COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, February 7, 2008 10:20 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 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. I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Reverend Ellis I. Washington of St. Matthew A.M.E. Church. He is here today as the guest of Councilman Green. I would ask all members and guests to please rise. (Everyone rises.)
Good morning and greetings, Madam President, members of Council. Special thanks to Councilman Bill Green for this invitation. Let us pray. God Almighty, you are known by many names, yet you are one. You are the all-seeing, the all-knowing and the all-present God. You are here now with us. You are the source of our strength, of our courage and our wisdom. We appeal to you, oh, God, to provide this session of City Council with the wisdom needed to know the right course of action and the strength and courage to follow through on those convictions. God, we're living in a time when there are masses of jobless and working poor who are crying out for help from those elected to serve them. We pray that the actions of this session of the Philadelphia City Council are a reflection of the fact that we have heard their cries. Help us, oh, God, to help each other. This we pray in your magnificent name. Amen. (Amen.)
The Chair thanks Reverend Washington for his invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, January 31, 2008 and the Journal of the meeting of Monday, February 4, 2008. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, January 31, 2008 and the Journal of the meeting of Monday, February 4, 2008 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, January 31, 2008 and the Journal of the meeting of Monday, February 4, 2008 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the Journals are approved. The next order of business is requests for leave of absence and, again, the Chair recognizes Councilwoman Tasco.
Madam President, there are no requests for leave of absence.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Rizzo.
Madam President, there are no requests for leave of absence from the republicans.
The Chair thanks the Councilman. The Chair will dispense with the regular order of business to 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. At this time, the Chair recognizes Councilwoman Tasco, who will present a resolution honoring Officer John W. Kenner. Will Officer Kenner and those accompanying him please join the Councilwoman at the podium.
This is a resolution honoring Philadelphia Police Officer John W. Kenner on his retirement. Whereas, the City of Philadelphia is pleased to recognize and honor Police Officer John W. Kenner on the occasion of his retirement following more than 31 years of service to the Philadelphia Police Department and the Philadelphia; and Whereas, John W. Kenner was appointed to the Police Academy on May 24, 1976 and, upon graduation in September 1976, was assigned to the 22nd Police District; and Whereas, in February 1981, Police Officer Kenner was transferred to the Juvenile Aid Division and in March 1983, he transferred back to the 22nd Police District. In 1985, he transferred to the Traffic Unit and in 1988, he transferred to the Organized Crime Intelligence Unit; and Whereas, in January 2000, Police Officer Kenner transferred to the Civil Affairs Unit, the department in which he served until his retirement on December the 21st, 2007; and Whereas, during his tenure, Police Officer Kenner has worked diligently to make the Police Department a better law enforcement agency and to improve the quality of life for the has brought pride to the Department, honor to his badge and a record of professional excellence. Now therefore resolved, by the Council of the City of Philadelphia, that we recognize and honor Police Officer John W. Kenner on the occasion of his retirement after 31 years of service to the City of Philadelphia. Further resolved, that an engrossed copy of this resolution be presented to Police Officer John W. Kenner as evidence of the sincere sentiment of this legislative body. Certification, that this is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 24th day of January 2008, and it is supported by all members of City Council. (Applause.)
And you will all recognize that he served a lot legislative body, and we congratulate you. OFFICER KENNER: Right in that corner.
Right in that corner over there. And wish you well in your retirement.
The Chair recognizes Officer Kenner for remarks. OFFICER KENNER: First of all, I'd like to give thanks to God almighty. If it wasn't for him, wouldn't none of this be possible. Second of all, I'd like to thank my wife for putting up with me for 30-some amount of years. And I'd like to thank my captain, Bill Fisher, for eight years of service. And I'd like to thank the FOP, Bobby Herson, the FOP. And I'd like to thank the City Council members, Marian Tasco and the rest of the City Council members, plus my family. They can always be my family, whether I'm retired, whether I'm passing by, whatever. I'm still going to stop in to say hello, offer a friendly word or advice. And I'd just like to thank you, God, for these years. Thank you. (Applause.)
Thank you, Madam Chair. I beg your indulgence for one moment. I just want to say on behalf of myself and all the members of Council, especially Councilman DiCicco, who he and I have been sometimes the brunt of some pretty crazy activity in here during the years, here and the sixth floor when we were upstairs, you are the epitome of a police officer, strong, honest, tough, but not mean, and we really do appreciate your service. Thank you. (Applause.) OFFICER KENNER: I'd like to add, too, Councilman Goode, every time passed by me in the corner, I said, Councilman Goode, every time you put someone in front of you, you always have that person squirming in the chair when they start testifying. He offered me a friendly smile and he said, Look, I don't have nothing else to say.
You have our best wishes. Congratulations. Council will be at ease. Oh, I'm sorry. Councilwoman Blackwell. I didn't see your light on.
Thank you very much. I don't know about any special relationships certainly that my colleagues had. And so I applaud him for all the relationships that you've had with so many of us over the years, but in my life, you've always been just warm and friendly and professional. You've always been absolutely great. We'll miss you. Thank you for your years of service. OFFICER KENNER: Thank you. (Applause.) (Council at ease.)
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages 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 transmitting for the consideration of your honorable body the following: An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan Nos. 387 and 402 by striking from the City Plan and vacating the westerly 32 feet wide and variable width portion of Island Avenue; and An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan Nos. 361 and 367 by placing on the City Plan a 15 feet wide right-of-way for drainage purposes adjacent to the northwesterly side of Bustleton Avenue, all under certain terms and conditions.
Thank you. The messages will be printed in the Journal. I would ask the Chief Clerk to please read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilman Kenney.
The Chief Clerk will please read the title of the resolution.
A resolution authorizing the Committee on the Environment to hold public hearings to examine the Procurement Department's purchasing policies and goals related to sustainable and energy-efficient products.
The Chair recognizes Councilman Kenney for a motion.
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 Blackwell.
Thank you, Madam President. Today I introduce one bill.
The Chief Clerk will please read the title of the bill.
An ordinance granting permission to Sunil Shroff, owner and operator of the newsstand located on the northwest corner of 40th Street and Spruce street, to construct, use and maintain conduits for fiberoptic facilities in, under and across the northwest corner of 40th and Spruce Streets.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Greenlee.
The Chief Clerk will please read the title of the bill.
An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Chapter 14-300, entitled "Commercial Districts," by adopting a new Section entitled "Trans-Oriented Development District," to promote mixed-use higher-density development in certain areas in order to encourage the use of public transit and less reliance on automobiles, all under certain terms and conditions.
I'm sorry. The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chief Clerk will please read the title.
An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan Nos. 305 and 306 by placing on the City Plan Delaware Avenue from Lewis Street to Buckius Street.
This bill will be referred to the appropriate committee, and the Chair recognizes Councilwoman Tasco.
Madam President, I offer two resolutions, one co-sponsored by Tasco and Councilwomen Brown and Quinones, and another resolution co-sponsored by Miller, Jones, Reynolds Brown and Quinones, and one bill on your behalf.
The Chief Clerk will please read the title of the bill.
An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan Nos. 387 and 340 by striking from the City Plan and vacating the westerly 32 feet wide and variable width portion of Island Avenue.
The bill will be referred to the appropriate committee.
And a resolution authorizing the Council Committee on Public Health and Human Services to hold hearings on the findings and recommendations of the Urban League of Philadelphia's report "The State of Black Philadelphia," and further authorizing the Committee to seek advice and recommendations on how Philadelphia can level the economic playing field for all citizens.
It goes to committee. 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 the Council Committee on Public Health and Human Services to hold hearings to investigate the City funding and operational changes of Philadelphia Safe and Sound and its impact on the delivery of social services in Philadelphia.
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. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I offer one resolution.
Thank you. The Chief Clerk will please read the title.
A resolution proclaiming April 25th to 27th, 2008 as "Global Youth Service Day."
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. The Chief Clerk will please read the title.
An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan Nos. 361 and 367 by placing on the City Plan a 15 feet wide right-of-way for drainage purposes adjacent to the northwesterly side of Bustleton Avenue.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Green.
Madam President, I offer one bill and one resolution co-introduced and co-sponsored by Councilman Goode.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 19-1303 of The Philadelphia Code, entitled "Authorization to Offer Exemptions from Real Estate Taxes on Improvements to Deteriorated Industrial, Commercial or Other Business Properties," by revising the boundaries of the area in which properties are eligible for exemptions, under certain terms and conditions.
The bill will be referred to the appropriate committee.
And a resolution declaring that certain areas of the City, specifically the area bounded by Delaware Avenue, Shackamaxon Street, the Delaware River and Ellen Street and the area bounded by Christopher Columbus Boulevard, Reed Street, the Delaware River, Tasker Street, as a result of the extraordinary act of the Pennsylvania Gaming Board in granting gaming licenses to those particular sites, are no longer found to be deteriorated under 19-1303 of The Philadelphia Code.
The resolution will be referred to the appropriate committee. The Chair recognizes Councilman Jones.
The Chair thanks the gentleman. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you. The Chief Clerk will please read the title of the resolution.
A resolution authorizing the creation of a Special Committee on Gender Parity of the City Council of Philadelphia, to identify problems related to the social, political, educational and economic empowerment of women and to explore and develop initiatives to advance parity for women.
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 please say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer one resolution and one bill. The bill has been co-sponsored by yourself and Councilman O'Neill.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance designating the Family Court Building located at 1801 Vine Street as "The Judge Nicolas Cipriani Family Court Building."
The bill will be referred to the appropriate committee.
And a resolution authorizing Philadelphia City Council's Committee of the Whole to investigate the conditions and provisions of the agreements between the City of Philadelphia and HSP, doing business as SugarHouse Casino, and between the City of Philadelphia and Philadelphia Entertainment and Development, doing business as Foxwoods Casino.
Is that to be referred to the Committee of the Whole, Pat?
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 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 Committee of the Whole. The Chair recognizes Councilman O'Neill.
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have two bills and one resolution.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing the Free Library of Philadelphia, on behalf of the City of Philadelphia, to accept a grant from the Commonwealth of Pennsylvania Department of Education for renovations to the Central Library Branch of the Free Library at 1901 Vine Street.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 9-600 of The Philadelphia Code, entitled "Service and Other Businesses," to add a new Section 9-630 regulating the operation of certain take-out food establishments that have limited seating, all under certain terms and conditions.
This bill will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 18th, 32nd and 47th Wards of the City of Philadelphia.
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 Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
Madam President, no bills or resolutions today. Thank you.
Thank you. The next order of business is reports from committees, and the Chair recognizes Councilwoman Krajewski for a report from the Committee on Appropriations.
Madam President, the Committee on Appropriations reports two bills out with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee on Appropriations, to which was referred Bill No. 080009, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the Grants Revenue Fund from the Director of Finance - Provision for other grants to the Police Department, the Law Department and the City Commissioners"; and Bill No. 080010, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2008 from the General Fund - Provision for other grants to the General Fund, certain or all City offices, departments, boards and commissions," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Madam President, I move that the rules of Council be suspended so as to permit first reading this day of Bills 080009 and 080010. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee. All in favor will say aye. (Aye.)
The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. The next order of business is the consideration of the Calendar. The Chief Clerk will please read the bills on 2/7/08 - STATED - 1ST READING the First Reading Calendar.
Bill No. 080009, an ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the Grants Revenue Fund from the Director of Finance - Provision for other grants to the Police Department, the Law Department and City Commissioners.
And Bill No. 080010, an ordinance authorizing transfers in appropriations for Fiscal Year 2008 from the General Fund Provisions for other grants to the General Fund, certain or all City offices, departments, boards and commissions.
The Chair agrees. There are no bills on the Second Reading and Final Passage Calendar for today. Are there any speeches on the minority? (No response.)
Are there speeches on the part of the majority? The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I'd like to have a few remarks concerning the resolution that was introduced by my colleague, Councilman Green, this morning. We all know that for every action there's an equal but opposite reaction and everything we do has consequences. Sometimes we know exactly what those consequences will be and sometimes we actually don't. As legislators, we need to be careful about those unforeseen consequences. Before I say anything else, I'd like to welcome Councilman Green into this casino conversation and debate. As Councilman Clarke and I well know, this issue, with no easy answers, that takes up a lot of time and energy, and I'm happy to have another set of eyes. Certainly Councilman Green's relationship with the Building Trades, who have lobbied so hard for these developments, will be beneficial. Having said that, however, I do have some serious concerns about the bill introduced today. When people first get involved in the casino issue, most of it seems in terms of black and white, but all too often we haven't recognized the shades of gray we have to work with. I have to wonder if Councilman Green had been around for a few more months whether or not he would have made the same decision or would he have gone about it in a different way than he did. I think it's unfortunate that he felt it necessary to lobby the developers, the Administration and our colleagues even before he introduced the bill, even after I have valid concerns. While I disagree with his goal and principle -- while I agree, excuse me, with his goal and principle, in my opinion, this legislation opens up a can of worms. The abatement is a major reason for the construction boom in this city. This bill, in my opinion, raises questions on the validity of abatement as a whole, clears the way for yet another lawsuit, and codifies the current locations for gaming facilities. The first question I have is whether or not this bill violates uniformity. Tax uniformity is guaranteed under the state Constitution. Uniformity is the reason I didn't exclude casino construction from the abatement a few years ago. We couldn't figure out how to get it done without violating state law. Councilman Green's version may avoid that issue, but it will certainly be challenged in the court. I am not confident of Council's chances of winning only hope that we don't lose the entire abatement program. I am also uncomfortable declaring that these two parcels are not deteriorated. In fact, they are deteriorated. This land has sat vacant for many years. Admittedly, because the owners have been waiting for gaming to be ushered into the City of Philadelphia. In near proximity, actually adjacent to both of these sites, there are residential and commercial properties that have enjoyed the abatement. I'm not certain how we claim that these two parcels are not deteriorated but across the street is. It just doesn't make sense. How can we declare a property non-deteriorated based on the future use of the property? If so, then no project in the City of Philadelphia should enjoy the abatement. And I wonder what's to stop us from exempting a specific parcel of land because our constituents don't This is a dangerous precedent. I'll concede that it may be time to examine the abatement as a whole, and I've said that in the past, but it must be done holistically, not piecemeal. We must be proactive rather than reactionary, because if we start down this road, it will be a very slippery slope. I am committed to protecting one of the largest regions for the development boom in the City of Philadelphia.
Councilman Green's bill will also avoid the tax settlement agreements that both casino developers have already signed with the City. I admit I have some concerns about those agreements. That's why today I introduced a resolution to investigate them, to start a public dialogue about each agreement's provisions and to determine whether or not the agreements were appropriate. I'm void those agreements without full consideration. Finally, despite Councilman Green's efforts to avoid this issue, I think final passage of this bill would be tantamount to admitting that these casinos are going to be built at the current locations. My constituents and I are not willing to admit that yet. If Councilman Green is ready to go down that road, I have a few thousand constituents that he may want to talk to. And Councilman Green, if he is not willing to do that, if he's not willing to do so, face those residents on both sides of this issue, then I suggest he keep his nose out of this issue. Thank you, Madam President.
You're welcome. The Chair recognizes Councilman Kenney.
Thank you, Madam President. the 1st Council District and a citizen of Philadelphia who lives about, I would say, nine blocks from the Foxwoods site, I think I have a right to make a comment about my District Councilperson's efforts over the past three years. This has been an amazingly insane process that was forced upon us by Harrisburg and the Harrisburg representatives in the dead of night, signed by the Governor, with no provisions for neighborhood protection whatsoever. The sites were chosen under a questionable process. The sites are what they are. And there are people who are extremely upset about the future of the port of Philadelphia, about the future of their neighborhoods, while at the same time representatives in Harrisburg are voting to preempt our zoning rights on four separate occasions. I think Frank DiCicco has balanced this process in a meaningful and past three years. He has attended meeting after meeting after meeting after meeting, he and Brian Abernathy on his staff. He has experienced and went through what I would think is one of the most bizarre elections I have ever seen, where Frank DiCicco became the casino flunkie, quote/unquote, while the state Reps and Senators who gave us gaming seemingly skated somehow, but Frank became the focus of all of this stuff. And through this process, what Frank DiCicco has become, whether he wanted to or not, is a casino and gaming expert. I don't think he ever set out to be one, but he's also gotten involved and understood and become an expert in the siting and zoning of casinos. I trust him. I trust the work that he's done. And what I am fearful of, in echoing Councilman DiCicco's comments, is that this curve ball, that this new dynamic throws a whole new spin a balancing act that he has done quite well. Now we're going to have people reacting to this introduction to this legislation. I've heard already that maybe if they don't get their tax abatement, that they're going to maybe not do the amenities and do the river walk and the park land and the type of greenery that they've been saying. I don't want an ugly box casino in my neighborhood on Delaware Avenue because they didn't get a tax abatement, if that in fact happens. I think that Frank DiCicco has done a great job under unbelievable circumstances in balancing this issue and dealing with neighbors and dealing with developers and dealing with the state Legislature and dealing with the Governor's office. And, frankly, as a member of this Council at-large, as a resident of the 1st Council District and as a neighbor to the casino, I think he deserves more respect.
Thank you. The Chair recognizes Councilman Green.
Yes. Point of personal privilege, Madam President. I have tremendous respect for Councilman DiCicco and Councilman Clarke and everybody else who has been deeply involved in this issue for the last two years, and I would welcome the opportunity to come to Councilman DiCicco's district at any time and speak to people about the casino issue, hear their concerns about the current sites. My resolution specifically is a tax measure. It is intended to increase revenue to the City of Philadelphia at a time when we are told by the Administration that we are running out of revenue. In this morning's Daily News, I note "Drop in housing sales means cities dollars." Finance Department, "Slump could cost $10 to $15 million by July." So what my bill, although some people say it is raising shades of gray, it's really shades of green, and, that is, how many dollars is the City of Philadelphia going to get from casinos. The state Gaming Act itself, when they proposed casinos, limited the ability of casinos to receive any tax abatements at the state level. I can't understand why the Administration didn't deal with this three years ago and suggest that we limit abatements. Specifically, two years ago, three years ago, the sites hadn't been chosen yet. This legislation couldn't have been introduced. The Supreme Court has acted with SugarHouse. What we have here is an unfortunate timing issue. And Councilman DiCicco mentioned consequences. The consequences of not introducing this bill today or the City will lose the ability to end the abatement, should it decide to do so, because actions will be taken by the casinos that could vest their right in that abatement. I am advised by the Law Department that time is of the essence. I have worked with Councilman DiCicco's office for two weeks trying to find a bill or resolution that would be acceptable to him. I don't intend to step on his territory. I have tremendous respect for everything he has done, and I look forward to working with him on this issue in the future.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I'd simply like to shift gears here, but if there's continued remarks that desire to be made on Councilman Green's bill, we should I go to this final announcement.
Thank you. Councilman DiCicco, your light was on. COUNCILMAN DiCICCO: No.
Yes. I wanted to bring to everyone's attention another matter of great concern to many of us. Today immediately following Council at 11:30 there will be a briefing on the RFP surrounding the golf courses here in the City of Philadelphia. A number of questions have been raised. The briefing will be our first step towards seeking answers, followed by a hearing, which will take place next week, February 12th. Thank you, Madam President.
Thank other speeches on the part of the majority? The Chair recognizes Councilman Green.
I just want to make one final point on this issue, and, that is, I believe that we'll get additional revenue if we remove the abatement. I also believe that this measure can be used by the Administration or Councilmen DiCicco or Clarke in their negotiations with the casino. We're not passing this today. We're proposing it to reserve our rights to remove the abatement, should we decide to do so. But I do represent the public school children of Philadelphia, who would have 60 million more dollars over the next ten years if casinos did not have the abatement. I represent the people who live on trash-strewn streets because we have 1,200 fewer sanitation 10 or 15 years ago. I represent the people in Northeast Philadelphia and Southwest Philadelphia that die because ambulances don't arrive on time because the City doesn't have the resources. And it is those people who also need a voice on this issue in order to maximize the revenue to the City of Philadelphia from gaming. Thank you.
You're welcome. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, before I close the session, I just wanted to say to Councilman Green, thank you for the offer for giving this opportunity to use this as leverage during the course of the negotiations, but I don't particularly need this one. So thank you. Madam President, I move that --
Excuse me. We have Councilman DiCicco that would like to be recognized. COUNCILMAN DiCICCO: I apologize. I changed my mind, obviously. I didn't want to comment, but after the last remarks by my colleague, Councilman Green, I think I need to say a few things. I appreciate what he's talking about in terms of revenue. I'm not suggesting that we should forego all those anticipated revenues. Under the agreement by the Street Administration, there have been some concessions that have already been made voluntarily by the two operators. They're not getting away with a flat free ten-year tax abatement. They have made some concessions that they would pay a portion of the real estate tax, but in return, as Councilman Kenney was alluding to, there are other improvements that they were not required would do on behalf of the City of Philadelphia in terms of not only streetscape improvements but infrastructure improvements. As an example, the sewer systems that are directly across from the Foxwoods site, the casino operators agreed to replace and upgrade those systems to the tune of over $7 million. That's $7 million that the taxpayers of Philadelphia would not have to pay. So there has been this discussion. The problem is that, with all due respect, Councilman Green wasn't here, hasn't been around -- I don't mean just in this Chamber, but in Philadelphia -- long enough to understand the things that myself and my colleague, Councilman Green (sic), and the previous Administration have been dealing with. So this is not just giving them an opportunity and say, You're not going to get the abatement. We have to take into consideration some of the givebacks. track, fighting on re-siting, trying to convince them to go somewhere else, while at the same time understanding that if we lose that battle, getting the best return for the investment on behalf of all the citizens of Philadelphia. And we talk about EMS units. That's one of the issues that's on the table and has been discussed with the operators. We don't want the City of Philadelphia's EMS units responding to situations that occur in their casinos. We want the casinos to provide for that service. So we actually do know what we're talking about here, and we have been, because, again, for three years we have been working on this issue. I just thought I had to make that point. It's not just about taxes. It seems like you want to promote yourself citywide to the people in Southwest Philadelphia. That's kind of like a red herring in this situation. doing. The prior Administration, I think, did some things in their community benefits agreement that I would not agree to. That's why we're going to have a full public disclosure and hearings, to talk about what they did and see if we can fine tune that so that we do protect the citizens of Philadelphia and get the best return. He fails to mention that Senator Fumo did an amendment to the act that says the first $5 million that is generated by the casinos goes to the School District. So it's $5 million a year for perpetuity. Thank you, Madam President.
You're welcome. The Chair recognizes Councilman Green.
I just have to say that if my comments in any way demonstrated that I believe that know what he's doing on this issue or hasn't worked hard on it, I certainly didn't intend it. I have the tremendous admiration and respect for Councilman DiCicco and his efforts on this matter, and I'm glad we can continue this debate on a substantive policy ground. I certainly have no personal agenda here. Thank you, Madam President.
You're welcome. The Chair recognizes Councilman Goode.
Thank you, Madam President. I was actually pleased to co-sponsor this bill by Councilman Green. He talked to me about it a couple weeks ago and he talked to me about it actually in the context of his broader economic development agenda. So this is not a new Councilman just seeking an issue. He talked about a broad agenda that will deal with development of he has in mind regarding that, that deals with how we use tax incentives to spur job and economic growth and what we should and what we should not be doing. I have not just been around for a few weeks. I've been around for over eight years. I've been around for the entire debate of this issue, and I've had the opportunity to speak with Councilman DiCicco on this issue last evening and in the past. And as Councilman DiCicco said, this is about what the best return on our investment is going to be, and I simply believe, as I believed a couple weeks ago when I discussed it with Councilman Green, that we cannot forego those tax dollars. My position is consistent with the position I've taken over the last eight or nine years with regard to tax increment financing and the fact that we actually were giving tax incentives where they were not needed. In many cases, in DiCicco's district. While we were giving tax forgiveness to build buildings within Center City, parking garages sometimes across from other major developments and those type of things, and the amount of money we were losing in terms of City revenue and in terms of School District revenue, I complained about it for eight or nine years. There simply is no need to do tax incentives where they're not needed to spur development. So this is a case in time where they're not needed to spur development in these areas. This is a very serious discussion that I launched in terms of the use of tax incentives and economic development several years ago, and remains consistent with my thought that there are concerns about casinos, but if they're going to be built, then essentially they should be taxed fully, and that probably outweighs any of the plans and deals that have been struck of the matter is, at the end of the day, what we've done on TIFs should have been challenged. What tax increment finance districts are supposed to do is to offer tax incentives throughout complete areas in order to benefit deteriorating and underutilized areas. That's not what we've done. What we've done is simply say we're going to offer a TIF to a particular building or a project, and that's wrong. But that was not challenged in court in terms of uniformity or fairness, and so I don't believe this will be challenged in court in terms of uniformity or fairness. We have to begin a new conversation about how we use tax incentives for economic development and whether we're giving up revenue to the City and revenue to the School District that is needed. And so whether that comes from a new member or slightly older member, it's a discussion that should be
You're welcome. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I totally agree with Councilman Goode. The only difference between his comments and this particular legislation is that it's a specific area that's being targeted. I agree with his holistic approach to a citywide examination of TIFs and tax abatements. I think it's a long time coming and I think it's important that we do it, and I think we probably wouldn't be having this debate if there were not specific parcels of land that were discussed in specific legislation. So I do agree with Councilman Goode as far as our probably overuse of a lot of tax incentives and a way of kind of reining that back in and maximizing it comes to development, but I think part and parcel of this debate today and a big part of it is that it's a specific two pieces of land in a Councilmember's district. Thank you.
You're welcome. The Chair recognizes Councilman Goode.
Thank you, Madam President. Just about every tax incentive we've done, particularly TIFs, have been specific parcels of land, sometimes just projects or just buildings, and most of them have been in the 1st District. So to suggest that an at-large member can't take on an issue of a TIF because it's in a district is something that just doesn't fly, because that's money that would be going to the operating budget and/or to the School District. Furthermore, a lot of what we and economic development, aside from just being about whether they actually create incentives or don't create incentives, has to be about whether it's actually fair and uniform, and we have not done that with fairness and uniformity. We have consistently already in the past said that we will offer tax breaks to this building or this project, but not the people across the street.
Thank you. The Chair recognizes Councilman Green.
I just want to make two comments quickly, one with respect to the locations. I talked to the Law Department about eliminating the tax abatement on the basis of a zoning designation, on lots of other bases. I am told that the way to make it most enforceable is to specifically, under the state statute do abatements, is to specifically mention the streets and boundaries, and I'm certainly sensitive to the issue that Councilman Kenney raises. However, I will note that no one in the City of Philadelphia chose those areas of land. It's the extraordinary act of the state Gaming Board that chose those acts of land, and in so doing, they took that land from deteriorated to non-deteriorated. Somebody just paid $70 million for the Foxwoods site. That's not deteriorated. There is no incentive needed to develop that land, and we shouldn't be providing incentives to people who are going to operate licensed gaming facilities. I made a campaign promise to try to maximize the revenue from casino gaming, and I'm keeping it today.
Thank you. The Chair recognizes Councilman Kenney.
Madam President, I agree with Councilman Goode. An at-large Councilmember can do anything they'd like. I mean, they're an equal member of this body and can introduce anything that they choose. We are not the executive branch of government and we do not make unilateral decisions. We are supposed to be a collegial body that deliberates together and comes up with nine to 12 votes to pass legislation, and I don't believe necessarily that this method of introduction of bills around or against the wishes of a person that has been working on the issue for three years is a way to be collegial and get nine votes. I mean, certain people have different styles and they'll have different results. And, again, I want to make it clear, I agree with Councilman Goode, an at-large member can come in here and introduce anything they want, but I do believe that it does at times the process, make it more complicated. And although it's Frank DiCicco's district that we're dealing with now, it could be any District Councilmember's district that we're dealing with in the future. I'm not saying we can't all work together, but I don't see why jumping in front of the parade and trying to change the dynamic of the discussion that's been going on for three years is in anybody's best interest. Certainly all of us want to maximize revenues in the City, but simply putting a bill out there that the person who has been working on it for three years says, Wait a minute, this could cause lots of problems that we need to investigate, without investigating them first, I think putting it forward is not in the best interest of coming to an amicable conclusion. Thank you.
I just want to say I have tremendous respect for Councilman Kenney and the advice he's giving me and for Councilman Frank DiCicco, and it is not my intent to make this a personal issue. It's simply a matter of public policy that I think needs to be advanced at this time in order to preserve the City's rights to move the abatement, should nine members choose to do so. Thank you.
Thank you. Does anyone else want to be recognized? (No response.)
Seeing no one, the Chair recognizes Councilman Clarke for a motion to adjourn.
Thank you, Madam President. I move that Council Thursday, February the 14th, 2008, 10:00 a.m. (Duly seconded.)
It has been moved and properly seconded that Council stand adjourned until Thursday, February 14th at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. Thank you. (Stated Meeting adjourned at 11:15 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 February 7, 2008, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)