Aye. The nays are 10, the ayes are 7. The motion fails. We will now consider the vote for final passage.
It's with a great deal of sadness that I address this action, which has no SECOND READING - BILL 000629 business coming before this City Council. For this great city's council's legislative body to even think of taking away rights of citizens in favor of the rights of developers is an absolutely wrong principle. We're supposed to be representing the people. This bill by Councilman DiCicco has so many flaws in it that every newspaper in the City and media outlet has been in opposition to this bill. Every community organization, save perhaps one or two, are overwhelmingly opposed to this bill because it takes away rights. For someone who says he's interested in building the City and getting growth, this is the wrong way to do it. What this bill says is any developer from anywhere in the world -- he doesn't have to be a citizen, he doesn't have to be a resident, anybody can go into any neighborhood and propose a bill to develop something, put up a billboard, do anything that's harmful to the neighborhood. Anybody from outside the City can do it, but only those very close by will ever have a right to oppose it. What a travesty of justice to say developers have all the rights and the people SECOND READING - BILL 000629 have none. This bill has so many flaws on it. It's been the subject of many editorials in the newspapers and many articles by the people. I urge my colleagues to put an end to this once and for all and by voting no on this bill. It ought not to have come to this because it is an insult to the people of Philadelphia that this body's even compelled to vote on this bill. Thank you, Madam President.
Thank you, Madam President. Madam President, I've never seen a bill come before this body that has been so rejected across the board by the huge majority of the civic associations of the City, from the Northeast to Southwest Philadelphia to North Philadelphia, Central, every organization -(Interruption.)
Excuse me, SECOND READING - BILL 000629 Councilman. (Addressing unauthorized person on Council floor.) Mr. Gillespie.
We got a new Councilperson. Organization after organization have asked the members of this council to reject this bill. It's a bill that pretends to be something that it is not. It is not about neighborhoods; it's really about taking power and rights from citizens across Philadelphia. We are a city; we're a city of neighborhoods but we are a city. We're not a Balkanized city. Sometimes we are a segregated city, and that is something that we have to struggle against, the segregation that keeps people apart with different barriers, invisible or not. This bill does not take us to that ideal of us being Philadelphians, of us being a city. In fact, it drives us back into our little enclaves and prevents people who have some rights, the citizens of this city and other individuals, from expressing their thoughts on something that might blight our environment. SECOND READING - BILL 000629 It is a wrong bill. It is a bill brought forward by the powerful, by the people with money. It is not a bill brought forward by community because the community groups, as present here and in writing across the City, have said to vote no on 629. I ask this body to reject it and to give people -- because we were once known as "the people's body" -- to give people back their voice and make this a city, not enclaves. Thank you.
Thank you, Madam President. I will try to be brief but to the point. In June of this year, I was asked by a couple of my colleagues if I would hold the bill until they had time to meet with the various community groups who had some concern for the bill, and in respect to those colleagues, I tabled the bill for the better part of, I guess, about four and a half months. SECOND READING - BILL 000629 But it's interesting what my colleague Councilman Cohen is saying, that if this bill passes, it will allow developers from all over the world to come into the City of Philadelphia and do development without any public input. I wish we could get developers from all over the world to come into the City of Philadelphia and develop our city to make it a better place, to create jobs and economic opportunities for the citizens of this city. My dear friend and colleague Councilman Ortiz made a good point when he says we are a segregated city. I don't look at it as a segregated city; I look at it as a city of neighborhoods. And in my opinion, that is what the heart of this bill is all: Allowing the uniqueness of the individual neighborhoods that make Philadelphia unique in this country, of the diversity throughout the neighborhoods throughout this city to allow individuals in those communities and organizations and community groups and advisory councils to make decisions that will affect the quality of life in their neighborhood. This is not going to, as Councilman Cohen SECOND READING - BILL 000629 says also, that this will allow developers to come in and do as they want. The bill, as it stands today, allows any individual who pays a single tax in the City of Philadelphia, regardless if he or she lives in this city, the ability to stand in front of the court and ask for an immediate appeal and get an immediate appeal on a zoning decision that had been granted by the Zoning Board and with the approval of the community group after many weeks, and sometimes months, of negotiations with that developer or developers. This is not about silencing the people. I came from the bolt of cloth that created three nonprofit groups in the last twenty years: The Italian Market Civic Association, the South Broad Street Beautification Committee, and Citizens Alliance for Better Neighborhoods. All of those groups or organizations were formed with the intention of empowering the people in the various communities even before I became a Councilperson, so it was before my district, but people in my community, empowering them and bringing them into the political process so that they would have the say in what goes on in their community that affects the quality of life for them and their children. SECOND READING - BILL 000629 This is not about -- select enforcement is what we're dealing with today where some advocacy groups purport to be against certain things unless the situation suits their needs. We all know about the half a million dollar payoff -- I don't want to belabor that point. If I would have done that or any other member of this Council would have accepted a half million dollar consideration to withdraw an appeal on a zoning, you would be having a hearing with me at Sixth and Market in federal court today. This is really about empowering people. There's been a total misrepresentation of the facts, I think everyone understands that. And I will say this publicly: If any of the dire consequences that have been purported over the last four months should occur in any community with any community group, I'll be the first person to ask to repeal this bill. This is not about -en -- enfranchising communities, I think it's about enfranchising them even more so, 'cause that's where I came from. And as to -- again, with all due respect to Councilman Ortiz saying that he's never seen such an outcry, I can recall in the six and a half years SECOND READING - BILL 000629 that I've been here three very controversial bills.
I remember when this chamber and the gallery were packed with police and firemen, many of whom are my friends and neighborhoods, urging me to vote for the pension bill, the first pension bill, and I voted against it because it was a bad bill, and we created a bill that was even better for them. I remember the Archdiocese spending about a quarter of a million dollars to defeat me and colleague Councilman Kenney by putting ads in local newspapers saying that if the domestic-partner bill would pass, it's the end of the world for civilization as we know it. We voted for that bill because it was the right thing to do. That was about peel and empowering people. m. in the morning, when my colleague Councilman Cohen stood up and told me I had no right to make a motion on the floor of this chamber when we were dealing with sidewalk behavior, and it was his opinion at the time that if that bill passed, everyone's human rights in the City of Philadelphia would be violated, people would be taken off the sidewalks, their rights as citizens would be violated, they SECOND READING - BILL 000629 would have no say. The bill passed, we did the right thing by doing that bill, and no one's rights have been violated. It is not the end of the worlds if 629 passes. I would encourage my colleagues to vote for the bill. And you have my word: If any community group or District Councilperson, who are engaged in every zoning application that comes through our respective districts -- at least I know I am. We're there all the time. I don't need somebody from Bucks County coming in to fight a zoning application for a supermarket at Tenth and South, when the community wants that supermarket. Let the people in the community decide what is right for them. And I did this bill and I didn't use any geographical boundaries. I said that the request of Councilman Cohen or any community group or organization would have standing on the appeal process in the Court of Common Pleas. Thank you, Madam President.
Thank you. The chair recognizes Councilman Cohen.
Thank you, Madam SECOND READING - BILL 000629 President. Let's deal with some facts. First of all, Councilman DiCicco has attempted to spread this story that he tells us now all throughout the City for many months. In the June meeting, when he held up the bill for the first time, he said, "I'm going to campaign all over the City because I know all community organizations are in favor of this bill." The community organizations are very much interested at every step of the way in empowering their communities, but the community organizations see that this bill takes power away from them, it does not empower them, and so they've rejected the misrepresentations made by my colleague Councilman DiCicco. With respect to that 2:30-in-the-morning effort on my part to prevent Councilman DiCicco from making a motion, it was because the motion was to cut off discussion, to take away the rights of Councilmembers from further discussing the sidewalk bill, just in line with his effort now to take away the right of discussion from the people in the City of Philadelphia. There are many issues that come up that SECOND READING - BILL 000629 there may be no local organization prepared to fighting it, the millions, sometimes the hundreds of millions of dollars of developers. Therefore, you need citywide organizations available to represent the interests of all people. This is not a city of fiefdoms, this isn't a city where one local group has the right to build barriers and keep the rest of the City away, saying, It's none of your business. This is one city; we've got to make it so. Just a couple days ago, the Pennsylvania Supreme Court issued a ruling against the major supporter of this bill, the billboard operator. It was a case that went from the Zoning Board to the Common Pleas Court to the Commonwealth Court to the Pennsylvania Supreme Court. And the Supreme Court dismissed the appeal, indicating it was absolutely right that the organization, the citywide organization -- in my judgment, a great organization -- SCRUB, which fights on behalf of all people everywhere in the City with respect to the environmental questions, the Supreme Court said they were right and this developer was wrong. The Supreme Court of Pennsylvania stands fully behind RECONSIDERATION OF BILLS 010523, 010527 the rights of citizens to be empowered, not disempowered. I urge all of my colleagues to vote no on 629. It is a terrible bill from every point of view. (Applause.)
At this time, we're going to delay the vote on this bill. We're going to go into special business now. Council will now proceed under a special order of business to reconsider Bill No.'s 010523 and 010527. Bill No. 010523 was passed by the Council at its September 20th session and was returned disapproved by the Mayor to today's session of Council. The Mayor's veto message has already been read into the record, has it not, to the chief clerk -- by the clerk?
The chair now recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that Council reconsider Bill No. 010523, which was approved by Council on September 20, 2001. RECONSIDERATION OF BILLS 010523, 010527 And may I add, Madam President, that I'd like to make remarks on this bill.
It has been moved and seconded that we reconsider Bill No. 010523. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. The chair recognizes Councilwoman Blackwell.
Thank you, Madam President. Madam President, I was very happy to be in the 15-2 vote with regard to Bill No. 010523. I rise to speak on this bill today because I am ambivalent, as has been evidenced all morning, and I've talked to almost everybody in this body, and, of course, to ascertain what their opinions were and to talk about the various issues as we see them today. RECONSIDERATION OF BILLS 010523, 010527 City Council should, and must, make its own decisions. As separation of powers, the executive legislative and judicial bodies, it must be done. We as legislators, however, should not feel torn between representing some segments of our respective communities who feel they have been disenfranchised and ourselves as a legislative body. Madam President, I support you, I always have and I always will. I add, however, that I feel that my role as majority leader in this Council dictates that I appeal for a compromise, which, the public, I believe, has the right to expect from reasonable leaders such as we have in this body today. Madam President, I finally feel -ultimately, I feel that a mere three divisions in our whole city, a mere three divisions, should not dictate that we have the problem that we have today. Therefore, I move that we, City Council, hold this bill for one week to try to work out a solution that would be acceptable to all sides.
Yes, the chair recognizes Councilman Kenney. RECONSIDERATION OF BILLS 010523, 010527
Madam President, with all due respect to the majority leader, and I understand her heartfelt sentiments, I don't know if a motion to hold this for a week is appropriate, considering the motion on the floor to reconsider. It's a technical issue.
Thank you The chair recognizes Councilman Clarke.
Thank you, Madam President. Madam President, I concur with Councilwoman Blackwell's statements, but I'd like to say this has been -- obviously been somewhat of a troubling time over the last two weeks. I have had a great relationship with every member of City Council, have seen some level of that relationship deteriorate over the period of the last month. It is clearly something that I did not want. But as I sit here and I listen to the various speeches about empowerment, I cannot not speak about the fact that there are a number of individuals in the City who don't feel that they were adequately empowered as a result of this particular legislation and its process. RECONSIDERATION OF BILLS 010523, 010527 I think about the people in the Latino community and particularly the representatives that came here during the Council hearing on this particular bill who were not comfortable with the ultimate outcome of this bill, who spoke of the fact that they were not able to have their representation present because of the tragedy that happened on September 11th and were adamantly opposed to the outcome of this bill. I speak of those individuals in the 8th Ward, which I represent, who, it is my understanding, have sent more than 200 letters to Councilmembers, indicating their support for me as their Councilperson and wishing to continue that level of support. I'd like to speak also of members of the 2nd District, who have seen an opportunity, based on what I have been told, to at some point in the near future -- and mind you, that they have voiced their sincere and continuing support for their Councilperson, their concern that as we move ahead in the years forth that they will not be able to elect a Councilperson of a minority race. So I just ask the members, as we talk RECONSIDERATION OF BILLS 010523, 010527 about empowerment, that we take into account all of the many citizens of the City of Philadelphia who have asked to be empowered during this trying process. And as Councilwoman Blackwell has indicated, this is an issue that I have always wanted to work out as a District Councilperson for the 5th District, continue to want to work out, 'cause I think the worst thing that can happen as a result of the passage of this bill is that we have some lingering effects of this very trying process, particularly my relationship with you, Madam President. So I ask the members to consider what Councilwoman Blackwell has said, and hopefully we can resolve this and we can continue to be the good friends that we have been over the years. Thank you, Madam President.
Thank you The chair recognizes Councilman Ortiz.
No, I don't want to speak to the point of order, ma'am; I want to speak to the bill when it comes up for a vote.
We're ready to RECONSIDERATION OF BILLS 010523, 010527 do that.
But I thought we had a point of order about whether we were going to hold the -- there was a technical question.
I just -- what are we speaking to are? We speaking to the point of order that Councilwoman, uh ...
Madam President, I believe that you have called for the consideration RECONSIDERATION OF BILLS 010523, 010527 of the bill. There was a point of order. I think you made a declaration that it will not be held. I think Councilman Ortiz is speaking on the bill.
I can't hear you. All right, then I will merely make a friendly request. I'm willing to have the discussion under any circumstances. Madam President, if you determine it's not legal, that's fine. Then I certainly -- I mean I merely make a friendly request to my colleagues that we consider holding this for a week. (Council President Verna confers off the record with Council legal staff.)
Councilwoman Tasco? I'm sorry -- Councilwoman Blackwell?
Actually, we're not -- we're reconsidering the bill. I am told by our attorney and technical staff that you're just RECONSIDERATION OF BILLS 010523, 010527 making a friendly request for a delay of the vote for a week?
That would be fine. I would consider it under any circumstances that Council determines are proper.
Is anyone in favor of delaying this a week, say aye. One, two? Did I hear two ayes from this side of the room? Any on this side of the room?
Is there any chance of the two parties working something out? I mean, I think that's what the Councilwoman was trying to -
I think that we voted on this bill by 15 to 2 last week. This is a veto.
If this doesn't pass, we're just going to have to go back to the drawing board again, and we're just going to have to live with whatever we get the next time around. And Councilpeople will not be paid until such time as a RECONSIDERATION OF BILLS 010523, 010527 bill is presented and the Mayor sees fit to pass it and sign it.
So what you're telling me is, if we wait, we're just blowing smoke in the wind 'cause there's no chance of this being reconsidered or worked out without us having this vote?
No, no, I'm asking about this plan. She wants to -- I think Councilwoman Blackwell wants to work something out between the two parties here, and we all know what's going on, okay? And I'm asking the Council President if there's any chance of that happening.
We can't amend a bill that's already been passed.
Okay, point of RECONSIDERATION OF BILLS 010523, 010527 information well taken. Councilwoman Tasco?
One final remark. In the spirit of cooperation, and certainly I agree with what has been said, you see, I continue to believe that reasonable people can always work things out. I think that's why we're here. (Applause.)
And in the spirit of that, if we decide that we want to push the vote through, then I would be voting to abstain in view of my position, asking that we consider holding it a week. I just wanted to say that in advance.
Council will now consider the vote, which was passed, Bill 010523. The clerk will read the title of the bill.
Point of order. RECONSIDERATION OF BILLS 010523, 010527
I usually ask this when we do these types of votes, that you clarify what a "yes" vote means and what a "no" votes means.
Yes, very definitely. Thank you. The clerk will please read the title of the of the bill.
An ordinance amending Chapter 2500 of the Philadelphia Code, entitled "Councilmatic Districts," by revising the boundaries of the Councilmatic districts, under certain terms and conditions.
This bill having been read on two different days, was duly approved by City Council on September 20, 2001 and returned to Council by the Mayor as disapproved at today's session of Council. The question is, shall Bill No. 010523 pass, notwithstanding the Mayor's disapproval? Please note that a vote of aye is a vote to override the Mayor's veto, a vote of aye is to override the Mayor as veto. And a vote of nay is a vote to let the veto stand. Is everybody clear on RECONSIDERATION OF BILLS 010523, 010527 that? The clerk will please call the roll.
Excuse me, I'm sorry. Did somebody call? Yes, Councilman Cohen?
Yes, one point of order. With deep regret, I have to remind the majority leader that the Home Rule Charter does not permit any member of Council to abstain on an ordinance. It must be a vote of aye or nay, except in the case where -- Councilman O'Neill, where there's a conflict of interest.
Mr. Auerbach is here. He is checking that. Councilman Cohen, I will tell you that in all of my years here, it was always my impression that you had to vote aye or nay on any given bill. However, I have Mr. Auerbach checking. Mr. Auerbach is looking at our rules, and I would like him to come to the podium to read the rules please.
The rules of Council, paragraph 12, no. 4: "Every member present, when a question is put, shall vote on the same, unless personally interested or unless excused from voting RECONSIDERATION OF BILLS 010523, 010527 at the time the question is about to be put."
Madam President, what was the determination? I'm sorry. What did Rick Auerbach advise the president?
All right, I'm happy to abide by the rules certainly, but I'll only request that we keep these -- that we abide by the same rules on every issue, that we be consistent, that is my only request. And, therefore, if we cannot work it out, then I will be voting no.
Aye. The votes are 10-7. The Mayor's veto has been sustained. We will now move to reconsider Bill No. 0105 -- oh, I'm sorry where, are we? We now move to reconsideration of Bill No. 010527, which was passed by Council at its September 20, 2001 session and was returned disapproved by the Mayor to today's session of Council. The Mayor's veto message has already been read into the record by the clerk. At this time, the chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Council reconsider Bill No. 010527, which was approved by City Council on September 20, 2001. (Duly seconded.)
It has been seconded. All in favor will let it be known by RECONSIDERATION OF BILLS 010523, 010527 saying aye. Those opposed? The ayes have it and the motion carries council will now reconsider the vote by which Bill No. 010527 was passed. The clerk will please read the title of the bill.
An ordinance providing for the submission to the qualified electors of the City Philadelphia for an amendment to the educational supplement to the Philadelphia Home Rule Charter which would establish a process which would authorize the privatization of the administration, operation, and management of the School District, as approved by resolution of the City Council, fixing the date of a special election for such purpose, prescribing the form of ballot question to be voted on, and authorizing the appropriate officers to publish notice and to make arrangements for the special election.
This bill, having been read on two different days, was duly approved by City Council on September 20, 2001 and was returned to Council by the Mayor as disapproved at today's session of Council. The question is, RECONSIDERATION OF BILLS 010523, 010527 shall Bill No. 010527 pass, notwithstanding the Mayor's disapproval? The clerk will please call the roll.
On the question would you explain what the "aye" vote means and what a "nay" vote means for clarification?
If you're voting aye, you are voting to go override the veto; a vote of nay is to let the veto stand. The clerk will please call the roll.
Aye. The ayes are 11, the nays are 6, and the veto stands.
I believe we were on Bill No. 000629. This bill having been read on two different days, the question now is, shall the bill pass final? The clerk will please call the roll.