COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, December 19, 2002 10:30 a.m. PRESENT: COUNCILWOMAN JANNIE BLACKWELL, Chair COUNCILWOMAN MARIAN B. TASCO, Vice Chair COUNCIL PRESIDENT ANNA C. VERNA COUNCILMAN MICHAEL A. NUTTER COUNCILMAN FRANK. J. DI CICCO COUNCILMAN FRANK RIZZO COUNCILMAN BRIAN J. O'NEILL COUNCILMAN JAMES KENNEY COUNCILMAN W. WILSON GOODE, JR. V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, PA 19103 (215) 561-2220 (215) 567-2670 Invocation
I note that the hour has come and that a quorum of this Council is present. The Council will please come to order. Members will take their seats. Father Lee, please approach. To give our invocation this morning, the Chair is honored to welcome Father Michael Lee, Pastor of St. Gabriel's Roman Catholic Church. He is here today at my invitation. I would ask all Members and guests to please rise.
Having listened to the discussion, I think maybe the prayer should have something to do, Council President, with the multiplication of loaves and fishes. (Laughter) In the name of the Father, and of the Son, and of the Holy Spirit. (Chorus of "amen".)
Blessed are You, Creator of the universe, who have made all things and given to each of us the means and gifts to enhance Your creation. Your goodness fills our hearts with joy and gladness as we gather this morning to Invocation share our thoughts, our gifts, our knowledge, give us the wisdom to make the right decisions in every situation so that those we serve may prosper and benefit from them. Our prayer is that the doors of opportunity and favor will be available to one and all, in order to fill the lives of those we serve with dignity and with purpose. In the spirit of love and truth, we ask to be guided, as we share our strengths and hopes. Let our prayer be that instilled in each of us the desire to share our gifts in the spirit of the love that you have for all of us, and the wisdom to know how to use our power wisely and well. We open our hearts to the light of wisdom, the warmth of love, and the joy of acceptance. Amen.
Amen. And the Chair thanks Father Lee for his very inspiring invocation. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in chambers this morning. Resolution - David Morse 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. At this time the Chair recognizes Councilman Rizzo, who will present a Resolution honoring Mr. David Morse and the producers of Hack. Will Mr. Morse and those accompanying him please join the Councilman at the podium. The Chair recognizes Councilman Rizzo.
Good morning, everyone. And thank you, Madam President, for this accommodation. We're here this morning commending actor David Morse and the producers of CBS television series Hack, for their commitment to producing and filming the series in Philadelphia and showcasing all that our City has to offer. Donna.
In Resolution - David Morse particular, it's my pleasure to welcome and applaud a resident of the Eighth Council District, David Morse. Whereas, Hack is a drama about Mike Olshansky, a decorated ex-police officer turned taxi driver, who seeks redemption by fighting for and righting the wrongs of others and; COUNCILMAN Di CICCO: Whereas, at the request of David Morse and the concurrence of the producers of Hack, a commitment was made to film and produce the entire series in Philadelphia, making it the first prime time network series to be shot entirely in Philadelphia and;
Whereas, Hack will show real Philadelphians in their real environment and will show the diversity of our City by showcasing such areas of the City as Manyunk, Northern Liberties, Germantown, Northeast, Southwest, North Philadelphia, Juniata Park, and;
And whereas, since 1994 David Morse and his family, consisting of his three children and his wife Resolution - David Morse Susan, who is a Philadelphia native, have been living in Philadelphia. David Morse has shown such a fondness for Philadelphia that he has said, "Philadelphia is my home. I always felt really comfortable here." Now, therefore:
Resolved, by the Council of the City of Philadelphia, that we hereby commend actor David Morse and the producers of CBS television series Hack for their commitment to producing and filming the series in Philadelphia and showcasing all that our City has to over. Further resolved, that an engrossed copy of this Resolution be presented to David Morse and the producers of Hack as evidence of the sincere sentiment of this legislative body. Congratulate David Morse. (Sustained applause.)
I'd like to invite Inspector William Calarullo of the Philadelphia Police Department to please join me for a presentation to David Morse. Resolution - David Morse Many of you or most of you know about the series Hack. David plays the part of Michael Olshansky. Did I do that right? That's close. (Laughter.)
And Michael Olshansky is a former Philadelphia Police Officer who was fired from the job and lost his job, lost his badge, lost his I.D. But he still is a cop at heart and he's out there helping people every day of his life, while he's out there making a living driving a cab. I thought that it was most appropriate that we do something today that I think David Morse, Michael Olshansky, will be pleased with. We're going to reinstate you to the Philadelphia Police Department today. You have a Philadelphia Badge 4526. Your I.D. card with your picture on it. And when you're at the Police Administration Building Bill Calarullo also got you the official Police Department I.D. (Applause.)
At this Resolution - David Morse time the Chair recognizes Mr. Morse for remarks. Is Mrs. Morse with you? I think it would be nice if she came up with you.
This is really great. I'm just wondering who I talk to about my property taxes. (Laughter.)
This show actually was originally written to take place in New York City. When they asked me to do it, I said I would be interested in doing it, but they had to do it in Philly if they wanted to do it with me. (Applause.)
So obviously, that happened. But, you know, it's one thing to ask them to come down here and make a show and it's another thing to make it. And there's a lot of people who make, and a lot of people in Resolution - David Morse Philadelphia who not only make it but help to make it great. We've got Sharon Pinkinson in the film office. (Applause.)
We've got the... Just in the City of Philadelphia itself, you know, all that you're doing for us. The Philly P.D. who are out there on the streets with us every day. (Applause.)
On the beat. And we've got talent just every place. In the unions, in the craft unions. (Applause.)
You know, we've got even those Teamsters, I'm happy to say. And the SAGs, the Screen Actors Guild. And probably, I think as importantly as anything, the people of Philadelphia, the neighborhoods in Philadelphia, people who you represent. (Applause.)
It's a really big deal Resolution - Congressman Borski to have a film company come into your neighborhood. It is not a very convenient thing. It puts you out. But people have been so gracious to us and so welcoming. And I'm so grateful to them and to all of you. And I hope we can keep making you proud of what we're doing on T.V. where our show Hack. Thank you very much. (Sustained applause.)
The Chair will recognize Councilman Mariano, who will present a Resolution honoring someone who was given so much to the City of Philadelphia. It is a great honor that we present a Resolution today to Congressman Robert Borski. Councilwoman Krajewski.
Thank you, Madam President. I'm honoring a Congressman who's been my Congressman for 20 years. And I'm certainly going to miss him, as well as the District that he represents. So, I'm proud here to honor him today. A Resolution honoring Congressman Resolution - Congressman Borski Robert Borski for his service and commitment to the City of Philadelphia. Whereas, Congressman Robert Borski is a lifelong Republican -- Freudian slip. (Laughter.)
-- Philadelphian, captain of basketball and baseball teams at Frankford High School, before attending the University of Baltimore on an athletic scholarship; And whereas,
Whereas, Congressman Borski has served the citizens of Philadelphia and public office since the mid 1970's, and was elected to United States House of Representatives in 1982; and whereas, Congressman Borski is a senior member of the House Transportation Committee and serves as the lead Democrat in the Highway Transit Subcommittee; And whereas, Congressman Borski uses seniority and ability to make numerous transportation projects happen in the Delaware Valley, including projects related to I-95 and the reconstruction of the Market Frankford El and Resolution - Congressman Borski
Whereas, Congressman Borski also has been recognized by his colleagues and members of the House Democratic leadership for his appointment as a regional whip for Pennsylvania and Ohio; Whereas, Congressman Borski played a role in legislation that banned triple tractor-trailers and backhauling; And whereas, Congressman Borski served the needs of his constituents well by being a member of the Older Americans Caucus, the Diabetes Caucus, and the Prescription Drug Task Force, and through his many public meetings and open office hours. I'd also like to add that probably Congressman Borski has done more for this City and region in his 20-year career in a dignified and quiet way, than any elected official we've ever had. And I'd like to personally thank him for his strong and courageous stand for freedom in Ireland in the North of Ireland, before it was fashionable, when it was tough to be for those issues. He stood up. Resolution - Congressman Borski And that's why I'm proud to be here today to honor him for his service.
Resolved by the City Council of Philadelphia that we hereby honor Congressman Borski for his service and commitment to the citizens of Philadelphia. And we recognize and thank him for his many contributions to the City, the State, and the region. And be it further resolved, that an engrossed copy of this Resolution be presented to Congressman Borski as evidence of the sincere respect and admiration of his legislative body. Signed by the President of City Council, Anna Verna, and sponsored by all Members of City Council. (Applause.)
The Congressman wants to announce that he's going to seek the nomination of the Democratic Party for President of the United States, so you're here for a very historical moment. Congressman, not to put you on the spot. Go ahead. Resolution - Congressman Borski CONGRESSMAN BORSKI: Well, thank you very, very much. I want to just say that having had the opportunity to serve my District and my City and my Country for the past 20 years makes me realize how blessed and lucky I have been. For every day for the last 20 years in the Congress and the prior 6 in the State House, I was able to wake up knowing that I was going to work to try and make our community, our City and Country a better place, and I am thrilled to have had the opportunity. And I'm particularly excited today to accept this recognition. I know that as a Congressman the toughest job in American politics is a Councilman. You are here and you are dealing daily with the problems that affect people's lives, and do the most important thing and the most important part of government at all. And Joan Krajewski has been my Councilman... Well, 1980 when Joe Zazitsny had left, and she had taken over. And she has done an exceptional job. And I just say I live in that Ward Resolution - Congressman Borski of hers, the 65th, and I'm going to stay in that Ward of hers of the 65th. And I'm going to try to do whatever I can to make this City a better place. Let me say one final thing, if I may. I've had the great opportunity, while serving in the Congress, to travel and see the great cities of the world. And I can tell you, Philadelphia is at the top of the list. This is a great City, and a great place to live and work. And thanks to all of you, we can make it even a better place. Thank you all very much. (Applause.)
Committee of the Whole will be reconvening its hearing -I'm just looking at the clock -- in two minutes. (Brief recess.)
We will now continue with our Stated Meeting. The Chair at this time would like to recognize Councilwoman Blackwell for a motion to approve the Journal of the Meeting of December 12.
Thank you, Resolution - Congressman Borski Madam President. I move that the Journal of the Meeting of Thursday, December 12, 2002, stand approved. UNIDENTIFIED VOICE: Second.
It has been moved and properly seconded that the Journal of the Meeting of Thursday, December 12, 2002, stand approved. All in favor will indicate by saying aye. (Chorus of ayes.)
The ayes have it. The motion carries. The Journal of the Meeting of Thursday, December 12, 2002, is approved. The next order of business is request for leave of absence. And the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no requests for leaves of absence on the part of the Majority. Resolution - Congressman Borski
The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.
Madam President, on behalf of the Republicans, there are no requests for leaves of absence.
The Chair thanks the gentleman. 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. COUNCIL CLERK: To the President and Members of the Council of the City of Philadelphia: I am pleased to advise you that on December 17, 2002, I signed all of the Bills that were passed by Council at its session on December 5, 2002, except 020481; and am transmitting for the consideration of your honorable body a resolution entitled: "A Resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia, for the redevelopment and urban Resolution - Congressman Borski renewal of a portion of the Model Cities Urban Renewal Area." And to the President and Members of the Council of the City of Philadelphia: I am herewith returning to you as disapproved Bill Number 020481.
The Clerk will please read any other messages. COUNCIL CLERK: That's all I have, Madam President.
Thank you. The messages will be printed in the Journal. The next order of business is the introduction of Bills and Resolutions. And the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the Rules of Council be suspended in order to permit the immediate consideration of resolutions at the time of introduction. UNIDENTIFIED VOICE: Second.
It has Resolution - Congressman Borski 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 will indicate by saying aye. (Chorus of ayes.).
The ayes have it. The motion carries. The Chair recognizes Councilman Kenney.
Thank you. The Clerk will please read the title of the first Resolution. COUNCIL CLERK: A Resolution honoring the members of the Satin Slippers New Year's Brigade for their heroism in rescuing a woman from the Delaware River.
The Chair recognizes Councilman Kenney. Resolution - Congressman Borski
Move the adoption of the Resolution. UNIDENTIFIED VOICE: Second.
It has been moved and properly seconded that the Resolution be adopted. All in favor will indicate by saying aye. (Chorus of ayes.)
The ayes have it. The motion carries. The Clerk will please read the title of the second Resolution. COUNCIL CLERK: A Resolution honoring Dennis J. Palladino.
Move for the adoption of the Resolution. UNIDENTIFIED VOICE: Second.
It has Resolution - Congressman Borski been moved and properly seconded that the Resolution be adopted. All in favor will indicate by saying aye. (Chorus of ayes.)
The ayes have it. The motion carries. Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning I introduce one Resolution on your behalf.
Thank you. The Clerk will please read the title of the Resolution. COUNCIL CLERK: A Resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of this City deeds located the 30th, 36th, 40th and 48th Wards of the City of Philadelphia.
The Chair Resolution - Congressman Borski recognizes Councilwoman Blackwell.
Thank you, Madam President. I move for the adoption.
It has been moved and properly seconded that the Resolution be adopted. All in favor will say aye. (Chorus of ayes.)
The ayes have it. Motion carried. The Chair recognizes Councilman Cohen.
Madam President, on behalf of the overwhelming number of Council Members, I introduce two Resolutions.
Thank you. The Clerk will please read the title of the first Resolution. COUNCIL CLERK: A Resolution calling on the University of Pennsylvania to drop its appeal of the National Labor Relation Board's Resolution - Congressman Borski decision regarding graduate employees at the University of Pennsylvania, which declared that graduate students who perform teaching and research work for the University are employees and have the right to vote in a union election, to be supervised by the NLRB early in 2003.
Madam President, I move the adoption of the Resolution. UNIDENTIFIED VOICE: Second.
Madam President, I wish to be recognized on the subject.
Standing in the room are leaders of the effort, the new effort in the labor movement, to right a wrong that's existed a long time, and that is universities both public and private for many, many years have exploited graduate students who they use as members of the faculty but pay very little money, Resolution - Congressman Borski to the detriment and hardship for the students. It's been a long battle in the law courts, but they finally began to recognize in public universities that the graduate students are basically employees and they have a right to organize. One of the holdouts in the private field has been the University of Pennsylvania. And I'm delighted to let the graduate students here from the University of Pennsylvania and from Temple, who are working together with Temple to achieve recognition and the contracts last year to the University of Pennsylvania where the titans of financing dominate the Board of Trustees and were fighting very hard against the concept of unionization. We applaud your courage. We think you're doing great. We think our children and grandchildren are going to have better educations because of the work you're doing. We applaud your work. And I'm delighted to tell you that you have the full backing of City Council, as you can see by the signatures on the Resolutions. And Resolution - Congressman Borski so, I urge a positive vote by all Members of City Council.
Thank you, Councilman. It has been moved and seconded that the Resolution be adopted. All in favor will say aye. (Chorus of ayes.)
The ayes have it, and the motion carries. The Resolution is adopted. (Applause.)
The Clerk will please read the title of the second Resolution. COUNCIL CLERK: A Resolution authorizing the City Council Committees on Law and Government and Public Safety to investigate the efficiency and the effectiveness of replicating the Philadelphia Drug Treatment Court to increase its capacity to treat Philadelphia citizens. Resolution - Congressman Borski
I move the adoption of the Resolution and ask to be heard for one moment on this.
Judge Presenza, the President Judge of Municipal Court, has labored for many years quietly in the vineyards developing a program that he employs in the Court System to deal with long-term drug offenders, for every other system has failed. He has been recognized nationally as a leader in the City of Philadelphia program. Unlike some other programs, this program has been recognized as a national model. Therefore, I think it timely that we begin to explore whether that program can find a way of being enlarged so that more people could benefit. Resolution - Congressman Borski Currently some 350 to 500 people enroll in the course. Its success rate -- Sit down so you don't fall down -- is about 95 percent. Most success rates are about five percent. And therefore, it's very important for us in Philadelphia, those of us concerned really about the quality of life, to see if there are ways to first learn about this expanded program, and see if we can help Judge Presenza expand the wonderful work of that Court. And this Resolution calls for a hearing so that everybody gets to know about the program. Thank you, Madam President.
You're welcome. It has been moved and seconded that the Resolution be adopted. All in favor will signify by saying aye. (Chorus of ayes.)
Those opposed? (No response.) Resolution - Congressman Borski
The ayes have it, and the Resolution will be referred to the appropriate Committee. At this time the Chair recognizes Councilwoman Krajewski.
Thank you. The Chair recognizes Councilman Mariano.
The Clerk will please read the title of the first Resolution. COUNCIL CLERK: A Resolution honoring the Frankford High School football team on winning the Public League Championship.
Do I hear a second? Resolution - Congressman Borski UNIDENTIFIED VOICE: Second.
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. (Chorus of ayes.)
The ayes have it, and the motion carries. The Clerk will please read the title of the second Resolution introduced by Councilman Mariano. COUNCIL CLERK: A Resolution approving the redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the American Street Industrial Corridor, Urban Renewal Area.
Move for the Resolution - Congressman Borski adoption of the resolution. UNIDENTIFIED VOICE: Second.
It has been moved and properly seconded that the Resolution be adopted. All in favor will say aye. (Chorus of ayes.)
The ayes have it, and the motion carries. The Chair recognizes Councilwoman Tasco.
The Chair thanks the Councilwoman. The Chair Recognizes Councilwoman Miller. She's not in the room at the moment. The chair recognizes Councilman Nutter.
The Clerk Resolution - Congressman Borski will please read the title of the bill. COUNCIL CLERK: An Ordinance authorizing the Business Association of West Parkside to construct, own and maintain various encroachments on, under and over the footway portions of the public's rights-of-way at the southwest corner of the intersection between Belmont Avenue and Parkside Avenue.
This Bill will be referred to the appropriate Committee. And the Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer one Resolution this morning.
The Clerk will please read the title of the Resolution. COUNCIL CLERK: A Resolution declaring January 22, 2003, Reproductive Choice Day.
I move for the adoption. Resolution - Congressman Borski UNIDENTIFIED VOICE: Second.
It has been moved and seconded that the Resolution be adopted. All in favor will indicate by saying aye. (Chorus of ayes.)
The ayes have it, and the motion carries. The Chair recognizes Councilman Goode.
Madam President, I have two Bills and one Resolution to be referred to Committee, and one Resolution introduced by Councilwoman Blondell Reynolds and myself that are to be voted on. And I would like to speak on it.
The Clerk will please read the title of the bill. Resolution - Congressman Borski COUNCIL CLERK: An Ordinance amending Title 28 of The Philadelphia Code entitled "Officers and Employees." By amending Chapter 2600 to prohibit the receipt of contributions by City-elected officials or candidates for City offices from individuals or businesses.
Bill will be referred to the appropriate Committee. COUNCIL CLERK: And an Ordinance providing for the submission to the qualified Electors of the City of Philadelphia of a new Article 13 of the Philadelphia Home Rule Charter, as approved by Resolution of the City Council.
This Bill will also be referred to the appropriate Committee. The Clerk will please read the title of the first Resolution. COUNCIL CLERK: A Resolution proposing an amendment to the Home Rule Charter, by adding a new Article 13 thereof, to establish a Campaign Finance Board, whose members shall be appointed by the Mayor, City Council, and the City Resolution - Congressman Borski Controller.
Thank you. This Resolution will be referred to the appropriate Committee. Is there a second Resolution? Please read the title. COUNCIL CLERK: And a Resolution urging the Philadelphia Congressional Delegation to continue their efforts to promote world peace.
Thank you, Madam Chair. I move for the adoption of the Resolution. I'd like to speak on it first. UNIDENTIFIED VOICE: Second.
Madam Chair, the Resolution commends Congressman Bob Brady and Congressman Chakkah Fattah for their courageous vote in the Congress opposing the Resolution giving the President a blank check authorization to begin war whenever he wishes or wants. World opinion and the opinion of Resolution - Congressman Borski many people across the United States put the issue once again before the United Nations. Over 22 cities in the country have voted resolutions asking our central government, our Federal Government, to slow down; look at the facts; and to give peace a chance. I think we don't want to make the same mistakes that we made back in 1963 when one courageous Senator Wayne Morse was the only person voting against the Tonkin Resolution, a resolution that was later on proved to be based on fiction and lies. I believe that right now in this country we're poised to go to war. And people have to begin saying that there are many voices in this country, many voices that speak. And this country has voices that say: No, you can't go that way. You have to hold. You have to try every diplomatic solution to the problem. War is always the last alternative. We can not be acting preemptively. We can not be acting as if we are the lords of the universe. We have to be able to act within the society of Resolution - Congressman Borski nations. And I think... I hope that this resolution gives to our Congressional delegation some sort of backing so that others can emulate Congressman Brady and Congressman Chakkah Fattah. Thank you. I move for the adoption of the Resolution.
Thank you. It has been moved and seconded that the resolution be adopted. All in favor will signify by saying aye. (Chorus of ayes.)
The Chair recognizes Councilman Di Cicco. (Applause.) COUNCILMAN Di CICCO: Thank you for the applause. (Laughter.) COUNCILMAN Di CICCO: I offer one Resolution - Congressman Borski Bill, Madam President.
Thank you. The Clerk will please read the title of the bill. COUNCIL CLERK: An Ordinance authorizing revision of lines and grades on a portion of City Plan Number 27-S, by striking from the City Plan and vacating Water Street from Jackson Street southerly.
The Bill will be referred to the appropriate Committee. And the Chair recognizes Councilman O'Neill.
The Clerk will please read the title of the bill. COUNCIL CLERK: An Ordinance amending Title 14 of The Philadelphia Code entitled "Zoning and Planning," by amending Chapter 14200 entitled "Residential Districts," by amending use regulations of R6 residential districts and by making certain technical amendments under certain terms and conditions.
The Bill Resolution - Congressman Borski will be referred to the appropriate Committee. The Chair recognizes Councilman Clarke.
Thank you, Madam President. One Bill and one Resolution.
Thank you. The Clerk will please read the title of the Bill. COUNCIL CLERK: An Ordinance amending Title 17 of The Philadelphia Code entitled "Contracts and Procurement," to improve compliance with certain participation and Affirmative Action requirements.
Bill will be referred to the appropriate Committee. The Clerk will please read the title of the Resolution. COUNCIL CLERK: And a Resolution approving a redevelopment contract and disposition supplement of the Redevelopment Authority of the City of Philadelphia for the redevelopment and urban renewal of a portion of the Cecil B. Moore Avenue Urban Renewal Area.
The Chair recognizes Councilman Clarke. Resolution - Congressman Borski
Move for the adoption of the resolution. UNIDENTIFIED VOICE: Second.
It has been moved and properly seconded that the Resolution be adopted. All in favor will indicate by saying aye. (Chorus of ayes.)
The ayes have it, and the motion carries. The Chair recognizes Councilman Longstreth.
Chair thanks the gentleman. The chair recognizes Councilman Rizzo.
Thank you. Resolution - Congressman Borski The next order of business is reports from committees, and the Chair recognizes Councilwoman Blackwell for a report from the Committee of the Whole.
Thank you, Madam President. The Committee of the Whole reports out one Bill and 13 Resolutions with favorable recommendations.
The Clerk will please read the report. COUNCIL CLERK: To the President and Members of the Council, The City of Philadelphia, The Committee of the Whole, to which was referred Bill Number 020808, entitled "An Ordinance extending the discount period and the due date for payment of real estate taxes due in 2003"; And a Resolution Number 020772 entitled "Resolution appointing David Rubenstein to the Board of Directors, Center City District of Philadelphia"; And Resolution Number 020773, entitled "Resolution pointing Robert Lane to the Board of Directors of the Center City District of Philadelphia"; Resolution - Congressman Borski And Resolution Number 020774 entitled "Resolution appointing Larry Howard to the Board of Directors of the Center City District of Philadelphia"; And Resolution Number 020775 entitled "Resolution appointing Randall Scott to the Board of Directors of the Center City District of Philadelphia"; And Resolution Number 020776 entitled "Resolution appointing Valerie Ferguson Board of Directors of the Center City District of Philadelphia"; And Resolution Number 020777 entitled "Resolution appointing Robert Williams to the Board of Directors of the Center City District of Philadelphia"; And Resolution Number 020778 entitled "Resolution appointing Dean Adler to the Board of Directors of the Center City District of Philadelphia"; And Resolution Number 020779 entitled "Resolution appointing Janet Calderwood to the Board of Directors of the Center City District of Philadelphia"; Resolution - Congressman Borski And Resolution Number 020780, entitled "Resolution appointing William Boone to the Board of Directors of the Center City District of Philadelphia"; And Resolution Number 020781 entitled "Resolution appointing Allan Kalish to the Board of Directors of the Center City District of Philadelphia"; And Resolution Number 020782 entitled "Resolution appointing Joseph Zuritsky to the Board of Directors of the Center City District of Philadelphia"; And Resolution Number 020783 entitled "Resolution appointing Judith Eden, Esquire, to the Board of Directors of the Center City District of Philadelphia"; And Resolution Number 020784 entitled "Resolution appointing Ronald White, Esquire, to the Board of Directors of the Center City District of Philadelphia." Respectfully reports it has considered the same and returns the attached Resolutions and Bill to the Council with favorable recommendation. Resolution - Congressman Borski
Thank you. The Chair now recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Rules of Council be suspended as to permit first reading today of Bill Number 020808.
It has been moved and properly seconded that the Rules of Council be suspended as to permit first reading this day of Bill Number 020808. All in favor will indicate by saying aye. (Chorus of ayes.)
The ayes have it, and Bill Number 020808 will be placed on today's first reading calendar. The 13 Resolutions read by the Clerk Resolution - Congressman Borski will be placed at the end of today's calendar. The Chair recognizes Councilman Mariano for a report from the Committee on Licenses and Inspections.
Thank you, Madam President. The Committee on Licenses and Inspections reports three Bills with a favorable recommendation.
Thank you. The Clerk will please read the report. COUNCIL CLERK: To the President and Members of the Council of the City of Philadelphia: The Committee on Licenses and Inspections, to which is referred Bill Number 020496 entitled "An Ordinance amending Section 9205 of The Philadelphia Code entitled: Sidewalk sales, by prohibiting sidewalk sales on portions of 18th Street and Callowhill Street"; And Bill Number 020634, entitled "An Ordinance amending Title 4 of The Philadelphia Code by amending requirements applicable to the vacant premises"; And Bill Number 020758, entitled "An Ordinance amending Title 4 of The Philadelphia Resolution - Congressman Borski Code by amending provisions relating to fees assessed for certain licenses and permits, all 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.
Thank you. The Chair recognizes Councilman Mariano.
Madam President, I move that the Rules of Council be suspended so as to permit first reading this day of Bill Number 020758. UNIDENTIFIED VOICE: Second.
It has been moved and properly seconded that the Rules of Council be suspended so as to permit first reading this day of Bill Number 020758. All in favor will indicate by saying aye. (Chorus of ayes.)
Those opposed? (No response.) Resolution - Congressman Borski
The ayes have it, and Bill Number 020758 will be placed on today's first reading calendar. Bill Numbers 020496 and 020634 will be placed on the first reading calendar for our next Council session.
Thank you, Madam President. I apologize for the delay. Madam president, I move that we reconsider the vote by which Bill 020481 was taken on December 5, 2002.
Thank you. Council will now proceed under a special order of business to the reconsideration of Bill Number 020481. This Bill was passed by the Council at its December 5, 2002 session and was disapproved by the Mayor and returned to Council today. Is there a second to Councilman Nutter's motion? UNIDENTIFIED VOICE: Second.
All in favor will indicate by saying aye. (Chorus of ayes.) Resolution - Congressman Borski
The ayes have it. The motion carries. Council will now reconsider the vote by which Bill Number 020481 was passed. The Clerk will please read the title of the bill. COUNCIL CLERK: An Ordinance amending Title 17 of The Philadelphia Code entitled "Contracts and procurement, by adding a new chapter, requiring the City Controller to prepare or cause to be prepared economic impact statements for certain development projects prior to funding of such projects by the City or a City-related agency, all under certain terms and conditions."
This Bill having been read on two different days was duly approved by City Council on December 5, 2002, and today was returned to Council by the Mayor as disapproved. The question is: Shall Bill Number 020481 pass, notwithstanding the Mayor's Resolution - Congressman Borski disapproval. Please note that a vote of aye, a vote of aye, is a vote to override the Mayor's veto; a vote of no is a vote to sustain the Mayor's veto. The Clerk will please call the roll. COUNCIL CLERK: Councilwoman Blackwell.
Aye. COUNCIL CLERK: Councilman Di Cicco. COUNCILMAN Di CICCO: Aye. COUNCIL CLERK: Councilman Goode.
No. COUNCIL CLERK: Councilman Longstreth. Resolution - Congressman Borski
Aye. The vote is nine, eight. The motion fails. The next order of business is the Resolution - Congressman Borski consideration of the calendar. The Clerk will please read the Bills on the first reading calendar. COUNCIL CLERK: Bill Number 020808, an Ordinance extending the discount period for the due date for payment of real estate taxes due in 2003.
Chair agrees. COUNCIL CLERK: And Bill Number 020758, an Ordinance amending Title 4 of The Philadelphia Code subcode a, by amending provisions relating to fees assessed for certain licenses and permits, relating to fees assessed for Business Privilege Licenses, all under certain terms and 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. That concludes the first reading calendar. The Chair now recognizes Resolution - Congressman Borski Councilwoman Blackwell for the purpose of calling out the bills on second reading and final passage calendar.
Today Bills Number 020490, 020491, 020761, 020666, 020667, 020668, 020669, 020671, 020672, 020673, 020678, 020679, 020681, 020682, 020684, 020685, 020686, 020737, 020738, 020742, 020474, 020483, 020583, 020504, 020505, 020548, 020549, 020565, 020566, 020567, 020568, 020570, 020571, 020572, 020573, 020574, 020575, 020716, 020739, 020740, and 020741 are being called up for second reading and final passage. All other Bills are being held.
Thank you. Clerk will please read the title of the first bill, Bill Number 490. COUNCIL CLERK: 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 Resolution - Congressman Borski be based upon the assessed value of real estate as returned by the Board of Revision of Taxes in 2001," under certain terms and conditions.
Councilman Di Cicco. COUNCILMAN Di CICCO: Madam President, concerning Bill Number 490, I mean, it's previously been tabled, and I want to make a motion that the Bill be taken off the table. And I wish to be heard on it. UNIDENTIFIED VOICE: Second.
It has been moved and seconded that Bill Number 490 be removed from the table at this time. And it has been seconded. At this time the Chair recognizes Councilman Di Cicco. COUNCILMAN Di CICCO: Thank you, Madam President. Over the past few weeks I have not called for a vote to remove this Bill from the table, basically because I really wanted to see what would happen with some of the other property tax bills that had been introduced, particularly Resolution - Congressman Borski the ten percent and the four percent bills or the cap bills. One failed an override, and the other is unenforceable without state legislation. And I voted for the deferral bill, but I do not believe that it really solves any property tax problems. Many of my constituents, and all of our constituents for that matter, really will not benefit, because they won't qualify for the Bill. I think testimony today by the Revenue Commissioner indicates that about 135,000 people who have mortgages will probably either not qualify or have difficulty in working through the maze of issues to get their mortgage companies to figure out how they're going to handle this deferral, if in fact that's something that they elect to do. I think the interest on the deferral can be problematic to many property owners. We spoke during the public hearings about some of the possibilities, especially with seniors, who may elect to do the property tax deferral because they figure, well, it's less money that they may have Resolution - Congressman Borski to lay out in any given year or years. And quite frankly, there's the scenario that in many cases, by deferring the tax assessments over a long period of time, the taxes may exceed actually what the property value, the value of that property is, in effect leaving the property to the heirs that is in debt. So, I just don't see any reason and I don't see any benefit to that in the long run or in the short term because, again, in my opinion it doesn't speak to any real property tax relief. In October... I argued back in October, and I demonstrated -- and some people, again, thought that it was just grandstanding on my part -- that the best solution I thought at the time was to offer a temporary tax bill so that we can move forward with some real property tax reform. But if we can't realize that now, I think that we are really doing an injustice to all of our constituents. Today I don't believe that anything by the way of legislation really helps the property owners. And today's Inquirer and Daily Resolution - Congressman Borski News just this morning speak about a situation that speaks to some of the things that we talked about during the hearings, and were recognized by the folks at the BRTA that there are problems, there are problems in this system. It is flawed. And again, I'll speak to those several thousand envelopes that I demonstrated in this very room, where people were getting bills and notices on property taxes for buildings and properties that they don't even own. I mean, there's something wrong with this system. The purpose of the tax freeze bills was to get this Council moving on real property tax reform. And I thought we got close to it. I was willing to withdraw these bills had we passed the ten percent cap. And I think Councilman Nutter did a great thing when he introduced the amendment. It was only for one year. I think that was the answer to all of our problems, at least in the immediate future. But that bill was vetoed. We couldn't override the Mayor's veto. What do the people have today that gives them any real property tax relief going Resolution - Congressman Borski forward? A very convoluted system on a deferral bill, that it was supported by the Mayor, and really can't be explained, in my opinion, thoroughly enough for the average person or even myself -- or maybe I'm not average; maybe I'm below average: Call me what you will -- by the Revenue commissioner.
We have made things even more confusing than would be less confusing if we either did the ten percent bill that was vetoed and we couldn't override or at least give some temporary relief by way of the freeze bill. The Revenue Commissioner, at the end of her testimony said, that the freeze bills get real close to what she was suggesting by way of the deferral program that she was laying out. Why do we have to get close? Why don't we just do what we're elected to do, and that is represent the people who are asking us to do what we can do to make a difference when it comes to real estate taxes and how we apply those taxes and how we assess them today. It's my understanding, again, based on the articles I've read today and some anonymous Resolution - Congressman Borski calls that I receive from people over the BRTA, that the system now is worse than before. For decades we have been talking about real property tax reform. In the early '80s -- and Councilman Nutter was very eloquent in pointing out some of the testimony that took place in the '80s, when we had a similar massive excessive counterproductive real estate tax increase at that time, that the Council took the position to back off, to try to figure something out that made sense going forward. I think we're asking for the same thing today. And we're asking the Mayor, who led the charge in the early '80s, for that type of tax reform, to understand that the people are angry, and they need something, and they need some relief, and they need a system that is much more transparent, much more understandable. So I think it is appropriate if we do this tax freeze bill, because God knows how long it's going to take us to get this Commission up and running, and only God will know whether or not they're going to come back with anything in a year or so that is palatable to this Council. Resolution - Congressman Borski We should go back and revisit the ten percent, if that's legally possible, or some sort of legislation that will give us that kind of relief. We also read in the Inquirer today where the state legislature is considering a four percent cap, but they can't do anything until next year. What is the rush? Why are we so in a hurry to tax the people who we represent in a way in which we all understand has flaws. It is a flawed system. It is not an equitable system. It penalizes a lot of people, the very people we have been charged to represent. The evaluators who put out that letter to the BRT, their job... They are charged with responsibility of evaluating properties. And if they are saying that there's something wrong with the system, who else do we need to speak to? We're not evaluators. We heard people come in here and talk about some of the issues that are in that letter, that anonymous letter that was sent to the Daily News and the Inquirer. Resolution - Congressman Borski We heard people come in here and testify that they couldn't understand why their property, which has less square footage than the property next door or down the street, is being assessed at a higher value than the property that had more square footage than theirs. They speak to it. The evaluators who wrote that letter or that petition speak to that. There are condition codes that they speak to, which are not appropriate and are not equitable. We should listen to the people who are hired to do the job of evaluating and assessing properties when they say the system is broken. Those are the people we should be listening to, in addition to our constituents. So I would ask we vote Bill 490 and 491 out today favorably. Thank you, Madam President. I'm sorry. The motion is that the Bills get taken off the table.
Thank you. Councilman Rizzo would like to be recognized.
Thank you, Madam Resolution - Congressman Borski President. Madam President, I'm not attempting to debate this issue right now, but I would like to set the record straight, that apparently the Councilman is not aware of the Mayor's letter that was circulated here at our last Council session which waived the interest on the deferral, agreed that there be no lien on the property, and that there would be no eligibility criteria that anyone that was in excess of 15 percent would be eligible to defer their increase in assessment, their increase in their taxes. So I just wanted to make sure that the record reflected that that adjustment has been made. And the Administration is working very closely with me to adopt a deferral program that that will be, again, the short-term resolution to this issue until the tax commission wrestles with this issue. So I just didn't want the record to be flawed by the statements that were made. They were not accurate. Thank you.
Thank you. The Chair recognizes Councilwoman Tasco. Resolution - Congressman Borski
Madam President, I support Councilman Di Cicco's statement, in terms of us being able to do something for our constituents. For the last three days the residents of the Ninth Councilmanic District have been over before the Zoning Board on the appeals property -- I mean, BRT on the appeals. And my staff person came back and told me there were just absolutely horror stores. But I point out the fact that the system is flawed. And they themselves pointed out the fact. There was a property over-assessed at double the worth of this person's home, and that property was used to compare other homes in the District. There were several properties in the system which were listed as rental properties where they were actually residential properties. There are properties in my District that are two-and-a-half stories and they're treated as three-story buildings. There are no inspections. Inspectors just stand outside. And that's been Resolution - Congressman Borski testified and made part of the record here, how this assessment was done. And when a resident refinances his or her property, often the system would use those figures as a measure of the market value. They may not be important to you, Rick.