COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, June 2, 2005, 10:20 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY 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 JUAN F. RAMOS COUNCILWOMAN BLONDELL REYNOLDS-BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO Stated - 6/2/05 P R O C E E D I N G S
May I have everyone's attention, please. Thank you. I note that the hour has come and that a quorum of this Council is present. Council will please 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 is delighted and welcomes Father Paul Brandt, President of the Roman Catholic High School. He is here today as the guest of Councilman DiCicco. I would ask all members and guests to please rise.
Let us pray. God of all creation, we thank you for the countless blessings that you have given to us, your children. We thank you for the freedom and the bounty that you have given Stated - 6/2/05 to us as citizens of the United States of America. We ask your care over all those who serve to defend our freedom and the freedom of citizens throughout the world. We ask you to continue to guide all those who serve in the government of our City of Brotherly Love. May all that they do reflect the love that you have for us and that we are called upon to reflect to our brothers and sisters. Give members of this Council the wisdom and insight to faithfully serve all people of the City of Philadelphia so that we may live in peace, respect and charity for all of your children. We ask this in your name, amen.
Amen. The Chair thanks Father Brandt for his very inspiring invocation. Council will be at ease. (Pause.)
The next order of business is the approval of the journal of the meeting of Thursday, Stated - 6/2/05 May 26, 2005. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the journal of the meeting of Thursday, May...
It has been moved and properly seconded that the journal of the meeting of Thursday, May 26, 2005 stand approved. All in favor will indicate by saying aye. (Chorus of "ayes.")
The Stated - 6/2/05 ayes have it, the motion carries, and the journal of the meeting of May 26, 2005 is approved. The next order of business is requests for leave of absence. And again, 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 Rizzo.
Madam President, there is no request for leave of absence from the Republicans.
Thank you. 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 Stated - 6/2/05 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. At this time the Chair recognizes Councilwoman Tasco, who will present a resolution declaring June 3, 2005 as Safe Night Philadelphia Day. Will Dr. Victoria Yancey and those accompanying her please join the Councilwoman at the podium. The Chair recognizes Councilwoman Tasco.
And Councilwoman Tasco is being joined by Councilwoman Brown.
Thank you, Madam President. This morning it gives me pleasure to present this resolution declaring June 3, 2005 as Safe Night Philadelphia Day. Stated - 6/2/05 Whereas Safe Night Philadelphia is a city-wide effort to address the issue of youth safety by training students and community-based organizations on how to deal with conflict and anger. And whereas Safe Night Philadelphia was developed from Safe Night U.S.A., a program that reaches and encourages young people across the country to hold safe nights for young people. And a safe night is an event planned by young people and adults which integrates fun with lessons and conflict resolution, leadership development and anger management. And whereas Safe Night U.S.A. originated in the wake of the tragedy at Columbine High School and was adapted by Milwaukee, Wisconsin in the mid 1990's as a response to rising youth homicide rates and...
Whereas Dr. Victoria Yancey, Reverend Diane Fauntleroy, and Michael Johnson brought the Safe Night program to Philadelphia. Stated - 6/2/05 And Safe Night Philadelphia is being hosted by the School District of Philadelphia's faith-based task course, in partnership with the City of Philadelphia, the Urban Family Council, our Philadelphia Police Department, the Urban League of Philadelphia, Mothers in Charge, Philadelphia Phillies, Boys and Girls Club of Philadelphia, the Anti-defamation League, Men United for a Better Philadelphia, our Philadelphia Department of Recreation, and Townwatch Integrated Services and...
Whereas Safe Night Philadelphia will be held in all high schools, boys and girls clubs, YouthNet centers, Police Athletic League centers and other participating sites from 4:00 p.m. to 6:00 p.m. on Friday June 3, 2005. Now, therefore be it resolved by the Council of the City of Philadelphia that we declare June 3, 2005 as Safe Night Philadelphia Day and salute Dr. Yancey, Stated - 6/2/05 Reverend Fauntleroy and Mr. Johnson for bringing this program to Philadelphia. Further resolve that an engrossed copy of this resolution be presented to representatives of Safe Night Philadelphia as an expression of the sincere sentiments of this legislative body. This resolution was introduced by Councilwoman Tasco, Blondell Reynolds-Brown, and sponsored by all member of City Council. And we thank you and congratulate you, and appreciate all your hard work, my sister, my friend. (Applause.)
Thank you and good morning to the President and Members of City Council Philadelphia. First of all, I thank God and I thank you for this honor and acknowledgment of my work in the field of education and safety for the children of the City of Philadelphia. As guardian angel of the Stated - 6/2/05 City of Philadelphia, as I have come to be known, it is a wonderful feeling to be acknowledged in this way. I especially would like to thank City Councilwoman Marian Tasco for her hard work and support for the Safe Night Philadelphia initiative that will take place tomorrow, June 3rd, between the hours of 4:00 and 6:00 p.m., in an effort to have no students arrested, admitted to the hospital, harmed or hurt in any way; but to be in a safe, caring environment, provided in over 300 locations around the city, but not just tomorrow, but to have their safe doors open to students every week of the year. I thank Mr. Paul Vallas, CEO of the school district, for being a visionary and recognizing that the needs of the students go far beyond the walls of the schools. Again, I thank you for this wonderful opportunity and this recognition. (Applause.)
Good Stated - 6/2/05 morning. My name is Reverend Diane Fauntleroy. I thank God, first of all, for allowing us go to come together to do a Safe Night in Philadelphia, Pennsylvania, and I thank you for being a part of Safe Night Philadelphia. Our aim is, as Dr. Yancey said, not for one child to be hurt, to be admitted to the hospital, to have any tragedies. And I would like to thank Marian Tasco for being such a blessing to Safe Night Philadelphia, and Mr. Paul Vallas. And also, we would like to thank you. As you continue to work together in unity, we will have unity in these communities of Philadelphia. God bless you and thank you.
Good morning. Michael Johnson, Chairperson for Safe Night Philadelphia. I want to thank the City Council for supporting this event tomorrow. Let me tell you, tomorrow is going to be an Stated - 6/2/05 exciting event. We're going to have Safe Night activities taking place from 4 to 6 o'clock tomorrow simultaneously, at the same time in Boys and Girls Clubs, in YMCA's, in our high schools, in our middle schools, in partnership with faith-based organizations. This is a phenomenal event. What we decided to do was that we didn't want Safe Night Philadelphia to be a one-day "feel good" type of event. That's why we're partnering with faith-based institutions, community-based organizations to organize events on a regular basis for young people during the summer. So we're now seeing this Safe Night Philadelphia which is going to take place every Friday and every Saturday night in partnership with the Department of Recreation to keep young people safe in our community. So we thank you all for your support. We hope that you can come out tomorrow. If you go on our web site at Stated - 6/2/05 www.phila.k12.pa.us, there's a list of every organization that's participating in Safe Night Philadelphia. So we thank City Council for their support, we thank the Mayor for his leadership, we thank Councilwoman Tasco for supporting us in Safe Night Philadelphia, and we hope that we can get you all involved tomorrow. Thank you. (Applause.)
The Chair now recognizes Councilman Ramos, who will present a resolution recognizing June 4th through June 12th as Philippine Independence Week. Will the president of the Filipino Executive Council please join the Councilman at the podium. I understand that Councilman Clarke will be joining Councilman Ramos for the presentation. Stated - 6/2/05
Good morning. A resolution recognizing and honoring the week of June 4th through June the 12th as Philippine Independence Week. Whereas this year will mark the 107th anniversary of the Philippines declaration of independence from Spain in 1898, establishing the first constitutional democracy in Asia. And whereas the United States and the Philippines fought together in the Pacific during World War II to defend democratic principles, and have remained friends and allies ever since and...
Whereas Filipino Americans are the fastest growing Asian population in the United States. Whereas nearly two million Filipino Americans continue to maintain their rich heritage by celebrating their culture and tradition, enhancing both the quality of their lives and the lives of all Americans. Whereas the Filipino American Stated - 6/2/05 Community of Greater Philadelphia is well over 30,000 strong; and whereas the presence of Filipino Americans in the greater Philadelphia area is also adding to the cultural diversity of Philadelphia, as well as contributing and making great strides in professional fields such as medicine, engineering and educational teachers. Now, therefore be it...
Resolved by the Council of the City of Philadelphia that we hereby recognize and honor the more than 30,000 Filipino Americans living in the City of Philadelphia by declaring the week of June 4th through the 12th as Philippine Independence Week. Further resolved that an engrossed copy of this resolution be presented to Nazario Pidlaoan, Jr., president of the Filipino Executive Council of Greater Philadelphia, as evidence of the sincere respect, deep admiration and high regard this legislative body has for all Filipino Stated - 6/2/05 Americans. Introduced by yours truly, and signed by Anna C. Verna, president of City Council of Philadelphia, and sponsored by all member of the City Council. Congratulations. (Applause.)
My name is Nazario Pidlaoan, Jr. I'm from the FILIPINO Executive Council. On behalf of the Filipino American community in Philadelphia, I would like to thank the City Council, through Councilman Juan Ramos, for recognizing the contributions of the Filipino American community in Philadelphia through this resolution. We will continue to work with the city on various community projects to make Philadelphia the most diversified city in the United States. You're all welcome to attend our Stated - 6/2/05 107th anniversary celebration at the Penns Landing at the flagship Olympia, which played a major part in our independence. Thank you very much and have a good day, everybody. (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 the Members of the Council of the City Philadelphia: I am pleased to advise you that on June 2, 2005, I signed the following bill that was passed by Council at its session on May 19, 2005: Bill No. 050166. And I'm transmitting for the Stated - 6/2/05 consideration of your honorable body a draft of a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Mantua Urban Renewal Area; and a resolution approving the redevelopment contract for the redevelopment and urban renewal of a portion of the Mantua Urban Renewal Area; and a resolution approving the redevelopment contract for the redevelopment and urban renewal of a portion of the Point Breeze East Urban Renewal Area; and a resolution approving the redevelopment contract for the redevelopment and urban renewal of a portion of the Point Breeze East Urban Renewal Area; and a resolution proposing an amendment to the Philadelphia Home Rule Charter providing for mandatory ethics training for all candidates and for persons elected to elective city office; Stated - 6/2/05 and an ordinance providing for the submission to the qualified electors of the City of Philadelphia other proposals set forth in the resolution approved by Council proposing amendment to the Philadelphia Home Rule Charter providing for mandatory ethics training for all candidates and persons elected to elective city offices; and an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 163 of an area bounded by Ridge Avenue, Calumet Street, and the Philadelphia, Germantown and Norristown railroad; and an ordinance authorizing the paving of Driftwood Drive, Fall Circle, Riverview Lane and an extension of Flounders Place; and an ordinance granting permission to Green Street Collaborative to construct, own and maintain two exterior step encroachments to be built in conjunction with a new four-story multi-family dwelling; and an ordinance authorizing the Commissioner of Public Property, on behalf Stated - 6/2/05 of the City of Philadelphia, to execute an easement agreement to Philadelphia University; and an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed for 250 Fountain Street; and an ordinance authorizing the paving of Valley Green Court under certain terms and conditions; and an ordinance authorizing and directing revision of lines and grades on a portion of City Plan No. 299 by placing on the city plan Valley Green Court.
Thank you. The messages will be printed in the journal. The Chief Clerk will please read any communications in her possession.
Thank you. The next order of business is the Stated - 6/2/05 introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the rules of Council be suspended in order to permit the immediate consideration of resolutions at their time of introduction. (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 please indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the motion carries. The Chair recognizes Councilwoman Blackwell. Stated - 6/2/05
Thank you, Madam President. Today, I've introduced eight resolutions and two bills, three resolutions on your behalf and one on my own.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into an agreement to sublease from the Philadelphia Municipal Authority a building located at 4508 Chestnut Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to enter into an agreement Stated - 6/2/05 to sublease from the Philadelphia Municipal Authority a building located at 6901 Woodland Avenue.
This bill will also be referred to the appropriate committee.
And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Point Breeze Renewal Area.
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 please say aye. Stated - 6/2/05 (No response.)
All in favor will please say aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted.
And a resolution approving the redevelopment contract for the redevelopment and urban renewal of a portion of the Point Breeze East Urban Renewal Area.
The Chair again recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has Stated - 6/2/05 been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted.
And a resolution approving the redevelopment contract for the redevelopment and urban renewal of a portion of the Mantua Urban Renewal Area.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the Stated - 6/2/05 resolution be adopted. All in favor will signify by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted.
And a resolution approving the redevelopment contract for the redevelopment and urban renewal of a portion of the Mantua Urban Renewal Area.
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. Stated - 6/2/05 All in favor will say aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted.
And a resolution honoring the students of West Philadelphia High School.
Thank you, Madam President. I believe this resolution is co-sponsored by Councilwoman Blondell Reynolds-Brown. I 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. Stated - 6/2/05 (Chorus of "ayes.")
The ayes have it, and the resolution is adopted.
And a resolution calling on City Council Committee on Housing, Neighborhood Development and the Homeless and the Committee on Health and Human Services to hold joint public hearings to bring attention to the Aids epidemic in Philadelphia, and to examine possible solutions to this crisis.
Thank you, Madam President. This is co-sponsored by Councilwoman Tasco, chair, Health and Human Services Committee, and I move for its adoption. (Duly seconded.)
It has Stated - 6/2/05 been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution will be referred to the joint committee on Housing, Neighborhood Development and the Homeless and also the committee on Health and Human Services.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 36th Ward of City of Philadelphia.
Thank you, Madam President. I move for the adoption of the Stated - 6/2/05 resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted.
And a resolution honoring Patricia L. Smith, director of the city's Neighborhood Transformation Initiative.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.) Stated - 6/2/05
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Cohen.
Thank you, Madam President. In accordance with the policy of the Stated - 6/2/05 President's referral of Home Charter amendments of the chairman and the committee, on behalf of the administration, I'm introducing an ordinance and a resolution. But this is not to be taken as a filing by me of a bill on my behalf. I have not read them, and I take no position.
So you have so indicated. You are introducing them by request?
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of a proposal set forth in a resolution approved by Council proposing amendment of the Philadelphia Home Rule Charter providing for mandatory ethics training for all candidates for and Stated - 6/2/05 persons elected to elective city office, and authorizing the appropriate officers to publish notice and to make arrangements for the special election.
The bill will be referred to the appropriate committee.
And a resolution proposing an amendment to the Philadelphia Home Rule Charter providing for mandatory ethics training for all candidates for and persons elected to elective city office.
The resolution will also be referred to the appropriate committee. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution Stated - 6/2/05 celebrating the 65th anniversary of Nazareth Hospital.
It has been moved and properly seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Mariano.
The Stated - 6/2/05 Chair thanks the gentleman. The Chair recognizes Councilwoman Tasco.
The Chief Clerk will please read the title of the first resolution.
A resolution honoring the United Parents Against Lead for their efforts to end the threat of lead poisoning and other environmental hazards to children.
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. (Chorus of "ayes.") Stated - 6/2/05
The ayes have it, and the resolution is adopted.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 42nd Ward of the City of Philadelphia.
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 please indicate by saying aye. (No response.)
All those in favor will please indicate by Stated - 6/2/05 saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Nutter. Councilman Nutter, do you have any bills or resolutions to be introduced today?
Sorry, Madam Chair. I've got it looks like six bills, one resolution.
The Chief Clerk will please read the title of Stated - 6/2/05 the first bill.
An ordinance authorizing and directing the revision of lines and grades in a portion of City Plan No. 299 by placing on the city plan Valley Green Court.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the paving of Valley Green Court.
This bill will be referred to the appropriate committee.
And an ordinance authorizing and directing the revision of lines and grades in a portion of City Plan No. 163 of the area bounded by Ridge Avenue, Calumet Street and Philadelphia, Germantown and Norristown railroad.
The bill will be referred to the appropriate committee. Stated - 6/2/05
And an ordinance authorizing the paving of Driftwood Drive, Fall Circle, Riverview Lane and an extension of Flounders Place.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed at 250 Fountain Street.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to execute an easement agreement that grants the Philadelphia University an easement to convey storm water from the university's campus.
The bill will be referred to the appropriate Stated - 6/2/05 committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the city deeds located in the 52nd Ward of the City of Philadelphia.
Thank you, Madam President. I move 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. (Chorus of "ayes.")
The Stated - 6/2/05 ayes have it, and the resolution is adopted. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer one resolution on your behalf, and I wish to speak on the resolution at the appropriate time.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution calling on the Pennsylvania General Assembly and Governor Rendell to restore state funding for public libraries to 2002-2003 level of 75 million dollars; thereby enabling public libraries, both in Philadelphia and throughout Pennsylvania, to fully and completely deliver the vast array of vital service they provide to communities throughout the Commonwealth.
The Stated - 6/2/05 Chair recognizes Councilwoman Brown.
It has been moved and seconded. Again, the Chair recognizes Councilwoman Brown.
Thank you, Madam President. I thank you for allowing me to speak briefly on this resolution. And I must first salute you for introducing this today and thank you for allowing me to offer a few words on your behalf. Two years ago I offered up Resolution 030358, which passed unanimously by this Council, and made the request of the General Assembly to enact legislation to fully restore to the Commonwealth budget for FY '04 the full amount of funding that was in the state budget for FY '03. Unfortunately, while there have been modest increases since the initial cut, Stated - 6/2/05 the state has not seen the merit of increasing support, and therefore, to fully restore its funding. Meanwhile, we, on the city level in this body, have been forced to debate the merits of funding our central library renovations against staffing needs of our local branches. I would be remiss if I did not mention the leadership of both Council Members Frank DiCicco and Councilman Michael Nutter, who have kept the library on the front burner of our budget process. However, central library expansion and local staffing is a debate we should not have to have. The state needs to step up to the plate, and as you put it in your resolution, and I quote, Funds from the Commonwealth pay for 15 percent of the Free Library of Philadelphia's budget, and the significant reduction of state funding over the past two years has had a detrimental impact. As a result of the decreased state funding, our library has seen no new purchases of children or adult Stated - 6/2/05 books, videos, tapes, periodicals since December 2003. So we, as a united City Council, have said it before and we are here to say it again: State funding for our libraries should be a high priority for our Governor and members of the state legislature. Your resolution requests again and insists that the state increase funding for our libraries. Thank you, Madam President.
Thank you. It has been moved and seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted. Stated - 6/2/05 The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer one resolution sponsored by all members of Council.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution appointing a nine-person committee, entitled the Living Wage Advisory Committee, pursuant to Section 17-1311 of the Philadelphia Code, the purpose of which shall be to review the implementation and effectiveness of Chapter 17-1300 of the Philadelphia Code, entitled Philadelphia 21 Century Minimum Wage Standard.
Move for the adoption. Stated - 6/2/05 (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Ramos.
Thank you, Madam President. No bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. Stated - 6/2/05 I offer one bill and one resolution.
The Chief Clerk will please read the title of the bill.
An ordinance granting permission to Nancy Trachtenberg, owner of Benna's Cafe, tenant of the property at 1236 8th Street, to operate and maintain an open-air sidewalk cafe on the northwest corner of South 8th Street.
The bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 25th and 31st Wards of the City of Philadelphia.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move for the adoption of the Stated - 6/2/05 resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Chorus of "ayes.")
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.
Madam President, I have two resolutions and one bill. Stated - 6/2/05
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance granting permission to Green Street Collaborative, owner of the property at 2019 to 2023 Green Street, to construct, own and maintain a two exterior step encroachment to be built in conjunction with a new four-story multi-family dwelling.
The bill will be referred to the appropriate committee.
And a resolution authorizing the Commission of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 29th Ward of the City of Philadelphia.
Move for the adoption. Stated - 6/2/05 (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 16th Ward of the City of Philadelphia.
It has Stated - 6/2/05 been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Chorus of "ayes.")
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Kelly.
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
Thank you. The next order of business is reports Stated - 6/2/05 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 four 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 of the Whole, to which was referred Bill No. 050496, entitled an Ordinance authorizing the Commissioner of the Department of Streets, on behalf of the City of Philadelphia, to enter into an agreement with BFI Waste Systems of North America. And Bill No. 050497, entitled an ordinance authorizing the Commissioner of Stated - 6/2/05 the Department of Streets, on behalf of the City of Philadelphia, to enter into an agreement with Transriver Marketing Company. And Bill No. 050498, entitled an ordinance authorizing the Commissioner of the Department of Streets, on behalf of the City of Philadelphia, to enter into an agreement with Waste Management Systems of Pennsylvania. And Bill No. 050499, entitled an ordinance authorizing the Commissioner of the Department of Streets, on behalf of the City of Philadelphia, to enter into an agreement with Republic Services of Pennsylvania, 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 Stated - 6/2/05 you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 050496, 97, 98 and 99. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading today of Bill Nos. 050496, 050497, 050498 and 050499. All in favor will indicate by saying aye. (No response.)
Apparently, we're all being very distracted today. All those in favor will please indicate by saying aye. (Chorus of "ayes.")
The Stated - 6/2/05 ayes have it, and the bills just read will be placed on the first reading calendar for today. The Chair recognizes Councilwoman Blackwell for a report from the Committee on Housing, Neighborhood Development and the Homeless.
Thank you, Madam President. The Committee on Housing, Neighborhood Development and the Homeless reports out 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 Housing, Neighborhood Development and the Homeless, to which was referred Bill No. 050059, entitled an ordinance adding Chapter Stated - 6/2/05 21-1600 of the Philadelphia Code, entitled Housing Trust Fund, to create the Philadelphia Housing Trust Fund and establish the purpose for which monies in the fund may be used. And Bill No. 050294, entitled an ordinance authorizing the Director of Housing and Community Development, on behalf of the City, to file applications with the United States Department of Housing and Urban Development for a community development block grant, 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 Nos. 050059 and 050294. Stated - 6/2/05 (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. 050059 and 050294. All in favor will please indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the bills just read will be placed on the first reading calendar for today. The next order of business is consideration of the calendar. The Chief Clerk will please read the bills on the first reading calendar.
Bill No. 050232, an ordinance amending Title 14 of the Philadelphia Code, entitled Zoning and Planning, by increasing the Stated - 6/2/05 permissible height for fences located on the front lot line of certain properties in residential districts.
And Bill No. 050496, an ordinance authorizing the Commissioner of the Department of Streets, on behalf of the City of Philadelphia, to enter into an agreement with BFI Waste Systems of North America.
And Bill No. 050497, an ordinance authorizing the Commissioner of the Department of Streets, on behalf of the City of Philadelphia, to enter into an agreement with Transriver Marketing Company.
And Bill No. 050498, an ordinance authorizing the Commissioner of the Department of Streets, Stated - 6/2/05 on behalf of the City of Philadelphia, to enter into an agreement with Waste Management Systems of Pennsylvania.
And Bill No. 050499, an ordinance authorizing the Commissioner of the Department of Streets, on behalf of the City of Philadelphia, to enter into an agreement with Republic Services of Pennsylvania.
And Bill No. 050059, an ordinance adding Chapter 21-1600 of the Philadelphia Code, entitled Housing Trust Fund, to create the Philadelphia Housing Trust Fund and establish the purposes for which monies in the fund may be used.
And Bill No. 050294, an ordinance authorizing the Stated - 6/2/05 Director of Housing and Community Development, on behalf of the City, to file applications with the United States Department of Housing and Urban Development for a community development block grant.
Thank you. That completes our first reading calendar. Councilman Nutter, may I have your attention a minute. You were not in caucus this morning. I don't know what your desire is or your position is on the bills of yours that are on the second reading and final passage calendar. Of course, we have Bill No. 63A. I assume you're going with that. That's on .
Then I believe the next bill you would have is on , Bill No. 050071.
Based on our earlier discussion, I would ask with regard to Bill 050063A if that be taken out of order, given where it is on the calendar presently.
The Chair recognizes Councilwoman Blackwell Stated - 6/2/05 for the purpose of calling up the bills on the second reading and final passage calendar.
Thank you, Madam President. Today, Bill Nos. 050063A, 050017.
Wait a minute. Let me make sure. 050071, 050215, 050229, 050190, 050236.
It's being held. I'm sorry, Madam President. I'm distracted. 040767; 050001, 2 and 3; 050451, 2 and 3; 050230, 233, 285, 339, 295; 050297, 299, 343, 416; 050454, 595, 203, 204. 266 is being amended. 050267 and 050022. Stated - 6/2/05
I believe Councilwoman Miller indicated that she would like her bill to be called up, 050342.
Councilwoman Blackwell, what is your position -- we're holding the resolution on the very last page, Resolution No. 050022.
I suppose it depends on what we want to do with regard to a vote. But we can hold it for another week.
Thank you. The Chief Clerk will please read the Stated - 6/2/05 title of Bill No. 050071.
An ordinance authorizing the Managing Director, on behalf of the City, to execute a mutual aid agreement creating the Southeastern Pennsylvania Terrorism Task Force, under certain terms and conditions.
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 Cohen, how are you voting on this, sir?
Aye. The ayes are 16. The nays are zero. A majority of all members having voted in the affirmative, the bill passes. I'm sorry. It's 16 to one. Sorry. I'm just trying to rush. The next bill to be called for consideration is Bill No. 050215.
An ordinance approving the second amendment of the redevelopment proposal for the 44th and Stated - 6/2/05 Aspen Urban Renewal Area.
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.
Aye. The ayes are 17. The nays are zero. A majority of all members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 050229.
An ordinance approving the 12th amendment of the redevelopment proposal for the Mantua Urban Renewal Area.
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.
Aye. The ayes are 17. The nays are zero. A majority of all members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 050190.
An ordinance dissolving the Networks Tax Increment Financing District.
This bill, having been read on two different days, the question now is shall the bill pass finally. Stated - 6/2/05 The Chief Clerk will please call the roll.
Aye. The ayes are 17. The nays are zero. A majority of all members having voted in the affirmative, the bill passes. Stated - 6/2/05 The next bill to be called for consideration is Bill No. 040767.
An ordinance amending Section 19-2604 of the Philadelphia Code relating to tax rates, credits and alternate tax computation for Business Privilege Tax by reducing certain tax rates, all under certain terms and conditions.
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.
I'm sorry, Councilman. I didn't see your light on. Yes, sir. The Chair recognizes Councilman Cohen.
As I understand it, this bill will, in due Stated - 6/2/05 course of the next few years, eliminate the taxes generally on business. That seems to be the main function of this Council is to find every way to eliminate taxes on all business. And in return for that, because even those that want to cut all the taxes know that you have to have some to run the city, they want to increase the real estate appraisals so the real property taxes in Philadelphia begin to assume wild proportions as they do in many other communities. So what we're talking about is not just cutting taxes for business, all businesses, but increasing at the same time the real estate taxes. And what does that mean? It means that many of our citizens, usually those less able to fend for themselves, will find themselves eventually living with their children or living on the streets. They're the two main realities. The same group that's advocating these tax cuts on business say that it is Stated - 6/2/05 a good sign when real estate values go up, and the reason it's a good sign is that then tax revenues from real estate taxes go up. And many of us are already worried in Philadelphia about what will happen when the Board of Revision of Taxes goes to a 100 percent valuation assessment on the worth of houses as a basis for taxation. I believe we've cut taxes more than enough to justify Philadelphia being considered a tax haven for those who don't want to pay business taxes. I think the rich are getting by with many wonderful features in Philadelphia they never enjoyed before when the City Council really represented the people rather than representing big business. And when I talk about business, I'm not including the small family businesses. I believe there's got to be a third class of taxpayer considered, and that is a business that lives in the environment of the residential area. The small mom and Stated - 6/2/05 pop stores have to be considered as residential businesses as a combination because they suffer the same way that the residents suffer. What it's going to mean -- and I'm talking to those in this Council particularly who always favor the biggest tax cuts for business, who when a business comes in and asks for a tip of a million dollars will, by their questions, indicate they think the business should have asked for at least double that amount; but that whenever anything is proposed with respect to the needs of ordinary human beings, they question it to the penny, but not when it comes to business. Now, residential businesses, that is, the businesses that make a neighborhood a real residence, should be considered at the same tax level as residents. But that's going to be for another bill. But I want to say I'm voting no on this bill. I think it's a bad bill. And the vote can be 16 to one or it can be a Stated - 6/2/05 thousand to one and I would be voting against it because it's the wrong way to go. What we need is a city that doesn't lose population. And the reason we lose population is that the city has, for example, potholes. The Mayor denies that there are potholes. But talk to the citizens and they'll tell you how, when they drive around Philadelphia, they suffer from enormous potholes. We need more services to retain a good population in Philadelphia. And a good population, to my dear colleagues on this Council, means not only rich colleagues. It means the ordinary people of working people, the poor people. They all go up to make the fabric of the community. Therefore, I say this bill itself is a highly discriminatory bill. It's good only for the big businesses, which will escape taxation in short order under the terms of this bill. And it's a bad bill Stated - 6/2/05 for Philadelphians. At one time we poo-pooed the loss of residents in the city. All we were worried about were the loss of businesses. But we've come to realize that loss of residents is also very severe.
We're now under a million and a half population, and that's getting to be a very dangerous sign for Philadelphia if it can't hold on to that kind of population that gives the city great diversification. So I'm saying from every point of view this is a bad bill and should be defeated. Thank you. )
Thank you, sir. The Chair recognizes Councilman Nutter.
If I could Stated - 6/2/05 ask Councilman Nutter to step aside. I'd just like to ask Councilman Cohen if I could interrogate him on his remarks.
Thank you. Councilman Cohen, I'm just a little perplexed. Last year we were voting on massive cuts in the BPT over a 12-year period, hundreds of millions of dollars. You voted yes, yes, yes, even voted to override the Mayor's veto. This year we're voting on very tiny cuts, almost imperceptible in the budget that we have before us today. And I don't understand. Maybe you could enlighten me on what changed from last year to this year.
Well, a lot of things changed. Like anybody else, I don't like taxes. I've heard complaints about taxes. And I was convinced last year, or whenever it was, that the taxes Stated - 6/2/05 were then too high. But I never under the wildest sense of imagination ever dreamt that anybody would try to eliminate the net profit version of the taxes on business. I thought this bill originally was a bill to eliminate the gross profits tax, a tax which I thought then and think now is unfair because it's a tax on the amount of business done without respect to whether the business is done at a profit or at a loss. And it wasn't until after the votes were in that I came to understand that the goal of tax-cutting was to eliminate taxes on businesses, including taxes on profits. That event occurred at the same time as President Bush's idea that it was more important to give over a trillion dollars in tax money back to very rich people who didn't need a penny of it. Instead of taking care of the men in Iraq and Afghanistan with proper equipment, instead of taking care of human needs, he gave tax money already paid by people under proper Stated - 6/2/05 laws in the United States, he gave that tax money back.
It shows me that at both the local and at the national level there was a drive on to make this country a country that cares solely and totally for the rich and not at all for those that need the government's help.
So last year you were confused? You understood what President Bush was doing in Washington but you didn't understand what we were doing here in City Council?
I thought it almost bordered on criminal for people in Philadelphia to think in terms of eliminating taxes on profitable businesses.
So when you Stated - 6/2/05 voted last year time and again to reduce the Business Privilege Tax by massive amounts and to override the Mayor's veto, you were confused as to what taxes we were trying to cut?
I was confused. I didn't understand it because nobody said then anything other than that we wanted to get rid of this unfair tax on businesses' revenue.
Thank you. The chair recognizes Councilman Kenney -- Nutter. I'm sorry. Councilman Nutter, then Councilman Kenney.
Thank you, Madam President. We are often confused for each other, Councilman Kenney and I. (Laughter.)
Just a couple points. First, just to clear the record -- and I appreciate Councilman Stated - 6/2/05 O'Neill's inquiry. My colleague, Councilman Cohen, in his opening comments made reference to the bill eliminating the Business Privilege Tax in a mere couple years. That is not correct. The bill only provides incremental tax reduction for the next five years, and will not eliminate either component of the Business Privilege Tax within a couple years. That is not correct. Second, there is no bill in front of us that has anything to do with increasing real estate taxes. This Council has not changed the real estate millage rates since 1991. They have been the same. Homeowners or property owners do experience an increase in their assessment because of a very hot real estate market here in Philadelphia, and the Board of Revision of Taxes has the responsibility for assessing property values. When my colleague talks about residential businesses and somehow there's Stated - 6/2/05 a distinction between those businesses and I assume downtown businesses, the reality is that all of the businesses pay the same rate. They pay the same tax. And if large businesses are having difficulties with an onerous tax structure, I can only imagine the difficulty that small businesses are experiencing, whether downtown or in our neighborhoods. Many of our constituents work downtown. That's why public transportation is so important. Thousands of people use it every day, many of whom are either coming downtown for their job from a neighborhood or they are reverse commuting because they can't find jobs in our city in many instances and so they work in the suburbs from where they leave their residential home and go find work outside of the City of Philadelphia. My colleague talks about the need for city services. I agree with him. There's a desperate need for city services. But I don't know that anyone is moving from the Stated - 6/2/05 city to get better services out in the suburbs. I spent a little time out there. My district borders Montgomery County. I've hit a few potholes in Lower Merion. I think it's the environment. I think it's the tax environment. It may be the school environment. It may be open space. There may be a whole host of issues. But I don't know necessarily know that a whole lot of people are moving to get to the better services out in our suburban areas. According to the Bureau of Labor Statistics, the City of Philadelphia last year lost 10,600 jobs. And as a result of that, some people probably left. So when my colleague expresses concern about the need to increase the population in Philadelphia, in many instances people follow the jobs and jobs also follow the people. Our onerous tax structure here is not conducive to keeping the residents that we have or encouraging people to come here. Stated - 6/2/05 Lastly, with regard to whether it was last year or this year, because this bill is the same bill that was introduced two times last year, approved by this Council twice, vetoed by the Mayor twice, and lost by one vote on an override twice, it is the exact same bill with decreases in rates in the gross receipts tax as well as the net income portion of the Business Privilege Tax. The only difference is the cuts are only guaranteed for five years and the schedule was significantly decreased on the net income portion so as to cut the cost. The FY '06 cost of the bill is $600,000. $600,000. I will not enter into the discussion about what the President was doing or what he does in foreign lands and whether it's Iraq or Afghanistan or anywhere else around the world. What I'm primarily interested in is what's going on in West Philly, North Philly, South Philly, the Northeast, the Northwest, and on our river Stated - 6/2/05 wards. That's where my focus is on a pretty regular basis. We need jobs, we absolutely need services, but what our constituents need most is the dignity of work.
And we need to expand our base here in Philadelphia so that we can put our residents to work and they'll get all the services that they need. Thank you, Madam President. )
You're welcome. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I'll be supporting this bill, gladly supporting it today. And with all due respect to Councilman Nutter and his hard work on this bill, it really isn't enough. We needed to do more in the cutting of taxes for business in the city. It is incorrect to say that without Stated - 6/2/05 the expansion of jobs and without the expansion of the population we're ever going to be able to afford adequate services that are necessary for our citizens. As people continue to leave and as jobs continue to leave, the service level goes down because the tax base is shrinking. It flies in the face of any common sense that cutting taxes to preserve jobs and residents will at some point not provide a larger tax base to provide the services necessary. If that were not correct, raising taxes would be the way to go and none of us are advocating that. With all due respect to Councilman Cohen, I think it's unfortunate and incorrect that he has linked the small, minuscule tax cut that we're contemplating here today to the rise in real estate taxes for senior citizens and others who have been long-time residents of the city. First of all, I don't think they're related, number one, as Councilman Nutter Stated - 6/2/05 talked about. But secondly, since 1985 the City of Philadelphia was given permission by the Commonwealth of Pennsylvania to provide tax relief for long-term residents living in what were known as gentrified areas. And there's still gentrification going on, as we speak. Gentrification is a good thing because we have people that are coming in and repairing homes, improving homes, building new homes. But we don't want people who were living in those neighborhoods when they were on the downside to suffer as a result of increased real estate taxes as a result of increased assessment in their property. We have the ability to do it now. Councilman Clarke and I have been talking, and Councilman Clarke has been looking and working and trying to figure out a way where we can adopt a formula that would trigger the notice of gentrification in an area and then allow the city to give those Stated - 6/2/05 long-term residents tax breaks. We have the authority and the ability to do it now. We just need to find the will and the formula to do it. But from my perspective, these miniscule tax cuts have nothing to do with increased real estate taxes for senior citizens or anyone else struggling to keep their homes. We have a responsibility to help them but at the same time growing the tax base, growing our job base, and then be able to provide services through the private sector taxes that we're now doing through the public sector. And I think that it's important that we vote on this bill today aye, in favor of it to pass it, but also important that we continue to look at the cutting of tax rates even more than we have already. Thank you, Madam President. (Applause.)
You're welcome. The Chair recognizes Councilman Stated - 6/2/05 Cohen.
Thank you. Those who advocate this bill love to point out that there's been no increase in the tax rate for real estate in a number of years, and they believe that that's the only problem that exists, no increase in tax rates. Well, that's not at all their theory. The theory is that it is a good thing for values in real estate to rise. It indicates that land is desirable, that people want it, they pay more for it. That's fine for the people that are younger, that work hard, have a good income. But I ask what happens to those who live on Social Security, who don't have anything more than a very small cost of living increase, if they have that, each year. When the value of real estate gets great, your real estate taxes, not the rate of the tax but the actual dollars you pay increases. And when we raise that Stated - 6/2/05 with the people who are sponsoring this bill, they have one answer. Well, you know, if people can't pay the increased taxes, they can always get a reverse mortgage or they can move in with their children. Now, I submit to you that those of us who worked for many years -
The Chair recognizes Councilman Kenney for a point of information.
I'm just curious as to what member of this Council ever made that statement. It's fine in a debate -
I wanted to make sure the record was clear that none of us said that people should move in with their kids.
I did not mean -- I never heard members of Council say that because we're too wise in the way Stated - 6/2/05 of politics ever to say that. We let the outsiders who don't run for office point out those things. They point it out that if a woman is, say, a widow and she can't keep up with her payments, then she can get a reverse mortgage. You know, that's the newest, most popular thing. You pay off your home mortgage. You feel you've worked for 30, 40, 50 years, you now are safe, and then you find you can't make your payments and then the world of business comes up with these very attractive ideas. Change your after-death plans. Don't leave your family an estate. Leave them a mortgage to pay off on your house. Don't give them a free house. So you get a reverse mortgage, which pays you money as long as you live in that house, all the time the debt and mortgage on the house is increasing.
Now, to tell Stated - 6/2/05 an older person whose goal in life often after finishing work is to leave something to the children that now you've achieved the goal where you're going to take away from your children and leave them nothing is to give them a tale of defeat, not of the victory that ought to follow a good hard-working life.
Madam President, I feel like I've fallen through the looking glass. What we need is high taxes and low real estate values and then we'll all be fine. So thank you, Madam President.
I don't think, Madam President, that that's the answer, to tell the people living on -barely making it on Social Security today that what they're going to look forward to in the future is either homelessness or not leaving anything to their children except an increased debt on the home. Stated - 6/2/05
Thank you, sir. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I'll be very brief. For those of you who have not traveled to the 7200 block of Ogontz Avenue and beyond, I encourage you to do so. For the last 20 years, it's been a revitalization of that business corridor led by my state representative, Dwight Evans. But if you travel and visit at that area, you will see a small number of -- a number of small businesses which have moved into that community. I applaud Paul Bill, who has maintained his flower shop on Ogontz Avenue during the blight and now through the revitalization, who has served that community as well as the city as a small business person. He employs neighborhood people in his business as well as the other businesses in the Stated - 6/2/05 community. I support this bill because I agree with Kenney it's not enough, but it does send a signal that we do understand the concerns of small neighborhood businesses who are struggling to stay in the city and provide services and employment for our community. At one point I was somewhat concerned about the bill. But as we went through the budget process and looked at all of the detailed financial information provided to us by our technician, Charlie McPherson, I was amazed to find that we were not at the doom and gloom and all services were going to stop because we passed this bill. And I really find it disingenuous of efforts to try to scare us into looking at possible cuts in services and cutbacks in the departments because we might pass a small -- or accelerate what we tried to do. So I will be supporting this bill because I do think it sends a signal. Stated - 6/2/05 Philadelphia is a great city. It needs to grow. It needs to thrive. We need to encourage businesses to come here so that we can provide jobs for the people who live here, because if they do go to the suburbs, we lose that tax base for the city. So I think I will be supporting the bill. (Applause.)
Thank you very much. The Chair recognizes Councilman Goode.
Thank you, Madam President. I will be supporting this bill as well. Essentially, I enjoy these debates and discussions on strategies for economic growth. And the discussions we had at the Economic Development Summit several months ago led to a predominant recommendation that we do need to do something about business taxes. While we share different strategies Stated - 6/2/05 at times and have different philosophies, I sometimes also think we live in different realities. In my reality, I recognize that real estate does not move. People move. Businesses move. And when businesses move, jobs move. Thank you. (Applause.)
Thank you. The Chair recognizes Councilman O'Neill.
First of all, I'd like to incorporate those remarks as my own. I couldn't have said it any more succinctly. Having supported the total abolition of this tax last year, I find it impossible not to support these miniscule cuts. And I also agree with my colleagues that we have to do more. But this is a start at least. But I was glad to hear from Councilman Cohen about his concern about Stated - 6/2/05 real estate appreciation causing tax assessment increases and tax bills that'll be more than people can afford. I welcome it because last year I had a 4 percent cap bill that would have needed state authorization and I was one vote short. It would have capped the amount you would have to pay on your increased assessment to no more than 4 percent a year, and Councilman Cohen was a no vote on that. So I welcome his conversion. Thank you.
Thank you. The Chair recognizes Councilman Mariano.
Thank you, Madam President. I'm going to vote against this bill along with Councilman Cohen. Although I like his point about sending people to Iraq and not giving them the proper equipment, we could spend hours on that. He was absolutely right about that. That Stated - 6/2/05 has something to do with all this. And what George Bush does has something to do with what goes on in Juniata Park and anywhere in the City of Philadelphia. But the main thing here that everybody is missing is as long as nobody in this Council is sitting on the second floor and doing that budget -- I mean, you may like that guy. You may dislike that guy. Your face may get red when his name comes up. You may take his face and make it a white face with blond hair and put it in your magazine. You may write articles. You can do whatever you want. He is still the Mayor. He's the one that's doing the budget. Many of my colleagues here last week, Councilman DiCicco for one of them, worked hard to save them firehouses and I applaud him for that. It's simple. If we cut taxes, no matter how symbolic, no matter who gets the cut, rich people or poor people, we're all people trying to survive. What happens is services will Stated - 6/2/05 suffer. The very thing that we fought for, the fire stations, the recreation centers, the libraries, the Art Museum, all those places, it's simple. It is really simple. And it's simple as keep it simple, stupid. That's me. It's simple. If you cut taxes, you have to cut services. We can sit here and litigate and talk about and pontificate about different things that are going to go on. But as long as he's calling the shots on the second floor and we cut taxes for no matter who -- I like the people in the chamber. They came in with Bruce Crawley's wife. It was a great presentation. I told them that. I can't be for it. You touch one recreation center in my neighborhood, I have to go back and look at those people that live in my neighborhood. That's what Councilman Cohen is trying to tell us. So I'll be voting with Councilman Cohen to oppose this bill, and everyone else here Stated - 6/2/05 with a conscience should do that. (Applause.)
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I will be voting in support of this bill for all the reasons that have been acknowledged by my colleagues who are supporting it as well. I think it's a great opportunity. I know there have been a number of debates in this Council, and I suspect we will have in the future even more debates when we talk about doing TIF's and/or certain types of tax incentives to specific projects. My colleague, Councilman Cohen, has made an argument eloquently on a number of occasions about why we're playing favorites with certain types of corporations, these big corporations don't Stated - 6/2/05 need these tax breaks. So that debate goes on and has gone on for a long time, and I suspect will continue to go on. I think this is an opportunity for us to offer all the businesses in the City of Philadelphia, not any specific corporation or entity, an opportunity to realize some significant -- or not significant. It's rather insignificant in terms of numbers. But it's a signal that we're sending that we mean business in this town, that we want to reduce taxes because we know that it's important to create and grow jobs. So, again, this is an opportunity to give tax relief to all business, not one or two specific corporations. That has always been the argument for debate in this Council for as long as I've been here. So I will be voting yes in support of this bill. (Applause.)
Thank you. Again, I will repeat, this bill Stated - 6/2/05 having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
The next bill to be called for consideration is Bill No. 050001.
An ordinance to adopt the capital program for the six fiscal years 2006 to 2011 inclusive.
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. Stated - 6/2/05 COUNCILMAN DiCICCO: Aye.
Aye. The ayes are 17. The nays are zero. A majority of all members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 050002.
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.
Aye. The ayes are 17. The nays are zero. A majority of all members having voted in the affirmative, the bill passes. The next bill to be called for Stated - 6/2/05 consideration is Bill No. 050003.
An ordinance adopting the operating budget for fiscal year 2006.
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.
It's not on. Now it is. Do we do this in the middle of a roll call vote? I would suggest that you ask that the rules of Council be suspended.
I move that the rules of Council be suspended in order that I may be able to address this issue. (Duly seconded.)
It has been moved and seconded that the rules of Council be suspended in order that Councilman Kelly have an opportunity to speak on Bill No. 050003. Stated - 6/2/05 All in favor will indicate by saying aye. (Chorus of "ayes.")
The ayes have it, and the motion carries. The Chair recognizes Councilman Kelly.
Thank you, Madam President. Thank you for this opportunity to speak on this. Now, this is an issue which probably the media doesn't give a damn about and maybe most people in this room don't care about that much. But I think it's very, very important. I know with the heightening controversy surrounding the ethics bills and the smoking bills and whatnot it's understandable that they could probably miss this issue. And the issue is the closings of two mini-city halls, one in North Philadelphia, one in Northeast Philadelphia. Stated - 6/2/05 Now, this, to me, is a quality of life issue. It affects many thousands of people who use the services provided by those offices. And I know that right now that Councilwoman Miller, Councilman Mariano and Councilwoman Krajewski have been and will be negotiating with the administration on reopening these offices. Now, that's one of the reasons why I offered an amendment last week. The amendment would have restored the money, the funding, the appropriate funding for if and when they do open this office they would have no financial obstacle blocking their way. And I fully support their efforts in reopening these facilities. I think it is important. You have to remember the two offices probably cost no more than $400,000 in this budget. To the give you an idea, the overhead on the Northeast office alone, that includes the real estate, that includes the electrical and heating and everything else, the overhead on that Stated - 6/2/05 building is $45,000. That's not much to ask for in a 3.4 billion dollar budget. To give you an idea, that office brings in about 38 million dollars in real estate taxes alone. So I think that this is a service that does a great or provides a great service to the people up there. Now, I, along with many other of my colleagues in Council, have supported and fought for the restoration of funding for the Art Museum, the Atwater Kent, the libraries, the recreation centers and the fire department. And I'll tell you that if the mini-city halls was included, I would be a very big advocate for this budget. I would be promoting this budget. I would be supporting it and I'd be voting for it. But I think at this point, because of this omission, which, to me, I think is a blatant slap to the people who use this, who use these offices, and I think that someone has to speak out on their behalf and I am doing that. In fact, I think my Stated - 6/2/05 actions will speak louder than my words because there's no way in hell that I'm voting for this budget because of that omission. I thank you, Madam President.
You're welcome. The Chair recognizes Councilman O'Neill.
Madam President, I will be voting no for the same reasons as Councilman Kelly, on the Northeast office. Thank you.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, I just wanted to commend you and your leadership on pulling together this budget process. It was a very difficult budget. There were substantial amount of cuts proposed by the Stated - 6/2/05 administration, and you've set up a process involving all Council members. Although all of us don't agree on this particular budget, I think it was a fair process. And I would like to publicly commend you for the process that you set up.
I know my good friend, Councilman DiCicco, probably doesn't want me to say this. But I want to commend him on his dogged persistence on the restorations of the fire department and the deployment issue. And I just want to publicly commend him for his great work. It actually assisted some restorations at three of the fire stations in my Counsilmanic District. I also want to thank all of the other members of Council, in spite of your ultimate position, for the process and participating in the process. Thank you.
Thank Stated - 6/2/05 you, Councilman. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I'd like to commend all members of Council for their hard work in this budget process, including those already mentioned by Councilman Clarke. However, I'm voting no on this budget because I believe that this entire crisis was contrived. This entire budget crisis, when the budget first got to this room in the beginning of this process, this entire budget was a contrived crisis to link tax reform to service cuts. Now, in the end the Mayor finds the money magically after we go through months of rallies and meetings and letters and complaints and protests about everything from libraries to fire stations to rec centers and mini-city halls. And all of a sudden now, at the 11th hour, the money magically appears. Stated - 6/2/05 So I am voting no because of the way this Council has been treated. I think the Council members responded appropriately by working hard, by attending rallies, by coming to hearings, by going to meetings. And in the end the Mayor dangles the money right back at us and says, By the way, I think I'll put it back. As a matter of fact, I'll give you more money for the libraries than you wanted in the first place. I believe this is not the way we should be treated. And I will continue to vote no on budgets that treat this Council in this manner. And again, I don't have a problem with any of my colleagues and the way they've acted throughout the course of this. They've performed as they thought they needed to perform because they were trying to protect their constituents on those issues. But in the end he knew he was going to put the money back and he was just trying simply to link tax reform to Stated - 6/2/05 budget cuts. And that hasn't worked obviously because we passed more tax reforms. So I will be voting no.
Thank you. I would ask the Chief Clerk perhaps we should start over again with the roll call.
Councilman Stated - 6/2/05 DiCicco. COUNCILMAN DiCICCO: Aye.
Thank you. The next bill to be called for consideration, Bill No. 050451.
An ordinance amending Title 19 of the Philadelphia Code by creating a new Chapter 19-3400, entitled excise tax on outdoor advertising transactions, under certain terms and conditions. Stated - 6/2/05
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.
Thank you. The next bill to be called is Bill No. 050452.
An ordinance amending Chapter 19-1200 of the Philadelphia Code, entitled parking tax.
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.
Aye. The ayes are 14. The nays are three. Pardon me?
A majority of all members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 050453.
An ordinance amending Title 9 of the Philadelphia Code, Section 9-602, entitled outdoor Stated - 6/2/05 advertising, by amending the requirements for obtaining the conditions for issuance of licenses and making technical changes, all under certain terms and conditions.
Madam Chair, I move to suspend the rules of City Council to permit consideration of an amendment to delete the word "primarily" from Section H and Bill No. 050453. That's the amendment offered last week.
There is no need to suspend the rules. If you will just offer your amendment, we'll be happy to consider it.
All right. Stated - 6/2/05 Thank you. I offer the amendment. I'd like to arrange a distribution to each member. Then I'd like to speak briefly on the amendment. This amendment relates to the distinction between a mural and commercial art. And the sole purpose of the word "primarily" is to have a tax function. A license fee is necessary for all forms of art, mural or otherwise. It's an annual license fee. But the tax is based upon the commercial value. And the word "primarily" is an indication that already the sign-makers are seeking to have the form of a mural art which advertises, say, Trump's Casino as a sponsor listed as a name, they want that considered primarily as a mural rather than as an art. And I think that we need the revenue enough to throw the weight first in the direction of something being taxable. This is not to bar murals in any way. Stated - 6/2/05 All this does is decide whether or not it's commercial enough in order to require a tax payment in addition to license fees. So the argument -- and I noticed in the TV replay of the proceeding no one of us in Council mentioned what the argument was about because I think none of us were actually sure. But the definition that I'm attacking, Section H, is a definition of the word "mural art." And I think the benefit ought to be on the side of the city to make a commercial offering pay its way through taxes rather than to give the advantage to the business and to say it's not taxable. And that's all we're talking about, dollars and cents that are owed. To me, it's a sign that the outdoor sign people are already trying to weigh the thing their way. And I think by eliminating the word "primarily," we're putting the city in the best advantage to get a favorable tax judgment.
Thank Stated - 6/2/05 you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I was not able to completely hear all the comments of my colleague, Councilman Cohen.
It wasn't seconded. He didn't make a motion to adopt the amendment. Councilman DiCicco's light went on, so I'm recognizing him. COUNCILMAN DiCICCO: If you need to make the second, I'll wait for the second.
Well, he's going to have to make the motion first.
No. Just move for the adoption of your amendment. Stated - 6/2/05
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. And thank you, Councilman Kenney, for that delayed second.
When the city needs money, we're all going to vote for --
Councilman, you made a motion. It's been seconded. Someone else is speaking. So we will proceed, please. COUNCILMAN DiCICCO: I will be urging my colleagues to vote no on the Councilman's amendment for the same reasons that I spoke of last week. Stated - 6/2/05 There's an opinion from the Managing Director that was circulated yesterday. I'm not certain if all my colleagues received one. I have serious concerns, as I did last week and still continue, that an anti-advertising advocacy group or individuals, if a company were to decide to fund a mural but that company's logo was included in the mural -- whether it's 1 percent, 10 percent or 100 percent of the mural, I have no way of knowing that -- that there would be legal grounds for the advocacy group who is opposed to outdoor advertising to challenge that mural. Charlie Pizzi was here -- I think he left -- the CEO of Tastykake, which is a local baking company which is a nationally renowned company. If they decide to fund a mural and the kids in the mural are holding a Tastykake and it has the advertisement on it, someone could consider that as outdoor advertising and Stated - 6/2/05 the funding for that mural would be in jeopardy. So I again am asking my colleagues to vote no. Respectfully, I appreciate what Councilman Cohen is concerned about. But I have serious concerns, as I just pointed out, and I would ask my colleagues to be voting no on his amendment.
Thank you very much. The Chair recognizes Councilman Cohen.
Thank you, Madam President. The whole purpose is to protect the mural arts, to prevent mural arts from being taken over for commercial purpose, or if taken over for commercial purpose, to see that the commercial tax is paid rather than having murals add to the tax-free income of businesses. Now, I understand Councilman DiCicco because he always speaks for free taxation of business but soaks the poor people Stated - 6/2/05 heavily. And that's what he's doing here. He's saying don't demand that a business which is going to benefit from an outdoor sign pay its tax, let the people who live in the rowhouses pay increased taxes. But my amendment strengthens the mural movement because it prevents murals from being used commercially, which they're not supposed to do.
Thank you, Councilman. It has been moved and seconded that Councilman Cohen's amendment be adopted. All in favor will please say aye.
Based on [inaudible] from Chester yesterday, don't look for relief from Philadelphia. We're just as bad as he says the city government Stated - 6/2/05 of Chester was.
The motion fails. So I would ask the Chief Clerk to -- this bill, having been read on two different days, the question now is shall the bill pass finally.
Aye. The ayes are 11. The nays are six. A majority of all members having voted in the affirmative, the bill passes.
The next bill to be called for consideration is Bill No. 050230.
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 in certain Residential Districts, under certain terms and conditions.
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. Stated - 6/2/05
Aye. The ayes are 17. The nays are zero. A majority of all members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 050233. Stated - 6/2/05
An ordinance amending Title 14, entitled Zoning and Planning, to add definitions for certain architectural features, under certain terms and conditions.
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.
Aye. The ayes are 17. The nays are zero. A majority of all members having voted in the affirmative, this bill passes. The next bill to be called is Bill No. 050285.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land.
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.
Aye. The ayes are 17. The nays are zero. A majority of all members having voted in the affirmative, the bill passes. Bill No. 050339.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land. Stated - 6/2/05
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.
Aye. The ayes are 17. The nays are zero. A majority of all members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 050295.
An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget to assist in the development of the Mill Creek Development project.
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.
Aye. The ayes are 17. 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. 050297.
An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget to assist in the construction, rehabilitation and renovation of Pleasant Stated - 6/2/05 Hill Park.
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 Cohen, how are you voting on this bill, sir?
Aye. The ayes are 17. The nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 050299.
An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget to assist in renovations of Simon's Recreation Center.
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.
Aye. The ayes are 17. The nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 050343.
An ordinance authorizing the Philadelphia Authority for Stated - 6/2/05 Industrial Development to file an application with the Office of the Budget to assist in the renovation and expansion of Roxborough YMCA.
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.
Aye. The ayes are 17. The nays are zero. The majority of all members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 050416.
An ordinance authorizing the Philadelphia Authority for Industrial Development to file an application with the Office of the Budget to assist in the construction, renovation an expansion of the emergency room at the Mercy Nazareth Hospital in Philadelphia.
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.
Aye. The ayes are 17. The nays are zero. A majority of all members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 050454.
An ordinance Stated - 6/2/05 amending Bill No. 040765, entitled An Ordinance Approving the Fiscal Year 2005 Capital Budget, providing for expenditures for the capital purposes of the Philadelphia Gas Works.
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.
Aye. The ayes are 17. The nays are zero. A majority of all members having voted in the affirmative, this bill passes. 040595 will be considered next.
An ordinance amending Title 9 of the Philadelphia Code by amending Section 9-605 to prohibit certain towing upon the establishment of a rotational towing system.
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. I'm sorry. Councilman Cohen, you wish to be recognized?
Thank you. I think today we received letters from District Council 33 raising very basic questions of discrimination against small operators and against minority operators. I think we ought to look into the question before we vote this bill. So I therefore move that this bill be held. It raised both union and other kinds of questions of discrimination. District 33 is a very responsible organization, and I think we should honor their request.
Are you asking the sponsor of the bill to consider holding it?
Councilman Rizzo, would you consider holding the bill? Stated - 6/2/05
I'm not going to -- the information that -- he may have something from District Council 33, but I haven't seen anything. There's nothing from District Council 33. There's a letter, but I'd like to move forward.
Thank you, Madam President. Madam President, I have tow truck operators that live half a block from my house. This is an industry where in the last -- particularly in the last five to ten years has been an industry where there's been a tremendous amount of minority participation, mostly Latino operators, not exclusively. And I have spent a lot of time since this bill was introduced talking to operators from different viewpoints, the salvagers and all the others, the repair shops, and how this bill would impact upon them. Stated - 6/2/05 Councilman Rizzo and the chairman of the Committee of License and Inspection, Councilman Mariano, put in a lot of time in trying to make sure that no one got -that no one would be hurt. Nevertheless, I believe that this bill has the potential to remove people that this is their only way of making a living. And I am still very concerned that there could very well be some particular tow truck operators that would not be able to provide their families with a decent living. However, I have been informed recently, as recent as last night to a number of operators that there is some good things in this bill; that we do in fact need a rotation system; that this is going to be something, according to the bill, that the job of picking the towing companies is going to be with the procurement department. In the bill there's a Section 2 that says that this ordinance shall not be effective unless the rotational towing Stated - 6/2/05 system referenced in the section of this ordinance is established pursuit to a bid solicitation substantially in the form of Exhibit A. I think that this leaves -this is a very good thing because it could very well address the participation of minorities in this industry. I will be voting yes for this bill this morning. However, I will be the first to come here, come back here in September and amend this bill if in fact I see that this has a drastic impact where it's going to hurt the livelihood of tow truck operators and their family. And for the tow truck operators that are listening or are here today, that they can continue to count on me not to -- and I'm quite sure they can continue to count on Councilman Mariano and Councilman Rizzo to make sure that this does not have a negative impact on tow truck operators who have put in a lot of money. These are trucks that are very, very expensive, and we want to make sure that we're not Stated - 6/2/05 breaking up the livelihoods of people in this industry. So I will be voting yes on this bill. I do appreciate the comments and I agree with the comments with the exception of the voting with my colleague, Councilman Cohen. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you, Madam President. I appreciate Councilman Ramos' remarks. And I'd like for the record to reflect that just yesterday representatives of the industry met with Michael Williams from the Minority Business Council. I believe that's the proper term. And everyone left that meeting very assured that they were going to be treated fairly. Mr. Williams assured them, the people in the towing Stated - 6/2/05 industry. As you can see today, it is relatively quiet here inside the chamber at least because I think most of the members or the people, the interested parties, realize that there is going to be a lot of careful observation. We've invited the counsel for the towing industry to be involved in the implementation. So I appreciate my colleagues' support on this particular legislation.
Thank you. The Chair recognizes Councilman Mariano.
Thank you, Madam President. Councilman Ramos and Councilman Rizzo pretty much summed it all up. I'll be voting in favor of this. But the people on the committee -- I'm thinking of Councilwoman Reynolds-Brown -- we belabored this point for the exact reason Stated - 6/2/05 that Councilman Ramos brought up. We want to make sure that nobody is shut out from this process. This is strictly one of those things that you run into government where you can't please all the people all the time. We could have held this thing up for another two years. And Councilman Rizzo was like an attack dog on this. He stayed on it and stayed on it far longer than I could have with my attention span. But I just want you to know that yesterday the political leader -- and he's going to be embarrassed because he's probably watching this -- Carlos Matos, the Ward Leader of the 19th Ward, who has a lot of clout in the Latino community, along with Councilman Ramos and a few other people, were down here yesterday and met with Mr. Williams from MBEC to make sure that nobody gets shut out. And Rizzo and I, along with Ramos and I'm sure everyone else here, if this doesn't work out right, we're watching Stated - 6/2/05 this. This is something because of a few bad apples there has to be a rotation system. It's not perfect, it's a work in progress, and we can't please everybody all the time. If we could, it wouldn't be President Bush. It would be President Mariano, so there would be no problem. Thank you. (Laughter.)
Thank you. This bill, having been read on two different days, the question now remains shall this bill pass finally. The Chief Clerk will please call the roll.
Councilman Cohen, how are you voting? Stated - 6/2/05
Aye. The ayes are 16. The nays are one. A majority of all members having voted in the affirmative, the bill passes. (Applause.)
The next bill to be called for consideration is Bill No. 050203.
An ordinance amending Title 9 of the Philadelphia Code by amending Section 9-102, entitled Licenses and Permits, by providing that no Stated - 6/2/05 license or permit shall be issued or renewed if the applicant is delinquent in the payment of any City or School District taxes.
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.
Aye. The ayes are 17. The nays are zero. A majority of all members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 050204.
An ordinance amending Title 4 of the Philadelphia Code, entitled Philadelphia Building, construction and Occupancy Code, by amending Subcode A, Section A-202, by providing that no license or permit required by Title 4 shall be issued or renewed if the applicant is delinquent in any payment to the City or School District.
This bill, having been read on two different days, the question now is shall the bill pass finally. Stated - 6/2/05 The Chief Clerk will please call the roll.
Aye. The ayes are 17. The nays are zero. A majority of all members having voted in the affirmative, the bill passes. Stated - 6/2/05 The next bill to be called is Bill No. 050266.
An ordinance amending Title 9 of the Philadelphia Code by amending Section 9-601, entitled Garages, Parking Lot, Sales Lots and Showrooms.
Thank you. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I'm offering an amendment today to further clarify the bill's purpose. It's been circulated to all members of Council yesterday. And I would move the adoption of the amendment. (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will signify by saying aye. Stated - 6/2/05 (Chorus of "ayes.")
The ayes have it, and the motion carries. The next bill to be called for consideration is Bill No. 050267.
An ordinance amending Title 4, Subcode A of the Philadelphia Administrative Code to clarify the types of permits in connection with which the Department of Licences and Inspections may charge fees, all under certain terms and conditions.
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.
Aye. The ayes are 17. The nays are zero. A majority of all members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 050342.
An ordinance Stated - 6/2/05 amending Chapter 10-1800 of the Philadelphia Code, entitled Vicarious Liability for Student Conduct, by amending the definitions of Educational Housing District to include the Eighth Councilmanic District.
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.
Aye. The ayes are 17. The nays are zero. A majority of all Council members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 050063A.
An ordinance amending Chapter 10-600 of the Philadelphia Code, entitled Public Places - Prohibitive Conduct, by prohibiting smoking in public places and in the workplace, and providing for penalties, all under certain terms and conditions.
Thank you, Madam President. Stated - 6/2/05 Madam President, over the last several days there's been what I consider to be some rather productive discussion on this particular bill. I think we're getting close to a resolution, but I think we need to have a little bit more discussion. So I would like to ask today the sponsor of the bill to hold it for one week so we can hopefully finalize and come to some conclusion on this particular bill.
Thank you, Madam President. Madam President, Councilman Clarke is absolutely correct. And I appreciate his request, which is, in our tradition, generally accommodated when a member makes such a request. Given the important nature of this particular matter, it is timely as we try to make significant improvement in the Stated - 6/2/05 public health environment while also respecting and trying to understand some of the additional concerns. I will work with, of course, Councilman Clarke. And there are other members of this body who have particular interest and concerns. So I expect to spend the next week diligently working with my colleagues so that we can both work to a resolution, maintain at the same time the fundamental principles that people should not have to risk their lives to hold down a job, cover as many workplaces as possible to the maximum extent; and whatever we do, make sure that those principles are adhered to in the most strict fashion. So I look forward to the work, and we hopefully expect to be back next week with what may be the final components of a smoke-free legislation here in Philadelphia. Thank you, Madam President.
Thank you. That will conclude our calendar for Stated - 6/2/05 today. Are there speeches on the part of the minority? (No response.)
Are there speeches on the part of the majority? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco for a motion to adjourn.
Madam President, I move that Council stand adjourned until Thursday, June 9th at 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, June the 9th at 10:00 a.m. All in favor will say aye. (Chorus of "ayes.")
The ayes have it, and the motion carries. Thank you. (Public hearing concluded at 12:36 p.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 hearing of The Philadelphia City Council, June 2, 2005, that this is a true and correct transcript of same. ______________________________ BRIAN L. RASCO,