COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, February 27, 2003 10:10 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DI CICCO COUNCILMAN W. WILSON GOODE, JR. 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 ANGEL L. ORTIZ 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
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. To give our invocation this morning, the Chair welcomes the Reverend D.J. Lawrence. The Rev. Lawrence is the Pastor of the New Psalmist Baptist Church. He is here today as the guest of Councilman Kenney. Members and guests will please rise. REV. LAWRENCE: Shall we pray? Our Father, who art in heaven, hallowed be thy name. They kingdom come, and in City Council we pray, oh, God, that thy will would be done. We pray, Lord, for the leader of our nation. We pray for our President, for you have instructed us in thy word to pray for those in government. So we pray from the White House to the State House. We pray for our Governor. We pray for the Mayor of this City. Oh, God, we pray for the President of this august body, this Council, Anna Verna. We pray, oh, God, that you would bless each Councilman, each Councilwoman. We pray especially, oh, God, for Councilman James Kenney. We pray that bless him, that you would strengthen him. Lord, let our hearts be in harmony with truth. We pray that you would prosper this City. We pray, oh, God, these and all other blessings in the name of truth, we request, and our hearts say amen.
The Chair thanks Rev. Lawrence for his very inspiring 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, February 20, 2003. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, February 20, 2003, stand approved.
It has been moved and properly seconded that the Journal of the meeting of Thursday, February 20, 2003 stand in fair will indicate by saying aye. (Aye.)
The ayes have it, and the Journal of the meeting of Thursday, February 20, 2003, has been approved. The next order of business is requests for leave of absence. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no requests for leaves of absence today on the part of the majority.
The Chair thanks the Councilwoman. At this time the Chair recognizes Councilman O'Neill.
Madam President, on republicans, leave of absence is requested for Councilman Thacher Longstreth.
The Chair thanks the Councilman. Leave will be granted. 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 our Council Session today. 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. As most of us know, Philadelphia and the City of Incheon, Korea, are sister cities. And this year we are celebrating the 20 anniversary of that relationship. Therefore, I am especially pleased to welcome a most distinguished delegation from Incheon. Among them are the City Council President, City Councilmembers, and various City officials. Would you please stand so that we can recognize you? (Applause.)
The group is accompanied by our Philadelphia friends, Mr. Adam Kim, Dr. Daniel Yun and Ms. Nancy Gillboy. And also, it's my understanding that we also have Ms. Jennifer McGin (ph). this time to ask Council President Gyung Chul Shin to step forward and address our Council and guests. Mr. Shin.
Honorable City Council President Anna Verna and City Council Members. I am Gyung Chul Shin, and I am the president of Incheon Metropolitan City Council of Korea. My gratitude goes out to City Council President Anna Verna and all of you present here. I am most grateful for your warm reception. I'd like to take a moment to introduce our City Council Members. Councilman Bun Sung Lee, Councilman Byung Uk Song, Councilman Byung Bae Ahn, Councilman Myung Woo Lee, Councilman Pil Woo Kim, Councilman Chang Gyoo Kang, Councilman Jin Woo Lee. The following are Incheon city officials: Hong Shik Oh, General Secretary Division; Joong Jin Kim, General Secretary Division; and that is all our delegation. Honorable City Council President Anna Verna, thank you for inviting our delegation to this meeting today. I had an opportunity to visit in 1997 and have noticed that Philadelphia always gave me a sense of warmth and friendliness. It is without doubt that friendship shared by the two cities since 1993 has cultivated through numerous exchange programs. Incheon City Council, with the support of 2.6 million Incheon citizens is striving to build a new Incheon of 21st Century. And if I may say so, Incheon has the potential of becoming the center of Northeast Asia as the Korean government prepares to make Incheon the Free Trade Zone. And I strongly believe that the cooperate and the support of Philadelphia is very much needed in making Incheon an international and exceptional City. Once again, I wish for mutual prosperity of Philadelphia and Incheon, and furthermore, United States of America and Korea whose friendship holds such rich tradition. I wish all the best for all of you gathered here at this meeting today and thank you, Councilmembers and President Verna.
Thank you. And we will see you later today. (Applause.)
The next order of business is communications. The Chair recognizes the Sergeant-At-Arms for the purpose of delivering the messages from the Mayor to the Chief Clerk. The Clerk will please read the messages from the Mayor.
To the President and Members of Council of the City of Philadelphia. I am pleased to advise you that on February 26, 2003, I sign all of the bills that were passed by Council at its Session on February 13, 2003. And I am transmitting for the consideration of your Honorable Body a draft of a resolution entitled, a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of City of Philadelphia for the redevelopment and Urban Renewal of a portion of the Model Cities Urban Renewal Area.
The messages will be printed in the Journal. Does the Clerk have any other communications in her possession?
Thank you. The next order of business is the introduction of bills of resolutions. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor of the motion will signify by saying aye. (Aye.)
The ayes have it. The motion carries. And the Chair recognizes Councilman Kenney.
Thank you, Madam AND RESOLUTIONS President I offer one bill.
Thank you. The Clerk will please read the title of the bill.
An ordinance amending Title 14 of the Philadelphia Code entitled, "Zoning and Planning," by amending Chapter 14-1600 entitled "Miscellaneous," by adding a new section prohibiting or regulating the conducting of license gambling operations within certain or all zoning districts of the City, under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning I have one resolution.
Thank you. The Clerk will please read the title of the resolution.
The Chair AND RESOLUTIONS recognizes Councilwoman Blackwell.
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 motion carries. The Chair recognizes Councilman Cohen.
Thank you, Madam President. On behalf of the Council President and all Members of City Council, I offer one bill. The bill was cosponsored by all Members of Council President present here today.
Thank you. The Clerk will please read the title of the bill.
An ordinance requiring that any proposed rate filing with the Pennsylvania AND RESOLUTIONS Public Utility Commission on behalf of the City's natural Gas distribution operation include a proposal to continue the existing Senior Citizen Discount requiring that if any such filing was made prior to the date this ordinance became law, such filing shall be amended to include a proposal to continue the Senior Citizen Discount.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Mariano.
Madam President, I have one bill and two resolutions.
Thank you. The Clerk will please read the title of the bill.
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 317 and 319, by striking from the City Plan and vacating the legally open portions of Brobeck AND RESOLUTIONS Avenue from Algon Avenue to Pennway Street.
This bill will be referred to the appropriate committee. The Clerk will please read the title of the first resolution.
A resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and renewal of a portion of the Model Cities Urban Renewal Area.
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.)
The ayes have AND RESOLUTIONS it, and the motion carries. The Clerk will please read the title of the second resolution.
A resolution authorizing City Council to retain outside counsel to intervene at the proceedings before the Public Utility Commission relating to the Philadelphia Gas Works Restructuring Plan filed on July 1, 2002, and docketed as M00021612 to make certain that the PUC full understands that Council supports preservation of the existing Senior Citizen Discount.
Madam President, I move for the adoption of 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 AND RESOLUTIONS it, and the resolution has been adopted. The Chair recognizes Councilwoman Tasco.
The Clerk will please read the title of the resolution.
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 signify by saying aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilwoman Miller. AND RESOLUTIONS
The Clerk will please read the title of the resolution.
A resolution honoring the life and memory of the late Leroy Sweets Alexander, who served as an inspiration and a role model for the youth and citizens 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 signify by saying aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilman Nutter.
Thank you, Madam AND RESOLUTIONS President. I offer two privileged resolutions.
The Clerk will please read the title of the first resolution.
A resolution recognizing February 25, 2003 as Reparations Awareness Day and urging the US Congress t pass HR 40 and the Pennsylvania House of Representatives to pass HB 315, both entitled the Commission Reparation Proposals for the African Americans Act.
Thank you, Madam President. I move 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 motion carries. The Clerk will please read the title of AND RESOLUTIONS the second resolution.
Thank you, Madam President. I move 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 motion carries. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I have no bill or resolutions this morning.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Goode. AND RESOLUTIONS
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Ortiz.
Thank you, Madam Chair. I have one bill sponsored by all Members of City Council.
An ordinance repealing Chapter 17-500 of the Philadelphia Code entitled, "Goals for the Participation of Minority, Female, and Disabled Owned Businesses in City Contracts," and enacting a new Chapter 17-500 of the Philadelphia Code to establish City contract participation goals for disadvantaged owned business enterprises which are business owned by the socially and economically disadvantaged individuals which presumably include business owned by women, minorities, and the disabled.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman DiCicco. AND RESOLUTIONS
Thank you, Madam President. I have no bills or resolutions today.
The Clerk will please read the title of the resolution.
An resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 16th, 20th, 28th, 32nd and 37th Wards of the City of Philadelphia.
Move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be AND RESOLUTIONS adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the motion carries. The Chair recognizes Councilman Rizzo.
Madam President, I have one resolution on behalf of myself and Councilwoman Blondel Reynolds-Brown.
The Clerk will please read the title of the resolution.
A resolution recognizing and thanking the Pennsylvania Horticulture Societies, Philadelphia Green Parks Revitalization Project for transforming neglected parks into safe, attractive and vital community places on its 10th anniversary.
I move for the adoption of this resolution. (Duly seconded.)
It has been properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted.
There are no reports from committees today. Therefore, our next order of business is the consideration of the Calendar. The Clerk will please read the bill on the First Reading Calendar.
Bill No. 020728, an ordinance amending Title 21 of the Philadelphia Code entitled miscellaneous by adding provision requiring members of boards and commissions of the City of Philadelphia to conduct certain of their deliberations, including deliberations with respect to adjudications pending before the Board of Commissions only at meetings open to the public with certain exceptions and under certain terms and conditions. 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE
The Chair agrees. The bill read by the Clerk will be placed on the second reading and Final Passage Calendar for our next Session of Council. That concludes the First Reading Calendar. The Chair now recognizes Councilwoman Blackwell for the purpose of calling up bills on the Second Reading and Final Passage Calendar.
Thank you, Madam President. Today Bill Nos. 020538A, 020601, and 020762, which is to be amended, and 030007 are being called up for second reading and final passage. All other bills are being held.
Thank you. The first bill to be considered is Bill No. 020538A. The Clerk will please read the title of the bill.
An ordinance amending Chapter 19-1800 of the Philadelphia Code entitled, "School Tax Authorization," by providing that real estate taxes imposed by the Board of Education of the School District of Philadelphia on a property shall not increase in any one year by more than a 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE specified percentage as a result of the increase int he assessed value of the property as returned by the Board of Revision of Taxes, under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally?
I'd like the sponsor of the bill why we are we voting on this bill this week various next when we know for sure what the State's contribution will be to public education?
I'm sorry, Madam President. I was slightly distracted. If I could ask my colleague to repeat the question, I'd appreciate it.
Surely. To the sponsor of the bill, my point of information is we will not know until we hear the budgets address next 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE week what the State's share will be to public education. So my question is, why this week versus next week when we have solid, factual, hard information?
Thank you, Madam Chair. I appreciate the question. I think there are a couple of responses. One, I'm sure Members remember that we were dealing with the property tax issue at the tail-end of last year. There were two bills that were introduced because there are two separate components to the property tax bill; there's a City tax and a School District tax. We've taken action on the City tax portion, although at a certain level we were unsuccessful in ultimately providing relief. This is the next expected step on a two-part process. Secondly, I think it's been the subject of a great amount of public information that Governor Rendell as a part of his four-point agenda, which I have every belief will be laid out next week, plans to address the school funding issue by putting forward measures that, by his own calculation, indicate that he's seeking to raise or 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE inject an addition will $1.5 billion into public education throughout the Commonwealth. Third, from the School District's own materials in a letter dated December 11, 2002, as well as a newspaper story generated by the School District on Friday January 10, 2003, the School District is presently anticipating showing some amount of surplus which would actually cover the cost of this proposed tax savings to the citizens. Lastly, this bill is only for one year, this current tax year, and will not have implications for the District on a going-forward basis. Certainly, my preference would have been that both bills were in last year together. But I think generally the Council made a decision to separate them. And we're getting back in Session. I think we've had two or three Sessions since the Budget Address, and so from my perspective, this is just a continuation of Council legislative activity trying to provide some level of relief to taxpayers who have desperately been crying out after the outrageous increases that some of the our constituents experienced. And at least I know in 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE the 4th District, having attended four out of the five Board of Revision Taxes hearings, many of those constituents were quite upset that City Council was not able to provide any relief to them and that their only recourse in some instances was to appeal. So that would be my response. I appreciate the Councilwoman's concern. But I think that we should try in our capacity to provide some amount of tax relieve t citizens when we can. Thank you, Madam Chair.
Follow-up point of information, Madam Chair. We know that the surplus is 2 million. What is the structural deficit expected to be for the Philadelphia School District?
I think there's an attachment with the materials. The School District is projecting over the next -- although that attachment doesn't -- I've seen another document from the District. I think the District has shared with us their financial information indicating that -- it's probably addressed in point No. 3 in the letter that the district will continue to have a 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE structural deficit over the next few years, but they also presently have $187 million left from the deficit financing proceeds that this Council approved a millage transfer last year to enable the District to borrow $300 million. Even with that funding remaining, the School District will be able -- and I think they are showing balanced budgets going forward for the next five years because they will use those remaining $187 million of deficit financing proceeds to address their structural deficits. Ultimately, I think --- and I'm sure my colleague is aware, ultimately I think that the budget concerns for the School District will ultimately be addressed by the package of materials both by Governor Rendell and the State legislative leaders to try to fix, not only the problems here in Philadelphia, but I believe the 160-some-odd school districts across the Commonwealth that are also presently running deficits. As quiet as it's kept, Philadelphia's not the only school district in the Commonwealth out of 501 districts that has financial problems. And so I think that Governor Rendell is certainly committed to working on this issue. I 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE think the State Legislature has also indicated a willingness to work on this issue. What we're talking about is some amount of tax relief for one year. And I believe by the District's own documents, they're indicating that they can at least afford to finish out the school year and not impact any child in getting a good education in the course of this Fiscal Year.
Thank you, Madam President. Some amount of tax relief on the backs of 219,000 Philadelphia Public School children is, for me, an unequal equation. We've stated many times before that all of us of this body believe that every citizen in this City deserves tax relief. The major question remains, should we do it on the back of the Philadelphia school children who attend our public schools? Thank you, Madam Chair.
You're welcome. Councilman Goode, did you want to be recognizes.
Yes, Madam President. I have a point of information as well. I'd like to ask the sponsor of the bill, 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE we understand this bill only impacts the School District for a year, we understand the School District fairly health, we understand what we've done to try to make sure they have long-term fiscal health, but the truth of the matter is that the Governor Rendell and State Legislature would not be considering putting more money in the School District if the School District didn't need additional funds. So my question is, while Governor Rendell who I trust to put more money in public education has proposed 1.5 billion for the entire State, do we yet know what cut Philadelphia school children will get? And if not, why are we moving before we know what specific cut Philadelphia school children will get?
Thank you. I thank my colleague for the question. I certainly cannot tell you at the moment what the cut will be -- I don't want to "cut" in the same context -- what the share of the Governor's proposal will be for Philadelphia. I think we all know that Philadelphia has the largest school district in the Commonwealth of Pennsylvania and by shear proportion will get a sizable amount of 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE those dollars. I think all of us could probably accept or stipulate to the fact that it will be more than 1.35 million which is the projected cost of this particular measure for this one school year. And again, I think my position is very clear. I mean, I care about the school children of Philadelphia. I have a child in public school. But I'm also sensitive to the many parents who have children in public schools who are also asking for some amount of relief. And I don't think that their request is inconsistent with their concern about the education of their child. Let me repeat again for the record. Given the School District's documents indicating that they will finish this school year with the surplus, no child is in jeopardy in the course of this school year of not getting the same quality education they anticipated at the beginning of the school year. No one is going to go without lunch, recess, books, or any other provision because the School District has already anticipated providing those services to our school children in the course of this Fiscal Year and will complete the year on the operating budget side with a surplus for this 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE Fiscal Year as well as still holding $187 million of bond proceeds from the borrowing that was completed last year. So, I mean, I certainly am as sensitive as any of my colleagues about this particular issue, and I think what we have is a confluence of circumstances where all of us care about public education and public school children and at the same time we care about their parents and others who don't have children in public school and we're trying to strike a balance, and a small balance, to provide some amount of relief to people who are finding it difficult to deal with our tax system and others who may continue to decide that when you add it all up between some of the concerns about schools and between some of the concerns about taxes may choose to just relocate to another locale. As we continue to lose population, the City's fiscal problems will only increase as well as the School Districts fiscal situation. So I understand the concerns and I respect everyone's opinion on this particular matter, but I think that if we have an opportunity to provide even a minimal amount of relief to our 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE citizens without extreme exposure to the School District, that we should take the opportunity to try to help people where we can and protect our school children at the same time. Thank you, Madam Chair.
With all due respect to the sponsor, Madam Chair, I would suggest that while the School District's budget may be balanced on paper that I our children need tens and millions of dollars, if not hundreds of millions of dollars more for books, for computers, for higher teacher salaries. And just because the books are balanced does not mean that we do not need more money for schools. And until we find out what this State is going to do, I don't think we should move on this bill. And while I trust Governor Rendell to do the right thing and fulfill his campaign promises, I absolutely do not trust the State Legislature to do the right thing. Thank you, Madam President.
You're welcome. The Chair recognizes Councilwoman Tasco.
I'd just like to ask a question for clarification. When we were 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE discussing this bill, Michael, you presented us some information about the financial impact, not only on this, but the other bill. And I know the other bill is not before us at the point, but in comparison to the various percentage rates of the impact, could you explain for me a little further?
Because we do have possible legislation in Harrisburg that could come to the City with a cap relative to the real estate taxes. So I'd like to know a little more about all of that.
Sure. Councilwoman Tasco, I think you're making reference to a chart that had been put together back when we were in the thick of all this conversation. If the question is -- at the moment the matter in front of us is the 10 percent cap and there's been discussion about the other cap bill that's on the Calendar and may be moved for action. The chart that we all received at that time indicates that the 10 percent cap bill against the School District's budget that was passed last year would have an impact of $1.35 million to the School District against the budget that was 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE passed last year. The 4 percent cap from the chart that was produced last year, that same chart indicates that the 4 percent cap bill would have revenue impact of $8.29 million to the School District against the budget that they passed last year. Is that the information that you were seeking, Councilwoman Tasco?
I'd just like as a question of the sponsor, is it clear that this bill will subset in one year, Councilman Nutter? And again, I would like you to go back what impact, if any, will it have during this year in terms of the classroom instruction and what the kids will be able to get in terms of their school programmatic activities?
Councilman, the first part of your question is, yes, the bill is clear that it is only for this year. It's for tax bills for the tax year 2003. Many of our constituents have received their bills, some have not. But the bill is clear that it is only one year. 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE With regard to the second question that you asked, I think that, first, Councilman Goode makes an excellent point that -- and I certainly don't want to get myself in a situation where there's any confusion about, again, my position with regard to the School District. There is no question that there are many additional services, many basic services that we should be providing to the school children of Philadelphia and in our School District. And so let there be no doubt that the School District of Philadelphia needs more money and there are many other services that can be provided. And I think until we're operating at least at a quality of education level comparable to many other school districts that are, quite frankly, right near us if not across the street from some of us, for instance, in Lower Merion or Radnor or any of those places, we have a long way to go. But again, on the other hand, many of the parents of those same school children are asking for relief under this current situation. They are experiencing fiscal distress in their household pocket books. And again, if you talk to the School District, and I don't want to talk for them, but I think their than letter 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE indicates what they can do and what they can't do. And they don't necessarily want to be involved in this discussion. But Paul Vallas as the CEO over there believes that they can finish out this school year and not have any child's education affected by what we may do in this circumstance because of the way they're managing the dollars over at the School District, the savings that they've made themselves, as well as what their plans are for the rest of this school year.
Is it your intention that there will be know impact instructionally or programmatically in terms of classes?
Your contention then would be that there will be no impact instructionally or programmatically in terms of the services that will be provided to the students?
Well, I guess I'll give you two answers to that. One, I certainly believe in my heart and soul, given the fact that about 25 schools are in the district that I represent and there are 264 schools in the City and 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE that my own child is in school, I'm certainly not going to be irresponsible to the School District and negatively affect their ability to provide quality education. So that's kind of a personal response. Second, I mean, I have certainly had more than a few conversations with both Mr. Vallas and with Mr. Harris and neither of them at any time indicated other than, as we've discussed, their general interest in having as much money as possible, but neither of them have ever indicated that this particular bill would negatively impact their ability to provide a high-quality education to students who are in school this year, and they also are quite well aware that this bill is for one year. I've had a bunch conversations with them, and that issue has not been raised.
Councilman Tasco asked me to yield, Councilman Cohen, so I yield to her first. I'm through.
Since it's been 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE sometime since we've had this discussion about Councilman Nutter's bill, and I know Councilman O'Neill's similar and it's not before us, but I want to ask Councilman O'Neill a question about his bill in relationship to -- kind of brief us on what his bill really does so we can some idea what we're doing here.
Thank you, Madam President. In response to the Councilwoman's question, the 4 percent bill, 20601 is similar to the 4 percent bill that passed Council and became law without the Mayor's signature back in the latter part of last year. It is different than the 10 percent bill in a couple of respects, not just the percentage cap, but it clearly calls for state legislation to authorize its enactment. It's my belief that whatever changes we made to the system that we now have at BRT, state legislation is required and it is specifically in the bill. The State, I understand, in the spring is go to be holding hearings on a bill that was introduced in 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE Harrisburg to determine whether the State would authorize a cap. And I would not expect -- and this will be another difference. I would not expect the 4 percent capital to be effective until next year at the earliest. By the time the state acts, the Board of Revision will be substantially through all of its appeals for this year, if not entirely through. And we would be looking at the future and trying to get control of the excessive increases that we've been seeing at the Board of Revision of Taxes and allowing the Board to do what it's real job is, and that is to find the proper valuation for a property and not be involved in or accused of being involved in revenue-raising activities which are not their mission. And I think if this wasn't something that any one year was going to be a win-fall for either the City or the School District, and if we're not dealing with a system that started last summer, a process that started last summer with notices going out and is going to proceed until probably the beginning of this coming summer, we'll be much better served. And having the State as a partner in this to give us some relief in an area that state legislation doesn't presently allow us to do, I 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE think would be a great help. Just to go over it again, one is obviously 4 percent instead of 10 percent. Two, it specifically calls for state authorization and has no effect until then. And thirdly, I would expect the effectiveness of it to be for, not this school year or city tax year, but the following. And I would just, again, say that we have to look at the real special interest here. The School District is a huge government and any impact of a cap is going to have a relatively minimal impact. The City is a huge government. We've already decided that if the State would approve it that we can handle a relatively minimal impact. And I would just say to my colleagues, again, it's the people out there that can't afford these increases who are willing to pay something in what is a very unfair system just by its very nature that we should be most concerned about. And the City's in a lot worst shape financially, I think we'll all agree, then the School District, and we should certainly be looking, not at who is getting a little less money that they never would have had if we had a fair system, but what the impact is on those who can 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE least afford to pay it that are being asked to pay it. And again, not focussing on those who have gotten all the publicity that live in the most expensive residences, not just in the City but in the region, but people that are just trying to make it every day and getting hit with increases in double digits that are very unaffordable for many on them on fixed incomes. Thank you.
Thank you. At this time, the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. And I thank Councilman O'Neill for his explanation. Since these two bills were noted in the Caucus that we were going to hold them up today, what I'd ask respectfully ask my colleagues to do is to give us an opportunity to go back and review those charts that were given to us and let us look at the charts and have another discussion about this with our staff and with each our and then consider these bills next week.
The Chair 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE recognizes Councilman Cohen.
My request is of the sponsor of this measure, would he willing to take it off the Calendar today without any fixed date of bringing it back, it might be next week, it might not be at all. I find the arguments of both sides very compelling. The amount of money involved is very small. And I don't think it ought to be a basis for division in the Council. And therefore, I'm just asking that it be taken off the Calendar today, if the sponsor would agree to that. Give us all time. So my request is of Councilman Nutter, are you willing to have the bill withdrawn from the Calendar today?
Councilman Cohen, we can ask them to hold it today, they can do what they want to next week, so we're asking them to hold it today. It's basically the same request. But I do think in the meantime we have further discussion about this.
Thank you, Madam President. I think we should have further debate 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE and discussion about the distinctions between Councilman Cohen's request and Councilwoman Tasco's request, and I would like to have at least one hour of debate on those particular issues. And I'll actively engaged in that discussion. (Laughter.)
To both of my colleagues and to all of my colleagues for this discussion, the request is more than reasonable. And even at times as unreasonable as I can be, there is no reason not to hold these bills. I do want to make sure that I understand what I'm agreeing to because Councilman Cohen is very precise in is language. Councilman, as I understood the request, it's not so much that the bill is being taken off the Calendar, but we are just holding until some undetermined time which, as Councilwoman Tasco said, could be next week, could be another week, and I'm more than willing to do that.
Thank you. Councilman Clarke. 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE
Thank you, Madam President. Madam President, I don't want to beat a dead horse -- I'm going to do it anyway. There is one particular issue of interest because I just had a meeting last week with Michael Harris who is the Chief Financial Officer of the School District and Tim Spritzer (ph) who's the Deputy Chief and Bill Miller, although he was not acting in the particular capacity of a member of the Tax Commission, he is in fact that. And one of the issues that we talked about in very specific detail was this whole issue about their position on the tax bills of last year. And I indicated to them that it was somewhat unclear to me as to what their real position was as to what the implications of those tax bills would be on the School District's budget. They indicated to me, particularly Mr. Harris, that he felt he was quite clear that any of the tax cap bills would have had an effect on the School District's budget. So I only say that to say over the next week at a minimum I would think that we should have Mr. Harris in the discussion when we deliberate among the bodies so we'll get a clearcut idea of where the School District is with respect to any reduction of revenue 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE to it.
The next bill being called for consideration is Bill No. 020601, and the Chair recognizes Councilman O'Neill.
Madam President, I'm holding that bill for at least a week. But I do intend to run it next week.
Thank you. The Clerk will please read the title of Bill No. 020762.
An ordinance grating permission to Cogent Communications, its successors and assigns to construct, maintain, operate, replace and remove telecommunications service connections and fiber cables in and under the public rights-of-way a nd City streets, all under certain terms and conditions.
Thank you, Madam President. Madam President, I would like to amend 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE this particular bill, Bill No. 020762. I believe the amendment has been circulated. The amendment is technical in nature. Basically it says instead of listing the building address where the fiber cables will be located, it lays out the actual routes the cables will follow. So I would move that Bill No. 020762 be amended. (Duly seconded.)
It has been moved and properly seconded that Bill No. 020762 be amended. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the amendment has been approved. The Clerk will please read the title of Bill No. 020814.
An ordinance authorizing to Commissioner of Public Property on behalf of the City of Philadelphia to grant to each of the respective owners of 901, 903, and 905 Jennifer Terrace an easement across a portion of a certain parcel of land known as 8582 Bloomfield Avenue. 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE
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.
Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The Clerk will please read the title of Bill No. 030007.
An Ordinance authorizing transfers in appropriation for Fiscal Year 2003 from the General Fund certain or all City offices, departments, boards and commissions, and from the Grants Revenue Fund, Director of Finance provision for other grants and from the Community Development Fund, the Director of Finance Community Development 2/27/03 - STATED - 2ND READING AND FINAL PASSAGE Block Grant to be allocated to the General Fund, certain or all City offices, departments, boards, and commissions.
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.
Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. That concludes the Calendar. Are there any speeches on the part of the minority? The Chair recognizes Councilman O'Neill.
Thank you, Madam President. I'd like to talk briefly on two issues and the aftermath that I don't think have been discussed very much and I think deserve the attention of this Council and government. One is there are at least three ladies whose average age is about 85, homeowners that live on Byberry Road and Verree Road, two very main thoroughfares with very little parking or space for parking, who either shoveled or had people shovel their sidewalks in a very good time after the snowfall. And then when plows came by, I believe by private operators, really doing that extra measure of getting all of the snow out of the parking lane when no one parks, piled the snow back on their sidewalk. These people had been hit with $25 fines under what is, if handled properly a pretty good program under NTI, the Neighborhood Service Unit of the Police Department where neighbors snitch on other neighbors central office who haven't shoveled their sidewalks, and it works very effectively. I don't mind that. If somebody doesn't shovel their sidewalk and it's five days after the snowstorm, they should get fined. But common sense, first of all, tells us that if the snow is deeper on the during the snowstorm that maybe we should knock on the door or contact someone in the City to contact that company that did the snow removal and not hit people in their 80s, who were doing everything right, with citations, basically tickets, $25 fines, that they would have to come downtown to fight. And once they're aye in, there's no pulling them back. It's got to be done at the administrative hearing, it's got to be handled there. So first you need a little sensitivity training on people being sent from American Street with different districts around the City to say if it's clearly not the homeowners fault. You can tell after five days whether it's some sidewalk that wasn't shoveled or whether it's the other case I mentioned where it's been piled back on. And there should be a fine in all of these contracts with the private contractors that if their operators of that equipment are going to pile back on sidewalks, whether it's a City-owned sidewalk in front of a City property or a private property, that they get fined and get fined a lot more than $25 for doing it and have to come in with smaller equipment and take care of it. And I don't think that exists in not sure other than large big snowstorms like we had last week and get every years few years that this whole thing applies. But when it applies, it is a big deal and we should be on top of it, not talking about just how many side streets we got covered when we've got injustices like this going on both on the private sector side getting away with it and on the City side hammering elderly people with fines who can't keep going out and getting sidewalk shoveled that came from the street. The second part of that is, this Neighborhood Services Unit that we all can call, most of the sidewalks in the City that were not done within a few days, many of which still have not been do to this day are government-owned sidewalks. There are miles of those sidewalks in the City that people have been shloshing through, falling down on, because no one takes any responsibility for them. Port Richmond Library, right around the corner from my brother's house, grew up there. It's a city block. One end of the block is the library. Well, all around the library, it's shoveled. The rest of it is the park, two-thirds of the block. Those somebody else's responsibility, but it's the City's. Thomas Home School on Academy Road and Willis, right off I-95, where the school is on about a quarter of the block, it's all shoveled.
The other three quarters of the block is a playground that is effectively shut down with all that snow on it, the outdoor part of the playground, snow is as high as you can imagine. That goes on and on. Vine Street, people are coming off that Vine Street subway stop to go to either work or have business at the courthouse or the library, they have blocks that never get shoveled. The crossovers over Vine Street, don't they belong to anybody? When you call, who gets fined when they're not done? Because they never get done. And that goes on -- it's not all City property. Some of it must me State property or Conrail or Amtrak or somebody. But if we were as good with mapping out these sidewalks where the kids have to walk to school, where the elderly have to go and wait for buses, we'd have much more to brag about in terms of snow removal. So I would ask when we're doing our GIS and all this other technology laying out where we're we look at the human element where people have to walk and whose responsible and who gets fined when it isn't done. 5 million would be a lot higher if we were fining ourselves. Thank you.
Thank you. Are there any other speeches on the part of the minority. (No response.)
Seeing none, are there speeches on the part of the majority? The Chair recognizes Councilman DiCicco.
Thank you, Madam President. I'd like to take this time to thank my colleagues in particular for their support on the bill that the Mayor signed that will extend the 1 percent discount date to 60 days after the BRT renders its final decision on any appeals. And as you know, Council President Verna, and I'm sure the other Councilmembers know, up until yesterday we were still receiving numerous calls from people wanting to know whether or not they had to pay their tax bill by tomorrow even though they filed the appeal. So the message is clear, the Mayor signed folks out there who have filed an appeal, it is not necessary for them to pay their tax until they've exhausted their appeals and get a final bill from the BRT. I would also like to thank the Department of Revenue as well as the Mayor's Office for cooperating with me to get this legislation which we think is very important and is a fair bill for all the citizens in this City. The other thing I'd like to announce is that for those of you who are thinking of attending tomorrow the ground-breaking for the Jefferson Square Housing Development in my district in South Philadelphia, because of the impending snowstorm, we have decided to cancel that to a further date. We're not certain as to what the date is yet. But we will advise you in the next few days as to that new date. So thank you.
Thank you, Madam President. Three brief items. First, the Daily News is still advertising predatory loan business. I hope one day make a good announcement saying they've discontinued, but they have not yet. And I think it's shameful that they haven't. I also want them to know that publishing letters suggesting I retire will in no way intimidate me from continuing to raise this issue. Second, Judith Rodin, the President of the University of Pennsylvania was quoted yesterday in a way that makes everybody understand that she is, in fact, the head of the largest private employer both in the City and in the State, but she spoke not as a head, really, of an educational institution because she went way back into the Middle Ages to justify an argument as to why people should not join unions. The graduate students at the University of Pennsylvania are waging with the support of this City Council an heroic battle. The election was yesterday and today to determine whether or not they have a right to be treated in a dignified way and have their complaints treated in a justified way and get a contract which guarantees them certain rights. Judith Rodin spoke as if she were the head of Enron or the head of General Motors or some major corporation. She forgot that as a university in the area she has a public responsibility and she ought to be in the forefront of respecting the rights of working people to organize in order to get fair treatment at the bargaining table. Last item, Sam Evans, the one man in government older than I am, as least it seems as if he's in government, we celebrated his 100th birthday just a couple weeks ago in a Council Session is making special requests for financial support for AFNA, that's the great organization he's headed for many years that has resulted in the higher education of many African American lawyers and doctors and other professionals. I think as we go into the budget process, all of us ought to be giving thought to how the City of Philadelphia can better support and aid Mr. Evans in continuing his fine work. Thank you very much very, very much, everyone. (Applause.)
Thank you. Are there anymore speeches on the part of the majority? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco.
Madam President, I move that Council stand adjourned until Thursday, March 6 at 10:00 a.m. (Duly seconded.)
It has been moved and properly seconded Council stand adjourned until Thursday 6, 2003. All in favor will please say aye. (Aye.)
The ayes have it. Council will be adjourned until March the 6th. (Council adjourned at 11:22 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 February 27, 2003, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING ___________________________ Lisa C. Bradley, RPR and Notary Public