COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, January 22, 2004 10:20 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS 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 that a quorum of this Council is present. Council will please come to order. Members will please take their seats. To give our invocation this morning, the Chair welcomes the Reverend Julius W.G. Jackson of St. Mary's Episcopal Church. He is here today at my invitation. I would ask all members and guests to please rise.
Let us pray. Oh, God, the creator and preserver on all that is good and lovely. Look upon your children gathered here today at the opening of this Council. Give them wise and discerning hearts to do for Philadelphia and all who live in this City your grace and your glory. Be also present with the Mayor of this City, Council President Verna, and all the Members of the Council. Give them also the knowledge and wisdom to lead with great humility and love. Grant them also that as they are lead in your labor and love, they will do greater things in your will. Also not to be overwhelmed by what they cannot do, but be overwhelmed by your love which you give for us by dying on Calvary. All this we ask through the name of your son and savior Jesus Christ and the power of the Holy Spirit. Amen.
The Chair thanks Father Jackson for his very inspiring invocation. Council will be at ease. (Council at ease.)
To commemorate the special occasion of our returning to go our Council Sessions, I would like to welcome world renown saxophonist Mr. Bayard Lancaster. Mr. Lancaster has played all over the world and for Presidents Bill Clinton and George Bush. He will now perform our National Anthem. And I would request everyone to please rise. (National Anthem.)
Thank you so much for sharing your talent with us this morning. business the approval of the Journal of the Meeting of Monday, January 5, 2004. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the Meeting of Monday, January 5, 2004, stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the Meeting of Monday, January 5, 2004 stand approved. All in favor will please indicate by saying aye. (Aye.)
The ayes have it. The motion carries, and the Journal of the Meeting of Monday, January 5, 2004, is approved. order of business is request for leave of absence. And the Chair again recognizes Councilwoman Blackwell.
Thank you, Madam President. On behalf of the majority, a leave of absence is requested for Councilmember Reynolds Brown.
Thank you, Councilwoman. Leave will be granted. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the Republicans, there are no requests for leaves of absence.
The Chair thanks the gentleman. The Chair will dispense with the regular order business to recognize the guests and visitors joining us in Chambers this morning. At this time it gives me great pleasure to welcome two new Councilmembers to our legislative body. Juan Ramos and Jack (Applause.)
And to all of my colleagues, I say, welcome home. Doesn't the Chamber look absolutely beautiful. (Applause.)
I do think that we do owe a special thanks to the crafts people and Public Property for the work that they did in restoring our magnificent Chambers. To the public who have been so faithful in attendance while we were in temporary Chambers, know that we appreciate your taking the time to join us as we attend to the legislative affairs of our City. And we certainly always 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 Chief Clerk. 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 you pleased to advise you that on December 21, 2003, I signed all of the bills that were passed by Council at its Session on December 11, 2003, except 030730. And I am also pleased to advise you that I signed all of the bills that were passed by Council at its Session on December 18, 2003, except 030769.
Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in her possession. THE
Thank you. The next order of business is the introduction of bills and resolutions. And 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 please indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer one bill and one resolution cosponsored by Councilwoman Miller.
Thank you. The Clerk will please read the title of the bill. THE
An ordinance amending Chapter 20-600 of the Philadelphia Code, entitled "Standards of Conduct and Ethics," to limit the receipt of contributions by elected City officers or candidates for City offices from individuals or businesses who are applicants for or recipients of City contracts or financial assistance if they have made political contributions within a certain time frame to elect City officers or candidates for City offices.
The bill will be referred to the appropriate committee. The Clerk will please read the title of the resolution. THE
A resolution authorizing the City Council's Committee on Legislative Oversight and Committee on Public Safety to hold joint hearings to investigate the alarming high number of incidents in which our school children are struck by vehicles on their way to and from school.
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 resolution will be referred to the joint Committees of Legislative Oversight and Public Safety. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today, I introduce four bills, one resolution on your behalf and one on my own.
Thank you. The Clerk will please read the title of the first bill. THE
An ordinance amending Title 14 of the Philadelphia Code, Zoning and Planning, by amending Chapter 14-2007, (Historic, Buildings, Structures, Sites, Objects and Districts) to require Historical Commission may recommendations to City Council and the Mayor regarding the designation of certain districts of the City as historic.
The bill will be referred to the appropriate committee. THE
And an ordinance creating the Mill Creek Tax Increment Financing District.
This bill will also be referred to the appropriate committee. THE
And an ordinance directing the Commissioner of Public Property to rely upon the recommendations of the Recreation Department's Mural Arts Program to operate the City's Art in City Hall Program, under certain terms and conditions.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Title 9 of The Philadelphia Code by amending Section 9-205 by prohibiting vending on certain portions of Chester Avenue, Kingsessing Avenue, 53rd Street and 54th Street.
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 of the City deeds located in the 6th and 27th Wards 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 signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Clerk will please read the title of the second resolution. THE
A resolution authorizing the Commission of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 40th 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 say aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognize Councilman Cohen.
The Clerk will please read the title of the resolution. THE
A resolution honoring the Pennsylvania Association of Student Financial Aid Administrators and proclaiming January 2004 Financial Aid Awareness Month in the City of Philadelphia.
Thank you, Madam President. I move the adoption of the resolution. (Duly seconded.)
Councilman Nutter, did you want to be recognized? Your light is on.
That's okay. I'm sorry, sir, do you mind making your motion again?
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 say aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Chair recognizes Councilwoman Krajewski.
Thank you. The Clerk will please read the title of the bill. THE
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Tacony street, Barnett street, Levick Street, the Delaware River, Cottman Avenue and New State Road.
The bill will be referred to the appropriate committee. The Chair recognizes Councilman Mariano.
Madam President, I have two resolutions, one privileged which I ask after it's read we take a moment of silence, and one RDA one.
Thank you. The Clerk will please read the title of the first resolution. THE
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 7th, 18th, 19th and 33rd Wards of the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Clerk will please read the title of the second resolution. THE
Madam President, I move for the adoption. I ask that we stand for a moment of silence for Mr. McGraw. (Moment of silence)
The resolution has been adopted. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I offer one resolution, Madam President, that should be referred to a Committee, which is noted at the end of the resolution; and then one resolution on behalf of you.
Thank you. The Clerk will please read the title of the first resolution. THE
A resolution designating February as American Heart Month in the City of Philadelphia.
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 resolution is adopted. The Clerk will please read the title of the second resolution. THE
A resolution calling on the Pennsylvania Attorney General, the Secretary of Banking, and the General Assembly to carefully scrutinize the conduct of tax preparers in connection with refund anticipation loans and to take appropriate action to ensure that these business practices are consistent with state law.
This resolution was passed at our December 18th meeting, and we reintroduced it this time and we thank all those who have signed on to it. We're also asking that public hearings be held by the Public Health and Human Services Committee. Move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I offer one bill and three resolutions, one resolution cosponsored by Councilman Clarke, Councilman Mariano and Councilwoman Blackwell.
Thank you. The Clerk will please read the title of the bill. THE
An ordinance establishing a neighborhood improvement district in an area that generally includes both sides of Germantown Avenue from 7640 to 8705, both sides of Bethlehem Pike from 10 to 104 and certain blocks of streets that intersect the portion of Germantown Avenue to be known as the Chestnut Hill Business Improvement District.
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 11th, 12th, 13th and 49th Wards of the City of Philadelphia.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the resolution is adopted. The Clerk will please read the title of the second resolution. THE
A resolution honoring and recognize Men United For a Better Philadelphia on the occasion of its 2nd anniversary and for making December 2003 as the Month of Peace.
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 Clerk will please read the third resolution. THE
A resolution initiating action to establish a neighborhood improvement district in an area that generally includes both sides of Germantown Avenue from 7640 to 8705 to be known as the Chestnut Hill Business Improvement District.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Nutter.
Thank you, Madam President. Madam President, I offer 14 bills and 2 resolutions; the 2 resolutions I wish to be heard on. The bills, many of which are cosponsored by Councilman Goode and I, are offered on behalf of the citizens and taxpayers of Philadelphia and the Tax Reform Commission.
Thank you. The Clerk will please read the titles of the bills. THE
An ordinance amending Chapter 19-1500 of The Philadelphia Code, entitled "Wage and Net Profits Tax," decreasing the rates of the tax by making technical amendments changing the effective dates for rate changes and repealing certain provisions, all under certain terms and conditions.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Section 19-2604 of The Philadelphia Code relating to tax rates, credits and alternative tax computation for business privilege tax, by reducing certain tax rates, all under certain terms and conditions.
This bill will be referred to the appropriate committee. THE
And an ordinance amending Title 2 of the Philadelphia Code entitled "City-County Consolidation," by removing the authority of the Board of Revision of Taxes to hear appeals and reassigning that authority with the power, functions and duties of hearing and deciding appeals from the Board of Revision of Taxes.
The bill will be referred to the appropriate committee. THE
And 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.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Chapter 19-1300 of The Philadelphia Code, entitled "Real Estate Taxes," by specifying a rate for tax year 2004, specifying the rates thereafter be dependent on the total taxable assessed values certified by the Board of Revision of Taxes.
This bill will be referred to the appropriate committee. THE
And an ordinance amending Chapter 19-2600 of The Philadelphia Code entitled "Business Privilege Taxes," by providing a minimum number of estimated tax payments in the last six months of the City's fiscal year and authorizing additional estimated payments in the first six months of the subsequent fiscal year.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Chapter 19-1300 of The Philadelphia Code, entitled Real Estate Taxes, to mandate a phase-in of equal percentages of the Target Tax Billings to be imposed upon lands and buildings for real estate tax purposes.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled "Business Privilege Taxes" by amending the definition of "Net Operating Loss" with respect to carryforward period for net operating losses.
The bill will be referred to the appropriate committee. THE
And an ordinance amending 19-1302 of the Philadelphia Code, entitled "Installation Payments" to provide for the Department of Revenue to accept payment of real estate taxes in four equal payments, all under certain terms and conditions.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Chapter 19-1300 of The Philadelphia Code, entitled "Real Estate Taxes," by providing discounts and penalties related to the installation payments and new fiscal year billing and to guarantee that payments are applied to current year tax first to avoid accumulation of additions and penalties.
This bill will be referred to the appropriate committee. THE
And 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 bill will be referred to the appropriate committee. THE
And 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, under certain terms and conditions.
The bill will be referred to the appropriate committee. THE
And an ordinance repealing Chapter 19-2500 of The Philadelphia Code, entitled "Real Estate Non-Utilization Tax," effective January 2005, all under certain terms and conditions.
This bill will also be referred to the appropriate committee. THE
And an ordinance amending Chapter 19-1300 of The Philadelphia Code related to "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 or unless Council otherwise approves such change by ordinance, all under certain terms and conditions.
The bill will be referred to the appropriate committee. The Clerk will please read the title of the first resolution. THE
A resolution authorizing the Committee Commerce and Economic Development to hold hearings to investigate the proposed closure of the Medical College of Pennsylvania by Tenet Healthcare Corporation and the devastating impact that such a closure would have on the patients and employees of MCP, the East Falls community and City of Philadelphia; and further authorizing the Committee to furtherance such investigation to issue subpoenas as may be necessary to compel the attendance of witnesses and the production of documents to the full extent authorized under Section 2-401 of the Home Rule Charter.
Thank you, Madam President. I wish to move the adoption of the resolution and I also wish to speak very briefly on the resolution. (Duly seconded.)
Thank you, Madam President. Madam President, this resolution is a reintroduction of a resolution that was introduced and approved by this Council at our last Session last year on December 18, 2003. I wish to say very briefly, one, I appreciate this body's support of that previous resolution, and I would also say that notwithstanding my passion on that particular day and a sense of calm that I may have today, there is no difference between my feelings on December 18th and today with regard to the proposed closure of MCP. But I do thank the Council for its support and also wish to thank Councilman Goode who is Chair of the commerce and Economic Development Committee who is supporting the resolution as well as helping us coordinate the public hearings that we propose to have by these resolutions. We anticipate those hearings to be next Thursday at 1 o'clock in the afternoon. I wish to thank the Councilman for his tremendous support and assistance in making that happen. The state legislature, Philadelphia Delegation also anticipates participating in these hearings, State Senator Vincent Hughes, Representative Jewell Williams, Representative Kathy Manderino, and many others are very supportive of our efforts to get to the bottom of what's going on with MCP, with Tenet, it's agreement with the City, and whether there are any material or factual violations of that particular agreement. Healthcare is a very important issue in Philadelphia and certainly in the East Falls community, and so I ask my colleagues for their continued support in this effort, and move the adoption of the resolution. (Duly seconded.)
Thank you it has been moved and seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the resolution will be referred to the Committee on Commerce and Economic Development. The Clerk will please read the title of the second resolution. THE
A resolution commemorating the work of the Philadelphia Tax Reform Commission.
Thank you, Madam President. I move the adoption of the resolution, and I also wish to speak even briefer than I did before. (Duly seconded.)
Thank you, Madam President. Madam President, as is our general practice, I will not speak with regard to the bills that were introduced earlier. There were 14 bills, 13 of which represent the work of the Tax Reform Commission. And while many of us have, I think, appropriate concerns and questions about the actual details of the work of the Tax Reform Commission, one, I believe that they have done their job and they have done it well and should be recognized for their effort; two, the introduction of those bills hopefully will ensure that there are good public hearings and a great public discussion about the issues. But when all the discussion is over, I think we do have to take action to reform the tax structure of Philadelphia. I know that there is a lot of debate and discussion about "the package" and that all of the bills should be considered as a package. They've certainly been introduced that way, but as we go through our process in working with the Administration and Mayor Street, I'm not sure what we will finally do at the end of the process. But there should be a full engaged public hearing about all of these matters and on behalf of the citizens of the City. So, hopefully, the process has started with the introduction of these bills. I'm not sure at the end of the day where any of us, including myself will be on each and every proposal, but I look forward to the discussion. And, again, on behalf of the citizens, I think it's the right thing to do. The Tax Reform Commission was supported overwhelmingly by the citizens of Philadelphia. I think they met their charge and exceeded it. They've given us the framework for reforming taxes in Philadelphia, and that debate should start today. Thank you, Madam President. And I ask for support for this resolution.
Thank you. 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 Goode.
Thank you, Madam President. I offer one bill and one resolution. The bill is co-introduced by Councilman Nutter. The resolution is to be referred to Committee, but I believe it requires a vote.
Thank you. The Clerk will please read the title of the bill. THE
An ordinance amending Section 19-2604 of The Philadelphia Code relating to tax rates, credits and alternate tax computation for the business privilege tax by reducing certain tax rates, all under certain terms and conditions.
The bill will be referred to the appropriate committee. THE
And a resolution authorizing the Committee on Commerce and Economic Development to hold hearings to review annual community reinvestment goals submitted by City depository and the role of the City depository banks in leverage private investment from the proposed 500 million Economic Development Capital Fund, and further authorizing the Committee to issue subpoenas to compel the attendance of witnesses and the production of documents and other evidence.
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 say aye. (Aye.)
The ayes have it, and the resolution is adopted. The resolution will be referred to the Committee on Commerce and Economic Development. At this time, the Chair recognizes Councilman Ramos.
Thank you. The Clerk will please read the title of the resolution. THE
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 signify by saying aye. (Aye.)
The ayes have it, and the resolution has been adopted. The Chair recognizes Councilman DiCicco.
Thank you, Madam President. I offer five bills and one resolution.
Thank you. The Clerk will please read the title of the first bill. THE
An ordinance amending Section 14-1200 of The Philadelphia Code, entitled "Pending Public Acquisition District," by designating a Pending Public Acquisition District in the area bounded by the east North 13th Street, on the north by Race Street, on the west by North Broad Street and on the south by Arch Street.
The bill will be referred to the appropriate committee. THE
And an ordinance granting permission to Nahal Desai and Raju Desai, owners of the newsstand at the corner of 13th and Market Streets, to construct, use and maintain an electrical conduit with an electrical service line and a telecommunication conduit with a telephone service line.
The bill will be referred to the appropriate committee. THE
And an ordinance amending Section 1(a) and (c) of an ordinance (Bill No. 030344) approved July 31, 2003, entitled an ordinance granting permission to Ride the Ducks International, to remove an existing wood and metal newsstand located on the west sidewalk of Independence Mall West.
This bill will be referred to the appropriate committee. THE
And an ordinance granting permission to Robert Bitros, owner of the property 931-933 North Second Street, to operate and maintain an open air sidewalk cafe on the east sidewalk of North Second Street, under certain terms and conditions.
The bill will be referred to the appropriate committee. THE
And an ordinance granting permission to 900 South Front Street, owner of the property 900 South Front Street, to operate and maintain an open air sidewalk cafe on the southwest corner of Front and Christian Streets, under certain terms and conditions.
The bill will also be referred to the appropriate committee. I would ask the Clerk to please read the title of the resolution. THE