COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, September 17, 2009 10:15 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO MICHAEL DECKER, CHIEF CLERK 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
Good morning, everyone. I note that the hour has come and that a quorum is present. Council will please come to order. Members will take their seats, and visitors will retire to the seats outside the rails. We are extremely honored this morning to have His Eminence Cardinal Justin Rigali deliver the invocation. He is here today as the guest of Councilwoman Krajewski. I would ask all members and guests to please rise. (Members and guests rise.) CARDINAL RIGALI: Good morning to all of you as we assemble for an invocation this morning. Let us pray. Almighty God and Father, we ask you to be near to us, assembled today for this new session of City Council as we ask your blessing and mercy in these times of special challenge. We seek your heavenly aid to guide all the efforts of integrity and dedication as they endeavor to serve those entrusted to their care. We pray for the Mayor and all who assist him in governing the City of Philadelphia to serve with honesty and compassion as they look to you for wisdom and right judgment. We pray for all who live in this great City of Philadelphia, especially those in difficult circumstances, to persevere with diligence and confidence as they depend on the direction and service of their leaders. May you never fail to show us your way of truth and fill us with the grace to have justice and charity as our legacy. We pray for this in the name of Jesus, the Lord. Amen. (Amen.)
The Chair thanks His Eminence for his very Council will be at ease. (Council at ease.) (Audience member reading loudly.)
Excuse me, sir. I'm sorry. Sir, thank you very much, but you are now out of order and we must proceed with our session. Thank you very much. The next order of business is the approval of the Journal of the meeting of Thursday, June 18, 2009, and the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. Welcome back to the City of Brotherly Love and Sisterly Affection and democracy in action. I move that the Journal of the meeting of Thursday, June 18, 2009 stand approved. (Duly seconded.)
It has been moved and properly seconded that meeting of Thursday, June 18, 2009 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the Journal is approved. The next order of business is requests for leaves of absence, and, again, the Chair recognizes Councilwoman Tasco.
Thank you, Madam Chair. On behalf of the majority, there are no requests for leave of absence today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the minority, for leave of absence.
The Chair thanks the gentleman. 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 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. The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages to the Clerk. The Clerk will please read the messages.
From the Mayor to the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on June 19, June 23, 24, June 25, June 26, July 1 and August 17, 2009, I signed the remaining bills that were passed by Council at its session on June 11, 2009 and all of the bills that were passed by Council on June 18, 2009, except Bill No. 090292, which I have returned without my signature; and Pursuant to Section 2-307 of the Home Rule Charter, I am today transmitting to the Council the recommendations of the City Planning Commission on the following bills: 090468, 090472 and 090517; and I am transmitting herewith for the consideration of your honorable body a resolution providing for the approval by the Council of the City of Philadelphia of a revised Five-Year Financial Plan for the City of Philadelphia covering Fiscal Years 2010 through 2014; and Six resolutions reappointing current members to the Board of Directors of the Center City District; namely, Fisher, Randall Scott, George Burrell, Christopher Terlizzi, Larry Howard and Ernest Jones; and Also three resolutions appointing new members to the Board of Directors of the Center City District; namely, David Marshall, Ahmeenah Young and William Walsh; and Also an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 97 by striking from the City Plan Marshall Street from Bainbridge Street to Kater Street; and An ordinance authorizing the paving of 26th Street from Penrose Avenue to a point approximately 1,832 feet southwardly therefrom; and An ordinance authorizing Vilna Gaston, owner and operator of Festivals Restaurant, to operate and maintain an open-air sidewalk cafe located at 5222 through 24 Walnut Street; and An ordinance authorizing the revision of lines and grades on a portion 42 by placing on the City Plan a right-of-way for drainage purposes extending from 33rd Street to 32nd Street, northeast of South Street; and An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 118 by striking from the City Plan the southerly 20-foot-wide portion of Diamond Street from 10th Street to Alder Street; and An ordinance authorizing the vacating of Edom Street from Arendell Avenue to Linden Avenue; and An ordinance amending Section 2 of an ordinance, Bill No. 070504, approved July 3, 2007, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 197 by striking from the City Plan and vacating the legally open portions of Casper Street from Tioga Street to Russell Street"; and An ordinance authorizing the Mayor, on behalf of the City, to execute the "Southeastern Pennsylvania Mutual Aid and Intergovernmental Cooperation Agreement" by and between the City of Philadelphia and Bucks, Chester, Delaware and Montgomery Counties, all under certain terms and conditions.
Thank you. The messages will be printed in the Journal. The Clerk will please read any other communications in his possession.
Thank you. At this time, the Chair recognizes Councilman Rizzo.
Thank you, Madam President. Madam President, I'm pleased to report that U.S. Airways, a significant presence here in Philadelphia, is holding their corporate meetings, and representatives, managers, employees from all over the world are here in Philadelphia, and I'm fortunate to have Jeanette Bislick, who is the station manager of a great place, the country of Aruba, visiting us. So let's welcome Jeanette.
Welcome. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilman Kenney.
I have three bills, one on your behalf, and two resolutions.
The Clerk will please read the title of the first bill.
An ordinance amending Title 4 of The Philadelphia Code, entitled "The Philadelphia Building Construction and Occupancy Code," by amending Subcode "PM," by requiring the periodic inspection of the exterior walls and appurtenances of certain buildings.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 9-206 of The Philadelphia Code, entitled "Sidewalk Vendors in Neighborhood Business Districts," by creating the Oregon Avenue Business Corridor District.
This bill will be referred to the appropriate committee.
And an ordinance amending Section 19-203 of The Philadelphia Code, entitled "Payroll Deductions," to add the United Service Organizations to the list of designated payees.
This bill will also be referred to the appropriate committee.
And a resolution authorizing the Joint Committees on Legislative Oversight and Commerce and Economic Development to hold public hearings to examine the ongoing leasing procedures at the Philadelphia International Airport.
The Chair recognizes Councilman Kenney for a motion on the resolution.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded. All in favor will say aye. (Aye.)
The ayes have it and the resolution will be referred to the appropriate committee.
And a resolution recognizing the Society Hill Playhouse on the occasion of celebrating their 50th Anniversary season.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce three bills.
Thank you. The Clerk will please read the title of the first bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Market Street, Farragut Street, Chestnut Street and 49th Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing Vilna Gaston to construct, own and maintain an open-air sidewalk cafe at 5222 through 24 Walnut Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 42 by striking from the City Plan a right-of-way for drainage purposes extending from 33rd Street to 32nd Street, northeast of South Street.
This bill will also be referred to the appropriate committee. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I offer one resolution, which I'd like to speak on very briefly.
Co-sponsored by Councilwoman Tasco, Councilwoman Krajewski and Councilwoman Sanchez.
A resolution opposing the proposed closing of many postal offices in Philadelphia.
Thank you, Madam President. Very briefly. I believe it's very important for Council to go on record showing their concern of the proposed closing of many of these local offices in Philadelphia. As is shown by the list that was distributed in caucus this morning, these closings affect just about every neighborhood in the City of Philadelphia. These proposed closings are particularly injurious to senior citizens and low-income residents who may not be able to drive to a more distant location and/or have ready access to a computer, and I think that should be a real concern for all of us. I also wanted to recognize and welcome and commend the members of the American Postal Workers Union, who are kind of standing out there with all those signs back there, who are here today under the leadership of their President Gwen Ivey. 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 say aye. (Aye.)
The ayes have it and the resolution is adopted. (Applause.)
Thank you, Madam President. I offer two bills and one resolution.
Thank you. The Clerk will please read the title of the first bill.
An ordinance amending Section 2 of an ordinance, Bill No. 070504, approved July 3, 2007, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 197 by striking from the City Plan and vacating the legally open portions of Casper Street from Tioga Street to Russell Street."
The bill will be referred to the appropriate committee.
And an ordinance authorizing the vacating of Edom Street from Arendell Avenue to Linden Avenue.
This bill will be referred to the appropriate committee.
And a resolution urging the Mayor to consider a Tax Amnesty Program for the City of Philadelphia.
The Chair recognizes Councilwoman Krajewski for a motion on the resolution.
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 signify by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Tasco.
Thank you. The Clerk will please read the title of the bill.
An ordinance authorizing the paving of 26th Street from Penrose Avenue to a point southwardly therefrom.
This bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I offer one bill and seven resolutions.
Thank you. The Clerk will please read the title of the bill.
An ordinance authorizing the Mayor, on behalf of the City, to execute the "Southeastern Pennsylvania Mutual Aid and Intergovernmental Cooperation Agreement" by and between the City of Philadelphia and Bucks, Chester, Delaware and Montgomery Counties.
The bill will be referred to the appropriate committee.
And a resolution authorizing City Council's Joint Committees on Public Health and Human Services and Public Safety to hold a public hearing to investigate current policies, procedures and standards in all schools located in the City of Philadelphia.
The Chair recognizes Councilwoman Miller for a motion.
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 say aye. (Aye.)
The ayes have it and the resolution will be referred to the appropriate committee.
And a resolution authorizing City Council's Committee on Commerce and Economic Development to hold a public hearing to assess current policies and procedures utilized by publicly-held and other corporate entities and their efforts to increase diversity and minority inclusion in the workplace.
The Chair recognizes Councilwoman Miller for a motion.
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 signify by saying aye. (Aye.)
The ayes have it and the resolution will be referred to the appropriate committee.
And a resolution proclaiming September 2009 as "National Preparedness Month."
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 say aye. (Aye.)
And a resolution proclaiming September 2009 as "National Alcohol and Drug Addiction Recovery Month."
Again, the Chair recognizes Councilwoman Miller.
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 say aye. (Aye.)
And a resolution recognizing September 2009 as Childhood Cancer Awareness Month in honor of childhood cancer patients, caregivers, survivors and those children who have succumbed to the disease.
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. (Aye.)
And a resolution proclaiming October 3rd and 4th of 2009 as "Praise is the Cure Weekend" in Philadelphia.
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 say aye. (Aye.)
And a resolution celebrating 25 years of awareness, education and empowerment, and proclaiming October 2009 as "National Breast Cancer Awareness Month."
Again, the Chair recognizes Councilwoman Miller.
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 say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. I offer two resolutions.
The Clerk will please read the title of the first resolution.
A resolution recognizing September 21st, 2009 as Alzheimer's Awareness Day in 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 say aye. (Aye.)
And a resolution honoring and congratulating the Northeast Times Newsweekly on its 75th Anniversary.
Again, the Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. I move for its adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Green.
Thank you, Madam President. I have two resolutions, one of which I will speak on briefly.
The Clerk will please read the title of the first resolution.
A resolution calling upon the Administration to submit to Council immediately a further revised Five-Year Plan that does not include an assumption about the state providing additional court funding and to provide all requested detail regarding such plan.
Thank you, Madam President. Despite press reports to the contrary, I'd like to make it clear for the record and City Council that we did not approve Plan C. We waived our right to review it so that we spoke with one voice in Harrisburg in seeking approval there. I still support the Mayor's efforts in Harrisburg, and I ask Harrisburg to take action immediately on our legislative agenda there. However, Plan C has now been rejected by PICA. They have requested a modified Plan C that complies with the law. This means they will not vote on our current Plan C, the same as a rejection. A modified Plan C will have to be submitted to Council if we don't get approval by the end of the day tomorrow. This resolution requests that a modified Plan C be submitted to Council forthwith so we have time to review it before we would have to take action next Thursday. Thank you, Madam President. I move for the adoption.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution authorizing the Committee on Streets and Services to hold hearings to assess the results of the Streets Department's dedicated bike lane pilot program on Spruce and Pine Streets in Center City.
The Chair recognizes Councilman Green for a motion.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution will be referred to the appropriate committee. The Chair recognizes Councilman Jones.
Good morning, Madam President. One bill, three resolutions, and I'd like to speak to the resolution on the House of Umoja.
Thank you. The Clerk will please read the title of the bill.
An ordinance amending Section 14-1637 of The Philadelphia Code, entitled "City Avenue Regional Center and City Avenue Village Center Special District Controls."
The bill will be referred to the appropriate committee.
And a resolution authorizing the Joint Committee on Housing, Neighborhood Development and the Homeless and Licenses and Inspections to hold the hearings previously authorized by Resolution No. 090306, adopted April 16, 2009.
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 indicate by saying aye. (Aye.)
The ayes have it and the resolution will be referred to the appropriate committee.
And a resolution authorizing Council's Committees on Commerce and Economic Development and Public Health and Human Services to hold joint hearings on the lack of retail medical clinics in chain stores within the City.
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 say aye. (Aye.)
The ayes have it and the resolution will be referred to the appropriate committee.
And a resolution recognizing and celebrating the House of Umoja on its 41st Anniversary of combatting gang violence in Philadelphia's urban communities.
Thank you, Madam President. Today I introduce a resolution celebrating the House of Umoja's 41st Anniversary in combatting gang violence in the City of Philadelphia and other urban communities. We also have a book here, "No Gang War in '74" written by Stephen Satell, who is also here and I'd like to recognize. But I want to point out a time in the City of Philadelphia's history where the gang violence was such that they had a daily gang count. A lot has changed, but a lot has remained the same. But we thank them for one year where there were zero gang deaths, and we want to replicate that now and forevermore, and I want to recognize Dave Fattah, who is also here, who is a co-founder of the House of Umoja. (Applause.)
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 say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer two bills and one resolution.
The Clerk will please read the title of the first bill.
An ordinance amending Chapter 17-1300 of The Philadelphia Code, entitled "Philadelphia 21st Century Minimum Wage and Benefits Standard," by providing that those who violate the Chapter may be suspended from receiving financial assistance from the City or from bidding on or participating in future City contracts.
The bill will be referred to the appropriate committee.
And an ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a Resolution approved by Council proposing an amendment of the Philadelphia Home Rule Charter confirming Council's power to enact ordinances that require the City, City contractors and recipients of City financial assistance to provide their employees a minimum level of pay and benefits, and/or that require certain or all City contracts to include provisions mandating compliance with such a requirement.
The bill will be referred to the appropriate committee.
And a resolution proposing an amendment to the Philadelphia Home Rule Charter confirming Council's power to enact ordinances that require the City, City contractors and recipients of City financial assistance to provide their employees a minimum level of pay and benefits, and/or that requires certain or all City contracts to include provisions mandating compliance with such a requirement.
Thank you, Madam President. I failed to mention the legislation was co-introduced by Councilwoman Sanchez. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded -it's a Charter change. I'm sorry. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer one bill today co-sponsored by colleague Councilman Jones and one resolution co-sponsored by Councilmembers Blackwell, Tasco and Green.
Thank you. The Clerk will please read the title of the bill.
An ordinance amending Chapter 9-400 of The Philadelphia Code, entitled "Carriers," by adding a new Section 9-410, entitled "Pedicabs," to provide for the licensing and regulation of businesses operating Pedicabs for hire.
The bill will be referred to the appropriate committee.
And a resolution recognizing October as Parent Appreciation Month at the School District of Philadelphia.
Thank you, Madam President. I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. Councilwoman Brown, did I understand you to say that you had two resolutions?
I have one resolution, Madam President. I'm actual co-sponsor on the others that we'll hear about later.
Very well. Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I have six bills, nine resolutions to be referred to committee, and four privileged resolutions.
Thank you. The Clerk will please read the title of the first bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by 8th Street, Filbert Street, 9th Street and Market Street.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 97 by striking from the City Plan Marshall Street from Bainbridge Street to Kater Street.
This bill will be referred to the appropriate committee.
And an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by 12th Street, Catharine Street, Fawn Street and Clymer Street.
The bill will be referred to the appropriate committee.
And an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by 12th Street, Spruce Street, Camac Street and Manning Street.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and Littering," by repealing Section 10-726, entitled "Commercial Establishment Waste Management."
The bill will be referred to the appropriate committee.
And an ordinance amending Section 9-205 of The Philadelphia Code, entitled "Sidewalk Sales," by prohibiting vending on both sides of Aramingo Avenue, between Lehigh Avenue and Duncan Street.
The bill will be referred to the appropriate committee.
And a resolution designating the week of Monday, October 5, 2009 through Monday, October 12, 2009 as Christopher Columbus Week in celebration of the festivities commemorating Columbus' historic voyage to the new world.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move for the adoption of the resolution. This resolution was co-sponsored by myself along with you. Thank you. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution authorizing Philadelphia City Council's Committee on Legislative Oversight to hold public hearings on the Board of Revision of Taxes' governance and assessment methodology.
The Chair recognizes Councilman DiCicco for a motion. COUNCILMAN DiCICCO: 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 say aye. (Aye.)
The ayes have it and the resolution will be referred to the appropriate committee.
And a resolution also naming Spring Garden Street -- I'm sorry; Spring Street between 9th and 10th Streets in honor of Maribelle "Mitzie" Mackenzie.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: 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 say aye. (Aye.)
And a resolution proclaiming the week of September 14, 2009 as "Mom and Pop Store Week."
Again, the Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: 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 say aye. (Aye.)
And a resolution reappointing Wayne Fisher to the Board of Directors of the Center City District.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: I move for the adoption -- these are the district resolutions. Don't they get referred to committee, or no?
Yes. May I suggest to the Clerk that he read them all at one time and we could cast one vote.
A resolution reappointing Wayne Fisher to the Board of Directors of the Center City District and also Randall Scott, George Burrell, Christopher Terlizzi, Larry Howard, Ernest Jones, David Marshall, Ahmeenah Young and William Walsh.
These bills will be referred to the appropriate committee. The Chair now recognizes Councilman O'Neill.
The Chair thanks the gentleman. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have four bills and two resolutions.
Thank you. The Clerk will read the first resolution.
A resolution proclaiming September 22nd as Business to Business Expo Day in the City of Philadelphia.
The Chair recognizes Councilman Clarke for a motion.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution proposing an amendment to the Philadelphia Home Rule Charter to revise the composition of the Zoning Board of Adjustment by designating the Commissioner of Licenses and Inspections as an alternate member of the Board.
That will be referred to the appropriate committee. The Clerk will please read the first bill.
An ordinance amending Chapter 14-1800 of The Philadelphia Code, entitled "Zoning Board of Adjustment," by amending Section 14-1805, entitled "Hearings," by revising the number of members of the Zoning Board of Adjustment that shall constitute a quorum.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 118 by striking from the City Plan the southerly 20-foot-wide portion of Diamond Street from 10th Street to Alder Street.
This bill will be referred to the appropriate committee.
And an ordinance amending Title 4 of The Philadelphia Code, The Philadelphia Property Maintenance Code, by amending provisions relating to Vacant Premises, by allowing for the immediate issuance of code violation notices for unmaintained vacant lots.
The bill will be referred to the appropriate committee.
And an ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to the Philadelphia Home Rule Charter to revise the composition of the Zoning Board of Adjustment by designating the Commissioner of Licenses and Inspections as an alternate member of the Board who may replace any absent or disqualified appointed member.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you. The Clerk will please read the title of the first resolution.
A resolution honoring Nancy D. Kolbs's 21-year career as President and Chief Executive Officer of Philadelphia's famed "Please Touch Museum."
Madam President, I move for the adoption of this resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
And a resolution recognizing, honoring, celebrating and thanking Dr. Wilbur Oaks for his selfless commitment to serving the public in the City of Philadelphia by having established the St. John's Hospice Homeless Soccer Team Program.
I move the adoption of this resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution recognizing and thanking Frank Punzo on the occasion of his retirement after five years of dedicated and excellent service to the people of the City of Philadelphia.
Thank you, Madam President. I'd like to state that Councilman O'Neill, who has the Technology Committee, and also Councilman Clarke, the Chair of the Public Property Committee, also are co-sponsors of this resolution, and I move for the adoption of this resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. As there are no reports from committees, we will consider special business that we have today. The next order of business is the election of the Chief Clerk of the Council of the City of Philadelphia. Nominations are now in order, and the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I nominate Mr. Michael Decker.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Clarke.
Are there any further nominations? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco.
It has been moved and properly seconded that the nominations be closed. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. (Applause.)
I could go on to say there are no further nominations, et cetera, but we all know that Michael has been unanimously voted upon. He has done an outstanding job. I know that he's in every morning at 7:30. him in his office at 7 o'clock at night. I know he's going to do a tremendous job. And, Michael, I would just like to offer my personal congratulations. Good luck. (Applause.)
I am told that we're going to have to call the roll for the record. Okay. Let's call the roll, Michael.
Aye. As I said previously, it was by unanimous vote by all members of Council. I now declare Mr. Michael Decker duly elected Chief Clerk of the City Council of Philadelphia. Again, Michael, congratulations. (Applause.)
The next order of business is the consideration of the Calendar. There are no bills on the First Reading Calendar today. Therefore, the Chair recognizes Councilwoman Tasco for the purpose of calling up bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Bill No. 090121 is being called up for withdrawal. Bill No. 9/17/09 - STATED - 2ND READING 090128, 090408 and 090405 are being called up for the Second Reading and Final Passage Calendar today. All other bills are being held.
Thank you. I can now say would the Chief Clerk please read the title of Bill No. 090121.
An ordinance establishing a no truck parking regulation on the 5200 block of Marshall Street.
Madam President, I move that this bill be withdrawn. (Duly seconded.)
It has been moved and seconded that Bill No. 090121 be withdrawn at the request of the sponsor. All in favor will say aye. 9/17/09 - STATED - 2ND READING (Aye.)
The ayes have it and the motion carries. I would ask the Chief Clerk to now read the title of Bill No. 090128.
An ordinance continuing the East Passyunk Avenue Business Improvement District beyond its termination date.
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 Chief Clerk will now read Bill No. 090408.
An ordinance to amend the Philadelphia Zoning Maps by 9/17/09 - STATED - 2ND READING changing the zoning designations of certain areas of land located within an area generally bounded by a line located approximately 220 feet north of Cumberland Street, the Delaware River, a line located approximately 328 feet south of Berks Street, Beach Street, Richmond Street, Schirra Drive, Beach Street and Cumberland 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.
Councilman DiCicco. COUNCILMAN DiCICCO: Aye. 9/17/09 - STATED - 2ND READING
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. I would ask the Chief Clerk to please read the title of Bill No. 090405.
An ordinance authorizing the Bond Committee to sell bonds at public or private negotiated sale, to provide funds toward various capital municipal purposes. 9/17/09 - STATED - 2ND READING
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. That completes our Calendar for today. Are there any speeches on the part of the minority? (No response.)
Are there speeches on the part of the majority? The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I would like to remind my colleagues that we have our Partnership for Prescription Assistance table outside, and during these days when money is so tight, I hope you'll take and tell your constituents that they can get information or have the van come out to your community so that people can get free prescriptions. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Green.
Thank you, Madam President. A quick review of how we arrived at the current budget situation would be useful, particularly in light of some of the revisionist history in circulation. First, let's recall the budget originally proposed by the Administration. It included a three-year one percent sales tax increase, various reforms to the pension system, both of which measures required state approval, and a 19 percent property tax increase. Council was justifiably tax increase would compound the inequity, non-uniformity and inaccuracy of the existing property valuations. Councilman DiCicco introduced a resolution to look at this very issue today. The Administration and Council were able to find common ground on the sales tax, the one revenue side option the Administration and Council could agree on, but also one that made us more dependent upon state action. In my view, with the benefit of hindsight, we on Council should have adopted our own Plan B, a mix of spending and revenue measures to become effective should the requested state authorizations not be granted by a date certain and that still avoided what many of us view as untenable increases to the property tax. Councilwoman Sanchez had such a proposal that the Administration would not consider as part of our budget compromise. But the important takeaway from is that Council identified a serious problem; namely, that the proposed budget depended upon a revenue source that lacked legitimacy and would inflict real pain on Philadelphians, and worked collaboratively both within Council and the Administration to address it. We must build on this proactive problem-solving approach. If Harrisburg does not provide the requested authorizations, the budgetary stakes at issue will increase by orders of magnitude. City Council can and must play an active role in budgetary deliberations and preparation. The problems we face collectively are of such enormity that we cannot afford pettiness, isolationism or political posturing. Without change, without action, the future viability of the City we know and love is in jeopardy. All talent must be engaged. In forging the path ahead, we of the past budget cycles, including necessity of early and frequent communication and collaboration with the Administration. We should heed President Obama's words to Congress last week: Although the politically safe move would be to kick the can down the road, to defer reform for one more year, one more election, one more term, that's not what the moment calls for. That's not what we came here to do. We did not come here to fear the future. We came here to shape it. Council stands ready to work with Mayor Nutter to deliver for our citizens. We're also ready to move forward on our own if collaboration is not forthcoming. But just imagine how much more we can accomplish in partnership. The time for hand wringing is past. We must act. Thank you, Madam President.
Thank you, Madam President. I wanted to ask my colleagues to join me in wishing our colleague, Councilman Clarke, a happy birthday.
He didn't want everybody to know he's 39. (Laughter.)
Thank you, Madam President. This summer we lost one of this nation's greatest heroes, the late Senator Edward Kennedy, aptly named the "Lion of the Senate." I was deeply saddened at the loss of Senator Ted Kennedy, who, in my view, was blessed and determined to be a voice that was purpose-driven in living a well-fulfilled my seat watching hours and hours and hours of TV coverage all times of day and night of this amazing statesman, his life, his accomplishments, I reflected greatly on what we do here in this Chamber and what issues really matter to the citizens we serve. Since he took office in 1964, the Senator built alliances on both sides of the aisle to pass milestone legislation that opened doors and gave a voice for women, children, minorities of all stripes and those Americans who have been denied a basic human right guaranteed by the Constitution. Thanks to Senator Kennedy, we have Title IX requiring schools to provide our daughters the same opportunities in sports that we provide our sons. Thanks to Ted Kennedy, we have the Family and Medical Leave Act granting families who no longer have to fear losing their jobs due to illness. Thanks to Senator Kennedy, we have early head start, expanding early childhood development. Thanks to Senator Kennedy, we have the Higher Education Act opening the doors of higher education learning to all Americans. And the list goes on and on. Funding for HIV/AIDS, funding for after school funding, funding for menu product labeling, funding for equal pay for equal work and, most importantly of all, affordable and universal healthcare for all Americans, his number one priority focus. His legislative life work is indeed an instruction lesson for me. Unfortunately in Philadelphia, this type of legislative focus far too often has been referred to as soft or lightweight. I can say this with much authority, for I have been criticized for important and relevant issues related to women, children, education and families. Parenthetically, I want to thank Majority Leader Councilwoman Tasco and Councilman Brian O'Neill, who nudged and pushed me for years to become active with the National League of Cities specifically in the area of children, youth and families. My belief in the value of these issues were reaffirmed and best captured by President Obama who said, quote, "Senator Kennedy's ideas and ideals are stamped on scores of laws and reflected in millions of lives, for seniors who now know dignity, for children who know education's promise and for all who seek the American dream." My hope is that the lasting legacies of Senator Ted Kennedy is maybe that these issues will no longer be viewed as soft. My optimism and perseverance on these issues has been reignited, Madam President. I now go about focusing on these issues around women, children and families. And as much as I am excited about sustainability and the environment, when we reflect on the number of bills that were introduced by my colleagues today, it is exceedingly clear that there's still much work to be done. I remain grateful for a chance to be a part of this work process. I remain unapologetically committed to continue to be a voice for women, children and families. As Senator Kennedy said so passionately and famously, Madam President, "The work goes on, the cause endures, the hope still lives, and the dream shall never die." Thank you, Madam President.
It wasn't that long ago today that Councilman Green was talking about the budget. I'm going to follow up on that, maybe with a little different perspective. I believe that the real story about the budget is the real estate tax that didn't happen. It was 19 percent, then it was going to be 14 percent. And I think people understood those numbers. I think what very few people understood was that there was a trigger in that legislation that would have increased the 19 percent to 25 percent, the 14 percent to 25 percent and made it permanent. So if the three-year sales tax did not pass the Senate by budget time -- well, pass the Senate and the House and signed by the Governor -- that sales tax legislation was three years in the initial budget. That sales tax legislation at five years -- and it would have been no different at three years -would not have passed by June 30th. This a 25 percent permanent increase in the real estate tax. I think that's the story that people have to understand. You can't disagree on these facts. Council prevented this from happening. The alternative of the sales tax, I think the Mayor's first three-year proposal and Council's counterproposal of five years instead of the real estate tax should be looked at in as positive a way as you can look at an increase in a sales tax, because back in 1991 when PICA was created and the very large bond issue was enacted to restructure the City's finances, this Council and at that time Mayor Rendell I think made a great error that wasn't repeated this time. That sales tax from six to seven percent was permanent even though our borrowing was only for ten years. That was 20 years ago almost. This sales tax is for five years. It sunsets. And the general tax ever really ends. Well, this one has a much greater chance of ending than any other one would, because we're only going to have three years to spend it. The last two years are going to pay off the deferred pension payments. So we won't have that money in the last -- year four and year five of the five years. And I don't believe the state will give us a sixth year or a seventh year or an eighth year anyway. In terms of the alternatives, the alternatives were cutting starting back in January instead of waiting until the budget. That's the Mayor's prerogative. He exercised his prerogative not to do that back then when a billion point four million was recognized as a future deficit. Instead, rolled it into the budget, waiting for the 2010 budget, which we completed but still has a little piece that hopefully will be filled in next week. I believe the Mayor has had a commitment, as solid a commitment as you can have from the Legislature, to pass the sales tax. I believe that that commitment involved passing the sales tax, but not on any particular timetable other than preventing Plan C. Plan C still has two weeks because of the two-week layoff notice. My understanding is -- and I think it's fair just reading the news -that the state is going to pass a budget tomorrow or over the weekend. They're not going to pass our sales tax until after that. But I still think, given the circumstances, that if you didn't start cutting in January what you had to do with this budget, that the five-year sales tax, borrowing the first two years from the pension fund by not making required payments, was a much better way to go than what would have been a 25 percent permanent increase in the real estate tax. This is the first Council in my memory and talking to other people that where City Council has done anything in the way of opposing a real estate tax proposed by a Mayor. Remember, Mayor Street and Mayor Rendell never proposed one, but going back, there were some pretty large ones and some smaller ones.
They were all approved and by overwhelming majorities. So I think Council should congratulate itself on preventing what would have been catastrophic for the taxpayers of Philadelphia: A 25 percent permanent increase in the real estate tax. I think Mayor Nutter did the right thing. I disagree with my colleague and any other colleague that thinks that we should raise the wage tax any more than it is already. It is the highest in the country. It makes us totally uncompetitive. We already raised it by not lowering it last year when we came up with our first billion-dollar problem. the highest in the country. We don't know how many more jobs we'd have in Center City if we didn't have such an uncompetitive situation, both with our wage tax and our business tax. I applaud the Mayor taking a position, both in his campaign and now during the budget, and saying no more in those areas. I don't think there was ever going to be nine votes or 12. In the situation where the Mayor is totally opposed to it, you need 12 for those things. The sales tax idea is the worst -- or the best of all the other worse ideas. It isn't perfect, but compared to a 25 percent increase in the real estate tax, boy, it sure looks like a pretty good idea. Thank you.
Thank you. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. On that note, following Councilman O'Neill, I'd like to thank the Councilmembers for being always available during our recess to deal with the issues of our legislation in Harrisburg. We met several times during the summer to discuss strategy, strategy that was asked by our leadership in Harrisburg to follow, to speak with one voice from the City with the Mayor and City Council, which we tried to do to show that we were unified here on what we were asking for, and contrary to what you were lead to believe, Councilmembers, there was no time that we asked for a meeting of Councilmembers that they were not available. They were all available and they were working. So we followed our leadership in Harrisburg, led by Dwight Evans, and we hope that Bill 1828 will be passed so that we will not have to implement these Draconian cuts and layoffs that will have the City of Philadelphia. And so I want to say thank you, colleagues, for your time, your commitment and your input and loyalty to the strategy that we chose to take. I also want to thank Councilwoman Blondell Reynolds Brown for her comments. We've tried to get women in elected office for many, many years and worked the past 30 years to encourage women to run, and it was always stated that women only deal with soft issues, but soft issues are people's issues, and having women in elected office has really made a difference in bringing those issues to the forefront, and that's because we've had so many changes, championed by Senator Kennedy and others in the Senate and in the House, as well as by my colleague, Blondell Reynolds Brown. What she did not tell you was that she has been invited by the National League of Cities to present on a panel Families and Children, and that is her involvement because of her limitations to participate fully. But the National League of Cities is our organization in Washington that is lobbying on the Hill to protect the interest of cities and, through their efforts during the campaign dealing with both the democrats and republicans, led the charge to say to the candidates that you cannot forget the cities. The cities' agendas are important, and for so long cities were overlooked. So they were successful in getting that message through. We do have a close collaboration with the President's Office of Urban Affairs and are able to be influential in legislation coming out of Congress. Whether people think that's important or not, but it's important because that legislation affects not only those of us who represent a district but and particularly in this city. So I just want to say thank you, Councilwoman Brown, for your leadership on what you do. And I have an announcement to make. Drum roll. I want to welcome my great grandchild, Lester, who was born on August 14th. Thank you.
Thank you, Madam President. I may be out of hand here, but I would like to refer to the resolution that I introduced, since I was busy speaking with my colleague here.
Absolutely. But since we were speaking about the budget, in 1986, the City did a we were owed $83 million. We collected 25 million from taxpayers when we waived the interest and penalty. According to Controller Alan Butkovitz, if we have a tax amnesty program now, we can easily collect $100 million. That's a lot of money. As of today, the City is owed 1.2 billion in back taxes. We need cash flow to continue services and jobs. A hundred million in taxes would be a lifeline we need. So I'm calling on the Administration to consider this amnesty program, and if not, possibly next week I'll be introducing a bill. Thank you very much.
Thank you. Are there any other speeches on the part of the majority? (No response.)
none, the Chair recognizes Councilman Clarke for a motion to adjourn.
Thank you, Madam President. I move that Council stand adjourned until September 24th, 2009, 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, September 24th, 2009 at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. (Stated Meeting adjourned at 11:20 a.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 foregoing matter on September 17, 2009, 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.)