Stated Meeting, May 25, 2004

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Tuesday, May 25, 2004, 3:40 p.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DAVID COHEN COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILMAN JUAN F. RAMOS COUNCILMAN FRANK RIZZO COUNCILMAN FRANK DI CICCO COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN MICHAEL A. NUTTER COUNCILMAN DARRELL L. CLARKE COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN MARIAN B. TASCO COUNCILMAN BRIAN J. O'NEILL PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, PA 19103 215.561.2220 215.567.2670

Council will please come to order. I would like to announce that Resolution No. 040276 scheduled for today is recessed until Monday, May 31st at 12:00 noon. At this time, the Chair requests that the Sergeant-at-Arms deliver to the Chief Clerk any additional messages from the Mayor that have been received since Council recessed on May 20th. The Chief Clerk will please read the messages from the Mayor. THE

To the President and Members of the Council of the City of Philadelphia, I am pleased to advise you that on May 24, 2004 I signed all of the Bills that were passed by Council at its session on May 13, 2004.

Thank you. The messages will be printed in the Journal. The Clerk will please read any other communications in her possession. THE

That's all I have, Madam President.

Thank you. I am told that Councilwoman Blackwell and Councilman Clarke have requested the opportunity to introduce additional Bills and Resolutions at this time. Without objection, the Chair recognizes Councilwoman Blackwell for additional introduction of Bills and Resolutions.

Thank you, Madam President. I introduce one Bill and one Resolution. The Bill is co-signed by Councilwoman Blondell Reynolds Brown. So we both introduce it.

Thank you.

Thank you.

The Clerk will please read the title of the Bill. THE

An ordinance creating the Philadelphia Housing Trust Fund, all under certain terms and conditions.

The Bill will be referred to the appropriate committee. THE

And a Resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 46th Ward of the City of Philadelphia.

The Chair recognizes Councilwoman Blackwell.

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

It has been -

May I ask for a point of order?

Yes, sir.

Could I hear that Resolution again. I couldn't make out any words.

The Chief Clerk will please read the title of the Resolution. THE

A Resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 46th Ward of the City of Philadelphia.

The Chair again recognizes Councilwoman Blackwell.

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

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

Those opposed? (No response.)

The ayes have it, and the Resolution is adopted. Is Councilman Clarke in the room? (No response.)

Is Councilman Clarke present? (No response.)

Are there any other members who wish to make additional introductions of Bills and Resolutions at this time? (No response.)

The Chair recognizes Councilman Clarke. (Brief discussion between Council President Verna and Councilman Clarke.)

At this time, the Chair recognizes Councilwoman Blackwell for an additional report from the Committee of the Whole.

Thank you, Madam President. The Committee on the Whole reports out 17 Bills with a favorable recommendation.

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

To the President and Members of the Council of the City of Philadelphia, the Committee of the Whole Council, to which was referred Bill No. 040009 entitled, An ordinance amending Chapter 19-1500 of The Philadelphia Code entitled Wage and Net Profits Tax by decreasing the rates of the tax by making technical amendments, changing the effective dates for rate changes and repealing certain provisions; and Bill No. 040010 entitled, An ordinance amending Section 19-2604 of The Philadelphia Code relating to tax rates, credits and alternate tax computation for the business privilege tax; and Bill No. 040012 entitled, An ordinance amending Chapter 19-2600 of The Philadelphia Code entitled Business Privilege Taxes by amending the definition of net income to determine the net income of unincorporated businesses by allowing deductions of payments to certain proprietors or partners; and Bill No. 040021 entitled, An ordinance amending Chapter 19-500 of The Philadelphia Code entitled Taxes and Rents General by providing for uniform time limitations on collections, examinations and assessments; and Bill No. 040022 entitled, An ordinance amending Chapter 19-1300 of The Philadelphia Code entitled Real Estate Taxes by providing that no change by the Board of Revision of Taxes to the ratios it uses to calculate assessed value shall be effective unless Council by ordinance adjust real estate tax rates so that such change is revenue neutral; and Bill No. 040255 entitled, An ordinance adopting the operating budget for fiscal year 2005; and Bill No. 040257 entitled, An ordinance to adopt a capital program for six fiscal years, 2005 to 2010 inclusive; and Bill No. 040258 entitled, An ordinance to adopt a fiscal 2005 capital budget; and Bill No. 040259 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. 040260 entitled, An ordinance amending Chapter 19-1800 of The Philadelphia Code entitled School Tax Authorization by amending tax 19-1804 entitled Authorization of Net Income Tax; and Bill No. 040262 entitled, An ordinance amending Chapter 19-1800 of The Philadelphia Code entitled School Tax Authorization by amending Section 19-1806 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 within the School District of Philadelphia; and Bill No. 040313 entitled, An ordinance amending Chapter 19-2600 of The Philadelphia Code entitled Business Privilege Taxes by making permanent and clarifying the pilot program under which a job creation tax credit will be given to certain businesses that create new jobs within the City of Philadelphia; and Bill No. 040397 entitled, An ordinance amending Chapter 19-1500 of The Philadelphia Code entitled Wage and Net Profits Tax by decreasing in six stages the rates of the tax imposed upon certain low-income persons, providing for refunds of excess taxes paid and directing the Revenue Department to prepare forms for use by eligible taxpayers seeking such refunds; and Bill No. 04021 entitled, An ordinance amending Titles and of The Philadelphia Code, the Air Management Code and Health Code respectfully by increasing the fees or establishing new fees for various health-related licenses; and Bill No. 040422 entitled, An ordinance amending Title of The Philadelphia Code entitled Regulation of Businesses, Trades and Professions by adding a new section establishing a fee schedule for reinspections conducted by the Department of License and Inspections.

May I see the Chief Clerk at the side-bar, please. (Pause.) THE

And Bill No. 040019 entitled, An ordinance amending Chapter 19-1400 of The Philadelphia Code entitled Realty Transfer Taxes by amending the definition of value to include deeds in lieu of foreclosure; and Bill No. 040423 entitled, An ordinance amending Section 11-203 of The Philadelphia Code entitled Sewer and Water Pipe and Other Underground Service by increasing permit fee charges for breaking and excavating of any paved macadamized street, 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. The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move that the Rules of Council be suspended so as to permit first reading this day of Bill Nos. 040009, 10, 12, 19, 21, 22, 55 -- 040255, 257, 258, 259, 260, 262, 313, 397, 040421, 422 and 423. (Duly seconded.)

Do I hear a second? 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 the Committee of the Whole. All in favor will indicate by saying aye. (Aye.)

Those 5/25/04 - STATED - 1ST READING opposed? (No response.)

The ayes have it, and the motion carries. The Chief Clerk will please read the Bills reported from the Committee of the Whole. THE

Bill No. 040009, an ordinance amending Chapter 19-1500 of The Philadelphia Code entitled Wage and Net Profits Tax.

The Chair agrees. THE

And Bill No. 040010, an ordinance amending Section 19-2604 of The Philadelphia Code relating to tax rates, credits and alternate tax computation for business privilege tax.

The Chair agrees. THE

And Bill No. 040012, an ordinance amending Chapter 19-2600 of The Philadelphia Code entitled Business Privilege Taxes by amending the definition of 5/25/04 - STATED - 1ST READING net income to determine the net income of unincorporated businesses by allowing deductions of payments to certain proprietors or partners.

The Chair agrees. THE

And Bill No. 040019, an ordinance amending Chapter 19-1400 of The Philadelphia Code entitled Realty Transfer Taxes by amending the definition of value to include deeds in lieu of foreclosure.

The Chair agrees. THE

And Bill No. 040021, an ordinance amending Chapter 19-500 of The Philadelphia Code entitled Taxes and Rents General by providing for uniform time limitations on collections, examinations and assessments.

The Chair agrees. THE

And Bill No. 040022, an ordinance amending Chapter 19-1300 of The Philadelphia Code entitled Real Estate 5/25/04 - STATED - 1ST READING Taxes by providing that no change by the Board of Revision of Taxes to the ratios it uses to calculate assessed value shall be effective unless Council by ordinance adjust real estate tax rates so that such change is revenue neutral.

The Chair agrees. THE

And Bill No. 040255, an ordinance adopting the operating budget for fiscal year 2005.

The Chair agrees. THE

And Bill No. 040257, an ordinance to adopt a capital program for six fiscal years, 2005 to 2010 inclusive.

The Chair agrees. THE

And Bill No. 040258, an ordinance to adopt a fiscal 2005 capital budget.

The Chair agrees. 5/25/04 - STATED - 1ST READING THE

And Bill No. 040259, 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.

The Chair agrees. THE

And Bill No. 040260, an ordinance amending Chapter 19-1800 of The Philadelphia Code entitled School Tax Authorization.

The Chair agrees. THE

And Bill No. 040262, an ordinance amending Chapter 19-1800 of The Philadelphia Code entitled School Tax Authorization by amending Section 19-1806 to further authorize the Board of Education of the School District of Philadelphia to impose a tax on use on occupancy of real estate within the School District of Philadelphia.

The 5/25/04 - STATED - 1ST READING Chair agrees. THE

And Bill 040313, an ordinance amending Chapter 19-2600 of The Philadelphia Code entitled Business Privilege Taxes by making permanent and clarifying the pilot program under which a job creation tax credit will be given to certain businesses that create new jobs within the City of Philadelphia.

The Chair agrees. THE

And Bill No. 040397, an ordinance amending Chapter 19-1500 of The Philadelphia Code entitled Wage and Net Profits Tax by decreasing in six stages the rates of the tax imposed upon certain low-income persons, providing for refunds of excess taxes paid and directing the Revenue Department to prepare forms for use by eligible taxpayers seeking such refunds.

The Chair agrees. THE

And Bill No. 040421, an ordinance amending Titles and 5/25/04 - STATED - 1ST READING of The Philadelphia Code, the Air Management Code and Health Code respectfully by increasing fees or establishing new fees for various health-related licenses, permits, certificates, approvals and variances issued by the City.

The Chair agrees. THE

And Bill No. 040422, an ordinance amending Title 9 of The Philadelphia Code entitled Regulation of Businesses, Trades and Professions by adding a new section establishing a fee schedule for reinspections conducted by the Department of License and Inspections.

The Chair agrees. THE

And Bill No. 040423, an ordinance amending Section 11-203 of The Philadelphia Code entitled Sewer and Water Pipe and Other Underground Services, all under certain terms and conditions.

Thank you. 5/25/04 - STATED - 1ST READING The Bills just read by the Chief Clerk will be placed on the second reading and final passage calendar for our next session. That concludes our first reading calendar. Without objection, it is my understanding that Councilman Rizzo has a Bill he would like to introduce.

That's correct, Madam President, and thank you.

The Chief Clerk will please read the title of the Bill. THE

An ordinance amending Title 9 of The Philadelphia Code, Regulation of Business Trades and Professions by amending Section 9-605, Towing, to prohibit certain towing upon the establishment of a rotational towing system to define the perimeters of the rotational establishment of a rotational towing system.

Thank you. The Bill will be referred to the appropriate committee. 5/25/04 - STATED - 1ST READING That concludes our business for today. Are there speeches on the part of the Minority? (No response.)

Are there speeches on the part of the Majority? (No response.)

Seeing none, the Chair recognizes Councilwoman Tasco for a motion to adjourn.

Madam Chair, I move that Council stand adjourned until Thursday, May 27th at 10:00 a.m.

Do I hear a second? (Duly seconded.)

All in favor will please say aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and Council stands adjourned 5/25/04 - STATED - 1ST READING until Thursday, May the 27th at 10:00 a.m. Thank you. (Council adjourned at 4:00 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 25, 2004, 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.)