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Fumo fails to exempt Philadelphia casinos from local safety, zoning rules
By Ed Goppelt
Wednesday, 07/19/06
(1153320505485)
14 democratic senators led by state Senator Vincent J. Fumo held up the state budget for 2 hours on July 1 in an attempt to ram through a new amendment that would have removed the City’s ability to enforce its safety and zoning rules on casinos. They failed.
At around 11 pm Saturday night Fumo’s faction reportedly demanded that the Senate immediately consider and pass a new amendment containing 33 pages of changes to the Gaming Act in exchange for approving the budget. The move came on what would have been the final vote of the session before the legislature adjourned for the summer.
Among many other things, Amendment A09181 would have stripped the City of Philadelphia of its authority to regulate the casinos and made the Gaming Board responsible for regulating the zoning, usage, layout, construction and occupancy of casinos.
Republicans refused to go along with the gambit and Fumo was forced to back off. The Harrisburg Patriot-News reported that “Republicans said their main objection to the proposal was that they didn’t want a major bill foisted on them at the 11th hour.”
Taking away the City’s power to make land use decisions “was important to Philadelphia members and my entire delegation supported me,” Fumo told the Senate in a floor speech justifying his actions.
“We wanted to do that because we felt that the Gaming Board was a more appropriate forum to make those decisions, because no matter who in the City of Philadelphia was awarded a license, there would be a court challenge and it would take a minimum of 3 years to resolve,” said Fumo.
Philadelphia’s five other democratic senators--Shirley Kitchen, Mike Stack, Christine Tartaglione, LeAnna Washington and Anthony Williams--all supported Fumo in his attempt to strip the City of its ability to enforce zoning and safety codes on the casinos.
Fumo vowed to pursue the issue when the legislature reconvenes in September.
Not surprisingly, City officials disagree about the wisdom of the state making safety and zoning decisions about the casinos for the City and its residents.
Mayor John F. Street was emphatic in his written testimony to the Gaming Control Board about the need for local input: “Consistent with the Philadelphia Home Rule Charter and common sense, we believe strongly that the Commonwealth must defer to the City on local land use decisions.” “
Those decisions are made for every major development project and allow us to balance quality of life decisions with commercial requirements,” the Mayor told the Board.
Councilman Frank DiCicco in his testimony warned that a loss of local zoning power might prevent him from protecting district residents. “I can only hope that the State allows the City to maintain some land use controls to help assist in this process,” DiCicco told the Board.
Although Fumo’s top legal aide claimed that both republicans and democrats had been informed of the amendment ahead of time, he was unwilling to provide specific names. Christopher Craig wrote Hallwatch in an email that “I find it offensive that I have to prove evidence of the numerous meetings that took place involving staff of the four caucuses.”
Kate Philips, the Governor’s press secretary said the amendment was not shared with the Governor’s office or the four caucuses. “It was last minute,” Philips told Hallwatch. “It wasn’t developed with all four caucuses and the governor’s involvement.”
One official Fumo did not consult prior to trying to introduce the amendment was his friend City Councilman Frank DiCicco. “I first heard of the amendment on Tuesday (7/11),” said DiCicco.
Had Fumo asked, “I would have told him not to run it. He shouldn’t touch the City’s ability to impose land use controls. It isn’t the right thing to do.”
DiCicco said the two men spoke about the amendment last weekend. “The conversation has not ceased and I hope I can convince him not to run the amendment before the fall. If I can’t the Senator knows he’s in for a fight.”
Whether DiCicco will be able to stand up to Fumo remains an open question.
The two men are close personally and politically. Fumo’s relationship with DiCicco has been characterized variously as patron, mentor, ally and friend. Fumo helped get DiCicco elected in 1995.
But it is DiCicco’s financial dependence on Fumo that may make it impossible for him to oppose the Senator in any real way. According to DiCicco’s most recent campaign finance report, he owed Fumo $20,000 at the end of last year. Fumo campaign treasurer Jamie Spagna submitted DiCicco’s report for him on February 1, 2006.
DiCicco brushed aside Hallwatch’s request that he list three examples where he had publicly opposed Sen. Fumo in the past. “What does this question have to do with the issue? It’s insulting. The Senator and I are friends, but don’t always agree,” said DiCicco.
Anti-billboard activist Mary Tracy wanted to know why the casinos were getting special treatment. “
We have hotels coming in, huge office complexes coming in, condos coming in all finding a way to comply with the zoning code and to make money. We don’t see why gaming facilities should be any different,” said Tracy, whose organization, SCRUB, has fought numerous battles to safeguard the right of all Philadelphians to participate in zoning decisions.
“You would think state senators would be protecting our interests rather than potential casino owners,” continued Tracy. “What community groups were consulted when the Senator brought this legislation to his colleagues at the 11th hour?
Fumo aide Craig wasn’t able to name any when asked.