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Minutes

Stated Meeting, May 13, 2010

Philadelphia City CouncilMay 13, 2010

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

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilman Goode. 5/13/10 - STATED - 2ND READING

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.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye.

Chief Clerk

Councilwoman Reynolds Brown. 5/13/10 - STATED - 2ND READING

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 17; 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 100248.

Chief Clerk

An ordinance establishing a no parking anytime regulation on McMenamy Street, between Cottage Street and Jackson Street, both sides.

Council President Verna

This 5/13/10 - STATED - 2ND READING 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.

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. 5/13/10 - STATED - 2ND READING

Councilman Kelly

Aye.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

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. 5/13/10 - STATED - 2ND READING

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. I would ask the Chief Clerk to please read the title of Bill No. 100163. Did I miss one? Sorry. 100250.

Chief Clerk

An ordinance authorizing the HACE Community Development Corporation, 167 West Allegheny Avenue, to construct, own and maintain eight trash receptacles and twelve artificial metal palm trees on the east and west footway of 5th Street, from Lehigh Avenue to Indiana Avenue.

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 5/13/10 - STATED - 2ND READING 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.

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. 5/13/10 - STATED - 2ND READING

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

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 17; the nays are 5/13/10 - STATED - 2ND READING 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. 100163.

Chief Clerk

An ordinance authorizing the City of Philadelphia to organize on authority to be known as The Philadelphia Energy Authority, pursuant to the terms of the "Municipalities Authorities Act," of 2001.

Council President Verna

This bill having been read on two different days, the question now is shall the bill pass finally. Councilman Clarke, do you have an amendment on this bill?

Councilman Clarke

Yes, Madam President. Madam President, this amendment has been circulated to members. It essentially just deletes PECO Energy from the bill that had been introduced. I would like to make a motion for the adoption of this amendment to 5/13/10 - STATED - 2ND READING Bill No. 100163. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the amendment is adopted. At this time, Council will stand in recess. We will resume after we adjourn from the Committee of the Whole to our scheduled public hearing on the tax bills, which will be scheduled for about an hour from now. It is my understanding that -- I was just told that Councilmembers are making that request. I know that we thought that we'd go straight through, but I am now 5/13/10 - STATED hearing that Councilmembers would like at least an hour.

Councilman Green

Madam President?

Council President Verna

Councilman Green.

Councilman Green

Thank you. Madam President, I don't want to sit through hours of meetings on what we're going to do with the budget without sharing with Council what I was going to say in the Committee of the Whole. Through really no fault of anyone and in a rush to replace a revenue measure that Councilman DiCicco withdrew, there was a measure put forward that has no sponsor. In other words, Council rules were not followed with respect to introduction of the nine percent property tax increase. As Councilman Goode said on his -- as he introduced the bill, he is not the sponsor. He did not sign the blue-backer -

Councilman Goode

Point of 5/13/10 - STATED order.

Councilman Green

-- and no one's name was on the blue-backer.

Council President Verna

The Chair recognizes Councilman Goode.

Councilman Goode

Madam President, I said I was introducing it on behalf of Council leadership.

Council President Verna

I recall your saying that.

Councilman Goode

Thank you, Madam President.

Council President Verna

And every week we get bills that are sent up to us by the Administration.

Councilman Green

Yes, Madam President, and Council rules permit the introduction for specific other individuals as long as those individuals' names are on the blue-backer. This bill had no names on the blue-backer. Some might call it the immaculate ordinance and sort of floating out here without a sponsor that was required by our rules. 5/13/10 - STATED And so I will be raising a point of order in the Committee of the Whole, because there is no bill that has been properly advertised for a property tax increase before Council today.

Council President Verna

I'm sorry. Did you say that bill was not advertised?

Councilman Green

Council rules permit advertising of a bill after the person who sponsors the bill requests for a hearing in writing, and it's my understanding there was no such request in writing, and unfortunately, we cannot waive or suspend rules after the action or omission has been taken. It must be done in advance. I have caselaw on this. If we were to pass this bill in its current form today, we could not rely on the $89 million in revenue, and that would put us in a very precarious situation for next year's budget. So I just -- I didn't want to go through hours of meetings without 5/13/10 - STATED having shared my intentions for the Committee of the Whole with everyone.

Council President Verna

The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I'm not clear on procedural issues and since my name was mentioned by my colleague Councilman Green as having withdrawn the 12.1 percent real estate bill, I would be more than willing to be the signator to the tax bill amending -(Applause.) COUNCILMAN DiCICCO: -amending the 9.9 back to the 12.10 so that we can get on with the other affairs of business, and in doing so, I think we could put to rest the soda tax and the other bills that we've been talking about. (Applause.)

Councilman Green

Madam President?

Council President Verna

Yes. 5/13/10 - STATED

Councilman Green

May I be recognized?

Council President Verna

Yes.

Councilman Green

I think the only course for Council at this point, according to my reading of the law and precedent, is to introduce a new bill properly in the Council session and then advertise it and then have hearings on that bill, having properly followed our procedures once the advertising period is over. COUNCILMAN DiCICCO: Somebody draft a new bill. I'll do it right now.

Councilman Goode

Point of order.

Council President Verna

The Chair recognizes Councilman Goode.

Councilman Goode

If Councilman Green can have a seat and a conversation, I would appreciate it.

Council President Verna

I beg your pardon?

Councilman Goode

If 5/13/10 - STATED Councilman Green can have a seat and a conversation, I would appreciate it.

Council President Verna

Fine.

Councilman Goode

Rather than go by whatever Councilman Green decided, having conferred in terms of his own legal counsel, in terms of whatever his research, let's go by what's actually in the record. There will be a transcript of the Stated Meeting two weeks ago. It says what it says. It says I introduced the bill on behalf of Council leadership. That matter was actually dealt with within that Stated Meeting. The republican leadership said it was not on their behalf. The democratic leadership spoke and said what happened. Everyone knows what happened leading up to the introduction of that bill and leading up to the advertisement of the bill, having a hearing today. There's no mystery there. It's a matter of public record. It's a matter of a transcript. So if Councilman Green can say 5/13/10 - STATED what he thinks is confusing about the transcript, that would be appropriate.

Council President Verna

Thank you. Councilman Green.

Councilman Green

Thank you, Madam Chair. I will keep my seat, Councilman. It is not the transcript that is at issue, Madam President. To introduce a bill in City Council, there must be either a signature on the blue-backer or the name of the person for whom it was introduced on the blue-backer. I looked at that bill before it was introduced. That did not exist, and we cannot suspend rules after the fact. We must do it before we act.

Council President Verna

Before I recognize Councilman Goode, I had said that we were going to stand in recess until such time as the Committee of the Whole will meet regarding all of that we will be considering. Therefore, at this time, at the request of many of the Councilmembers, we will recess until 1 o'clock. Thank you. (Stated Meeting recessed from 11:45 a.m. until 5:50 p.m.)

Council President Verna

We will now reconvene our Council session from this morning. The Chair recognizes Councilwoman Tasco for an additional report from the Committee of the Whole.

Councilwoman Tasco

Madam President, the Committee of the Whole reports out six bills with a favorable recommendation.

Council President Verna

Councilwoman, it's eight bills and a resolution. We are not considering the resolution.

Councilwoman Tasco

Okay. Eight bills with a favorable

Council President Verna

Thank you. The Chief Clerk will please read the report.

Chief Clerk

The Committee of the Whole, to which was referred Bill 100115, entitled "An ordinance to adopt a Capital Program for the six Fiscal Years 2011 through 2016 inclusive"; and Bill No. 100116, entitled "An ordinance to adopt a Fiscal 2011 Capital Budget"; and Bill No. 100117, entitled "An ordinance adopting the Operating Budget for Fiscal Year 2011"; and Bill No. 100119, entitled "An ordinance amending Chapter 19-1800 of The Philadelphia Code, entitled 'School Tax Authorization,' by amending Section 19-1806, entitled 'Authorization of Realty Use and Occupancy Tax' -

Council President Verna

We are still in session.

Chief Clerk

-- to further authorize the Board of Education of the School District of Philadelphia to impose a tax on the use or occupancy of real estate"; and Bill No. 100120, entitled "An ordinance amending Section 19-1801 of The Philadelphia Code, entitled 'Authorization of Tax,' to further authorize the Board of Education of the School District of Philadelphia to impose a tax on real estate within the City of Philadelphia"; and Bill No. 100131, entitled "An ordinance amending Chapter 10-700 of The Philadelphia Code, entitled 'Refuse and Littering,' by providing for a sanitation services fee"; and Bill No. 100254, entitled "An ordinance amending Title 19 of The Philadelphia Code, entitled 'Finance, Taxes and Collections,' by adding a new Chapter, entitled 'Tobacco and Tobacco-Related Products Tax'"; and 100284, entitled "An ordinance amending Section 19-1301 of The Philadelphia Code, entitled 'Real Estate Taxes,' by revising the real estate tax rate, all under certain terms and conditions," respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.

Council President Verna

Thank you. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Madam President, I move that the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee. (Duly seconded.)

Council President Verna

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. say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion has been passed. The bills just reported from committee with a suspension of the rules have been deemed to have had a first reading. These bills will be placed on our Second Reading and Final Passage Calendar for our next session of Council. The Chair recognizes Councilman Clarke. I'm sure there are no speeches on the part of the majority. (No response.)

Council President Verna

Okay. How about on the part of the minority? (No response.)

Council President Verna

Since there are no speeches, the Chair recognizes Councilman Clarke for a motion

Councilman Clarke

Thank you, Madam President. I move that Council stand adjourned until May the 20th, 10:00 a.m., 2010. (Duly seconded.)

Council President Verna

It has been moved and seconded that Council stand adjourned until Thursday, May 20th, 2010 at 10:00 a.m. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and Council stands adjourned until May 20th. Thank you very much. (Stated Meeting adjourned at 5:55 p.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 May 13, 2010, 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.)