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Committee Hearing, May 13, 2010

Minutes from Philadelphia City Council Committee Hearings, May 13, 2010

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

Councilwoman Tasco

Madam President, I move that Bill --

Council President Verna

Just a moment. (Pause.)

Council President Verna

The Chair recognizes Councilwoman Tasco concerning Bill 100116.

Councilwoman Tasco

Madam President, I move that Bill 100116 be reported out of Committee with a favorable recommendation and that the rules of Council be suspended so as to have this bill presented at the next Council session. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that Bill No. 100116 be reported out of Committee with a favorable recommendation; further, that the rules of Council be suspended so as to permit first reading at our next session of Council. 167 5/13/10 - WHOLE - BILL 100115, etc. 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 motion carries. Again, the Chair recognizes Councilwoman Tasco regarding Bill 100117.

Councilwoman Tasco

Madam President, I believe there's an amendment for Bill 100117. (Pause.)

Council President Verna

Back in business. The Chair recognizes Councilwoman Tasco again regarding Bill 20 No. 100117.

Councilwoman Tasco

Madam President, I offer an amendment to Ordinance 100117.

Council President Verna

And has the amendment been circulated? 168 5/13/10 - WHOLE - BILL 100115, etc.

Councilwoman Tasco

The amendment has been circulated.

Council President Verna

Is there a second? (Duly seconded.)

Council President Verna

It has been moved and seconded that the amendment 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. The motion carries.

Councilman Green

No. 19

Council President Verna

Oh, okay. Your light is not on and I didn't see. The Chair -- you're just voting no. 24

Councilman Green

Yes.

Council President Verna

The 169 5/13/10 - WHOLE - BILL 100115, etc. record will reflect that Councilman Green is voting no. 4

Councilman O'Neill

Madam Chair, if you would add my name to that, I would appreciate it.

Councilman Kenney

Madam President, is this amendment part of the operating budget? So it's all cuts?

Council President Verna

Yes.

Councilman Kenney

Thank you.

Council President Verna

Anybody else voting no?

Councilman Rizzo

Madam President?

Council President Verna

You know, at the rate we're going, I think we'd better have a roll call, please.

Mr. Auerbach

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Mr. Auerbach

Councilman Clarke. This is the roll call vote on the amendment to Bill 100117.

Councilman Clarke

Aye. 170 5/13/10 - WHOLE - BILL 100115, etc.

Mr. Auerbach

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Mr. Auerbach

Councilman Goode.

Councilman Goode

Aye.

Mr. Auerbach

Councilman Green.

Councilman Green

No. 11

Mr. Auerbach

Councilman Greenlee.

Councilman Greenlee

Aye.

Mr. Auerbach

Councilman Jones.

Councilman Jones

Aye.

Mr. Auerbach

Councilman Kelly.

Councilman Kelly

Aye.

Mr. Auerbach

Councilman Kenney.

Councilman Kenney

Aye.

Mr. Auerbach

Councilwoman Krajewski.

Councilwoman Krajewski

Aye. 171 5/13/10 - WHOLE - BILL 100115, etc.

Mr. Auerbach

Councilwoman Miller.

Councilwoman Miller

Aye.

Mr. Auerbach

Councilman O'Neill.

Councilman O'Neill

No. 8

Mr. Auerbach

Councilwoman Reynolds Brown.

Councilwoman Brown

Aye.

Mr. Auerbach

Councilman Rizzo.

Councilman Rizzo

No. 14

Mr. Auerbach

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.

Mr. Auerbach

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Mr. Auerbach

Council President Verna.

Council President Verna

Aye.

Mr. Auerbach

The ayes are 14; the nays are three.

Council President Verna

The 172 5/13/10 - WHOLE - BILL 100115, etc. amendment is adopted.

Councilman Green

Madam Chair?

Council President Verna

Yes, sir.

Councilman Green

Madam Chair, I would like to offer an amendment that would replace the amendments just adopted and reduce the expenditures by a total of 43 million from the original appropriation request. The amendment has been circulated. I move my amendment. (Duly seconded.)

Council President Verna

I don't believe we have copies. Did anybody get a copy of --

Councilman Green

Yes. Madam President, it was in everybody's chair this morning.

Council President Verna

Well, it wasn't in mine. Anyone that doesn't have a copy of Councilman Green's amendment, just raise your hand. Sharon will give you a copy. 173 5/13/10 - WHOLE - BILL 100115, etc.

Councilman Kenney

Madam President, I'm not sure, because there's no name. Is there a name on it or it looks like every other one?

Councilman Green

It looks like every other one, Councilman.

Councilman Kenney

All right.

Councilman Green

The total appropriation in the amendment is 3,827,299,753 in the Section 2. Madam Chair?

Council President Verna

Yes.

Councilman Green

While we are waiting for those who didn't find it on their chair this morning, I just would like to say that this budget is built on shifting sands. In a city that needs jobs, it's a job killer. In a city that needs to get more efficient, it's wasteful. In a city that needs reliable cash flow, most, if not all, of the revenue measures will likely not survive a court challenge. Passing these amendments will increase the fund balance 174 5/13/10 - WHOLE - BILL 100115, etc. and provide additional resources for a rainy day in the amount of an additional $43 million.

Council President Verna

Thank you. Are you making a motion?

Councilman Green

Yes. I'm sorry, Madam Chair. I believe I have a motion and a second on the floor to adopt these amendments.

Council President Verna

All right. All in favor of --

Councilman Kenney

Are you going to roll call it?

Council President Verna

Yes. We will now have a roll call.

Mr. Auerbach

Councilwoman Blackwell.

Councilwoman Blackwell

No. 21

Mr. Auerbach

Councilman Clarke.

Councilman Clarke

No. 24

Mr. Auerbach

Councilman DiCicco. 175 5/13/10 - WHOLE - BILL 100115, etc. COUNCILMAN DiCICCO: No. 3

Mr. Auerbach

Councilman Goode.

Councilman Goode

No. 6

Mr. Auerbach

Councilman Green.

Councilman Green

Yes.

Mr. Auerbach

Councilman Greenlee.

Councilman Greenlee

No. 12

Mr. Auerbach

Councilman Jones.

Councilman Jones

No. 15

Mr. Auerbach

Councilman Kelly.

Councilman Kelly

No. 18

Mr. Auerbach

Councilman Kenney.

Councilman Kenney

No. 21

Mr. Auerbach

Councilwoman Krajewski.

Councilwoman Krajewski

No. 24

Mr. Auerbach

Councilwoman Miller. 176 5/13/10 - WHOLE - BILL 100115, etc.

Councilwoman Miller

No. 3

Mr. Auerbach

Councilman O'Neill.

Councilman O'Neill

Aye.

Mr. Auerbach

Councilwoman Reynolds Brown.

Councilwoman Brown

No. 9

Mr. Auerbach

Councilman Rizzo.

Councilman Rizzo

Aye.

Mr. Auerbach

Councilwoman Sanchez.

Councilwoman Sanchez

No. 15

Mr. Auerbach

Councilwoman Tasco.

Councilwoman Tasco

No. 18

Mr. Auerbach

Council President Verna.

Council President Verna

No. 21

Mr. Auerbach

The no's are 13; the ayes are four (sic).

Council President Verna

So the motion fails. We will now consider Bill No. 177 5/13/10 - WHOLE - BILL 100115, etc. 100131. I'm sorry. Councilwoman Tasco, we need to report Bill No. 117 out of Committee.

Councilwoman Tasco

Madam President, I move for the adoption of -- I'd like to report Bill 100117, as amended, out of Committee with a favorable recommendation and that the rules of Council be suspended so this bill can be heard at Council's next second. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 17 100117 be reported out of Committee with a favorable recommendation, as amended; further, that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? 178 5/13/10 - WHOLE - BILL 100115, etc.

Councilman Green

No. 3

Councilman Rizzo

No. 4

Councilman O'Neill

No. 5

Council President Verna

6 That's, what, three? 7

Mr. Auerbach

I heard four. 8

Council President Verna

You 9 heard four. Do we have to do a roll 10 call? 11 Why don't you just raise your 12 hands. 13 (Some Councilmembers raising 14 their hands.) 15

Council President Verna

So 16 the record will reflect that Councilman 17 O'Neill, Councilman Rizzo and Councilman 18 Green voted in the negative. And the 19 motion carries. 20 We will now consider Bill No. 21 100131, and the Chair recognizes 22 Councilwoman Sanchez. 23

Councilwoman Sanchez

Thank 24 you, Madam Chair. I offer an amendment 25 to Bill 100118. It's been circulated. 179 5/13/10 - WHOLE - BILL 100115, etc.

Council President Verna

131.

Councilwoman Sanchez

I'm sorry; 131.

Council President Verna

And the amendment is presently being circulated. Give everyone a moment to look at the amendment. Does everybody have a copy of the amendment? (Yes.)

Council President Verna

The Chair recognizes Councilwoman Sanchez.

Councilwoman Sanchez

Thank you, Madam President. I move for the adoption of the amendment to Bill 100131. (Duly seconded.)

Councilman Goode

Point of order.

Council President Verna

Yes. The Chair recognizes Councilman Goode.

Councilman Goode

Thank you, Madam President. Could we simply explain the amendment for the record?

Council President Verna

180 5/13/10 - WHOLE - BILL 100115, etc. Certainly.

Mr. Auerbach

The amendment includes -- puts back all of the exemptions that are currently in The Philadelphia Code. So basically what it does is, it takes the current $150 fee for commercial pickup that's now on the books, raises it to $300, and adds the language to make it clear that the fee, in addition to being a fee for trash pickup, is also a fee for neighborhood cleaning services and related cleaning services. But this amendment puts back the exemptions that are currently in the Code. So single-family dwellings, condos and co-ops are now exempt from the fee, and they would continue to be exempt from the fee.

Councilwoman Sanchez

Madam Chair, can I just add, this was the bill 22 that Councilman DiCicco worked on which initially was proposed at $500 from the Administration and we took it down to 150 by adding multi-family units. So it's 181 5/13/10 - WHOLE - BILL 100115, etc. similar to the bill that's already adopted but just raises the fee to $300. Thank you, Madam Chair.

Council President Verna

You're welcome. Again, the Chair recognizes Councilwoman Sanchez.

Councilwoman Sanchez

I moved already and I got a second. We didn't vote.

Council President Verna

It was seconded? (Duly seconded.)

Council President Verna

All those in favor of the adoption of the amendment will say aye. (Aye.)

Council President Verna

Those opposed?

Councilman Green

No. 22

Councilman O'Neill

No. 23 COUNCILMAN DiCICCO: No. 24

Councilman Rizzo

No. 25

Council President Verna

Roll 182 5/13/10 - WHOLE - BILL 100115, etc. call.

Ms. Ortiz

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Ms. Ortiz

Councilman Clarke.

Councilman Clarke

Aye.

Ms. Ortiz

Councilman DiCicco. COUNCILMAN DiCICCO: No. 10

Ms. Ortiz

Councilman Goode.

Councilman Goode

Aye.

Ms. Ortiz

Councilman Green.

Councilman Green

No. 14

Ms. Ortiz

Councilman Greenlee.

Councilman Greenlee

Aye.

Ms. Ortiz

Councilman Jones.

Councilman Jones

Aye.

Ms. Ortiz

Councilman Kelly.

Councilman Kelly

No. 21

Ms. Ortiz

Councilman Kenney.

Councilman Kenney

Aye.

Ms. Ortiz

Councilwoman Krajewski.

Councilwoman Krajewski

No. 183 5/13/10 - WHOLE - BILL 100115, etc.

Ms. Ortiz

Councilwoman Miller.

Councilwoman Miller

Aye.

Ms. Ortiz

Councilman O'Neill.

Councilman O'Neill

No. 7

Ms. Ortiz

Councilwoman Brown.

Councilwoman Brown

Aye.

Ms. Ortiz

Councilman Rizzo.

Councilman Rizzo

No. 11

Ms. Ortiz

Councilwoman Sanchez.

Councilwoman Sanchez

Aye.

Ms. Ortiz

Councilwoman Tasco.

Councilwoman Tasco

Aye.

Ms. Ortiz

Council President Verna.

Council President Verna

Aye.

Ms. Ortiz

The no's are six and the ayes are 12 -- 11. I apologize. I'm sorry. Ayes are 11 and nays are six.

Council President Verna

Thank you. The amendment is adopted. Again, the Chair recognizes Councilwoman Sanchez. 184 5/13/10 - WHOLE - BILL 100115, etc.

Councilwoman Sanchez

Thank you, Madam Chair. I move that Bill 4 100131, as amended, be moved out of the Committee with a favorable recommendation and that the rules of Council be suspended to allow first reading at our next public session. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 12 100131, as amended, be reported out of Committee with a favorable recommendation; further, that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will indicate by saying aye. (Aye.)

Council President Verna

Those opposed?

Councilman Green

No. 24

Councilman O'Neill

No. 25

Councilman Rizzo

No. 185 5/13/10 - WHOLE - BILL 100115, etc.

Councilwoman Sanchez

It's just the same no's.

Council President Verna

The record will reflect that Councilman DiCicco, Councilman Goode -- I'm sorry; Councilman Green, Councilman Rizzo Councilman Kelly, Councilman O'Neill and Councilwoman Krajewski have voted no. 10 All other members have voted in the affirmative, and the motion passes. The Chair now recognizes Councilman Clarke regarding Bill No. 14 100254-A.

Councilman Clarke

Thank you, Madam President. Madam President, I'd like to offer an amendment to Bill No. 18 100254. This amendment, as requested by one of the industry members and agreed upon, will actually delete Internet purchases or other types of purchases outside the City of Philadelphia for retail products for tobacco, primarily cigars. I move for the adoption of this 186 5/13/10 - WHOLE - BILL 100115, etc. amendment. (Duly seconded.)

Council President Verna

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

Council President Verna

Those opposed?

Councilman Green

No. 12

Council President Verna

One no?

Councilman Green

No, ma'am. I'm an aye on this one. Force of habit.

Council President Verna

I'll try that again. All in favor will say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it and the motion carries. Again, the Chair recognizes 187 5/13/10 - WHOLE - BILL 100115, etc. Councilman Clarke.

Councilman Kenney

Madam President?

Council President Verna

Yes, sir.

Councilman Kenney

What was the vote for the tobacco amendment?