It also gives anyone opposing caps -and believe me there are people who would like to have all the revenue they can get regardless of who they get it from or what the circumstances are that that person's -- to go to the State and use the divide and concur principle. And that is, to tell them you can't pass a law that affects 42 percent of the revenue and how is it going to administered and how are you going to explain to people put a cap on yearly increases on their taxes when 58 percent of it could be a hundred percent or 50 percent or 30 percent as it was this year? So it really means no cap at all. " It's too late to affect this year, but it's certainly the right time to look forward to the future and try to prevent this from happening again. With this being an election season, I hope, while that never influences my vote, that we would all be unanimous and behind this and send the right message, not just to the State Legislature, but to the people of Philadelphia who are crying out for this kind of assistance. Thank you.
Thank you, Madam President. Madam President, while I agree with a substantial amount of what my good friend and colleague Councilman O'Neill said prior to me speaking, I am extremely concerned about his reference to the State Legislature and their commitment to have an open dialog and a substantive public hearing, given most recent legislative initiatives that came out of the State. And I'm also somewhat concerned about the timeliness of this particular bill, given the uncertainty of what will 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE happen and the impact on the recent State budget on the School District. There are estimates between 25 and $50 million that we may not yet from the State. So I'm obviously concerned about the outcome of the state initiative so it relates to the School District budget. So for that reason, I would like to make a motion to table the bill for this week until we can get further information, both from the State and the School District. I continue to get conflicting information from individuals who are involved in that as recent as this morning, and yesterday got calls from the School District who said this particular bill will be problematic as it relates to their Five-Year Plan. So I would like to make a motion to table. (Duly seconded.)
It's been moved and seconded and it's not debatable. Councilman Cohen.
I would ask Councilman Clarke if he would withdraw his motion to table for a moment. I would like to get some information on the situation and to express an 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE opinion and see how that impacts on the discussion.
Madam President, point of order. I can't remember the last time we choked a discussion on a motion to table unless it had gone on and on and on. We've never lacked the courtesy to our colleagues of being able to speak on a motion to table if they felt strongly about it.
If Councilman Clarke has no objection, we will certainly hear from Councilman Cohen.
Are we going to set a precedent that we're going to have discussion on the motion to table unless Councilman Clarke withdraws it? That's the rule we've never followed. If this is the first time, I think it sets an awful bad precedent. I've been here long enough to know that this would be the first time.
I would happen to disagree with my colleague, though I may agree with the result that he would seek to obtain. But I think it's been past history that motions to table have always called off all further discussion. That's my memory. And institutionally I think it at least covers the same period that Councilman O'Neill 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE is referring to.
If no one has any objection, we could suspend the Rules and Councilman Cohen can be heard. Councilman Clarke does not have to withdraw his motion. It's just a suspension -
Madam President, I make a motion that we suspend the rules for the purpose of having a debate on this particular motion to table, but I do not withdraw the motion to table.
Very well. All in favor will signify by saying aye. (Aye.)
The ayes have it. The Chair recognizes Councilman Cohen. I think debate has to at some point come to an end. And Councilman Nutter makes a very good point that let's end the discussion and deal with the issue directly. I, for one, find it very difficult to think of the State Legislature as being a place where the City of Philadelphia can look for relief 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE from anything. The way they've entrapped Governor Rendell who may have been foolish in his approach, but nonetheless deserve fair treatment gives me no assurance at all the State is interested in Philadelphia. All they seem to be interested in is cutting services to the people and finding new ways to cut taxes to big corporations. And to me, that's not a healthy approach now or anytime. Therefore, I don't think there ought to be a vote to table at this time. I think we ought to -- let's come to grips with it and vote one way or the other. Either you have confidence in the State protecting us and you'll support Councilman O'Neill, or you'll support Councilman Clarke's view of terminating the issue at this time by your vote. So I would prefer not to see a vote to table and support Councilman Nutter notion that it's time for an end of the discussion and let's act on it. But anybody who looks to the State for help, I think, will only become more cynical because it's quite clear that both the State Senate and State House of Representatives, which are strongly entrenched republican, it's clear quite that they have no interest at all about the people of 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE Philadelphia. Thank you, Madam President.
Thank you, Madam President. When this bill was called up before, I guess I gave sort of a prophetic statement that I believe that Governor Rendell was going to live up to his promise to try to find funding for the schools and to lower property tax. But I also said at that time I did not believe that the republican legislature was going to follow his lead. And that's exactly what happened. So we know that is the case. And I can say that my colleagues bipartisanship and of an open process, to me, is ridiculous because they could pass the bill tonight the way they do things up in Harrisburg. And I'll just say lastly this is in the midst of election year politics. And if you ask me to choose between the kids and their parents, I'm still going to choose the kids. Even though the kids can't vote for me, I can vote for the kids. Thank you. And I call for the previous question to table. 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE
Yes. On the points about the State Legislature vis-a-vis the Governor, I think the Governor is getting his feet wet in Harrisburg. I believe before the budget process is over, things will be much, much different than they were in the last week. There's a way to work with the Legislature that the Governor is realizing. And I would also like to say that the two issues are separate. On one, the Governor is trying to get his vision adopted by the Legislature. I think all or most of that will happen, even though there's been some missed steps in the last few days. But we here are asking the State to give us the flexibility to help our constituents, which they've never given us up to now. This isn't asking the State for aid. It's not asking the State for assistance. It's asking the State for giving us more of an ability to help ourselves and make decisions within the borders of Philadelphia that are fair and reasonable to our constituents and not have a tax assessment model that is injuring, in many cases, the very needy and the most helpless and also giving people reason to 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE move and not think about moving into the City; moving out of and not moving into the City. So I would disagree with what's going on Harrisburg, but I also think it has nothing to do with the current issue since this does not affect the School District this year. This being an election year, we won't see many real estate tax assessments, if history be any guide. And it would really affect the following year, and it will probably take the State that long to do it anyway. But there is a vehicle at the State right now that we already approved, and this would complete it and I think also make our intentions clear to the State Legislature. Thank you.
It seems to me that Philadelphia ought to solve Philadelphia's problems and not look to the State to become a super city council. Philadelphia has its own power and its ability to deal with the situation, and we ought to stop the State meddling. If the State Representatives have nothing else to do and the State Senators have nothing else to do than to deal 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE with City problems, let's change all the laws and forget either the State body or the City Council. We don't need two city councils operating. We ought to solve our own problem in Philadelphia. And that's the reason I'm against looking to the State. All they've done is they've raided our Parking Authority. They've taken away the powers of the City's Gas Commission. And it's dead wrong. They ought to let us in Philadelphia solve our own problems. They took away our ability to control guns on the street. What more can you say about the State? They have no idea what life is like in Philadelphia and the problems that we have to deal with. So I'm asking the State to butt out of the City's business. Let the City control its own business, and I'm not looking for the State to suddenly do anything good. They haven't done anything good yet, and I don't anticipate they will in the future. We don't want them as a super city council. The filing date is too late; if they wanted to have jobs on City Council, they should have filed by Tuesday afternoon at 5 o'clock. Thank you, Madam President.
Thank you. 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE
Point of order. I think we should call the question, Ma'am on this.
Madam President, I have a brief comment. This is the only bill on the Calendar today. It's not like we've been sitting for four or five hours debating this issue. I would just like to reinforce that 17 of us just two or three months ago voted for an identical bill calling upon the State Legislature to help us, not interfere with us, not be a super city council, but do the exact opposite. Instead of taking a something away, give us something, give us more flexibility, which they failed to do in the past. And if I were asking for them to take something away for us, I would agree with my colleague; I also would have never sponsored either bill. Thank you.
Thank you, Madam President. I am reminded that last fall we all voted unanimously for the creation for a Tax Reform 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE Commission charged with the enormous but ultimate responsibility to examine and reexamine our City's tax structure. So I do agree with Councilman Cohen's remarks that we need to be responsible for the handling of our own affairs and give this new Commission, supported by this entire City Council, an opportunity to do what they've been charged to do. Further, I remain hard pressed to support any measure that today, yesterday, or a year from now takes a penny from the Philadelphia Public School System. So again, I say let's call the motion to table the bill. Thank you, Madam President.
I just believe from previous discussions that the Tax Reform Commission is not dealing with real estate taxes but the various business and sundry taxes that the City imposes people outside of the real estate tax. But I also would say that this bill does not take anything away from the School District now or in the future, and there's no attempt to do that. Thank 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE you.
Thank you. A motion to table was made and seconded. And I will make it clear. Those voting yes will be to table. The Clerk will please call the roll. THE
No. 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE THE
Aye. The vote is 8-8. The motion fails. 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. THE
Councilwoman 3/13/03 - STATED - 2ND READING AND FINAL PASSAGE Blackwell.
No. The vote is 8-8. The motion to pass fails. This conclude the Calendar. 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 first like to thank the State Legislature who hosted us, 25 members of the family, the Brooks family, went to Harrisburg on Monday. And while they were there, Representative Mark Cohen, in fact, got up and talked about the drinking age being lowered in this State and how Lucien Blackwell single-handedly fought against that and stopped the drinking age from being lowered to 18 at a pivotal time in our history. Certainly, we thank Bill Duease for the lunch also that he hosted, and my own legislator Jim Roebuck for organizing it. But the entire House honored Lucien, and we are absolutely very, very grateful and we say thank you to them. Finally, it's wonderful that everywhere we go somebody has something different to say to talk some aspect of service that Lu was involved in and he fought for and made a difference in his lifetime. And finally, Madam President, I would just like to thank, if it has not been done, my colleagues. Thank you, Councilman Kenney for lovely flowers. Thank you, Councilman O'Neil for the candy. It doesn't get any better than that. Any lady who gets flowers and candy is happy. Thank you all, and happy St. Patrick's Day.
Thank you. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I'd just like to thank my colleagues for flowers and the candy. One more shout out for my favorite college to let the listening audience know and my colleagues know that our choir, the Bennett College Choir will be on tour this weekend in Philadelphia and New Jersey. They will be at the New Jersey State Museum at 6 o'clock on Saturday, and on Sunday they will be in Philadelphia at 3 o'clock at the James Memorial Methodist Church, 47 East Haines Street. We invite the public to come, it's $20, and hear a wonderful choir and support a wonderful school.
Thank you, Madam President. I just want everybody to know that I appreciate Councilwoman Blackwell's remarks, particularly since one of the two members of the State Legislator she commended, Representative Mark Cohen is my son, and I want the record to know that and everybody to know it. We're all very proud of his 30th year in the State Legislature. So the Cohens, once they get ahold of something seems to stay there a long, long time. (Laughter.)
It runs from father to son and maybe daughters, too. One last thing. It's just strange how a newspaper can be so good and so bad at the same time. Daily News ran, in my judgement, an excellent editorial the other day about Patriot Act 1, condemning it in the terms that were used here in the Council. At the same time they continue to support predatory lending. I'm just shocked that the Daily News has not yet responded because in this morning's Daily News they're still advertising on the second page in large advertising, so I guess they get a lot of money and in some cases at least it looks in the media money overrides principle because they're still following the practice of trying to trap people into getting involved with predatory lending. That's what makes people so cynical about the media. And on Ogontz Avenue, let me say one Miller's office and my office have been slaving for years trying to get Ogontz Avenue re-paved. The residents of that area have worked very hard. They've called the City in addition to calling Councilwoman Miller and calling my office. They've called the City. They probably called many other Councilmembers continuously. And the City couldn't hear a thing until the newspapers wrote an article about it and then suddenly, boom, they came in to do some patch work, at least. That's what makes people so cynical. Let's hope City Government begins to respond better. Thank you.
Yes, Madam President. I'd just like to offer everyone a happy St. Patrick's Day. I just want to say I hope everyone enjoys their Irish treats. And I'm glad I gave them out before Council. I'm only on that kidding. (Laughter.)
We thank you for them, too, Brian. speeches? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco.
President Verna, I move who that Council stand adjourned until Thursday, March 20th at 10:00 a.m. (Duly seconded.)
It has been moved and properly seconded that Council stand adjourned until Thursday, March 20, 2003. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. (Council adjourned at 11:55 a.m.) C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of March 13, 2003, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING ___________________________ Lisa C. Bradley, RPR and Notary Public