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Minutes

Committee Hearing, April 17, 2008

Philadelphia City Council Committee HearingsApr 17, 2008

COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON APPROPRIATIONS - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, April 17, 2008 9:40 a.m. - - - PRESENT: COUNCILWOMAN JOAN L. KRAJEWSKI, CHAIR COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILWOMAN DONNA REED MILLER COUNCILMAN FRANK RIZZO BILLS 080302, 080303, 080304, 080305, 080306, 080307, 080308, 080309, 080310, 080311, 080312, 080313, 080314, 080315, 080316 and 080317 - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2

Councilwoman Krajewski

Good morning. The Committee of Appropriations is now in session. Will the Clerk please read the title of the bills.

The Clerk

Bill No. 080302, an ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the Water Fund from the Water Department to the Department of Public Property, the Director of Finance, the Managing Director, the Police Department and the Department of Recreation - Fairmount Park Commission. Bill No. 080303, an ordinance 17 authorizing transfers in appropriations for Fiscal Year 2008 within the Community Development Fund from the Mayor - Office of Housing and Community Development to the Law Department. Bill No. 080304, an ordinance 23 authorizing the Director of Finance to charge against appropriations made to the Department of Public Health - Office of 3 4/17/08 - APPROPRIATIONS, BILL 080302, etc. Behavioral Health/Mental Retardation Services in the Fiscal Year 2008 Operating Budget, the compensation of District Attorney employees being used by the Department of Public Health - Office of Behavioral Health/Mental Retardation Services pursuant to Section 8-401 of the Philadelphia Home Rule Charter, under certain terms and conditions. Bill No. 080305, an ordinance 12 authorizing transfers in appropriations for Fiscal year 2008 within the Hotel Room Rental Tax Fund from the City Representative and the Director of Commerce to the Managing Director. Bill No. 080306, an ordinance 18 authorizing the Director of Finance to charge against appropriations made to the Department of Human Services in the Fiscal Year 2008 Operating Budget, the compensation of District Attorney employees being used by the Department of Human Services pursuant to Section 8-401 of the Philadelphia Home Rule Charter, 4 4/17/08 - APPROPRIATIONS, BILL 080302, etc. under certain terms and conditions. Bill No. 080307, an ordinance 4 authorizing transfers in appropriations for Fiscal Year 2008 within the General Fund from the Streets Department, the Department of Public Health, the Department of Human Services and the Board of Revision of Taxes to the Mayor's Office of Information Services. Bill No. 080308, an ordinance 12 authorizing the Director of Finance to charge against the authorization made to the Board of Pensions and Retirement in the Fiscal Year 2008 Operating Budget, the compensation of Office of the Director of Finance employees being used by the Board of Pensions and Retirement pursuant to Section 8-401 of the Philadelphia Home Rule Charter, under certain terms and conditions. Bill No. 080309, an ordinance 23 authorizing transfers in appropriations for Fiscal Year 2008 within the General Fund from the Police Department, the 5 4/17/08 - APPROPRIATIONS, BILL 080302, etc. Department of Streets, the Fire Department, the Department of Public Health, the Department of Recreation, the Department of Human Services, the Department of Human Services - Office of Supportive Housing, the Director of Finance and the City Representative and the Director of Commerce to the Managing Director. Bill No. 080310, an ordinance 12 authorizing transfers in appropriations in Fiscal Year 2008 within the Aviation Fund from the City Representative and the Director of Commerce to the Director of Finance - Fringe Benefits. Bill No. 080311, an ordinance 18 authorizing transfers in appropriations for Fiscal Year 2008 within the General Fund from the Managing Director, the Police Department and the Director of Finance to the Law Department. Bill No. 083012, an ordinance 24 authorizing transfers in appropriations for Fiscal Year 2008 within the General 6 4/17/08 - APPROPRIATIONS, BILL 080302, etc. Fund from the Council and the Auditing Department to the Department of Human Services and the Auditing Department. Bill No.

The Clerk

080313, an ordinance 6 authorizing transfers in appropriations for Fiscal Year 2008 within the General Fund from the Managing Director and the Department of Public Health to the Department of Recreation - Fairmount Park Commission, the Department of Human Services - Office of Supportive Housing, the Department of Licenses and Inspections and the Department of Revenue. Bill No. 080314, an ordinance 17 authorizing the Director of Finance to charge against the authorization made to the Board of Pensions and Retirement in the Fiscal Year 2008 Operating Budget, the compensation of Mayor's Office of Information Services employees being used by the Board of Pensions and Retirement pursuant to Section 8-401 of the Philadelphia Home Rule Charter, under 7 4/17/08 - APPROPRIATIONS, BILL 080302, etc. certain terms and conditions. Bill No. 080315, an ordinance 4 authorizing transfers in appropriations for Fiscal Year 2008 within the General Fund from the Department of Revenue to the Director of Finance. Bill No. 080316, an ordinance 9 authorizing transfers in appropriations for Fiscal Year 2008 within the Aviation Fund from the City Representative and the Director of Commerce to the Director of Finance, the Procurement Department and the Managing Director. Finally, Bill No. 080317, an ordinance authorizing the Director of Finance to charge against the appropriations made to the District Attorney in the Fiscal Year 2008 Operating Budget, the compensation of Police Department employees being used by the District Attorney pursuant to Section 23 8-401 of the Philadelphia Home Rule Charter, under certain terms and conditions. 8 4/17/08 - APPROPRIATIONS, BILL 080302, etc. )

Councilwoman Krajewski

Thank you. Would you please state your name for the record.

Mr. Agostini

Good morning, Councilmember Krajewski. Steve Agostini, Budget Director. Good morning, members of the Committee. I would ask that rather than offer the written testimony, read the written testimony, that you would have that read into the record for the Bills No. 080302 through 080317, and instead I would make myself available, as are other members of the Administration, for any questions you might have.

Councilwoman Krajewski

Why are we requiring the ordinance for these type of transfers, and how long has this been in effect?

Mr. Agostini

Madam Chair, members, my understanding, this is the 9 4/17/08 - APPROPRIATIONS, BILL 080302, etc. first time that we have done this in, I think, about 30 years. In the past when the Council adopted a budget, there were general provisions that allowed for the Director of Finance to make appropriate expenditure transfers between departments and between funds to ensure that payroll expenditures were properly accounted for when employees were being shared by departments or by different funds. When the '08 budget was adopted, that provision was struck, requiring that any transfers like that come back to the Council for their approval, which is why you have not only the number of these, but sort of the detail of them. We also have probably an additional half dozen that will be coming through in subsequent weeks in order to do that. It was viewed as an administrative provision in the past that would allow the Director of Finance to do this to sort of square up our payroll 10 4/17/08 - APPROPRIATIONS, BILL 080302, etc. accounts.

Councilwoman Krajewski

It takes a lot longer this way, doesn't it?

Mr. Agostini

Yes, it does.

Councilwoman Krajewski

You may continue.

Mr. Agostini

It does take a lot longer and it creates a lot of sort of administrative work for you, for us. We would ask that as you consider the '09 and subsequent years, that you consider adding that provision back so that we could do that administratively. If there is a desire to have us report that to you, we'd be happy to do that as part of that.

Councilwoman Krajewski

But, I mean, it's within your own department.

Mr. Agostini

It would make sense, Madam Chair. It would.

Councilwoman Krajewski

Right.

Mr. Agostini

The last thing I would ask is that given the time associated with this, we would ask for a 11 4/17/08 - APPROPRIATIONS, BILL 080302, etc. suspension of the rules so that first reading could take place this afternoon and that subsequent second reading could take place quickly so that we can actually move these dollars. For example, there's a rather sizable expenditure transfer for the District Attorney that we need to do. I think it's about $5 million in order to square up their accounts, and the sooner we can do that, the better for everyone. Thank you.

Councilwoman Krajewski

Thank you. Is there anyone else here to testify? (No response.)

Councilwoman Krajewski

Are there any questions from members of the Committee? (No response.)

Councilwoman Krajewski

All right. Thank you. Anyone else? 12 4/17/08 - APPROPRIATIONS, BILL 080302, etc. (No response.)

Councilwoman Krajewski

Therefore, that ends our public hearing in Appropriations. Now we'll go into our public session. The Chair recognizes Councilman Goode for the purpose of Bill No. 080302.

Councilman Goode

Thank you, Madam Chair. I move that Bill No. 080302 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended so as to permit first reading at our next Council session. (Duly seconded.)

Councilwoman Krajewski

Thank you. All those in favor? (Aye.)

Councilwoman Krajewski

Opposed? (No response.)

Councilwoman Krajewski

Therefore, Bill 080302 will be reported out of this Committee with a favorable 13 4/17/08 - APPROPRIATIONS, BILL 080302, etc. recommendation and the rules of Council be suspended as to permit first reading of this bill. The Chair recognizes Councilman Clarke for Bill 080303.

Councilman Clarke

Thank you, Madam Chair. I move that Bill 080303 be reported out of Committee with a favorable recommendation and a request for rules suspension as to allow reading at the next session of Council. (Duly seconded.)

Councilwoman Krajewski

All those in favor? (Aye.)

Councilwoman Krajewski

Opposed? (No response.)

Councilwoman Krajewski

Therefore, Bill 080303 will be reported out of this Committee with a favorable recommendation and the rules of Council be suspended so as to permit first reading of this bill. 14 4/17/08 - APPROPRIATIONS, BILL 080302, etc. The Chair recognizes Councilwoman Sanchez for Bill 080304.

Councilwoman Sanchez

Thank you, Madam Chair. I move that Bill 6 080304 be moved out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first reading. (Duly seconded.)

Councilwoman Krajewski

All those in favor? (Aye.)

Councilwoman Krajewski

Opposed? (No response.)

Councilwoman Krajewski

Therefore, Bill 080304 will be reported out of this Committee with a favorable recommendation and the rules of Council be suspended as to permit first reading of this bill. The Chair recognizes Councilwoman Miller for Bill 080305.

Councilwoman Miller

Thank 15 4/17/08 - APPROPRIATIONS, BILL 080302, etc. you, Madam Chair. I move that Bill 3 080305 be reported out of this Committee with a favorable recommendation and further move that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.)

Councilwoman Krajewski

All those in favor? (Aye.)

Councilwoman Krajewski

Opposed? (No response.)

Councilwoman Krajewski

Therefore, Bill 080305 will be reported out of this Committee with a favorable recommendation and the rules of Council be suspended so as to permit first reading of this bill. The Chair recognizes Councilman Rizzo on Bill No. 080306.

Councilman Rizzo

Madam Chair, Bill No. 080306 reported out of Committee with a favorable recommendation and that 16 4/17/08 - APPROPRIATIONS, BILL 080302, etc. the rules of Council be suspended so we can have first reading at today's Council session. (Duly seconded.)

Councilwoman Krajewski

All those in favor? (Aye.)

Councilwoman Krajewski

Opposed? (No response.)

Councilwoman Krajewski

Therefore, Bill 080306 will be reported out of this Committee with a favorable recommendation and the rules of Council be suspended so as to permit first reading of this bill. The Chair recognizes Councilman DiCicco for Bill 080307. COUNCILMAN DiCICCO: Thank you, Madam Chair. I move that Bill 080307 be reported out of this Committee with a favorable recommendation and a further recommendation that the rules of Council be suspended. 17 4/17/08 - APPROPRIATIONS, BILL 080302, etc. (Duly seconded.)

Councilwoman Krajewski

Thank you. All those in favor? (Aye.)

Councilwoman Krajewski

Opposed? (No response.)

Councilwoman Krajewski

Therefore, Bill 080307 will be reported out of this Committee with a favorable recommendation and the rules of Council be suspended so as to permit first reading of this bill. The Chair recognizes Councilman DiCicco on Bill 080308. COUNCILMAN DiCICCO: Thank you, Madam Chair. I move that Bill No. 080308 be reported out of this Committee with a favorable recommendation, that the rules of Council be suspended so as to permit first reading at our next session of City Council. (Duly seconded.)

Councilwoman Krajewski

All 18 4/17/08 - APPROPRIATIONS, BILL 080302, etc. those in favor? (Aye.)

Councilwoman Krajewski

Opposed? (No response.)

Councilwoman Krajewski

Therefore, Bill 080308 will be reported out of this Committee with a favorable recommendation and the rules of Council be suspended so as to permit first reading. The Chair recognizes Councilman Clarke for Bill 080309.

Councilman Clarke

Thank you, Madam Chair. I move that Bill 080309 be reported out of Committee with a favorable recommendation, request for a rules suspension as to allow reading at the next session of Council. (Duly seconded.)

Councilwoman Krajewski

Thank you. All those in favor? (Aye.)

Councilwoman Krajewski

19 4/17/08 - APPROPRIATIONS, BILL 080302, etc. Opposed? (No response.)

Councilwoman Krajewski

Therefore, Bill 080309 will be reported out of this Committee with a favorable recommendation and the rules of Council be suspended so as to permit first reading of this bill. The Chair recognizes Councilman Goode for Bill 080310.

Councilman Goode

Thank you, Madam Chair. I move that Bill 080310 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended so as to permit first reading at our next session of Council. (Duly seconded.)

Councilwoman Krajewski

All those in favor? (Aye.)

Councilwoman Krajewski

Opposed? (No response.) 20 4/17/08 - APPROPRIATIONS, BILL 080302, etc.

Councilwoman Krajewski

Therefore, Bill 080310 will be reported out of this Committee with a favorable recommendation and the rules of Council be suspended so as to permit first reading of this bill. The Chair recognizes Councilwoman Sanchez on Bill 080311.

Councilwoman Sanchez

Thank you, Madam Chair. I move that Bill 12 080311 be moved out of Committee with a favorable recommendation and the rules of Council be suspended to allow first reading. (Duly seconded.)

Councilwoman Krajewski

Thank you. All those in favor? (Aye.)

Councilwoman Krajewski

Opposed? (No response.)

Councilwoman Krajewski

Therefore, Bill 080311 will be reported out of this Committee with a favorable 21 4/17/08 - APPROPRIATIONS, BILL 080302, etc. recommendation and that the rules of Council be suspended so as to permit first reading of this bill. The Chair recognizes Councilman DiCicco for Bill 080312. COUNCILMAN DiCICCO: Thank you, Madam Chair. I move that Bill No. 080312 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended so as to permit first reading at our next session of Council. (Duly seconded.)

Councilwoman Krajewski

All those in favor? (Aye.)

Councilwoman Krajewski

Opposed? (No response.)

Councilwoman Krajewski

Therefore, Bill No. 080312 will be reported out of this Committee with a favorable recommendation and the rules of Council be suspended so as to permit 22 4/17/08 - APPROPRIATIONS, BILL 080302, etc. first reading of this bill. The Chair recognizes Councilman DiCicco on Bill 080313. COUNCILMAN DiCICCO: Thank you, Madam Chair. I move that Bill No. 080313 be reported out of this Committee with a favorable recommendation, that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.)

Councilwoman Krajewski

Thank you. All those in favor? (Aye.)

Councilwoman Krajewski

Opposed? (No response.)

Councilwoman Krajewski

Therefore, Bill 080313 will be reported out of this Committee with a favorable recommendation and the rules of Council be suspended so as to permit first reading of this bill. The Chair recognizes Councilwoman Miller for Bill 080314. 23 4/17/08 - APPROPRIATIONS, BILL 080302, etc.

Councilwoman Miller

Thank you, Madam Chair. I move that Bill 4 080314 be reported out of this Committee with a favorable recommendation and further move that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.)

Councilwoman Krajewski

All those in favor? (Aye.)

Councilwoman Krajewski

Opposed? (No response.)

Councilwoman Krajewski

Therefore, Bill 080314 will be reported out of this Committee with a favorable recommendation and the rules of Council be suspended so as to permit first reading of this bill. The Chair recognizes Councilman Clarke for Bill 080315.

Councilman Clarke

Thank you, Madam Chair. I move that Bill 080315 be 24 4/17/08 - APPROPRIATIONS, BILL 080302, etc. reported out of Committee with a favorable recommendation, request for a rules suspension as to allow reading at the next session of Council. (Duly seconded.)

Councilwoman Krajewski

All those in favor? (Aye.)

Councilwoman Krajewski

Opposed? (No response.)

Councilwoman Krajewski

Therefore, Bill 080315 will be reported out of this Committee with a favorable recommendation and the rules of Council be suspended so as to permit first reading of this bill. The Chair recognizes Councilman Rizzo for Bill 080316.

Councilman Rizzo

Madam Chair, Bill No. 080316 be reported out of Committee with a favorable recommendation and the rules suspended so it can be heard today at our Council session. 25 4/17/08 - APPROPRIATIONS, BILL 080302, etc. (Duly seconded.)

Councilwoman Krajewski

All those in favor? (Aye.)

Councilwoman Krajewski

All those opposed? (No response.)

Councilwoman Krajewski

Therefore, Bill 080316 will be reported out of this Committee with a favorable recommendation and the rules of Council be suspended so as to permit first reading of this bill. The Chair recognizes Councilman Clarke on Bill 080317.

Councilman Clarke

Madam Chair, I move that Bill 080317 be reported out of Committee with a favorable recommendation, request for rules suspension as to allow reading at the next session of Council. (Duly seconded.)

Councilwoman Krajewski

All those in favor? 4/17/08 - APPROPRIATIONS, BILL 080302, etc. (Aye.)

Councilwoman Krajewski

Opposed? (No response.)

Councilwoman Krajewski

Therefore, Bill 080317 will be reported out of this Committee with a favorable recommendation and the rules of Council will be suspended for our next session of Council. That ends our hearing in Appropriations, and thank you all very much. (Committee on Appropriations adjourned at 9:55 a.m.) - - - 27 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on April 17, 2008, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)