civus
Minutes

Stated Meeting, October 16, 2003

Philadelphia City CouncilOct 16, 2003

Properties mentioned in this record

Addresses spoken or written in this record, resolved to their property pages. Mentions with a timestamp jump to the exact moment.

Legislation acted on in this session

From the City of Philadelphia’s legislative record (Legistar). Each file links to its status, roll call, and official documents.

  • Amending Chapter 19-1800 of The Philadelphia Code, entitled "School Tax Authorization," by adding a new Section 19-1801.1 providing for a cap on tax increases, under certain terms…

  • Amending Chapter 19-1800 of The Philadelphia Code, entitled "School Tax Authorization," by adding a new Section 19-1801.1 providing for a cap on tax increases, under certain terms…

  • Bill 030483ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR

    Amending Title 14 of The Philadelphia Code relating to "Zoning and Planning" by amending Chapter 14-200 entitled "Residential Districts" by repealing Section 14-202 entitled "R-1 R…

  • Bill 030483SUSPEND THE RULES OF THE COUNCIL

    Amending Title 14 of The Philadelphia Code relating to "Zoning and Planning" by amending Chapter 14-200 entitled "Residential Districts" by repealing Section 14-202 entitled "R-1 R…

  • Bill 030483ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR

    Amending Title 14 of The Philadelphia Code relating to "Zoning and Planning" by amending Chapter 14-200 entitled "Residential Districts" by repealing Section 14-202 entitled "R-1 R…

  • Amending Title 9 of The Philadelphia Code ("Regulation of Businesses, Trades and Professions"), by amending Section 9-605 ("Towing") to establish specific limits to the amounts tha…

  • Amending Title 9 of The Philadelphia Code ("Regulation of Businesses, Trades and Professions"), by amending Section 9-605 ("Towing") to establish specific limits to the amounts tha…

  • Amending Chapter 19-2600 of The Philadelphia Code, entitled "Business Privilege Taxes," by making permanent and expanding the pilot program under which a credit against business pr…

  • Amending Chapter 19-2600 of The Philadelphia Code, entitled "Business Privilege Taxes," by making permanent and expanding the pilot program under which a credit against business pr…

  • Amending Bill No. 030003 (approved June 5, 2003), entitled "An Ordinance to adopt a Fiscal 2004 Capital Budget," by providing for certain terms and conditions relating to the 2004…

  • Amending Bill No. 030003 (approved June 5, 2003), entitled "An Ordinance to adopt a Fiscal 2004 Capital Budget," by providing for certain terms and conditions relating to the 2004…

  • Bill 030612ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR

    Authorizing Neighborhood Improvement District Management Associations to provide for interest to accrue upon assessment fees levied on property owners within a Neighborhood Improve…

+13 more substantive items

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, October 16, 2003 10:20 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANGEL L. ORTIZ COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670

Council President Verna

I note that the hour that is come and that a quorum of this Council is present. The Council will please come to order. Members and visitors will please take their seats. To give our invocation this morning, the Chair welcomes the Reverend Robin Heineka (ph) of the Frankford Group Ministries. He is here today as the guest of Councilman Mariano. All members and guests will please rise.

Reverend Heineka

Thank you and good morning. Let us pray together. Precious Lord, take our hands. Lead us on into the City with wisdom and with justice, with hope and with love. Give us courage to speak our minds and to do the work that brings joy and justice to all citizens of this great City. Bless this Council, their staffs, their constituents and all the citizens and residents of this City. May we come together and be the City that is a City on the hill, set in light, bringing hope to all of the world. This we pray. Amen.

Council President Verna

The Chair thanks the Reverend for his very inspiring will be at ease. (Council at ease.)

Council President Verna

The next order of business is the approval of the Journal of the meeting of October 9, 2003. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you. I move that the Journal of the meeting of Thursday, October 9, 2003, stand approved. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Journal of the meeting of Thursday, October 9, 2003, stand approved. All in favor will signify by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. The motion carries, and the Journal of the meeting of Thursday, October 9, 2003, is approved. The next order of business is requests of absence. And again, the Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. On behalf of the Majority, there are no requests for leaves of absence.

Council President 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 leave of absence.

Council President Verna

Thank you. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all Members of City Council, I welcome you to our Council Session. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. We certainly invite you to come again. Councilwoman Blackwell, did you want to recognize a visitor?

Councilwoman Blackwell

Thank you, Unfortunately, my visitor has been delayed. I will let you know when he arrives.

Council President Verna

Thank you. The next order of business is communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the Clerk. The Clerk will please read the messages from the Mayor. THE

Chief Clerk

To the President and Members of the Council of the City of Philadelphia, I am pleased to advise you that on October 15, 2003, I signed Bill No. 030487 that was passed by Council at its session on October 2, 2003.

Council President Verna

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

Chief Clerk

That's all I have, Madam President.

Council President Verna

Thank you. The next order of business is the introduction of bills and resolutions. & RESOLUTIONS The Chair recognizes Councilwoman Blackwell for a motion.

Councilwoman Blackwell

Thank you, Madam President. I move that the Rules of Council be suspended so as to permit the immediate consideration of resolutions at their time of introduction. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor of the motion will indicate 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 Kenney.

Councilman Kenney

Thank you, Madam President. I offer one resolution.

Council President Verna

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

Chief Clerk

A resolution mourning the death and honoring the memory of Andrew Farnese.

Council President Verna

The Chair recognizes Councilman Kenney.

Councilman Kenney

Madam President, I move the adoption of the resolution by a standing vote.

Council President Verna

All those standing will be voting in the affirmative. (Unanimous standing vote.)

Council President Verna

The resolution has been adopted. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. This morning I offer two resolutions.

Council President Verna

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

Chief Clerk

A resolution honoring the Children's Hospital of Philadelphia.

Council President Verna

The Chair recognizes Councilwoman Blackwell. & RESOLUTIONS

Councilwoman Blackwell

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 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 resolution is adopted. THE

Chief Clerk

And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 6th Ward of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

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 & 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 resolution has been adopted. The Chair at this time recognizes Councilman Cohen.

Councilman Cohen

Madam President, I have no bills or resolutions.

Council President Verna

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

Councilwoman Krajewski

Madam President, I have no bills.

Council President Verna

Thank you. The Chair recognizes Councilman Mariano.

Councilman Mariano

Madam President, one bill.

Council President Verna

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

Chief Clerk

An ordinance to amend & RESOLUTIONS the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Second Street, Turner Street, Hancock Street and Oxford Street.

Council President Verna

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

Councilwoman Tasco

Madam Chair, I offer one bill.

Council President Verna

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

Chief Clerk

An ordinance amending Section 9-205 of the Philadelphia Code relating to sidewalk sides by restricting the prohibition of sidewalk sales on that portion of the south side of 900 West Nedro Avenue beginning and extending east from south side of 1000 for a distance of 77 feet.

Council President Verna

The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Miller.

Councilwoman Miller

Thank you, Madam President. I offer one resolution.

Council President Verna

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

Chief Clerk

A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 13th Ward of the City of Philadelphia.

Council President Verna

The Chair recognizes Councilwoman Miller.

Councilwoman Miller

I move for 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 indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the resolution has been adopted. The Chair recognizes Councilman Nutter.

Councilman Nutter

Madam President, I offer one bill. & RESOLUTIONS

Council President Verna

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

Chief Clerk

An ordinance amending Section 2 of an ordinance, Bill No. 010268, approved August 31, 2001, entitled an ordinance authorizing the vacating of River Road from a point approximately 10 feet southwest of the Philadelphia/Montgomery County line.

Council President Verna

The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.

Councilwoman Brown

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

Council President Verna

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

Chief Clerk

A resolution honoring and commending Judge Glenda Hatchet^ CK.

Council President Verna

The Chair recognizes Councilwoman Brown.

Councilwoman Brown

I move for the adoption. (Duly seconded.)

Council President Verna

It has been & RESOLUTIONS 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 resolution has been adopted. 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. I have no bills or resolutions.

Council President Verna

Thank you. The Chair recognizes Councilman DiCicco.

Councilman Dicicco

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

Council President Verna

Thank you. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Madam President, I have no bills or resolutions. & RESOLUTIONS

Council President Verna

The Chair at this time recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. I have one resolution.

Council President Verna

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

Chief Clerk

A resolution agreeing to participate in a Boyd Theater Tax Increment Financing District.

Council President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

I move for the adoption. (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 resolution has been adopted. The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Madam President, I have one resolution on your behalf.

Council President Verna

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

Chief Clerk

A resolution honoring Kenneth G. Lawrence, Chairman of PECO Energy Company.

Council President Verna

The Chair recognizes Councilman Rizzo.

Councilman Rizzo

I move for the adoption of this resolution. (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 resolution has been adopted. The next order of business is reports from committees. And the Chair recognizes Councilman from the Committee on Rules.

Councilman Kenney

Thank you, Madam President. The Committee on Rules reports three bills out with a favorable recommendations.

Council President Verna

The Clerk will please read the report. THE

Chief Clerk

The the President and Members of the Council of the City of Philadelphia, the Committee on Rules to which was referred Bill No. 030483, entitled an ordinance amending Title 14 of the Philadelphia Code relating to "Zoning and Planning" by amending Chapter 14-200 entitled "Residential District," and by amending Chapter 14-1400 entitled "Parking and Loading Facilities," by making certain technical amendments to Section 14-1401, all under certain terms and conditions; And Bill No. 030612, entitled an ordinance authorizing Neighborhood Improvement District Management Associations to provide for interest to accrue upon assessment fees levied on property owners within a Neighborhood Improvement District; And Bill No. 030617, entitled an ordinance amending Title 14 of the Philadelphia Code, relating to "Zoning and Planning," by adding a new Section 14-1607.1, entitled "Special Controls for Chestnut Street," under certain terms and conditions; Respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.

Council President Verna

The Chair, again, recognizes Councilman Kenney.

Councilman Kenney

Madam President, I move the Rules of Council be suspended so as to permit first reading this day of Bill Nos. 030438, 030612 and 030617.

Council President Verna

Do I hear a second. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill Nos. 030483, 030612 and 030617. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the bills just read will be placed on today's First Reading Calendar. That concludes Committee reports. Our next item of business is consideration of the Calendar. The Clerk will please read the bills on the First Reading Calendar. THE

Chief Clerk

Bill No. 030483, an ordinance amending Title 14 of the Philadelphia Code relating to "Zoning and Planning" by amending Chapter 14-200 entitled "Residential District," and by amending Chapter 14-1400 entitled "Parking and Loading Facilities," by making certain technical amendments to Section 14-1401, all under certain terms and conditions

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030612, an ordinance authorizing Neighborhood Improvement District Management Associations to provide for interest to accrue upon assessment fees levied on property owners if such fees are not paid when due 10/16/03 - STATED - 2ND READING & FINAL PASSAGE and authorizing liens to be filed for nonpayment of such interest, all under certain terms and conditions.

Council President Verna

The Chair agrees. THE

Chief Clerk

And Bill No. 030617, an ordinance amending Title 14 of the Philadelphia Code, relating to "Zoning and Planning," by adding a new Section 14-1607.1, entitled "Special Controls for Chestnut Street," under certain terms and conditions.

Council President Verna

The Chair agrees. That completes the First Reading Calendar. The Chair now recognizes Councilwoman Blackwell for the purpose of calling up the bills on the Second Reading and Final Passage Calendar to be considered today.

Councilwoman Blackwell

Thank you, Madam President. Today Bill Nos. 030251, 030641, 030611, 030557, and 030561 are being called up for second reading and final passage. All other bills are being held. 10/16/03 - STATED - 2ND READING & FINAL PASSAGE

Council President Verna

Thank you. The Clerk will please read the title of the first bill. I believe it's Bill No. 030251. THE

Chief Clerk

An ordinance amending Chapter 19-1800 of the Philadelphia Code, entitled "School Tax Authorization," by adding a new Section 19-1801 providing for cap on tax increases, under certain terms and conditions. Before we vote, the Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. I wish to speak on this bill. Given the very tangible and, in my view, favorable reforms that are under way at the Philadelphia Public School System and given the release of the recent recommendations by the Tax Review Commission, I continue to remain completely non-supportive of any measures that directly or indirectly remove Monday from the Philadelphia Public School System now and/or in the future. So I will be voting no on this bill.

Council President Verna

Thank you. Does anyone else want to be recognized on this bill? This is Councilman O'Neill's bill, 10/16/03 - STATED - 2ND READING & FINAL PASSAGE it's on , Bill 030251. (No response.)

Council President Verna

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

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Madam President, just one moment. Thank you. (Pause.)

Council President Verna

The Clerk will please call the roll. THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

No. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

No. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Yes. THE

Chief Clerk

Councilman Goode.

Councilman Goode

No. 10/16/03 - STATED - 2ND READING & FINAL PASSAGE THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye. THE

Chief Clerk

Councilman Mariano.

Councilman Mariano

Aye. THE

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

No. THE

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. THE

Chief Clerk

Councilman O'Neill.

Councilman O'Neill

Aye. THE

Chief Clerk

Councilman Ortiz.

Councilman Ortiz

No. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Reynolds Brown

No. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

No. THE

Chief Clerk

Council President Verna. 10/16/03 - STATED - 2ND READING & FINAL PASSAGE

Council President Verna

Aye.. I believe the vote is 8-8. The motion fails. The Clerk will please read the title of Bill No. 030641. THE

Chief Clerk

An ordinance amending Chapter 20-300 of the Philadelphia Code entitled "Compensation," increasing the salaries of elected city officials and amending the provisions for annual cost of living salary adjustments, all under certain terms and conditions.

Council President Verna

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

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

Aye. (Councilman 10/16/03 - STATED - 2ND READING & FINAL PASSAGE DiCicco recorded as voting no. Please refer to , Line 2.) THE

Chief Clerk

Councilman Goode.

Councilman Goode

No. THE

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

No.

Councilman Dicicco

Madam President, I'd like to change my vote to no. I apologize. I was involved in a conversation with my colleague.

Council President Verna

Very well. Please proceed. 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. 10/16/03 - STATED - 2ND READING & FINAL PASSAGE THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Reynolds Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 12, the nays are 4. A majority of all Members having voted in the affirmative, the bill passes. The Clerk will please read the title of Bill No. 030611. THE

Chief Clerk

An ordinance amending Bill No. 030003, approved June 5, 2003, entitled an ordinance to adopt the Fiscal 2004 Capital Budget by providing for certain terms and conditions relating to the 2004 Capital Budget.

Council President Verna

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. 10/16/03 - STATED - 2ND READING & FINAL PASSAGE THE

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. 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

Aye. 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

Aye. 10/16/03 - STATED - 2ND READING & FINAL PASSAGE THE

Chief Clerk

Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Reynolds Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for consideration is Bill No. 030557. THE

Chief Clerk

An ordinance amending Title 9 of the Philadelphia Code by amending Section 9-605 "towing" to establish specific limits to the amounts that may be charged by towing illegally parking vehicles from parking lots, private property, and driveways, all under certain terms and conditions. 10/16/03 - STATED - 2ND READING & FINAL PASSAGE

Council President Verna

This bill having been read on two different days, the question now is shall the bill pass finally? The Chair recognizes Councilman Cohen.

Councilman Cohen

I would just like to ask the sponsor of the bill to outline briefly the provisions of the bill.

Council President Verna

Councilman Mariano.

Councilman Cohen

I just wanted to know what the substance of the bill was.

Councilman Mariano

We're just raising the limits where they can charge $150 for a tow.

Councilman Cohen

What impact does it have on people whose cars that are involved in accidents?

Councilman Mariano

None whatsoever. If they take that car and tow it to a -- say a tow-er takes it to a body shop. Say it was an accident on the Boulevard and they take to a body shop. It limits how much they can charge. We've had a complaints -- and actually, this came from L & I. It was one where people were charging all these exorbitant rates, you know, giving them 10/16/03 - STATED - 2ND READING & FINAL PASSAGE wenching fees and $50 to put on the car on the hook, $50 for a mile. Now it's 150, that's the max they can charge and that's it for a tow. It's actually a good consumer bill. Lance Haver testified in favor of it at the hearing the other day. You can trust me, Councilman, I'd never lie to you.

Council President Verna

The Clerk will please call the roll.

Council President Verna

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

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye. THE

Chief Clerk

Councilman DiCicco.

Councilman Dicicco

No. THE

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. THE

Chief Clerk

Councilman Kenney. 10/16/03 - STATED - 2ND READING & FINAL PASSAGE

Councilman Kenney

Aye. THE

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye. 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

Aye. THE

Chief Clerk

Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Reynolds Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye. THE

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. 10/16/03 - STATED - 2ND READING & FINAL PASSAGE The ayes are 15, the nays are 1. A majority of all Members having voted in the affirmative, the bill passes. The final bill to be called for consideration is Bill No. 030561. THE

Chief Clerk

An ordinance amending Chapter 19-2600 of the Philadelphia Code entitled "Business Privilege Taxes," by making permanent and expanding the pilot program under which a credit against business privilege taxes is given to certain businesses that contribute monies to the community development corporations, all under certain terms and conditions.

Council President Verna

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

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye. THE

Chief Clerk

Councilman Clarke.

Councilman Clarke

Aye. THE

Chief Clerk

Councilman Cohen.

Councilman Cohen

Aye.

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

Aye. 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

Aye. THE

Chief Clerk

Councilman Ortiz.

Councilman Ortiz

Aye. THE

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Reynolds Brown

Aye. THE

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. THE

Chief Clerk

Council President Verna.

Council President Verna

Aye. The ayes are 16, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. That concludes the Calendar for today. Are there any speeches on the part of the Minority? (No response.)

Council President Verna

Are there speeches on the part of the Majority? The Chair recognizes Councilman DiCicco.

Councilman Dicicco

Thank you, Madam President. I want to remind my colleagues about the Community Court luncheon today at 1401 Arch Street, 2nd Floor. Thank you.

Council President Verna

Thank you. The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. I would like to call to the attention of my colleagues and those of us who care about our of Philadelphia has reached a benchmark in that we are halfway through the completion of the strategic plan. As our Park Commissioner and park enthusiast Ms. Mary Mason and others can contest, the consultant team has met with hundreds of stakeholders on this matter and conducted dozen and dozen of interviews. This fall we expect the completion of the review, and early next year we expect a tangible, written document that we can then look to to see what they are recommending for making the Philadelphia Fairmount Park a premiere park of our country. So the newsletter on our desk provides more detailed information, but I wanted to seize this moment to alert my colleagues that we're halfway through the completion of the strategic plan. Thank you, Madam President.

Council President Verna

Thank you. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. My guest has arrived just before we end, and I would ask everyone to look to the right. Many of you remember such shows as "Amen" He is now a minister who is visiting our City until Election Day. He's just a wonderful inspirational speaker and impassioned person, and that is the Reverend Clifton Davis. (Applause.)

Council President Verna

Welcome. I think you're being asked to say a few words. If you would just come to the podium, please. (Applause.)

Reverend Davis

To the Honorable Members of the City Council, Council President and to all those present here today, it is a thrill for me to be in the City of Philadelphia. I have a heart for the City of Philadelphia, both literally and figuratively. For in the year 1965 when open heart surgery was a very dangerous and very costly affair, I received open heart surgery right downtown at Jefferson Medical College Hospital. And as a result of it, my life was elongated, because had I not had that surgery, I would have not lived to the age of 40. And I am proud to say I'm a couple years over 40. I'm thrilled to come and see that the business of the City is in very strong and very glad to see that the City has moved forward over the years, just to see the changes in the community, the new housing and buildings that have gone up very near Center City, to see the attitude of the people who feel safer on the streets because I see them in restaurants, on the sidewalk. It wasn't like that back in the day. So there's an attitude of security here in the City of Philadelphia which is largely due to your great work and the work your Mayor. I am thrilled to be a part of this City, and I am seriously considering relocating back to the City of Philadelphia. (Applause.)

Reverend Davis

And giving support for the wonderful work that you're doing and letting those people know that my faith is strong enough to believe that there's a God who cares about government, a God to cares about people. And when we have that same sensitivity, we can do nothing but what is right for the City of Philadelphia. Thank you. (Applause.)

Council President Verna

Thank you. Cohen.

Councilman Cohen

Thank you, Madam President. When the tax reform proposal was before City Council, I guess I was probably the last member who signed on to it. I was a hard person to convince because I told my good friend and colleague Councilman Nutter, you may think it will come forth with fair proposals, but one thing I've learned in life is that these reform groups who allegedly are interested in people in working class communities always wind up making proposals that only the very rich and the affluent and the business groups support. And they always find some excuse as to where's the money going to come from if a proposal is put forth in favor of working poor people. But finally, I thought, well, maybe things have changed. I've lived a long life and maybe things have changed and maybe I haven't recognized it, so I said okay, let's do it unanimously. I'm here to say I think I made a mistake because the Tax Reform Panel yesterday issued a report which was like the reports of old Tax Reform Panels. When something did not involve money for people, the Panel raised no questions about where's money coming from. They said, "Sure, it's a good idea," because the pie is going to the affluent, to the business community. And if working people ever see any results from it, it will probably be 10 or 20 years from now. But when the question came to a tax reduction by the City of Philadelphia in the class where we're spending hundreds of millions of dollars in Neighborhood Transformation Initiative, they said, "No. " Even though a very fine economic study group, Keystone Research Associates, testified that this would be in the interest of Philadelphia. " If you work, you ought not to be poor. That's as simple as I can say. No system of economics deserves support unless it provides that if a person is working, he or she can afford to have a family and can live out of the poverty realm, can live a Tax Reform Panel, despite probably the best efforts of Councilman Nutter, did the same thing that every panel before it did, it said no if working people need something. If poor people need something, it's too expensive. But if business needs something, even though we may not see results for 10 or 20 years, "Sure, let's give them everything. " So I'm here to say I made a mistake when I voted to support the Tax Reform Panel and Councilman Nutter. And my statement of yesterday holds. I will do everything I can to defeat the proposals presented by the Tax Reform Panel because unless they recognize that we've got to get rid of working poor, because you can't get a successful transformation of people from release to work unless you make work worthwhile. How can you get people to decide that it's worth working when if they go to work they lose rather than gain? Which is the current situation. And the City of Philadelphia shamefully continues to support that proposal. You know, I've said it many times, I'm a very partisan Democrat. But I'm ashamed at the in its program targeted income tax cuts that does not apply in the City of Philadelphia where the Democratic Party reigns supreme and the Republican Administrations in Washington and in Harrisburg have much fairer proposals than the City of Philadelphia presents to its people. And it's a shameful situation we're in in Philadelphia. At the federal level and at the state level, approximately -- I'm going to give you approximate numbers. A normal family of four with a family income of 30,000 or 32,000 at the end of year is deemed to be too poor to have to pay an income tax and, therefore, if the income tax has been deducted from their pay, they are entitled to file for refunds, both in Washington and in Harrisburg. I don't know how it happens that the Republicans did a good thing on this situation.

Councilman Cohen

I can't frankly understand it, because when it comes to Philadelphia, the third government involved, with a Democratic Mayor and a Democratic City Council we still go after the working poor. We take the last penny away so a mother has to choose between medicine for her kid or food for her kid where a week can go to school during one week because they can't pay the fares that they have to pay to go to school the second week. I think that this is a terrible blot on Philadelphia. And until the Tax Reform Panel changes its position and says that the No. 1 problem we have in Philadelphia is to reduce the wage tax and give the money back at the end of year to the working poor, until the Tax Reform Panel understands that basic fact, in my judgment, the Tax Panel has no credibility. And that's the reason I'm opposing their program and serving notice that I will do everything possible to defeat any proposals until they recommend as Step No. 1 above every other step must be a change in the wage tax so that Philadelphia's poor get a fair break. Thank you, Madam President.

Council President Verna

You're welcome. The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. First and foremost, let me say that I deeply respect the comments of my colleague. I take that they were delivered. Councilman Cohen and I enjoy a tremendous and positive relationship. Second, Madam President, I speak not to defend the actions of the Tax Reform Commission. I do speak to defend the right of the Tax Reform Commission to propose the actions that they are preliminarily laying out. When we created the Tax Reform Commission, which was an amendment to the Philadelphia Home Rule Charter approved by the voters of this City in excess of 75 percent, we gave them the right to make recommendations to propose changes to our tax policy. We did not give them the right to change our tax policy. The 17 members of City Council and the Mayor of this City retain that right and we will exercise that right and I expect us to take action on a variety of issues next year. And I will be the first to say that the 15 members served long hours, worked many days and many nights. And their work is not completed; I certainly hope not. But they did it because they were committed to this City. They took their charge seriously. They served at no pay and have delivered foundation, if not a template, for true tax reform in this City which is desperately needed which we asked an independent group of people to do and make recommendations to us. That's all they are. With regard to the specific issue at hand, though, Councilman Cohen is absolutely correct. He testified on this issue at the last Tax Reform Commission meeting here in these Chambers. And it is, I think, in incumbent upon the Tax Reform Commission, because they have not completed their report, to at least take into consideration the seriousness of this issue. It makes absolutely no sense, it is bad public policy that people who are exempt from paying the state income tax which is one of the lowest state income taxes in the United States of America, there are certain people of a certain income are exempt from paying that tax, but then we turn around and they are required to pay one of the highest wage taxes in the United States of America. Now, that is bad public policy; there is no question about it. So at the minimum, and I would say this in the course of my comments, the Tax Reform Commission who I have not tried to influence way, shape, or form -- I've only testified at their hearings like any other member of the public. But I think good public policy, if not common sense and maybe a little bit of political sensitivity, would indicate that in their report they should at least acknowledge the seriousness of this particular issue and make a recommendation about how this Council and the Mayor should deal with that particular issue. Now, that just makes common sense and good politics and there's nothing wrong with combining the two. We will get those recommendations, the Mayor, Council President, and this Council, and then we will decide what the tax policy is of the City of Philadelphia, not the Tax Reform Commission, not anyone else. We are the elected leaders of this City. We are the only ones who have a vote to determine what the tax policy is, and we should exercise our responsibility in a serious way. So the Tax Reform Commission has a right to make their recommendations. They also have, I believe, a responsibility to look at all of these serious issues and at least acknowledge in their final report that action needs to be taken on this is absolutely right on that score. But I will not criticize what the final product is, one, until I see it; and, two, I may not like some of the things that they recommended either, but last I checked, a lot of people don't like some of the things that we do as well.

Councilman Nutter

So they're an independent body, they took their action and we'll make the final decision on what impacts the citizens of this City, the people who work here and the business who are trying desperately to struggle here. So I support the Councilman's concern, but I think the Tax Reform Commission has a right to make their recommendations and I would only implore them to take a look at that particular issue. Thank you, Madam President.

Council President Verna

You're welcome. Before we adjourn, Councilwoman Brown, I, along with your colleagues, would like to wish you a happy birthday today. Congratulations. (Applause.)

Council President Verna

At this time the Chair recognizes Councilwoman Blackwell for a

Councilwoman Blackwell

Thank you, Madam President. I move that Council stand adjourned until Thursday, October 23, 2003. (Duly seconded.)

Council President Verna

It has been moved and seconded. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it. Council will stand adjourned until Thursday, October 23, 2003. Thank you all very much. (Council adjourned at 11:05 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 October 16, 2003, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING _________________________ Lisa C. Bradley, RPR

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