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Minutes

Stated Meeting, October 5, 2006

Philadelphia City CouncilOct 5, 2006

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Council President Verna

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.

Councilwoman Blackwell

Madam President, let me say -

Council President Verna

There is nothing in the rules.

Councilwoman Blackwell

Let me say, Madam President -

Councilman Kenney

Point of order.

Councilwoman Blackwell

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.

Council President Verna

Thank you.

Councilwoman Blackwell

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.

Council President Verna

Councilman Goode.

Councilman Goode

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.

Council President Verna

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.

Mr. Auerbach

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.

Council President Verna

Okay. 10/5/06 - STATED - 2ND READING (DISCUSSION) Are there any other questions, Councilwoman, that you would like Mr. Auerbach to address?

Councilwoman Blackwell

No. There are none.

Council President Verna

Okay. So where are we at this point? What is your desire?

Councilwoman Blackwell

I prefer to vote on this last bill, Bill No. 060580.

Council President Verna

So you are asking that the bill be called up for a vote?

Councilwoman Blackwell

Yes, ma'am.

Council President Verna

Okay. I would ask the Chief Clerk to please call the roll.

Councilwoman Blackwell

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)

Councilman Kenney

I'm sorry. I have another technical question.

Council President Verna

Yes.

Councilman Kenney

If we consider this bill now and the bill is voted down, does the bill die?

Council President Verna

No.

Councilman Kenney

Yes.

Council President Verna

It does?

Councilman Kenney

And I don't mean in any way to jump into this controversy, but -

Council President Verna

I think that would be terrible.

Councilman Kenney

-- 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.

Council President Verna

It's going to have to be reintroduced.

Councilman Kenney

So I make a motion to table, if that's the case. COUNCILMAN DiCICCO: I would second that.

Council President Verna

It has been moved and seconded that the bill be tabled.

Councilwoman Blackwell

Madam President?

Council President Verna

Yes.

Councilwoman Blackwell

On that question, I'd like to interrogate my colleague.

Councilman Kenney

Me?

Councilwoman Blackwell

Yes.

Councilman Kenney

Okay.

Councilwoman Blackwell

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?

Councilman Kenney

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 -

Councilwoman Blackwell

There is no dispute. There are rules that govern our conduct.

Councilman Kenney

Madam Chair?

Councilwoman Blackwell

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.)

Councilwoman Blackwell

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.

Council President Verna

There has been a motion made to table Bill No. 10/5/06 - STATED - 2ND READING (DISCUSSION) 060580 and I believe it was seconded.

Councilwoman Blackwell

Roll call, ma'am.

Council President Verna

I believe it was seconded and I would ask the Chief Clerk to please call the roll.

Chief Clerk

Councilwoman Blackwell.

Council President Verna

Now, if you vote aye, it's to table. That's clear. An aye is to table. Councilwoman Blackwell.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

No.

Chief Clerk

Councilman Clarke.

Councilman Clarke

No.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye is to table, right? Aye.

Chief Clerk

Councilman Goode.

Councilman Goode

Aye. 10/5/06 - STATED - 2ND READING (DISCUSSION)

Chief Clerk

Councilman Kenney.

Councilman Kenney

Aye.

Chief Clerk

Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Ramos.

Councilman Ramos

Nay.

Council President Verna

I'm sorry. Was that a nay?

Councilman Ramos

Nay.

Council President Verna

Thanks.

Chief Clerk

Councilwoman Reynolds Brown.

Councilwoman Brown

No.

Chief Clerk

Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco.

Councilwoman Tasco

Aye. 10/5/06 - STATED - 2ND READING (DISCUSSION)

Chief Clerk

Council President Verna. Council

President Verna

Aye.

Chief Clerk

The ayes are eight; the nays are four.

Council President Verna

So that bill is tabled, and that concludes our -

Councilman Clarke

Madam President?

Council President Verna

-Final Passage Calendar. I'm sorry. Councilman Clarke.

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?

Councilman Clarke

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?

Mr. Auerbach

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."

Councilman Clarke

Okay. I just wanted clarity. Thank you.

Councilman Kenney

If I could.

Council President Verna

You might as well stay there, Rick. Councilman Kenney.

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?

Mr. Auerbach

That's correct.

Councilman Kenney

Thank you.

Councilwoman Blackwell

That remains for us all in Council now. That's what we've become.

Council President Verna

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.

Council President Verna

Okay. Do we have speeches on the part of the minority? (No response.)

Council President Verna

Do we have speeches on the part of the majority? The Chair recognizes Councilwoman Blackwell.

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.)

Council President Verna

That is very uncalled for. That is uncalled for.

Councilwoman Blackwell

And I think it is unconscionable -

Council President Verna

That is uncalled for.

Councilwoman Blackwell

-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.

Council President Verna

Thank you very much. (Applause.)

Council President Verna

Are there any other speeches on the part of the majority? (No response.)

Council President Verna

Seeing none, I recognize Councilwoman Tasco for a motion to adjourn.

Councilwoman Tasco

Madam President, I'd like to move that Council stand adjourned until August 19th, 10:00 a.m.

Council President Verna

October.

Councilwoman Tasco

October. (Duly seconded.)

Council President Verna

It has been moved and seconded that Council stand adjourned until Thursday, October 19th at 10:00 a.m. say aye. (Aye.)

Council President Verna

Those opposed? (No response.)

Council President Verna

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.)