COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, October 14, 2004 10:00 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. 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. 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 Anton Hackett, Sr., of Mount Olive Baptist Church. He is here today as the guest of Councilman Nutter. All guests and members will please rise.
First and always giving honor to God and to our Lord and our Savior Jesus Christ. I deem it an esteemed honor and a privilege to be here amongst you this morning. Let us look to the Lord in prayer. The Lord is my shepherd. The Lord is my shepherd. I shall not want. Father God, we thank you this morning for allowing these, your people, to come together one more time. We ask your blessings now upon these who have come out to name, Father God, but most importantly to do your will. As we go forth through this day, Father God, we ask that you would have blessings upon these, the elected officials, Father God, and those in the sound of my voice as they go about their various tasks, Father God. Bless them and anoint them, Father God. Allow them to be used mightily by you in these perilous days and times. Now, Father God, you woke us up this morning. You blessed us to be able to have use of these limbs, to be able to wake up, to be able to do the things that we do, Father God, and we say thank you right now. We thank you, Father God, for giving us life, health, and strength. We know we didn't deserve it, but, Father God, we just say thank you anyway. Thank you, Lord, for being so good and so kind. Now, Father God, you know the task that's be set forth before these men and women of the Council, the man appointed Mayor of this City, the CEO of the School District of Philadelphia, we ask your blessing upon all those, Father God, in the name of Jesus. Lord, we pray that you continue to keep a hedge of protection around them. Gird them up on all sides. Continue to keep them on the path righteousness for your name sake. Father God, we thank you for these. Now, Father God, we know that as we go forth through this day, we know that it was you who kept us and will continue to keep us, Father God. Father God, we thank you for these things. Now, Father God, as we know that this day and this place is not our home, and one day, Father God, we know that we will have leave this world. We'll know that when we face you we want to be able to hear you say to us, Father God, "Well done. Well done, thy good and faithful servant. You've been faithful for a few things. Come on up a little higher and sit down and rest a little while." Father God, we thank you for these things. We thank you for all that you've done And forever, Father God, we'll be in your debt. These are all the blessings we ask in the name of your son, our Lord and our Savior Jesus Christ. Let us all say amen, amen, and amen. Thank you, Father.
The Chair thanks Reverend Hackett for his very inspiring invocation. Council will be at ease. (Council at ease.)
The Chair would recognize that Mrs. Hackett is here. We welcome you and thank you for coming in. Thank you. The next order of business is the approval of the Journal of the meeting of Thursday, October 7, 2004. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, October 7, 2004, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal the meeting of Thursday October 7, 2004, stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it. The motion carries, and the Journal of the meeting of Thursday, October 7, 2004, is approved. The next order of business is request for leave of absence. Again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no requests for leaves of absence on the part of the Majority.
The Chair thanks the Councilwoman. The Chair recognizes Councilman
Madam President, on behalf of the Republicans, there are no requests for leaves of absence.
Thank you. 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 your 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 Michael H. Reed, Esquire. Will Mr. Reed and those accompanying him please join Councilwoman Tasco at the podium. I see that Councilwoman Tasco is being joined by Councilman Goode and Councilman Nutter. The Chair recognizes Councilwoman
Thank you very much, Madam President. We would ask Councilman Mariano to join us if he is around. Good morning. It gives us great pleasure this morning to present this resolution honoring Michael H. Reed. Whereas, the Council of the City of Philadelphia is pleased and proud to honor Michael H. Reed on the occasion of his induction as the first African-American President of the Pennsylvania Bar Association and its 109-year history; and
Whereas, Michael H. Reed graduated from Temple University in 1969, Yale Law School in 1972, and he was admitted to the practice of law in the Commonwealth of Pennsylvania in 1972. Mr. read was elected a partner at Pepper Hamilton in 1980 and has concentrated his law practice in the field of bankruptcy litigation. Mr. Reed lectures nationally and regionally on bankruptcy matters and has been an adjunct professor at Temple Law School and Rutgers School; and
Whereas, as a member of the Pennsylvania Bar Association, Mr. Reed served as Chair of the House of Delegates for three years. He served as the Governor for the Philadelphia region on the Board of Governors. He is a past member of the Pennsylvania Judicial Inquiry Review Board and a former Chairman of the Ethics Committee of the Pennsylvania Bar Association. He serves as member of the Executive Committee of the young lawyer section of the Philadelphia Bar Association and as first Vice President of the Association of Philadelphia. Mr. Reed also co-founded and serves as first Chair of the Pennsylvania Bar Association Minority Bar Committee, and in 1988 he helped organized the first Minority Attorney Conference; and
Whereas, in addition to his professional accomplishments, Michael H. Reed actively participates in numerous civic groups. He currently serves on the Boards of the Academy of Natural Sciences and Committee of 70 and is the member of the the Public Interest Law Center; and Whereas, Temple University's College of Arts and Sciences honored Mr. Reed as Alumnus of the Year in 1995. He received the award of excellence in 2003 from the Thurgood Marshall Scholarship Fund. Now therefore resolved by the Council of the City of Philadelphia that we hereby congratulate Michael H. Reed on his induction as the first African-American to lead the Pennsylvania Bar Association. Further resolved that an engrossed copy of this resolution be presented to Mr. Reed as evidence of the sincere sentiments of this legislative body. This is certification that this resolution introduced into City Council, sponsored by the members standing here and cosponsored by all Members of City Council. We congratulate Michael Reed on a job well done. (Applause.)
Madam President, Councilpersons Tasco, Nutter and Goode, distinguished colleagues, guests, my first order of business is to give all credit to my lovely wife who is here with me today. (Applause.)
I had the privilege of getting a great public education at McDaniel Elementary School, Masterman Middle School, and Bartram Senior High School and then to get a great undergraduate education at the great Temple University. I'm honored to be here. It's a honor to be the head of the Bar Association of the entire Commonwealth of Pennsylvania, but to know that my true home and my true roots are here in Philadelphia. Once again, thank you very much. I wish Council God speed in its important work today. (Applause.)
The Chair now recognizes Councilman Kenney who will present a resolution honoring St. Francis de Sales Elementary School. Will Sister Constance and those accompanying her please join the Councilman at the podium. Councilman Kenney is being joined by Councilwoman Blackwell and Councilman Ramos.
Thank you, Madam President. This is a resolution honoring St. Francis de Sales Elementary School in West Philadelphia for providing immigrant children with an education that not only prepares them for life but also provides them with the keys to succeed in their new-found home as citizens of the United States. Whereas, the St. Francis de Sales Elementary School and Parrish which was in 1890 has faithfully served this community of both Catholics and non-Catholics for well over a century.
And, whereas, for more than 20 years St. Francis de Sales has open its doors to children from numerous countries, including troubled Asian countries such as Vietnam, and more recently the war-torn African nations of Ethiopia and Liberia; and Whereas, St. Francis de Sales Elementary School excels academically and is an award-winning school which has won numerous prizes in local essay, art, speech, history, and math contests, and also has a nationally recognized anti-violence program that educates children in conflict resolution; and Whereas, Sister Constance Marie Touey, principal of St. Francis de Sales and the six other nuns who also work and teach at the school, are members of the Servants of the Immaculate Heart of Mary who have made it a part of their mission to help immigrants both the classroom; and
Whereas St. Francis de Sales Elementary School is currently at its maximum enrollment of 528 students who represent almost 40 different countries and speak 20 different languages; and Whereas at a time when school funding is at a premium throughout the City, the St. Francis de Sales Elementary School has managed to educate the less fortunate through relentless fund-raising and through the establishment of scholarships; and Whereas, St. Francis de Sales has continued the American tradition of welcoming the less fortunate into this country and providing them with a better life through education; now therefore
Resolved by the Council of the City of Philadelphia that we as a body honor the St. Francis de Sales Elementary School for educating immigrant children without prejudice and for making sure that they are ready to become contributing I'd like to say, personally, it its my firm belief that this country's main mission or one of its main missions is to be a safe harbor for people around the world who have come from war-torn countries and come from countries where people are being oppressed. This country exists for that purpose. And these beautiful children behind me are a great example of what this country's real mission is and what its real hope for the future is, because they will be American citizens contributing to this country for the rest of their lives. Thank you, Sister. (Applause.)
The Chair recognizes Sister Constance for remarks. SISTER CONSTANCE: I would like to thank the Council for this award. We are very proud of our students, and we're happy to know that others can see the good things that happen. We would like to bring all 40 500 children, but I have 4 to represent our school, and I would just like to introduce them to you. Hose Gbaba is from Liberia. Daniel Amalak from Ethiopia. Feven Ogbaselase is from Eritrea. And Samuel Amare is from Eritrea. So we have three of our African countries being represented today. (Applause.) SISTER CONSTANCE: Again, in the name of all of the teachers and students at the school, we thank you. God bless you. (Applause.)
The next order of business is Communications. The Chair request 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. THE
To the President Council of the City of Philadelphia, I am pleased to advise you that on October 13, 2004, I signed the following bill that was passed at Council at its Session on September 30, 2004: Bill NO. 040611. And I am transmitting for the consideration of your honorable body the following: An ordinance amending Section 2 of an ordinance, Bill No. 020252, approved May 29, 2002, entitled, an ordinance authorizing the revision of lines and grades on the portion of City Plan No. 13S by striking from the City Plan and vacating Lawrence Street from Wharton Street to Titan Street by extending the period for compliance with the authorization conditions therein.
Thank you. The messages will be printed and the Journal. The Chief Clerk will read any other communications in her possession. THE
Thank you. The next order of business is the introduction of bills and introduction resolutions. The Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit the immediate consideration of resolutions at the time of introduction. (Duly seconded.)
It has been moved and seconded that all resolutions be considered at the time of introduction. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning I introduce two resolutions.
The Chief Clerk will please read the title of the first resolution. THE
A resolution authorizing the Committee on Finance to conduct hearings and the possibility of non-profit community groups and block captains the ability to use stages, show mobiles and sound systems for community events at a nominal fee.
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 signify by saying aye. (Aye.)
The ayes have it, and the resolution will be referred to the Committee on Finance. THE
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 3rd Ward of the City of Philadelphia.
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 Councilman Cohen.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
The Chief Clerk will please read the title of the resolution. THE
A resolution authorizing the Committee on Parks Recreation, and Cultural Affairs to hold hearings to investigate the status of the Recreation Department's proposal to close, transfer, and winterize recreation facilities across the City of Philadelphia.
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. The resolution is adopted and will be referred to the Committee on Parks, Recreation and Cultural Affairs. The Chair recognizes Councilman Mariano.
Councilman, may I offer a suggestion? That was distributed rather late yesterday. I suggest you ask for a suspension of the Rules
Thank you. I'd like to have a suspension of the Rules because I didn't get a chance to take this around yesterday.
A resolution authorizing the Committee on Parks, Recreation and Cultural Affairs to hold hearings to investigate the reasons for millions of dollars in outstanding payments to subcontractors who took part in the construction of Lincoln Financial Field, and further authorizing the Committee to issue subpoenas to compel the attendance of witnesses.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it. The resolution is adopted and will be referred to the Committee on Parks, Recreation and Cultural Affairs. The Chair recognizes Councilwoman Tasco,
Madam President I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today, I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Brown.
The Clerk will please read the title of the bill. THE
An ordinance amending Title 9 of the Philadelphia Code entitled regulation of businesses, trades, and professions by adding a new chapter requiring dentists to post and distribute certain information concerning the use of mercury in dental procedures and requiring dentists to install systems that permit the recycling of mercury waste, all under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.
Thank you. The Chair recognizes Councilman DiCicco.
The Chief Clerk will please read the title of the first bill. THE
An ordinance amending Section 2 of an ordinance, Bill No. 020252, approved May 29, 2002, entitled, an ordinance authorizing revision of lines and grades on a portion of City Plan No. 13S by striking from the City Plan and vacating Lawrence Street from Wharton Street.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Chapter 10-700 of the Philadelphia Code entitled, "Refuse and Litter" by amending the provisions of Section 10-723.2 to prohibit the door-to-door distribution of handbills unless they are handed directly to an occupant.
This bill will be referred to the appropriate committee. THE
And an ordinance amending Section 9-618 of the Philadelphia Code entitled "Sale of Spray Paint Containers, Indelible Markers and Etching Acid" by prohibiting the sale of etching acid, providing for penalties and making certain technical changes, all under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.
The Chair thanks the gentleman. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have one bill and one resolution, and I'd like to speak on the resolution. First, ask for a suspension of the Rules because it was circulated somewhat late.
All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the resolution will be considered day. The Clerk will please read the title of the resolution. THE
An ordinance amending Title 14 of the Philadelphia Code relating to zoning and planning by amending Chapter 14-1600 entitled "Miscellaneous" by adding a new section 14-1627 entitled "Yorktown Special District Controls."
The bill will be referred to the appropriate committee. THE
And a resolution authorizing City Council to retain counsel to challenge the validity of the provision of the Pennsylvania Race Horse Development and Gambling Act that would exempt tax licensed gambling facilities from the City's zoning laws.
Thank you, Madam President. Madam President, briefly I'd like to explain what we're attempt to do. Today, this resolution simply seeks authorization in the event that we need legal representation. I personally have been extremely concerned about this whole process, particularly as it relates to our ability, as far I'm concerned, our God-given right to have jurisdiction over various zoning matters throughout the municipality. I'm not sure where this is ultimately going to go. There have been a number of amendments requested for this particular gambling legislation. Most recently, there was attempt to have all other municipalities across the Commonwealth be subject to their local zoning laws but exempt Philadelphia where we essentially would have say so as to the placement of casinos. I'm being told that may change. But where it may lie, I believe that the City of Philadelphia should have the right and the jurisdiction to zone any placement of any casino or gaming facility in the City of Philadelphia. Earlier, I think a year and a half ago, Councilman Kenney introduced a bill that required that Council would have to authorize location, i.e., zoning for any casinos in the City of Philadelphia, and we unanimously supported that. So we hope, frankly speaking, that we don't have to enter into this action, but if in fact we do, I would like to have authorization for this Council to proceed in any litigation that we may need.
Thank you. Are you going to move for the adoption?
I'd like to 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 signify by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Kelly.
The Chair thanks the gentleman. The Chair recognizes Councilman Rizzo.
The Chief Clerk will please read the title of the resolution. THE
A resolution recognizing, honoring, celebrating, and thanking Peter Nero and the Philly Pops for their invaluable contribution to entertaining and inspiring the City of Philadelphia on the occasion of their 25th anniversary.
Madam President, I move for the adoption of the this 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 next order business are reports from committees. The Chair recognizes Councilman Mariano for a report from the Committee on Licenses and Inspections.
The Committee on Licenses and Inspections reports two bills out with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the Committee on Licenses and Inspections to which was referred Bill No. 040698, entitled an ordinance amending Section 9-605 of the Philadelphia Code entitled "Towing" by providing that no license to engage in the business of towing vehicles shall be issued to a towing company whose business is located in any political subdivision or state that will not as a matter into contracts for towing services with any Philadelphia-based towing company; And Bill No. 040764 entitled an ordinance amending Title 9 of the Philadelphia entitled, "Regulation of Businesses, Trades and Professions" by adding a section to prohibit the sale of certain motor vehicles, all under certain terms and conditions; Respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. Again, the Chair recognizes Councilman Mariano.
Madam President, I move that the Rules of Council be suspended so as to permit first reading this day of Bill No. 040698 and Bill 040764. (Duly seconded.)
It has moved and properly seconded that the Rules of Council be suspended so as to permit first of Bill Nos. 040698 and 040764. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the bills just read will be placed on today's First Reading Calendar. Council will now proceed under a special order of business to the reconsideration of Bill No. 040666. This bill was passed by the Council at its September 23, 2004 Session and was returned disapproved by the Mayor on October 7, 2004 Session of Council. At this time, the Chair recognizes Councilman O'Neill.
Thank you, Madam President. I'd like to move that Bill No. 040666 be approved notwithstanding the Mayor's veto, and I'd like to speak on the
Yes, thank you. Just a couple quick points. One, this is a zoning District R-1A which Council passed three or four years ago that was due to community groups frustration with the Planning Commission promising revisions in the Zoning Code and not ever giving us even a draft. Because houses are being torn down, blocks are being really destroyed by greedy builders who want to put two houses that are three stories where there was one little cottage type house. It's happening in Somerton, Bustleton, and Fox Chase primarily. I had asked the Planning Commission at that time to help me with a new zoning designation I could use in my district that would be not be so small that would allow these two three buildings where there had been and so large that it just prohibits building. We only R-1 and R-2 in addition to R-1A. And it appeared that the Planning Commission put a bill forward a few years ago that really wasn't meeting the demands. So I tweaked the R-1A to try to meet the interest of the people in my district. And there were two part parts to it in this revision. One was Bill No. 040521 that reduced the side yards from 15 on each side to 10, so a nicer house could be built maybe with a two-car garage, something a little more modern than would have been built 30 or 40 years age. That is mentioned as a reason for the veto. It's the No. 1 reason for the veto on the current bill. First thing mentioned in the Mayor's veto message is side yard required would be reduced from 15 feet to 10 feet. That is actually totally inaccurate. This bill does not include that provision. In fact, the companion bill I mentioned was signed by the Mayor that reduced the 15 feet to 10 feet, the side yard requirement, just July 1, 2004. this is a problem with the Administration. I think Planning Commission doesn't like to be second guessed by communities or District Council People. The Byberry site has been in development or redevelopment for almost 20 years. It is at a critical juncture. I've talked to the developers that were chosen to meet with the community. Nothing has been set in stone. There's a long process with the community. They have no problem with this bill. That's going to be a negotiated process. It will probably take a year or more to work its way through the community if they are successful with the Somerton Civic Association. The Somerton Civic Association supports this, not because it has anything to do with Byberry, because the reason for the bill itself is problems in the Somerton Community. It only affects the 10th District. If there's a problem with another district that later occurs and people aren't happy with this, we can do an overlay. I can make for now, with a major error in the factual language of the bill where we've already had a bill signed by the Mayor that covers their main objection, I would ask that Council would support me. I believe it's a district issue and it's a community issue. And developers could be the only ones telling the Planning Commission they're upset with it. I can't understand anybody else being against it. Thank you.
Thank you. Councilman O'Neill did make a motion to reconsider Bill No. 040666. It was seconded. All in favor of that motion will indicate by saying aye. (Aye.)
The ayes have it. The motion carries. Council will now reconsider the vote by which Bill No. 040666 was passed. The Chief Clerk read the title of the bill. THE
An ordinance amending Title 14 of the Philadelphia Code relating to zoning and planning by amending provisions of Section 14-205 concerning R-1A residential districts, all under certain terms and conditions.
This bill having been read on two different days, was duly approved by City Council on September 23, 2004, and was returned to Council by the Mayor as disapproved on October 7th, the question is, shall Bill No. 040666 pass notwithstanding the Mayor's disapproval? Please note that a vote of aye, a vote of aye, is to override the Mayor's veto; and a vote of no, a vote of no is a vote to sustain the Mayor's veto. At this time I would ask the Chief Clerk to please call the roll. THE
Aye. The ayes are 15, the nays are 2. Two-thirds majority of all Members of Council having voted in the affirmative, the Mayor's veto is overridden. The next order of business is consideration of the Calendar. The Chief Clerk will please read the 10/14/04 - STATED - 1ST READING bills object the First Reading Calendar. THE
Bill No. 040698, an ordinance amending Section 9-605 of the Philadelphia Code entitled "Towing" by providing that no license to engage in the business of towing vehicles shall be issued to a towing company whose business is located in any political subdivision or state that will not enter into contracts for towing services with any Philadelphia-based towing company, all under certain terms and conditions.
And Bill No. 040764, an ordinance amending Title 9 of the Philadelphia Code entitled, "Regulation of Businesses, Trades and Professions" by adding a section to prohibit the sale of certain motor vehicles, all under certain terms and conditions.
The Chair agrees. The bills just read will be placed on the Second Reading and Final Passage 10/14/04 - STATED - 2ND READING Calendar for our next Session. The Chair now recognizes Councilwoman Blackwell for the purpose of calling bills up on the Second Reading and Final Passage Calendar.
Thank you, Madam President. Today Bill No. 040640-A, 040703, 040643, 040763, 040766, 040781, 040783, and 040784 are being called for second reading and final passage. All over bills are being held.
Thank you. The Chief Clerk will please read the title of Bill No. 040640-A. THE
An ordinance amending 19-2600 of the Philadelphia entitled "Business Privilege Taxes" by establishing a program under which a job creation tax credit will be given to certain businesses creating new jobs in the City of Philadelphia, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally. 10/14/04 - STATED - 2ND READING The Clerk will please call the roll. THE
Councilman Clarke, how are you voting on this bill?
It's not to clear the potential cost of this bill. I know this question came up during the course of the amendments. I'm not clear what the financial impact -
I believe Councilman Goode would like to respond.
I'm pleased to respond to that question. This bill offers a one-time tax credit of 2 percent which would go back to the employer and one percent which will be a grant to the School District for career vocational programs. That's a total of 3 percent of the 10/14/04 - STATED - 2ND READING wage earnings. I believe our wage tax is still above 3 percent and will for the duration of this program. So essentially, this bill is more than revenue neutral. This bill pays for itself from the wage tax revenue for the credit. And beyond that one-time credit, there is no cost to the bill.
Councilman, with respect to the one-time credit, is that just on one particular fiscal year?
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 040703. THE
An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located at 2815 Ridge Avenue.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll. THE
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, this bill passes. The next bill to be called for consideration is Bill No. 040643. THE
An ordinance authorizing the paving of Capri Drive, DaVinci Drive, Verona Drive, all under certain terms and conditions.
This bill 10/14/04 - STATED - 2ND READING having been read on two different days, the question now is shall the bill pass finally? The Clerk will please call the roll. THE
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the 10/14/04 - STATED - 2ND READING affirmative, the bill passes. The next bill to be called for consideration is Bill No. 040763. THE
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 187 by striking from the City Plan and vacating a portion of Salmon Street from Castor Avenue and Butler street.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll. THE
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill being called for consideration is Bill No. 040766. THE
An ordinance amending Section 9-205 of the Philadelphia relating to sidewalk sales and vending in residential areas by adding a new provision prohibiting sidewalk sales and vending in the area bordered by and Chew Avenue and Mount Airy Avenue.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll. 10/14/04 - STATED - 2ND READING THE
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called is Bill No. 040781. 10/14/04 - STATED - 2ND READING THE
An ordinance authorizing the directing the revision of lines and grades on a portion of City Plan No. 146 by striking from the City Plan and vacating Morse Street from Beach Street to Allen Street.
This bill having been read on two different days, the question now is shall the bill pass finally. Yes, sir?
I'll like to ask the sponsor of the bill a question or two and request if he's prepared to answer the questions. I wasn't able to get a satisfactory answer at the hearing.
Thank you, Madam President. I'm about as prepared today as I was at the hearing. I don't suspect that my answers will be any different than then, but I'm certainly willing to engage in a conversation.
All right. Do 10/14/04 - STATED - 2ND READING you know who's going to be paying for the striking of the street? Does the City pay or does the person -- I understand it was a private person that seeks to closing the street, a business on the street.
The striking of the street is a technical procedure. Insofar as once that occurs, this legislation is passed hopefully, that street will no longer be the responsibility of the City of Philadelphia. I believe there may be an application fee that the property owner or owners in this case may have had to post. I'm not sure what the exact amount is. But there really is no cost to the City of Philadelphia.
Are there other owners of property street who might be affected?
Currently, this street runs pretty much down the middle of two properties owned by two separate entities, both of whom will have the ability to either develop or use for their business purposes. This is not a street that is thoroughfare for 10/14/04 - STATED - 2ND READING vehicles. It is a dead-end street. The general public has no use for it because it ends nowhere but in the middle, almost in the middle of the two adjacent properties that surround this street.
Do you know has there been an appraisal of value for the street?
Do you know whether the proponents of the legislation are going to pay anything for the additional property they will now own?
That, I'm not sure of. The one thing I do know is that currently any maintenance of that street, be it paving, sewer systems, infrastructure, underground infrastructure, are at the expense of the taxpayers of the City of Philadelphia. Once this striking occurs, the taxpayers will no lodger have the responsibility to maintain that street. The responsibility will be solely on the owner or owners of -- what is 10/14/04 - STATED - 2ND READING typically a street will now become a part of their property line.
Do you we know whether the amount of the cost maintenance, what that cost has been to the City?
I don't know what it has been in the past. I don't think anyone can predict what it would be in the future. Depending on the needs. But, again, this is not a street where a typical operator of a vehicle would use. It goes nowhere.
Well, except property has value, and I don't see why the City of Philadelphia should turn over property of value to somebody. Its obviously going to be worth something to the people who are proposing this who believe it's worth something or they wouldn't be engaged in asking the City to give up its rights to the street.
I agree with that, and maybe in the future we might want to look at certain kinds of compensation. But the one thing is, once the striking occurs, it 10/14/04 - STATED - 2ND READING now will become part of the footprint which will be recorded on deed and the taxes will reflect an additional portion of land that will subject to real estate taxes.
Yes, that's true. But the value of the property is being given away by the City. If the City had an appraisal made, there might be a value attributed to the land. And I think it behooves the City before it gives away land to which it is the owner, it behooves the City to go through certain procedures such as to find out what, if anything, the land is worth and then to levy a price on it. I agree you have to pay a tax once he acquires the property, but I think also there may well be a cost associated with acquisition of the property. Otherwise, I think we're open to suspicion that maybe somebody's getting something from the City unfairly compared to other citizens.
I look at these, Councilman, in my district on a case-by-case basis. There are properties that I would certainly agree that we should not 10/14/04 - STATED - 2ND READING just give away, and then there are properties I have no problem of letting someone take the responsibility. I think this is a perfect case where we are relieving the City of a continual maintenance problem, giving it to someone who has a property to expand their business and put this on the tax rolls.
I understand your theory, and I hope you understand my vote will be no because I think whenever the City gives away land, whether it's useless or whether it's worth something, there ought to be evidence that supports the action of the City to insulate the City from later claims of it being an unfair give-away. It seems to me that in this situation there is no record which justifies the City giving the land away. It may well be a worthy purpose, but that does not excuse the absence of any records to support the give-away. Do you any information as to the cost of the City of maintenance, because maybe there has been no maintenance, in which case it would be no reason for the City to want to 10/14/04 - STATED - 2ND READING dispose of the land because it's very difficult often times to predict forever what's going to be the use or value of a piece of property and that's the reason we have appraisal system. I think it's time for us to operate the City in every way in a very business-like manner. When I say business-like, I don't mean the business of Enron-like because that's no advertisement for operating like a business. But certainly, the City ought to have a record as to why it's doing something other than just the request of people and the support local Councilmembers or even City-wide Council. I think we ought to have a record on it. And if agreeable to you, if you would delay action on this to give the City an opportunity to get this information, it may well be it's something worth supporting because it would have documentary evidence to support it. If not, then there would be a reason to vote against it. So if you insist going through with it today, regretfully, I'll have to vote no 10/14/04 - STATED - 2ND READING because I think it's a bad practice.
I appreciate your comments, Councilman. I think it may be something in the future that we might want to further discuss. Again, I look at these things case-by-case basis. As you know, in my district, there's lots of development that goes on almost on a daily basis. And in this case, I just don't see the value in keeping it.
All I can say is that in this case, I'll be asking for a vote of support and be willing to discuss in the future whether streets or other types of corridors, alleyways should be sold as opposed to just given to a particular property owner. I'm glad see that, sitting behind you over the years, the word business came out rather comfortably this time so maybe I'm getting my point across.
Well, I don't know whether you are or not. You're not if 10/14/04 - STATED - 2ND READING you're preventing the acquisition of data that will show worthwhileness or the lack of it.
I think for the record -- I may have mentioned this at the hearing. I want to mention it again. I do not know who the owners of this property or these properties are. I have no direct contact with them. This was a bill that came over to me from the Streets Department at the request of the owners of the property. So I saw no reason not to introduce this legislation and ask for support.
Well, that raises another issue. I think we ought to know that the person -
I think that we ought to know whether the person is in good tax standing with the City because there's been a number of occasions when the City's made something available in the form of contracts only to learn that the person was 10/14/04 - STATED - 2ND READING then tax delinquent. That's the reason I ask. I'm requesting that this matter be held. And if not, I will vote no because I think the procedure is weak.
I would ask for the previous question and that we vote on this bill.
Thank you. The Clerk will please call the roll. THE
Aye. The ayes are 16, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration Bill No. 040783. THE
An ordinance amending Section 9-208 of the Philadelphia Code entitled "Sidewalk Cafes" by permitting sidewalk cafes to be maintained on Ninth Street, both sides, between Christian Street and Federal Street.
This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll. THE
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The final bill to be called for consideration is Bill No. 040784. THE
An ordinance authorizing the Pennsylvania Horticultural Society to construct in the Fox Chase-Rockledge Business Association to maintain a Welcome to Fox Chase sign, under 10/14/04 - STATED - 2ND READING certain terms and conditions.
Thank you. This bill having been read on two different days, the question now is shall the bill pass finally. The Clerk will please call the roll. THE
Aye. The ayes are 17, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. That concludes our Calendar for today. Are there speeches on the part of the Minority? (No response.)
Are there speeches on the part of the Majority? The Chair recognizes Councilman Goode.
Thank you, Madam President. I just wanted to take the time to introduce my newest staff member Joshua Seventh who many people know from the Young Involved Philadelphia who recently from Urban Partners as well.
Welcome. (Applause.) Any other speeches on the part of the Majority? (No response.)
Seeing none, the Chair recognizes Councilman Tasco for a motion.
Madam President, I move that Council stands adjourned until Thursday, October 21st at 10:00 a.m.
It has been moved and properly seconded that Council stand adjourned until Thursday, October 21 at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it the motion carries. Thank you. (Council adjourned at 11:05 a.m.) C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, October 14, 2004, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING _________________________ Lisa C. Bradley, RPR