It could be commercial. It's either commercial or R-10. Most of our properties in our neighborhood are R-10.
There's someone in there, yes. It's 457 Belgrade Street is the address.
Can we find out before this hearing is over what's going on with that address?
Please come up to the witness table. We shouldn't have conversation like that. We can't hear. The stenographer cannot hear. 81 05/26/04 - RULES - BILL 040156 Do you have the address of this property?
No, I don't, Council President. 457 Belgrade Street. We will call now and research. As to the variances, the Department knows the variances and the different conditions the Zoning Board of Adjustment puts on any hearing they have. So we would be aware of that. It would come back to us. So that part we do know about, that was said we didn't, but we do.
What you're saying is there's a proviso in a variance that's put in the file so your inspector can look at that file?
The permit is issued off of the basis of the variance and the provisos in the variance. So it would be known to the Department that there is provisos and obviously a variance.
Do we even know if they got permits for construction?
Yes. The permit was posted on the side of the building, but they haven't worked on it since then.
How long until a permit is no good? It's good for a year?
If you do work it is good for 60 days. You could virtually drive a nail -- six months, rather. I'm sorry. You could virtually drive a nail, and then five-and-a-half months later drive another nail and it would be good for an additional six months.
Let me ask you this one question -- correct if I'm wrong, ma'am. You talked about handicapped ramps here?
Yes. And they 83 05/26/04 - RULES - BILL 040156 also broke the bearing walls. There are bearing walls on the outside. If you take a look they've got wood going across.
What happens to handicapped ramps, Commissioner? Does that overrule any of our zoning?
That would be approval by the Streets Department for the ramp. L&I would not issue that.
In this instance, if this was an encroachment, Councilman DiCicco would have to introduce legislation for the encroachment?
It would be an issue dealt with by the Streets Department.
But my question, which is germane to this I think -- the handicapped ramps, that makes me nervous because of the American Disability Act. Do they pretty much get whatever they want?
I can't answer that question. I'm not knowledgeable enough to 84 05/26/04 - RULES - BILL 040156 answer it.
I think you can make a call to your office to find out how this building is zoned, so before the conclusion of the meeting our witness would know.
Fine. Do we have any other questions or comments of this witness? (No response.)
I'd like to add something. You were asking and Councilman DiCicco had asked, when we handle our zoning meetings for our neighborhood, we do a one-block radius because they're the most people that are affected by any new development. The only time that we have a community hearing is if someone wants to put 85 05/26/04 - RULES - BILL 040336 in a club or something like that that's going to affect the impact of the whole neighborhood. But they'll respect a one-block radius at the ZBA, and that's how they'll work it. I've been doing this for years. 7
Thank you 8 so much. 9 Do we have any other witnesses on 10 this bill? 11 (No response.) 12
Seeing 13 none, I would ask Mr. McPherson to please read 14 the title -- 15
Madam 16 President, should I do the deletions now or 17 wait until we come back? 18
I would 86 05/26/04 - RULES - BILL 040336 ask Mr. McPherson to please read the title of Bill No. 040336.
An ordinance 5 amending Section 14-305 of The Philadelphia Code relating to C-4 commercial and C-5 commercial districts by requiring that prior to the issuance of certain permits, a Zoning Board of Adjustment certificate be obtained.
Good morning once again, Madam President and Members of the Rules Committee. My name is Thomas Chapman. I'm the Director of the Development Planning Division for the City Planning Commission, and I'm here today to testify on Bill No. 040336. Councilman Clarke introduced this bill on April 1st of this year. This bill 20 amends the C-4 and C-5 commercial zoning classifications. If enacted, this amendment would require all uses, with the exception of parking garages on certain streets, to obtain a certificate from the Zoning Board of Adjustment. The enactment of this amendment 87 05/26/04 - RULES - BILL 040336 would create a situation where, in the central business district of the City of Philadelphia, every use of a property would require a hearing before the Zoning Board of Adjustment. The Department of Licenses and Inspections has estimated that an additional 500 to 600 applications would require the consideration of the Zoning Board if this amendment were approved. This represents an increase of about 32 percent over the Board's current caseload and would require upwards of an additional 40 days of hearings. The Planning Commission at its meeting of May 18th, 2004 recommended that Bill No. 040336 not be approved. The Planning Commission recognizes the legitimate concerns of the Department of Licenses and Inspections, and the Commission believes that this amendment does violence to a basic tenant of zoning, and that is that certain uses are permitted as a matter of right. The Planning Commission believes that it will discourage all types of development from considering Center City due 88 05/26/04 - RULES - BILL 040336 to the fact that every business would be subjected to the time, expense and uncertainty of the Zoning Board of Adjustment hearing process. That concludes my testimony. I'll be happy to answer any questions of the Committee.
Thank you. Are there any questions from any Members of the Committee? The Chair recognizes Councilman Cohen.
What's the feeling of the Commission with respect to whether the bill would be a worthwhile bill? If you eliminate the questions of additional staff needed or further burdens, is it a good thing? Would it be a good thing to have in general?
Councilman, we didn't have any concerns regarding staffing with this particular bill. The Commission is just generally opposed to the fact that this would create a situation where every use in C-4 and 89 05/26/04 - RULES - BILL 040336 C-5 would require a Zoning Board hearing. It's that simple.
But sometimes the Zoning Board hearing is the only method of protecting the citizenry in general, isn't it?
Sometimes it is, Councilman. We have, I think, 54 different zoning classifications in the Code right now. Every other zoning classification has a list of uses that are permitted as a matter of right without any hearings before the Zoning Board. We just think that to require C-4 and C-5 -- which is in the heart of Center City -- to require that every use from a water-ice stand up to a 70-story office building to require Zoning Board approval is something that the Commission didn't want to support.
Thank you, Madam President. Madam President, I've had 90 05/26/04 - RULES - BILL 040336 substantial discussion with members of Planning and L&I and other individuals throughout the Administration, and they've expressed their concerns about this particular bill, and I understand the concern to a degree. I did not want to have to do this bill. You will hear substantial testimony from residents who don't necessarily fall within the areas that this bill addresses because it primarily talks about Center City, but you will hear testimony that talks about similar concerns that have been raised in areas where this particular bill, if enacted, would give community people an opportunity to participate. And I did it in Center City because that's where some of these issues were initiated. I'm sure you will hear testimony after Mr. Chapman is done from people in other outlying areas who will probably ask us to incorporate this legislation in some of their commercial areas and possibly some of their residential areas. After you hear the testimony, I would like to follow with a 91 05/26/04 - RULES - BILL 040336 statement on what the intent of both the bill 3 and the sponsor of the bill will be as it relates to this particular issue. I have been extremely frustrated with this issue and with these over-the-counter permits. I think that there is too much discretion in the ability for individuals to issue these over-the-counter permits. I am, frankly speaking, tired of having to call up and ask about a permit that was given over-the-counter when on the same block an individual applicant was asked to go to Zoning. There's no consistency as it relates to these over-the-counter permits. This is why I did the bill. So after the testimony, Madam President, I would like to speak and talk about where we would like to go from here. And I would ask for your indulgence.
Thank you. Are there any questions or comments from Members of the Committee? (No response.)
Seeing 92 05/26/04 - RULES - BILL 040336 none, our next witness?
This is a panel. Rittenhouse Row, Cory Cutler, Ms. Davis and Donald David Allen.
Good morning. Welcome. Please identify yourself for the record and proceed with your testimony.
I'm Donald David Allen. I'm Chairman of Government Affairs for Rittenhouse Row. Basically what we have to say is kind of frustrating for us because through Councilman Clarke, we presented to you an overlay for the businesses on Chestnut Street and Walnut Street from Broad to 21st. And the reason for it is we have over 200 businesses that are members of our organization. We were very concerned that we felt that those two blocks were very big driving forces of bringing visitors, residents and people from the suburbs back into town to do their 93 05/26/04 - RULES - BILL 040336 shopping, and that there should be some type of an organized way to keep these areas as something really special. We've presented this overlay to City Council and we had your support, and you passed both of the overlays, which kind of put down what we feel is inappropriate for those two streets and what we think is appropriate for the streets. And it's very clearly written out. Now, what's been happening is just the opposite. Businesses have been going to Licenses and Inspections, the windows get covered, and before we know it, we have something that is just totally opposite of what is in the overlay that has been passed by City Council. And once it's in there it's very hard to do anything about it. When we do get the business to Zoning and we can have our representative there and we can discuss what the plans are for these businesses -- and the City usually does recognize at Zoning our overlay -- and if the business is something that was listed in our overlay as not 94 05/26/04 - RULES - BILL 040336 appropriate, the City does say, as far as the overlay goes, this is considered not appropriate. And that's what we're looking for, to be able to go to Zoning and to be able to stop businesses from opening up overnight that are totally adverse to the overlay and not a positive thing for Chestnut Street or Walnut Street. It's really an amazing thing. I've listened about the residential problems. We have the same problem with the overlay. Right now just as a prime example, as you probably know, Chestnut Street was the latest overlay that we had passed by City Council. We're very proud of Chestnut Street and we see it redeveloping into something really special like it used to be. About a month ago we were walking to a zoning meeting, and we take a look right next to the Art Institute or an art school which is right across from Liberty Place -- which is just an absolutely beautiful block on Chestnut Street. It's probably the most developed and best looking block of it all -- is a take-out restaurant, which is against our overlay, and 95 05/26/04 - RULES - BILL 040336 it's painted bright yellow. Very sad. And, you know, the question to us is, that we went through City Council, went through all this trouble, how did they get to be able to even open this? And what it really basically is, is it's an over-the-counter situation. They don't go to Zoning, and by the time it gets done, it slips by us because the windows are usually papered in while they're doing the work. And it becomes a big problem once its done to undo it. I guess our problems are just like the residential ones, but our goal is nothing more than to try to enforce this overlay and try to make these two long blocks from Broad to 21st as destination points for visitors, for residents, something that would have diversity and people would be proud of. City Council has backed us, but along the way it's not happening. And it's not happening too many times. It seems that the more legitimate businesses are going through Zoning, even though maybe it's what our overlay is about. 96 05/26/04 - RULES - BILL 040336 And some of these sleazier businesses are going and getting these over-the-counter permits to do work. But in most cases I think they realize that they're really not allowed to. I don't think it's a fact of ignorance on their part.
I think it's an intentional misrepresentation, and it seems to be pretty easy to do. So that's our problem and that's what we're coming to you with. It's very similar to your residential problem. Thank you.
Thank you for coming in to testify. Cory, do you want to add anything to what this man said?
Sure. Cory Cutler, Rittenhouse Row. Essentially, what we're for is just to retain our voice in the political process. The over-the-counter permits are basically taking away our ability to protect and preserve and promote the kind of neighborhood that we wish to retain. So we're asking for your support to change that policy. 97 05/26/04 - RULES - BILL 040336 Thank you.
Thank you very much. Are there any questions of these witnesses? The Chair recognizes Councilman Mariano.
You may have answered my question. This take-out you were talking about, you were saying they had an over-the-counter variance or they just didn't do anything?
And when you call L&I or you call Councilman Clarke or Councilman DiCicco, whichever one, and you say, I'm not sure about this, and they get back to you with information, is that place still open?
In our conversations with some people who we have spoken with, we're pretty much told that it's really a hard situation to overcome once it's done. And 98 05/26/04 - RULES - BILL 040336 it's almost like the reality of it is that if it can done and slip by us, then it becomes a process, a legal process, and the legal process can be drawn out with attorneys for quite a period of time, which is in the favor of the person that has done it. One of the problems, to be frank with you, that we have as an organization is we have a very active organization. We do the spring festival, we raise a lot of money within our businesses, but we just can't afford the legal fees to start to go up against every one of these situations. We're right now for the first time -- maybe not the first time, maybe the second time -- we are going up against a ruling that did take place. It is expensive. It's something we just don't have the ability to do.
So this legislation that the Councilman is proposing is probably going to end that for commercial districts?
Yes, it would. It would be great for us, as a matter of fact. 99 05/26/04 - RULES - BILL 040336
Thank you. Any other questions from Members of the Committee? (No response.)
Good morning, Madam President and Members of Council. My name is Alan Rubin, and I live in the Spring Garden area. I've been there for 36 years now. I'm the chairman and have been for the whole period of time of the Zoning Committee of the Spring Garden Civic Association. We have a related problem to the issue in front of you. As you all may know, the Spring Garden area many years ago was basically an area with many, many abandoned buildings, houses. There were multiple unit buildings. They were 170 years old. They had 100 05/26/04 - RULES - BILL 040336 outlived their lives and they were either boarded up or vacant with no tenants. We rezoned in 1974 reaffirming the residential nature of the neighborhood, and shortly thereafter I, as chairman, decided that since an abandoned building -- they all had variances for multiple units, six, seven, eight units in these buildings. We filed affidavits. Actually, Judge Dych, who's now a judge, was a signatory on the affidavits, 60-some affidavits on vacant buildings indicating that they had been empty for an extended period of time. The variance lapsed, if there was one. And he took an affidavit, effectively filed it in the L&I files of those buildings to protect someone from coming in and saying, it's an occupied building, and getting variances. We were trying to promote single-family homeowner occupancy. It worked very well for a number years. Until one day we saw some buildings being redone that we had filed affidavits on, and low and behold, when we checked, the affidavits were missing from the files. Apparently expediters had gotten 101 05/26/04 - RULES - BILL 040336 the files -- in those days L&I handed the files to whoever came in -- and removed the affidavits. So we had to go through all the affidavits again. We had copies and we wrote them indelibly on the inside file folder. So that was eliminated. We still have the problem, however. There's a building presently that we're dealing with, 613 North 18th Street. Someone went in, an expeditor went in -- it was a six-unit building. They got a permit for six units, a greater number than was allowed. We did not file an affidavit on that building. It was one that we forgot. There may be others that we forgot. They got an over-the-counter permit and they started to build. Before they did that, they also went to the Historic Commission -- because it's historic now -- and they indicated that they would restore the bay in the back with the fish scale shingles and two windows and the entire thing. They got a building permit and proceeded to tear down the entire rear of the building with a permit, with a demolition 102 05/26/04 - RULES - BILL 040336 permit. Basically what I'm saying, there are holes in the system. There were no 5 postings because they didn't a variance. They got this over-the-counter. And this is the kind of thing -- and it's always the worst developer, if you call them developers -- the worst builder who will do this. Others come to us. But no neighborhood is more intense and concerned than we are. We've gone through all of this effort over the years and still this happens. What would happen in Fishtown? What would happen in an area that doesn't have people who are so committed like I am and some other people are? We watch this like a hawk and it still gets through. I think this is a City-wide issue. It does not just apply to commercial. It applies to residential. And I do think whether it's this bill or something else, I think the panel should be aware of this ongoing problem. It's always negative for neighborhoods. Thank you. 103 05/26/04 - RULES - BILL 040336
Thank you very much, Mr. Rubin. Are there any questions of our witness? (No response.)
Thank you again for coming in. Our next panel of witnesses will be?
Welcome. Kindly identify yourself for the record. MS FIELDS: Good morning. I'm Arlene Fields. I'm the Committee Woman for the 43rd Ward, 24th Division, and I've been a resident since 1974 in the area. First of all, thank you for allowing me the opportunity to come before you and testify. I'm here concerning the over-the-counter permits. I live a community when I moved in in 1974 was a very beautiful 104 05/26/04 - RULES - BILL 040336 community, and because of some of the things that are going on, it has started to go down and we're trying not to let that happen. On the corner of Broad and Pike for years has been a cleaners. For the last five years the bottom part of the building, which was the cleaners, was vacant, but the owner lived on the second and third floors. One of our community residents volunteers to keep McFerran Street side clean from Broad Street to the dead end. And it was in October there was some gentleman and a lady standing outside of the building, and as Committee person, I thought it was my responsibility to find out what was coming there. And they politely said they couldn't speak English and ignored me and began to talk. I called Councilman Clarke's office to find out what was going on, and at that time I was told that I had to wait until it would go to Zoning. Two weeks later, a two-foot by three-feet sign was put on the window. It was written in Chinese, so no one in the neighborhood knew what was going on. 105 05/26/04 - RULES - BILL 040336 As time progressed, work began on the building and they began to demolish the building or do some interior demolition. I asked the workers, what's going to be here? And they said, a Chinese restaurant. We said, in this community we do not need another Chinese restaurant. Again, I contacted Councilman Clarke's office, and at that time was again told that I had to wait until they went to Zoning before anything could be done. Work continued to progress. And I have pictures here of some of the work. And I was in construction for nine-and-a-half years, so I am aware of how some things should be done. In checking to find out, the permit they had was to install a new kitchen and to install duct work. Well, in the process not only did they install a new kitchen and new duct work, they completely redid the front of the building. They tore the old front down and then they built it back up with cinder block. In the building there were spaces about four or five inches between each cinder 106 05/26/04 - RULES - BILL 040336 block. Once the concrete dried, they covered it with black, shiny tile, which meant not anyone walking around could see that, but because I knew construction and saw that it was shoddy, they covered it quickly. What you're looking at are pictures of a ramp that was built with concrete block, and you'll also see at one point there's a large space in between there, and it was left open for a while. Now, New Year's morning about 2:30 in the morning we were coming in from church, New Year's night service, and the workmen were putting up a sign out of the awning 2:30 in the morning. They poured concrete sidewalk at 1:30 in the morning. They do all of the work when there's no one around to see what's going on. I called the gas company because the meter for years since I've been there had always been in the basement, and I felt that it should have stayed in the basement since they're now going around in the truck reading the meters. The meter was put on outside. 107 05/26/04 - RULES - BILL 040336 They went in the basement, dug it, put it up outside with all the posts. Now, we are in an area where there are a lot of children, and unfortunately we have drug activity in the area on one side of the Pike street area. To move further on, what has happened, I complained about that. The gas company said, we do it for new buildings. I said, this is not a new building. I've been here since '74. Nothing has changed. Well, we have permission from L&I.
We've had other new buildings and new businesses coming in the area. I did a survey from City Hall to Cheltenham Avenue. Out of all the new businesses and new fronts that have been put up, there are only two meters that are gas that have been put on the front, and that is the one Chinese restaurant on the corner from where I live and the other one on Allegheny Avenue near Broad. And I was disgusted with that. When I called L&I again and said we wanted something to be done with it, they said they could do nothing. But mysteriously the 108 05/26/04 - RULES - BILL 040336 owner of the restaurant put up a railing -- and you'll see the first railing where the spokes are very wide. So I called and complained. I said, how dare you go and do that. So then again I called and complained to L&I, and this time -- as you'll see there's another set of railings with smaller spokes, which was supposed to satisfy the neighborhood. We're not satisfied. One of our biggest concerns is that we are yet waiting for it to go to Zoning. But unfortunately for us and fortunately for them, they're open already doing business. The business is flourishing. And what we did not want to happen is happening. The drug dealers are sitting on the side. Then the restaurant has boxes of discarded grease sitting on the side of the building, and they're emptied, the grease boxes. They're just all on the side of the building. I didn't get an opportunity to download that on the computer, but you would have had that also. I'm just disgusted and frustrated 109 05/26/04 - RULES - BILL 040336 that a community that's trying to bring it back to where it should be is being ignored. They are able to come in, open up their business and not go to Zoning. There's trash that stays out there. Our neighbor who's the one that volunteers to keep the street clean, she got on him, I think it was just before our trash day, Monday, and said to him, clean up your trash. So there were literally bags 11 of green trash bags that he filled with trash 12 that had been sitting in the yard and on the 13 sidewalk. Getting a permit over-the-counter was disgraceful because the community did not want another Chinese restaurant. That's 3901 North Broad and 1355 Pike Street. So it's a corner property. In the 3700 block of Broad Street there's another Chinese restaurant. In the 3700 block right near Venango is another Chinese restaurant. Standing from the corner we can see in a row three Chinese restaurants. That is just too much. That is not what we needed there. We're trying to bring the community back to its original state, and we 110 05/26/04 - RULES - BILL 040336 cannot do it with constantly having businesses come in that do not come before us to find out what we want. We are important. We pay our taxes. I am a resident there, and I always say, I choose to stay there. I choose to stay there. And I think something needs to be done to stop this from going on. They're ignoring the residents. It's as though we do not exist. And we do. And we have a plan for our neighborhood, for our community. It does not seem like there is anyone else that is just as concerned as we are.
I don't mean to interrupt you. I just want to get something clear in my own mind. You indicated that you did in fact call L&I on several occasions?
Was an inspector ever sent out there? We'll ask the deputy or the Acting Commissioner. Did they ever issue a cease and desist order? 111 05/26/04 - RULES - BILL 040336
No, President Verna. There was no cease and desist order. We continued to look for the zoning notice in the window. We called about that. What we saw in the window was a copy of a permit that they only had to do the kitchen and the duct work.
They went very far beyond that. Then they had a roll-down gate. Once the roll-down gates came up, we knew nothing was going on the inside.
Good morning. My name is Rodmell Griffin, and I'm the Executive Director of Hunting Park Neighborhood Advisory Committee. I want to thank Councilmembers for allowing me to present a brief testimony opposing the over-the-counter permits issued by L&I. I'm going to very, very brief and just state that over-the-counter issuance of 112 05/26/04 - RULES - BILL 040336 permits by L&I puts the community in conflict with some of the business developments. For example, within our community, within the 3600 block of North 5th Street, we had a restaurant owner who obtained an over-the-counter permit from L&I to expand his business. The expansion of the business was to occur in the rear of the property, which meant that the customers would have to go to a building in the back of his existing business that seated approximately 50 people. Now mind you, the community was not informed that this restaurant owner wanted to increase the number of people that he would service. We don't have a problem with business development. We think that it's a plus for communities. Economic development is what causes the community to thrive and become stabilized. However, we have a problem when we have people that ignore the law. Many times when you find L&I issues permits, it does not clearly inform the applicant of what is required or the applicant conveys to the community that it does not understand clearly 113 05/26/04 - RULES - BILL 040336 that it could not do X, Y and Z. In this instance, the applicant erected additional space and had his staff people to prepare the foods, hot foods, that they would walk down five steps and take to the back of a building. That's from my desk to your space. No sanitary conditions there where people could wash their hands. And inside of the existing establishment the wall of the restroom was seated against the chair where the customer was eating. Now, it would seem that me that there were health problems even related to the existing business, nonetheless giving him a permit to expand his business. That's just one instance. Another instance is when the community is brought into the situation by a resident who is complaining. Now, we're on the side talking about, we want to see business development. We want to see the community become organized and actively participating in developing the resources for that community. Here we go. Going to the zoning hearings with the applicant expecting 114 05/26/04 - RULES - BILL 040336 for the community to support the business and the economic viability of the community, and the community residents expecting for the organization to support them because we should have been informed that this particular development was taking place, and we should have been able to convey that to at least the block captains within that immediate area. So now what happens? We're caught in the mix of this. Over-the-counter permits should be stopped. There should be a process in place where any permit that is given that involves people -- and I'm talking about the businesses. I'm talking the community residents. I'm talking about organizations. It should be done in a fair process that allows for interaction between the developer and the community. The only place that I know that this happens thus far is at the Zoning Boards. It seems to be a place where the community can come in and can interact with the developer and talk about what makes real sense for the developer, for the community, and find a common ground where there can be 115 05/26/04 - RULES - BILL 040336 negotiating, revision if needed and even approval. So my support would be that of the Zoning Board, being the responsible agency that would issue any kind of certificate or permits that involve development within communities. We are on record as opposing L&I to continue to insult the community by issuing permits over the counter.
Good morning. My name is Una Vee Bruce. I'm from the Francisville Community Development Corporation. We are very opposed to the over-counter permits because we are an upward mobile community right now, and I think we must be the hottest community in the world, that everybody is coming there to build on lots and things of that nature. We've had a situation that we're concerned about the over-the-counter permits because a person took a single family dwelling, converted it into a duplex and 116 05/26/04 - RULES - BILL 040336 proposed to put a coffee shop all in the same single family dwelling. They were allowed to do the two units, but they weren't allowed to open a coffee shop. The other thing we're concerned about is when developers come in and they get the permits that -- we just almost had a tragedy on Saturday, that in the 800 block of 20th Street a developer came in, did the excavation. No one knew what was going on. As a result, he hit the building. Two families have been relocated, but the building fell on Saturday. The other thing is that when there is buildings and they're in a stage of demolition, there is a group of men that go by. They buy these buildings, stop the demolition and leave the buildings open until they can secure enough money or whatever else is going on. But all of this is done with over-the-counter permits that they're able to do. Our community has been working and planning over 30 years, and you can see the 117 05/26/04 - RULES - BILL 040336 development in it. But these kind of negative things are really having a very bad impact on what's going on. And we need to have more knowledge of these over-the-counter permits that's going on because Zoning gives us a better voice into what's going on. One of the greatest things that we have now is that there is a trend on the vacant lots, that people are proposing to change the whole fiber of the neighborhood. Our houses are usually three stories or two stories. They're proposing four stories with garages, which is a height issue as well as a density issue. We're just saying that once communities are thriving, generate a tax base, that community people need help in overseeing and policing what's going in these established neighborhoods. Thank you.
Thank you, Ms. Bruce. Ms. Fields, in your earlier testimony you talked about a particular building where an individual got an 118 05/26/04 - RULES - BILL 040336 over-the-counter permit for some very specific work, duct work. Is it your contention that that opened up the window of opportunity for this individual to construct and reconfigure and add additions to the building? And had that person not been able to get that over-the-county permit to initiate some activity in that building, they would have not been able to do the additional things that were done?
Correct. They would not have been able to continue. As I said earlier, they did get it for two things, and that was clearly displayed in the window. And they just continued on. They continued to do what they wanted to do. By them having the permit and it just saying everything was okay, they didn't have to do anything. So they just went on to do and open up the restaurant.
So essentially the concerns that have been raised, based on what I'm hearing, is that there is no process, notification process, as it relates to over-the-counter permits. There is 119 05/26/04 - RULES - BILL 040336 essentially no monitoring associated with what is allowed with the over-the-counter permit.
Absolutely no 5 monitoring. Along those lines, had there been a process that they would have go for each individual type of construction they wanted to do, and had it gone to Zoning, we would have tried to stop it because we didn't want it. But there was never anyone there from L&I to oversee their putting in the concrete. There was no one to oversee the steps, nothing they were doing. There was never a person from L&I. And one of the reasons was because it was done in the wee hours of the morning. So that was just one of the things that was really of great concern. That over-the-counter permit just does not allow anyone or does not give anyone the opportunity to even monitor it.
We actually had a situation recently where actually L&I was supportive. I had to personally get involved. When a person actually did get a zoning variance and there was a proviso that a 120 05/26/04 - RULES - BILL 040336 particular store on 29th Street in the Strawberry Mansion area was supposed to close at 12:00 and they continued to serve food in the wee hours of the morning out the back door. And I had to actually call Commissioner Solvibile from the site with a number of residents in my ear giving me wholly heck. And fortunately I was there. I was able to contact the Commissioner, and the Commissioner had, I believe, a special task force that they had that works during the wee hours of the night, and that task force caught them, frankly speaking, in the act. And they have been shut down for more than two weeks because there were a substantial number of violations, not only based on the zoning provisions, but based on other health code violations. Unfortunately, the likelihood of me being able to be in every store in every neighborhood and to be able to reach Commissioner Solvibile on every occasion and have that task force is pretty unlikely. So I think we need to have some mechanisms in place 121 05/26/04 - RULES - BILL 040336 to monitor these activities.
In seeing that this store stays open until 3:00 in the morning, is it at all possible that we or I can have a number in which we can call to help us to make this a better situation?
Well, you're so busy. We need to have some sort of control in keeping our neighborhood or helping our neighborhood go back to what it was.
Councilman, I'd like to add that I'm a former staff member of the Managing Director's Office. One of my major tasks was to serve as a liaison between the City and its neighborhoods. And working out of the Managing Director's Office, I was often involved with L&I issues, and of concern during that time was that have sweat shops. You don't hear very much talk about sweat shops today. Nonetheless, most of those permits that the applicants received were over-the-counter permits issued by L&I. 122 05/26/04 - RULES - BILL 040336 I don't need to really elaborate on sweat shops and how the deplorable state that the workers worked under and the negative impact that it had upon the communities, but I'd like to just go on record to say that that L&I is the same department with the same policies of issuing over-the-counter permits that negatively impacted and still impact upon the neighborhoods.
Thank you. The Chair recognizes Councilman Kelly.
This facility that they're building, this Chinese restaurant, was there ever a hearing, was there a variance necessary from L&I? In other words, did they have to go to the Zoning Board and ask for a variance?
No, they didn't. That's what we were waiting for, to see the zoning posted.
There was never a 123 05/26/04 - RULES - BILL 040336 posting. And from '74 up until they just opened, there had always been a cleaners, never a restaurant.
Well, I'd like to address Commissioner Solvibile about that. Because I think that's one of the things that I know they're very, very diligent on, is that they would go in there with an army of L&I inspectors and stop it. I'm just curious about why this activity was allowed to go on without the proper notice or without going to the Zoning Board and asking for that variance, which would enable you as a community group to go and oppose or support it. Commissioner Solvibile, I have a question for you.
Commissioner, are you familiar with this facility that this young lady is speaking about?
No. For the first time I personally heard the story today. My response would be that I agree 124 05/26/04 - RULES - BILL 040336 that a neighborhood should not have to live -- I'm Robert Solvibile, Acting Commissioner of Licensing and Inspections. I'm in agreement that people should not have to live with construction at 1:30 in the morning. There are laws that regulate that. As Councilman Clarke just stated, we will be aggressive when we know about this. Licenses and Inspections is required to have an emergency duty inspector on call 7/24. It's a building inspector that's assigned that reports directly to the Deputy Commissioner.
And they can be called to stop that activity and they would. Basically what would happen, they would go there at 1:00 in the morning, bring the police with them and stop the activity. It's as simple as that.
I'm just wondering why they weren't -- actually if they are supposed to go before the Zoning Board and 125 05/26/04 - RULES - BILL 040336 ask for a variance, since it was a cleaners at one time and now it's going to be a Chinese restaurant.
Good morning, Councilman, Members of the Committee. My name is Dave Perri. I'm the Deputy Commissioner for Construction Services. It's very likely that if it's zoned strictly as an eat-in restaurant, that it may be permitted in that location. So that would be the type of permit that we could legally issue over the counter. Now, if they're doing take-out activities at this restaurant, that's something that always has to go to the Zoning Board, no matter where it's located in the City. And if in fact they're doing take-out at this location -- we're looking at the zoning records right now -- we can issue a cease operations if they're operating outside of the limits of their approved zoning. So if they are in fact doing take out and did not go to the Zoning Board, we would be take the action of issuing a cease operations. 126 05/26/04 - RULES - BILL 040336
Also from my perspective, Councilman and Members of the Committee, I will look into why the complaint that the lady said she made and was told that they have to put a sign up was never dealt with. I will look into that and give a report to the Council Chair and Members of the Committee.
They are doing take-out. It is a take-out restaurant. And so that they can take out and eat in, what they do is they put two tables and two chairs at each table, but it is a take-out because the bulk of their business is take out, and the sign clearly says, eat in or take out.
Deputy, in addition to the take-out nature of that particular operation, based on these pictures, there also has been exterior alterations to the property. Shouldn't that require a variance? You can't get an over-the-counter permit to add additions to the property beyond the property line, can you?
We're looking at 127 05/26/04 - RULES - BILL 040336 department history right now. If there's alterations to the exterior, that would need a building permit. In most cases, exterior alterations, facade changes, did do not need to go to the Zoning Board or need to go to any other agency for approval. There are certain areas of the City where there's overlays and facade controls, but I do not believe that area of Broad Street has a facade control, so it would be a simple building permit. But we'll check to see that they have that permit.
And that is one of the problems that the community is faced with. Instead of the community being proactive in its approach to addressing development within its community, we become reactive because we do not get the information in a timely manner. And because there is a lack of communication between L&I and the communities, then it presents a problem for us. So when there is a need, we find ourselves becoming reactive and going to the Zoning Board for a place for our concerns to be heard. Rather, if there is a process in place and a systematic approach to 128 05/26/04 - RULES - BILL 040336 dealing with the issuance of permits, and it would be that issuance coming from the Zoning Board, then we feel that it will eliminate conflict and confusion, not only for L&I, not only for the developers, but for the community as well.
I can just tell that I think with the two gentlemen that are sitting with you right now, that I think they're very, very efficient and I think that matter is going to be solved very quickly. I'm sure of that.
As I said, I would be in total agreement with the community knowing everything that we humanly can give them. But our problem would be that someone can legally get by right -- I don't know that we can deny an over-the-counter permit because by right they can get it. Now, as far as the other situations, it seems to me that the permit -- and I'm not saying it is because I don't know the zoning -- let's say they could have an eat-in restaurant in that area, but as Deputy 129 05/26/04 - RULES - BILL 040336 Commissioner Perri said, they cannot do take out without going to Zoning. They are doing over and above what they said they were going to do on their permit; therefore, we have to come and step in and say, no, you're not going to do that, and stop this activity.
I appreciate it, Commissioner, if you would look into it. Thank you.
Thank you for your testimony. Is there anyone else to testify on this particular bill? (No response.)
Commissioner and Deputy, I need you to do something for me, if at all possible. First, I'd like to say, thank you, Commissioner, for taking care of that situation on 29th Street with the restaurant. They're still closed. You guys did a good job. With respect to this particular 130 05/26/04 - RULES - BILL 040336 bill, I understand the concerns raised by the Planning Commission and the Department of L&I, creating an additional level of quote/unquote bureaucracy as it relates to zoning hearings, and I'm to some degree sympathetic with respect to what they could potentially create. But I have consistently, through my staff, voiced some concerns about the over-the-counter permitting process and the inconsistencies associated with it. I wanted you to hear some public testimony beyond what I say. I purposely selecting different sections of the City, understanding that the substantial amount of the testimony does not necessarily relate to this particular bill 18 because it deals with the core commercial corridors. But once we initiated the bill 20 that dealt with the Center City commercial corridor, people were made aware of it and they quickly made it known to us that there were similar problems, both as it relates to residential and as it relates to commercial operations in the outlying neighborhoods, and 131 05/26/04 - RULES - BILL 040336 that will obviously increase the level of requirement on the Zoning Board and L&I. What I'd like to do, with the support of my colleagues, is to report the bill out of Committee because unfortunately -- I see Ms. Gatzmer in the rear saying no, which makes me definitely want to report it out of Committee -- understanding how things work around here -- and I actually learned this from some of my senior colleagues, not necessarily in age, but in terms of tenure -- that a bill sitting on the calendar sometimes creates the necessity to come up with a solution to the issue short of legislation. I would like to see, if at all possible, if folks from the government can come up with a process that is something short of zoning notification, but gives community residents, both in Center City and in the outlying neighborhoods, some sort of a process that they can have some notification of an action that is being taken over-the-counter. I right now don't know what that is. I have been given a couple of recommendations by my 132 05/26/04 - RULES - BILL 040336 legislative assistant and I'm more than willing to make him available to you. But I've got to have something that creates an environment where people feel that they have some say so in their neighborhood. Because these over-the-counter permits are killing me, particularly with the level of inconsistency as it relates to the issuance.
Some of what I believe I'm hearing today, Councilman, is that we issue the permit for what can properly be there in that community, but people are going over and above and beyond, and just in general not being good citizens. That's one issue, I think, that we can effectively deal with. One of the other things that Deputy Commissioner Perri has instructed the building inspectors in our district, as you know, there's a requirement that permits be posted on the front of buildings so people know what is going to go there, where it's easily readable by the person. And if it's not being done from now going forward into the fiscal year, the building inspectors have been 133 05/26/04 - RULES - BILL 040336 instructed to write a code violation notice against that builder, so that's notification. It's not maybe what the community wants a hundred percent, but to know they can't have a take-out restaurant. Take-out restaurants become known after the fact when they open the store and are doing business. So what I'm trying to say is I hear what the community is saying and I understand they are concerned where they live, as I have for my neighborhood and everybody should have. But the solution has to be a better solution in this bill. It would add just four months to anybody going in front of the Zoning Board, which would be, as you know, just a big problem. And if we can work together to come up with a common ground solution, myself, Dave, and Ms. Gatzmer will go along.
I consider myself to be reasonable. It is an issue I am frankly somewhat frustrated with. I have to continue to contact the Department or have Ms. Harris in my office contact the Department every time one of these over-the-counter are 134 05/26/04 - RULES - BILL 040336 issued. One, the situation that you just mentioned where people have gone far and beyond the authorization by that over-the-counter permit. And, two, that over-the-counter permit is inconsistent with what it should be as it relates to the particular zoning classification or the overlay. And three, the level of inconsistency in the Department, where I personally have seen two buildings that came in for a comparable use and comparable-sized buildings and one person was told they have to get a variance and the other person was given the over-the-counter permit. The only thing that was different was the location, but it was within three blocks of each other. That level of inconsistency makes no sense to me.
As far as the one point -- I'll let Dave answer the third point. But the second point, the beautiful thing about the Zoning Code is, right now even if it's a permit that can be issued over-the-counter for a change of use, the 135 05/26/04 - RULES - BILL 040336 zoning is allowed -- there's an appeal allowed to the Zoning Board that can virtually stop that work from going on until it's heard in front of the Board. That's available to the communities right now. That's an issue that we discussed the other day that in some cases can work well for communities. I'd like Dave to answer the other point.
Councilman, regarding the inconsistencies in the zoning review, I just want to state for the record that the Department does not and will not tolerate inconsistencies on similar applications. But what we often find as we investigate some of these particular cases, is that there's something particular about a given address that causes us to have reason to review that differently from a property that may be two blocks away. It may be even next door. Maybe there was something about the history. Maybe there was a recent permit. Maybe the yard is smaller than the yard next door. There's an almost infinite number of reasons why a permit 136 05/26/04 - RULES - BILL 040336 may be issued at one location and not be issued in another. To address the issue about involving the community, one of the goals of the Commissioner's program to computerize the department is to have all our permit records available on-line, available to the Council districts. You can split them up by zip code, you can split them up by your district and have real time information on the actual permits that were issued. As soon as we issue a permit, you'll be able to get a report on that and keep track of the various activity going on in your Council district.
Via the Internet anyone could get any public information that the Department has available. They can get it via the Internet, other than who made the complaint, which is something that we do not give out.
Thank you, Councilman. 137 05/26/04 - RULES - BILL 040336 I just have a technical question. I understand all of the issues involved with communities because I have similar problems. We all have the same issues. Enactment of this legislation or the voting of this bill out of this Committee, what precedent does that set for applications that are either pending, that are not related to the issue in which we have concern for? What, if any, implication will it have?
When a bill is voted out of Committee it falls under the doctrine of pending legislation. So any applications that come in after that's voted out of Committee will be treated as if the ordinance 17 is law. So we would start sending all applications in C-4, C-5 to the Zoning Board on either a refusal or referral basis.
I had experience years ago, before I was even a Councilperson, with some zoning classification changes that were with the support of the 138 05/26/04 - RULES - BILL 040336 community where developers wanted to do something, but because it was voted out of Committee, that really becomes the basis for the determination, whether it's law or not, even though it's not yet been fully passed by us. So I have a concern that if an application is out there for something that we all agree on to support, will that cause a hardship?
Councilman, I would be willing to commit as long as I am in my present position and even after -- I intend to go nowhere -- to work with you and any community to have department staff available that will work with communities to get a solution to this problem.
Can I do this? We have a Rules Committee hearing on June 9th. If we can hold the bill until June 9th, give you guys an opportunity to come up with something, assuming in that time, we'll be in a position to submit something that makes some sense that can put people at somewhat of a 139 05/26/04 - RULES - BILL 040336 comfort level. Is that fair?
You and I, we're on the same page about the issue here, but I'm just concerned that we may be going so far out that other applications are going to be negatively impacted.
Would the L&I Commissioner or somebody authorized to do, that whenever a request comes in for the grant of an over-the-counter permit, that notification go out to approved groups that the Commission may have knowledge of in the area, saying that a request has been made by so and so for such and such, and unless we hear any allegation of illegality or fraud or something like that, this permit seems to meet the requirements and we're going to grant it two weeks from today so that neighborhood 140 05/26/04 - RULES - BILL 040336 groups would have an opportunity before action was taken? They'd know that there was action before they got involved in a battle with L&I. And they would have an opportunity that would, I think, protect the L&I and might be of very great use to communities to stop something before it happens. Do you have the power to do that now without any further laws?
I don't want to shoot myself in the foot, but I'm not at all sure that we would have that power. I have no 13 problem with the suggestion of notifying the community because somehow, some way that needs to be a part of it. But to say that I and/or the Department can delay the issuance for two or three weeks, I'm not sure. Between now and June 9th we'll be prepared to answer the questions.
Thank you. Any other questions or comments from Members of the Committee? (No response.) 141 05/26/04 - RULES - BILL 040369
Thank you very much. The next bill to be considered is Bill No. 040369.
Bill No. 040369, an ordinance amending Chapter 14-1600 of The Philadelphia Code entitled, "Miscellaneous," by adding a new section prohibiting the demolition of buildings or other structures located within the area bounded on the north by the south side of Locust Street, on the west by the east side of 5th Street, on the south by the north side of Washington Avenue, and on the east by the Delaware River, and providing that such prohibition shall expire after a specified period of time, all under certain terms and conditions.
Good afternoon, Madam President and Members of the Rules Committee. My name is Thomas Chapman. I'm here to testify today on Bill No. 040369. This bill was introduced by Councilman DiCicco on April 15th of this year. This bill amends Chapter 14-1600 of The 142 05/26/04 - RULES - BILL 040369 Philadelphia Code by adding a new section 3 prohibiting the demolition of buildings located within the area bounded by Locust Street, 5th Street, Washington Avenue and the Delaware River. Demolitions would be prohibited unless it is necessary to abate an immediately dangerous condition. The provisions of this ordinance will expire one year after the bill becomes law. It is our understanding that this bill was introduced in anticipation of the enactment of Bill No. 040156, the Neighborhood Conservation District legislation. Once that bill has been enacted into law, this neighborhood would be the first Conservation District. The Planning Commission at its meeting of May 18th, 2004 recommended that Bill No. 040369 not be approved consistent with the recommendation regarding Bill No. 22 040156. That concludes my testimony. I'd be happy to answer any questions of the Committee. 143 05/26/04 - RULES - BILL 040369
Thank you. Are there questions from Members of the Committee? Councilman DiCicco.
Thank you, Madam President. I just want to repeat for the record that earlier this morning there were a number of residents from the Queen Village community who were here to testify on Bill 040156, and part of their testimony had to do with this bill before us, as well. So rather than go through all that again, I let them know that it was okay for them to leave, but it's already in the testimony. Thank you.
And I do have an amendment to that when we get into the public meeting.
I'm sorry. Madam President, we do have a witness. I apologize. 144 05/26/04 - RULES - BILL 040369
Fine. Please approach the witness table. MR. COSMAN (ph): My name is William Cosman, and I'm a resident of Queen Village. You have my statement in your record, but I will refer to it also. I'm here to speak in support of a moratorium on demolitions which harm the historic nature of Queen Village. I'd like to talk to you for a few minutes about my ideas for the development of Queen Village, some facts about Queen Village that have been brought up, but I think bear repeating in the way I'd like to state them. And I'd like to give some ideas about what I think is the intelligent development of Queen Village. Concerning the goals for development of Queen Village, I think we should strive for intelligent development that enhances the quality of life of residents of our village and retains the very factors that underpins the village's value to the residents and also to the residents of the City of Philadelphia. We should not destroy the very historic nature 145 05/26/04 - RULES - BILL 040369 that is one of our village's and one of the City's true assets. Queen Village's value is tied to significant historic nature and supported by these facts. Queen Village is the oldest part of the City of Philadelphia. Queen Village has a unique historic nature retained in homes and other buildings with unique architecture and design. That unique architecture and design contribute to the quality of Queen Village's residents and also contributes to the economic well-being and development of Queen Village and of the City of Philadelphia. Queen Village is one of the few historically important parts of the City that is not a Historic District, a status that could safeguard our unique architecture and design. Right now we are seeing a wave of new construction, new renovation, new condominiums and tracts of homes in Queen Village, and received rapid increases in real estate prices. Because of these factors, I believe Queen Village and the City of Philadelphia are 146 05/26/04 - RULES - BILL 040369 facing a critical decision that will have an impact today and for years to come. That decision concerns a moratorium on demolitions of homes and other buildings in Queen Village. If we fail to enact a moratorium and provide protection before Queen Village can be declared a Conservation District, we will continue to see the rapid development that favors outside investors and developers over the residents of the Village and of the City. We see the evidence of this irresponsible development right now on our streets. The demolition of historic homes and other buildings and renovations that ruin historic facades with garages and uncharacteristic styles. Most of these projects have the goal of rapid profits for people who then simply walk away from our village. If we grant a moratorium, we will give time to protect the history of our village and of our City before our village can be declared the status of a Conservation District. We will be supporting intelligent development that retains the nature of Queen 147 05/26/04 - RULES - BILL 040369 Village and safeguards our history. With a moratorium, historic buildings and streets can be safeguarded. New construction, when it's appropriate, will retain the nature of our neighborhood. This path is best for Queen Village's residents for the long-term economic development of Queen Village and the City of Philadelphia. History that is destroyed can never be restored. Once our historic buildings, streets, and neighborhoods have been broken it can never be fixed again. I'm asking you, please help save our history and support the intelligent development of Queen Village and of the City of Philadelphia. I'd like to make just a few personal comments. My wife and I moved to Queen Village a little more than two years ago. We moved from the suburbs, from the Main Line.
We came to Queen Village because of its diversity, the richness of its art and culture and also because it is an absolutely wonderful place to walk, where neighbors know each other and people can stroll among beautiful historic 148 05/26/04 - RULES - BILL 040369 buildings. I would hate to see that lost. I view Queen Village as a gem, and once a gem is allowed to be cracked and chipped on its edges, at a certain point it loses its value. I do not want to see that happen to Queen Village. I urge the Members of the Council to approve this moratorium legislation, and I'd like to thank you for the opportunity to speak before you. Thank you.
We certainly thank you for taking the time to come in to testify. Thank you so much. Do we have any questions of this witness, or comments? (No response.)
Do we anyone to testify on this bill? (No response.)
Seeing none, this will conclude our public hearing. - - - - COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING 149 COMMITTEE ON RULES - - - - Wednesday, May 26, 2004 - - - - Public meeting conducted by the Committee on Rules, held in Room 400, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILLS 040156, 040336, 040369. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA, Chair COUNCILMAN DAVID COHEN COUNCILMAN DARRELL CLARKE COUNCILMAN FRANK DICICCO COUNCILMAN JACK KELLY COUNCILMAN JAMES KENNEY COUNCILMAN RICHARD MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN O'NEILL COUNCILWOMAN BLONDELL REYNOLDS BROWN 150 05/26/04 - RULES - PUBLIC MEETING
We will now go into our public meeting. The Chair recognizes Councilman Clarke regarding Bill No. 040156.
There actually are three amendments, I believe, that will be introduced by Councilwoman Brown. They're not hostile amendments, so I certainly support those.
The following two sections shall read as follows: Section 15 14-1203(5B), contain the signatures of at least 30 percent of all property owners and at least 30 percent of all owner-occupied housing units located within a proposed NCD. So it would therefore raise it from to 30 20 percent. Secondly, Section 14-1203(8), "the Clerk of Council shall submit any proposed ordinance to create an NCD to the Planning Commission and the Historical Commission immediately upon its introduction. The 151 05/26/04 - RULES - PUBLIC MEETING Planning Commission and the Historical Commission shall then submit their recommendations on the proposed ordinance to Council, provided that Council shall not be bound by such recommendations. The approval of the Planning Commission and Historical Commission shall be presumed unless the recommendations are received within 60 days after introduction of a proposed ordinance." So we are therefore changing it from 30 days to 60 days. And Councilman DiCicco would like 14-1206(6) deleted.
Move for the adoption of the amendments. (Duly seconded.)
It has been moved and seconded that the amendments be adopted. All in favor will signify by saying aye. (Aye.) 152 05/26/04 - RULES - PUBLIC MEETING
The ayes have it. The amendments are adopted. The Chair again recognizes Councilman Clarke.
Thank you, Madam President. Madam Chair, I move that Bill No. 12 040156 as amended be reported out of Committee with a favorable recommendation with Rules suspension. (Duly seconded.)
It has been moved and seconded that Bill No. 040156 be reported out of Committee with a favorable recommendation as amended, and further that the Rules of Council be suspended so as to permit first reading at our next Session of Council. All in favor will say aye. (Aye.)
Those 153 05/26/04 - RULES - PUBLIC MEETING opposed? (No response.)
The ayes have it and the motion carries. The record will also reflect that Bill No. 040336 is being held to June 9th. I guess before we vote on the last bill I would like the record to also reflect that present we have to my extreme left, Councilman Cohen, Councilman Kelly, Councilman Mariano, Councilman O'Neill. To my extreme right, we have Councilwoman Miller, Councilwoman Brown and Councilman Clarke. I believe Councilman Kenney was in earlier. At this time the Chair recognizes Councilman Clarke regarding Bill No. 040369.
Thank you, Madam Chair. I move that Bill No. 040369 be reported out of Committee with a favorable recommendation and request for Rules suspension as to allow first reading at the next Session of Council. (Duly seconded.) 154 05/26/04 - RULES - PUBLIC MEETING
It has been moved and properly seconded that Bill No. 4 040369 be reported out of Committee with a favorable recommendation, and also a recommendation that the Rules of Council be suspended so as to permit first reading at our next Session of Council. All in favor will signify by saying aye. (Aye.)
I apologize. Lack of sleep is affecting me as well. I do have an amendment to that bill. I apologize. A technical amendment. I can read it in or there's a copy that everyone has.
Where it says, Section 14-1628, in parentheses, reserve. 155 05/26/04 - RULES - PUBLIC MEETING Strike that. In the first paragraph under that section, Paragraph 1, strike the word Locust, include the word, Lombard. And at the second paragraph under that section, delete entirely the last sentence beginning with, "In which case the provisions of the foregoing clause, parentheses, double I, shall not apply." Strike that completely. That sentence would end, April 15th, 2004, period.
Councilman, in the title, Locust is mentioned. Is that affected?
Would you please make certain that Mr. Ortiz has a copy 156 05/26/04 - RULES - PUBLIC MEETING of the amendment so it can be given to the Chief Clerk. I guess we're going to have to do this again. I think we will review the entire bill now. The Chair recognizes Councilman Clarke for the adoption of the amendment.
Thank you, Madam Chair. Madam Chair, I move for the adoption of the amendment as read into the record of Bill No. 040369. (Duly seconded.)
It has been seconded by Councilman Cohen. All in favor will signify by saying aye. (Aye.)
The ayes have it and the amendment is adopted. The Chair again recognizes Councilman Clarke. 157 05/26/04 - RULES - PUBLIC MEETING
Madam Chair, I move that Bill No. 040369, as amended, be reported out of Committee with a favorable recommendation and request for a Rules suspension as to allow reading at our next Session of Council. (Duly seconded.)
It has been moved and properly seconded that Bill No. 11 040369 be reported out of Committee with a favorable recommendation as amended, and a further recommendation that the Rules of Council be suspended so as to permit consideration at our next Council Session. All in favor will say aye. (Aye.)
Two points. One, I want to thank the Committee for your patience and support of the bill. Thank you 158 05/26/04 - RULES - PUBLIC MEETING for your recommendations on the amendments. I think this is really going to be a great thing for the City. And second, for those of you who are Members of the Streets and Services Committee, we're meeting at 2:00 today. We have 38 bills. Thank you.
Thank you all very much. This concludes our public meeting. Thank you. (Council adjourned at 12:57 p.m.) 159 C E R T I F I C A T I O N. I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Wednesday, May 26, 2004, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE ON RULES _________________________ Lisa C. Bradley, RPR