The Chair Stated - 5/26/05 thanks the gentleman. The Chair recognizes Councilman Rizzo.
Thank you. The next order of business is reports from committees. The Chair recognizes Councilwoman Blackwell for a report from the Committee of the Whole.
Thank you, Madam President. The Committee of the Whole reports out seven bills and one resolution with a favorable recommendation.
Excuse me. Aren't there nine bills? The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia: The Committee of the Whole, to which Stated - 5/26/05 was referred Bill Number 040767, entitled, an ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternate tax computation for the business privilege tax by reducing certain tax rates. And Bill Number 050001 entitled, an ordinance to adopt the capital program for six fiscal years 2006 to 2011 inclusive. And Bill Number 050002 entitled, an ordinance to adopt a fiscal 2006 capital budget. And Bill number 050003 entitled, an ordinance adopting the operating budget for fiscal year 2006. And Bill Number 050451 entitled, an ordinance amending Title 19 of The Philadelphia Code entitled, finance, taxes and collections, by creating a new Chapter 19-3400 entitled, excise tax on outdoor advertising transactions. And Bill Number 050452 entitled, an ordinance amending Chapter 19-1200 of The Philadelphia Code entitled, parking tax, to Stated - 5/26/05 provide a tax on valet parking transactions. And Bill Number 050453 entitled, an ordinance amending Title 9 of The Philadelphia Code, Section 9602, entitled, outdoor advertising, by amending the requirements for obtaining the conditions for issuance of license. And a resolution, Resolution Number 050022 entitled, a resolution providing for the approval by Council of the City of Philadelphia of a revised five-year financial plan for the City of Philadelphia covering fiscal years 2006 through 2010 and incorporating proposed changes, with respect to fiscal year 2005, which is to be submitted by the Mayor to the Pennsylvania Intergovernmental Cooperation Authority, respectfully reports it has considered and amended the same and returns the attached bills and resolution to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Blackwell. Stated - 5/26/05
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill Numbers 040767, 050001, 002, 003, 451, 452 and 453.
Thank you. It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill Numbers 040767, 050001, 050002, 050003, 050451, 050452, and 050453. All in favor will say aye. (Chorus of "ayes.")
The ayes have it, and the bills just read will be placed on today's first reading calendar. Resolution Number 050022 will be placed on our calendar for our next week's session. Stated - 5/26/05 The Chair at this time recognizes Councilman Clarke for a report from the Rules Committee.
Thank you, Madam President. The Committee on Rules reports five 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 Rules, to which was referred Bill Number 050230, entitled, an ordinance amending Title 14 of The Philadelphia Code entitled, zoning and planning, by amending Chapter 14-200, entitled, residential districts, by amending requirements relating to courts and certain residential districts. And Bill Number 050232 entitled, an ordinance amending Title 14 of The Philadelphia Code entitled, zoning and Stated - 5/26/05 planning, by increasing the permissible height for fences located on the front line of certain properties and residential districts. And Bill Number 050233 entitled, an ordinance amending Title 14, entitled, zoning and planning, to add definitions for certain architectural features that are commonly located on residential buildings. And Bill Number 050285 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 Essington Avenue, 67th Street and the former Pennypack Avenue. And Bill Number 050339 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, the Delaware River and the Frankford Creek, respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation. Stated - 5/26/05
Thank you. The Chair recognizes Councilman Clarke.
I move that the rules of Council be suspended so as to permit first reading this day of Bills Number 050230, 050233, 050285, 050339.
Thank you. It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just read. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the bills just read will be placed on our first reading calendar for today. Bill Number 050232 will be placed on Stated - 5/26/05 our first reading calendar for next week. The Chair now recognizes Councilwoman Blackwell for a report from the Committee on Finance.
Thank you, Madam President. The Committee on Finance reports out six bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the title of the bills for the report.
To the President and members of the Council of the City of Philadelphia: The Committee on Finance, to which is referred Bill Number 050295 entitled, an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, in an amount not to exceed $6 million to assist in the development of the Mill Creek Development Project. And Bill Number 050297 entitled, an ordinance authorizing the Philadelphia Stated - 5/26/05 Authority for Industrial Development to file an application with the Office of the Budget in an amount not to exceed $500,000 to assist in the construction, rehabilitation and renovation of Pleasant Hill Park. And Bill Number 050299 entitled, an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, in an amount not to exceed $2 million to assist in the renovation of Simons Recreation Center. And Bill Number 050343 entitled, an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, in an amount not to exceed $500,000 to assist in the renovation and expansion of the Roxborough YMCA facility. And Bill Number 050416 entitled, an ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget, in an amount not to exceed $2.5 million to Stated - 5/26/05 assist in the construction, renovation and expansion of the emergency room in the Mercy Nazareth Hospital in Philadelphia. And Bill Number 050454 entitled, an ordinance amending Bill Number 040765 entitled, an ordinance approving the fiscal year 2005 capital budget provided for expenditures for the capital purposes of the Philadelphia Gas Works, by approving the revised capital budget for fiscal year 2005 respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. 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 Numbers 050295, 297, 299, 343, 416 and 454.
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just read. All in favor will please indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the bills will be placed on our first reading calendar. The Chair now recognizes Councilman Mariano for a report from the Committee on Licenses and Inspections.
Thank you, Madam President. Committee on Licenses and Inspections reports six bills with a favorable recommendation.
Thank you. Stated - 5/26/05 The Chief Clerk will please read the report.
To the President and members of the Council of the Philadelphia: The Committee on Licenses and Inspections to which was referred Bill Number 040595, entitled, an ordinance amending Title 9 of The Philadelphia Code, by amending Section 9605, to prohibit certain towing upon establishments of a rotational towing system. And Bill Number 050203 entitled, an ordinance amending Title 9 of The Philadelphia Code entitled, regulation of business, trades and professions, by providing that no license or permit shall be issued or renewed if the applicant is delinquent in the payments of any City or School District taxes. And Bill Number 050204 entitled, an ordinance amending Title 4 of The Philadelphia Code entitled, the Philadelphia Building Construction and Occupancy Code, by providing that no license or permit required by Title 4 shall be issued or renewed if the Stated - 5/26/05 applicant is delinquent in the payment of any City or School District taxes. And Bill Number 050266 entitled, an ordinance amending Title 9 of The Philadelphia Code entitled, regulation of business, trades and professions, by providing further for the filing of rates by public parking garages, under certain terms and conditions. And Bill Number 050267 entitled, an ordinance amending Title 4, subcode A, The Philadelphia Administrative Code, to clarify the types of permits in connection with which the Department of Licenses and Inspection may charge fees for providing accelerated plan reviews. And Bill Number 050342, entitled, an ordinance amending Chapter 10-1800 of The Philadelphia Code entitled, vicarious liability for student conduct, by amending the definition of educational housing district to include the 8th Councilmanic District, respectfully reports it has considered the same and returns the attached Stated - 5/26/05 bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Mariano.
Madam President, I move that the rules of Council be suspended so as to permit first reading this day of Bill Number 040595, 050203, 050204, 050266, 050267 and 050342.
It has been moved and properly seconded that the rules of Council be suspended to as so permit first reading this day of the bills just read. All in favor will indicating by saying aye. (Chorus of "ayes.")
The ayes have it, and the motions carries. Stated - 5/26/05 The next order of business is the consideration... I'm sorry. Councilman Cohen, did you want to be recognized?
Yes. I want to know, is there anyone on the staff who knows whether the amendment promised by Commissioner Sovilive to eliminate the word "primarily" in the bill on outdoor advertising, referring to our billboards, whether that was carried out. I understand there's some question. And if so, I'd have to offer an amendment at the next meeting which would delay passage for another week. And in order to avert that, if the bill was properly amended, as both Mr. Sovilive and the administration said it would be, then that would be avoided. Does anybody have an answer to that?
No. I am Stated - 5/26/05 being told that Mr. Sovilive has not introduced or submitted an amendment.
We were told by Mr. Sovilive that that would be done at the time of introduction. So, I would like to ask that that bill be recalled, solely for the purpose of amending that word out. There was full agreement by the administration, the Commissioner, and by the Council that that word ought to go out. Otherwise, it will hold everything up next week.
Councilman, I would like to remind you that that is one of the budget bills. And I don't recall Mr. Sovilive saying that he had...
Well, could I ask the President to ask that he come at once?
I'm asking the President to ask him to appear here immediately. Stated - 5/26/05 I raised that question with him and, it was as clear as a bell could be.
Can someone call the Commissioner? Councilman, we are simply reporting the bills out of committee. During the course of the first reading of the bill, if you want to suspend the rules and offer an amendment, we would be more than happy to entertain that.
I would like to move... If I have the approval of the President, I would like to ask to move to suspend the rules of City Council to permit consideration of an amendment eliminating solely one word in Bill Number...
Councilman, can you wait until that bill is called -
The next order of business is the consideration of the calendar. I would ask the Chief Clerk to please read the bills on the first reading calender.
Bill Number 050190, an ordinance dissolving the Networks Tax Increment Financing District, being the area generally bounded by 16th Street on the west and 15th Street on the south.
I'm sorry. The noise level is much too high. We are trying to conduct business. Anyone having a private conversation, I would ask you to do so in the corridor. Please continue, Mrs. Rafferty. Stated - 5/26/05
Bill Number 050236, an ordinance dissolving the 1600 North Broad Tax Increment Financing District and creating the Avenue North Tax Increment Financing District.
And Bill Number 040767, an ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternate tax computation for the business privilege tax.
And Bill Number 050001, an ordinance to adopt a capital program for six fiscal years, 2006 through 2011, inclusive.
And Bill Number 050002, an ordinance to adopt the fiscal 2006 capital budget.
And Bill Number 050003, an ordinance adopting the operating budget for fiscal year 2006.
And Bill Number 050451, an ordinance amending Title 19 of The Philadelphia Code, entitled finance, taxes and collections, by creating a new Chapter 19-3400 entitled, excise tax on outdoor advertising, under certain terms and conditions.
And Bill Number 050452, an ordinance amending Chapter 19-1200 of The Philadelphia Code entitled, parking tax, to provide for tax on valet parking transactions.
And Bill Number 050453, an ordinance amending Title 9 of The Stated - 5/26/05 Philadelphia Code, Section 9-602 entitled, outdoor advertising, by amending the requirements for obtaining and the conditions for issuance of license, including the applicable fees, imposing safety requirements, increasing penalties, providing certain reporting requirements, amending certain definitions, and making technical changes, all under certain terms and conditions.
The Chair agrees. And Councilman Cohen, do you want to be recognized at this time?
Yes. I would like to move that the rules of Council be suspended so as to permit consideration of an amendment to Section 8 --
I have not seen a copy of your amendment. Stated - 5/26/05
It's being circulated. It merely removes the word "primarily."
I move that the rules of Council be suspended so as to permit consideration of an amendment to Section 8 of Bill Number 503.
Is there a second? COUNCILMAN DiCICCO: Question.
Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I'm not certain if the rules permit Stated - 5/26/05 discussion at this time on the amendment that's being proposed.
No. COUNCILMAN DiCICCO: Would the Councilman whose -
There's a motion on the floor. I think we either have to vote that motion up or down to suspend the rules. COUNCILMAN DiCICCO: I can't vote for something I don't know about.
He is asking that the rules be suspended so as to... (Discussion held off the record.)
I haven't heard a second. UNIDENTIFIED COUNCIL PERSON: Second.
Okay. It has been moved and seconded that the rules of Stated - 5/26/05 Council be suspended in order that Councilman Cohen offer an amendment to Bill Number 050453. All in favor will indicate by saying aye. (Chorus of "ayes.")
And then there's a separate -- Madam Chair, may I question the Chair?
Your microphone's not on and it's very difficult to hear you.
This is a motion to suspend the rules to allow for an amendment.
So, after this there will be a subsequent motion on the amendment.
Thank you. Again the Chair recognizes Councilman Cohen.
Madam President, I move that the Bill Number that you referred to be admitted into Section 8 by eliminating the word "primarily." UNIDENTIFIED COUNCIL PERSON: Second.
It's a very simple amendment that the administration and Commissioner Sovilive agreed to.
Does anybody have any question on this? The Chair recognizes Councilman O'Neill.
Chair recognizes Councilman DiCicco. Stated - 5/26/05 COUNCILMAN DiCICCO: Thank you, Madam President. Councilman Cohen indicates that the administration agreed to this. I don't recall that. I'm not suggesting that it's not part of the record that they did agree to this change. I don't recall that. So, I'm very uncomfortable at this particular time voting to support this amendment because I'm not certain in my mind whether or not this will have any serious consequences on some of the things that I consider to be murals, that may have some commercial advertisement attached to them. So, I'm not clear. And I'm not prepared today to vote in favor of this amendment because of that uncertainly.
Madam President, I agree with my colleague, Councilman DiCicco, on the same grounds.
Madam President, Stated - 5/26/05 I have no desire to embarrass anybody. That's the reason I asked for the Commissioner to come at once. But then I don't want to hear next week that we don't have any time to consider that amendment, for that will delay the passage.
Will someone call Commissioner Sovilive and find out if in fact he said that. The Chair recognizes Councilman Clarke.
Madam President, I concur with Councilman DiCicco and Councilman Ramos's concern. This is something that I could probably support if I understood what the position was from the Commissioner, the department that's charged with implementing this process. I asked Councilman Cohen if he could possibly delay this amendment until next week, where I'm sure that all members would be willing to vote yea or nay, clearly Stated - 5/26/05 understanding what the position is of the Commissioner.
I think this should be resolved today, as part of the budget.
Councilman Cohen, why don't you have one of your aides contact Commissioner Sovilive and report back to us. I mean, we've never -- We have never called a Commissioner back when we report out a bill from committee. I mean, we're setting all kinds of precedents here, but...
-- call the Commissioner and find out if in fact he has any problem with that.
She's making the call. And we may proceed, as far as I'm concerned. I have no desire to delay anything.
Councilman Cohen, please. Councilman Cohen, please. I am just being told by Mr. McPherson that he did in fact call Commissioner Sovilive, and the Commissioner indicated that he has no problem with your amendments as presented. Now, is that going to... So, can we move forward please? Councilman DiCicco, your light is still on. Do you want to... COUNCILMAN DiCICCO: I have a question for Councilman Cohen, if he would allow me to ask him and engage in one question about this amendment. Councilman Cohen?
Yes. Stated - 5/26/05 COUNCILMAN DiCICCO: I would just like to ask a question from a practical standpoint.
Sure. COUNCILMAN DiCICCO: One of my concerns. If a mural were placed on a wall in the City of Philadelphia, and part of the cost of that mural was as a result of a commercial entity, and the name of that entity were on the mural, would this not cause... would this not create an opportunity for someone who may be against outdoor advertising, open the door for a challenge in court? As an example, in South Philadelphia there's the Sinatra mural, which has many corporate sponsors, including the Daily News, and P.E.C.O. which are good corporate neighbors, but it also includes the name of Johnnie Walker which is the bourbon. I think it's a bourbon drink. Johnnie Walker will also -
You know it's bourbon. Stated - 5/26/05 COUNCILMAN DiCICCO: I don't drink bourbon; that's why. (Laughter.) COUNCILMAN DiCICCO: That's all right. Well, up until today I used to have a bourbon and a cigarette, but I guess I'm going to lose one of those. (Laughter.) (Applause.) COUNCILMAN DiCICCO: Is that for the bourbon or the cigarette, the applause? (Laughter.) COUNCILMAN DiCICCO: I'm just concerned that for people who are opposed to any sort of outdoor advertising -- and they have a right to be -- that this does not open up the door for those groups or individuals to go to the Zoning Board of Adjustment and/or other places and protest this in court because there is some commercial advertisement that is attached to the mural, just by way of one example.
The Chair Stated - 5/26/05 at this point would like to recognize Councilman Mariano, since apparently he's been on his cell phone and has had a conversation with Commissioner Sovilive.
I would put it over the air, but there's probably a federal law against doing that, so I may not want to do that. Sovilive says it makes it stronger. He's happy with what Councilman Cohen is saying. COUNCILMAN DiCICCO: Makes what stronger?
But now, Councilman -- You just said it, Frankie. But Councilman DiCicco brings up a point that I don't know if he's aware of. COUNCILMAN DiCICCO: In what regard? I don't understand.
Bob. He says the murals are... Dave Perry says the murals are excluded. I'm Stated - 5/26/05 going to give the phone to Frankie.
It would have been much easier to have him here. COUNCILMAN DiCICCO: How's the family? Everybody all right? Yeah; what are you doing right now? All right. (Discussion held off the record.)
May I have your attention? The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. After that brief discussion with the L & I Commissioner, the way I understand it is, L & I would not enforce it, a prohibition on that mural being put up as a result of a corporate sponsor. But it would -- and I think the Solicitor... My legislative aide's tell me that the Solicitor agrees with my interpretation that it could open the door for a advocacy group who is against outdoor advertising or an individual to challenge in Stated - 5/26/05 court that mural being placed there because in fact there was some corporate sponsorship which could be interpreted as advertising.
And is that your interpretation, Councilman Cohen? COUNCILMAN DiCICCO: And I'm not suggesting that that is the intent of the amendment, but I think the implications and the end result may result in that challenge. And that is something that I personally will not support.
Councilman Cohen, is that your intention or interpretation of your amendment?
I'm sorry. I don't understand sign language. What are you saying? (Laughter.)
Is that the word "primarily" there, that will be much -
No, I do not agree with a single word that Councilman DiCicco said. (Laughter.)
Councilman Kelly, I notice that your light's been on. Did you want to be recognized?
Yes. Madam President, I have no idea how this amendment is going to affect this bill, but Councilman DiCicco tried to explain it in the best terms that he could. But I'm still confused over what this amendment will do to this bill.
And Councilman, I think we were here till well after 8:30 last night, and the amendment Stated - 5/26/05 certainly could have been introduced at that time.
There was a lot of discussion on these bills, and I think...
And we could have had a full explanation from whoever was introducing it.
The Commissioner said that the bill, when introduced by him, would not include that word. I'm going to ask that the
And if you can't believe what anybody says, let's know it in advance. He said it on the record. I asked him that. I raised the question.
Madam President, I think there's a motion on the floor. Maybe we can proceed.
Okay. There's been a motion on the floor. I think there's been enough conversation on this, and I think we ought to proceed. There was a motion made that the rules of Council be suspended, and it was seconded in order to... Oh, the amendment. Okay. Would the Chief Clerk please read the roll.