COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, September 30, 2010 10:30 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES KENNEY COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO, JR. COUNCILWOMAN MARIAN B. TASCO MICHAEL A. DECKER,
Good morning. I note that the hour has come and that a quorum of this Council is present. Council will come to order. Members will take their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair recognizes Father Joseph DiGregorio of Stella Maris Parish. He is here today as the guest of Councilman Rizzo. I would ask all members and guests to please rise. (Members and guests rise.) FATHER DiGREGORIO: Good morning, everyone. (Good morning.) FATHER DiGREGORIO: Let us pray. Father in heaven, we thank you for this wonderful city in which we live. We thank you for its diversity and for brings into our lives. We thank you for the efforts of all who are charged with the governance, growth, safety and the implementation of the values we hold as sacred and important. Today we especially ask your blessing upon the members of City Council. Bless them with wisdom to discern what is in the best interest of their districts and their constituents, and strengthen them to implement those decisions with justice and equality. Bless them with compassion to reach out to the poor and the needy in our midst. Bless their work together and assist them with your power to achieve for the people of this city a standard of life which we held up as an example for all. Bless those charged with our safety, our police and our firefighters. Protect them and keep them safe. Father, bless this great nation, the United States of America. Bless our President and all who assist him. Bless and protect our military, especially those serving in harm's way. Under your guidance, may we always be the Land of the Free and the Home of the Brave. We ask this in your holy name. Amen. (Amen.)
The Chair thanks Father for his 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, September 23rd, 2010, and the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, September 23rd, 2010 be approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, September 23rd, 2010 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the Journal is approved. The next order of business is requests for leave of absence, and the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. On behalf of the majority, a leave of absence is requested for Councilwoman Joan Krajewski.
The Chair thanks the Councilwoman. Leave will be granted. O'Neill.
Madam President, on behalf of the republicans, there are no requests for leave of absence.
The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our city. We certainly invite you to come again. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. In welcoming our guests, I'd like to recognize the Greater Philadelphia Chamber of Commerce and us here this morning. They are members of the Young Professional Network, if they want to stand, the Third Century Initiative Board members and the Greater Philadelphia Hispanic Chamber of Commerce. We thank them for joining us here today.
Again, the Chair recognizes Councilwoman Tasco, who will present a resolution declaring October as Domestic Violence Awareness Month and honoring Women Against Abuse. Would Jeannine Lisitski, Executive Director of Women Against Abuse, and those accompanying her please join the Councilwoman at the podium. I see that Councilwoman Tasco is being joined by Councilman Greenlee, Councilwoman Miller and Councilwoman Councilwoman Tasco.
Thank you, Madam President. It gives me great pleasure to present this resolution to one of my favorite groups. Declaring October as Domestic Violence Awareness Month. Whereas, Domestic Violence Awareness Month is being sponsored locally by Women Against Abuse and, through their sponsorship, they are encouraging everyone to help to increase the awareness of domestic violence in our homes and communities and to decrease its negative impact on Philadelphia; and
Whereas, in 2008, the Philadelphia Police Department responded to more than 137,000 domestic abuse calls and over 11,000 individuals filed for protection from abuse orders in Family Court and the number of domestic violence murders nearly doubled from 2008 to 2009; and Whereas, domestic violence is not just a local problem but a national issue where more than three women a day are murdered by their husbands or boyfriends in the United States and the Center for Disease Control and Prevention found that women experience two million injuries from intimate partner violence each year; and
Whereas, founded in 1976, the mission of Women Against Abuse is to provide quality and compassionate services, in a manner that fosters self-respect and independence in persons who have been victimized by domestic violence; and Whereas, Women Against Abuse has grown to become one of the largest domestic violence programs in the United States, created the nation's first legal center devoted to victims of domestic violence, founded the only emergency shelter in the City exclusively for abused women and their children; and
Whereas, Women Against Abuse provides education and training to the community about domestic violence issues and resources and has partnered with the City of Philadelphia, Lutheran Settlement House, Women in Transition, and Congreso de Latino Unidos to operate the Philadelphia Domestic Violence Hotline; and Whereas, to support victims of domestic violence, Women Against Abuse also operates a 12-unit transitional housing program called Sjourner House, which enables victims to take the crucial first steps to reclaim their lives and move forward toward a brighter future; and
Whereas, to support its mission and work, Women Against Abuse launched the iPledge Campaign, which can be found at www.iPledgeWAA.org, as a social awareness initiative to promote knowledge about domestic violence and to build community Philadelphians will take a stand against violence. Now, therefore, be it
Resolved, that the Council of the City of Philadelphia, declares and recognizes October as Domestic Violence Awareness Month. Further resolved, that an engrossed copy of this resolution be presented to a representative of Women Against Abuse as a sincere expression of City Council's gratitude, appreciation and commendation for raising the public's awareness regarding domestic violence. Certification, this is a true correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 16th of September 2010. Signed President Verna and all members of City Council. Thank you so much for your wonderful work. (Applause.)
Thank you, Councilwoman Tasco and everyone here who is helping to sponsor this proclamation and all of the members of City Council. I'm Jeannine Lisitski, Executive Director of Women Against Abuse. We fulfill a critical need in the community by operating the only emergency shelter in Philadelphia for women who are being abused and their children, as well as the nation's first legal center and long-term housing program that equips victims to rebuild their lives and gain independence. In addition to these life-saving services, we operate the Philadelphia Domestic Violence Hotline in collaboration with our sister agencies and are at the forefront of community education and prevention work. In a year, we serve over 10,000 individuals at Women Against Abuse. 35-year history, we've made significant progress, but there is still much more to be done. We know that the difficult economic climate makes it particularly challenging for victims to flee from the cycle of violence. The Women Against Abuse 100-bed shelter has been consistently at full capacity for over two years now and we've turned away triple the number for the last couple of years than we did prior to that. In these difficult times, I'm especially grateful for the City's support of recent initiatives to curb the prevalence of domestic violence. The first of these initiatives is a pilot between Women Against Abuse, the Philadelphia Police Department and other community partners. Through this partnership, the police are producing domestic violence reports with more detail than ever before. This includes a contact number for the victims. This effort provides information that is prosecute offenders and for us to reach out to victims before it's too late. I'm also excited to announce that Women Against Abuse is collaborating with the Hospital at the University of Pennsylvania to raise awareness to domestic violence. We're distributing our hotline number to every person who goes through the Emergency Department, and they are also taking the pledge. We are also working in several local hospitals to collaboratively create a best practice model of how to ensure that every person who goes through the hospitals is screened and, if they're a victim, that we can provide services quickly. In addition to these partnerships, Women Against Abuse is increasing its ability to serve women and children through a multi-million-dollar project to preserve and expand our long-term housing facility. We three to five new units by doing this project. This program currently provides safety for more than 100 people per year. And I'd really like to specifically thank Councilwoman Donna Reed Miller, who has been very supportive of this project in her district. Thank you. As some of you know, next week Women Against Abuse will be launching its annual iPledge Campaign. This is a citywide anti-violence initiative that calls Philadelphians to take a personal stand against violence. The campaign will kick off with a press conference on Wednesday, October 6th at Drexel University at noon. I urge you to attend and to take the electronic pledge against violence by going to www.iPledgeWAA.org. This is one way that each of you can join us to take action against the epidemic of domestic violence. While we are clearly making to end domestic violence, there is still much work to be done. It truly takes a community to end violence in our homes, in our streets and in our schools. With each day, we are increasing our impact and creating a more peaceful city, and I want to thank each of you for your continued support in these endeavors. (Applause.)
The Chair recognizes Councilman Rizzo, who will present a resolution honoring the Philadelphia Council AFL-CIO on its 50th Anniversary. Councilman Rizzo is being joined at the podium by members of Council's Labor and Civil Service Committee - Councilmembers Green, Goode, Jones, DiCicco, Kenney, Sanchez and Greenlee. Eiding, President of the Philadelphia Council of the CIO, and Janet Ryder, Vice-President of Labor Participation, please come up to the podium, and I invite those that are accompanying them to do so. At this time, the Chair recognizes Councilman Rizzo.
Thank you, Madam President. Again, thank you and the Committee of Labor and Civil Service for joining me on this very important presentation. Honoring, celebrating and thanking the Philadelphia Council AFL-CIO for its invaluable contributions to the City of Philadelphia on the occasion of its 50th Anniversary.
Whereas, the Philadelphia Council AFL-CIO was chartered in 1960 and has added to the City's vast history of supporting centralized labor councils; and Whereas, 50 years later, the comprised of over 100 local labor unions representing close to 200,000 working men and women in the public sector, private industry, and the building and construction trades; and
Whereas, the Philadelphia Council AFL-CIO is committed to strengthening the union movement by educating and motivating union members; and COUNCILMAN DiCICCO: Whereas, the Philadelphia AFL-CIO is further committed to supporting the right of workers to join unions, thus helping to create a powerful political voice that speaks for the workers; and
Whereas, the mission of the Philadelphia Council AFL-CIO is to bring social and economic justice to working people by giving them a voice on the job, in politics, and in the community; and
Whereas, the educational opportunities to members, as well as establishing a sense of unity, pride, activism within its ranks; and
Whereas, the Philadelphia Council AFL-CIO works tirelessly to support, mentor and provide members with ways to combat the effects of a tough economic time;
Whereas, the Philadelphia Council AFL-CIO is a represented organization with a celebrated history, passionate community, and a proud legacy that will continue for another 50 years and beyond.
And, again, I'd like to thank the Committee of Labor and Civil Service for this presentation to Patrick Eiding, AFL-CIO. Now, therefore, be it resolved, by the Council of the City of Philadelphia, that it recognizes, honors, celebrates and thanks the Philadelphia Council AFL-CIO for its invaluable of Philadelphia on the occasion of its 50th Anniversary. Further resolved, that an engrossed copy of this resolution be presented to Patrick Eiding, Philadelphia Council AFL-CIO, further evidencing the sincere admiration and gratitude of this legislative body. (Applause.)
Council President Verna and members of the Council and guests, this is extremely an honor. First of all, nobody can do anything without a right arm or left, and this is my right arm here. My left arm is a little bit away. Janet Ryder. Janet Ryder, who, by the way, has taken the labor movement and put us in the community and the community in the labor movement, more involved, I think, than we've ever been in our life, and I thank Janet for that, because we can't exist community and the residents of this great city. But, again, I want to thank Councilman Rizzo and the rest of the Council folks here for not only this resolution, but all the years that the labor movement in Philadelphia has had a partner in City Council, through many different people and many different faces, but never has there been, as they say, a blink when it came to representing working people and the fact that working people need representation in the government. And we thank your association for all those years, and we certainly will -- and I don't know if I can do this, but we'll continue for another 50 years. I might have to pass the baton maybe 30, 40 years from now. But I do thank you so much, and I'm proud to receive this today, and probably it makes it even more important because we're in these halls that make it so important. (Applause.)
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, pursuant to Sections 4-604 and 2-307 of the Home Rule Charter, I am today transmitting to the Council the recommendations of the City Planning Commission regarding the following bills: Bill Nos. 100553, 100554, 100555 and 100556; and I am pleased to advise you that on September 29, 2010, I signed Bill No. 100370, which was passed by Council at 16, 2010, and Bill No. 100267-AA, which was passed by Council at its session on September 23, 2010; and I am transmitting herewith for the consideration of your honorable body the following: An ordinance amending Section 9-622 of The Philadelphia Code, entitled "Cigarettes and Tobacco Products," by revising the acceptable forms of identification; and by increasing the penalties for violations; and Also an ordinance authorizing Thomas and Arlene Leschak, owners of Epicure Cafe, to construct, own and maintain an open-air sidewalk cafe at 3479 Bowman Street, also known as 3401 Conrad Street, all under certain terms and conditions.
Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in his possession.
Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilman Kenney.
Madam President, I offer two resolutions and one bill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Chapter 16-400 of The Philadelphia Code, entitled "Vacant and Surplus Properties," by amending subsection 16-405, entitled "Transfer of Title," to change the time period that the Redevelopment Authority may hold property transferred by the Commissioner of Public Property.
The bill will be referred to the appropriate committee.
And a resolution authorizing City Council's Joint Committees on Legislative Oversight and Transportation and Public Utilities to hold public hearings on the status of current findings of the Philadelphia International Airport's Master Plan and Environmental Study.
The Chair recognizes Councilman Kenney for a motion on the resolution.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it. The resolution will be referred to the appropriate committee.
And a resolution recognizing October 4th through the 8th, 2010 as National Customer Service Week.
Again, the Chair recognizes Councilman Kenney for a motion.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce two resolutions.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution honoring Philadelphia's own professional prize fighter Yusaf Mack for winning the North American Boxing Association and North American Boxing Federation Light Heavyweight Titles.
The Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Fifty-First Ward of the City of Philadelphia.
The Chair again recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I offer one bill by request.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 9-622 of The Philadelphia Code, entitled "Cigarettes and Tobacco Products," by revising the acceptable forms of identification; and by increasing the penalties for violations.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have no bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. I have one resolution and one bill, but before I introduce it, I wanted to allow for some comments from my co-sponsor, Councilman Green.
Are we going to read the bill first? I believe we have to read the bill first.
An ordinance amending Section 19-2600 of The Philadelphia Code, relating to tax rates, credits and alternative tax computation for the business privilege tax, by providing certain exclusions; revising certain tax rates; and creating certain fresh food tax credits; all under certain terms and conditions.
Thank you, Madam President. The multiple levers policymakers can pull that impact the business climate in Philadelphia and the City's economic competitiveness include: The tax burden; that is, business privilege tax, wage taxes, real estate taxes, use and occupancy taxes; The cost of government services; that is, the value proposition offered to citizens and businesses; The efficiency of our government; that is, ease of accessing information, use of technology, complexity of regulatory structure, one-stop shopping, et cetera. Council is pursing efforts on many of these fronts, such as: The tax burden: We've passed legislation removing property assessment function from the Board of Revision of Taxes and transferring it to the new Office of Property Assessment as a necessary first step to making property assessment and taxation accurate, equitable and predictable. The cost of government services: Council during budget hearings has proposed many innovative reforms and identified significant cost savings that have kept our tax rates as low as possible. We have legislation requiring program-based budgeting so citizens and policymakers know the cost of providing particular City services and we can accurately measure goals and metrics and determine how well the City is performing. We have legislation requiring an electronic option for all City-related interactions/transactions to make the government more efficient. And we have legislation creating -- leaving about 450 million more dollars in the local economy through our Local Business Enterprise Philly Comes First legislation, which will enable the City to spend more of its $2 billion spend with local businesses. This bill is a shift away from net income and towards the gross receipts tax. It is consistent with a developing national trend. A leading tax treatise, the National Tax Journal, outlines the advantage of a gross receipts tax compared to a net income tax. These advantages include taxing all businesses consistent with the fact that all businesses benefit from government services regardless of their location, being simpler to implement, dampening distortions as a result of having a lower tax rate applied to a broader base and provide the City with more stable tax revenues. 45 percent net income tax is a major disincentive for many businesses to locate in the City. Leaders of publicly traded companies have a fiduciary duty not to incur high levels of tax and not to locate in Philadelphia. The net income tax creates a significant barrier to such companies locating in Philadelphia. Even home-grown companies, such as BioPharma and technology start-ups incubated at the Science Center, are encouraged by their VC investors to move out of the City, often to the Route 202 corridor, once they hit profitability. Consideration of how the gross receipts and net income tax burdens are distributed across local businesses suggests that eliminating the net income tax should have a greater positive effect on the local economy than eliminating the gross receipts tax. Both based on its review of multiple years of BPT returns and on economic research, Econsult reached the following conclusions regarding the likely positive impact on the local economy of the proposed reform: The growth of high-margin, profitable firms generates growth in low-margin, less profitable firms, but not vice versa. Accordingly, our policy should encourage the growth of these firms in the City of Philadelphia. Econsult's analysis of the data cannot predict the impact of the reform on any individual business taxpayer. Accordingly, we encourage businesses to run the numbers for their own business and to do so over a multi-year period, including times when businesses were far more profitable, to assess the impact.
While there will be winners and losers in the short run, for many of the industries that may experience a short-term increase in cost, the overall positive impact on their top-line revenues should swamp any increase in their above-the-line expenses as the rate of increase is so small, about one-third 45 percent. The net income tax distorts rental rate for Center City office spaces. It increases the rents from $7 to $12 a foot for Class A space, which means that the economic rent being paid in the City of Philadelphia is actually $34 to $39 a foot. By making the City a more attractive location for profitable businesses and no longer penalizing them for their profitability, more of these firms should locate, grow and remain in the City, driving up demand for office space, increasing rents and thereby increasing the property tax that the City of Philadelphia collects. Econsult's analysis of BPT tax filings over the past several years indicates that the proposed reform should advantage Philadelphia-based businesses by moving more of the business tax burden to companies that are not headquartered in the City but sell into its market, having a more positive supply-side effect than eliminating the gross receipts tax, in the aggregate, advantage manufacturing, professional services and small and mid-sized retail businesses, among other sectors of the local economy, and result in approximately 50,000 taxpayers, those with less than 100,000 in receipts, owing zero BPT tax. By encouraging economic growth, increasing equity between taxpayers and improving our tax system efficiency, the proposed BPT tax reform will spur business formation growth and retention, generate job growth, and increase overall economic activity in the City of Philadelphia. We will continue to engage key stakeholders, including local businessowners, chambers of commerce and representatives of the Nutter Administration, in a productive conversation about this proposal, and we look forward to the upcoming dialogue and debate on what will be a pro-growth, pro-job, pro-Philadelphia reform to our tax system. Thank you, Madam President.
You're welcome. The bill introduced by Councilwoman Sanchez will be referred to the appropriate committee. I would ask the Chief Clerk to please read the title of the resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Nineteenth, Thirty-First and Thirty-Third Wards of the City of Philadelphia.
Thank you, Madam Chair. 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.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Green.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Jones.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing Thomas and Arlene Leschak, owners of Epicure Cafe, to construct, own and maintain an open-air sidewalk cafe at 3479 Bowman Street.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I introduce one resolution today.
Thank you. The Chief Clerk will please read the title.
Co-sponsored by my colleague who dissected this issue earlier this week, Councilman Jones.
A resolution supporting House Bill 2754 calling on a 3 year moratorium on Marcellus Shale drilling, drilling activities and establishing the Marcellus Shale Study Commission.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer one resolution.
Thank you. The Chief Clerk will please read the title.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Thirty-First Ward of the City of Philadelphia.
The Chair recognizes Councilman DiCicco for a motion. COUNCILMAN DiCICCO: Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman O'Neill.
The Chair thanks the gentleman. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have one bill and one resolution.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Title 4 of The Philadelphia Code, Subcode "PM" (The Philadelphia Property Maintenance Code) and Subcode "A" (The Philadelphia Administrative Code), by amending provisions relating to vacant premises, by allowing for the immediate issuance of code violation notices for blighted vacant lots.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, one note. The bill I just introduced is intended to substitute for Bill No. 090590, which I introduced on September 17th, 2009. It was referred to committee. I would like to have Bill No. 090590 be withdrawn. Therefore, I move that the rules of Council be suspended so I may make a motion at this time to have Bill No. 090590 withdrawn. (Duly seconded.)
It has been moved and seconded that the rules of Council be suspended so as to permit a motion at this time to withdraw Bill No. 090590. All those in favor will say aye. (Aye.)
The ayes have it and the motion passes. The Chair again recognizes Councilman Clarke.
Thank you, Madam President. I move that Bill No. 090590 be withdrawn. (Duly seconded.)
It has been moved and seconded that Bill No. 090590 be withdrawn. All in favor will indicate by saying aye. (Aye.)
The ayes have it, the motion passes, and Bill No. 090590 is withdrawn. I would ask the Chief Clerk to please read the title of the resolution introduced by Councilman Clarke.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Thirty-Seventh Ward of the City of Philadelphia.
The Chair recognizes Councilman Clarke for a motion.
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
The Chair thanks the gentleman. business is reports from committees. The Chair recognizes Councilman Clarke for a report from the Committee on Appropriations.
Thank you, Madam President. The Committee on Appropriations reports two bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Appropriations, to which was referred Bill No. 100488, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2011 within the General Fund from the Clerk of Quarter Sessions to the First Judicial District of Pennsylvania"; and Bill No. 100541, entitled "An ordinance authorizing transfers in 2011 within the Grants Revenue Fund from the Director of Finance - Provision for Other Grants - Federal Stimulus Funding to certain or all City offices, departments, boards and commissions," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, we're not going to suspend the rules on these bills.
Yes. Report them out of committee with a 9/30/10 - STATED - 2ND READING favorable recommendation, correct.
Thank you. Our next order of business is the consideration of the Calendar. I would ask the Chief Clerk to please read bills on the First Reading Calendar.
Thank you. Since we do not have any bills on the First Reading Calendar, the Chair recognizes Councilwoman Tasco for the purpose of calling up the bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Bill Nos. 100360, 100487 and 100288 are being called up for Second Reading and Final Passage Calendar today. All other bills are being held.
Thank you. 9/30/10 - STATED - 2ND READING The Chief Clerk will please read the title of Bill No. 100360.
An ordinance amending Title 2 of The Philadelphia Code, entitled "City-County Consolidation," by abolishing the Office of the Clerk of Quarter Sessions and reassigning its powers, functions and duties.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman DiCicco. COUNCILMAN DiCICCO: Aye. 9/30/10 - STATED - 2ND READING
Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill 100487.
An ordinance amending Chapter 2-200 of The Philadelphia Code, entitled "Recording of Deeds," by modifying the requirements for the recording of deeds, providing for certain fees and making certain technical changes.
This 9/30/10 - STATED - 2ND READING bill having been read on two different days, the question now is -- oh, I'm sorry. Councilman O'Neill.
Yes, Madam President. Thank you. I will be abstaining on this bill. The hearing was held last Wednesday, I believe, and a member of the Fox Rothschild law firm, with which I am associated, was here testifying on behalf of a party in opposition to this bill, and so I will not be taking any part and I have not taken any part in discussions since I found out about that last week. Thank you.
Thank you. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. Just quickly, first I want to thank Councilwoman Sanchez for her kind words last week and for all the work she and her staff have 9/30/10 - STATED - 2ND READING done, together with my staff, on this bill and on the issue of fraudulent deeds, and I'd be remiss if I didn't also note the efforts of Councilwoman Miller, who first raised this issue, I think, a number of years ago. And that's the real problem here. The stealing of houses through false deeds has been happening for years to literally hundreds, if not thousands, of homeowners, and whenever some real solutions are offered, the response of the Law Department and the Records Commissioner is always the same, No, we can't. Well, as many Councilmembers have said to me, why can't we try and find ways to solve this problem instead of finding ways not to. And this bill, like most bills, is not a panacea, but it's an honest effort to try to deal with that problem. So I respectfully ask the members of Council to support this bill, and I hope the Mayor signs the bill and we can work together, as we have on other 9/30/10 - STATED - 2ND READING issues, to tackle this serious issue. Thank you, Madam President.
Thank you. Again, I repeat, this bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Councilman O'Neill is abstaining. Councilwoman Reynolds Brown.
Aye. The ayes are 15; the nays are zero. Councilman O'Neill has abstained. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 100288.
An ordinance amending Chapter 9-600 of The Philadelphia Code, entitled "Service and Other Businesses," by amending Section 9-613, entitled "Junk Dealers," by requiring Junk Dealers to obtain from each customer a photocopy of valid government issued photo identification pursuant to each business transaction.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll. 9/30/10 - STATED - 2ND READING
Aye. The ayes are 16; the nays are zero. A majority of all members having affirmative, the bill passes. This concludes our Calendar for today. Are there speeches on the part of the minority? (No response.)
Are there speeches on the part of the majority? The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I'd just like to note that one of our dear friends and one of the leading pastors in the City of Philadelphia, Reverend Randall McCaskill, passed, and as you know, he worked in City Council I believe for Mayor Street. He certainly worked with the Black Clergy and all of the ministerial organizations of the City of Philadelphia, and he will be missed. His church was in my district on 10th Street and certainly was a -- of many of us in the City Council. His funeral is tomorrow at 11 o'clock at Vine Memorial at 56th and Vine. Thank you.
Thank you. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I want to urge Philadelphians to attend the Police Department's police and community forums that will be held tonight within each police district. And there is a listing of the places in the newspapers and also they can go on the website www.phillypolice.com. The overall goal of these meetings is to give people an opportunity to share their thoughts and concerns dealing with issues of crime and disorder in neighborhoods or issues of police it's important to attend. Certainly the Police Department will be there, Internal Affairs Bureau, the Police Advisory Commission, the Police Clergy and the Police District Advisory Councils and other community groups. So we just want to urge people to attend. This is an opportunity to go out and be heard. Thank you.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. Earlier this week I read the great story in the Philadelphia Metro about our young people, but more specifically about SEPTA police and how they're doing a better and a stronger job around taking young people off the streets and returning them to school around the issue of truancy, but I'm -- or I would say an equally disturbing story hit our airwaves Wednesday night, which has made my heart ache, and I want to speak on that. It is about the suicide of Tyler Clementi, an 18-year-old who just recently left home to attend Rutgers University, and for sure it has shaken up the institution there. I would hope, however, that the suicide of Tyler Clementi has captured the hearts of anyone who directly or indirectly touches on the lives of young people. Here are the facts, Madam President: Nine out of ten gay youth report being harassed. Gay youth are four times more likely to commit suicide than their straight counterparts. So to think that two minority students, an Asian female student at Rutgers University and an East Indian male student at Rutgers University, will use as sport the filming or spying of another young person, another minority student, a student, for me is a tragedy. This tragic news of the talented young man who took his life because his roommate secretly recorded him and shared video on social networks should give us pause. We need to make sure we use this as a teachable moment, and I did this morning while taking my daughter to school. It is important to teach our children at a young age to understand the concept of privacy, to understand how to use technology in a responsible way so it does not violate someone else's privacy and thereby harms their lives inadvertently. Unlike when we were young for sure -- I can only speak for myself -schools were places where young people, we learned to use technology quite differently than what we see today. It is not unusual to see young people taking their phones to parties and on the ball field and in the classroom because of the has. I'm of the view as a former teacher that schools and teachers who are indeed beginning to teach it in the high schools, we need to start earlier. More needs to be taught at the earliest age possible about the appropriate, responsible use of social networking. This incident further reminds us that the social stigma of being gay is still that, a stigma. That a young man would take his life because of posted video images are heart-wrenching. Three families' lives have now been destroyed. So I believe all of us, teachers in the classroom, pastors in the pulpit, anybody who touches the lives of young people, we have to be vigilant in teaching tolerance and teaching others that just because you are different doesn't make you better. We still have work to do, Madam President, and my heart goes out to all those young people who are a minority and live with someone else ridiculing them because they appear different. Thank you, Madam President.
You're welcome. The Chair recognizes Councilman Jones.
Thank you, Madam President. I want to thank my colleagues the other day that sat through the Joint Committee on Environment, Transportation and Public Utilities hearing on Marcellus Shale. It was a lengthy hearing that many colleagues, particularly Councilman Kenney, Councilwoman Blackwell, Brown, O'Neill and Greenlee, helped get the City through. Late yesterday afternoon, the House passed the shale gas production tax, Senate Bill 1155. This gives a rate of 39 cents per cubic feet for gas ferreted from the Marcellus Shale find. when the Governor or the Senate will take action on this measure, but one thing was clear about these hearings, that there were more questions than answers that particularly were germane to Philadelphia's water system. And I want to say, before we graciously accept the severance package offered by the mining community, that we need to take the time to work with the Environmental Protection Agency to do a study first before we implement policy that we may, may never be able to correct again and our grandchildren will have to pay for. Thank you.
You're welcome. The Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. I would be remiss if I did not take this opportunity before my comments to thank the Council leadership, including yourself, President, and the 15 co-sponsors of our BPT legislation. It is with the support -- and Councilman O'Neill reminded me that it is not always as easy for freshmen, as is the case for Councilman Green and myself, to be able to participate in the legislative process as we have. So I wanted to take an opportunity to thank the leadership, you, Tasco, O'Neill and Rizzo, for your support and the other co-sponsors, Goode, Reynolds Brown, DiCicco, Kelly, Rizzo Clarke, Greenlee, Krajewski, Donna Reed Miller, for their support and look forward to that. I wanted to add one thing as we were celebrating or recognizing domestic violence, that the last two rape victims were from my councilmanic district, and I wanted to just send my heartfelt sincere sentiments to those two women, the one found in Fairmount Park and this morning in the 2600 block of Hancock, both from district, and encourage people as my colleague, Donna Reed Miller stated, to attend tonight's forums so that we can become more informed about how we can help with this kind of crime wave against women that is occurring, particularly in the last 48 hours. So thank you.
Thank you. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I'd just like to thank Councilwoman Brown for her comments relative to the incident at Rutgers, but I want to add to that the whole notion of this social networking, because this past summer -- and it was brought to my attention just recently by Vernon Price, who works in the DA's Office, that there was a young man in my -- that was in one of the schoolyards in my district who was forced to strip by some of his -- some of boys, and then they filmed him and put it on Facebook. And it's just very, very painful to see that these young men and women are being totally irresponsible in their behavior. You know, we put a lot on the schools and everyone else, but I also want to caution and call on the parents to be more alert and more responsible in controlling the behavior of their children and at least trying to teach them some values about self-respect and respect for others, too. So it's just very agonizing. I've spoken to the Mayor about the increase in this violence in the community, particularly between the young people ages 13, 14, 15, and that we have to find some way to address this issue, because we cut out some of the programs that we had to address these issues with these young people, and I'm calling on the Mayor again that we have to find some way to provide services to these young into a more positive activity. I also want to tell the people of the Ninth Councilmanic District and the 203rd Legislative District that the community Quality of Life meeting tonight scheduled for Saint Williams at Rising Sun and Robbins will continue and that the Second District will hold their commissioners meeting at the same time and we urge people to come out. And I say that because of the rain, the possibility of rain. We will still have that Quality of Life town meeting tonight at Saint Williams and we urge all of our constituents and anyone else who would like to come out to join us. Thank you.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I would like us to Staff, who has graced us with her presence today, for the Office of the Sheriff, and that is Patricia A. Bryant joins us today. (Applause.)
Thank you, Madam President. I would like to congratulate Councilwoman Sanchez and Councilman Green on the proposal to reform the business privilege tax this morning. Without getting into any detail, it's an exciting proposal, and I think everyone should recognize it. The legislation has the opportunity to be a game-changer in this City in terms of keeping businesses here and jobs here with those businesses, but also bringing businesses that otherwise wouldn't come in to the City because of the unfair tax structure we presently have, which rewards companies for being outside the City and punishes companies I hope everyone takes this very seriously and that whatever we're going to do on it, we do it in fairly rapid fashion, because I don't want to see it get lost in the budget when we have the time now. We have some distractions, but I think that's what they are in terms of competing with this, just distractions, and I hope this becomes a priority of the whole Council in terms of weighing in on it. And I also want to thank the President for allowing Econsult, led by Mr. Mullin, because I think that is really -- I mean, these Councilmembers have worked for a couple years on this, but I think what happened over the summer with Econsult now has it at the point where I understand it and it's easy to explain to people. And so this could be a real change, and I just want to congratulate them for bringing something to the floor that has this level of City. Thank you.
Thank you. Does anyone else want to be recognized? (No response.)
Seeing no one, the Chair recognizes Councilman Clarke for a motion to adjourn.
Thank you, Madam President. I move that Council stand adjourned until Thursday, October 7th, 10:00 a.m., 2010. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, October 7th at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it, and Council will be adjourned until Thursday, October 7th. Thank you. (Stated Meeting adjourned at 11:40 a.m.) CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on September 30, 2010, and that this is a true and correct transcript of same. MICHELE L. MURPHY RPR-Notary Public (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.)