COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, September 29, 2005 10:05 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, 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 of this Council is present. Councilmembers will please take their seats, and I would ask visitors to please retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Rabbi Alex Lazarus of the Jewish Reconstructionist Federation. He is here today as the guest of Councilman Cohen. I would ask all members and guests to please rise. (Everyone rises.)
Good morning. Today marks the 25th day of the Hebrew month of Elul. We are four days away from Rosh Hashana, and I'd like to read a brief meditation on this month, which is a time for reflection and repentance. God help me through the days of Elul to prepare myself for the new year new life for my body and my soul. Help me face questions I wish to avoid. Help me accept truths that do not comfort. I wish to journey to the light, but the path to it is hidden by all the promises I never kept, by the goodness I deserted. May the words from the past show me the way of return. I begin the road of repentance. Meet me, God, as I journey on it. May all you be blessed in your days today and in the coming months of the year.
Thank you very much, Rabbi Lazarus, for your very inspiring invocation. Counsel will please be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, September 22, 2005, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, September 22, 2005 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, September 22, 2005 stand approved. All in favor will please indicate by saying aye. (Aye.)
The ayes have it. The motion carries, and the Journal of the meeting of Thursday, September 22, 2005 is approved. The next order of business is requests for leave of absence, and, again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. On behalf of the Majority, a leave of absence is requested for Councilman Cohen.
The Chair thanks the Councilwoman. Leave will be granted. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the Republicans, there are no requests 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 being with us and we certainly invite you to come again. At this time, the Chair recognizes Councilman Nutter.
Thank you, President, I wish to recognize and extend additional welcome to a group of young people who have committed themselves to community service. They have been with us, the organization, before. This is the latest core group from City Year for 2005-2006. Staff and team leaders are with us, as well as Rex Carney, Sean Holleran and Deran Neducsin. City Year has teams throughout the City of Philadelphia and in every, or virtually every, Councilmanic district, and they provide a tremendous service to young people throughout the City, both the City Year participants and then the young people that they work with. So I wanted to welcome them to City Council and give them an appropriate welcome and send-off in grand City Year style. With your permission, Madam President, I just need to ask a couple
City Year, how are you all feeling? CITY YEAR: Fired up!
City Year, are you ready for a powerful year of service? CITY YEAR: City Year is always ready!
Would you please stand so that we can recognize you. (Applause.)
We say welcome and thank you. Thank you very much. time, the Chair recognizes Councilman Kenney, who will present a resolution congratulating the Philadelphia Phantoms hockey team for their 2005 championship win. Will Mr. Frank Miceli and those accompanying him please join the Councilman at the podium.
Thank you, Madam President. It's a pleasure to be able to honor a championship franchise in Philadelphia that still provides affordable entertainment value for people of this region. The Phantoms have been a tremendous asset to the City, and that's why we're having them here today to congratulate them on their championship for 2005. With me is COO of the Phantoms, Frank Miceli, who is also a same-year graduate of St. Joe's Prep as I am, Councilman Nutter and Councilman O'Neill from St. Joe's Prep. And, of course, Phlex, everybody knows Phlex. congratulate the Philadelphia Phantoms hockey team for winning the 2005 Calder Cup Championship on June 10, 2005. Whereas, on June 10, 2005, the Philadelphia Phantoms defeated the Chicago Wolves five to two before a Calder Cup record of 20,103 fans at the Wachovia Center; and Whereas, the Phantoms' victory came from a four-game sweep over the Wolves in the best-of-seven championship finals, making this Philadelphia's second Calder Cup Championship in their ten-year history; and Whereas, after a scoreless first period, the Phantoms rallied in the second period to outscore the Wolves four zip on goals by Patrick Sharp, Jon Sim and Ben Stafford; and Whereas, Patrick Sharp added another goal to Philadelphia's scoreboard in the third period to end the scoring at five to two and secure the Phantoms' 2005 Calder Cup Champions; and Whereas, Goalie Antero Niittymaki made 28 saves on 30 shots to ensure the win and earn the Jack A. Butterfield Trophy as the Most Valuable Player of the 2005 Calder Cup play-offs; and Whereas, we congratulate Head Coach John Stevens and his excellent staff for their hard work and outstanding coaching. Now, therefore resolved, by the Council of the City of Philadelphia, that Council does hereby congratulate the Philadelphia Phantoms on winning the 2005 Calder Cup Championship on June 10, 2005, signed by Council President Anna Verna and sponsored by all members of Council. Congratulations. (Applause.)
On behalf of Comcast Spectacor and the Philadelphia organization, I'd like to thank Madam President and all members of Council. Councilman Kenney, Councilman DiCicco, Councilman O'Neill, Councilman Nutter as personal friends, and I thank you very, very much for this honor. We are humbled and honored by it, and we look forward to continue bringing affordable family fun entertainment to the Delaware Valley and Philadelphia in particular. Thank you very much for this honor. (Applause.)
Thank you. Congratulations. At this time, the Chair recognizes Councilwoman Tasco, who will present a resolution recognizing Memory Walks in October and observing National Alzheimer's Awareness Month in November. and those accompanying her please join the Councilwoman at the podium. Councilwoman Tasco is being joined by Councilwoman Brown.
Good morning. On behalf of the President, we are pleased to present this resolution recognizing Memory Walks in October and observing National Alzheimer's Awareness Month in November in the City of Philadelphia. Whereas, the Alzheimer's Association, Delaware Valley Chapter, stages its Memory Walk 2005 in six locations in the tristate areas of Southeastern Pennsylvania, South Jersey and Delaware and this year marks the 15th anniversary of the Memory Walk in the Delaware Valley; and Whereas, National Alzheimer's Awareness Month is observed nationally in November as officially acclaimed by then-President Ronald Reagan in 1982; and Whereas, the Memory Walks are staged not only to create awareness but to raise funds for the support of such programs as family caregiver training, a 24/7, 365-day toll-free help line, support groups and multi-cultural outreach; and
Whereas, the Delaware Valley Chapter provides these services and more to 268,000 individuals suffering from Alzheimer's disease and related dementia; and Whereas, National Alzheimer's Awareness Month brings to the forefront the work being done and research and education to overcome this debilitating and devastating disease. Now, therefore
Resolved, by the Council of the City of Philadelphia, that we hereby encourage support for the Memory Walks as a forerunner to National Alzheimer's Awareness Month in November and urge the business community to participate by team walkers, and we encourage tristate residents to join in by raising funds and participating in the six Memory Walks. Resolved that this is an engrossed copy of the resolution to be presented to Wendy L. Campbell, President, Alzheimer's Association, Delaware Valley Chapter, as evidence of our respect for her, the Association's work and our sincere hope that the dream of prevention and cure will become a reality. Certification that this is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 15th day of September 2005 and supported by all members of City Council. (Applause.)
Thank you so this, and thank you, Madam Chair, and thank you, Council, and thank all of you, the Council people, for your support throughout the 15 years of this. In the past year, our revenues have grown from a little over 3 million to almost 3.9 million, and it's because of support from just you and the businessmen and the people of this area. That helps us to give all the free services that we provide to those 268,000, and those are the ones that live in our area. In the United States, it's 4.5 million. So those 268,000 families and people with dementia really value your support. Thank you. (Applause.)
The Chair now recognizes Councilwoman Miller, who will present a resolution recognizing 2005 as National Preparedness Month. Will Ms. Donna Palmieri from the American Red Cross and those accompanying her please join the Councilwoman at the podium. Councilwoman Miller is being joined by Councilman Rizzo.
Good morning. It is a pleasure to present this resolution to the Red Cross, because I'm sure with our recent visits by Hurricane Katrina and Rita, many of us have wondered what will we do, what will we take if we needed to be evacuated. Resolution recognizing September 2005 as National Preparedness Month. Whereas, National Preparedness Month is a nationwide effort to encourage Americans to take simple steps to prepare for emergencies in their homes, businesses and schools. Throughout September, the U.S. Department of Home American Red Cross will work with a wide variety of organizations to highlight the importance of emergency preparedness and promote individual involvement through events and activities across the nation; and Whereas, the goal of the National Preparedness Month is to increase public awareness about the importance of preparing for emergencies and to encourage individuals to take action; and
Whereas, throughout the month, the U.S. Department of Home Land Security, the American Red Cross and National Preparedness Month Coalition members will ask all Americans to take some simple steps to prepare for emergencies, including getting an emergency supply kit, making a family emergency plan, being informed about different threats and getting involved in preparing their communities; and Whereas, the American Red Cross of nearly 900 locally supported chapters dedicated to saving lives and helping people prevent, prepare and to respond to emergencies. Led by one million volunteers and 35,000 employees, the Red Cross annually mobilizes relief to families affected by some 70,000 disasters, trains more than 15 million people in life-saving skills and keeps U.S. military's family connected worldwide. Whereas, the National Preparedness Month Coalition will distribute emergency preparedness information, host events and sponsor activities across the country to encourage individuals to prepare for emergencies in their homes, businesses and schools.
Whereas, more than 190 national Coalition members will help reach millions of Americans by way of hundreds of events scheduled to take place throughout September. In events, organizations will share preparedness information with their members, customers, employees and communities through websites, newsletters and public service announcements. Now, therefore be it resolved, by the Council of the City of Philadelphia, we will call upon all citizens of Philadelphia to observe September 2005 as National Preparedness Month, and further resolved that an engrossed copy of this resolution be presented to Donna Palmieri on behalf of Tom Foley as CEO of the Southeastern Chapter of the American Red Cross as evidence of the sincere sentiment of this legislative body. This is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 15th day of September 2005, signed by Anna C. Verna, President of City Council, introduced by Donna Reed Miller and co-sponsored by all members of City (Applause.)
Thank you, Madam Chair, Councilmembers and guests. On behalf of the American Red Cross, Southeastern Pennsylvania Chapter and our CEO, Tom Foley, our Board of Directors, a great deal of thanks is extended to you today. We take this proclamation recognizing the American Red Cross very seriously. The trust that the American people and City Council and members of our neighborhoods place in the Red Cross is held dear by us. Tom Foley is not able to be with us today because last week he, too, was deployed to Hurricane Katrina relief efforts. He is in Biloxi, Mississippi. I spoke with him this morning and he extends his hearty thanks. today are members of the American Red Cross representing our chapter. Three of these members are from AmeriCorps, represented in our Red Cross T-shirts. They just returned from a three-week effort in helping the families of this incredible disaster. Very quickly, I just want to tell you that every single day the Red Cross is in your neighborhoods, in our neighborhoods helping families who face local disasters, training people in CPR, in first aid and, in particular, helping our youth become great corporate citizens. We can only do this because of your support and because of the support of the American people. Together we can make a difference. Together we can be prepared. Thank you again. (Applause.)
We certainly applaud and thank you for all the wonderful work you've all been doing. Council will now be at ease. (Council at ease.)
Thank you, Madam President. First of all, I was very remiss last week since I arrived too late to do this, but I wanted to take this opportunity and I should have done it last week, but just as well we did it this week. I would like to welcome back my hard-working legislative aide, Holly Maher, who is coming back. I'd like to do it today because it's also her birthday.
Now, Madam President, if I may take this opportunity to acknowledge three distinguished guests that we have today visiting our chambers. very little introduction. He's well known by this Council and by probably most people in Philadelphia. He is probably Philadelphia's newest philanthropist, and I think that the work he has done through the Philadelphia Crime Commission in making our streets much safer, he has helped many, many families for the victims of crime. He has also done a lot to make sure that criminals who perpetrated that crime saw justice. And I think that the latest case that he was involved in was the solving of the Latoya Figueroa case, the missing woman who was missing here for many, many months. And with that, I would just like to acknowledge the presence of Mr. Melvin Figueroa. If he would like to stand up, I think he's joining us today. (Applause.)
I think all of us wish him well and I think our him. I think we're here to support him and his future. Now, this person is going national. He has helped thousands of people in New Orleans and the state of Mississippi for their devastating loss. He has helped supply them with many not only monetary donations but also a lot of food products, which would go a long way to help them. He also recently is involved in the missing person down in Aruba, Natalie Holloway. And I think knowing him, I think he's going to do everything he can to make sure we have some conclusion to that case. And with that, Joe Mamana, would you please stand up, please. (Applause.)
And Joe has brought with him a very courageous woman who has been fighting, is fighting for, of course, and doing everything she can to make sure her daughter is found, and I fighting to make sure that the criminals who actually were responsible for this disappearance are put to justice. It's unfortunate that the government in Aruba doesn't seem to put this on a very high priority. They seem to be more in tune to protecting their reputation and travel industry than they are in doing the good thing. I will tell you that now I would like to introduce and welcome a devoted and determined mother and, that is, Beth Holloway-Twitty. (Applause.)
Madam President, I would just say that the distinguished guests will be available for the press if they would like to interview them in the Caucus Room. They will be available. Thank you.
Thank next order of business is communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on September 29, 2005, I signed all of the bills that were passed by Council at its session on September 15, 2005, except Bill No. 040698, and, Madam President, I am returning herewith as disapproved Bill No. 040698, passed by Council on September 15, 2005; and I am transmitting for the consideration of your Honorable Body a draft of a resolution approving an amendatory agreement and disposition supplement of the Redevelopment Authority, the City of Philadelphia, for the redevelopment and urban renewal of a Hill St. Hugh urban renewal area; and An ordinance authorizing transfers in appropriation for Fiscal Year 2006 within the Grants Revenue Fund from the Director of Finance to the Department of Records; and An ordinance authorizing transfers in appropriation for Fiscal Year 2006 within the Grants Revenue Fund from the Director of Finance to the Police Department and the Department of Public Property; and An ordinance authorizing transfers in appropriation for Fiscal Year 2006 within the Grants Revenue Fund from the Director of Finance to the District Attorney; and An ordinance authorizing transfers in appropriation for Fiscal Year 2006 within the Grants Revenue Fund from the Director of Finance to the Department of Public Property; and An ordinance authorizing Fiscal Year 2006 within the Grants Revenue Fund from the Director of Finance to the Director of Finance; and An ordinance authorizing transfers in appropriation for Fiscal Year 2006 within the Grants Revenue Fund from the Director of Finance to the Fire Department.
Thank you. The messages will be printed in the Journal. I would ask the Chief Clerk if she would please read any other communications in her possession.
Thank you very much. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the rules of Council be suspended in order to permit the immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor will please indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. On behalf of myself and Councilwoman Brown, I offer one resolution.
The Chief Clerk will please read the resolution.
A resolution authorizing City Council's Legislative Oversight Committee to hold public hearings on whether the Office of Fleet Management's vehicle purchasing policies should require a preference for the purchase of alternate fuel or hybrid electric vehicles, which will facilitate savings, reduce fuel consumption and promote a positive image of Philadelphia as an environmentally conscious city.
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 please say aye. (Aye.)
The ayes have it and the resolution will be referred to the Oversight Committee. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I have no bills or resolutions on my behalf.
Thank you. Councilwoman, are you going to be introducing a resolution on behalf of Councilman Cohen?
Absolutely. Madam President, I introduce one resolution on behalf of Councilman Cohen that has been co-sponsored by all members of Council.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution honoring Wendell W. Young, III, President of Local 1776.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilwoman Krajewski.
The Chief Clerk will please read the title of the first bill.
An ordinance authorizing transfers in appropriation for Fiscal Year 2006 within the Grants Revenue Fund from the Director of Finance to the Department of Records.
The bill will be referred to the appropriate committee.
Excuse me. I believe Councilwoman Krajewski was indicating she has six bills.
Thank you. The Chief Clerk will please read the title of the second bill.
An ordinance authorizing transfers in appropriation for Fiscal Year 2006 within the Grants Revenue Fund to the Fire Department.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriation for Fiscal Year 2006 within the Grants Revenue Fund from the Director of Finance to the Director of Finance.
This bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriation for Fiscal Year 2006 within the Grants Revenue Fund from the Director of Finance to the District Attorney.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriation for Fiscal Year 2006 within the Grants Revenue Fund from the Director of Finance to the Police Department and the Department of Public Property.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriation for Fiscal Year 2006 within the Grants Revenue Fund from the Director of Finance to the Department of Public Property.
This bill will also be referred to the appropriate committee. The Chair recognizes Councilman Mariano.
The Chief Clerk will please read the title of the first resolution.
A resolution calling on the Pennsylvania Public Utility Commission to reject the proposed settlement and plans for the pending merger between PECO Energy's parent company, Exelon Corporation, and New Jersey's Public Service Enterprise Group, Incorporated and, furthermore, to denounce any utility merger agreement that fails to address natural gas prices and offers protection to consumers who heat their homes with national gas.
I move for the adoption. Can I speak on that one second?
Councilwoman Tasco and I are going to be working on something at the City level to have hearings. We discussed it this morning, but I still ask for people to vote for this if they see fit.
Thank you. Is there a second to the Councilman's motion for adoption? (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. Councilman O'Neill, did you want to be recognized?
Yes, very briefly, Madam President. I spoke to the sponsor and I mentioned that I'm going to be voting against this, but I would support hearings in Council on this issue. I just wanted to mention that, but I am voting no. Thank you.
Madam President, similarly, I plan to vote no, but I want to be clear. I come from that company and I want to say this: That Exelon's merger with PECO Energy has been a positive for the area. The rates, rather than skyrocket, have been somewhat controlled. No question that the rates are high and are going to be higher, but I think that an acquisition could even make that a better situation than a bad one. Thank you.
You're welcome. The Chair recognizes Councilman Kelly.
Yes. Madam President, I likewise agree with Councilman Rizzo and Councilman O'Neill. I think that we should be studying the whole effect of this merger, and I, for one, would like to get more information before I go either way on this issue. And I think by having hearings, it makes a much better forum and would give me an opportunity to make a more intelligent decision than this resolution does today. Thank you.
You're welcome. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I, too, will be voting no on this resolution. I mean, I understand that PECO has gone through an extensive negotiation process, but the administration gave many things back that probably they didn't have to or shouldn't have given back, including this fine company that's been headquartered in our city for years has agreed to keep its corporate headquarters here. It employs thousands of people. I see no reason why we should be kicking that company in the shins after they've gone through what they've gone through. I think the merger is a good thing. There's been rate stabilization in the deal, plus the guarantee of the headquarters staying here. So I would urge my colleagues to vote no.
Thank you. The Chair recognizes Councilwoman Krajewski.
I myself, Madam President, agree with Councilman Kenney. So, therefore, I will be voting against this as well and wait for the hearings, because as he stated, they are here in Philadelphia. They have kept the rates down. So, therefore, I will be voting no as well.
Thank you, Councilwoman. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I just briefly did have an opportunity to talk with the sponsor. I'm not sure if he's going to make additional remarks. My comments would pretty much be similar to a number of our colleagues, that the issue itself is very important. I would like to not necessarily be in a position to vote against my colleague's resolution because of the issues that he is raising, but there are any number of very positive aspects to the proposed settlement. That in any way, shape or form should not be taken to mean that the issue that's being raised is not an important issue. It is an important issue. I don't necessarily know that it gets resolved to this particular mechanism, and I would certainly wholeheartedly support hearings on the issue so that we could better understand just what these matters are, and all of us would be well served in that fashion. Thank you, Madam President.
Thank you. I would ask the -- was there a second to the motion? (Duly seconded.)
It has been moved and seconded that the resolution be adopted. I would ask the Chief Clerk to please have a roll call. Councilman Mariano.
At this time, I would like to hold this resolution. At this time, I think by the elegant speaking of my colleagues, I just want to explain one thing. I just want to bring attention to the plight of poor people who constantly get -- the word begins with an S and ends with a T, and I think everybody knows what I'm talking about. It's not against Exelon. Councilman Kenney is exactly right, exactly right. The Public Utility Commission needs to look into this. That's why I brought this up. Now we have everyone's attention. Councilman Tasco is asking me to hold it. Councilman Nutter is asking me to hold it. We're going to bring something back next week. I'd be willing to hold it, if it's not too late into the process, but I'd be willing to vote for it. You know me. It doesn't matter at this point in my life.
The sponsor is withdrawing his motion, and we will look forward to your resolution next week.
You're welcome. The Chief Clerk will please read the second resolution introduced by Councilman Mariano.
A resolution approving an amendment to the redevelopment contract and disposition supplement of the Redevelopment Authority, the City of Philadelphia, for the redevelopment and urban renewal of an additional portion of the Fair Hill St. Hugh urban renewal area.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Tasco.
The Chief Clerk will please read the title of the resolution.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have two resolutions.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution authorizing City Council's Committee on Public Safety to conduct public hearings to examine the current regional incidence of domestic violence suffered by women and men, their updates on measures previously taken by City Council.
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 please indicate by saying aye. (Aye.)
The ayes have it and the resolution will be referred to the Committee on Public Safety. The Chief Clerk will please read the title of the second resolution.
A resolution recognizing October 20, 2005 as Conflict Resolution Day.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Nutter.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 2 of an ordinance, Bill No. 040509, approved June 21, 2004, entitled, "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 296 by relocating a portion of a certain right-of-way for drainage purposes, which lies between Shawmont Avenue and Cross Street."
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer one resolution this morning, co-sponsored by my colleagues Donna Reed Miller and Juan Ramos.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution urging the members of the General Assembly of the Commonwealth of Pennsylvania to extend or eliminate entirely the statute of limitations for reporting crimes involving the sexual abuse of children.
It has been moved and seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Goode.
The Chair thanks the gentleman. The Chief Clerk will please read the title of the first bill.
An ordinance amending Chapter 19-200 of the Philadelphia Code, entitled "City Funds Deposits, Investments, Disbursements," by amending Section 19-201, entitled "City Depositories," by authorizing the City Treasurer to deposit funds in Wachovia Bank, under certain terms and conditions.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 19-200 of the Philadelphia Code, entitled "City Funds Deposits, Investments, Disbursements," by amending Section 19-201, entitled "City Depositories," by authorizing the City Treasurer to deposit funds in Republic First Bank, under certain terms and conditions.
This bill will also be referred to the appropriate committee, and the Chair recognizes Councilman Ramos.
Madam President, I offer no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer one resolution and I would ask to have permission to speak on it. The resolution is being introduced by me, co-sponsored by yourself, Councilmember Clarke and Kenney and co-sponsored by all members of City Council.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution authorizing Philadelphia City Council's Committee of the Whole to hold public hearings on the Board of Revision of Taxes' proposed change in property tax assessment known as Full Valuation, the policy's need and fairness, its effect on taxpayers and the possibilities of mitigating large tax increasing.
Thank you, Madam President. I move for the adoption of the resolution, but I'd like to speak on it.
Yesterday Governor Rendell addressed the State Legislators about the importance of property tax reform and protecting the residents of the Commonwealth. Today we Philadelphians, locally elected officials, need to begin a similar conversation. The Board of Revision of Taxes has proposed to alter property tax calculation and to switch to a system called Full Valuation. This new calculation will reassess every commercial and residential property in the City to more accurately reflect the property's fair market value. The Mayor and City Council will then have the ability to adjust the rate of taxation. The stated intent of the BRT is for this change to be revenue neutral, with the expectation that the Mayor and Council will set an appropriate tax rate and, more importantly, the Mayor and Council will agree on an appropriate tax rate. Revenue neutrality, however, may be somewhat relative. What may be revenue neutral for the City's General Fund may not be revenue neutral for the property owner. In fact, the BRT has already admitted that while most property owners should see little or no change in their real estate tax bill, others will see their taxes decrease and others will see their taxes rise. The theory behind the shift of Full Valuation is sound. It should make real estate taxes easier to understand and may be more equitable. However, in practice, I have grave concerns, not necessarily about the new formula but about the reassessment of the properties. For decades, properties have been grossly undervalued. According to the Board, most properties are valued at approximately 70 percent of their fair market value. However, in some neighborhoods, in neighborhoods that have seen population growth and rising property values, neighborhoods like Passyunk Square, Chestnut Hill, Queen Village, University City, Northern Liberties, Fairmount and the River Wards and dozens of other neighborhoods that have benefited from the real estate market, the BRT has valued properties at far less than 70 percent. For example, a home in my neighborhood in South Philadelphia that is valued currently by the BRT at approximately $90,000 is currently -that same home is now up for sale for $450,000 -- it's actually my home, if anyone is interested -- the BRT has valued my property at less than 20 percent of its actual value. No matter what formula the City uses to calculate my tax rate in 2007, the reassessment alone may drastically increase my tax bill or the future owner. I am not alone. Thousands of property owners around the City have homes that are undervalued, and thousands of property owners around the City may see higher property tax bills as early as 2007. This increased tax burden may be too much for those on fixed incomes to bear. For a city that is still struggling to attract new residents and broaden our tax base, I wonder what impact the reassessments will have on a real estate and construction market that is transforming the City. I am confident that working together, this Council and the Administration can find ways to mitigate the possible increases and allay our constituents' fears, but the conversation must start now, not when the new bills are received by our constituents. You all may remember in 2003, as an example in my district, over 37,000 properties saw a sudden property tax increase based not on a new tax rate but on the Board of Revision of Taxes' reassessment. Myself, my staff we appealed about 2,000 cases that year. As we move into 2007, I hope we don't see a similar situation. And if there's a repeat of '03, all of us are going to do what we need to do to protect our constituents. The important things to remember, it's not that the new formula may be the problem, it's the fair market reassessment that could create the problem for us. The reassessment may not be as damaging as I fear.
It may not be damaging at all, but we still need to begin, I believe, to talk about the issue in order to fully understand its implications and its effect on our constituents. I understand the theory behind the Full Value project. It should modernize the appraisal system, simplify the process and improve fairness. The legislative body should have control over the tax rate. It makes sense, but what happens in theory and what happens in practice are often two very different things. I'm not criticizing the BRT, nor am I criticizing Dave Glancey. I am only asking that we need to bring all the issues surrounding Full Valuation to light and we need to discuss them in detail and in public. I am optimistic that we can find ways to protect our constituents. I have some ideas, and I'm sure my colleagues and the Administration have ideas also. No, I won't discuss them today. Now I don't think is the proper time, and I want to make sure that my thoughts are fully flushed out and I have all the information before I begin making public comments. Council did pass a cap on property tax increases, and I believe it was Councilman Nutter's bill that caused that to happen.
Councilman O'Neill. I apologize. I apologize. My understanding is that there's a Solicitor's opinion saying that we at Council do not have the authority to cap the increase. This hearing, I hope, will allow us to further explore that issue and all the other issues involved. Thank you, Madam President.
You're welcome. And, Councilman, I think that just about every Councilmember certainly concurs with everything you've said and I think we definitely have to have public hearings as soon as possible. The Chair at this time recognizes Councilman O'Neill.
Madam President, I just would like to applaud my colleague for the timing of this. I think we have to get this out in the fall, because it's going to become a key part of the budget in terms of how much we lower the millage and anticipating a huge increase in the total assessments around the City next August, which will be too late for the budget time. So it's going to be very, very important that we're all on top of this and that we have a thorough knowledge of what we're doing during the budget process, because there may be a tug of war on this. Thank you.
Thank you. The Councilman made a motion. Was there a second? (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it. The motion carries, and the resolution will be referred to the Committee of the Whole. The Chair recognizes Councilman O'Neill.
The Chief Clerk will please read the title of the bill.
An ordinance amending Title 14 of the Philadelphia Code relating to "Zoning and Planning," by amending Chapter 14-1100, entitled "Institutional Development District," by modifying the conditions under which amendments to an Institutional Development District are approved by City Council.
The bill will be referred to the appropriate committee.
And an ordinance authorizing the paving of Meetinghouse Drive, Springhouse Road, Applehouse Road and Riverhouse Road, under certain terms and conditions.
This bill will be referred to the appropriate committee.
And an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 395 by placing on the City Plan Meetinghouse Drive.
The bill will be referred to the appropriate committee.
And an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 395 by placing on the City Plan Meyer Place and Ruth Way.
The bill will be referred to the appropriate committee.
And an ordinance regulating the direction of movement of traffic on Ruth Way from Ashton Road to Meyer Place.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the paving of Meyer Place and Ruth Way, under certain terms and conditions.
This bill will also be referred to the appropriate committee, and the Chair recognizes Councilman Clarke.
Thank you, Madam President. I offer one resolution, co-sponsored by all members of Council.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution authorizing City Council's Transportation and Public Utilities Committee to hold public hearings to discuss the impact of the proposed PGW 19.4 percent rate hike on the citizens in Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution will be referred to the Committee on Transportation and Public Utilities. The Chair recognizes Councilman Kelly.
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
Madam President, no bills or resolutions today. Thank you.
5/29/05 - STATED - 2ND READING You're welcome. As there are no reports from committees, the next order of business is the consideration of the Calendar. We have no bills on the First Reading Calendar. Therefore, the Chair recognizes Councilwoman Blackwell, who will please call up the bills to be considered on the Second Reading and Final Passage Calendar.
Thank you, Madam President. Today Bill No. 040851 will be called up for recommitting to committee, and Bill Nos. 050421 and 050660 are being called up for second reading and final passage. All other bills are being held.
Thank you very much. The Chief Clerk will please read the title of Bill No. 040851.
An ordinance permitting three traffic lines on Walnut Street between 40th Street and Cobbs 5/29/05 - STATED - 2ND READING Creek Parkway and requiring that the lane markers on Walnut Street be changed to reflect this change.
Thank you, Madam President. I move that this bill be recommitted to committee. (Duly seconded.)
It has been moved and seconded that Bill No. 040851 be recommitted to committee. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chief Clerk will please read the title of Bill No. 050421.
An ordinance to amend the Philadelphia Zoning Maps by 5/29/05 - STATED - 2ND READING changing the zoning designations of certain areas of land located within an area bounded by Bluegrass Road, Grant Avenue, Ashton Road and Willits Road.
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 16, the nays are zero. A majority of all members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 050660.
An ordinance approving the third amendment of the redevelopment proposal for the 44th and Aspen Urban Renewal Area and declaring that condemnation is not imminent with respect to the project.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 16, the nays are zero. A majority of all members having voted in the affirmative, this bill passes. That completes our Calendar for today. I know that Holly was recognized earlier. We're really very happy that you're back with us. We wish you a happy my understanding that Councilwoman Miller is also celebrating a birthday today, and we certainly want to acknowledge it. Happy birthday and many more. (Applause.)
Many, many more. Are there speeches on the part of the Minority? The Chair recognizes Councilman Rizzo.
Thank you, Madam President. Madam President, for many months or years, it seems like forever, a young man has been here. As you know, we're fortunate to have WHAT Radio broadcast our Council sessions. But a success story: For many years a producer of the Mary Mason Program, in my opinion the Dean of talk radio, is Albert Butler. Al Butler is the guy that makes it sound good throughout the City of Philadelphia, next week, Albert Butler shifts gears and he becomes a talk show host at WHAT every day from 9:00 to 1:00. So I think from producer of a show to a talk show host, he really needs a big round of applause. (Applause.)
Are there any other speeches on the part of the Minority? (No response.)
Are there speeches on the part of the Majority? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco for a motion.
Madam President, I move that Council stand adjoined until Thursday, October the 6th at 10:00 a.m., 2005.
It has been moved and seconded that Council stand adjourned until Thursday, October 6, 2005. All in favor will please say aye. (Aye.)
The ayes have it. The motion carries. Thank you all very much. (Stated Meeting adjourned at 11:10 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 29, 2005, 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.)