COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING - BUDGET ADDRESS Room 400, City Hall Philadelphia, Pennsylvania Thursday, February 14, 2008 10:00 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO 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
May I have your attention, please. Thank you. I note that the hour has come and that a quorum of this Council is present. The Council will come to order. Members will take their seats and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Reverend Jeffrey Jordan from the Metropolitan Community Church. He is here today as the guest of Councilman DiCicco. I ask all members and guests to please rise. (Members and guests rise.)
Madam President, members of the Council, yesterday I had the opportunity to demonstrate outside of the Jamaican Embassy, and someone asked me why am I this, and I said because this is what God would have me to do and it's the right thing to do. Amos 5:24 says let justice roll on like a river, righteousness like a never-failing stream. Dear God of power and might, wisdom and justice, through you authority is rightly administered, laws are enacted and judgment is decreed. Today we pray that you will assist, with your spirit of counsel and fortitude, the members of this Council and other government leaders of this great city. We pray that they may always seek the ways of righteousness, justice and mercy. Help them in every situation to know and to do the things that are right and just, with soundness of judgment in making vital decisions. Help them to think clearly, and give them wisdom in every decision that they must make. Grant them discernment and be strong and effective leaders. As they do the difficult job of leading this city, we pray that the barriers of fear, suspicion and hatred may fall. Help them to lead and govern with integrity and that their integrity guides them and keeps them on track. We pray that they may be strong and courageous. Encourage and strengthen them. Give them wisdom that they need. Be their defender and their protector, and keep them always on guard. We pray that you not only defend and protect this Council, but that you will shield their families and loved ones from all evil and violence. And, God, we pray that you may bless this great city. We pray that it may indeed be a city of brotherly love. We pray that you bind out the spirits of violence, worthlessness and poverty, and release spirits of hope, love, peace and determination. now, oh, God, may your spirit rest, rule and abide over this Council and this Council meeting. This we pray in the name which is known by many names. Amen. (Amen.)
The Chair thanks Reverend Jordan 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 7, 2008, and the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that the Journal of the meeting of February 7th stand approved. (Duly seconded.)
It has been moved and properly seconded that meeting of Thursday, February 7, 2008 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the Journal is approved. The next order of business is requests for leave of absence, and, again, the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. On behalf of the majority, there are no requests for leave of absence today.
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the republicans, there are no requests for leave of absence at this time.
Thank you. The Chair will dispense 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. We appreciate your taking the time to join us as we attend to the legislative affairs of our city. We have many distinguished visitors with us today, including elected officials, heads of departments, boards and commissions, and many representatives of the Administration. Although I would like to individually acknowledge each of you, owing to the constraints of time, I am unable to do so. Please know that we deeply appreciate your being with us today. We want to extend a warm welcome. time, I would ask all of our distinguished guests, elected officials and representatives of the Administration to please stand so that we may acknowledge you with a round of applause. Please stand. (Guests, elected officials and representatives of the Administration all stand.) (Applause.)
Welcome and thank you. The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am transmitting for the consideration of your honorable body a draft of a resolution approving the redevelopment contract and disposition Authority, the City of Philadelphia, for the redevelopment and urban renewal of a portion of the Kingsessing Urban Renewal Area; and A resolution providing for the approval by the Council of the City of Philadelphia of a Revised Five-Year Financial Plan for the City of Philadelphia covering Fiscal Years 2009 through 2013; and An ordinance to adopt a Capital Program for the six Fiscal Years 2009 to 2014 inclusive; and An ordinance adopting an Operating Budget for Fiscal Year 2009; and An ordinance amending Chapter 19-1200 of The Philadelphia Code, entitled "Parking Tax," by establishing a rate of taxation on parking transactions for Fiscal Year 2009; and A resolution amending Chapter 19-1500 of The Philadelphia Code, "Wage and Net Profits Tax," by revising certain tax rates and making technical changes, all under certain terms and conditions; and An ordinance amending Chapter 19-1800 of The Philadelphia Code, entitled "School Tax Authorization," by amending Section 19-1806, entitled "Authorization of Realty Use and Occupancy Tax"; and An ordinance amending Section 19-1801 of The Philadelphia Code, entitled "Authorization of Tax," to further authorize the Board of Education of the School District of Philadelphia to impose to tax on real estate within the City of Philadelphia; and An ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax credits, rates, alternative tax computation for the business privilege tax, by reducing certain tax rates, under certain terms and conditions; and in appropriations for Fiscal Year 2008 from the General Fund to the General Fund, certain or all City offices, departments, boards and commissions; and An ordinance authorizing transfers in appropriations for Fiscal Year 2008 to the Managing Director Office of Fleet Management; and An ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the Grants Revenue Fund from the Director of Finance to the Law Department and the Board of Trustees of the Free Library of Philadelphia; and An ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the Aviation Fund Office of Fleet Management to the Managing Director - Office of Fleet Management; and An ordinance amending Subcode "A" of the Philadelphia Administrative 4 of The Philadelphia Code, entitled "The Philadelphia Building Construction and Occupancy Code," by amending the fee schedule for various construction-related activities and amending Section 14-1706 of The Philadelphia Code, entitled "Schedule of Fees"; and An ordinance amending Title 9 of The Philadelphia Code and Title 11 of The Philadelphia Code, entitled "Streets," to provide authorization to the Streets Department to adopt regulations establishing fees for issuing permits for hauling oversized and overweight vehicles; and An ordinance amending Chapter 11-600 of The Philadelphia Code, entitled "Construction, Encroachments and Projects Over, On and Under Streets," all under certain terms and conditions; and An ordinance amending Chapter 11-200 of The Philadelphia Code, entitled "Openings and Excavations in the Streets," to revise the operative period of permits to break streets and footways for the installation and repair of underground conduit; all under certain terms and conditions.
Thank you. The messages will be printed in the Journal. The Chief Clerk will please read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolutions, and at this time, the Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer one resolution and two bills.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance amending Section 17-107 of The Philadelphia Code, entitled "Contractors: Labor-Management Relationships," to change the method by which the prevailing wage and prevailing working conditions are calculated for certain occupational classifications.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 12-1117 of The Philadelphia Code, entitled "Physically Handicapped and Disabled or Severely Disabled Veteran Parking," and Section 12-2809, entitled "Civil Penalties and Costs," by expressly prohibiting certain improper uses of Disabled Parking Permits and providing for penalties, all under certain terms and conditions.
This bill will be referred to the appropriate committee.
And a resolution encouraging Major League Soccer to bring its 16th team to Philadelphia.
Thank you. The Chair recognizes Councilman Kenney.
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 Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Today I introduce two resolutions, the housing one co-sponsored by Councilwoman Quinones.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution calling on the United States Senate to pass and the President of the United States to sign into law the National Affordable Housing Trust Fund Act of 2007.
The Chair recognizes Councilwoman Blackwell for a motion on the resolution.
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.)
And a resolution commending Dr. Lawrence Caplin and the Oral Health Impact Project and recognizing the week of February 21, 2008 as Oral Health Week.
Again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. I have no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the Water Fund from the Managing Director - Office of Fleet Management to the Managing Director - Office of Fleet Management.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the Aviation Fund from the Managing Director - Office of Fleet Management to the Managing Director - Office of Fleet Management.
This bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Tasco.
Madam President, I offer 12 bills on your behalf and one resolution -- the Administration bills on your behalf, one resolution for you and one resolution for me.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance to adopt a Capital Program for the six Fiscal Years 2009 to 2014 inclusive.
The bill will be referred to the appropriate committee.
This bill will be referred to the appropriate committee.
And an ordinance adopting the Operating Budget for Fiscal Year 2009.
The bill will be referred to the appropriate committee.
And an ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," and Title 11 of The Philadelphia Code, entitled "Streets."
The bill will be referred to the appropriate committee.
And an ordinance amending Subcode "A," the Philadelphia Administrative Code, of The Philadelphia Code, entitled "The Philadelphia Building Construction and Occupancy Code," by amending the fee schedule for various construction-related activities.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 11-200 of The Philadelphia Code, entitled "Opening and Excavations in the Streets."
This bill will also be referred to the appropriate committee.
And an ordinance amending Chapter 11-600 of The Philadelphia Code, entitled "Construction, Encroachments and Projections Over, On and Under the Streets."
The bill will be referred to the appropriate committee.
And an ordinance amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternative tax computation for the business privilege tax, by reducing certain tax rates, under certain terms and conditions.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 19-1801 of The Philadelphia Code, entitled "Authorization of Tax," to further authorize the Board of Education of the School District of Philadelphia to impose a tax on real estate within the City of Philadelphia.
This bill will be referred to the appropriate committee.
And an ordinance amending Chapter 19-1800 of The Philadelphia Code, entitled "School Tax Authorization," by amending Section 19-1806, entitled "Authorization of Realty Use and Occupancy Tax."
The bill will be referred to the appropriate committee.
And an ordinance amending Section 19-1200 of The Philadelphia Code, entitled "Parking Tax."
This bill will be referred to the appropriate committee.
And an ordinance amending Chapter 19-1500 of The Philadelphia Code, entitled "Wage and Net Profits Tax."
This bill will also be referred to the appropriate committee.
And a resolution providing for the approval by the Council of the City of Philadelphia of a Revised Five-Year Financial Plan for the City of Philadelphia covering Fiscal Years 2009 through 2013.
This resolution will be referred to the appropriate committee.
And a resolution honoring Women's History Month, the 99th anniversary of International Women's Day and declaring March 8, 2008 as "International Women's Day in Philadelphia."
The Chair recognizes Councilwoman Tasco for a motion on 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 indicate by saying aye. (Aye.)
And a resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority, the City of Philadelphia, for the redevelopment and urban renewal of a portion of the Kingsessing Urban Renewal Area.
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 it and the resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President, and good morning. Today I offer one resolution co-sponsored by Councilman Greenlee.
Thank you. The Chief Clerk will please read the title.
A resolution authorizing City Council's Committee on Law and Government to hold public hearings to investigate current policies and procedures relating to real estate transfers and the problem of fraudulent real estate transfers and creating a Task Force on Fraudulent Real Estate Transfers.
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 will be referred to the appropriate committee. The Chair recognizes Councilwoman Sanchez.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance naming and designating the Department of Recreation-owned field located at 4th and York Streets as the "Eric Casiano Field."
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Green.
The Chair thanks the gentleman. The Chair recognizes Councilman Jones.
Thank you. The Chief Clerk will please read the title.
A resolution authorizing the Council Committee on Public Safety to investigate the expansion of the Philadelphia Community Court in order to reduce cost, reduce overcrowding within the prison system and empower the community.
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 will be referred to the appropriate committee. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer no bills or resolutions today.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer two bills, one bill co-sponsored by Councilman Goode and one resolution co-sponsored by Councilwoman Donna Reed Miller.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance amending Title 6 of The Philadelphia Code, entitled "Health Code," by adding a new section requiring that chain restaurants and retail food establishments make available certain nutrition information for food and beverage items offered for sale, all under certain terms and conditions.
The bill will be referred to the appropriate committee.
And an ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled "Business Privilege Taxes," by revising certain types of business privilege licenses, under certain terms and conditions.
This bill will be referred to the appropriate committee.
And a resolution authorizing the Committees on Parks, Recreation and Cultural Affairs and Public Safety to hold hearings regarding the purchase and training in the use of automated external defibrillators for recreation centers throughout the City of Philadelphia.
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 will be referred to the appropriate committee. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer two resolutions.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution urging Jamaican authorities to take immediate action to curb violence against the lesbian, gay, bisexual and transgender community and to provide appropriate police protection for all of their citizens.
The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: 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 please say aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 31st Ward of the City of Philadelphia.
Again, the Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: 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 recognizes Councilman O'Neill.
The Chair thanks the gentleman. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have one resolution and two -- actually, two resolutions, one co-sponsored by Councilwoman Brown and myself, and one ordinance co-sponsored by Councilwoman Brown and myself.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a Resolution approved by Council proposing an amendment of the Philadelphia Home Rule Charter relating to the transfer of powers and duties of the Fairmount Park Commission to the Department of Recreation, to be named the "Department of Parks and Recreation," and reconstituting the Fairmount Park Commission as the Commission on Parks and Recreation.
The bill will be referred to the appropriate committee.
And a resolution proposing an amendment to the Philadelphia Home Rule Charter relating to the transfer of powers and duties of the Fairmount Park Commission to the Department of Recreation, to be renamed the "Department of Parks and Recreation."
This resolution will be referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 15th, 16th and 32nd 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 Chair recognizes Councilman Kelly.
Thank you. The Chair recognizes Councilman Rizzo.
Madam President, no bills or resolutions today. Thank you.
Thank you. The next order of business is reports from committees, and the Chair recognizes -- oh, Councilwoman Krajewski, did you want to be recognized?
Thank you, Madam President. I'd like to add two additional bills.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the Grants Revenue Fund from the Director of Finance - Provision for other grants to the Law Department and the Board of Trustees of the Free Library of Philadelphia.
The bill will be referred to the appropriate committee.
And an ordinance authorizing transfers in appropriations for Fiscal Year 2008 from the General Fund, certain or all City offices, departments, boards and commissions from Fund, the Director of Finance - Provision for other grants to the General Fund, certain or all City offices, departments, boards and commissions.
This bill will be referred to the appropriate committee. The next order of business is reports from committees, and the Chair recognizes Councilwoman Brown for a report from the Committee on Parks, Recreation and Cultural Affairs. Councilwoman Brown.
Yes, Madam President. The Committee on Parks, Recreation and Cultural Affairs reports two bills with a favorable recommendation.
Thank you. The Chief Clerk will please read the report.
To the President Council of the City of Philadelphia, the Committee on Parks, Recreation and Cultural Affairs, to which was referred Bill No. 080078, entitled "An ordinance authorizing the President of the Fairmount Park Commission, the Executive Director of Fairmount Park and the Procurement Commissioner, on behalf of the City of Philadelphia, to enter into a Concession Agreement with Billy Casper Golf"; and Bill No. 080084, entitled "An ordinance authorizing the President of the Fairmount Park Commission, the Executive Director of Fairmount Park and the Public Property Commissioner, on behalf of the City of Philadelphia, to enter into a lease with the Philadelphia Authority for Industrial Development to lease City-owned land south of Shelmire Avenue adjacent to the campus of the Fox Chase Cancer Center, all under certain terms and provisions," respectfully reports it has considered and amended the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 080078 and 080084. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee. All in favor will say aye. (Aye.)
The ayes have it, and the bills just read our First Reading Calendar for today.
The next order of business is the consideration of the Calendar. Oh, I'm sorry. Councilman Green.
I'm sorry, Madam President. I would like to be recorded as abstaining on the previous motion. Because the law firm at which I am employed represents a party in litigation involving Fox Chase Cancer Center, I will be abstaining on all matters before Council that affect Fox Chase Cancer Center to avoid the appearance of impropriety. Thank you.
Thank you. The record will so note that. The next order of business is the consideration of the Calendar. I 2/14/08 - STATED - 1ST READING would ask the Chief Clerk to please read the bills on the First Reading Calendar.
Bill No. 080078, an ordinance authorizing the President of the Fairmount Park Commission, the Executive Director of Fairmount Park and the Procurement Commissioner, on behalf of the City of Philadelphia, to enter into a Concession Agreement with Billy Casper Golf.
And Bill No. 080084, an ordinance authorizing the President of the Fairmount Park Commission, the Executive Director of Fairmount Park and the Public Property Commissioner, on behalf of the City of Philadelphia, to enter into a lease with the Philadelphia Authority for Industrial Development to lease City-owned land south of Shelmire Avenue adjacent to the campus of the Fox Chase Cancer Center, all under certain terms and conditions. 2/14/08 - STATED - 2ND READING
The Chair agrees. At this time, the Chair recognizes Councilwoman Tasco for the purpose of calling up the bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. Today Bills No. 080009 and 080010 are being called up for Second Reading and Final Passage Calendar for today.
Thank you very much. The Chief Clerk will please read the title of Bill No. 080009.
An ordinance authorizing transfers in appropriations for Fiscal Year 2008 within the Grants Revenue Fund from the Director of Finance - Provision for other grants to the Police Department, the Law Department and the City Commissioners.
This 2/14/08 - STATED - 2ND READING bill having been read on two different days, the question now is shall the bill pass finally. The Chief Clerk will please call the roll.