COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE OF THE WHOLE - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, May 4, 2006 9:50 a.m. - - - PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO BILLS 060001, 060002, 060003, 060004, 060006, 060007, 060008 060014, 060089 and 060090 RESOLUTIONS 060019, 060099, 060100 and 060172 - - - 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 2
This is a continued public hearing of the Committee of the Whole, and I would ask Mr. McPherson to please read the bills and/or resolutions before us. Thank you. MR. McPHERSON: Bill No. 8 060001, an ordinance to adopt a Capital Program for the six Fiscal Years 2007-2012 inclusive. Bill No. 060002, an ordinance 12 to adopt the Fiscal 2007 Capital Budget. Bill No. 060003, an ordinance 14 adopting the Operating Budget for Fiscal Year 2007. Bill No. 060004, an ordinance 17 amending Section 19-1801 of The Philadelphia Code, entitled "Authorization of Tax," to further authorize the Board of Education of the School District of Philadelphia to impose a tax on real estate within the City. Bill No. 060006, an ordinance 24 amending Section 19-2604 of The Philadelphia Code, relating to tax rates, 3 5/4/06 - WHOLE - BILL 060001, ETC. credits and alternative tax computations for the business privilege tax, by reducing certain tax rates, under certain terms and conditions. Bill No. 060007, an ordinance 7 amending Chapter 19-1500 of The Philadelphia Code, entitled "Wage and Net Profits Tax," by deleting certain special tax provisions and related definitions and rates, all under certain terms and conditions. Bill No. 060008, an ordinance 14 amending Chapter 19-1800 of The Philadelphia Code, entitled "School Tax Authorization," by amending Section 17 19-1806, entitled "Authorization of Realty Use and Occupancy Tax," to further authorize the Board of Education of the School District of Philadelphia to impose a tax on the use or occupancy of real estate within the School District of Philadelphia. Bill No. 060014, an ordinance 25 amending Chapter 19-2600 of The 4 5/4/06 - WHOLE - BILL 060001, ETC. Philadelphia Code, entitled "Business Privilege Taxes," by adding a new exception from the definition of "Receipts," under certain terms and conditions. Bill No. 060089, an ordinance 8 amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternative tax computations for the business privilege tax, by reducing certain tax rates, under certain terms and conditions. Bill No. 060090, an ordinance 15 amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternative tax computations for the business privilege tax, by reducing certain tax rates, under certain terms and conditions. Resolution 060019, providing for the approval of the Council of the City of Philadelphia of a revised Five-Year Financial Plan for the City of Philadelphia, covering Fiscal Years 2007 5 5/4/06 - WHOLE - BILL 060001, ETC. through 2011. Resolution 060099, proposing an amendment to Bill No. 060003, which provides for the Operating Budget for Fiscal Year 2007, and corresponding amendments to Resolution 060019, which provides for the Five-Year Financial Plan, to increase the City's contribution to Community College of Philadelphia in order to achieve 33 percent City funding in five years. Resolution 060100, proposing an amendment to Bill No. 060003, which provides for the Operating Budget for Fiscal Year 2007, and corresponding amendment to Resolution No. 060019, which provides for the Five-Year Financial Plan, to increase the budget for the Police Department to allow for the hiring of an additional 250 police officers over a three-year period. Resolution 060119, proposing an amendment to Bill No. 060003, which provides for the Operating Budget for 6 5/4/06 - WHOLE - BILL 060001, ETC. Fiscal Year 2007, and a corresponding amendment to Resolution 060019, which provides for the Five-Year Financial Plan, to establish a two and a half million dollar fund to provide a Witness Protection and Relocation Program. Resolution 060172, proposing an amendment to Bill No. 060003, which provides for the Operating Budget for Fiscal Year 2007, and a corresponding amendment to Resolution No.
060019, which provides for the Five-Year Financial Plan, to increase the budget for Fairmount Park by $3 million a year for each of the next five years for a total increase by 15 million by Fiscal Year 2011.
Do we have anyone to testify on any of the bills or resolutions just read? (No response.)
Do we have anyone who would like to testify on any of the bills or resolutions just 7 5/4/06 - WHOLE - BILL 060001, ETC. read? (No response.)
Seeing no one, we will now go into our public meeting. That concludes the hearing on the bills and resolutions just read. We will now go into our public meeting, and the Chair recognizes Councilwoman Blackwell regarding Bill No. 11 060001.
Thank you, Madam President. I move that Bill 14 No. 060001 be amended. (Duly seconded.)
And everyone I believe has a copy of the amendment. I believe copies of the amendments were placed on everyone's desks. All of those in favor of the adoption of the amendment will please say aye. (Aye.)
Those 8 5/4/06 - WHOLE - BILL 060001, ETC. opposed? (No response.)
The ayes have it and the amendment is adopted. The Chair again recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that Bill 11 No. 060002 be amended. (Duly seconded.)
No, no, no, no. Can we have a motion on Bill 15 No. 060001.
Sorry, Madam President. I'm doing too many things at one time. I move that Bill No. 060001 as amended be reported out of Committee with a favorable recommendation and, furthermore, I move for a suspension of the rules so that it may be considered at our Council session today. (Duly seconded.) 9 5/4/06 - WHOLE - BILL 060001, ETC.
It has been moved and seconded that Bill No. 4 060001 be reported out of Committee with a favorable recommendation as amended and also that the rules of Council be suspended so as to permit consideration of the bill at our next session of Council. All in favor will please say aye. (Aye.)
The ayes have it and the motion carries. Again, the Chair recognizes Councilwoman Blackwell regarding Bill No. 20 060002.
Thank you, Madam President. I move that Bill 23 No. 060002 be amended. (Duly seconded.)
It 10 5/4/06 - WHOLE - BILL 060001, ETC. has been moved and seconded that the amendment to Bill No. 060002 be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the motion carries. The Chair again recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that Bill 16 No. 060002 as amended be reported out of Committee with a favorable recommendation and, furthermore, that the rules of Council be suspended so as to permit first reading at our next session of Council. (Duly seconded.)
It has been moved and seconded that Bill No. 25 060002 be reported out of Committee with 11 5/4/06 - WHOLE - BILL 060001, ETC. a favorable recommendation as amended and, further, that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will please say aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilwoman Blackwell regarding Bill No. 16 060003.
Thank you, Madam President. I move that Bill 19 No. 060003 be amended. (Duly seconded.)
Thank you. The Chair recognizes Councilman Nutter.
Thank you, 12 5/4/06 - WHOLE - BILL 060001, ETC. Madam Chair. I'll be brief. Madam Chair, I'd at least like to put on the record, I believe during the course of the budget process, a number of questions were raised with regard to any number of budgetary issues, but also there were at least two letters that have been sent either to the Administration or copies received by your office and sent to us from PICA. To the best of my knowledge, I have not seen a response to those letters, and I know I personally asked the Budget Director to address at least five issues that were raised by PICA. I'd at least like to make it clear on this particular record that to date and to my knowledge, there's been no response to those particular issues as raised. We now find ourselves in the late stages of the budget process with no answers to those particular questions, but we need to try to pass a budget by the end of this month. 13 5/4/06 - WHOLE - BILL 060001, ETC.
It has been moved and seconded that the amendment be adopted. All in favor will please say aye. (Aye.)
The record will reflect that everyone voted aye for the exception of Councilman Goode, so the amendment is adopted. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I guess we're up 14 5/4/06 - WHOLE - BILL 060001, ETC. to 03.
I move that Bill No. 060003 be amended. (Duly seconded.)
We already went through the adoption? We already adopted the amendment?
Thank you. I move that Bill No. 060003 as amended be reported out of Committee with a favorable recommendation and, furthermore, that the rules of Council be suspended so as to permit first reading at our next session of Council. (Duly seconded.)
It has been moved and properly seconded that 15 5/4/06 - WHOLE - BILL 060001, ETC. Bill No. 060003 be reported out of Committee with a favorable recommendation as amended and, further, that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will please say aye. (Aye.)
The ayes have it -- the record will reflect that Councilman Goode voted no, all other members voted aye, and the motion carries. We will now consider Bill No. 21 060004, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that Bill 25 No. 060004 be reported out of Committee 16 5/4/06 - WHOLE - BILL 060001, ETC. with a favorable recommendation and also that the rules of Council be suspended so as to permit first reading at our next session of Council. (Duly seconded.)
It has been moved and seconded that Bill 9 No. -- I'm sorry. Councilman Nutter.
I apologize, Madam Chair. I know that the amendments are flying around. I did not necessarily see or maybe I didn't keep track of all the rest of the bills. 04 is which?
It's the School District reauthorization, and there are no amendments being offered.
Okay. I believe Councilwoman Blackwell made a motion to report the bill out of Committee, with a suspension of the rules. Did I hear a second? 17 5/4/06 - WHOLE - BILL 060001, ETC. (Duly seconded.)
It has been moved and seconded that Bill No. 5 060004 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 please indicate by saying aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilwoman Blackwell for a motion on Bill No. 060089.
Thank you, Madam President. I move that Bill 23 No. 060089 be reported out of Committee with a favorable recommendation and, furthermore, that the rules of Council be 18 5/4/06 - WHOLE - BILL 060001, ETC. suspended so as to permit first reading at our next session of Council. (Duly seconded.)
It has been moved and seconded that Bill No. 7 060089 be reported out of Committee with a favorable recommendation. Also, that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will please say aye. (Aye.)
Roll call. Mr. McPherson. MR. McPHERSON: Councilwoman Blackwell.
No. 19 5/4/06 - WHOLE - BILL 060001, ETC. MR. McPHERSON: Councilman Clarke.
No. 5 MR. McPHERSON: Councilman DiCicco. COUNCILMAN DiCICCO: Aye. MR. McPHERSON: Councilman Goode.
Aye. 20 5/4/06 - WHOLE - BILL 060001, ETC. MR. McPHERSON: Councilman O'Neill.
Thank you. The Chair now recognizes Councilwoman Blackwell for a motion 21 5/4/06 - WHOLE - BILL 060001, ETC. regarding Bill No. 060090.
Thank you, Madam President. I move that Bill 5 No. 060090 be reported out of Committee with a favorable recommendation and, furthermore, that the rules of Council be suspended so as to permit first reading at our next session of Council. (Duly seconded.)
It has been moved and seconded that Bill No. 13 060090 be reported out of Committee with a favorable recommendation. Also, a recommendation that the rules of Council be suspended so as to permit first reading.
Can I ask the sponsor of the bill what the cost of this bill is over the Five-Year Plan?
I'm 22 5/4/06 - WHOLE - BILL 060001, ETC. sorry. I can't hear you.
Can I ask the sponsor of the bill what the cost of this bill is over the Five-Year Plan?
Thank you, Madam Chair. Can I get you that information in a couple minutes?
Oh, no. I was going to get it to you a couple minutes after you voted. No. I was only kidding. Yes, before we vote it.
Councilman Nutter, are you ready to respond to the question? 23 5/4/06 - WHOLE - BILL 060001, ETC.
It was quicker than I thought. Councilman Goode asked a question with regard to the cost of Bill 10 060090 on the Five-Year Plan. The answer is $12,507,000.
It has been moved and seconded that Bill No. 17 060090 be reported out of Committee with a favorable recommendation. Also, a recommendation that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will please say aye. (Aye.)
Those 24 5/4/06 - WHOLE - BILL 060001, ETC. opposed?
The ayes have it and the record will reflect that Councilmembers Blackwell, Ramos, Brown -- I think we'd better do a roll call, because we didn't hear. MR. McPHERSON: Councilwoman Blackwell.
No. 16 MR. McPHERSON: Councilman DiCicco. COUNCILMAN DiCICCO: Aye. MR. McPHERSON: Councilman Goode.
Aye. MR. McPHERSON: Councilman 25 5/4/06 - WHOLE - BILL 060001, ETC. Kenney.
Aye. MR. McPHERSON: Councilwoman 5/4/06 - WHOLE - BILL 060001, ETC. Tasco.
Aye. MR. McPHERSON: Eleven to four, the bill passes -- or not passes. It gets out of Committee.
Thank you very much. We will now consider Bill No. 13 060006, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that Bill 17 No. 060006 be reported out of Committee with a favorable recommendation and, furthermore, that the rules of Council be suspended so as to permit first reading at our next session of Council. (Duly seconded.)
It has been moved and seconded that Bill No. 25 060006 be reported out of Committee with 27 5/4/06 - WHOLE - BILL 060001, ETC. a favorable recommendation; further, that the rules of Council be suspended so as to permit first reading at our next session of Council. Before we vote, I notice that Councilman Nutter would like to be recognized.
Yeah, unfortunately. Just so we're clear, Madam President, this is the business privilege tax bill which was the subject of all the conversation, whether it's a one-year cut or three-year cut, and that came up from the Administration, correct?
Yes. It's three years. It's the Mayor's bill 21 and it's three out of the five years.
Okay. It has been moved and seconded that the 28 5/4/06 - WHOLE - BILL 060001, ETC. bill be reported out of Committee with a favorable recommendation. All in favor will please say aye. (Aye.)
The ayes have it, the motion carries, and Bill No. 060006 will be reported out of Committee with a favorable recommendation and the rules will be suspended so as to permit first reading at our next session of Council. I believe we will now consider Bill No. 060008, and I recognize Councilwoman Blackwell.
Thank you, Madam President. I move that Bill 22 No. 060008 be reported out of Committee with a favorable recommendation and, furthermore, that the rules of Council be suspended so as to permit first reading 29 5/4/06 - WHOLE - BILL 060001, ETC. at our next session of Council. (Duly seconded.)
It has been moved and seconded that Bill No. 6 060008 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 please indicate by saying aye. (Aye.)
The ayes have it and the motion carries. Again, the Chair recognizes Councilwoman Blackwell regarding Bill No. 21 060014.
Thank you, Madam President. I'm told that Bill 24 No. 060014 is to be amended by the sponsor. 30 5/4/06 - WHOLE - BILL 060001, ETC.
Yes, Madam President, the amendment has been circulated.
We'll see that you get another copy, Council President.
Does everyone have a copy of the amendment? Do you have a copy of the amendment?
Councilwoman Tasco is asking for an explanation of the amendment.
Surely, 31 5/4/06 - WHOLE - BILL 060001, ETC. Madam President. This particular amendment is designed for a very specific industry located in Councilman Brian O'Neill's district and it is book binders, persons who bind books, that particular profession.
Councilwoman Blackwell, now that we have the amendment.
Thank you, Madam President. I move that Bill 14 No. 060014 be --
I move the adoption of the amendment to Bill No. 19 060014. (Duly seconded.)
It has been moved and seconded that the amendment be approved. All in favor will say aye. (Aye.) 32 5/4/06 - WHOLE - BILL 060001, ETC.
I'm voting no. The record will reflect that I voted no on the amendment. Councilwoman Blackwell.
Thank you, Madam President. I move that Bill 11 No. 060014 as amended be reported out of Committee with a favorable recommendation and, furthermore, that the rules of Council be suspended so as to permit first reading at our next session of Council. (Duly seconded.)
I vote no. The motion has been carried. 33 5/4/06 - WHOLE - BILL 060001, ETC. I believe this concludes our public hearing and our public meeting, and the record will reflect that Bill No. 5 060007 is being held. Also, Resolution 6 Nos. 060019, 060099, 060100, 060119 and 060172 are also being held. That concludes our public meeting. (Committee of the Whole adjourned at 10:20 a.m.) - - - 34 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on May 4, 2006, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)