COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON LAW AND GOVERNMENT3 Room 400, City Hall6 Philadelphia, Pennsylvania Wednesday, November 17, 20107 10:20 a.m. PRESENT: COUNCILMAN WILLIAM K. GREENLEE, CHAIR10 COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR.11 COUNCILMAN JAMES KENNEY BILL 090588 - An ordinance amending Chapter13 14-1800 of The Philadelphia Code, entitled "Zoning Board of Adjustment," by amending14 Section 14-1805, entitled "Hearings," by revising the number of members of the Zoning15 Board of Adjustment that shall constitute a quorum, under certain terms and conditions.16 - - -18 2
Good2 morning, everyone. This is the Committee3 on Law and Government. For the record,4 we have a quorum with myself, Councilman5 Kenney, who is Vice-Chair of the6 Committee, Councilman Goode and7 Councilman DiCicco.8 Ms. Marconi, will you please9 read the title of the bill before us10 today.11
090588, an12 ordinance amending Chapter 14-1800 of The13 Philadelphia Code, entitled "Zoning Board14 of Adjustment," by amending Section15 14-1805, entitled "Hearings," by revising16 the number of members of the Zoning Board17 of Adjustment that shall constitute a18 quorum, under certain terms and19 conditions.20
Thank21 you.22 We have an extensive witness23 list. It begins and ends with24 Mr. Kramer.25 11/17/10 - LAW & GOVERNMENT - BILL 0905881 (Witness approached witness2 table.)3
So,4 Mr. Kramer, will you please identify5 yourself for the record and proceed,6 please.7
Good morning,8 Chairman Greenlee and members of the9 Committee. I am William Kramer, Division10 Director of the Development Division of11 the Philadelphia City Planning12 Commission. I am here today to testify13 on Bill No. 090588, which was introduced14 into City Council September 17th, 2009.15 Bill No. 090588 amends the16 Philadelphia Zoning Code by reducing the17 number of members of the Zoning Board of18 Adjustment required for a quorum from19 four members to three. This action is20 intended to encourage a more efficient,21 effective and transparent development22 process, as well as allowing the Zoning23 Board of Adjustment to hear more cases24 and decrease the need for continuances.25 11/17/10 - LAW & GOVERNMENT - BILL 0905881 This bill is consistent with2 the approved amendment to the3 Philadelphia Home Rule Charter, which was4 proposed by Resolution 090626, and5 altered the composition of the Zoning6 Board of Adjustment by reducing its7 membership from six members to five.8 The Philadelphia City Planning9 Commission at its meeting of October10 20th, 2009 considered Bill No. 090588 and11 recommended its approval.12 This is the conclusion of my13 testimony. I'd be happy to answer any14 questions you may have.15 COUNCILMAN GREENLEE:16 Councilman Kenney.17
Thank you18 very much.19 Mr. Kramer, I am not a District20 Councilperson, so I don't probably have21 the interaction with the Zoning Board22 that District Councilpeople do, but just23 out of curiosity and for the record's24 sake, how often do they meet?25 11/17/10 - LAW & GOVERNMENT - BILL 0905881
The Zoning Board2 meets two days a week, but has a session3 Tuesday morning at 9:30, has Wednesdays,4 they have a session that starts at 2:00,5 3:30 and then a third one at 5:00.6
So it's two7 days a week, but a couple times during8 the day?9
What's the11 difficulty in getting a quorum? I mean,12 how often does it happen?13
Lately it has not14 happened very often at all. However,15 there was a period of time where one or16 two members of the Board were suffering17 illnesses.18
Is this19 last Administration or this20 Administration?21
It was the24 beginning of this Administration where it25 11/17/10 - LAW & GOVERNMENT - BILL 0905881 happened, and it's happened a number of2 times over time. I personally sat at the3 Board for probably about 10, years4 I've sat over there. It's not an often5 occurrence, but occasionally it would6 happen. If someone was out of town on7 business and someone took ill, then they8 had a quorum issue.9
And I12 think just to add to that, I think the13 problem was that oftentimes the people14 who came over didn't know there wasn't15 going to be a quorum until they got16 there, and then the hearings got pushed17 back sometimes months.18 Right, Mr. Kramer?19
At the time they20 were happening, yes, sir, that would21 happen. If you had less than a quorum,22 the Board would not feel comfortable23 hearing the matter, especially if it was24 protested. If it was protested, they25 7 11/17/10 - LAW & GOVERNMENT - BILL 0905881 simply would not hear it, because that's2 a legal challenge that they weren't3 willing to take.4
Seeing8 none, thank you, Mr. Kramer.9 Are there any other witnesses10 on this bill?11 (No response.)12
Seeing13 none, just for the record -- and it will14 be moved at the meeting -- there will be15 an amendment, but it's basically a16 technical amendment changing the17 effective date of the ordinance.18 Being no other business before19 the Committee, the hearing on Law and20 Government is adjourned. We will now go21 into our public meeting, and the Chair22 recognizes Councilman Kenney on the23 amendment to the bill.24
Thank you,25 8 11/17/10 - LAW & GOVERNMENT - BILL 0905881 Mr. Chair. I move that the amendment to2 Bill No. 090588 as read into the record3 be approved.4 (Duly seconded.)5
It's been6 moved and seconded.7 All in favor say aye.8 (Aye.)9
Hearing12 none, the amendment is approved.13 Once again, Councilman Kenney.14
Thank you,15 Mr. Chairman. I move that Bill No.16 090588, as amended, be reported out of17 this Committee with a favorable18 recommendation and a request made for a19 rules suspension to allow first reading20 at our next Council session.21 (Duly seconded.)22
It's been23 moved and seconded.24 All in favor say aye.25 9 11/17/10 - LAW & GOVERNMENT - BILL 0905881 (Aye.)2
Hearing5 none, Bill No. 090588, as amended, is6 reported out of this Committee with a7 favorable recommendation and the rules of8 Council suspended to allow first reading9 at our next session of Council.10 Thank you all very much. The11 meeting is adjourned.12 (Committee on Law and13 Government concluded at 10:25 a.m.)14 - - -15 10 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on November 17, 2010, and7 that this is a true and correct transcript of8 same.9 10 11 12 13 --------------------14 MICHELE L. MURPHY15 RPR-Notary Public16 17 18 19 (The foregoing certification of this20 transcript does not apply to any reproduction21 of the same by any means, unless under the22 direct control and/or supervision of the23 certifying reporter.)24 25