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Minutes

Stated Meeting, May 25, 2006

Philadelphia City CouncilMay 25, 2006

People mentioned

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

Organizations mentioned

Council President Verna

Aye. The ayes are 15; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 060140.

Chief Clerk

An ordinance amending Section 14-305 of The Philadelphia Code, entitled "C-4 Commercial and C-5 Commercial Districts."

Council President Verna

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.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. 5/25/06 - STATED - 2ND READING

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill. 5/25/06 - STATED - 2ND READING

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco voting aye. Council President Verna.

Council President Verna

Aye. The ayes are 15; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The next bill to be considered is Bill No. 060006.

Chief Clerk

An ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternative tax computation for the business privilege tax, by reducing certain tax rates, under certain terms and conditions. 5/25/06 - STATED - 2ND READING

Council President Verna

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.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski. 5/25/06 - STATED - 2ND READING

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco voting aye. Council President Verna.

Council President Verna

Aye. The ayes are 15; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. 5/25/06 - STATED - 2ND READING The Chief Clerk will please read the title of Bill No. 060014.

Chief Clerk

An ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled Business Privilege Taxes," by adding a new exception from the definition of "Receipts," under certain terms and conditions.

Council President Verna

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

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye. 5/25/06 - STATED - 2ND READING

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Council President Verna

Councilman O'Neill, we're considering Bill No. 060014.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye. 5/25/06 - STATED - 2ND READING

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco voting aye. Council President Verna.

Council President Verna

Aye. The ayes are 15; the nays are zero. A majority of all members having voted in the affirmative, this bill passes. We will now consider Bill No. 060089.

Chief Clerk

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

Council President Verna

Thank you. Councilman Nutter, your light 5/25/06 - STATED - 2ND READING is on. Did you want to be recognized?

Councilman Nutter

Yes, Madam President.

Council President Verna

The Chair recognizes you.

Councilman Nutter

Thank you, Madam President. Madam President, this particular piece of legislation in any number of forms has been around this Council for some time. The issue of tax reform for the City, multi-year tax rates and planning and the stability that it provides I'm sure will continue to be an issue of debate, not only in these Chambers but out in the general public. I certainly plan to continue to talk about the need for multi-year tax reductions to improve our economy. I am sure that other members of this body will as well, and so as we take our vote today and we've already voted one tax measure which, of course, has passed, I would only suggest that this is an issue that 5/25/06 - STATED - 2ND READING just will not go away. It is important to the City. It's important to its future. It's important to anyone who wants to continue in business here or anyone we want to encourage to come and have a business here and also retain residents and young people who might actually want to have a job here in Philadelphia. So I only suggest to you that regardless of the outcome, this particular issue will continue to be an important issue for the City of Philadelphia and its future. Thank you, Madam President.

Council President Verna

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

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No.

Chief Clerk

Councilman Clarke. 5/25/06 - STATED - 2ND READING

Councilman Clarke

No.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: No.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

No.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

No.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

No.

Chief Clerk

Councilman Ramos. 5/25/06 - STATED - 2ND READING

Councilman Ramos

No.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

No.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

No.

Chief Clerk

Councilwoman Tasco voting no. Council President Verna.

Council President Verna

No.

Chief Clerk

The ayes are four; the nays are 11. The bill fails.

Council President Verna

The ayes are 11? No; they're four.

Council President Verna

You said the opposite. The ayes are four; the nays are 11.

Chief Clerk

The bill fails.

Council President Verna

Fails.

Council President Verna

I thought you said passes. The bill fails. 5/25/06 - STATED - 2ND READING We will now consider Bill No. 060090.

Chief Clerk

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

Council President Verna

The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. Madam President, I had asked that this bill be held, although in caucus originally it was being called up.

Council President Verna

Originally in the caucus we were told you were moving it.

Councilman Nutter

Yes. And there was conversation on the floor. Sorry about that, Madam President.

Council President Verna

That's okay. 5/25/06 - STATED - 2ND READING

Councilman Nutter

Thank you.

Council President Verna

Councilman O'Neill, did you want to be recognized?

Councilman O'Neill

Yes, Madam President. I would just like to speak on the -- there's tax bills in front of us, some of which are passing and some of which aren't, some of which are being held. I think it's very important to note that the bill that is passing today, the Mayor's bill dealing with two years of small tax cuts, the bills of Councilman Nutter that reflect not just those two years but an additional three following the schedule in the Mayor's Five-Year Plan, I think it's important that a "no" vote on the five-year bills is not a vote against tax reform or tax reductions, but it's recognizing two things, neither of which is unimportant. One is that as part of the budget negotiations, there was a discussion 5/25/06 - STATED - 2ND READING about needing money in the Five-Year Plan to make the numbers work so that additional monies could be put in for a variety of areas, including public safety and public health. But, more importantly, I believe, is that it's a battle we can't win. We know that. But it's a battle over very small amounts of money in terms of the size of our budget. And from a strategic standpoint, if we were to pass a five-year bill that had small cuts, not just in the last two years of the Street Administration which the Mayor agrees with, but three years into the new Administration, the next Administration, I think it actually hurts the tax reform, the business tax reduction effort, because it takes it off the table for the new Administration and really doesn't have any impact, meaningful impact, on the business privilege tax. Let the people running for Mayor, let the debate and the commitments 5/25/06 - STATED - 2ND READING come out in that process dealing with tax reductions. It's clear that there are nine votes to support significant tax reduction, much deeper than anything on the table before us today, whether it's for two years or five years. And if the new Mayor articulates a vision and a commitment to that kind of reduction, there are nine votes to support it. There are clearly not 12. And I don't think we gain anything in the next two or three weeks as we're trying to wind down a whole lot of business to get into a fight that we know we can't win, that will be ugly and is over virtually almost no money. $5 million in the scope of the business privilege tax per year is really not doing anything for the business community of meaning. So I think we cut it -- where this Mayor supports two years, fine. Let the next Mayor either make the commitments or not make them, knowing 5/25/06 - STATED - 2ND READING there are nine votes in the Council, assuming people return that support that position, and that it would be a very difficult struggle to get to 12. Thank you.

Council President Verna

You're welcome. Councilman Nutter, you want to be recognized?

Councilman Nutter

Yes. Thank you, Madam President. I appreciate my colleague, Councilman O'Neill's, comments. Just two quick items. The Councilman is absolutely correct that the amount of money in question is relatively small, although I would again point out that the rates in the Bill 060089 exactly mirror the present rates at least in the Five-Year Plan, so the cost is zero, because the Administration has already accounted for those costs. There may be subsequent changes to the Five-Year Plan for different reasons, and I don't know that 5/25/06 - STATED - 2ND READING any of us know at the moment what those new rates would be, but I think the argument is that if the end amount is so little, then why is the fight so big? Secondly, I would say, with a little bit of tongue and cheek, I think based on at least my track record here in this body that for tax reform purposes, it should be crystal clear that at least in one particular Administration, we probably would not have these kinds of fights about taxes and tax reform. Thank you, Madam President.

Council President Verna

You're welcome. I would ask the Chief Clerk to please read the title of Bill No. 060292.

Chief Clerk

An ordinance amending Section 14-1611 of The Philadelphia Code, entitled "Benjamin Franklin Parkway Controls," under certain terms and conditions.

Council President Verna

Thank you. 5/25/06 - STATED - 2ND READING The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Madam President, I want to offer an amendment to this bill. It has been circulated earlier. This amendment essentially expands parts of the Parkway District that was under discussion. I've met with a couple of community groups bordering the Parkway and they've indicated the need to have some additional areas in the pending Parkway height controls bill. So I would like to offer this amendment at this time. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? 5/25/06 - STATED - 2ND READING (No response.)

Council President Verna

The ayes have it and the motion carries. We will now consider Bill No. 060143.

Chief Clerk

An ordinance authorizing the Commissioner of Public Property, on behalf of the City, to enter into a further amendment to a lease between the City and the Far Northeast Senior Citizens.

Council President Verna

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.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman 5/25/06 - STATED - 2ND READING DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.

Chief Clerk

Councilwoman 5/25/06 - STATED - 2ND READING Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco voting aye. Council President Verna.

Council President Verna

Aye. The ayes are 15; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 060203.

Chief Clerk

An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to acquire fee simple title in Tinicum Township, Delaware County.

Council President Verna

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. 5/25/06 - STATED - 2ND READING

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter. 5/25/06 - STATED - 2ND READING

Councilman Nutter

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Aye.