COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, May 1, 2003 10:50 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 W. THACHER LONGSTRETH 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
I note that the hour has come and that a quorum is present. Council will please come to order. Members will take their seats. To give our invocation this morning, the Chair welcomes the Rev. Dr. Edward Vincent Avery, Chaplain at Nazareth Hospital. Father Avery is here today as the guest of Councilman Rizzo. Members and guests will please rise.
Let us pray. Almighty God, maker of all things and creator of all people, we thank you for this opportunity to gather in your name this morning. What is most sacred in our lives are the people who share their lives with us. So we thank you in a special way for all of the members of Philadelphia the City Council who continue providing dedicated leadership, example, and interest in and for the residents of Philadelphia. We see the world in many moods: In a mood of war and in a mood of peace. In days of plenty and in days of want. What makes us your true followers in this world is not when we boast that we have survived difficult days, but when we know that our lives are making a difference. If in war we closer, if in need ourselves and yet we share with our fellow men and women, if in peace we work for the common good. All of us have experienced your unfailing help, guidance, and strength when we needed it most. And as we think about your boundless generosity and how you have filled us with blessings beyond all that we deserve, we cannot fail to be reminded of our shortcomings toward others. May we never be jealous of those who have what we do not, nor forgetful of those who are less fortunate than we. Let us share with generous hearts and open hands the fruits of the earth which you have given us, reminding us of what Dickens said, "No one is useless in this world who lightens the burden of it for anyone else." Oh, almighty God, we are reminded that you have told us to have courage, hold on to what is good, return no one evil for evil, strengthen the faint-hearted, support the weak, help the suffering, honor everyone, love and serve the Lord. With you present among us, our communities are more than human. Our lives can never be the same. We thank you, Father, for these and for all your gifts. May you be blessed and praised and loved by everyone now Amen.
The Chair thanks Father Avery 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 Friday, April 25, 2003. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Friday, April 25, 2003 stand approved. (Duly seconded.)
It has been moved and properly seconded that the meet willing of the meeting of Friday, April 25, 2003, stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it. And the Journal of the meeting of Friday, April 25, 2003 has been approved. order of business requests for leaves of absence. And the Chair again recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no requests for leaves of absence on the part of the Majority.
The Chair thanks the Councilwoman. 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 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. The next order of business is communications. for the purpose of delivering 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 transmitting herewith for the introduction and consideration of your Honorable Body a proposed resolution approving the Annual Program Statement and Budget for the expenditure for the Neighborhood Transformation Initiative bond proceeds for the Fiscal Year 2004; And an ordinance approving the 3rd Amendment of the Redevelopment proposal for the Point Breeze Ease Urban Renewal Area; And an ordinance approving the 14th Amendment of the Redevelopment proposal for the South Central Urban Renewal Area; And an ordinance approving the 1st Amendment in the Redevelopment Proposal for the Kingsessing Urban Renewal area; And an ordinance approving the 1st Amendment of the Redevelopment Proposal for the Area; And an ordinance approving the 10th Amendment of the Redevelopment Proposal for the Whitman Urban Renewal Area;. And an ordinance approving the 4th Amendment of the Redevelopment Proposal for the New Kensington and Fishtown Urban Renewal Area; And an ordinance approving the 5th Amendment of the Redevelopment Proposal for the Franklin Urban Renewal Area; And an ordinance approving the redevelopment proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the Frankford Creek Urban Renewal Area; And an ordinance approving the 2nd Amendment of the Redevelopment Proposal for the American Street Industrial Corridor Urban Renewal Area; And an ordinance approving the Redevelopment Proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the Fairhill Renewal Area; And an ordinance approving the 11th Proposal for the Mantua Urban Renewal Area; And an ordinance approving the 1st Amendment of the Redevelopment Proposal for the 45th and Samson Urban Renewal Area area; And an ordinance approving the 8th Amendment of the Redevelopment Proposal for the West Mill Creek Urban Renewal Area; And an ordinance approving the Redevelopment Proposal for the Redevelopment Authority of the City of Philadelphia for the redevelopment of the 44th and Aspen Urban Renewal Area; And an ordinance approving the Redevelopment Proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the Tioga Urban Renewal Area; An ordinance approving the 1st Amendment of the Redevelopment Proposal for the West Parkside Urban Renewal Area; And an ordinance approving the 1st Amendment of the Redevelopment Proposal for the Brewerytown Urban Renewal Area;. And an ordinance approving the 11th AND RESOLUTIONS Amendment of the Redevelopment Proposal for the Cecil B. Moore Urban Renewal Area; And an ordinance approving the 31st Amending of the Redevelopment Proposal for the Model City's Urban Renewal Area; And an ordinance approving the 7th Amendment of the Redevelopment Proposal for Southwest Temple Urban Renewal Area.
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.
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 move AND RESOLUTIONS and properly seconded that the Rules of Council be suspended so as to permit immediate consideration of the resolutions at the time of introduction. All in favor will signify by saying aye. (Aye.)
The ayes have 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. This morning I introduce two bills and one resolution on your behalf, and three bills and one resolution for myself.
Thank you. The Clerk will please read the title of the first bill. THE
An ordinance approving AND RESOLUTIONS the 1st Amendment of the Redevelopment Proposal for the Kingsessing Urban Renewal Area.
This bill will be referred to the appropriate committee. THE
And an ordinance approving the 5th Amendment of the Redevelopment Proposal for the Franklin Urban Renewal Area.
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 30th, 36th and 40th Wards of 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 signify by saying aye. (Aye.) AND RESOLUTIONS
And an ordinance approving the 1st Amendment of Redevelopment Proposal 45 and Samson Urban Renewal Area.
The bill will be referred to the appropriate committee. THE
And an ordinance approving the 8th Amendment of the Redevelopment Proposal for the West Mill Creek Urban Renewal Area.
This bill will be referred to the appropriate committee. THE
And an ordinance approving the Redevelopment Proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the 44th and Aspen Urban Renewal Area.
The bill will be referred to the appropriate committee. THE
And a resolution approving the Annual Program Statement and Budget for the expenditure of the Neighborhood AND RESOLUTIONS Transformation Initiative bond proceeds for the Fiscal Year 2004.
This resolution will be referred to the appropriate committee. The Chair recognizes Cohen.
The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
The Clerk will please read the title of the first bill. THE
An ordinance approving the Redevelopment Proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the Fairhill Renewal Area
The bill will AND RESOLUTIONS be referred to the appropriate committee. THE
And ordinance Redevelopment proposal of Redevelopment Authority of the City of Philadelphia for the Redevelopment of the Frankford Creek Urban Renewal Area.
This bill will be referred to the appropriate committee. THE
And an ordinance approving the 2nd Amendment of the Redevelopment Proposal for the American Street Industrial Corridor Urban Renewal Area.
This bill will also be referred to the appropriate committee. The Chair recognizes Councilwoman Tasco.
Madam President, I have no bills or resolutions today.
The Clerk will please read the title of the first bill. THE
An ordinance naming AND RESOLUTIONS and designating the Gymnasium Young recreation Center at 1100 East Chelten Avenue as the David P. Richardson, Jr. Memorial Gymnasium.
The bill will be referred to the appropriate committee. THE
And an ordinance approving the Redevelopment Proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment Tioga Urban Renewal Area.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I offer one bill and two privileged resolutions.
Thank you. The Clerk will please read the title of the bill. THE
An ordinance approving the 1st Amendment of the Redevelopment Proposal West Parkside Urban Renewal Area.
The bill will be referred to the appropriate committee. THE
And a resolution honoring Rabbi Henry Cohen. AND RESOLUTIONS THE
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 the second resolution. THE
A resolution also naming on a temporary basis the 1200 block of North 58th Street as Sears Way from May 12, 2003 to May 17, 2003.
Thank you, Madam President. I move the adoption of the resolution. AND RESOLUTIONS (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 motion carries. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer one resolution this morning.
The Clerk will please read the title of the resolution. THE
A resolution honoring Kevin Millwood for his no-hitter on April 27, 2003.
Thank you, Madam President. I move for the adoption. (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 Goode.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Ortiz.
Thank you, Madam President. No bills or resolutions today.
Thank you. The Clerk will please read the title of the first bill. THE
An ordinance approving the 10th Amending of the Redevelopment Proposal for AND RESOLUTIONS the Whitman Urban Renewal Area.
This bill will be referred to the appropriate committee. THE
And an ordinance approving the 1st Amendment of the Redevelopment Proposal for the Jefferson Square Urban Renewal Area.
The bill will be referred to the appropriate committee. THE
And an ordinance approving the 11th Amendment of the Redevelopment Proposal for the Mantua Urban Renewal Area.
This bill will be referred to the appropriate committee. THE
And an ordinance approving the 4th Amendment of the Redevelopment Proposal for the New Kensington and Fishtown Urban Renewal Area.
The bill will be referred to the appropriate committee. THE
And an ordinance approving the 14th Amendment of the Redevelopment proposal for the South Central Urban Renewal Area
This bill will AND RESOLUTIONS be referred to the appropriate committee. And the Chair recognizes Councilman O'Neill.
Madam President, I offer one bill cosponsored by all Members of Council.
The Clerk will please read the title of the bill. THE
An ordinance amending an ordinance, Bill No. 877, approved September 16, 1994, by amending an exhibit thereto in order to increase the limit of the amount of funding any entity may receive in any fiscal year.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Clarke.
The Clerk will please read the title of the first bill. THE
An ordinance approving the 11th Amendment of the Redevelopment Proposal for the Cecil B. Moore Urban Renewal Area.
This bill will AND RESOLUTIONS be referred to the appropriate committee. THE
And an ordinance approving the first amendment of the redevelopment proposal for the Brewerytown Urban Renewal Area.
This bill will be referred to the appropriate committee. THE
And an ordinance approving the 31st Amendment to the Redevelopment Proposal for the Model Cities Urban Renewal Area.
The bill will be referred to the appropriate committee. THE
And an ordinance approving the 7th Amendment of the Redevelopment Proposal for the Southwest Temple Urban Renewal Area.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Rizzo.
The Chair thanks the gentleman. Our next order of business is reports from committees, and the Chair recognizes Councilman from the Committee on Law and Government.
Madam President, the Committee on Law and Government, after conducting the investigation authorized pursuant to a previous resolution, issues this report.
To the President and Members of the Council of the City of Philadelphia, the Committee on Law and Government, after conducting the investigation authorized pursuant to resolution 030082, has issued a report which recommends that City Council request the US Environmental Protection Agency to withdraw its changes to the new source review program.
Madam President, I offer the report and move its adoption by the City Council.
It has been City Council approve and adopt the report of the Committee on Law and Government and its recommendations. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the report and recommendations have been approved. The Chair recognizes Councilman DiCicco for a report on the Committee of Streets and Services.
Thank you, Madam President. The Committee on Streets and Services reports eight bills with a favorable recommendation.
To the President and Members of the Council of the City of Philadelphia, the Committee on Streets and Services to which was referred Bill No. 020385, entitled an ordinance amending Chapter 11-600 of the Philadelphia Code entitled, "Construction, Encroachments and Projections Over, On, and Under Streets," by adding 11-610, entitled "Construction Equipment," all certain terms and conditions; And Bill No. 030161, entitled an ordinance authorizing the paving of Markoe Street, Aspen Street, 45th Street and portions of 47th Street; And Bill No. 030162, entitled an ordinance authorizing the revision of lines and grand on a portion of City Plan No. 170 within an area bounded by Fairmount Avenue, 47th Street, Brown Street and 44th Street; And bill No. 030164, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 55 by striking from the City Plan and vacating the legally open portions of Bermuda Street from Adams Avenue to Church Street; And Bill No. 030167, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 63 by striking from the City Plan and vacating Melon Street from 16th Street to 17th Street; 030199, entitled an ordinance authorizing David Dinh, 1122 South 10th Street to construct, own, and maintain a one-story vestibule addition on the south footway of Washington Avenue; Bill No. 030217 entitled, an ordinance establishing a no truck parking regulation on Whitaker Avenue from Adams Avenue to Godfrey Avenue, both sides; And Bill No. 030219, entitled an ordinance establishing a no trucking parking regulation on the 800 block of Foulkrod Street, from Whitaker Avenue to Howland Street, both sides; Respectfully reports it has considered the same and returns the attached bills 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 Bills No. 020385, 030167, and 030199. (Duly seconded.)
It has been moved properly seconded that the Rules of Council be suspended as to permit this day reading of Bill Nos. 020385, 030167, and 030199. All in favor will say aye. (Aye.)
The ayes have it, and the bills just read will be placed today's First Reading Calendar. Bill Nos. 030161, 030162, 030164, 030217 and 030219 will be placed on the First Reading Calendar for our next Session of Council. That concludes the reports from committees. Council will now proceed under a special order of business to the reconsideration of Bill No. 030014. This bill was passed by the Council at its April 3, 2003 Session and was returned disapproved by the Mayor to last week's Session of Council. At this time, the Chair recognizes Councilman Nutter.
Thank you, Madam President. I move that Council reconsider Bill No. 030014 which was approved by Council on April 3, 2003.
The ayes have it the motion carries. Council will now consider the vote by which Bill No. 030014 was passed. The Chief Clerk read the title of the bill. THE
Bill No. 030014, an ordinance amending Section 19-1301 of the Philadelphia Code entitled "Real Estate Taxes," by providing that the taxes levied on a property under that section shall not increase in any one year by more than a specific percentage as the result of an increase in the assessed value of the property as returned by the Board of Revision of Taxes, under terms and conditions.
Thank you. The Chair recognizes Councilman Kenney for a point of information.
Thank you, Madam President. As matter of point of information, I would request that, if possible, Councilman Nutter would explain the bill and would also talk about some of the changes that were made to this bill as opposed to the last one that had a similar percentage cap on that bill. I know we may have done it anyway, but I just want to make sure the request was made. Thank you.
Thank you, Madam President. I had planned to ask for an opportunity to speak because I do wish to put a variety of pieces of information into the record. This issue has been under discussion since last fall when the aftermath of the assessments from last summer came out and many of our constituents were outraged at the amount of increase in assessment which ultimately results in a significant increase in their actual tax bill, came to them in the mail in either August or September. Many of us have also participants in the appeal process where a significant number of homeowners and property owners participated in that process. I appreciate the Councilman's request. This particular bill is a one-year 10 percent cap on the amount of assessment increase or tax increase only the City tax portion of the property tax. We all know that the property is composed of two elements: There is a City rate, and there is a School District rate. The City rate goes to the City, and the School District rate portion goes to the School District. So the bill in front of us has no impact whatsoever on the School District of Philadelphia. This is only for the City portion of the real estate tax. Second, there was a chart prepared at the time of the first round of hearings. Members will recall that there were a variety of bills, 4 percent, a 10 percent, and a 15 percent with a deferral. This Council approved both the 4 percent and the 10 percent back in December of 2002 by votes of 17 to 0 on both of those bills. One was allowed to become law without the Mayor's signature; that was the 4 percent bill. The second, 10 percent cap bill, was the subject of a veto and a subsequent attempt at an override where we fell two votes short of an override all at that time. This bill, as introduced, is also for one fiscal year, the current fiscal year, the numbers are the same in terms of a potential impact to the City. From the chart, we know that the City revenue portion as to compared to the City budget that we approved last year for the current fiscal year, the impact to the City would be $980,000. Now, in the veto message there was a different figure used, and that's because when the budget was approved last spring, the City Administration had to estimate, based on previous real estate assessment increases what the actually revenues would be. 7 million. Subsequent to that, the Board of Revision of Taxes conducted the assessment process, as they always do, in the summer. The assessments came out. 7 million, $7 million difference. Many of us have referred to that as essentially a win fall to the City because it did not budget for that amount of money, it did not anticipate that amount of money. 7 million. 7 million because we have not adjusted our tax rates downward to reflect the increased assessments so as to only generate the $321 million. So therefore, the City says if that's the amount of money, then we claim that amount of money. 98 million comes from. But Madam President, I think there are other components to this particular story. One, as compared to budget, a 10 percent cap bill on the City side would cost $980,000 in a City budget of over $3 billion. The 4 percent cap bill which was allowed to become law without the Mayor's signature by way the same chart expects to cost the City $6 million. And there are a variety of other bills that have been approved by this Council that have cost in the millions. This is a one-time 10 percent cap solely on the City portion of the real estate taxes with a cost of $980,000. But the motivation behind this, Madam President, other than good public policy is also some of the correspondence from many of my constituents and, certainly, for at at-large members, your constituents as well.
And I'm sure that all Members have received letters. And I'd like to read a couple of those into the record. I received a letter last year from Ms. Anita Smith who lives on Woodbine Avenue in the Wynnefield Section. She writes to me: "Dear Councilman Nutter, thank you for holding the meeting on Wednesday, October 2, 2002, at Penn Memorial Baptist Church. As you can remember, the room was paced with concerned neighbors about this issue. I listened to Mr. Rizzo's quick remarks of support and your concern that there is a problem with the system. Then I to Mr. Davis, I believe is his name, detailed explanation of the property tax calculation. Of course, once Mr. Davis informed that the Taxation Board was not concerned about our ability to pay, for me, this statement ended the discussion. Basically from then there was nothing to do but complain, and rightly so because the increase is anything but fair. Unfortunately, for us property taxes has been a point of contention for as long as I can remember, even as youth. And my faith in our public officials is clouded by the fact that they can't seem to remedy this situation. "Let's get back to the meeting. I saw a room of retired individuals who have no intention selling their homes. In fact, they have spent a great part of their lives fixing up their homes inside and out throughout working careers. Now their goal is to maintain the property, and here comes a tax increase that is based on a calculation that will only benefit them if they choose to SELL their property. Previously, there was no intention to sell. Now you may have to sell because you can't afford to pay the taxes. If you do sell, you get higher market value from the sale, but then you can't afford the type of property you've lived in for 40 years. And because the buyer paid the higher market value, when the property is reassessed their taxes will go up again. This is a cycle of doom. "There is no question this City is taxing people out of their homes. The City has got to find another way to fund the school system. I venture to say that if you took a pole at the meeting, approximately 75 percent of the participants do not have children in the school system. How can we as good citizens expect these people to pay for this? Many of us do not even have children in public schools. Why is it taking so long tackle this problem? "Unfortunately, I see this as this as a political football to be tossed around during election time and then kicked but, as always, 10 yards short of the goal line. "As for the younger crowd who attended the meeting, I'm sure they will have the bills to pay. We get a bill in July-August and I'm informed that we have to come up with as much as $500 in less than 6 months. No provision for a payment plan or assistance whatsoever. " That's Ms. Smith. 5100 block of Woodbine avenue. I received another letter, Madam President, from Miss Siacci (ph), the 3400 block of Bowman Street in the 38th Ward. "Dear Councilman Nutter, the house I live in was purchased by my parents in 1932 for approximately 3,000. I was 2 years old. Their mortgage payment was $28, which was an amount they struggled to pay each month. There was a depression. "I'm now 72, and after all these years, I have to consider seriously the prospect of moving. I'm being taxed out of the only home I've ever owned. "In 1996, my taxes rose by about $50. ' Well, my luck changed. For 2001, they went up $275. Now they will go up by an additional $368. My income is fixed and my budget is also fixed to accommodate my monthly income. There's no way I can reduce the amounts I get with funds for property taxes unless I stop eating.
"It's true property values have increased since my parents bought their home, however, I'm not selling to the increases do not affect me. Unfortunately, this may not be true for long. I may be forced to sell against my will. If so, I will leave the City. Some rich landlord will buy my house and rent for lots of money. " Miss Siacci from the 38th Ward. Lastly, Madam President, Mr. and Mrs. Tiberino (ph) from Glen Campbell Road in the 21st Ward. "I'm 85 years of age. My wife is 81. I had three major operations, including a triple bypass. My wife had a heart attack and has a pacemaker. My son stays home and is our only caretaker. My wife can't drive and neither can I. My son does drive and he takes us to the hospital. "I am looking for relief in property tax. Last year was $4,000. We cannot afford our medicine and we're asking for your assistance. " Madam President, there are many, many like that. There are 117,774 people in Philadelphia who received an increase in their property taxes of more than 10 percent, and they are all over the City, whether it's in the 3rd District the 4th District, the 5th District or the 9th District which are the highest number of people who received increases of more than 10 percent. These people are all Philadelphia, and we an opportunity here today to give them some relief and only cost the City $980,000. I ask my colleagues to take a stand today and do something for the homeowners and property owners of the City of Philadelphia and give them some relief to their outcry about last year's incredibly onerous increases in their taxes. Thank you, Madam President.
Thank you, Madam Chair. Point of information. My colleague indicates that this will hurt the City at a level of $980,000. Recognizing that this bill requires State authorization, my question to my colleague is when will taxpayers see relief, knowing that this bill State authorization?
Thank you, Madam President. Councilwoman Brown, I appreciate the question. You and I have had an opportunity to talk about this on a couple of occasions. I think that this is just a point of a difference of opinion with regard to whether or not this particular matter needs State authorization. I'm respectfully, certainly, of our Law Department. I've agreed with them on many occasions; I've disagreed on many occasions. It's never affected by general feeling and respect for them. I believe that we do not need State authorization. And under the circumstances, given that this is May 1st, many taxpayers have probably paid their taxes. I certainly hope so, less they subject themselves to interest and penalty. Under the circumstance, what those taxpayers would have to do if this bill were passed is apply for the Department of Revenue for a refund. This particular bill, as I indicated earlier, is one year. It is for FY '03. And it only affects FY '03 and so I think with cooperation from the Department of Revenue, if this bill were to go into affect, taxpayers shortly would be able apply for a refund for the difference between what they paid and what they would be required to pay with a 10 percent cap. So I think the short answer to your is soon.
Councilwoman, my position is that the bill does not need State authorization. That's my position.
You're welcome. This bill having been read on two different days, was duly approved by City Council on April 3, 2003, and was returned to the Council by the Mayor as disapproved at the April 25, 2003 Session of Council. The question is shall Bill No. 030014 pass, notwithstanding the Mayor's disapproval? Please note that a aye is a vote to override the Mayor's veto. A vote of no is a vote to sustain the Mayor's veto. Any questions from anyone? The Clerk will please call the roll.
Again, a vote of aye will be override. Councilwoman Blackwell, how do you vote.
Aye. The ayes are 10, the nays are 6. The Mayor's veto is sustained. Councilwoman Blackwell, I understand that there is another bill to be introduced. Can we do that now, please?
Thank you, Madam President. I introduce one bill on your behalf.
An ordinance approving the 3rd Amendment of the Redevelopment Proposal for the Point Breeze East Urban Renewal Area.
This bill will be referred to the appropriate committee. Our next order of business is the consideration of the Calendar. The Chief Clerk read the bills on the First Reading Calendar. THE
Bill No. 010743, and ordinance amending Chapter 2600 of the Philadelphia Code, entitled "Standards of Conduct and Ethics," by adding anti-nepotism provisions prohibiting City officials from taking or recommending certain personal actions affecting family members.
And Bill No. 030017, an ordinance establishing an Neighborhood Improvement District in an area that generally includes both sides of Ridge Avenue from Main Street to 7220 Ridge Avenue, all under certain terms and conditions.
Bill No. 030023, an ordinance amending Chapter 19-200 of the Philadelphia Code, entitled "City Funds, Deposits, Investments, Disbursements," by revisiting the list City depositories because of noncompliance with certain provisions, under certain terms and conditions.
And Bill No. 030141, an ordinance amending Chapter 9-700 of the Philadelphia Code, entitled "Amusement Business," by amending Section 9-703 to prohibit the used of pyrotechnic devices, fireworks, explosives or similar materials within dance halls, all under certain terms and conditions.
And Bill No. 020385, an ordinance amending Chapter 11-600 of the Philadelphia Code entitled Construction Encroachment Projects over, on, under City streets, all under
And Bill No. 030167, an ordinance authorizing the revision of lines and grades on a portion City Plan No. 63, by striking from he City Plan and vacating Melon Street from 16th Street to 17th Street.
And Bill No. 030199, an ordinance authorizing David Dinh, 1122 South 10th Street to construct, own, and maintain a one-story vestibule addition on the south footway of Washington Avenue.
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 First Reading Calendar. The Chair at this time recognizes Councilwoman Blackwell for the purpose of calling 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE bills on the Second Reading and Final Passage Calendar.
Thank you, Madam President. Today Bill Nos. 020728, 030068, 020076, 030163.
Yes. I didn't get to that yet. 020621, 020810, 030016, 030097. 030098, 030178, 030220, 020809, 020084, 020817, 030034, 030106, 030189, 030231 all being called up for second reading final passage. All other bills are being held.
Thank you. We are going to consider a resolution before the Calendar because they pertain to the change of the Home Rule Charter. The Clerk read the title of Resolution No. 020084. THE
A resolution prosing 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE an amendment to Section 2-102 of the Philadelphia Home Rule Charter relating to the redistricting of the City to revise the boundaries of the councilmanic districts after each decennial census and providing for the submission of the amendment to the electors of Philadelphia.
The Chair recognizes Councilman Nutter for at motion.
Thank you, Madam President. I move for the adoption of Resolution No. 020084. (Duly seconded.)
Since Resolution No. 020084 proposes an amendment to the Home Rule Charter, it requires the approval of two-thirds of the Members of this Council. The Clerk will please call the roll. THE
Aye. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE THE
No. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE THE
Aye. The ayes are 12, the nays are 4. A two-thirds majority having voted in the affirmative, the Resolution No. 020084 has been adopted. The Clerk will please read the title of Resolution 020817. THE
A resolution proposing an amendment to Section 6-400 of the Philadelphia Home Rule Charter relating to the authorization for City Controller audits of agencies receiving appropriations from or performing services for the City and providing for the submission of the amendment to the electors of Philadelphia.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
Since Resolution No. 020817 proposes an amendment to the Home Rule 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE Charter, it requires the approval of two-thirds of the Members of this Council. The Clerk will please call the roll.
Madam President, I would like to correct my vote as voting no on the previous resolution. I will aye on this one. Thank you.
The record will reflect that Councilwoman Blackwell changed her vote on Resolution No. 020084. And the votes now are the ayes have 11 and the nays have 5 on that particular bill.
Just a point of information -- point of inquiry maybe. I just had a conversation with Councilmembers Blackwell and Krajewski who asked me a question which would seem to indicate that there might be some lack of information with regard to the redistricting resolution. Either a concern that a commission would be created, which was the concern raised by one member, or possibly other questions. I didn't know that that was a question by the members, so I'd 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE certainly be available to answer any questions. There seems to be also, I'm hearing, a concern that we can only redistrict every 10 years. This particular amendment to the Charter changes the part that requires the Council to redistrict every 10 years. It doesn't affect whether we can or not in any interim period. The Charter requires us to redistrict every 10 years. This measure would establish an actual process which, I think, all of us might agree if we can find any agreement. There is no present process. It still requires us to do redistricting every 10 years and actually establishes a Council Committee of our leadership to put together a plan, take testimony, listen to the Members and the public and then present such a plan to the Committee of the Whole to take action. I think we saw that notwithstanding the Charter requirement on the every 10 year redistricting, we just did a redistricting bill the tail end of last year. And I do not believe that this particular measure would impact that. So, I mean, I certainly apologize if there was any lack of information or misinformation about that particular issue. What the bill does, Madam President, is 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE a couple things: It establishes a Redistricting Committee made up of the President, the Majority Leader, the Majority Whip, the Minority Leader and an At-Large Member appointed by the Council President. That group of people would seek to develop a redistricting plan to be presented to this Council in the form of a report and a resolution. It also establishes, I believe as the charter laid out, that the Council would be the redistricting process. It removes the penalty for not completing the redistricting process by a certain date. Philadelphia is the only City of the top 10 cities in the country that has such a penalty, which is the withholding of salary. No other City from New York to Detroit has such a provision. It also maintains the redistricting process as a Council matter, which I think it should be a Council matter since it involves districts and redistricting, which is similar to how the process is conducted, again, in virtually every major City in America. So that's what the bill does. It does not establish some unknown group of people as a commission. I think we know all the proposed commission members. They're the four leaders and 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE one other person to be appointed by the President. That's what the bill is. That's what it does. And it actually lays out a somewhat detailed process through which you would do redistricting. I think anyone would have to acknowledge that under the Charter there is no particular process presently laid out for how to do redistricting other than telling us when it has to be completed and that the wards and divisions have to be contiguous to each other. So that's what the matter was, Madam President. And that would be the shorter version of the explanation.
Thank you. Councilman Clarke, your light is on. Do you want to be recognized?
Thank you, Madam President. Madam President, I would like to thank Councilman Nutter for the explanation because I was in my explanation just going give what I perceived the explanation of the bill. And I hate to bring up old wounds, but I remind Members that had this particular process been in place in the most recent redistricting, I would not currently represent 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE anything south of Fairmount Avenue. It was because of, be you like it or not, the involvement of the Mayor in the process that it allowed us to ultimately come to a consensus on the final redistricting process that, as the Councilman indicated earlier, was just this past year. My concern that a similar situation could happen somewhere down the line, and not to suggest that it would, that if the Mayor, whomever that Mayor may be -- it surely won't be this particular Mayor in 10 years or whenever we decide to do redistricting again -- a similar situation can happen with the least senior Member of the City of Philadelphia. So that is my primary concern about this particular bill. I see that as one of the only two changes in the current process. I believe under the last redistricting bill you, in fact, convened a committee. That committee, in fact, issued a report and a map. I see this simply as a way of getting the Mayor out of the process and not penalizing us for not doing our due diligence on getting this particular bill. So that is my primary concern because of what happened to me personally in the last redistricting process. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE And I think that this particular bill relates to the Mayor's involvement, this particular Mayor's involvement, in that last process. Thank you.
Thank you, Madam President. I agree half way with Councilman Clarke just said. And a person who is greatly affected by the redistricting and I do appreciate what the Mayor did and I do feel that if it wasn't for the Mayor's involvement, as along with what Councilman Clark said, it would have been a bigger problem for me and for the 7th Council District. But what I do differ from Councilman Clarke is I think this bill lays out the ground rules and we won't need to have the Mayor involved because I think -- thank you for helping me, Mayor, and I appreciate it. But this wouldn't be necessary next time because of this bill, and I wholeheartedly supported this bill. We know the ground rules going in and deal with it then. It may be 10 years down the line or sooner if we chose to do it. All I want is a fair redistricting process, and this seems to lay it out. So Councilman Nutter, thank you for your 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE diligent work on this.
Thank you, Madam President. I appreciate Councilman Clarke's concerns and also deeply appreciate Councilman Mariano's comments. With regard to one of the issues that Councilman Clarke raised, I think that -- I can appreciate your concern about how the last process was conducted. I think as you laid out what the committee did, which is actually what this was modeled after, my recollection is at least at one time the report that the Committee that was established put forward was not the report that was ultimately accepted by the Body. But the way to deal with the whole issue of making sure that members are -- their concerns are addressed or taken into serious consideration is the fact that under this provision it is not a simple majority that would approve a redistricting plan; it is a two-thirds of this vote of this Council, which is a much higher standard and is the same standard that is in place with the present process because if the 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE Mayor vetoed one of the last redistricting plans and if 12 members overrode the Mayor's veto, that would have been the plan in place. I think the Councilman is quite well aware that there were not 12 votes at any in time to override the veto, otherwise, we wouldn't have gone the four and a half months, which the salary penalty obviously did not work as the Charter framers had intended, otherwise Members would not have gone so long without pay. So I sought to address that particular certain and I thought the Councilman might have that kind of concern by the fact that you establish the same standard which is present, which is 12 members overriding a veto which would end the process and put in a provision that the redistricting plan has to be approved by 12 members. It is the same standard, the same hurdle that you have to get over.
Councilman Clarke, your light is on. Do you care to be recognized?
Absolutely. Madam President, I agree with Councilman Nutter. And he has essentially made my argument that if the 12 votes are required, why is the Mayor being taken out 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE of the process?
Thank you, Madam President. What are we considering right now? Are we considering the resolution? Are we considering the bill? What's being considered right now?
Councilwoman Blackwell, I think you changed your vote to no. Does it still remain?
Okay. I don't see any reason for us to be debating this. We will be considering the bill shortly. So the ayes are 11 the nays are 5. This resolution having failed to receive the approval of two-third members of Council, the resolution is not adopted. To have the Chief Clerk, did you read the title of Resolution 020817? THE
Would you, 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE please? THE
A resolution proposing an amendment to Section 6-400 of the Philadelphia Home Rule Charter relating to the authorization for City Controller audits of agencies receiving appropriations from or performing services for the City.
I move again for the adoption of the resolution. (Duly seconded.)
Since Resolution No. 020817 proposes an amendment to the Home Rule Charter, it requires the approval of two-thirds of the Members of this Council. The Clerk will please call the roll. THE
Aye. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE THE
Aye. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE THE
Aye. The ayes are 16, the nays are 0. A two-thirds majority having voted in the affirmative, Resolution 020817 has been adopted.
I think it would be helpful to everybody to be informed that two-thirds means two-thirds of the total membership of City Council, the full complement 17. It is not two-thirds of the vote cast because, obviously, 11 is more than two-thirds if there were 16 Charter Members of City Council. But there having been 17, the requirement under procedure of the Home Rule Charter still requires the same 12 to be considered two-thirds. That's 11 to 5 vote fails the Charter test of two-thirds although it's actually more than two-thirds of the voting members. So I just wanted 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE to make that explanation. Councilman Rizzo was kind enough to say, "Hey, aren't we doing it wrong because isn't 11 more than two-thirds of 16?" Of course he was right, but the Charter sets forth its own requirements which we must obey.
Councilman, thank you. It was very thoughtful of you to bring that to our attention. With our guests, I'm sure they were being very quizzical about that, too. Thank you. The Clerk will please read the title of Resolution No. 030034. THE
A resolution proposing an amendment to the Philadelphia Home Rule relating to the composition of the Board of Pensions and Retirement and providing for the submission of an amendment to the electors of Philadelphia.
Madam President, I move the adoption of Resolution No. 030034. (Duly seconded.)
Since Resolution No. 030034 proposes an amendment to the Home Rule Charter, again, it a requires the approval of 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE two-thirds of the Members of this Council. The Clerk will please call the roll. THE
Councilman Nutter. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE
Aye. The ayes are 15, the nays are 0. Councilman Clarke is just arriving. How do you vote, Councilman Clarke, regarding Resolution No. 030034?
I'm sorry. I will be voting aye on this particular resolution.
The ayes are 16, the nays are 0. A two-thirds majority of Council having voted in the affirmative, Resolution 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE No. 030034 has been adopted. The Clerk will please read the title of Resolution No. 030106. THE
A resolution proposing an amendment to the Philadelphia Home Rule Charter to establish that a bid preference can be allowed in the awarding of public contracts to Philadelphia firms and that the extent and nature of the bid preference shall be provided by ordinance.
Thank you, Madam President. I move that Resolution 030106 be adopted. (Duly seconded.)
Since Resolution No. 030106 proposes an amendment to the Home Rule Charter, it requires the approval of two-thirds of the Members of this Council. The Clerk will please call the roll. THE
Councilman Clarke. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE
Councilwoman Reynolds-Brown. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE
Aye. The ayes are 16, the nays are 0. A two-thirds majority having voted in the affirmative, Resolution No. 030106 has been adopted. The Clerk will please read the title of Resolution No. 030189. THE
A resolution proposing an amendment to Section 5-300 of the City Charter relating to the functions of the Department of Health by adding a new subsection declaring that the health care is an essential safeguard of human live and dignity and that there is an obligation for the City of Philadelphia to ensure that every resident is able to realize this fundamental right and requiring the Department to prepare a plan for universal health care coverage that permits everyone in the City of Philadelphia to obtain decent health 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE care on a regular basis.
Madam President, I move the adoption of the resolution and request the opportunity to speak.
What this does is to place a responsibility upon the City Health Department to come up with some thinking and plans for what do we do with the uninsured Philadelphians. Nationally, there are 42 million, at least, and probably by this time 43 or 44 million Americans who have no health insurance at all. What this resolution does is aims to provide a series of plans which the Legislative Body and the Mayor can consider in determining how do we avoid that problem for Philadelphians. Currently, we have health clinics for the very poor that may not be covered by welfare. But for middle class families and for others, there is no coverage at all. This is aimed at making every the responsibility ultimately of the government to make sure there is some health plan 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE available. What they'll come up with, we don't know, but we think it's time to plan and plan in a way that will produce results ultimately. So this is just the plan to direct the Health Department start spending time designing a program that you recommend to us that Philadelphia people will consider it and then later there may be a decision. As of now, there's several hundred thousand Philadelphians who have no access to health care at all. Thank you, Madam President.
Since Resolution No. 030189 proposes an amendment to Home Rule Charter, it requires the approval of two-thirds of the Members of this Council. The Clerk will please call the roll. THE
Aye. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE THE
Aye. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE THE
Aye. The ayes are 16, the nays are 0. A two-thirds majority having voted in the affirmative, the resolution has been adopted. (Applause.)
The Clerk will please read the title of Resolution No. 030231. THE
A resolution proposing an amendment to the Philadelphia Home Rule Charter to create the Office of the Insurance Public Advocate and providing for submission of the amendment to the electors of Philadelphia.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
Since Resolution No. 030231 proposes an amendment to the 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE Home Rule Charter, it requires the approval of two-thirds of the Members of this Council. The Clerk will please call the roll. THE
Madam President, I have to abstain on this particular resolution. Currently serving as the Co-Chair of the Mayor's Automobile Insurance Task Force, we are currently indicating three cases before the Insurance Commissioner, and I think that it would be inappropriate to vote for this resolution today.
Aye. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE THE
I have a quandary here. I'm in favor of this. I signed it, but since my Co-Chair seems to think -- I think I need some legal advice here. If we're going to get in trouble, I don't need anymore trouble. Can I speak to the lawyer? Let me talk to Council's counsel first.
Would you please proceed. We'll come back to Councilman Mariano. THE
Aye. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE THE
Aye. Councilman Mariano, have you decided how you're voting?
I've spoke with my bevy of lawyers in the back here that you so graciously supplied for me and, listen, I'm going to have to abstain, too. Thank you.
You're welcome. So the ayes are 14. And the record will reflect there were 2 abstention. A two-thirds majority having voted in the affirmative, Resolution No. 030231 has been adopted.
The Chief Clerk will please read the title of Bill No. 020728 on . THE
An ordinance amending Title 21 of the Philadelphia Code, entitled "Miscellaneous," by adding provisions requiring 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE members of Board and Commissions of the City of Philadelphia to conduct certain of their deliberations, including deliberations with respect to adjudications pending before the board or commission only at meetings open to the public with certain exceptions and under certain terms and conditions.
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. THE
Aye. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE THE
Aye. The ayes are 15; the nays, 1. This bill 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE having majority of members voting in the affirmative it passes. The next bill to be called for consideration is Bill No. 030068. 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 Bridge Street and Frankford Creek.
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. THE
Aye. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE THE
Council President Verna. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE
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 next bill to be called for consideration is Bill No. 030163. THE
An ordinance amending Chapter 19-1500 of the Philadelphia Code, entitled "Wage and Net Profits Tax," by decreasing in stages the rates of the tax imposed upon certain low income persons and providing for refunds of excess taxes paid, all under certain terms and conditions.
Thank you. Councilman Nutter, your light is on. Do you care to be recognized.
Thank you. The Chair recognizes Councilman Cohen. Councilman Cohen, you want to be recognized? We're considering Bill No. 030163.
This is the bill 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE which will introduce for the first time fairness and equity in the City wage tax. In the City of Philadelphia, long known as a City that supports labor and low-income people and working people, the City wage tax represents a very regressive, unfair tax because it attacks the poorest citizens no matter how little they make. Whenever anybody earns anything -- for example, originally, until a legislation that I introduced about 20 years ago passed, even an election day worker who worked two days a year earning at that time about $50 each day for serving on the Election Board had a wage tax deducted. What this means is that -- what Councilman Lucien Blackwell used to describe as the little old ladies with the gray sneakers who would do a little baby-sitting or get a part-time job at a department store nearby or a retail shop, whatever they made to supplement their small social security income would be taxed. At the federal and at the state levels, people with lower incomes are exempt from income taxation. Yet here in Philadelphia, they pay the wage tax. That's very unfair. It's unfair to senior citizens who often times have to get a part-time job to supplement their small social 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE security payments. Sometimes it's unfair to a single mother to gets a little job and maybe earns 5,000 or $10,000 a year earning it but pays a wage tax. This bill is aimed at using the same standards that the state and federal government use to determine exemption from income taxation. And it introduces fairness and equity in our tax system in Philadelphia. We have a very impressive NTI program, the Neighborhood Transformation Plan. It is aimed at rebuilding neighborhood. But a real problem in the neighborhoods is that retail businesses can't stay in the neighborhood because there isn't enough income in the neighborhood. We know that when you add money to the income of people who live in the neighborhoods in Philadelphia, you increase the purchasing power so that can also be seen as a way of revitalizing neighborhoods. It fits perfectly into a plan to rebuild our neighborhoods, to get supermarkets, retail shoe stores, clothing stores, and so forth into the neighborhoods. It also stimulates business economy because it means that workers from an outside plant 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE or from an outside retail establishment don't face the loss of 4 to 5 percent in their income if the company moves into Philadelphia neighborhood because once they move into the neighborhood, the wage tax applies. This is a win/win for everybody and it would be forward and historic moment in Philadelphia life. It would indicate that we're fair to everybody. Just before on the universal health matter, we dealt with a matter which is strange in that the very low income have more health protection than the upper income and the middle group that. That resolution looking for a Home Rule amendment was aimed at giving fairness to middle-income workers. This bill is aimed at giving fairness to the low-income workers by increasing their income. In the past, whenever this matter has been voted upon in City Council 12, that's three-quarters of the current Members have indicated their support. Eleven of them have voted for this bill when it was before the Committee on the Whole in an earlier version. The earlier version, this bill over a six-year period would cut the wage tax a 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE half percent each year. But the first time the City would have to pay out money to refund wage tax payments under this bill would not occur until 2006. So that the City has plenty of time to make the plans. It is my judgment -- I can't say I can prove it by hard facts. It's my judgment that this bill will not cost any money but will actually make money for the City because it will produce a healthier City.
But in the event that the Mayor's concerns proved to be true and there is some kind of a loss, it the won't be very much. But that's the reason for this version of the bill which sets this working date two years later. It gives the Mayor two more years, any Mayor. The current Mayor or whoever is Mayor at the time. This bill comes into life, gives them two more years to plan the program. It's the road to fairness and justice, and I point out that 12 of the 16 Councilmembers have supported this in the past; one, through sponsorship of the original bill, and 11 who voted for it for the Finance Committee. Whenever there's been a vote, it's had strong support in City Council. I hope that will be the case today. Thank 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE you, Madam president.
You're welcome, sir. The Chair recognizes Councilman Ortiz.
Madam Chair, I'll be brief. We have given tax relief here to the very rich and the upper echelons of society. This affects those individuals that make $30,000 or less. I suggest that my colleagues support this legislation. Thank you.
You're welcome. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I know that our Rules provide for the opportunity to propose a motion to table any bill that's before this Council on final passage. Frankly, I don't understand how that rule historically ever came about. I'm sure there must me some legislative history as to why in this particular Rule of Order that we follow here, why a motion to table exists at all. I really think people need to know, especially on an issue as important as this how we stand on things, what we 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE believe and whether or not we're willing to cast our vote based on our beliefs. I don't think I've every -- and correct me if I'm wrong; I think the record will. But I don't think I've ever proposed a motion to table in almost 12 years that I've been here. I don't mind taking a stand and taking a position and also taking some grief for it or some praise for it if in fact it's due to me. But I think that we really need on this important issue to let ourselves and let our constituents know where we stand. And if a motion to table is issued, I duly thing we're putting our constituents and voters and taxpayers at a severe disadvantage not knowing where we stand on a particular issue as important as this. Thank you, Madam President.
You're welcome. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, while I am truly supportive of this particular initiative conceptually, one of the concerns that I have, first of all, is that we didn't do this before we did Bill 92 because I think that, frankly speaking, providing relief to those most needy should have been a part 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE of our earlier agenda as it relates to wage tax cuts. But I do have a couple concerns about the timing of this. One is the proposed state budget where Governor Rendell, if he's successful in getting reductions through the state for wage taxes for the citizens of Philadelphia, hopefully below 4 percent, that obviously will have a substantial impact, not only on low-income individuals, but people across the City of Philadelphia. And I'm not sure how this particular bill impacts upon that as we move ahead. So I, frankly speaking, would have liked for the sponsor to hold this particular bill. And I'm not suggesting that he's going to do that, but I would have like to have seen him hold this because I am interested in the issue. Until after the State finishes its budget process, particularly since one of the primary focuses of that is wage tax cuts for citizens for the City of Philadelphia. The other issue is as it relates to its impact on the Five-Year Plan, which I understand that we will probably have to resubmit a new Five-Year Plan. I'm not clear how this will impact the out years. In the earlier version, as the 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE Councilman indicated, there was a substantial -based on Administration projections -- substantial increase in the first fiscal year. And fortunately the Councilman has moved this process back, but it still could impact on the Five-Year Plan and I'm somewhat concerned without seeing an analysis of what that would be on that Five-Year Plan, which also we haven't determined what it will ultimately be, us locking ourselves into some legislation that can impact on that without knowing what ultimately both the State and the five-year projection will be for this particular bill. I would like to ask -- I don't anticipate that I'll receive a positive response, but I would like to ask the sponsor to hold the bill until we can, at a minimum, receive the Five-Year Plan next, I believe, and hopefully, most ideally, to wait until the State is finished in its deliberations on this wage tax cut proposal for the citizens of Philadelphia.
I would not want to wait until the State acted. I have no idea when the State will act. I don't know how they will accept 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE Governor Rendell's proposal. I hope Governor Rendell's wage tax proposal will incorporate this idea because it makes sense, it's good judgment; and if we pass it, it will be an indication to the Mayor that that's the way he ought to go instead of having the same kind of wage tax cut that occurred before that applied to everybody and gave very little relief to the people in the neighborhoods and to low-income workers. So I don't think it's wise to wait. I think we've got to act. But in the event that there were some unforeseen great problems, the beauty of this bill is that it gives us plenty of time to correct it. In the Caucus, I talked about the Mayor having followed the Mariano principle. Councilman Mariano introduced a bill that might affect revenue cuts a couple of years down the road, and the Mayor said, "Yes, I can sign it because this if something develops and we have to revisit the question, we have the time to do it." So I suggest we have plenty of time to revisit this question if it ever prove necessary. As I said in my opening statement, actually no refunds will be paid until either the end of Year 6 which is 3 and a half years from now, or Year 7 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE which is 4 years from now. Plenty of time to reconsider changes. In life, we learn things occur to change the situation day by day. Although everything seems permanent today, by tomorrow it may look altogether different. But this sets a plan in motion, it sets Philadelphia on a fairness course, and it will be ample time to make any changes if ever any were needed. I would hope not because I think this, for the first time, as I said before, introduces fairness into the tax structure. Thank you.
Thank you, Councilman. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I'll try not to delay the issue. A couple of things in response to my colleague's statement. One was it's impact as it related to the State and your preference that the State would use this as a framework. I want to ask the question, have we talked to anyone from the Governor's Budget Office to talk about him adopting the principles of this particular bill. As the State deliberates on this -05/01/03 - STATED - 2ND READING AND FINAL PASSAGE
Not as yet because there's no reason to until the Council takes action.
Well, I've never known to be a barrier from having a discussion.
Because it would have no meaning to propose an idea that hasn't taking any form. If we pass this bill, which I hope we will, and the Mayor signs it, I will certainly be moving in the direction of Governor Rendell very, very quickly because it will be expression of what Philadelphia desires. And that's what I would hope to do, and this will indicate whether there is sufficient support in City Council for that bill.
I've never known the passage of the bill to be barrier for dialog. So to suggest that we have pass the bill before we can have a dialog with the Governor's Office -
Well, if you know Governor Rendell, you know you're waisting your time unless you have something very specific. And very specifically, we'll have this bill and say "This is the will of City Council," hopefully, also the will of the Mayor, and then we'll have a strong point. At least that's my point of view. But I would have 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE no objection if you raised it today with Governor Rendell. I think the more people that raise it, the better. But my view is that we have to have action locally or Governor Rendell has an easy answer. He says, "What are you talk about? That's your idea. Tell me what the City feels."
I don't know that particular Governor. I found the Governor to be open to debate. He may not ultimately agree with your proposal, but I've never known him not to hear it, whatever stage -
Well, he can hear whatever, but I'm talking about Philadelphia policy, not Governor policy. I don't understand why we should wait to have the Governor of Pennsylvania decide whether it's a good thing. What we are trying to do is formulate policy covering the people of Philadelphia. He is now the Governor; he's not the Mayor. And we want to go to him in a strong position, not a weak-kneed position on our knees, saying "Dear Mr. Mayor, would you consider at some later point the idea of helping the poor folks who earn small sums of money in Philadelphia to exempt them from the wage tax." 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE I want to go to him saying, "This City Council has spoken on this issue." They represent the people of Philadelphia, as they're elected represent. We don't wait until Governors or Mayors tell us what to do. We have a responsibility to our constituents to express our opinion and then to fight for that, and that's what I intend to do. (Applause.)
Councilman, I don't want to get into a spirited debate with you, because I surely would lose.
I'm simply suggesting that given the fact that we have a money problem on the state level, on the national level, on the municipal level, that we sit down and have some reasonable dialog before we bankrupt the City. That's all I'm asking you to do.
Well, how come with growing deficits with the elimination of surplus at the federal level, the President of the United States is still calling for tax cuts for the rich? I mean, that's happening now, and we're not getting 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE any tax relief for working people. It's about time we got some tax relief. And it won't bankrupt Philadelphia. As I said before, it's going to strengthen particularly your district, the non-affluent part of your district -- Councilman Clarke has a district of both rich and poor. He probably combines the -- he has in his district the richest part Philadelphia and the poorest. But for the poorest areas we need this. We've got to strengthen our neighborhoods because we have, not only loss the jobs in the City, we have the loss of people.
The Chair recognizes Councilman Goode for a point of order.
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. THE
Councilman Clarke. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE
Councilwoman Reynolds Brown. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE
Aye. The ayes are 11, the nays are 5. The majority of all members having voted in the affirmative, the bill passes. (Applause.)
The next bill to be called up is Bill No. 020076. THE
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to Section 2-102 of the Philadelphia Home Rule Charter related to redistricting of the City to revise the boundaries of the councilmanic districts after each decennial census.
Thank you, Madam 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE President. Madam President, with regard to Bill 020076, Madam President, we know from the earlier vote on Resolution 020084 that those are companion bills to each other; it's a bill and a resolution. What I'm asking at the moment, Madam President, is if we could hold Bill 020076. And what I would ask is, because of a number of questions were raised by my colleagues, if I could subsequently make a motion to ask for a reconsideration of the vote on Resolution 020084 in order to allow that resolution to be placed back on the Calendar. And I understand that at that point I need to have further conversation with Councilmembers about some of the particulars of the redistricting resolution. So I make that motion for reconsideration of the vote on Resolution 020084 for the purpose of putting it back on the Calendar. (Duly seconded.)
It has been moved and seconded that Resolution 020084 be reconsidered and it be placed on the Calendar again. All in favor will say aye. (Aye.)
Those opposed? 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE (No response.)
The ayes have it, and the motion carries. Councilman Nutter, it's your request then that both the resolution and the bill be held on the Calendar?
Yes, Madam President. Given the vote and the discussion with my colleagues, I am not asking for a vote on Resolution 020084. The previous motion was just for reconsideration of that vote in order to allow the resolution to be placed back on the Calendar available for subsequent action at another point in time, but not today.
Understood. Thank you very much. The Clerk will now read Bill No. 020621. THE
An ordinance amending Title 2 Philadelphia Code, entitled "City County Consolidation," by abolishing the Board of Revision of Taxes and reassigning its powers, functions and duties to three newly created City agencies to be known as the Board of Property Assessment Appeals and Review, the Property Assessment Oversight Board, 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE and the Office of Property Assessment, all under terms and conditions.
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 -I'm sorry.
I'd like to on the record ask Councilman Nutter, the sponsor to hold this for a week.
Councilman O'Neill, thank you very much for your question. I know that you and I had an opportunity to talk very briefly about this. And under the circumstances and given the number of things that we've done here today, I would certainly be pleased to accommodate the request for a one-week delay on this particular matter, and I look forward to any opportunity that we might have to further discuss the matter. Thank you.
Thank you. So Bill 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE No. 020621 will be held. The Clerk will please read the title of Bill No. 020810. THE
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to Section 6-400 of the Philadelphia Home Rule Charter, relating to authorized audits by the auditing department of certain agencies performing services or receiving funding from the City.
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. THE
Councilman Goode. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE
Is Councilwoman Miller in the room? (No response.)
Aye. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE THE
Aye. The ayes are 15, the nays are zero. A majority of all members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 030016. THE
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to the Philadelphia Home Rule Charter relating to the composition of the Board of Pensions and Retirement.
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. THE
Aye. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE THE
Councilwoman 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE Reynolds Brown.
Aye. The ayes are 15, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 030097. THE
An ordinance amending Title 17 of the Philadelphia Code, entitled "Contracts and Procurement," by adding a new Section 17-109 entitled "Local Bidding Preferences," providing for an establishment of a bidding preference on City contracts for Philadelphia businesses, all under certain terms and conditions.
This bill having been read on two different days, the question now is shall the bill pass finally? 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE The Clerk will please call the roll. THE
Councilman O'Neill. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE
Aye. The ayes are 15, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 030098. THE
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to the Philadelphia Home Rule Charter to establish that a bid preference can be allowed in the awarding of public contracts to Philadelphia firms. 05/01/03 - 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. THE
(No response). 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE THE
Aye. The ayes are 15, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 030178. THE
An ordinance providing for the submission to the qualified electors of City of Philadelphia of an amendment to Section 5-300 of 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE the Philadelphia Home Rule Charter by adding a new subsection as approved by resolution of the City Council requiring the Health Department to prepare a plan for universal health care coverage that permits everyone in the City of Philadelphia to obtain decent healthcare on a regular basis.
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. THE
Councilwoman 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE Krajewski.
Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE the affirmative, the bill passes. (Applause.)
Thank you, Madam President. I would like to be recorded as voting aye on those bills that I missed on . I don't whether it's the entire page.
The record will reflect that Councilwoman Miller is voting aye on Bill Nos. 020810, 030016, 030097, 030098. The Clerk will please read the title of Bill No. 030220. THE
An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to the Philadelphia Home Rule Charter creating Office of the Insurance Public Advocate as approved by resolution of the City Council .
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. THE
Councilwoman 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE Blackwell.
Madam President, I abstain for the aforementioned reasons. THE
Councilman O'Neill. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE
Aye. The ayes are 14 and there are 2 abstentions. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 020809. THE
An ordinance amending Title 9 of the Philadelphia Code relating to regulation of business trades and professions by amending Chapter 9-1300, entitled "Home Inspection Business," by making certain changes to license requirements, the license fee, the required conduct, 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE and other provisions, all under certain terms and conditions.
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. THE
Aye. 05/01/03 - STATED - 2ND READING AND FINAL PASSAGE THE
Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in the affirmative, the bill passes. Concludes our Calendar for today. Are there any speeches on the part of the Minority. (No response.)
Are there any speeches on the part of the majority? The Chair recognizes Councilman Ortiz.
Thank you, Madam Chair. Madam Chair, today at 12:01 this morning, the United States navy left the island of Vieques forever. (Applause.)
After 60 years of constant bombardment, military practices, destruction of the environment, the fauna, the sea, United States turned over those lands that they were using for those practices to the people of Puerto Rico. This City Council in 1993, I think it was, was the first City Council in the United States to pass a resolution asking for the Navy withdrawal and the secession of those practices. Today my friends on the island of Vieques and Puerto Ricans all over the United States are rejoicing. And the only thing that could have kept me from being there with them in this celebration is the fact that we are now in the middle of primary. But to thank President George Bush for keeping the promise that he made once he took office.
Madam President, I never thought I would be alive even into well toward the next century before I would hear Councilman Ortiz praise President Bush. (Laughter.)
But congratulations, Councilman Ortiz. You worked hard and Puerto Rico has and they've won and it's a great thing for people everywhere, not only for Puerto Rico. So we salute you. But Madam President, I would like to yield the balance of my time to Lynn Collins, a tenant of Dignity Housing. It's a fine institution that is being threatened with non-survival. If they may have two minutes to address us, I would very much appreciate it, Madam President.
The Chair recognizes Councilman Kenney for a point of order.
Thank you, Madam President. I just want to remind Members of the Rules Committee, we'll be starting at 1:00 in about 15 minutes and I wish you would hang around and be available so we can get started on time. Thank you.
Madam President and to all the Members of Council, I'm a resident of Dignity Housing who is in trouble of losing their funding, $250,000. We're going to be facing seeing women and children out on the street if we don't get this money. This is a program that has helped me to find a way to self-sufficiency and it has given me a reason to have dignity again, to want to become a law abiding citizen and to want to vote and to want to do the right thing. And what we're asking is that City Council give some consideration. We all have children and we can't see any of them out on the street. We feel one child that is homeless is one child too many. And we're just asking for consideration that $250,000 to just please help us to save our program.
Thank you very much. We're all in favor of the Dignity Housing. And I think that your group should come in at the hearings for OHCD, and I urge you to do that. The Chair recognizes Councilwoman Tasco for a motion.
Thank you, Madam president. And just to say to those people who are here from Dignity that Councilwoman Miller and my office both have been -- both offices along with Council offices have been working with the Administration of Dignity to see how we work this out. So all Councilmembers are aware of this, as the President said. But a number our of Councilmembers are working with Dignity on this. . (Applause.)
I move that Council stand adjourned until Thursday, May 8 at 10:00 a.m. (Duly seconded.)
It has been moved and properly seconded that Council stand adjourned until Thursday, May 8th at 10:00 a.m. All in favor will say aye. (Aye.)
The ayes have it, and the motion carries. (Council adjourned at 12:48 p.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 May 1, 2003, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED ___________________________ Lisa C. Bradley, RPR and Notary Public