, Councilman. I don't know what your comment was.

Madam President, I was just simply pointing out, at least on the it, and I understand the Chair of the Committee, Councilman Cohen, trying to work through the particulars of this matter. I did just want to point out, though, that the motions made in Committee requested a favorable recommendation and a suspension of the Rules was made by the Committee and it's a part of the motion in front of us. I'm not so sure that, with every respect to the Committee Chair, I'm not so sure that the Chair can automatically dismiss -- and I know that he's not seeking to do that. He's trying to be accommodating under the circumstances, but I do wish to point out that the request for Rules suspension was made as a part of the Committee's motion on these respective bills. I will make one very brief comment, I understand the concern and respect the concern raised by Councilwoman Blackwell with regard to technical analysis, ability to review notes of testimony and the like. Just because the bills might be in position next week, if they were to get a first reading today, does not automatically mean that the bills are going to come up for a vote, just like -- I mean, if you look at our Calendar, probably every bill that's sitting on the Calendar suspension of the Rules coming out of Committee, and many of them have been sitting there for a while. So I'm simply raising a very technical issue about the Committee having taken action in Committee, requesting a suspension of Rules, and that part of that motion be handled in the appropriate fashion.

Well, I believe the Chairman of the Committee did make a motion to suspend the Rules and he withdraw such a motion.

Madam President, point of order. I think that Councilman Nutter is right and I think I have to confess that I would oppose a chairman having the ability to change the action of a Committee he or she is reporting on. And I think I was in error when I presumed I had the authority to do so. I think we have to put it to a vote. It is the committee's recommendation and no chair would be free to change the committee's recommendation, so I applaud Councilman Nutter for catching me on a time I tripped. Maybe I got me before I fell to the ground, though, because I think wrong. This body is the only body can change -- the body as the whole is the only body that can change the recommendation of the Committee. Madam Chair, I have to move -

Before you make your motion, there are a number of Councilmembers that would like to be recognized. Councilwoman Blackwell.

Madam President, I do have a point of order, but I will yield to Councilman Goode's point of order first.

Councilman Goode.

Thank you, Madam President. I move that we suspend the rules to alter the Committee report to not suspend the rules to allow first reading today. And I'm a member of the committee that actually voted to suspend the Rules within committee.

Second.

I am being advised by our legal staff that there should simply be a motion by Councilman Cohen again to suspend the rules. Members can vote it up or down.

We have a

Councilman Nutter, your light's not on, and the stenographer cannot hear you.

It's on now.

Councilman Goode had another motion on the floor. I'm only asking if the technical staff responded to Councilman Cohen's motion, to his response, why can not they also give an explanation to Councilman Goode's motion that was seconded? If you explain one motion, you've got to explain every motion. We just need clarity on the floor. And in fact, if we want to go that far, we can't ask for the technical staff at his point of the game to give us an explanation. So come on now, you can't be tight on one end and loose on the other. I don't understand why if the Chairman doesn't agree that we can do this, we have another motion on the floor made by Councilman Goode. I don't understand why we have to have a debate about this. Everybody would like information. It's not a big issue.

I don't want to have want to ask Councilman Goode just a question about his motion. But if there's a request for an explanation on Councilman Goode's motion, I'll wait.

I'm sorry. Councilman Nutter.

Madam President, I will wait. If Councilwoman Blackwell is waiting on a fuller explanation on Councilman Goode's motion, I will wait. My question was on Councilman Goode's motion, and I think we can get to the point where everyone wants to be, but I'm not necessarily sure that Councilman Goode's motion was exactly necessary with regard to a suspension of our Rules. I think that the question is, the Chair made a motion as a part of the Committee's recommendation to suspend the Rules in order to allow first reading. I think that we can dispose of this particular matter by just voting on that particular motion. And if the motion fails, then I think it will have accomplished what people are concerned about. But I don't know that there's any motion necessary to suspend our Rules to get to that point.

But we were another statement about that said something other another, so Councilman Goode then did a point of order. We are happy to report it out and wait have no real action.

We can continually go around in circles.

I just wanted to make sure the Committee's request was honored.

The question is, are we going to vote to suspend the rules? I don't see any reason for us to continue debating the issue. Councilwoman Tasco.

I think when the Clerk read the report, she read -- and I think what Blackwell was saying, we were being asked whether to vote on this with the suspension of the Rules. I think Councilwoman Blackwell was saying, let's have a role call vote which answers the question because really the Clerk made the motion, do we vote on it with the suspension or not. And so all we have to do is just go back to the original comments by the Clerk and then follow Councilwoman Blackwell to have a role call vote on the suspension of the rules.

Madam President, I would like to remove the question from the floor in the in form which I presented it. And as Chairman of the Committee, I would like to divide the motion to half and first move to adopt the report, period.

I'm sorry, you're going to have to be more specific.

And that does not include the part with respect to suspension of the Rules, just to adopt the report.

Point of clarification, Madam President.

I will separately then move to suspend the rules and we can have an up-and-down vote on the suspension.

Point of order.

The Chair recognizes Councilman DiCicco for a point of order.

Thank you, Madam President. I think I understand what we're trying to understand here, but I don't understand why we need to -- if the vote comes to not suspend the Rules, I don't think it's fair that all of the bills that are coming out of this Committee should fall had a public hearing on the Insurance Advocate bill which I sponsored. We had two hearings and two separate dates. I don't know how much more time we need to debate that bill. I'm not disrespecting any other bills that were introduced by other Members of City Council, but on two separate days, probably a grand total of six to eight hours worth of testimony has been taken on that bill that I introduced to have a Charter change that will allow the City of Philadelphia to hire an Insurance Advocate. I would like at least have that bill removed from this motion not to suspend.

Point of order, Madam President.

I don't understand why what has arisen has arisen. But obviously, somebody has some concern with something, maybe more than one thing and maybe everything. Therefore, I would like, Madam President, the opportunity to report the Committee's actions bill by bill. I think that's within the province of the Committee Chairman to determine since the report originally in the usual fashion was prepared by the Clerk of the Committee and not by the Chairman of the Committee. have the report returned so I can submit it bill by bill.

The Chair recognizes Councilwoman Blackwell for a point of order.

Thank you, Madam President. I President asked the Chair of the Committee to ask the technical staff, because of the nature the bills and so many of them deal with the Charter, that the technical staff prepare a synopsis or an explanation to everyone since there are so many of them included in the report today. If we're going to pull out certain bills with certain -- when we hear bills and when we vote on them, we hear bill numbers. So people who were not -- I'm on that Committee, but I wasn't sitting there through the whole Committee that morning. However, my colleagues hear bill numbers. A number doesn't necessary mean you know what's in it. Now, if we're going to pull it apart now and deal with every bill and every number, then we nullify the President's suggestion that the technical staff try to help us in this situation by doing an explanation. Now, we can sit here for the next two hours, it's okay with me, and go through each bill, read each in detail and talk about what we want to do; or we can find an easy way to just not have to vote on those bills. The Chair was willing to do that if we can do a legal way to do that. Can't we not vote on these today due to the nature of them and come back and deal with them. Nobody's saying we shouldn't vote on them. But we're saying due to their nature that maybe we don't want to do a lot today. I don't know why that is so unreasonable. The President agrees. The Chair agrees. So can't we find a way to get there?

Yes, we can. And that's the way I'm suggesting, we do it bill by bill. I happen not to be a fan of mystery books, so I'd like to uncover the mystery. If there is a problem, let's deal with it. If there is no problem, we can also deal with the situation. The only way we deal with it is to do it bill by bill. And that's the reason I'm suggesting we divide it.

Councilman, I don't want to cut you short, but I think the Committee report has been read. The question still remains about the suspension of the bills. Is there a motion? I think we vote them up or down, period.

I would like to present it, as I think I have a right to as Chairman of the Committee, in two forms. First, an action to adopt the report without to respect to a suspension of the Rules; and then secondly, to raise suspension of the rules.

The report has read.

Now I move the adoption of the report. That does not include the suspension.

Councilman, the report doesn't have to be adopted. You ask for the suspension -- I think what you're interested in is asking for the suspension of the Rules. (Pause.)

Councilman, it's your call. Councilman Cohen.

I've been informed by the attorney that the provisions of the Rules provide that there is no general adoption of a report made but that I would have the power to move with respect to each bill on a suspension of Rule. to adopt the report of the Committee. That will happen at the time of the final vote.

Councilman, what is your motion?

My motion is -- I need the report so I can refer to each bill. I want to withdraw what's before the body now and begin the process of moving for suspension of the Rules on each of the bills. My motion is I move that the Rules of Council be suspended so as to permit first reading this day of Bill No. 020076. And if given back the physical document, I will identify the bill and ask the Clerk to read the title. If anybody has any questions, they can raise them and I would request the technical staff to be prepared to give us the information.

Councilman, I don't know that this is really necessary. I think, if I may be so bold -

Well, I believe so, Madam President.

Councilman, may I ask why?

Yes, because some bills have more of a time requirement than other bills. Councilman DiCicco is right. We're in the middle of very heavy and continuous hearings on insurance problems that constitutes an emergency problem in Philadelphia. I would not like that bill, and maybe there may be others like it, but that bill particularly ought not to be held up by a failure on a vote to suspend the Rules. I have no idea why the question is being raised. Suspension is done automatically every time, but this is an unusual time, I admit, and so I want to honor the request -

Councilman, if I may. I think, as I said, you can ask -- I think your original request was to ask for the suspension of the Rules on the bills that are reported out of Committee. I don't know that we have to decide on each and every bill. People can either vote your request up or down. And I think that's what we should be doing.

Madam President, point of information.

Councilwoman

I think the Chairman was willing to report the bills out and not suspend the rules. Can't we legally do that? That's where we are, it seems me, so that we can get more information. Isn't that where we are? And can't we as a body who are in Committee, can't we find a way to do that?

No, I would not agree to that, Madam Majority Leader. I would not agree to not request suspension of the Rules on all the bills today. I am interesting in seeing that every Member of Council has full information on bills that thee need full information on. But if there are bills that the body is prepared to suspend the Rules on, I don't think we ought to hold up those bills and we ought to pass them with the suspension of first reading. If there's any bill which creates enough controversy so that it cannot obtain the necessary number of votes for suspension, let's isolate it to that. Let's find out what the problems are and deal with them.

Then we will do then as you request and do each bill with you is, as Chair of the Committee. I'm happy to do that.

I believe Councilman Goode has a point of order.

Thank you, Madam President. I still have a motion of the floor that deals with suspending the Rules of Council to alter the Committee report, if Councilman Cohen wants to alter the Committee report. If he wants go with the Committee report as it was, then he should go with it as it was. If he wants to not suspend the rules for any bills, then we shouldn't suspend the rules for any bills. If he -

But Council cannot alter a Committee report.

We can suspend the Rules to alter a Committee report if we want to. The issue is what are we going to be voting on in the end. Are we voting on the original Committee report? I'm a member of the Committee. Are we voting to suspend the Rules on certain bills? Are we voting to suspend the Rules on all the bills? The issue is whether we're voting on the original Committee report or whether we're altering the altering the Committee report, if we can do that legally, which I believe we can do, then I still have a motion on the floor that says let's suspend the Rules to alter the Committee report as the Chair wants to alter it.

I think this is what Councilman Goode has in mind -- if it is, I'm in agreement with him. I think the first item before the body ought to be the exact original motion I made to see whether the report will be -- I move the adoption of the report and the suspension of the all the bills. If that fails, then I will offer each bill for suspension of Rules separately. But it may not be necessary if the motion prevails. I don't know whether it's going to prevail or not.

Point of order, Madam President. It seems to me -- I agreed with Councilman Goode's both times. And it seems to me that this Council, over the years -- I think we have the right to do whatever we want to do. I don't understand why we want to be technical on one end and non-technical on the order, depending on which side you are on the issues. I think our debate is innocuous because all we're talking about is an I don't understand. And second Councilman Goode's motion.

Well, let me try to get an understanding, Councilwoman. Is there any particular bill to which you object to a suspension of the Rules, or are you opposing the suspension of the Rules on each resolution?

Councilman, I can't tell you, having heard all those bill numbers, which bill is which.

Well, let's deal with each one separately. That's what we ought to do in the legislative body.

I believe that you initially agreed with Councilman Goode's motion, and I don't know why -- our body as a whole can do whatever it is we choose to do. If we make a motion and we're here and we second it. We undo and do whatever it is we choose. And I don't understand why there's such a big issue about it. If everybody is saying -- we're talking an extra week of information. I don't see where the debate is.

I did not make the issue. I presented the original resolution.

I know. You were fine, Councilman. It's whatever it is in here that causes us to get hung up in things that don't really matter. I second, again, Councilman Goode's motion.

Councilman Mariano.

At the risk of sounding like Vinnie Barbarino, I'm so confused this point, it's going to take 10, 20 minutes to figure it out. So didn't he just make a motion that seconded? I'm not sure what the motion was. So we have to move on the motion that was seconded, correct?

Councilman Goode, would you please -

Point of order, Madam President. I received in usual form the report prepared by the Clerk's Office. My assistant, Mr. Greenlee, required me to sign six or seven or eight or nine times. It meant that what I was given in hand was a combined report. In order to clarify everything, I would like to have that report I can give each signed report separately.

Well, I believe that Councilman Goode made a motion and it was seconded.

What was that motion?

I am asking Councilman Goode at this point in time to please repeat his motion. Make it very clear as to what the motion is.

Thank you, Madam President. The motion was to suspend the Rules of Council to allow the Chair of the Committee on Law and Government to alter the report if he chooses to alter the report, because when it was time for him to make a motion to adopt the report, he chose to alter the report by saying he did not want to suspend the rules on the bills that were voted on Committee allowing for suspension of Rules. So the motion is to suspend the Rules to allow the Committee Chair to alter the report, if he chooses to alter the report.

Councilman Cohen.

I do not wish to under orders from the Committee to issue a report today. I would like to be able to do that. I was given a series of reports to issue. And then in my effort to save time, I did what so often occurs when you try to save time, you spend 10 times the amount of time you hoped to save by explaining why you did what you did. I would like to withdraw my motion and start anew and present this in the fashion it usually is presented, one report at a time. Each one is separate. I had to sign separately because each was a separate report, and I apparently erred in combining all the reports together.

Point of order, Madam President.

The action of the Committee was taken bill by bill, and the motions were made separately and they're entitled to be treated as such.

Councilman Goode, are you willing to withdraw your motion in view of what Councilman Cohen has just said?

Madam President, I have a point of order. I am a member Government Committee. My colleague, the Chair, says he's under orders from this Committee. I'm member of that Committee. I don't think you're under orders from your Committee to continue in this vein. We're very, very happy to go along -- I, as member of that Committee, am happy to concur with Councilman Goode's motion.

I think at the time of a public hearing, members of that particular Committee cast their vote and normally vote for a suspension of the Rules.

Madam President, I'm responding to the Chair of the Committee's statement that he is under orders from his Committee -

The Committee moved in every single case for a suspension of the rules. In my effort to shorthand the time required, I apparently erred in submitting all of the reports together as a single report. I wish to correct my error and reinstate the decision of the Committee which acted individually on each bill. Therefore, I want to submit the report of the Committee bill by bill.

Councilman, Goode do you want to be recognized?

And that will carry out the meaning of the Committee. That's what the Committee did bill by bill. They voted to suspend the Rules each time.

Councilman Goode has a point of order.

Please accept my apology for the error I made in presentation and permit me to have the report returned to me so I can present it correctly as a series of separate reports.

Councilman Goode.

Thank you, Madam President. The Chair of the Committee does not wish to alter the report. My motion dealt with allowing him to alter the report by suspending the Rules. He does not want to alter the report. If he is retracting that statement that he wants to alter the report, then I withdraw my motion if he wants go with the original report of the Committee.

Very well. Thank you. Councilman Cohen. Councilman Clarke, do you have a question?

Thank you, Madam Chair. I just wanted some clarity on the statement that Councilman Cohen made with respect his offering the Committee report and he said erred in offering the report as one. Do the Rules state that they should be offered in a singular basis, each bill from the Committee?

We never really do that. When we report bills and if there are a number of bills and they're listed in a public hearing and Rules are suspended, they're all read at the same time.

He said he erred. I didn't know that was a Rule that we had to offer them singularly.

No, we don't.

Thank you.

There's nothing in the Rules that say that.

Okay. I just want

Councilman Cohen.

The Committee on Law and Government reports Bill No. 020076 with a favorable recommendation and with a request to permit first reading this day of that bill. (Duly seconded.)

Councilman, your motion has to be suspend the rules so that we would permit first meeting this day of that bill. Please make that motion, if that is your intent.

I did.

No, you didn't.

Point of order, Madam President.

The Chair recognizes Councilwoman Blackwell.

I would like to know what that bill is. I would like an explanation. If we're going to do this bill by bill I want an explanation of what the bill calls for.

I ask the Clerk to read the tile of the bill. And if that is not information, I will then ask the technical staff, with the permission of the Chair, to give a short report. That will be in domain of the President.

The Clerk will please read the title of Bill No. 020076. THE

An ordinance providing for submission to the qualified electors of the City of Philadelphia an amendment to Section 2-102 of the Philadelphia Home Rule Charter, relating to the redistricting of the City to revise the boundaries of the councilmanic districts after each decennial census, as approved by resolution of the City Council fixing the date of a special election for such purpose prescribing the form of ballot question to be voted on and authorizing the appropriate officers to publish notice and to make arrangements for a special election.

Councilman Nutter, I believe this is your bill. Would you feel more comfortable explaining what the bill does?

Sure, Madam President. I did actually testify on this matter at the hearing. This bill would establish an actual the conduct of the redistricting process as required by the Philadelphia Home Rule Charter that Council redistrict the City every 10 years. The current Charter does not provide any process by which Council is to conduct the redistricting other than to set a date by which it must be done and impose a financial penalty on Council if the redistricting is not conducted within six months of the release of the census. This bill would establish a process and proceeding for redistricting, a committee to conduct such work to establish a report to be given by that committee to the Council. This hearing was a couple days ago and there were a number of members that were there.

Thank you. Councilman Cohen made a motion. Is there a second? (Duly seconded.)

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

One question, Madam President.

Yes, ma'am.

May I ask my colleague -- I think I remember that hearing. Was the process set forth in there or did it depict the process by which or refer to us creating a process to deal with redistricting?

Councilwoman, in the body of the resolution that accompanies the bill -the bill only puts the question on the ballot. The substance of the matter is actually in the resolution which is not before us at the moment. It establishing a full process and procedure from 30 days after the census is published up through a final date by which Council action must be taken. And there is an extensive process for how a plan is developed. It requires public input, it requires all Members to have availability to computers and data and electronic equipment, and it allows for a process for recommending such a plan to the Committee of the Whole. That was the substance of my testimony at the public hearing the other day. So there's an actual process established, but it's in the resolution. The amendments actually to the Charter are in the resolution portion of a two-package bill. The bill that is the subject of rules merely allows the question to go on the ballot. The actual details are in the resolution, which are not in front of us at the moment.

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. 020076. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the motion carries. The Chair recognizes Councilman Cohen.

Madam President, the Committee on Law and Government reports out Bill No. 020621 with a favorable recommendation, and I move that the Rules of Council be suspended so as to permit this first reading this day of Bill No. 020621. (Duly seconded.)

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. 020621.

Point of information.

The Chair recognizes Councilwoman Blackwell.

Thank you. Will the Chief Clerk read the title of that as well? THE

An ordinance amending Title 2 of the Philadelphia Code, entitled "City-County Consolidation," by abolishing the Board of Revision of Taxes and reassigning its powers, functions, and duties to three newly created City agencies to be known as the Board of Property Assessment Appeals and Review, the Property Assessment Oversight Board, and the Office of Property Assessment, providing for submission of such amendment for the approval or disapproval of the qualified electors of the City of Philadelphia, fixing the date of a special election for such purpose prescribing the form of ballot question to be voted on and authorizing the appropriate officers to make arrangements for a special election, all under certain terms and conditions.

Thank you.

The motion was second by Councilman DiCicco. All in favor?

May we have a roll call on this, Madam President.

By all means.

Thank you.

The Chief Clerk will please call the roll. THE

Councilwoman Blackwell.

No. THE

Councilman Clarke.

No. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco.

Aye. THE

Councilman Goode.

Aye.

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ortiz.

Aye. THE

Councilwoman Reynolds-Brown.

Aye. THE