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Minutes

Stated Meeting, November 3, 2011

Philadelphia City CouncilNov 3, 2011

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Council President Verna

Was your name on the Calendar? Excuse me, sir. Were you on the sign-up sheet? UNIDENTIFIED SPEAKER: No.

Council President Verna

Seeing no one, that concludes today's public comment period. We will now -

Councilman Clarke

Madam President?

Council President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Madam President, rather than wait until the aforementioned raccoon bill comes up, I just would like to briefly give a little clarity on this particular bill. First, we understand that people love animals. I love animals, in the appropriate place. But as was witnessed in the hearing last week and in the numerous TV stories about the inundation of raccoons in neighborhoods, it's clear that we have to do something about that to those people who have deal with them. And some people are in fact afraid of raccoons in spite of the fact that people think they shouldn't. The reality is, these are very large and, to some degree, rather frightening animals. So we wanted to come up with a solution. The first bill that passed, it was unclear, somewhat ambiguous as it relates to how a raccoon is abated. Understandably, some people voiced some concerns about having the City in a position to kill the raccoons. This particular bill is simply an amendment to the earlier version that states in the bill a non-lethal abatement of raccoons. Now, the Administration at this point has not expressed a willingness to attempt to enforce the bill, but given the numerous inquiries that we've gotten and calls and visiting people in neighborhoods, they want somebody to take responsibility for removing raccoons from the vacant lot or the abandoned building or from the backyard and, in the case of the lady who testified, from her bathroom, because that raccoon has burrowed through the wall and has her in a position where she had to leave her house. So this bill does not call for the killing of a raccoon. That's not what we're attempting to do. We simply want the City to promulgate regulations to determine how to abate raccoons. If it means securing a location and removing the raccoons or removing the nesting, the same way we do when we had a rat infestation, then so be it, but the bill clearly states that there was a non-lethal abatement. It is not calling for the killing of raccoons.

Ms. Welter

May I make a comment? What -

Council President Verna

I don't think -- I'm sorry, dear. This is not for debate. Thank you.

Ms. Welter

But what he's saying is not legal.

Council President Verna

Thank you. Councilman Clarke, are you finished?

Councilman Clarke

Yes, please. Yes, ma'am.

Council President Verna

We will now consider the bills and resolutions on the Second Reading and Final Passage Calendar.

Councilman Kenney

Madam President?

Council President Verna

Yes. I'm sorry. Councilman Kenney.

Councilman Kenney

Thank you, Madam President. I need to leave the Chambers for a while. I want to be recorded as voting aye on all bills and resolutions.

Council President Verna

Thank you. Leave will be granted. The Chair recognizes Councilman Kelly.

Councilman Kelly

Thank you, Madam President. I just wanted to make a comment on the raccoon bill. I think there's two problems with the bill. One, that the state does not authorize us to trap raccoons to begin with. And, number two, the City does not have the funding to trap raccoons. So I don't think this bill is going to do anything to diminish the raccoon problem in Philadelphia. Thank you. 11/3/11 - STATED - 2ND READING

Council President Verna

Thank you. We will now consider our Calendar. The Chair recognizes Councilwoman Blackwell regarding Resolution 110769.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. I'm sorry. Would the Chief Clerk please read the resolution.

Chief Clerk

Resolution No. 110769, a resolution also naming Haverford Avenue from Fifty-Second Street to Fifty-Eighth Street as "Geneva Black Way."

Council President Verna

Councilwoman made a motion to adopt the resolution. All in favor will indicate by saying aye. 11/3/11 - STATED - 2ND READING (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion carries. The Chief Clerk will please read the title of Resolution 110770.

Chief Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the Sixth and Sixtieth Wards of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption of the resolution. 11/3/11 - STATED - 2ND READING (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. We will now consider Resolution 110771.

Chief Clerk

A resolution honoring veterans of the United States Armed Forces, in Philadelphia and across the country, in accordance with the observation of Veterans Day on November 11, 2011.

Council President Verna

The Chair recognizes Councilwoman Tasco for the adoption.

Councilwoman Tasco

I move for 11/3/11 - STATED - 2ND READING the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. We will now consider Resolution 110772.

Chief Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia, without consideration, deeds conveying conditional fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon, situate in the 11/3/11 - STATED - 2ND READING Thirty-Sixth Ward of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

I move for the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. The Chief Clerk will please read the title of Resolution 110773.

Chief Clerk

A resolution approving the filing of Articles of Amendment with the Pennsylvania Department of State and Department of 11/3/11 - STATED - 2ND READING Community and Economic Affairs to change the name of the "Redevelopment Authority of the City of Philadelphia" to "Philadelphia Redevelopment Authority."

Council President Verna

The Chair recognizes Councilwoman Sanchez.

Councilwoman Sanchez

Thank you, Madam President. I move that Resolution 110773 be withdrawn from further consideration. (Duly seconded.)

Council President Verna

It has been moved and seconded that Resolution 110773 be withdrawn. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion carries. We will now consider Resolution 110774.

Chief Clerk

A resolution 11/3/11 - STATED - 2ND READING authorizing Council's Committee on the Disabled and Handicapped to hold public hearings for the purpose of examining and investigating the incidences involving Linda Ann Weston and three additional persons suspected of holding four mentally disabled adults and several juveniles captive with the intent to commit fraud by cashing the Social Security checks of those held in captivity.

Council President Verna

The Chair recognizes Councilwoman Brown.

Councilwoman Brown

One second, Madam President. Thank you, Madam President. I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those 11/3/11 - STATED - 2ND READING opposed? (No response.)

Council President Verna

The ayes have it and the resolution is adopted. The Chief Clerk will please read the title of Bill No. 110548-A.

Chief Clerk

An ordinance amending The Philadelphia Code, principally Title 19, entitled "Finance, Taxes and Collections," and such other provisions as may be appropriate, to reduce the tax burden on existing and new businesses; and eliminate, waive or reduce certain fees and permit charges, all for the purpose of generating growth in existing businesses, the birth of new businesses, and the creation of jobs.

Council President Verna

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. 11/3/11 - STATED - 2ND READING

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney is voting aye. Councilwoman Krajewski is absent. 11/3/11 - STATED - 2ND READING Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please 11/3/11 - STATED - 2ND READING read the title of Bill No. 110518.

Chief Clerk

An ordinance authorizing the Procurement Commissioner, on behalf of the City of Philadelphia, to enter into a lease and related agreements with the Philadelphia Municipal Authority, for use by the City of certain cogeneration facilities to be located at the Northeast Water Pollution Control Plant located at 3899 Richmond Street.

Council President Verna

The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, this bill is being amended today and -

Council President Verna

Yes. Who has the amendment?

Councilman O'Neill

Pardon?

Council President Verna

Who has the amendment? The Chair recognizes Councilman Green.

Councilman Green

Thank you, Madam President. Before I offer the 11/3/11 - STATED - 2ND READING amendment, I just want to say that we shouldn't be in the position of having to offer an amendment to this bill today. The City of Philadelphia should be in the public safety, health and welfare business - police, fire, sanitation - and we need to do things that support those efforts. The City should not be in the electrical generation business. The City should not be at risk for the production of electricity. That is, the City, if we pass this bill, is going to have to pay debt service for electricity production whether or not it receives that electricity or the plant is operating. The City should not have to increase its cost if private parties can't get tax credits. In my view, this contract is irresponsible, but the Administration and the Water Department brought us this contract telling us we would lose up to $8 to $10 million -- $8 to $12 million in tax credits if we do not pass this bill by the end of the year. 11/3/11 - STATED - 2ND READING It is unfortunate that once again Council has been put in the position of having to pass what I believe is an irresponsible contract because something was brought to us at the last minute, was evaluated improperly. In other words, every contract assumed that we would get a 30 percent tax credit, and the results are different if we get a tax credit of less than 30 percent based on the bids and the RFP. So we're in the unfortunate position, and I'm not sure how I feel about this bill in the end next week, but we're in the unfortunate position of having to try to control costs of this contract through an amendment, which I think may be a model for us to look at in the future with respect to all contracts that come through the City of Philadelphia. I offer a -- it doesn't sound this way, Madam President, but my script says I offer a friendly amendment to Bill 11/3/11 - STATED - 2ND READING No. 110518. I've discussed this amendment with Councilwoman Krajewski, who has indicated that she is in support of this amendment. A copy of the amendment has been circulated to all members of Council. I move for the adoption of the amendment. (Duly seconded.)

Council President Verna

Before we consider the amendment, Councilman O'Neill, do you have comments on this?

Councilman O'Neill

Yes, Madam President. Thank you. I will be abstaining on the amendment today. The law firm with which I am associated, Fox Rothschild, represents a party of interest in this matter, and I have not taken part in any discussions or deliberations on this bill or its content.

Council President Verna

Thank you.

Councilman O'Neill

Thank you. 11/3/11 - STATED - 2ND READING

Council President Verna

It has been moved and seconded that the amendment be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the record will reflect that the ayes are 15, the nays are zero, and Councilman O'Neill abstained. The Chief Clerk will please read the title of Bill No. 110611.

Chief Clerk

An ordinance authorizing the revision of lines and grades on a portion of City Plan Nos. 292 and 321 by striking from the City Plan Delaware Avenue from Pennypack Street to its terminus approximately five-thousand five-hundred feet southwestwardly therefrom.

Council President Verna

This bill having been read on two different 11/3/11 - STATED - 2ND READING days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye. 11/3/11 - STATED - 2ND READING

Chief Clerk

Councilman Kenney is voting aye. Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill 11/3/11 - STATED - 2ND READING passes. The Chief Clerk will please read the title of Bill No. 110648.

Chief Clerk

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.

Council President Verna

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.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye. 11/3/11 - STATED - 2ND READING

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney is voting aye. Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman 11/3/11 - STATED - 2ND READING Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 110649.

Chief Clerk

An ordinance establishing a no truck parking regulation on Bath Street, between Hedley Street and Orthodox Street, both sides.

Council President Verna

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. 11/3/11 - STATED - 2ND READING

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.

Chief Clerk

Councilman Green.

Councilman Green

Aye.

Chief Clerk

Councilman Greenlee.

Councilman Greenlee

Aye.

Chief Clerk

Councilman Jones.

Councilman Jones

Aye.

Chief Clerk

Councilman Kelly.

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney is voting aye. Councilwoman Miller.

Councilwoman Miller

Aye. 11/3/11 - STATED - 2ND READING

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The Chief Clerk will please read the title of Bill No. 110554.

Chief Clerk

An ordinance 11/3/11 - STATED - 2ND READING amending Chapter 19-2600 of The Philadelphia Code, entitled "Business Privilege Taxes," by providing certain exclusions, modifying certain definitions, and revising certain tax rates.

Council President Verna

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.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye.