The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. The next order of business is the consideration of the Calendar. The Chief Clerk will please read the bills on the First Reading Calendar.
Bill No. 051028, an ordinance amending Title 14 of The 12/15/05 - STATED - 1ST READING Philadelphia Code, entitled "Zoning and Planning," by adopting a new Chapter 14-1400, entitled "Commercial Entertainment District," under certain terms and conditions.
And Bill No. 040470, an ordinance amending Chapter 19-2500 of The Philadelphia Code, entitled "Real Estate and Non-Utilization Tax," by clarifying and amending the tax on abandoned property and vacant lots.
And Bill No. 050303, an ordinance amending Chapter 19-1300 of The Philadelphia Code, entitled "Real Estate Taxes," by providing for an Economic Opportunity Plan as a condition for the grant of certain tax abatements, under certain terms and conditions.
The 12/15/05 - STATED - 2ND READING Chair agrees.
And Bill No. 051096, an ordinance authorizing the extension of and modifications to the trial program authorized by Bill No. 040558 under which advance approval is given to the Philadelphia Facilities Management Corporation.
The Chair agrees. That completes the First Reading Calendar for today. The Chair now recognizes Councilwoman Blackwell for the purpose of calling the bills on the Second Reading and Final Passage Calendar to be called for consideration.
Thank you, Madam President. Today the bills on and 2 are being held. Bill No. 050669-A is to be amended. Bill No. 050 -
-202-A is being called up for second 12/15/05 - STATED - 2ND READING reading and final passage, as is Bill No. 050862-A. The other bills on are being held, as are those on Pages 4, 5, 6. On , Bill No. 050797 is being called up for second reading and final passage. Bill No. 050863 is to be amended today. Bill No. 050864 is being called up for second reading and final passage, as is Bill No. 050953. On and , all bills are being called up for second reading and final passage. They are Bill Nos. 050954, 051023, 051022, 051026, 050094, 051136, 051137. On , the following bills are being called up for second reading and final passage: They are Bills 051138, 050749, 051025. And, lastly but not least, on , Bill Nos. 051027 and 050865 are being called up for second reading and final passage. Sorry for the delay.
Madam President, I stand corrected. On , Bill No. 050797 is to be amended.
Thank you. I would ask the Chief Clerk to please read the title of Bill No. 050669-A.
An ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternative tax computation for the business privilege tax, by reducing certain tax rates; all under certain terms and conditions.
Councilman Nutter, it is my understanding you have an amendment to offer on this bill.
Yes, I do, Madam President. Is that the first bill up?
Yes, 12/15/05 - STATED - 2ND READING it is. 050669-A.
Madam President, having nothing to do with the matter at hand, could I ask you to, for the moment, move to the next bill and I'll come right back with that one?
I would ask the Clerk then to please read the title of Bill No. 050202-A.
An ordinance amending Section 17-109 by amending the terms and conditions under which a Business Entity may be certified or continue to be certified as a Local Business Entity entitled to a bidding preference on City contracts.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the 12/15/05 - STATED - 2ND READING roll.
Aye. The ayes are 16, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. 12/15/05 - STATED - 2ND READING The Chief Clerk will please read the title of Bill No. 050862-A.
An ordinance amending Title 9 by adding provisions regulating the operation of tour buses and amphibious tour vehicles, 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 Clerk will please call the roll.
Councilwoman Reynolds Brown. 12/15/05 - STATED - 2ND READING
Aye. The ayes are 16, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 050669-A. I believe the bill was read, but I would suggest that the Chief Clerk read the bill again.
An ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternative tax computation for the business privilege tax, by reducing certain tax rates; all under certain terms and conditions.
The 12/15/05 - STATED - 2ND READING Chair recognizes Councilman Nutter.
Thank you, Madam President. Madam President, I wish to offer an amendment to Bill 050669-A, and I also wish to speak briefly on the proposed amendment.
And the amendment has been circulated to all Councilmembers?
Thank you. The Chair recognizes Councilman Nutter.
Thank you, Madam President. This proposed amendment is one effort toward trying to address many of the issues that Councilmembers and other very interested parties have raised with regard to this particular bill generally known as the business privilege tax bill, and in an effort to reach some amount of compromise and 12/15/05 - STATED - 2ND READING recognizing the seriousness with which members are taking this particular matter, this proposed amendment would make an adjustment to the present schedule that's listed in the bill and would, in essence, reduce the rate of reduction. It would stop the rate of reduction in the net income portion of the business privilege tax in a long-term schedule in 2015, such that the rate would be 3.25 percent. Presently the rate is at 6.5 percent. And so over ten years, there would be a 50 percent reduction in that rate, and stay at that rate for the rest of the schedule that's listed in the bill through 2017. I would ask for support for this amendment in an effort to bring consensus and compromise to this particular matter as we try to send the right message to residents and businesses that we're trying desperately to change the business climate and encourage job growth here in Philadelphia. 12/15/05 - STATED - 2ND READING With that, Madam President, I would move the adoption of the amendment. (Duly seconded.)
Thank you, Madam President. I want to first commend the sponsor of this bill for the continuing effort to move towards a bill that better reflects other perspectives on reducing business privilege taxes here in our City. I've done some homework and discovered that never have we reduced taxes without two major documents before us, the budget and the Five-Year Plan. In doing some homework, I've learned that never have we reduced taxes in the middle of the year. So while I strongly believe that it is quite unfair and inappropriate to reduce taxes when we do not have these documents before us, I will support the 12/15/05 - STATED - 2ND READING improved bill, the improved bill reflecting the amendment before us. In no way should my support of the improved bill be a prediction or reflection of where I'll be on this bill next week, because my bottom line premise is, it is inappropriate and unfair to be discussing taxes without looking at a level playing field of all the other major issues confronting our City, an underfunded pension fund, incredible rising utility costs, et cetera, et cetera, et cetera. Thank you, Madam President.
Thank you. At this time, the Chair recognizes Councilman Clarke.
Thank you, Madam President. I actually concur with the Councilwoman. There's no need for me to say it. I concur with her sentiments pretty much verbatim.
And I believe that, Councilwoman, maybe I 12/15/05 - STATED - 2ND READING misunderstood you, but you said you were voting in favor of the bill. I assume you're voting in favor of the amendment, and next week you're not quite certain that your vote will be in the affirmative.
I just wanted to make that clear, because Councilman Clarke -
You're welcome. The Chair recognizes Councilman Nutter.
Thank you, Madam President. 12/15/05 - STATED - 2ND READING I appreciate the comments of both of my colleagues, and I would only, though, point out for the record that while from a cycle standpoint or a tradition standpoint there's no question that we would normally take up such a matter during the annual budget process, I would consider this particular matter a continuation both of last spring's budget process as unconcluded business, and my colleague, who has in a very important way put forward her own legislation with regard to business privilege taxes, I was heartened by some comments that she made at that time indicating that now might be the time to have some of this discussion, given that we do have the recent report from PICA, who is our financial overseer, indicating that not only do we finish the last fiscal year at $70 million ahead of estimates, but also the first quarterly report seems to indicate presently that we may be up $140 million over projections for the current FY06. 12/15/05 - STATED - 2ND READING So it is not without data and information that we could proceed under these circumstances. We have all of the same information that we would normally have in the course of a budget process. We have the latest information about the City's finances right now, and creates an incredible opportunity for us to deal with this issue by itself in a singular fashion with clarity and all of the data that we need to make for a good decision. But I do appreciate her continued interest in this matter, and her leadership is greatly appreciated. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Mariano.
Thank you, Madam President. I'm going to do the best I can here with what I have left of a voice. I know Councilman Nutter is a 12/15/05 - STATED - 2ND READING hard worker and he works, works and tries to make compromises. Councilwoman Brown had a great point, but it's much more simpler to a person like me. Scanlon Rec Center's ice rink is closing, so I have to scramble at the last minute and try to get that saved, with the help of the Administration. Okay? I don't see the Chamber of Commerce stepping up helping me with that. That would be nice. I didn't ask them. That's fair. So we pulled this rabbit out of the hat and we open this ice rink for next year. Where are we going to get the money for the operating budget? Everything we do here is political. That's what we are, political animals, and it depends who you believe in. I'll vote for this thing if it makes it a better bill. And not to sound exactly like Clarke and Reynolds Brown, because I would never want to exactly sound like them. They're much more intelligent. But what I want to say is, 12/15/05 - STATED - 2ND READING we need to find out for sure. I just can't be handed a piece of paper at 9 o'clock in the morning. And it's not a shot at Councilman Nutter. If we need to work on something that gets everybody to a point to the middle without breaking somebody's back. But I can't let Scanlon Ice Skating Rink close and I can't have someone say, Well, that closes because of this or that. It's closed. We're going to open it next year, maybe even this year if we get lucky. I doubt it. But I got to know how we're going to operate and keep that open for the next 20 years, regardless if I'm here or not, that that's what has to happen. So, Councilman Nutter, kudos. I'll vote for this because you asked me to, but, again, we got a lot of work to be able to convince me to vote for this thing as amended next week. Okay? Thank you.
Thank you. 12/15/05 - STATED - 2ND READING The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, while I concur with Councilman Nutter indicating that there was higher-than-anticipated revenues in this quarter and prior quarters of this fiscal year, there is one thing that we do not have before us as we deliberate this issue. There have been a number of cuts that have happened over the last several years as it relates to services across the board. There are a couple of issues that are probably going to be before us, our obligation to our pension fund. I think this issue with respect to real estate taxes is probably going to be problematic for a lot of people, and I'm concerned that we not entertain what we will have to do with those issues in the context of the budget. So that's one of the concerns that I have with passing a tax bill that 12/15/05 - STATED - 2ND READING obligates us to the reduction of revenues over the next five years without understanding the nature of some of the other problems and obligations that we should have as a Council. So I just wanted to get that on the record.
Any other comments from members of the Committee? (No response.)
Seeing none, the amendment has been presented by Councilman Nutter, made a motion, and it was seconded. All those in favor of the adoption of the amendment will please say aye. (Aye.)
Those 12/15/05 - STATED - 2ND READING opposed? (No response.)
The ayes have it and the amendment is adopted. The Chief Clerk will now read Bill No. 050797 on .
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Grant Avenue and the Roosevelt Boulevard.
Madam President, I offer an amendment to this bill, and copies have been circulated to the members.
I move the adoption of the amendment. 12/15/05 - STATED - 2ND READING (Duly seconded.)
It has been moved and seconded that the amendment be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the amendment has been adopted. The Chief Clerk will please read the title of Bill No. 050863.
An ordinance amending Section 12-1117 of The Philadelphia Code by amending the provision relating to metered parking for physically handicapped persons and severely disabled veterans relating to the establishment of parking for motor-driven cycles and similar motor vehicles, all under certain terms and 12/15/05 - STATED - 2ND READING conditions.
Thank you, Madam President. I offer an amendment to Bill No. 050863. A copy has been circulated to all members of City Council.
Councilman, I think it would be very helpful -- I know that you circulated the amendment this morning. I know our office has received a number of calls on it, so I think it would be extremely helpful if you would explain what the amendment will do to the bill so that people, both viewing our proceedings here and the media, could somewhat explain what the amendment does.
The amendments are a result of conversations that have taken place between my office and the Office of Disability Community, and I was told this morning by Pedro, 12/15/05 - STATED - 2ND READING whose name, I apologize, I can't remember right now, that it has met with their approval. There were some concerns that we may not be meeting ADA standards. The amendments address that and some other technical issues to the bill.
Madam President, the gentleman, Pedro Rodriguez, was the gentleman I was referring to.
It has been moved and seconded that the amendment be adopted. All in favor will say aye. 12/15/05 - STATED - 2ND READING (Aye.)
The ayes have it and the amendment is adopted. The Clerk will please read the title of Bill No. 050864.
An ordinance amending Title 12 of The Philadelphia Code, entitled "The Traffic Code," by providing for the establishment of parking for motor-driven cycles and similar motor vehicles, 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.
Councilman 12/15/05 - STATED - 2ND READING Nutter. (No response.)
Aye. The ayes are 15, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 050933.
An ordinance 12/15/05 - STATED - 2ND READING amending Section 14-305 of The Philadelphia Code by increasing the permitted floor areas of lots designated C-4 in an area of land bounded by Christopher Columbus Boulevard, Vine Street, Water Street and Summer Street.
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.