COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, October 10, 2002 10:05 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 WILSON W. GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103
Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. Councilmembers will please come to order. Members will take their seats. At this time the Chair recognizes Councilman Nutter who will lead us in a prayer. Members and guests will please rise.
Thank you, Madam President. To my colleagues, no, I have not taken on any additional responsibilities. Can we just have a moment of silence. (Moment of silence.)
Thank you. The next order of business is the approval of the Journal of the meeting of October 3, 2002. And the Chair recognizes Councilwoman Tasco.
Madam President, I move that the Journal of the October 3, 2002, be approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the Thursday, October 3, 2002 stand approved. All in favor will signify by saying aye. (Aye.)
The ayes have it. The motion carries. The Journal of Thursday, October 3, 2002 is approved. The next order of business leave of absence. The Chair 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 minority, there is a request of leave of absence for Thacher Longstreth.
Leave will be granted. The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and 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 to our City. We certainly invite you to come again. At this time the Chair recognizes Councilwoman Tasco who will present a resolution honoring Dustin Ballard, Phylicia Lane, Tamika Ponds and Vanessa Ponds. Will the honorees and those accompanying them please join the Councilwoman at the podium. I believe the Commissioner is being asked to join the young ladies and the gentleman. The Chair recognizes the Councilwoman.
Thank you, Madam President. Today I am pleased to note that there were four ordinary young people from the 9th Councilmatic District who exemplified extraordinary courage in this matter. I refer -- I'm sorry. I have to start all over again. Good morning. According to the National Center for Missing and Exploited Children, cities and states across our country have seen a tremendous increase, not just in the number of cases reported child abductions, but also in the widespread news coverage given to this issue over this past year. While many of these incidents have ended in tragedy, citizens across this City have the honor of witnessing the safe return of Erika Pratt the courageous 7-year-old girl from Southwest Philadelphia who was abducted from her home this summer and successfully escaped to freedom. Well, today, I am pleased to note that there are four ordinary young people from the 9 Councilmatic District who exemplified extraordinary courage in this matter. I refer to Dustin Ballard, Vanessa and Tamika Ponds, and Phylicia Lane of the Logan Section of my district. These young people had the instinct, intellect and willingness to assist Erika in her escape and to notify the police of her whereabouts. So I am Honored to have these 9th District heros and s'heros in our presence. And I must say Phylicia Lane couldn't be with us this morning because she had a test, but her father is with us. After these young people are presented with their City Council resolution, I have asked Police Commissioner Sylvester Johnson to share a few the citizens of Philadelphia about some of the preventative measures that we can employ to try and protect our children from this type of harm. I will read one resolution which will be presented to each of the students. This is a resolution honoring Dustin Ballard Phylicia Lane and Vanessa Ponds. Whereas, July 2002, Erika Pratt was literally snatched from the sidewalk near her home in Southwest Philadelphia. She is not yet four feet tall, she is 7 years old, and she had just successfully completed first grade at the Mitchell Elementary School; and Whereas, through courageous and daring, Erika freed herself from the abandoned house in Logan where she was being held. Once she got outside she began screaming for help and four young people came to her aid. They are Dustin Ballard from Cook Middle School, Phylicia Lane from Cook Middle School, Tamika Ponds from Cook Middle School, and Vanessa Ponds from Olney High School; and Whereas, these youngsters, without thought of their own safety, came to Erika's aid immediately, thus exhibiting an enormous level of far beyond their age. They are responsible for the safe return of Erika to her family and they are heros to us; and Whereas, the students mentioned herein have brought pride to their families, joy to Erika's family, distinction to their schools, and honor to our City. Now, therefore, resolved by the Council in the City of Philadelphia that we hereby honor and commend Dustin Ballard, Phylicia Lane, Tamika Ponds and Vanessa Ponds. Further resolved that an engrossed copy of this resolution be presented to Dustin Ballard, Phylicia Lane, Tamika Ponds, and Vanessa Ponds as evidence of the admiration and pride of this legislative body. Certification that this is a true and correct copy of the original resolution adopted by the Council of the City of Philadelphia on the 26th day of September 2002. It is signed by President Verna, introduced by Marian Tasco and Wilson Goode, Jr., and sponsored by all members of City Council. We congratulate these young people. (Applause.)
Police Commissioner Sylvester Johnson, we are delighted to have you with us this morning. Thank you for coming.
First, I want to thank Councilwoman Tasco and the entire City Council for making this resolution. I was away when this case happened. And while I was there, some of the police chiefs -- I was at a police chiefs conference -came up to me congratulated me for finding Erika Pratt. And I said, "You can't congratulate me for that because Erika Pratt found us." But thanks to these young people who didn't know whether there was anybody in that house at that time and because of their courageous act, she came here very safely. You know, one of the unfortunate things happening right now in Maryland where you have this sniper going out there killing people, we have people afraid to go shopping, we have kids afraid to go to school. Well, those same things have been happening in Philadelphia in some of our communities where people are afraid to go shopping, people are the schools, young people are getting killed every single day on our streets by drug dealers. And I think the thing that's happened right now with Safe Streets to make sure that our citizens -- because my obligation is not so much to make a lot of arrests, my obligation is to change the quality of life here in the City of Philadelphia. And we cannot do that without City Council, we cannot do that without the politicians, the federal people, the community. Everyone has to work hand-in-hand with this. The parents have to get involved. We all have to get involved with this. I hear the things that's being said on radio and I hear the things they're saying on TV, and it's unfortunate that the people have to live in fear, that they're afraid to go there because you never know what's going to happen. And my understanding, the shooting last night is also committed by the same sniper. But again, as we combine together, we in Philadelphia can change the quality of life for the Citizens here in the City of Philadelphia. And for the parents to take control of their homes, because if you can't take control of your own homes, we the community. So I appreciate what City Council has done to show the recognition to these young people who have done things from the heart. They didn't have a gun, they didn't have a badge, they didn't have a nightstick. But they reacted, and they reacted very courageously and they acted on instinct and they acted with pride and with dignity. And I thank City Council for showing this resolution to them. And thank you very much for inviting us and asking us over. (Applause.)
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.
To the President and Members of the Council of the City of Philadelphia, I am pleased to advise you that on October 9, 2002, I signed the following bill that was passed by Council AND RES. at its Session on September 26, 2002: Bill No. 020380.
Thank you. The message will be printed in the Journal. The Clerk will please read any other communications in her possession.
Thank you. The next order of business is the introduction of bills and resolution. 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 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. AND RES. (Aye.)
The ayes have it and the motion carries. At this time the Chair recognizes Councilman Kenney.
Thank you, Madam President. I offer two resolutions which I ask to be referred to the appropriate committee.
Thank you. The Clerk will please read the title of the first resolution.
A resolution authorizing City Council's Legislative Oversight Committee to hold public hearings on the status and future of the City's municipal pension fund's liabilities and obligations.
Move for the adoption of the resolution. (Duly seconded.)
Thank you, Madam President. With regard to my colleague's resolutions, I have seen neither. I've checked with some colleagues near me. And I would like to see resolutions before they're introduced, especially the next one that will be introduced that deals with aggressive panhandling. That is an issue that many of us are interested in and have opinions on, but we would like the right to see resolutions before they are introduced.
It is my understanding that the resolutions were distributed in the Caucus Room. And I know that the rules are that we should have them 24 hours prior to. Do you have a copy of them presently Councilwoman?
No, I don't. But I will say, if we want to change the rules to make Caucus Room where we circulate resolutions, I'm happy to abide by that. I just want one rule for all of us.
I know one AND RES. resolution was distributed yesterday. I don't know about the second resolution.
Madam President, I've seen neither. I can speak for me. And I mentioned it to a few people near me who also had not seen the resolutions.
I know that the resolution just read, and somebody could correct me if I'm wrong, that was distributed yesterday because I did have a copy in my office.
Madam President, it wasn't distributed to me. Councilwoman Krajewski concurs it wasn't distributed to her. Maybe it was distributed to you but not everybody else; I don't know. I'm just making a point.
I am being told by other Councilmembers that they did got a copy yesterday.
I believe that's the one that was just read. And you had that in our possession yesterday?
I got the one for public hearings on status and future of the City's municipal pensions funds, liabilities and obligations, but I did not get the one that I think the Councilwoman is speaking about, panhandling. Therefore, I won't be voting for it either. We've got to start giving each other the right things so we can be prepared.
I was always under the impression that they should be distributed 24 hours ahead of time, Madam President.
How many received this resolution yesterday? I know I did. Councilman Mariano, I believe just said you received it yesterday?
This is the one you just read and the Clerk just read.
Was it the panhandling one or the pension one? The pension AND RES. one, I got that yesterday.
Again, Madam President, I'm happy to abide by a ruling if the Council wants it to be Caucus Room, it's okay if that's what we agree to. But if it's not Caucus Room and we want to get them 24 hours in advance, then lets -
Madam President, let me try to solve this very difficult problem here. The one that was circulated, I think, previously on the pension, I'd be happy to have voted on and referred to the appropriate committee. I know the second one on the aggressive panhandling is not that long, but if people need a week to read it, I'll be happy to introduce it next week. I also would like to recognize the fact, Madam President, that on numbers of occasions, on too many occasions, we have accepted information and requests and resolutions from the second floor that were given to us at 9 o'clock, 10 o'clock in the morning and voted on. So, if it's a matter of a week and AND RES. people need a read to read it, that's fine. I'll introduce it next week. But I would like to recognize that no one's ever complained that's complaining now about information we get from the second floor in the morning of a session that we are asked to vote on. So I will withdraw that resolution until next week. Thank you, Madam President.
Madam President, my concern is that I am absolutely interesting in the issue of aggressive panhandling. I like to be on top of these issues. I make no secret about that. It's always been one of the issues related often to homelessness that concern me. And as I said, I'm happy to abide any rule as long -- I'm not speaking for the Administration, I'm speaking for me and my issues as a Councilperson.
And Councilman, you are asking that the resolution just AND RES. read by the Clerk be considered at this time?
Madam President, I move adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it and the resolution will be referred to the Legislative Oversight Committee. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning I have one resolution.
Thank you. The Clerk will please read the title of the resolution. AND RES.
A resolution authorizing the City Council Committee and Licenses and inspections to conduct hearings on the feasibility and the construction of new multi-family dwellings according to principles of visibility.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it. And the resolution will be referred to the Committee on L & I. The Chair recognizes Councilman Cohen.
Thank you, Madam President. I have no bills or resolutions day.
The Chair AND RES. thanks the gentleman. The Chair recognizes Councilwoman Krajewski.
Thank you. The Chair recognizes Councilman Mariano.
Thank you. The Chair recognizes Councilwoman Tasco.
The Clerk will please read the title of the resolution.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be AND RES. adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it. And the resolution has been adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I have no bills or resolutions today.
Thank you. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I offer one bill and resolution which needs to be referred to committee.
Thank you. The Clerk will please read the title of the bill.
An ordinance amending Title 2 of the 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 AND RES. known as the Board of Property Assessment Appeals and Review, the Property Assessment Oversight Board, and the Office of Property Assessment providing for submission of such amendment for the approval or disapproval of the qualified electors of the City of Philadelphia fixing the date of a special election for such purpose.
The bill will be referred to the appropriate committee. And the Clerk will please read the title of the resolution.
A resolution approving the revision to the Cathedral Village Life Care Facility RC-6 Master Plan.
Madam President, I ask that this resolution be referred to the Rules Committee, 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. AND RES. (Aye.)
The ayes have it. And the resolution the resolution will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer one resolution cosponsored by my colleagues W. Wilson Goode and Councilman Frank DiCicco. And given the relevance of this resolution to our country's past and our future, I would like it read in its entirety.
The Clerk will please read the resolution in its entirety.
A resolution urging the National Constitution Center and the National Park Service to properly commemorate the life and home of James Dexter. Whereas, a bus depot is planned for construction over what was once the home of James Dexter; and Whereas James Dexter has been described by the Philadelphia Inquirer as a central figure in AND RES. the building free black society and post-revolutionary America; and Whereas, James Dexter served as a distinguished member of the Free African Society, an organization that was first of its kind in Philadelphia and perhaps the first in the country whose primary purpose was to act as a mutual aid society for those who were sick, widowed, fatherless, or in need; and Whereas, Mr. James Dexter was a founding member of St. Thomas African Episcopal Church, the first African Episcopal church in Philadelphia and one of the first in the United States; and Whereas, the home of James Dexter was used for meetings by prominent leaders such as Richard Allen and Absolon Jones as they worked to realize their collective vision of uplifting African Americans to new heights; and Whereas, while there may not be a legal requirement to commemorate the life and home of Mr. Dexter, there are a large number of citizens in the City of Philadelphia, the birth place of America, who would be gravely disappointed if he was not properly honored; and AND RES. Whereas, to build a bus depot over the site of a home of Mr. Dexter without doing a proper commemoration would be a tragic mistake in the eyes of those who care and take pride in African American history; and Whereas, to not properly commemorate the site would be an error of extreme significance to all those who care about celebrating the rich cultural history of Philadelphia; and Whereas, to properly honor the life and home of James Dexter, it will be necessary for the National Constitution Center and the National Park Service to consult with those who are active in the pursuit, promotion, and preservation of the African American history and culture. Now, it be resolved by the City Council of Philadelphia that we hereby urge the National Constitution Center and the National Park Service to properly commemorate the life and home of James Dexter.
I thank you, Madam President, and I move for the adoption. AND RES. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it. And the resolution has been adopted. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Ortiz.
The Clerk will please read the title of the resolution.
A resolution amending Resolution 1 which was adopted as temporary rules of the Council on January 3, 2000, to reinsert the amendment passed in the last Council Session which AND RES. extended to Council employees the same leave entitlements that other non-represented city employees enjoyed under the Family Medical Leave Act of 1993 and other City leave policies.
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 say aye. (Aye.)
The ayes have it. And the resolution is adopted. The Chair recognizes Councilman DiCicco.
Thank you. The Clerk the please read the title of the first bill. AND RES.
An ordinance amending Section 22-310 of the Philadelphia Code entitled "Deferred Retirement Option Plan," by increasing the number of years an employee may remain in the DROP before being required to separate from City service, all under certain terms and conditions.
This bill will be referred to the appropriate committee. The Clerk will please read the title of the second bill.
And an ordinance amending Section 22-310 of the Philadelphia Code entitled, "Deferred Retirement Option Plan," by eliminating the provision that limited the DROP to a specific test period required certain finding by the Board of Pensions to continue the DROP after the test period thereby enacting the drop as a permanent part of the Public Employees Retirement Code, all under certain terms and conditions.
This bill will be referred to appropriate committee. The Chair recognizes Councilman O'Neill.
Madam President, I have no bills or resolutions. AND RES.
Thank you. The Chair recognizes Councilman Clarke.
The Clerk will please read the title of the resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 16th, 20th, 28th, 32nd and 37th Wards of the City of Philadelphia.
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have AND RES. it. And the resolution is adopted. The Chair recognizes Councilman Rizzo.
Thank you. The Clerk will please read the title of the resolution.
A resolution commending actor David Morris and the producers of the CBS television series "Hack" for their commitment to producing and filming the series in Philadelphia and showcasing all that our City has to offer.
I move for the adoption of this resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Aye.)
The ayes have it. And the resolution has been adopted. The next item of business is reports from committees. The Chair recognizes Councilwoman Blackwell for a report from the Committee on Finance.
Thank you, Madam President. The Committee on Finance reports out one bill with a favorable recommendation.
Thank you. The Clerk will please read the report.
To the President and Members of the Council of the City of Philadelphia, the Committee on Finance to which was referred Bill No. 020601 entitled an ordinance 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 and conditions, respectfully reports it has considered the same and returns the attached bill 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 today of Bill No. 020601. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill No. 020601. All in favor will indicate by saying aye. (Aye.)
The ayes it. Bill NO. 020601 will be placed on today's First Reading Calendar. At this time the Chair recognizes Councilman DiCicco for a report from the Committee or Streets and Services.
Thank you, Madam President. The committee on Streets and Services reports 33 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. 020382 entitled, an ordinance authorizing Lois Hartzell, owner the property 607 North Second Street to construct, own, and maintain a cantilevered balcony projecting over the east footway of Second Street; And Bill No. 020410, entitled an ordinance authorizing Pennsylvania Academy of Fine Arts, owner of the properties 118 North Broad Street and 128 North Broad Street, to construct, own, and maintain various encroachments; And Bill No. 020412, entitled an ordinance authorizing G2S2 Associates, owner of the property 1605-1627 Sansom Street to construct and maintain a building encroachment over and above the north footway of the 1600 block of Sansom Street; And Bill No. 020413, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 58; And Bill No. 020429, entitled an ordinance authorizing the revision of lines and of City Plan No. 258; And Bill No. 020430, entitled an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 312; And Bill No. 020433, entitled an ordinance authorizing the revision of lines and grades on a portion City Plan No. 271 by striking from the City Plan and vacating Hancock Street; And Bill No. 020434, entitled an ordinance granting permission to Alfredo Aguilar, owner of the property 426-428 West Girard Avenue, doing business as Las Casuelas Cafe, to operate and maintain an open-air sidewalk cafe; And Bill No. 020464, entitled an ordinance establishing a parking regulation on 19th Street, both sides; Bill No. 020465, entitled an ordinance establishing a parking regulation on Rosewood Street, east side; And Bill No. 020466, entitled an ordinance establishing a parking regulation on Rosewood Street; And Bill No. 020467, entitled an ordinance establishing a parking regulation on 16th Street; And Bill No. 020468, entitled an ordinance establishing a parking regulation on Broad Street; And Bill No. 020479, entitled an ordinance establish a parking regulation on Wyoming Avenue; And Bill No. 020487, entitled an ordinance establishing a parking regulation on Redfield Street; Bill No. 020488, entitled an ordinance establishing a parking regulation on Ridge Avenue; And Bill No. 020492, entitled an ordinance repealing an ordinance Bill No. 010339, authorizing the vacating of Byberry and Bensalem Road; And Bill No. 020494, entitled an ordinance granting permission to Atul Amin, owner of the newsstand at the northeast corner of 15th Street and Arch Street; And Bill No. 020497, entitled an ordinance establishing a parking regulation on 15th Street; And Bill No. 020498, entitled an regulation on Corinthian Street; And Bill No. 020539, entitled an ordinance establishing a parking regulation on 31st Street; And Bill No. 020540, entitled an ordinance establishing a parking regulation on Larchwood Avenue; Bill No. 020541, entitled an ordinance establishing a parking regulation on 48th Street; And Bill No. 020542, entitled an ordinance establishing a parking regulation on Preston Street; And Bill No. 020543, entitled an ordinance establishing a parking regulation on Farragut Street, east side; And Bill No. 020552, entitled an ordinance establishing a parking regulation on Seventh Street, both sides; And Bill No. 020553, entitled an ordinance establishing a parking regulation on Dickinson Street, both sides; And Bill No. 020554, entitled an ordinance establishing a parking regulation on Street, both sides; And Bill No. 020555, entitled an ordinance establishing a parking regulation on Darien Street, west side; And Bill No. 020556, entitled an ordinance establishing a parking regulation on Watts Street, east side; And Bill No.
020577, entitled an ordinance revising parking regulations on Juniper Street, both sides; And Bill No. 020558, entitled an ordinance establishing a parking regulation on 13th Street, east side; And Bill No. 020578, entitled an ordinance amending Section 9-205 of the Philadelphia Code entitled "Sidewalk Sales," by prohibiting sidewalk sales on portions of Vine Street, 18th Street, 19th Street and 20th Street; Respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair recognizes 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. 020382, 020434 and 020492.
It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bills No. 020382, 020434 and 020492. All in favor will indicate by saying aye. (Aye.)
The ayes have it. And Bill Nos. 020382, 020434 and 020492 will be placed on the First Reading Calendar for today's Session of Council. The other 30 bills read by the Clerk will be placed on the First Reading Calendar for our next Session of Council. The next order of business is the consideration of the calendar. The Clerk will please read the bills on First Reading Calendar.
Bill No. 020490, an ordinance amending Section 19-1301 of the Philadelphia Code entitled, "Real Estate Taxes," by providing that real estate taxes imposed under that section shall be based upon the assessed value of real estate as returned by the Board of Revision of Taxes in 2001.
And Bill No. 020491, an ordinance amending Chapter 19-1800 of the Philadelphia Code entitled "School Tax Authorization," by providing that real estate taxes imposed by the Board of Education, the School District of Philadelphia, for tax year 2003 and thereafter shall be based upon the assessed value of real estate as certified by the Board of Revision of Taxes in 2001.
And Bill No. 020493, an ordinance amending Section 19-2900 of the Title 19 of the Philadelphia Code entitled "Senior Citizens Low Income Special Tax Provisions," by expanding the chapter to include senior citizens who are eligible to participate in the PACENET Program.
And Bill No. 020537, 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.
And Bill No. 020538, an ordinance amending Chapter 19-1800 of the Philadelphia Code entitled "School Tax Authorization," by providing that the real estate taxes imposed by the Board of Education of the School District of Philadelphia on a property shall not increase in any one year.
And Bill No. 020577, an ordinance amending Chapter 19-1300 of the Philadelphia Code entitled "Real Estate Taxes," by adding a new section 19-1306 providing for a cap on tax increases, under certain terms and conditions.
And Bill No. 020601, an ordinance 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 and conditions.
And Bill No. 020382, an ordinance authorizing Lois Hartzell, owner the property 607 North Second Street to construct, own, and maintain a cantilevered balcony projecting over the east footway of Second Street.
And Bill No. 020434, an ordinance granting permission to Alfredo Aguilar, 10/10/02 - STATED - 2nd READING, FINAL PASSAGE owner of the property 426-428 West Girard Avenue, doing business as Las Casuelas Cafe, to operate and maintain an open-air sidewalk cafe on the south footway of Girard Avenue.
And Bill No. 020492, an ordinance repealing an ordinance, Bill No. 010339, authorizing the vacating of Byberry and Bensalem Road from Southampton-Byberry Road to the Philadelphia and Bucks County Line, all under certain terms of conditions.
The Chair agrees. The bills just read by the Clerk will be placed on the Second Reading and Final Passage Calendar for our next Session of Council. That concludes the First Reading Calendar. The Chair now recognizes Councilwoman Blackwell for the purpose calling up bills on the Second Reading and Final Passage Calender to be considered today.
Madam 10/10/02 - STATED - 2nd READING, FINAL PASSAGE President, today Bill Nos. 020283A and 020379 are being call up for second reading and final passage. All other bills are being held.
Thank you. The Clerk will please read the title of Bill No. 020283A.
An ordinance amending Title 14 of the Philadelphia Code entitled "Zoning and Planning," by amending Chapter 14-200 entitled "Residential Districts," by making certain technical amendments, 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.
Councilman Goode. 10/10/02 - STATED - 2nd READING, FINAL PASSAGE
Aye. The ayes are 16, the nays are 0. A 10/10/02 - STATED - 2nd READING, FINAL PASSAGE 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. 020379.
An ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to acquire some or all certain real estate parcels in the Eastwick Section of the City of Philadelphia, 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.
Aye. The ayes are 16, the nays are 0. A majority of all Members of Council having voted in affirmative, the bill passes. That concludes the 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 Councilwoman Brown.
Thank you, Madam President. I am not unlike thousands of citizens across this City and many of us in government, and most particularly those of us in this legislative body, who have been what Councilwoman Marian Tasco advised me of when I first came here, and that is, paying attention to this important public policy debate around tax reform. And we know that over the last few weeks the Finance Committee here has wrangled with this issue on how to best give the citizens of our City some relief on the high increases in property tax. Indeed, many of the increases that we've learned about and heard about and read about are outrageous. And I salute and commend my colleagues for their willingness to take on what is indeed an issue; for if it were not that, it would have been resolved years ago. We all know that we currently have a number of bills that have passed out of the Finance Committee, and by all appearances there will be a need for the meeting of the minds. My experience since I've been here is that when we have had multiple bills on an issue, we've met with both the leadership and the membership to figure out a resolution that is a win-win. Today, I want to weigh in two observations. One, I believe what we're facing is what's called a good-news problem. And why do I say that? David Thornberg in a letter to the Inquirer on September 27th -- and for those of you who may not know, David Thornberg is the Executive Director of the Pennsylvania Economy League whom many of us look to, including myself, for his position on complex issues like property tax reform. He stated, and I read as follows: "Last time we checked, rising property taxes are a good thing for homeowners, communities, and the City. They're also long overdue. After adjusting for inflation, total property values didn't grow at all in Philadelphia 1970 to 2000. So that's good news in the sense that the City's image is better, property values are going up, and we know when that happens property taxes go up. " And Mr. Thornberg illustrates that by saying the 60,000 vacant properties and structures in Philadelphia, more than any other City in America, bear witness to the consequence of decline in values. So we are indeed facing what I call good-news problem. Prior to any measure passing in this Body, it will be important for me that we give more full recognition and discussion to what has happened with our schools as it relates to property tax reform. While we have justifiably discussed the property tax reform in recent weeks, we have all been discussing the lack of funding for the Philadelphia Public Schools for years. It is my understanding that if we do a freeze on the School District portion of the property tax, we would be removing $14 million from their budget, $14 million afford to lose. So as we move forward, I will continue to pay attention and will certainly support reasonable measures that offer our citizens relief for their high increases which has already been demonstrated in Finance Committee hearings are outrages. " The property tax issue is important. But so are our students and our schools. For me, it's a moral issue. No matter where we live in the City, be it Chestnut Hill or Mount Airy, the wonderful homes in Overbrook Park, to those of us who reside ina Olde City, historic Penns Landing, to senior citizens in the twilight of their lives on fixed incomes, all of us share some responsibility when it comes to the funding of our schools. So it will be a lot difficult for me to support a measure that has a significant impact, and that needs to be underscored, a significant impact on the school budget.
So I'll be paying close attention to the information we still await from the Board of Taxes, and more particularly looking to see the figures they provide us and how those bills impact our schools. I felt it was important for my colleagues to hear this at this time, for me to weigh in because, as I've said, I've been paying attention. And as we move forward in this discussion on how best to remedy high property tax increases, I would ask that we be very circumspect and be very thoughtful and keep our students in mind. Our students, like the residents of this City deserve that kind of consideration. So I thank you, Madam President, for this hour. Thank you very much.
Thank you. The Chair recognizes Councilman Cohen.
Thank you, Madam President. To my colleague Councilwoman Reynolds-Brown, one good way to give your constituents tax relief without in any way acting in a way adverse to the school system would be by supporting the wage tax cut to the targeted group that's now exempt from federal and state taxes and that matter. It would also help senior citizens and part-time workers of all kind. So I'm just saying the picture is not all dark. There's some very bright spots ahead for taxpayers in Philadelphia. But I wanted to deal with one other subject, and that's the Convention Center from a different point of view than what's been discussed hitherto. The discussion is getting confined to the labor issue at Convention Center with everybody believing that once we get the labor issue straightened out, if ever that comes about, that then the coast is clear for large-scale contribution by the state government and by the City of Philadelphia. Let me say, in my judgment, that is not at all the case. They're two separate issues entirely. Once we get over the labor hurdle, you have the problem that Representative Dwight Evans referred to yesterday when he said, you know, Philadelphia usually gets a packaged amount of money and if you take several hundred millions of dollars for a Convention Center, you're going to be taking it away from the schools which themselves need a for the new school program that Paul Vallis talks about. You're also acting in competition with all the other needs that the City depends on the state for support for. So I want everybody to know that the Convention Center is not simply a matter of the question of resolving what people call a labor question. That really does exist. But in addition to that, once that problem gets settled, we have the real public policy question with respect to what do we do with public funds. I think public funds, and I'm urging members of this Council to be ready for a full scale debate and discussion on is it proper again to use public funds for the purpose of private businesses. When businesses can afford it, I think they ought to pay their fair share of the freight. If something can't be done unless there's governmental help, that's an entirely different thing. But the situation isn't going to be resolved at the Convention Center simply on the labor issue. On the labor issue itself, I'm hoping that common sense is going to prevail soon and that issue gets removed from the table. Because it is quite embarrassing to hear those who have said to us times, and they've said it to me and I'm sure they've said it to every Councilmember, they say, "Councilmembers, jobs is the whole thing." And yet to hear one of the strongest exponents of that position take a different position on Convention Center and take positions which are costing working people in this area many thousands and thousands of jobs and future convention assignments, it's very difficult for us who have supported labor so faithfully and so strongly because we believe it's the right way to go. Labor is an essential part of the democratic can process. We think labor has a duty to lead the way. I don't like solutions imposed upon labor by anti-labor elements, and I think those of us who support labor have the same feeling. And therefore, I think there's a special responsibility in the current situation for labor to resolve a labor issue. That's where the solution must come forth, and I'm hoping that steps are being taken in that direction. Thank you very much, Madam President.
You're welcome. The Chair recognizes Councilman Goode.
Thank you, Madam President. I don't have a speech today. I would ask that before we adjourn, we have a standing moment of silence in honor of the memory of Father Paul Washington.
Thank you. May we have a moment of silence by standing at this time. Thank you. (Moment of Silence.)
At this time, the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I just would like to go back to the tax issue. This is a very serious matter, and there are a number of members of Council who have introduced bills to address the issue of the assessment problem. And I don't know at the end of the day which bill will get voted on, voted out, what will happen. I suspect that something may get voted out and then we would get a veto or we will get a letter from the Law Department saying that we don't have the right to pass legislation relative to the Board of Revision of Taxes or anything having to do with that. Yesterday, during the committee meeting, I expressed concern that there is an outcry in the City about the process by which our properties are assessed. I applaud those Councilmembers who have introduced legislation to address the issue. And I've signed onto most to them just so that we can have a debate and a discussion about each of those bills. I'm not sure what each of them does, where they are, what they mean. We haven't had an in-depth kind of analysis of any of them that would give me any sense of where I should be. But I think it's very important that we at this juncture try to come together as one, as a Council, to come up with something, and in relation and in conjunction with the Administration, of a way that we can resolve this issue. And so I ask you, Madam President -- and I have not spoken to you about this, this sort of like came on the heels of Councilwoman Reynolds-Brown's statement -- that you reach out to the Administration and ask that we sit down and maybe form a task force between the Administration and this Council to look at these bills or look at any other way that we can resolve the issue or helps the citizens of Philadelphia. I think that's much more productive than forming the we/they, them/us, all these different sides and lining up on one side or the other, but that we put that all aside and look at how we resolve the issue of the tax assessment that can be fair, not only to the citizens, but also generate the revenue that we need to run this City and also to fund the public schools. Because we can pass legislation, and at the end of the day we'll feel good, but also we will have done nothing. I think we have a responsibility to the citizens of this City to work together as an Administration and a Council to come up with a way that we can be able to deal with the tax assessment. And that is my comment. Thank you.
Thank you. I would just like to say that last week we had asked the BRT for information as to what the financial impact would be on every bill that was introduced. We were told that by last Friday we would have the information. When we called last Friday, we were told that the information would not be available to us until this Friday or possibly Monday. It is also Administration is asking for the same information. So when we receive the information, I think we will be in a better position to meet with the Administration and ask how we can work together to resolve this issue.
Thank you, Madam President. Just on that note, for the information we're waiting from the BRT, I'd basically like to point out that whatever information they give us may not actually be as accurate as we would like it to be because I believe either Monday or Tuesday of this week the condo owners are now beginning to get their reassessments, as is the same case with the commercial property owners. So we don't really get the full big picture of this until all of the reassessments for the various homeowners and property-owners has been completed. So we're not yet done with that whole issue. Whatever we get, obviously, is some help, but it won't be enough, in my opinion.
Understood. The Chair recognizes Councilwoman Brown.
Madam Chair, I wish to underscore that, as has been reflected in my colleagues' comments, all of us are for fair and reasonable tax reform. I would ask that in the information we get from the BRT that it in addition reflects the impact of each one of those bills on the Philadelphia School System.
Thank you. Any other comments? The Chair recognizes Councilman Clarke.
Madam President, I have to say this. With respect to the discussions, since we're talking working in the spirit of cooperation, there is one particular bill that still remains in committee, and I ask that the members of the Finance Committee consider getting that bill out of the committee so that can be a part of the discussion. I'm not seeking an answer at this point.
Madam President, I held the bill because I was told that it would not get out of the committee. And we'll do what we need to do to get it out of committee. But I would hope, since I heard one of my colleagues say that getting things out of committee is to get all of this legislation into the mix so we can come up with the best piece of legislation. I don't need it to be mine, but I need mine to be heard and not held in committee. So I don't plan to vote for any of this legislation until I have an opportunity to get mine out of that committee.
Well, may I suggest that you send a memorandum to the Chairman of the Finance Committee so that it can be listed as soon as possible?
But you're asking that there be a hearing scheduled.
That's correct. I now. Have a hearing scheduled so we can try to get it out of committee. Thank you.
Thank you. The Chair recognizes Councilman Nutter.
Thank you, Madam President. I'll be brief. Councilman Rizzo raises an important issue. My recollection, as a member of the Finance Committee at those hearings, was the sentiment of the committee was to move all bills out of committee. And we were told at that time that the Councilman -- this is not about Councilman Rizzo. I'm pleased to vote his bill out of committee. We were told that the bill was being held at the request of the sponsor. Now, I don't know what that communication was. I don't know who said what to whom. But if the information was available at the time that there was a request to move the bill, I would have been more than pleased to vote the bill out of committee. The general sentiment, I recall, of the committee that day was to move every bill out of committee. And I believe we moved every bill out of committee for which there was a request. So I don't know whether there was forward to the committee hearing. It should probably take about 30 seconds for that hearing to take place because all there's left to do is to have a public meeting to move that bill. The Councilman is absolutely correct, he should have the opportunity to have his bill out and all the bills should be out and on the Calendar to have a full and complete debate on the issue. So, Councilman, I'm pleased to support your bill getting out of committee.
Thank you, Madam President. I am pleased to speak as Chair of the committee. When it came time to reporting my colleagues' bills out, there were some concerns by some members of the committee that it would not have full support because it puts a lien of senior citizens' property. Having said that, I had staff confer to ask my colleague if he wanted to hold a bill irrespective of ultimate support for the bill or not. In other words, Madam President, we're happy to report the bill out. We were only having a content. And that is absolutely his right. And I certainly support, as did everyone on the finance committee, we supported everyone having their bills out on the table for discussion. And certainly, we absolutely support his right to do that. And we're very, very happy to do that.
Thank you. Are there any other speeches on the part of the majority? (No response.)
Seeing none, the Chair recognizes Councilwoman Tasco.
Thank you, Madam President. I move that Council stand adjourned until Thursday, October 17, 2002 at 10:00 a.m.
It has been moved and seconded that Council stand adjourned until Thursday, October 17, 2002. All in favor will say aye. (Aye.)
The ayes have it. Council will be adjourn until Thursday, October 17th. Thank you. (Council adjourned at 11:10 a.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 10, 2002, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING ___________________________ Lisa C. Bradley, RPR and Notary Public