COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 400, City Hall Philadelphia, Pennsylvania Thursday, October 5, 2006 10:20 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN DONNA REED MILLER COUNCILMAN JUAN RAMOS COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK 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
Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. I would ask that Council please come to order. Members will take their seats and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Reverend Dorethea Lindsay, Pastor of St. Peter Church of God. She is here today as the guest of Councilman Kenney. I would ask all members and guests to please rise. (Everyone rises.)
Let us pray. God, in the name of Jesus, we come to you this morning just as humble as we know how. We thank you for last night's lying down and this morning's early rising. Now, God, as we go into this session, God, we pray, Lord Jesus, for those men and women that you have put in place, God, who are decision-makers, God, who will affect, Lord Jesus, our lives. So, God, we ask, Lord Jesus, that you just guide them, instruct them and direct them. God, we pray, Lord Jesus, for those, Lord Jesus, victims, Lord, that have been affected by gun violence. We ask, Lord Jesus, that you, Lord Jesus, just touch, Lord Jesus, their lives. We pray, Lord Jesus, for the incident that happened in Lancaster, God. God, we ask you to touch those mothers and those fathers, God. And, God, most of all, Lord Jesus, we pray, Lord Jesus, that you will, Lord, instruct the Council men and women, Lord, that they will make decisions, dear God, that will make us be a city that's known nationwide not for violence, God, but for a city of brotherly love, God. God, we pray this prayer in your name and for your sake. Our souls say amen and amen.
Amen. The Chair thanks the Reverend for her very inspiring invocation. Council will be at ease. (Council at ease.)
The next order of business is the approval of the Journal of the meeting of Thursday, September 28, 2006, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, September 28, 2006 stand approved. (Duly seconded.)
It has been moved and properly seconded that the Journal of the meeting of Thursday, September 28, 2006 stand approved. All in favor will please indicate by saying aye. (Aye.)
The ayes have it and the Journal of the meeting of Thursday, September 28, 2006 is approved. The next order of business is requests for leave of absence, and, again, the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no requests for leaves of absence on the part of the majority.
The Chair thanks the Councilwoman. The Chair recognizes Councilman Rizzo.
Madam President, I have a request for leave from Councilman Brian O'Neill and Councilman Jack Kelly.
Thank you. Leave will be granted. The Chair at this time
Thank you, Madam President. Madam President, I'd like to recognize a group of friends and good people today. We have from the Mayor's Office of Community Services the Work Rise Program. I'd like to ask them to be recognized today.
If they would stand, we'd like to recognize you. Welcome. (Applause.)
The Chair will dispense with its regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. to come again. At this time, the Chair recognizes Councilwoman Tasco, who will present a resolution recognizing October 7th as Multiple Myeloma Awareness Day. Will Ms. Joan Howell and those accompanying her please join the Councilwoman at the podium. The Chair recognizes Councilwoman Tasco.
Thank you. Good morning. This morning it is an honor to give this resolution to this organization, but particularly I'm pleased to welcome Joan Howell, a long-time friend and community activist and resident of the Ninth Councilmanic District, who was instrumental in bringing this organization here today. Today I present this resolution recognizing October 7th as Multiple Myeloma Awareness Day. Whereas, the Multiple Myeloma Research Foundation will be hosting its "Race for Research" 5K Walk/Run on Saturday, October 7th at 9:00 a.m. at Memorial Hall in Fairmount Park; and Whereas, multiple myeloma is a cancer of the plasma cells in the bone marrow, which help the body to detect and attack foreign substances like toxins, viruses, bacteria and parasites that may have entered one's body; and Whereas, the exact cause of multiple myeloma has not been identified. However, researchers have gained a greater understanding of how specific changes in DNA can cause plasma cells to become more cancerous; and Whereas, a number of risk factors for this disease have been identified, including age and having other plasma cell diseases, and common signs and symptoms of multiple myeloma vary based on the extent of the disease and include bone pain, fatigue, weakness and recurrent infections; and Whereas, multiple myeloma may be first detected in routine blood tests. However, additional tests, including bone marrow tests, may be necessary to verify the diagnosis. The treatment and prognosis for the disease depends on various factors, including its stage and the patient's age, and treatment may include bone marrow/stem cell transplantation, chemotherapy and radiation therapy; and Whereas, according to the American Cancer Society, approximately 15,980 new cases of multiple myeloma will be diagnosed in the United States in 2005 and the disease is the second most common blood cancer and third fastest growing cancer in terms of mortality in people over the age of 65; and Whereas, African-Americans have the highest reported incidence of multiple myeloma and it is one of the top ten leading causes of cancer death over the past three years. resolved, by the Council of the City of Philadelphia, that we recognize October 7th as Multiple Myeloma Awareness Day. Further resolved, that an engrossed copy of this resolution is presented to representatives of the Multiple Myeloma Research Foundation as an expression of appreciation of this legislative body. Certification that this is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 14th day of September 2006. Signed by President Verna, introduced by Marian Tasco and supported by all members of City Council. (Applause.)
I would like to Councilwoman, Marian Tasco, and Councilmembers for this citation in proclaiming October the 7th as Multiple Myeloma Day. My name is Joan Howell and I have multiple myeloma. When I was first diagnosed in 2002, like you, I had never heard of this disease. With the assistance of modern technology, group meetings and doctors, I soon became very knowledgeable. As was stated in the proclamation, a lot of the statistics were read. Standing here with me today to accept this citation is Amy White from the Multiple Myeloma Research Foundation in Norwalk, Connecticut. This foundation was founded in 1998 by Kathy Giusti, a multiple myeloma patient, and her sister. Once she was diagnosed, she realized little was done in research. The Multiple Myeloma Foundation is also known nationwide for its research, races and community awareness programs. This year 11 races were States, with a goal to raise $1.5 million. As of today, $1.3 million has been raised with five races to go. Thank you, Amy, for a job well done. (Applause.)
The Philadelphia Multiple Myeloma Networking Group founded in 1995 meets monthly at the Ralston House. It's an ongoing group for patients and their families in terms of resource. Here representing that group is Marilyn Alexander, our Co-Chair, and other multiple myeloma patients and their families. The Wellness Community located in Fairmount Park, whose mission is to help people affected by cancer to enhance their well-being through participation in programs of emotional support and hope, Jennifer Dorsey, Community-Based Program Director and my monthly group leader, is here to represent the Wellness Community. is my daughter and my son-in-law, Lisa and Gary Shepherd, along with friends. (Applause.)
In closing, I would like to add on to a famous quote. It takes a village to raise a child. It also takes faith, support groups, family and friends to provide the emotional support and research to find a cure in order for one to make this journey. Again, thank you. We extend to all to come out and join us on Saturday at Memorial Hall starting at 9 o'clock as we race for a cure. (Applause.)
I'm Amy White. I'm the Race Manager from the Multiple Myeloma Research Foundation. We'd like to thank Joan Howell, all of the volunteers, patients, family members and supporters, Sharon Kline, Marilyn Alexander, Toby Rosenberg and everyone who is up here today. None of this could all of the amazing effort that happens on the volunteer basis in each of the cities that the Multiple Myeloma Research Foundation is working in, and thanks to all of you. (Applause.)
Thank you. Council will be at ease. (Council at ease.)
The Chair again recognizes Councilwoman Tasco, who will present a resolution declaring October 2006 as Human Relations Month in the City of Philadelphia. Will Mr. Nicholas Taliferro, who is the, I believe, Executive Director of the Philadelphia Commission on Human Relations, and Reverend James S. Allen, Sr., Chairperson of the Philadelphia Commission on Human Relations, please join Councilwoman Tasco at the podium. The Chair recognizes
Good morning, President Verna and members of Council and guests. Reverend Allen just told me that today is his birthday. (Applause.)
He's 26, his 26th birthday. It gives me pleasure to present this resolution on behalf of the President, Anna Verna, declaring October 2006 as Human Relations Month in the City of Philadelphia. Whereas, the Philadelphia Commission on Human Relations is the agency of City government which enforces civil rights laws and deals with all matters of intergroup conflict within the City; and Whereas, each year, the Philadelphia Commission on Human Relations coordinates the City's Month to celebrate diversity; and Whereas, a highlight of Human Relations Month will be the Philadelphia Commission on Human Relations' Human Rights Awards Luncheon, which will be held on Monday, October the 30th, 2006 in the Pennsylvania Convention Center; and Whereas, this year's Human Rights Awards Luncheon will honor individuals and organizations whose extraordinary good deeds and initiatives have made outstanding contributions to the promotion of intergroup harmony and cooperation. Now therefore resolved, by the Council of the City of Philadelphia, that the month of October 2006 be declared Human Relations Month in the City of Philadelphia. Further resolved, that an engrossed copy of this resolution be presented to the Philadelphia Commission on Human Relations as an expression of this legislative body. Certification that this is a true and correct copy of the original resolution, adopted by the Council of the City of Philadelphia on the 21st day of September 2006. Introduced by President Anna Verna and sponsored by all members of City Council. (Applause.)
The Chair recognizes Reverend Allen for remarks.
Madam President and members of the Council, human relations is fundamental to all that we do. The framers of the Charter used wisdom when they included the Commission on Human Relations in the Charter. They, as we, feel that if we deal with human relations, we can deal with human rights, and, therefore, we celebrate in Philadelphia our diversity because we believe that because of that us a great city, and with work of the Human Relations Commission, we propose to make it even greater. And we thank you, members of the Council, for recognizing this, and we invite you to join us on the 30th for the celebration of our Human Rights Luncheon. And throughout the month and throughout the year, all of us should be conscious of the critical importance of human relations and, therefore, human rights. Thank you for your concern. (Applause.)
Thank you, Madam President, Councilwoman Tasco and to the other esteemed members of this assembly. It's a real privilege to stand before you on behalf of the Commission, the three dozen or so folks who work to make sure that the individual civil rights of every individual citizen are over a half century, we've kept faith of the City of Philadelphia by serving as guardians of those individual rights and promoting the cause of peace by trying to lead people toward tolerance. But tolerance isn't enough. Tolerance really when you look at it is simply an insipid form of disregard. We must move beyond tolerance toward true acceptance, and then once we have learned how to truly accept one another and embrace one another for our individual and unique selves, we must move to the place where there might be true celebration for who we are as a people and who we are as a commonwealth and as a city. We thank this assembly for this resolution. We invite all of you to be a part of this great cause of promoting human rights, civil rights and, more than anything else, promoting the great cause of peace. thank you.
The next order of business is communications. The Chair requests that the Sergeant-At-Arms deliver the messages from the Mayor to the Chief Clerk. The Chief Clerk will please read the messages from the Mayor.
To the President and members of the Council of the City of Philadelphia, I am pleased to advise you that today, October 5, 2006, I signed all of the bills that were passed by Council at its session on September 21, 2006; and I am transmitting herewith for the introduction and consideration of your honorable body an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed located 1015 to 21 Mount Vernon Street in the City of Philadelphia.
Thank you. The messages will be printed in the Journal. I would ask the Chief Clerk to please read any other messages in her possession.
Thank you. The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the rules of Council be suspended in order to permit the immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor of the motion will please say aye. (Aye.)
The ayes have it and the motion carries. The Chair at this time recognizes Councilman Kenney.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution authorizing City Council's joint Committees on Public Safety and Legislative Oversight to hold public hearings to investigate how the City of Philadelphia could handle the recent decrease of paramedics in the City, discuss the scope of possible increases in paramedic units which can be made, the improvements in emergency care those additional units will give and how those units could be distributed within the EMS departments.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted, and it will be referred to the appropriate committees.
I'm sorry. A vote is required. All in favor? (Aye.)
As I said, the resolution will be referred to the appropriate committees. The Chief Clerk will please read the second resolution.
A resolution authorizing City Council's joint Committees on Public Safety and Legislative Oversight to hold hearings on whether the City should establish a 311 Constituent Contact Center to unburden the current 911 emergency call center and make Philadelphia more responsive to the citizens' concerns.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution will be referred to the appropriate committees.
And a resolution recognizing November 13th to the 17th, 2006 as Retirement Planning Education Week in the City of Philadelphia.
I move the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please indicate by saying aye. (Aye.)
And a resolution honoring the memory of Paul Richardson, renowned organist of the Philadelphia Phillies.
I move the adoption of the resolution. (Duly seconded.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. This morning I have no bills or resolutions.
The Chair thanks the Councilwoman. The Chair recognizes Councilwoman Krajewski.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilwoman Tasco.
Madam President, I offer one bill and one resolution.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Tacony Creek, Rising Sun Avenue, Adams Avenue and Bingham Street.
The bill will be referred to the appropriate committee.
And a resolution urging the Congress of the United States and President George W. Bush to reverse the alarming trend of the United States Department of Housing and Urban Development, HUD, dollars from being shifted away from Pennsylvania and negatively impacting on dollars received for affordable housing for families and senior citizens of Philadelphia, Pennsylvania.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. Today I have three resolutions.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution proclaiming October 2006 as Crime Prevention Month.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
And a resolution proclaiming October 2006 as National Breast Cancer Awareness Month.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority deeds located in the 13th Ward of the City of Philadelphia.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I offer up two resolutions, and the resolution regarding Bilal Qayyum is co-sponsored by my colleague Councilwoman Donna Reed Miller.
Thank you. The Chief Clerk will please read the title of the first resolution.
A resolution honoring Mr. Bilal Abdul Qayyum on the occasion of his 60th birthday and for his committed, long-time dedicated service to the City of Philadelphia.
Thank you. I move for the adoption, Madam President. (Duly seconded.)
It has been moved and seconded that the resolution be adopted. All in favor will please say aye. (Aye.)
And a resolution honoring Salaiman Khatib of Ramallah, Palestine and Yonatan Shapira of Tel Aviv, Israel in their work for the organization Combatants for Peace.
I move for the adoption, Madam President. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman Goode.
Thank you, Madam President. I offer no bills or resolutions.
The Chair thanks the gentleman. The Chair recognizes Councilman Ramos.
The Chief Clerk will please read the title of the resolution.
A resolution supporting Teamsters Local 429 and the 45 workers they represent at Arkema manufacturing and research facilities located in Birdsboro/Exeter/Berks County and whose headquarters are located in downtown Philadelphia, who have been on strike since August 14, 2006 to protest attempts by Arkema to gut the workers' health insurance.
Thank you, Madam President. I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)
The ayes have it and the resolution is adopted. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I offer two bills.
Thank you. The Chief Clerk will please read the title of the first bill.
An ordinance granting permission to Atul Amin and A&J Newsstand Corporation, owner and operator of the newsstand located on the southeast corner of 9th and Market Streets.
The bill will be referred to the appropriate committee.
And an ordinance granting permission to Manu Patel, owner and operator of the newsstand located on the northeast corner of 7th and Market Streets.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Clarke.
Thank you. The Chief Clerk will please read the title of the bill.
An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Master Street, Second Street, Thompson Street and American Street.
I'm sorry. Oh, it's a bill. I'm sorry. It will be referred to the appropriate committee. Thank you for calling that to my attention. The Chair recognizes Councilman Rizzo.
The Chief Clerk will please read the title of the resolution.
A resolution recognizing, honoring and celebrating Ralph Archbold, also known as Philadelphia's present day Benjamin Franklin, after 25 years of his award-winning, authentic portrayal of the most famous Philadelphian ever, Ben Franklin, and for his many contributions and unending dedication to the City of Philadelphia.
Madam President, I move for the adoption of this resolution. (Duly seconded.)
It has been moved and seconded that the 10/5/06 - STATED - 1ST READING resolution be adopted. All in favor will please say aye. (Aye.)
The ayes have it and the resolution is adopted. As there are no reports from committees, the next order of business will be the consideration of the Calendar. I would ask the Chief Clerk to please read the bills on the First Reading Calendar.
An ordinance amending Chapter 10-600 of The Philadelphia Code, entitled "Public Places - Prohibited Conduct," by prohibiting smoking in public places and in the workplace and providing for penalties, all under certain terms and conditions. 10/5/06 - STATED - 2ND READING (DISCUSSION)
Thank you. The Chair agrees. That concludes our First Reading Calendar for today. I would now recognize Councilwoman Blackwell for the purpose of calling up the bills on the Second Reading and Final Passage Calendar to be considered today.
Thank you, Madam President. As you said in caucus, it appears that we have no Calendar, even though I'm not clear as to why we don't have one with regard to Bill No. 060580. I would like some discussion on the issue as to why we're not voting on the final bill on our Calendar. I would ask for some discussion. If there was a public hearing granted without a Councilperson, why then are we not having -
I think the discussion, Councilwoman, was held in the Caucus Room, and as I was able to determine, most of the 10/5/06 - STATED - 2ND READING (DISCUSSION) Councilmembers present indicated that they felt it should be held.
Then I would like to call for a vote on this issue, Madam President.
Point of information. Point of order or point of information. What would we be voting on? Voting on the bill or voting on whether we should vote on the bill?
Whether we should vote on the bill. I thought that was all discussed in caucus.
But at this point now, what the Councilmember suggests, I'm just trying to get clarification.
I think Councilwoman Blackwell is asking if the bill should be called up for 10/5/06 - STATED - 2ND READING (DISCUSSION) consideration.
So that would be a motion to move the bill to the floor right now?
Madam President, maybe I can clarify my position -
-- and somebody can help to make it clearer for me. It appears that -- because nobody polled me as to whether or not we should vote on bills if there is no Councilperson. It seems to me if at least we granted a hearing when there was no Councilperson and it got to second reading and final passage, what's the difference? I don't know this area. Obviously it's not my district and I don't need to know it, but certainly I would like to know if we are changing our rules now and, if so, under what rules of 10/5/06 - STATED - 2ND READING (DISCUSSION) Council are we changing the rules to say if a bill is on second reading and final passage and it has been discussed that we move it, it seems to me that we moved bills after Councilman Mariano -- after he left here and was incarcerated. We moved his stuff. We moved Councilman Cohen's after he passed. I don't understand what the difference is with regard to this bill. I don't know what the bill does.
I think you made a motion and we'll call for the vote. I would ask the Chief Clerk to please call the roll.
I'm still not clear as to if we're voting on the substance of this particular bill, No. 060580, or are we voting on a motion to consider the bill? 10/5/06 - STATED - 2ND READING (DISCUSSION)
On the question, Madam President, I am happy to say we not vote on this if somebody can just tell me why we're doing it.
And I think it was indicated, Councilwoman, that there was no real urgency on voting this out today. I think it was stated very clearly.
Well, let me ask a question. Does it mean if someone is absent, like we have Councilman O'Neill and Councilman Kelly not here, does it mean if a person is absent, does it mean if a person is not in office, under what rules then do we decide we don't vote for legislation? I'd like to understand the rules under 10/5/06 - STATED - 2ND READING (DISCUSSION) which we operate. Everybody and every issue should be given the same rules. The same rule has to follow for everybody. Either we vote for things on second reading and final passage. When Councilman Cohen's staff, when Councilman Mariano's staff said we move it, we moved it. What's the difference? I don't know the issue. I'm talking about the principle.
There is a motion. I would ask the Chief Clerk to please call the roll.
Madam President, on the question, I would like an explanation as to why we do or don't vote on bills if people are not in Council. Maybe you can ask the technical staff, someone to explain so I understand going forward what the rules are.
Councilwoman, as you are aware, within five weeks this particular district will 10/5/06 - STATED - 2ND READING (DISCUSSION) be represented.
But, Madam President, the law does not allow you to vote on people who are not in office because you choose them. That's the same reason --
-Christian Stronghold doesn't have a hearing, because you want to wait for an elected official to come in whom you support. That's not the law, Madam President.
Absolutely it is. Apparently it is. I have asked -
We 10/5/06 - STATED - 2ND READING (DISCUSSION) are not going to argue the point. I would ask the Chief Clerk to please call the roll.
But I am arguing the point on the question, Madam President.
-- for clarification by the technical staff about the rules under which we operate. Do we vote for bills based on an election that hasn't happened yet or do we vote for the bills in front of us, Madam President? That's a legitimate issue, and I'm asking for a clarification on it. (Applause.) 10/5/06 - STATED - 2ND READING (DISCUSSION)
I've not gotten an answer to the initial question. If the Clerk calls the roll, are we voting for a motion to consider the bill or are we voting on the substance of the bill itself?
On the question, Madam President, we haven't gotten that far. We're talking about the rules under which we operate, and as a Councilmember, Majority Leader and Finance Chair, I have a right to a response.
10/5/06 - STATED - 2ND READING (DISCUSSION) Councilwoman, there is nothing in the rules. It's up to the body to do what it is that they prefer to do. Now, I would ask you that we please move on.
Let me say, Madam President, this is a sad day in City Council -- don't cut my mike off. It is a sad day in City Council when we vote on elections that haven't happened because we have preferences for Election Day. That is absolutely wrong. How dare we set a negative precedent in this Council? How dare we do that? I'm talking about the principle of voting, the principle that governs our rights in this country to vote on issues before us 10/5/06 - STATED - 2ND READING (DISCUSSION) and our rights as an elected body to represent the people who send us here.
How dare we hold up legislation based on future elections? How dare we send that message to our constituents that we vote before the vote? That's not legal. That's not proper. That's immoral and it is wrong.
Thank you, Madam President. You said that there's nothing in the rules about a member calling up a bill for a final vote. Actually, on Part VII of the rules on , No. 3, it says, "No bill shall be considered on the Second Reading and Final Passage Calendar unless called up from the Calendar by a member." The question is whether any member can call up a bill or not or whether it has to be 10/5/06 - STATED - 2ND READING (DISCUSSION) the primary sponsor.
Yes. I think Councilwoman Blackwell had asked someone from the technical staff to please talk about the rules. So I would ask Rick Auerbach to please approach.
Councilman Goode, my understanding is the rules do provide any Councilmember may call up a bill off the Second Reading Calendar. I believe that would mean any Councilmember is free to do that, and then any other Councilmember would be free to make a motion that the bill not be considered, that it be tabled. As we all know, the standard practice of Council is that these matters are deferred to the caucus where the sponsor of the bill is given the choice whether to call the bill up or not and it's decided in caucus. But technically under the rules you're correct, any one member can call a bill up.
Okay. 10/5/06 - STATED - 2ND READING (DISCUSSION) Are there any other questions, Councilwoman, that you would like Mr. Auerbach to address?
Okay. So where are we at this point? What is your desire?
I prefer to vote on this last bill, Bill No. 060580.
So you are asking that the bill be called up for a vote?
Okay. I would ask the Chief Clerk to please call the roll.
Bill No. 060580, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land -10/5/06 - STATED - 2ND READING (DISCUSSION)
If we consider this bill now and the bill is voted down, does the bill die?
And I don't mean in any way to jump into this controversy, but -
-- what I'm saying is is that I think maybe a motion to table would be in order to preserve it on the Calendar, because I know there's been a lot of hard work that's gone into getting it where it is and the argument over whether it would be considered now or not is another story, but if it goes 10/5/06 - STATED - 2ND READING (DISCUSSION) down, it's going to have to start all over again.
So I make a motion to table, if that's the case. COUNCILMAN DiCICCO: I would second that.
It has been moved and seconded that the bill be tabled.
On that question, I'd like to interrogate my colleague.
I would like to ask why. If you support the bill, why don't you vote for it? If you don't support the bill, why don't you 10/5/06 - STATED - 2ND READING (DISCUSSION) vote against it?
Because at this point in time, there seems to be some dispute internally as to the method and custom of calling bills up, and rather than -
There is no dispute. There are rules that govern our conduct.
I am fighting for us to obey the rules and do them in a consistent manner. Madam President, I do not understand why we don't go by the rules that govern us. I don't understand why you didn't give me a public hearing for Christian Stronghold and why my colleague, Joan Krajewski, won't give me a hearing on bills that Councilman Mariano had. I've asked to have temporary signs to allow in poor neighborhoods our right to post signs on 10/5/06 - STATED - 2ND READING (DISCUSSION) poles, on utility poles and street poles. All of the sudden, I can't get a hearing from you and I can't get a hearing from my colleague, Councilwoman Krajewski. What if I decided in the Finance Committee that I could do the same thing? I don't understand what's going on, why we don't work together. I had to wait two weeks -- everything I introduced, I introduced on the 14th. All of the sudden -- maybe it's my day. Maybe you all decide it's Fight Jannie Blackwell Day. I've been here a long time. I'm a big girl. I can handle mine, but I'm saying you're wrong. (Applause.)
It's not fair, and let's be consistent in what we do. You vote a bill up if you agree with it. You vote it down if you don't. What's the problem? The problem is, who runs Council and who doesn't.
There has been a motion made to table Bill No. 10/5/06 - STATED - 2ND READING (DISCUSSION) 060580 and I believe it was seconded.
I believe it was seconded and I would ask the Chief Clerk to please call the roll.
Now, if you vote aye, it's to table. That's clear. An aye is to table. Councilwoman Blackwell.
Councilman DiCicco. COUNCILMAN DiCICCO: Aye is to table, right? Aye.
So that bill is tabled, and that concludes our -
-Final Passage Calendar. I'm sorry. Councilman Clarke.
Madam President, I just wanted some clarification on Mr. Auerbach's statement about any Councilmember being able to call up a bill for consideration. Is that the language you used, any Councilmember can call up any bill for consideration?
So you're saying that if I have a bill on the 10/5/06 - STATED - 2ND READING (DISCUSSION) Calendar, then any other Councilmember can call that bill up for consideration?
As Councilman Goode pointed out, the provision is in the Council rules, Paragraph VII, No. 3, "No bill shall be considered on the Second Reading and Final Passage Calendar unless called up from the Calendar by a member." It does not say the sponsor. It says "a member."
You might as well stay there, Rick. Councilman Kenney.
Thank you. On that particular point, does that also mean that the rules would allow me as an At-Large Councilman to call up a bill of a District Councilperson without their consent?
That remains for us all in Council now. That's what we've become.
Councilman DiCicco. COUNCILMAN DiCICCO: I think I might want to remind everyone when the late Councilman Longstreth introduced a zoning bill in the First Councilmanic District, it seemed that some people in this room were not as concerned about that at that time.
Okay. Do we have speeches on the part of the minority? (No response.)
Do we have speeches on the part of the majority? The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I rise on two issues. One is the sad state of affairs people unelected run our Council Chambers. People elect us within this room and within our City to stand up for those who send us here to make sure that we are entrusted with their right to represent them, and I think it's a sad day in Council when people unelected run the City Council and run it from your seat, Madam Chair. I find it very, very sad and unconscionable that that happens. (Applause.)
That is very uncalled for. That is uncalled for.
-we've reached a day in Council where you can't even get public hearings, not even on putting up poles in neighborhoods so that people in poor neighborhoods who have a place in my district, especially in my district and Darrell and Donna's district, to have places to put signs up on Election Day, that we control Election Day from our seats, but not even allowing us to have hearings on bills. That's unconscionable. The second issue I'd like to speak about is one I speak about every week, and that is the people here who have to take off from work because of housing reorganization. I have a list now of 18 people who are being considered. All of us know that it affects us, affects what housing we can get done. It affects VPRC, Vacant Property Review Committee that is, as well as the Office of Housing and Community Development and Redevelopment Authority. We are looking forward and I've been in communication with the Administration this morning. I'm hoping legislation that would allow, as they've been told, at least one year to be considered so that people do not have to be bumped and do not have to take lower salaries because they're afraid they won't have jobs. As I talk about all the time, I use one case all the time, Ms. McMahon, who has 36 years in, who will be 55 years old in May. I've been promised by everybody in that case and in other similar cases that she would be considered, and she's just been bumped and told she has to work for $8,000 less, and her birthday is in May. So these are the kind of issues that I'm hoping we can resolve, whether it be transfer legislation. We have to treat people right and be moral people as we make our decisions in this Council and take care of those who live and work in our City and those who live in our districts. As I've said many, many times, these are not strangers. They haven't come here from Texas. These are our neighborhoods, who work hard for us to get all of our projects done and prepared so that we can vote on them on the floor. These are the people who enable us to get rid of neighborhood blight and enable us to build and enhance our neighborhoods so that our folks have a place to live, a decent place to live and new housing and new commercial developments. So I'm asking, please, that the Administration work with us and that all of you be mindful that we have to protect everybody. We have to protect people who work in our City, who live in our City and who have worked so hard for this Council. And, again, I thank you for hearing that, and I would hope that my colleagues would consider and think about this august body that we belong to and realize it is a sacred privilege to serve and hold that as sincerely and realize what a privilege it is and think about as elected officials. Thank you.
Are there any other speeches on the part of the majority? (No response.)
Seeing none, I recognize Councilwoman Tasco for a motion to adjourn.
Madam President, I'd like to move that Council stand adjourned until August 19th, 10:00 a.m.
It has been moved and seconded that Council stand adjourned until Thursday, October 19th at 10:00 a.m. say aye. (Aye.)
The ayes have it and the motion carries. Thank you. (Stated Meeting adjourned at 11:20 a.m.) 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 October 5, 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.)