COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, March 18, 2010 10:05 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN 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 MICHAEL A. DECKER,
Good morning. I note that the hour has come and that a quorum of this Council is present. Council will 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 recognizes Reverend Tracy Duncan of the Simpson Fletcher Unity Methodist Church. She is here today as the guest of Councilman Jones. I would ask all members and guests to please rise. (Members and guests rise.)
Wonderful creator and Lord, we greet you this day with joy and thanksgiving. We seek your blessing as City Council conducts the business of the day. We thank you for your guiding presence, which will infuse as matters are brought before the Council. We ask today, Lord, for your patience to hear one another out, and if necessary, Lord, give us patience when more information is needed, and ultimately if we need to, may we laugh at our own foibles to help us as we go through the meeting of the day. We trust you for the best resolutions to all matters brought before the Council. Omniscient one, we ask your blessings on Council President Verna and the remaining cabinet. Endow them with vision to aid in bringing forth the plans for the managing of the City of Philadelphia's affairs. May their combined strengths and talents fulfill the purposes for which you have called them. Finally, may your presence rest here. And, again, Lord we thank you for your grace throughout this meeting and the day ahead. people said amen. (Amen.)
The Chair thanks Reverend Duncan for her 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, March 11th, 2010. The Chair recognizes Councilwoman Tasco.
Thank you, Madam Chair. I move that the Journal of the meeting of Thursday, March 11th, 2010 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, March 11th, 2010 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the Journal is approved. The next order of business is requests for leave of absence, and, again, the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. On behalf of the majority, there are no requests for leave of absence today.
Thank you. The Chair recognizes Councilman Rizzo.
The Chair thanks the gentleman. The Chair will dispense with the regular order of business to visitors joining us in Chambers this morning. On behalf of all members of 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. The Chair now recognizes Councilwoman Blackwell, who will present a citation honoring Denise Rambaldi, Douglas Walker and Ms. Harris of the Philadelphia Zoo. Will the honorees and those accompanying them please join the Councilwoman at the podium. I see that Councilwoman Blackwell is being joined by Councilwoman Tasco and Councilman Jones.
Thank you, Madam President. Good morning. We are very pleased to have Vik Dewan, Ken Woodson and others they will introduce to join the Philadelphia Zoo in honoring and their efforts and accomplishments in global conservation. I'll call on Councilwoman Tasco first to read the first citation.
Thank you, Councilwoman Blackwell. It's a pleasure to present this City Council of the City of Philadelphia citation honoring one of my constituents and an outstanding young lady, Nyeema Harris. The Council of the City of Philadelphia is pleased and proud to join the Philadelphia Zoo in honoring and commending Nyeema Harris for her efforts and accomplishments in global conservation. Whereas, the creation of the Global Conservation Prize is the final component in a series of "Gifts of Gratitude" that the Philadelphia Zoo has created to celebrate its sesquicentennial year. A gala closes the year-long have touched nearly every neighborhood in Philadelphia and thousands of children; and Whereas, this year's recipient of the Philadelphia Zoo Emerging Conservation Leader Award, Nyeema Harris, is an alumna of the Zoo's award-winning Junior Zoo Apprentice Program. She has moved on to a career in conservation. Today, Ms. Harris is pursuing her Ph.D. on carnivore parasite population dynamics at North Carolina State University. In addition to her current Ph.D. work, Ms. Harris has worked extensively in the field of wildlife management while completing both her Master's Degree from the University of Montana and a Bachelor's Degree from Virginia Tech; and Whereas, in addition to her work related to her degrees, Nyeema has participated in numerous environmental projects, courses and presentations, both nationally and abroad. Ms. Harris remains very interested in conservation her work in this area upon graduation. Therefore, by virtue of this citation, the Council of the City of Philadelphia is pleased and proud to join the Philadelphia Zoo in honoring and commending Nyeema Harris for her efforts and accomplishments in global conservation. We congratulate her as a recipient of the Emerging Conservation Leader Award and extend the sincere respect and admiration of this legislation body. Signed Councilwoman Jannie Blackwell and President Anna Verna and supported by all members of City Council. And we thank you, Nyeema, for such outstanding work and wish you well as you move forward. You may come back one day to work at the Philadelphia Zoo. Thank you. (Applause.)
It will be my task to honor Douglas C. Walker. C. Walker. The City Council of the City of Philadelphia is pleased and proud to join the Philadelphia Zoo in honoring and commending Douglas C. Walker for his efforts and accomplishments in global conservation. Whereas, the creation of the Global Conservation Prize is the final component in a series of "Gifts of Gratitude" that the Philadelphia Zoo has created to celebrate its sesquicentennial, which is 150 years, by the way. A gala closes a year-long program of events that have touched nearly every neighborhood in the City of Philadelphia and thousands of children; Whereas, this year's recipient of the Philadelphia Zoo's Conservation Impact Award, Douglas C. Walker, is a partner responsible for the Philadelphia office of Brown Brothers Harriman and Company. Mr. Walker has demonstrated a species preservation, both locally and globally, through his volunteerism as a trustee of the Academy of Natural Sciences, Brandywine Conservancy, Stroud Water Research Center, the Pennsylvania Chapter of the Nature Conservancy and the Land Trust Alliance Advisory Board, as well as Chairman of the Board of National Lands Trust and Willistown Conservation Trust; Whereas, Mr. Walker's international interests include the Smithsonian National Board, the Nature Conservancy of African Council and African Wildlife Foundation and the Kidogo Foundation. Mr. Walker is also a founder of BEADS of Education and has been recognized as an elder in the Samburu Tribe. Therefore, by virtue of this citation, the Council of the City of Philadelphia is pleased and proud to join the Philadelphia Zoo in honoring and commending Douglas C. Walker for his global conservation. We congratulate him as a recipient of the Conservation Impact Award and extend our sincere respect and admiration of this legislative body. Signed by Councilwoman Jannie Blackwell and Council President Anna C. Verna. (Applause.)
Good morning. We now want to honor and commend Denise Rambaldi. The Council of the City of Philadelphia is pleased and proud to join the Philadelphia Zoo in honoring and commending Denise Rambaldi for her efforts and accomplishments in global conservation. Whereas, the creation of the Global Conservation Prize is the final component in a series of "Gifts of Gratitude" that the Philadelphia Zoo has created to celebrate its sesquicentennial year. A gala closes the year-long program of events that have touched Philadelphia and thousands of children; and Whereas, this year's recipient of the Philadelphia Zoo Global Conservation Prize, Denise Rambaldi, is the Executive Director of the Golden Lion Tamarin Association in Poco das Antas, Brazil. The award will be a multi-year financial prize that will enable Ms. Rambaldi to dedicate her time to the mission of her organizations and species preservation rather than fundraising; and Whereas, the Zoo will raise $500,000 to create an endowment that will support a significant portion of Ms. Rambaldi's work annually over a ten-year period. At the end of the award period, the fund will revert to the Zoo. Both organizations will benefit from this prize structure. Therefore, by virtue of this citation, the Council of the City of Philadelphia is pleased and proud to join the Philadelphia Zoo and its leadership Denise Rambaldi for her heroic efforts and accomplishments in the area of global conservation. We congratulate Denise Rambaldi as recipient of the Global Conservation Prize and extend the sincere respect and admiration of this legislative body. This citation was introduced by my colleague Councilwoman Jannie Blackwell, signed by President Anna C. Verna and, of course, supported by all members of the Philadelphia City Council. We congratulate each and every one of you. (Applause.)
Good morning, and I would like to ask my -- I apologize because my English is not that good and I'm going to do my best to try to respect your beautiful language today. morning, Madam President Anna Verna, Councilwoman Jannie Blackwell and all members of Council. Thank you for this honor. Philadelphia is a very special city, and the Philadelphia Zoo is a very special zoo. In fact, the Philadelphia Zoo is an international leader in the protection and conservation of wildlife around the world. The past 150 years the Zoo has exuded leadership and pioneer approaches to the care and protection of wildlife, and I am certain the next 150 years we will be just as spectacular. Through the creation of the Philadelphia Zoo Global Prize, they are making a significant decade-long commitment to place an endangered species, the golden lion tamarin, or Mico-leao Dourado as we would say in Portuguese, on a long term (unintelligible) away from distinction and toward survival. The Global Conservation Prize the level to which the Zoo exercises its leadership and why it is considered to be the best of the world. Again, I thank you, the members of Philadelphia City Council and leadership of the Philadelphia Zoo, for today's honor and the Global Prize Conservation. Thank you. Muito obrigada. (Applause.)
We will now recognize Ms. Harris for brief remarks.
Good morning. I don't follow scripts very well, so I apologize in advance. It's an honor for me to be here this morning. Excuse my appearance. I'm coming directly from the field, from work, but it is an honor to be here and I appreciate your time and attention. I want to give a special thanks to the Councilwoman Ann Verna, Blackwell, as well as Councilwoman Tasco, just for their recognition and support. Particularly as a native Philadelphian, I appreciate the support that I've received both from the City of Philadelphia throughout my career in my high school years here as well as the support and guidance that I've received from the Philadelphia Zoo. (Applause.)
Thank you very much. I very much want to thank City Council President Ann Verna and Councilwoman Jannie Blackwell, as well as all members of City Council. I'm a native of the Delaware Valley, have worked for over 30 years in Philadelphia, and loved this area all that time, and I must just thank all of you. The City of Philadelphia has done so well in the last 30 years, and without its thriving, the rest of the area just So thank you very much. (Applause.)
Good morning and thank you, Council President Verna, Councilwoman Blackwell, Blondell Reynolds Brown, Councilwoman Tasco, Councilman Jones and other members of Council. Thank you so much. I was here almost a year ago to kick off what was going to be our sesquicentennial year and we talked about the ways in which the Philadelphia Zoo would contribute to the work and efforts around families and children in the Philadelphia region. During the course of this year, through our "Gifts of Gratitude," we have reached Title I school children who have visited the Zoo in large numbers. We reached through community organizations with conservation grants, and we've also been able to have an opportunity to speak to and reach large numbers of social service that we do. Tonight is our Global Conservation Gala and concludes our sesquicentennial year, and we want to thank all Councilmembers for their extraordinary support during the course of this year, and thank you for the citations today and a special thank-you to Councilwoman Miller as well. Thank you. (Applause.)
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 pleased to advise you that on March 17, 2010, I signed the remaining bills that were passed by Council at its session on March 4, 2010 and I signed all of the bills that were passed by Council at its session on March 11, 2010; and I am transmitting herewith for the consideration of your honorable body an ordinance amending Section 19-513 of The Philadelphia Code, entitled "Tax Amnesty Program," by providing for treatment of additions to tax, and making technical amendments; and Also an ordinance authorizing the Commissioner of Public Property, on behalf of the City, to convey to the Philadelphia Authority for Industrial Development a certain parcel of land situate on the northeasterly side of Cottman Avenue near Shelbourne Street, being a portion of the Ryers Station parking lot; and Also an ordinance further amending Bill No. 090325, entitled "An ordinance approving the Fiscal Year 2010 Capital Budget providing for expenditures for the capital purposes of the Philadelphia Gas Works," by approving a further amended Capital Budget for Fiscal Year 2010, all under certain terms and conditions.
Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in his possession.
Thank you. The next order of business is the introduction of bills and resolutions, and at this time, the Chair recognizes Councilman Kenney.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chief Clerk will please read the title.
An ordinance amending Section 19-513 of The Philadelphia Code, entitled "Tax Amnesty Program," by providing for treatment of additions to tax, and making technical amendments, under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Tasco.
Madam President, I offer one bill and one bill on your behalf.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Section 10-602 of The Philadelphia Code, known as the "Clean Indoor Air Worker Protection Law," by providing a limited period of time, expiring June 30, 2010, during which a Private Club, as defined, may apply for and obtain a waiver of the provisions of the Section prohibiting smoking in certain places.
The bill will be referred to the appropriate committee.
And an ordinance further amending Bill No. 090325, entitled "An ordinance approving the Fiscal Year 2010 Capital Budget providing for expenditures for the capital purposes of the Philadelphia Gas Works.
This bill 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 of the resolution.
A resolution proclaiming the week of April 18th, 2010 as "National Crime Victims' Rights Week."
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 Chair recognizes Councilman Green.
The Chair thanks the gentleman. The Chair recognizes Councilman Jones.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. No bills or resolutions today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. No bills or resolutions today.
Thank you. The Chair recognizes Councilman O'Neill.
An ordinance authorizing the Commissioner of Public Property, on behalf of the City, to convey to the Philadelphia Authority for Industrial Development a certain parcel of land with the buildings and improvements thereon situate in the northeasterly side of Cottman Avenue near Shelbourne Street, being a portion of the Ryers Station parking lot.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Clarke.
Madam President, I have one resolution, but I may have another bill.
Madam President, I have one resolution right now, but I may have another bill that I would possibly like to introduce later on in the Council.
Thank you. The Chief Clerk will please read the title of the resolution.
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 Eighteenth, Twenty-Ninth and Thirty-Second Wards of the City of Philadelphia.
The Chair recognizes Councilman Clarke for a motion on his resolution.
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.
Thank you. The next order of business is reports from committees. The Chair recognizes Councilwoman Tasco for a report from the Committee of the Whole.
Thank you, of the Whole reports one bill 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 of the Whole, to which was referred Bill No. 100136, entitled "An ordinance amending Chapter 19-3500 of The Philadelphia Code, entitled 'General Acute Care Hospital Assessment,' by clarifying its applicability to High Volume Medicaid Hospitals, by revising due dates, by making changes to conform to amendments to State law, and making technical changes, all under certain terms and conditions," respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
Thank you. The Chair again recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading of this bill just reported from committee. (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 bill just reported from committee. All in favor will say aye. (Aye.)
The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. Greenlee for a report from the Committee on Law and Government.
Thank you, Madam President. The Committee on Law and Government reports one bill and one resolution with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
The Committee on Law and Government, to which was referred Bill No. 100121, entitled "An ordinance providing for the submission to the qualified electors of the City of Philadelphia of a proposed amendment to the Philadelphia Home Rule Charter set forth in a Resolution approved by Council relating to restrictions on the political activities of City officers and employees"; and Resolution No. 100139, entitled "A resolution proposing an amendment to the Philadelphia Home Rule Charter relating to restrictions on the political activities of City officers and employees, and providing for the submission of the amendment to the electors of Philadelphia," respectfully reports it has considered and amended the same and returns the attached bill and resolution to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 100121. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as this day of the bill just reported from committee. All in favor will say aye. (Aye.)
The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. Resolution No. 100139 will be placed on our Second Reading and Final Passage Calendar for our next session of Council. The Chair now recognizes Councilman DiCicco for a report from the Committee on Streets and Services. COUNCILMAN DiCICCO: Thank you, Madam President. The Committee on Streets and Services reports four bills with a favorable recommendation.
The Committee on Streets and Services, to which was referred Bill No. 080029, entitled "An ordinance authorizing the vacating of Byberry and Bensalem Road from Southampton-Byberry Road to the Philadelphia and Bucks County Line and the vacating of Burling Avenue from the Roosevelt Boulevard to a dead-end"; and Bill No. 090925, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 248 by placing on the City Plan Saybrook Avenue from Lloyd Street to Seventy-Second Street"; and Bill No. 090926, entitled "An ordinance authorizing the paving of Saybrook Avenue from Lloyd Street to Seventy-Second Street"; and Bill No. 100102, entitled "An ordinance amending Section 2 of an ordinance (Bill No. 080725) approved November 19, 2008, entitled 'An ordinance lines and grades on a portion of City Plan No. 120 by striking from the City Plan and vacating Cleveland Street from Girard Avenue to Stiles Street, under certain terms and conditions,' by extending the period for compliance with the terms and conditions stated therein," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move that the four bills that have just been read into the record, that the rules of Council be suspended so as to permit first reading today. (Duly seconded.)
It has been moved and properly seconded that 3/18/10 - STATED - 2ND READING 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. I note that the bills just reported from committee with a suspension of the rules have been deemed to have had a first reading. The bills will be placed on our Second Reading and Final Passage Calendar for the next session of Council. There are no additional bills on our First Reading Calendar. Therefore, the Chair recognizes Councilwoman Tasco for the purpose of 3/18/10 - STATED - 2ND READING calling up the bills on the Second Reading and Final Passage Calendar.
Thank you, Madam President. Bill Nos. 090852, 100095 -
I'm sorry. I'm suffering down here today. Bills 090852 and 100095 are being called up for Second Reading and Final Passage Calendar today. All other bills are being held, and Resolution No. 090226 is being withdrawn.
Thank you. The Chief Clerk will please read the title of Resolution No. 090226.
A resolution providing for the approval by the Council of the City of Philadelphia of a Revised Five Year Financial Plan for the City of Philadelphia covering Fiscal Years 2010 through 2014. 3/18/10 - STATED - 2ND READING
I move that Resolution 090226 be withdrawn. (Duly seconded.)
It has been moved and seconded that Resolution No. 090226 be withdrawn. All in favor will say aye. (Aye.)
The ayes have it. The motion carries. And the Clerk will please read the title of Bill No. 090852.
An ordinance amending Chapter 14-1800 of The Philadelphia Code, entitled "Zoning Board of Adjustment," to provide that the Zoning Board of Adjustment shall require any person seeking a variance from the terms of Title 14 to be current in payments of all taxes imposed under Title 19. 3/18/10 - STATED - 2ND READING
Yeah. Madam President, I'm sorry. Prior to the vote -- and I don't mean to confuse the issue. I recognize that the intent of this bill is very clear and if you don't have your taxes paid, you shouldn't get consideration and issues of consideration relative -- from the government unless you're paid up in full. There was an issue raised in the hearing, and because of all of the confusion and things we've been doing lately, I have not been able to get an answer to or not heard the answer about whether or not there was issue raised on CDCs and non-profits where they were attempting to acquire a parcel of land in order to put it back into positive use, but there may have been an ongoing or outstanding debt liability, tax liability, and that the 3/18/10 - STATED - 2ND READING issuance of the variance was a timely issue and could potentially keep the project from moving forward. I don't know whether or not there was any additional conversation with the sponsor of the bill, and I know Councilman Clarke was also involved in that, and prior to voting, I just want to know if we can get an update as to what the future of that is. Obviously if someone intentionally is not paying their taxes and comes to the government for a variance, they should be denied or not even be able to get into the game, but if this is a CDC or non-profit issue and it will stop a project from going forward that could be productive and create tax ratables, I just want to know if that has been resolved or discussed or is there a plan to discuss it.
Yes. 3/18/10 - STATED - 2ND READING Thanks, Councilman Kenney, for giving me that opportunity. I'll read the communication from the Revenue Department. "The Department of Revenue is currently working closely with the RDA and the Law Department" --
To answer the question, the answer is yes. The CDCs are currently working or at least the Revenue Department is working to administratively resolve any concerns that they have and the Deputy Director of the CDCs has been communicated with, and administratively they are satisfying their need. If you'd like me to read the communication, I will.
Thank you. 3/18/10 - STATED - 2ND READING The Chair recognizes Councilman Green.
Thank you very much, Madam President. I just would like the bill sponsor to explain to me at what point you cannot get a variance. Is it your taxes are one month late, your taxes are three months late, it's a year, there's some period of time? I mean, perhaps as part of a sale, you intend to pay your taxes at a sale that a variance is contingent upon. There's many factors here, and I don't want to keep properties from transferring or things happening for somebody being a few months behind as opposed to the tax deadbeats that I think this is really intended to go after. I'd like a clear understanding of what the law says.
If a person is asking for a variance and they're in 3/18/10 - STATED - 2ND READING an agreement with the City, they would be granted, if appropriate, that variance request. And if the person owes the City of Philadelphia money, they would be subject to having an agreement to pay that or not get the variance.
Councilman Green, does that respond to your question?
Could someone point me in the bill to where it says that and also in the bill to where it says it with respect to CDCs?
It was agreed that there was no need because of the fact that the University of Pennsylvania was satisfied with the information that they received, that administratively it would work. And, again, I think I should read the communication from the Revenue Department. 3/18/10 - STATED - 2ND READING "The Department of Revenue is currently working closely with the RDA and the Law Department to develop a process to address the concern. The RDA is in the process of providing a list to Revenue that includes the properties that will meet this criteria. The list will include all relevant data and dates. Revenue will use this list to expedite tax clearances when the delinquency cited is for a listed property for the period prior to the current owner's responsibility. Although we are still working on some of the optional issues, we feel that the hurdles will be overcome." And, again, the agencies were satisfied with that response.
Madam President, I don't have a copy of the bill in my package.
The 3/18/10 - STATED - 2ND READING Chair recognizes Councilwoman Blackwell for a point of order.
Thank you, Madam President. I was concerned about this bill and was not prepared to vote for it for that very question, because in the title, it does not say in the title "under agreement." It only says they should be current in taxes. And as we know, the title of the bill is everything, and unless they say "under agreement" in the title, then I am not going to vote for this legislation.
Thank you, Madam President. I feel exactly the same way. I think we need to amend the bill to make clear our intentions rather than relying on an e-mail, which is not a legal opinion, that says this can be handled administratively. So I move to table this bill. 3/18/10 - STATED - 2ND READING
Madam President, rather than table the bill, could we just ask the sponsor to hold the bill and that we can have a discussion about the provisions and then try and figure it out rather than table it. I think to hold it would be -
Thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I don't know if the sponsor is going to hold the bill. I just wanted to weigh in on the issue. With respect to the CDCs, along with Councilman Rizzo and I'm assuming 3/18/10 - STATED - 2ND READING other Councilmembers, we were approached by the representatives of the PACDC on this very matter actually during the hearing, and subsequent to the hearing, two things weighed in the favor of us being able to administratively correct that. One was the fact that the sponsor of the bill agreed to delay the implementation of the bill until January of 2011, and the Administration thought that was more than adequate time to fix this administratively. Working with our office and Mr. Carter and Mr. White and Councilman Rizzo's staff, we worked very closely with the CDCs. The language that was crafted and an agreement with the Law Department, the Department of Revenue was signed off by the CDCs. It's not my bill. Personally if the Councilman is comfortable with holding it, that's fine with me, but I just want to say there had been substantial work done working with those 3/18/10 - STATED - 2ND READING very community development corporations as it relates to their feeling comfortable about the bill.
I'd like to speak further on the bill. Madam President, I think it's irresponsible of us at this time to pass a bill, as Councilwoman Blackwell says, that does not make clear our intentions in the body of the bill and later rely on some administrative provisions that are unclear to address the problem. I think we need to hold this bill, and if the sponsor is not willing to hold the bill, then I make a motion to table it. I think we can work this out in a week with an amendment.
Madam President, I actually think this is a fine piece of democracy in action, but 3/18/10 - STATED - 2ND READING there's too much confusion about the bill and it's too important a matter for us to knee-jerk response to have it. I think I would prevail upon the sponsors to hold the bill until we have clarity.
Thank you. The Chair recognizes Councilman Kelly.
Thank you, Madam President. I believe in the intent of this bill. I really do. But I think most of us here are having some problems fully understanding the nature of this bill, and I'm asking the sponsor to hold it. I think I agree with Councilman Green that this could be remedied in a very, very quick fashion, probably in a week or so.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, 3/18/10 - STATED - 2ND READING Madam President. I too understand the intent of the bill, but have learned in being here that we also have to be concerned about the unintended consequences, and having walked in the shoes of a debate prior to a vote on a bill, I would ask my sponsor as well to hold the bill. Thank you, Madam President.
Thank you. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I believe that anyone that's been working out in the neighborhoods trying to get some of these blighted buildings removed, sold, developed, et cetera, had concerns about this bill and felt that it would have a negative impact on our ability to move forward with development. I also sent the Councilman an e-mail last week with some concerns, and I agree that the bill 3/18/10 - STATED - 2ND READING should be held. I think everything can be worked out. Most of my concerns were addressed, but if people have questions, maybe it does need an amendment, because I think the intent is good. Thank you.
Thank you. The Chair recognizes Councilman Rizzo.
Madam President, I have no problem. After discussing it with some of my colleagues, we'll delay for a week.
Thank you. I would ask the Chief Clerk to please read the title of Bill No. 100095.
An ordinance amending Section 22-310 of The Philadelphia Code, entitled "Deferred Retirement Option Plan," by conforming the City's DROP program to the requirements of Pennsylvania Act No. 44 3/18/10 - STATED - 2ND READING of 2009 (House Bill 1828), which restricts the DROP eligibility of elected officials.
This bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. That completes 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 Councilwoman Brown.
I thank you, Madam President. An announcement, please, on behalf of Big Brothers/Big to please join Big Brothers and Big Sisters for the second annual City of Philadelphia legislative luncheon, where we get a chance to interface with the leadership and staff there around the issue of our city's children. That is today immediately -- or actually it's from 12:00 noon to 1:00 p.m. in the City Council Caucus Room, and lunch will be provided. I offer this announcement on behalf of the Director of Government and Foundation Relations, Ted Qualli. Thank you, Madam President.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. We are pleased as always when they're there to mention our Partnership for Prescription Assistance to people who need help with prescription costs. Thank you. They're out in the information for your use. Thank you.
Thank you. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I'd just like to remind all of the citizens of Philadelphia who have received the Census form, to remind them it's very important to the City of Philadelphia that everyone is counted. Federal dollars are appropriated to the City based on population, and if we don't have a full count, we will lose money from the federal government. I believe the forms have been -- are being delivered as we speak. And also be mindful of any fraudulent forms that may come through the mail. If they have any questions, they can certainly call the Census Office and ask questions. I don't have that number. next week. But the census is very important, and we ask that everyone help us have a full count, because everyone should be counted if Philadelphia is to benefit. Thank you.
Thank you. Are there any other speeches on the part of the majority? (No response.)
Seeing none, the Chair recognizes Councilman Clarke for a motion to adjourn.
Thank you, Madam President. I move that Council stand adjourned until Thursday, March 25th, 2010, 10:00 a.m. (Duly seconded.)
It has been moved and seconded that Council stand adjourned until Thursday, March the 25th at 10:00 a.m. say aye. (Aye.)
The ayes have it and the motion carries. Thank you. (Stated Meeting adjourned at 10:55 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 March 18, 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.)