COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, October 9, 2003 10:34 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANGEL L. ORTIZ COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670
Good morning, everyone. I note that the hour has come and a quorum of this Council is present. The Council will please come to order. Members and guests will please take their seats. To give our invocation this morning, the Chair welcomes Father Joseph Brant, Pastor of St. Ann's Roman Catholic Church. He is here today as the guest of Councilman Kenney. All members and guests will please rise.
This week has brought mixed emotions to the people of our City. The joyful welcome and installation of the new Archbishop of Philadelphia, the celebration of Jewish holy days, the ongoing celebrations of the multi-ethnic and multi-cultural makeup of our City, and the tragic death of a City Fireman James Allen. With all these things in mind, let us gather our spirits for prayer. The first book of Kings tells us, "The Lord said to Solomon, 'because you have not asked for a long life for yourself nor for riches nor for the life of your enemies, but for understanding so that you may know what is right, I do as you give you a heart so wise and understanding that there has never been anyone like you up to now, and after you there will come no one to equal you. In addition, I give you what you have not asked for, such riches and glory that among kings there is not your like. And if you follow me by keeping my statutes and commandments as your father David did, I will give you a long life.'" Let us pray. Let the light of your devine wisdom direct the deliberations of this Council and shine forth in all the proceedings and laws framed for our rule and government. May they seek to preserve peace, promote the happiness of this City and continue to bring us the blessings of equality and freedom. Amen.
The Chair thanks Father for his very inspiring invocation. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of October 2, 2003. And the Chair recognizes Councilwoman Blackwell.
Thank you, I move that the Journal of the meeting of Thursday, October 2, 2003, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, October 2, 2003, stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it. The motion carries, and the Journal of the meeting of Thursday, October 2, 2003, is approved. The next order of business is request for leave of absence. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. On behalf of the Majority, there are no requests for leaves of absence.
The Chair Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, the Majority Leader and Majority Whip are both present.
The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Council Chambers this morning. On behalf of all Members of City 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 next order of business is communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the Clerk. The Clerk will please read the messages from the Mayor. THE
Madam President, I have no messages this morning. & RESOLUTOINS
Thank you. Does the Clerk have any other communications in her possession? THE
Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit 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 say aye. (Aye.)
The ayes have & RESOLUTOINS it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today, I offer two bills.
The Clerk will please read the title of the first bill. THE
An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 43, 166, 265, and 269 of an area bounded by the University Avenue Extension.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing transfers in appropriations for Fiscal Year 2004 within the General Fund from the City Representative, the Director of Commerce-Economic Stimulus-City Subsidy for SEPTA to the Director of Finance. & RESOLUTOINS
This bill will also be referred to the appropriate committee. The Chair recognizes Councilman Cohen.
Thank you. The Chair recognizes Councilwoman Krajewski.
The 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 deeds located in the 19th Ward of the City of Philadelphia.
I move for the & RESOLUTOINS 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 Councilwoman Tasco.
Madam President, I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Miller.
The 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 & RESOLUTOINS deeds located in 12th Ward of the City of Philadelphia.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Nutter.
I have no bills or resolutions today, Madam President.
Thank you, Madam President. I offer no bills or resolutions this morning. & RESOLUTOINS
The Chair thanks the Councilwoman. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
The Clerk will please read the title of the resolution. THE
A resolution authorizing the Council Committee on Commerce and Economic Development to conduct a full and comprehensive investigation into the level of participation in City contracts of businesses which are classified by the Philadelphia Code as Disadvantaged Business Enterprises.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been & RESOLUTOINS moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution will be referred to the Committee on Commerce and Economic Development. The Chair recognizes Councilman DiCicco.
Thank you, Madam President. I offer two bills and four resolutions. One resolution is on behalf of myself and you.
Thank you. The Clerk will please read the title of the first bill. THE
An ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by amending Section 14-1621, entitled "Passyunk Avenue Special Districts Controls."
The bill will be referred to the appropriate committee. THE
And an ordinance amending Title 14 of the Philadelphia Code, entitled & RESOLUTOINS "Zoning and Planning," by amending Section 14-1604, entitled "Outdoor Advertizing and Non-Accessory Advertizing Controls."
This bill will be referred to the appropriate committee. THE
And an ordinance authorizing the installation of all-way stop signs at the intersection of Sixth Street and Locust Street.
The bill will be referred to the appropriate committee. The Clerk will please read the title of the first resolution. THE
A resolution designating the week of Monday, October 6, 2003 through Monday, October 13, 2003 as Christopher Columbus Week in celebration of the festivals commemorating Columbus historic voyage to the New World.
Thank you, Madam President. I move for the adoption of the resolution. & RESOLUTOINS (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 2nd Ward of the City of Philadelphia.
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 say aye. & RESOLUTOINS (Aye.)
The ayes have it, and the resolution has been adopted. THE
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 5th Ward of the City of Philadelphia.
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 say aye. (Aye.)
The ayes have & RESOLUTOINS it, and the resolution has been adopted. The Chair recognizes Councilman O'Neill.
Madam President, I offer one bill cosponsored by all Councilmembers.
The Clerk will please read the title of the bill. THE
An ordinance amending Title 13 of the Philadelphia Code, entitled "Water and Sewer," by adding certain standards for Water Department rates and charging by requiring the collection of rates to fund the system of City payment or consumer credits for cost of work performed to maintain certain water and sewer connections, under certain terms and conditions.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Clarke.
Thank you. The Clerk will please read the title of the first bill. THE
An ordinance authorizing the revision of lines and grades on a No. 119 by striking from the City Plan and vacating Delhi Street from 10th Street to Montgomery Avenue.
The bill will be referred to the appropriate committee. THE
And an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia without consideration deeds located in the Plan of Properties made for te Redevelopment Authority of the City of Philadelphia by Vincent J. Nero, of the Third District, dated April 26, 1965, under certain terms and conditions.
This bill will be referred to the appropriate committee. THE
And an ordinance creating the Boyd Theater Tax Increment Financing District, being the area generally bounded by Chestnut Street on the north, 19th Street on the east, 20th Street on the west, and Samson Street on the south.
The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman from the Committee of the Whole.
Thank you, Madam President. Let me also note that the transfer bill offered this morning is cosponsored by Councilman Goode. THE
The Clerk will also note that please, and the record will reflect it.
Thank you. The Committee of the Whole reports out 1 bill and 12 resolutions with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the Committee of the Whole to which was referred Bill No. 030641, entitled an ordinance amending Chapter 2300 of the Philadelphia Code, entitled "Compensation," by increasing the salaries of elected City officials and amending the provisions for annual cost of living salary adjustments; And Resolution No. 030510, entitled a resolution appointing Julia Zagar to the Board of Street/Headhouse District of Philadelphia; And Resolution NO. 030511, entitled a resolution appointing Al Geary to the Board of Directors of the South Street/Headhouse District of Philadelphia; And Resolution No. 030512, entitled a resolution appointing John Finley to the Board of Directors of the South Street/Headhouse District of Philadelphia; And Resolution No. 030513, a resolution appointing Abner Silver to the Board of Directors of the South Street/Headhouse District of Philadelphia; And Resolution No. 030514, a resolution appointing George Georgiou to the Board of Directors of the South Street/Headhouse District of Philadelphia; And Resolution NO. 030515, a resolution appointing Denise Cavalieri Fike to the Board of Directors of the South Street/Headhouse District of Philadelphia; And Resolution No. 030516, a resolution appointing Wendy Verna to the Board of Directors of the South Street/Headhouse District of Philadelphia; 030517, a resolution appointing Judy Buchsbaum to the Board of Directors of the South Street/Headhouse District of Philadelphia; And Resolution No. 030518, a resolution appointing Raymond Kauffman to the Board of Directors of the South Street/Headhouse District of Philadelphia; And Resolution No. 030519, a resolution appointing John Foy to the Board of Directors of the South Street/Headhouse District of Philadelphia; And Resolution No. 030520, a resolution appointing Rich Frank to the Board of Directors of the South Street/Headhouse District of Philadelphia; And Resolution No. 030634, nominating Philadelphia residents for appointment by the Mayor to the Police Advisory Commission; Respectfully reports it has considered the same and returns the attached bill and resolutions to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Rules of Council to suspended so as to permit first reading this day of Bill No. 030641. (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 Bill No. 030641. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and Bill No. 030641 will be placed on today's First Reading Calendar. The 12 resolutions read by the Clerk will be placed at the end of today's Calendar. At this time, the Chair recognizes Councilwoman Blackwell for a report from the Committee on Finance.
Thank you, Madam President. The Committee on Finance reports a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the Committee on Finance to which was referred Bill No. 030611, entitled an ordinance amending Bill No. 030003, approved June 5, 2003, entitled, an ordinance to adopt a Fiscal 2004 Capital Budget by providing for certain terms and conditions relating to the 2004 Capital Budget; respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit first reading this day of Bill No. 030611. (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 Bill No. 030611. signify by saying aye. (Aye.)
The ayes have it, and Bill No. 030611 will be placed on today's First Reading Calendar. The Chair recognizes Councilman Mariano for a report from the Committee on Licenses and Inspections.
Thank you, Madam President. The Committee on Licences and Inspections reports one bill with a favorable recommendation.
The Chief Clerk will please read the report. THE
To the President and Members of the Council of the City of Philadelphia, the Committee on Licenses and Inspections to which was referred Bill No. 030557, entitled an ordinance amending Title 9 of the Philadelphia Code, "Regulation of the Businesses, Trades and Professions," by amending Section 9-605 "Towing," to establish specific limits to the amounts that may be parked vehicles from parking lots, private property, and driveways and to make certain 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, Madam President. I move that the Rules of Council be suspended so as to permit first reading this day of Bill No. 030557. (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 Bill No. 030557. All in favor will signify by saying aye. (Aye.)
The ayes have it, and Bill No. 030557 will be placed on today's this time the Chair recognizes Councilman Nutter for a report from the Committee on Commerce and Economic Development.
Thank you, Madam President. The Committee on Commerce and Economic Development reports one bill with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the Committee on Commerce and Economic Development to which was referred Bill No. 030561, entitled an ordinance amending Chapter 19-2600 of the Philadelphia Code, entitled "Business Privilege Taxes," by making permanent and expanding the pilot program under which a credit against business privilege taxes is given to certain businesses that contribute monies to community development Corporations undertaking economic development activities within the City of Philadelphia, all under certain terms and conditions; respectfully reports it has considered the same and returns the with a favorable recommendation.
Thank you, Madam President. I move that the Rules of Council be suspended so as to permit first reading this day of Bill No. 030561. (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 Bill No. 030561. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and Bill No. 030561 will be placed on today's First Reading Calendar. That concludes Committee reports. Our next item of business is the consideration of the Calendar. will please read the bills on the First Reading Calendar. THE
Bill No. 030641, an ordinance amending Chapter 2300 of the Philadelphia Code, entitled "Compensation," by increasing the salaries of elected City officials and amending the provisions for annual cost of living salary adjustments, all under certain terms and conditions.
And Bill No. 030611, an ordinance amending Bill No. 030003, entitled an ordinance to adopt a Fiscal 2004 Capital Budget by providing for certain terms and conditions relating to the 2004 Capital Budget.
The Chair agrees. 10/09/03 - STATED - 2ND READING & FINAL PASSAGE THE
And Bill No. 030557, an ordinance amending Title 9 of the Philadelphia Code, by a sending Section 9-605, "Towing," to establish specific limits to the amounts that may be charged for towing illegally parked vehicles from parking lots.
And Bill No. 030561, an ordinance amending Chapter 19-2600 of the Philadelphia Code, entitled "Business Privilege Taxes," by making permanent and expanding the pilot program under which a credit against business privilege taxes is given to certain businesses that contribute monies to community development Corporations within the City of Philadelphia.
The Chair agrees. 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 the bills on the First Reading Calendar. The Chair now recognizes Councilwoman 10/09/03 - STATED - 2ND READING & FINAL PASSAGE Blackwell for the purpose of calling up bills to be considered on the Second Reading and Final Passage Calendar.
Thank you, Madam President. Today, Bill Nos. 030422, 030426, 030485, 030486, and 030556 are being called up for second reading and final passage. All other bills are being held.
The Chair thanks the Councilwoman. The Clerk will please read the title of the first bill, Bill No. 030422. THE
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 of taxes paid and directing the Revenue Department to prepare forms for use by eligible taxpayers seeking such refunds, all under certain terms and conditions.
Thank you, Madam 10/09/03 - STATED - 2ND READING & FINAL PASSAGE President. Madam President, this is a very significant and important matter of which there's been a fair amount of discussion. And I've had an opportunity to talk with Councilman Cohen, the sponsor of this bill, and I am a cosponsor. I would, though, at this time, Madam President, seek to ask our colleague Councilman Cohen if he would consider holding this bill for further discussion, given the magnitude of the legislation.
Thank you, Madam President. For a hard-headed person, this is a relatively difficult request. It's often hard to know when a matter belongs on a Calendar of a legislative body close to an election. There are many different opinions, many different considerations. I know there's been a lot of concern expressed by many colleagues as to the timing of this request. This is the kind of bill that's always hard. The timing is never right for this kind of bill. And I'm not usually the kind of person who agrees to these requests because of that thought that perhaps later on there will be another 10/09/03 - STATED - 2ND READING & FINAL PASSAGE reason for a request. But I do recognize that it's a very urgent matter. It's a very important matter. It deals with justice and fairness. And out of respect to my colleagues, I am going to agree to withdraw the bill from consideration at this point. But I urge my colleagues to give strong consideration because this issue won't die until fairness really enters the system and the targeted wage tax cuts that this bill indicates become law. Under these circumstances, I'm going to defer to my colleagues and to their view of the timing and I'm going agree with Councilman Nutter. And therefore, Madam President, I'm agreeing to the withdrawal of the bill from the Calendar at this time.
I do want to mention my support publically, my support for the tremendous work done by colleagues and to Keystone Research for the great support they gave and will continue to give. I think this is an issue that has to remain on the Calendar until ultimately decided upon. 10/09/03 - STATED - 2ND READING & FINAL PASSAGE Thank you very much.
Councilman Cohen, thank you very much. And again, I reaffirm my support for your legislation and the issue of fairness with regard to low and moderate income taxpayers and the fact they do not, under a certain level, pay State income tax, but we have a totally conflicting situation where they would, in fact, be paying the City Wage Tax. But I do appreciate your accommodation and your sensitivity and your leadership on this particular issue. Thank you.
Thank you. Councilman Ortiz, you want to be recognized?
Madam Chair, a point of clarification. Councilman Cohen, I don't think you meant withdraw; I think you meant you're holding the bill, you're not withdrawing the bill.
I think we understand it, but if the record shows withdraw, it is the 10/09/03 - STATED - 2ND READING & FINAL PASSAGE record and it will be withdrawn. So we've got to make that clarification.
Merely being withdrawn from the Calendar for this meeting today.
Thank you. The Clerk will please read the title of Bill No. 030426. THE
An ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to execute and deliver to the Redevelopment Authority of the City of Philadelphia a deed located at the northwest corner of Third and Fairmount Streets, all under certain terms and conditions.
This bill having been read on two different days, the question now remains, shall the bill pass finally? The Clerk will please call the roll. THE
Councilwoman Blackwell. 10/09/03 - STATED - 2ND READING & FINAL PASSAGE
Aye. 10/09/03 - STATED - 2ND READING & FINAL PASSAGE THE