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Minutes

Stated Meeting, May 1, 2003

Philadelphia City CouncilMay 1, 2003

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

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

Councilwoman Verna

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.

Father Avery

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.

Councilwoman Verna

The Chair thanks Father Avery for his very inspiring invocation. Council will be at ease. (Council at ease.)

Councilwoman Verna

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.

Councilwoman Blackwell

Thank you, Madam President. I move that the Journal of the meeting of Friday, April 25, 2003 stand approved. (Duly seconded.)

Councilwoman Verna

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.)

Councilwoman Verna

Those opposed? (No response.)

Councilwoman Verna

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.

Councilwoman Blackwell

Thank you, Madam President. There are no requests for leaves of absence on the part of the Majority.

Councilwoman Verna

The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, on behalf of the Republicans, there are no requests for leaves of absence.

Councilwoman Verna

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

Chief Clerk

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.

Councilwoman Verna

The messages will be printed in the Journal. The Chief Clerk will please read any other communications in her possession. THE

Chief Clerk

That's all I have, Madam President.

Councilwoman Verna

Thank you. The next order of business is the introduction of bills and resolutions. And the Chair recognizes Councilwoman Blackwell.

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.)

Councilwoman Verna

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.)

Council President Verna

Those opposed? (No response.)

Councilwoman Verna

The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. I have no bills or resolutions today.

Councilwoman Verna

The Chair thanks the gentleman. The Chair recognizes Councilwoman Blackwell.

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.

Councilwoman Verna

Thank you. The Clerk will please read the title of the first bill. THE

Chief Clerk

An ordinance approving AND RESOLUTIONS the 1st Amendment of the Redevelopment Proposal for the Kingsessing Urban Renewal Area.

Council President Verna

This bill will be referred to the appropriate committee. THE

Chief Clerk

And an ordinance approving the 5th Amendment of the Redevelopment Proposal for the Franklin Urban Renewal Area.

Council President Verna

The bill will be referred to the appropriate committee. THE

Chief Clerk

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.

Councilwoman Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. I move for the adoption. (Duly seconded.)

Councilwoman Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.) AND RESOLUTIONS

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. THE

Chief Clerk

And an ordinance approving the 1st Amendment of Redevelopment Proposal 45 and Samson Urban Renewal Area.

Council President Verna

The bill will be referred to the appropriate committee. THE

Chief Clerk

And an ordinance approving the 8th Amendment of the Redevelopment Proposal for the West Mill Creek Urban Renewal Area.

Council President Verna

This bill will be referred to the appropriate committee. THE

Chief Clerk

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.

Council President Verna

The bill will be referred to the appropriate committee. THE

Chief Clerk

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.

Council President Verna

This resolution will be referred to the appropriate committee. The Chair recognizes Cohen.

Councilman Cohen

Madam President, I have no bills or resolutions today.

Council President Verna

The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.

Councilwoman Krajewski

Madam President, I have no bills or resolutions.

Councilwoman Verna

Thank you. The Chair recognizes Councilman Mariano.

Councilman Mariano

I have three bills.

Council President Verna

The Clerk will please read the title of the first bill. THE

Chief Clerk

An ordinance approving the Redevelopment Proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the Fairhill Renewal Area

Council President Verna

The bill will AND RESOLUTIONS be referred to the appropriate committee. THE

Chief Clerk

And ordinance Redevelopment proposal of Redevelopment Authority of the City of Philadelphia for the Redevelopment of the Frankford Creek Urban Renewal Area.

Council President Verna

This bill will be referred to the appropriate committee. THE

Chief Clerk

And an ordinance approving the 2nd Amendment of the Redevelopment Proposal for the American Street Industrial Corridor Urban Renewal Area.

Council President Verna

This bill will also be referred to the appropriate committee. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Madam President, I have no bills or resolutions today.

Councilwoman Verna

Thank you. The Chair recognizes Councilwoman Miller.

Councilwoman Miller

Thank you, Madam President. I have two bills.

Councilwoman Verna

The Clerk will please read the title of the first bill. THE

Chief Clerk

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.

Council President Verna

The bill will be referred to the appropriate committee. THE

Chief Clerk

And an ordinance approving the Redevelopment Proposal of the Redevelopment Authority of the City of Philadelphia for the redevelopment Tioga Urban Renewal Area.

Council President Verna

This bill will be referred to the appropriate committee. The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. I offer one bill and two privileged resolutions.

Councilwoman Verna

Thank you. The Clerk will please read the title of the bill. THE

Chief Clerk

An ordinance approving the 1st Amendment of the Redevelopment Proposal West Parkside Urban Renewal Area.

Council President Verna

The bill will be referred to the appropriate committee. THE

Chief Clerk

And a resolution honoring Rabbi Henry Cohen. AND RESOLUTIONS THE

Chief Clerk

And Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. I move the adoption of the resolution. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Clerk will please read the title of the second resolution. THE

Chief Clerk

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.

Councilwoman Verna

The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. I move the adoption of the resolution. AND RESOLUTIONS (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. I offer one resolution this morning.

Council President Verna

The Clerk will please read the title of the resolution. THE

Chief Clerk

A resolution honoring Kevin Millwood for his no-hitter on April 27, 2003.

Councilwoman Verna

The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. I move for the adoption. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the resolution be AND RESOLUTIONS adopted. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. The Chair recognizes Councilman Goode.

Councilman Goode

Thank you, Madam President. I have no bills or resolutions.

Council President Verna

The Chair thanks the gentleman. The Chair recognizes Councilman Ortiz.

Councilman Ortiz

Thank you, Madam President. No bills or resolutions today.

Councilwoman Verna

Thank you. The Chair recognizes Councilman DiCicco.

Councilman Dicicco

Thank you, Madam President. I offer five bills.

Councilwoman Verna

Thank you. The Clerk will please read the title of the first bill. THE

Chief Clerk

An ordinance approving the 10th Amending of the Redevelopment Proposal for AND RESOLUTIONS the Whitman Urban Renewal Area.

Council President Verna

This bill will be referred to the appropriate committee. THE

Chief Clerk

And an ordinance approving the 1st Amendment of the Redevelopment Proposal for the Jefferson Square Urban Renewal Area.

Council President Verna

The bill will be referred to the appropriate committee. THE

Chief Clerk

And an ordinance approving the 11th Amendment of the Redevelopment Proposal for the Mantua Urban Renewal Area.

Council President Verna

This bill will be referred to the appropriate committee. THE

Chief Clerk

And an ordinance approving the 4th Amendment of the Redevelopment Proposal for the New Kensington and Fishtown Urban Renewal Area.

Council President Verna

The bill will be referred to the appropriate committee. THE

Chief Clerk

And an ordinance approving the 14th Amendment of the Redevelopment proposal for the South Central Urban Renewal Area

Council President Verna

This bill will AND RESOLUTIONS be referred to the appropriate committee. And the Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, I offer one bill cosponsored by all Members of Council.

Councilwoman Verna

The Clerk will please read the title of the bill. THE

Chief Clerk

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.

Council President Verna

This bill will be referred to the appropriate committee. The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. I have four bills.

Councilwoman Verna

The Clerk will please read the title of the first bill. THE

Chief Clerk

An ordinance approving the 11th Amendment of the Redevelopment Proposal for the Cecil B. Moore Urban Renewal Area.

Council President Verna

This bill will AND RESOLUTIONS be referred to the appropriate committee. THE

Chief Clerk

And an ordinance approving the first amendment of the redevelopment proposal for the Brewerytown Urban Renewal Area.

Council President Verna

This bill will be referred to the appropriate committee. THE

Chief Clerk

And an ordinance approving the 31st Amendment to the Redevelopment Proposal for the Model Cities Urban Renewal Area.

Council President Verna

The bill will be referred to the appropriate committee. THE

Chief Clerk

And an ordinance approving the 7th Amendment of the Redevelopment Proposal for the Southwest Temple Urban Renewal Area.

Council President Verna

This bill will be referred to the appropriate committee. The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Madam President, no bills or resolutions.

Council President Verna

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.

Councilman Cohen

Madam President, the Committee on Law and Government, after conducting the investigation authorized pursuant to a previous resolution, issues this report.

Councilwoman Verna

The Chief Clerk will please read the report. THE

Chief Clerk

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.

Councilwoman Verna

The Chair recognizes Councilman Cohen.

Councilman Cohen

Madam President, I offer the report and move its adoption by the City Council.

Councilwoman Verna

Do I hear a second? (Duly seconded.)

Council President Verna

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.)

Councilwoman Verna

Those opposed? (No response.)

Councilwoman Verna

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.

Councilman Dicicco

Thank you, Madam President. The Committee on Streets and Services reports eight bills with a favorable recommendation.

Councilwoman Verna

The Chief Clerk will please read the report. THE

Chief Clerk

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.

Councilwoman Verna

The Chair recognizes Councilman DiCicco.

Councilman Dicicco

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.)

Councilwoman Verna

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.)

Councilwoman Verna

Those opposed? (No response.)

Council President Verna

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.

Councilman Nutter

Thank you, Madam President. I move that Council reconsider Bill No. 030014 which was approved by Council on April 3, 2003.

Council President Verna

Is there a second? (Duly seconded.)

Councilwoman Verna

All in favor, let it be known by saying aye. (Aye.)

Councilwoman Verna

Those opposed? (No response.)

Councilwoman Verna

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

Chief Clerk

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.

Councilwoman Verna

Thank you. The Chair recognizes Councilman Kenney for a point of information.

Councilman Kenney

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.

Councilman Nutter

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.

Councilman Nutter

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.

Councilman Nutter

"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.

The Chairman

Thank you. The chair recognizes Councilwoman Brown.

Councilwoman Brown

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?

Councilman Nutter

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 Brown

If the bill gets State authorization, correct?

Councilman Nutter

Councilwoman, my position is that the bill does not need State authorization. That's my position.

Councilwoman Brown

Thank you, colleague. Thank you, Madam President.

Councilwoman Verna

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.

Chief Clerk

Councilwoman Blackwell.

Council President Verna

Again, a vote of aye will be override. Councilwoman Blackwell, how do you vote.

Councilwoman Blackwell

No. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

No. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

No. THE

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

No. THE

Chief Clerk

Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds-Brown.

Councilwoman Brown

No. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

No. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

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?

Councilwoman Blackwell

Thank you, Madam President. I introduce one bill on your behalf.

Councilwoman Verna

Thank you. please read the title of the bill. THE

Chief Clerk

An ordinance approving the 3rd Amendment of the Redevelopment Proposal for the Point Breeze East Urban Renewal Area.

Council President Verna

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

Chief Clerk

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.

Council President Verna

The Chair agrees. THE

Chief Clerk

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.

Council President Verna

The Chair agrees. THE

Chief Clerk

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.

Council President Verna

The Chair agrees. THE

Chief Clerk

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.

Council President Verna

The Chair agrees. THE

Chief Clerk

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