COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON LICENSES AND INSPECTIONS3 Room 400, City Hall6 Philadelphia, Pennsylvania Wednesday, February 23, 20117 1:45 p.m. PRESENT: COUNCILWOMAN MARIA D. QUINONES-SANCHEZ, CHAIR10 COUNCILMAN DARRELL CLARKE COUNCILMAN BILL GREEN11 COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN JACK KELLY12 COUNCILWOMAN BLONDELL REYNOLDS BROWN BILL 100615 - An Ordinance amending Title of The Philadelphia Code, entitled15 "Miscellaneous," by adding a new Chapter, entitled "Neighborhood Blight Reclamation and16 Revitalization," providing remedies for the remediation of neighborhood blight...17 BILL 110084 - An Ordinance amending Chapter 1,18 Subcode "PM" (The Philadelphia Property Maintenance Code) and Chapter 4-200.0, Subcode19 "A" (The Philadelphia Administrative Code) of Title 4 of The Philadelphia Code, by amending20 Section PH-102.0, entitled "Licensing," to provide for exemptions for certain vacant21 property uses... - - -23 2
My2 apologies. The Committee on Licenses and3 Inspections will have a hearing.4 For those who are unaware, Bill5 100615 is being held. So today's public6 hearing will be on Bill 110084 only, a7 quorum being established with Councilman8 Kelly, Councilman Bill Green, Councilman9 Bill Greenlee and Councilwoman Blondell10 Reynolds Brown.11 Will the Clerk read the title12 of the bill.13
Bill No. 110084, an14 Ordinance amending Chapter 1, Subcode15 "PM" (The Philadelphia Property16 Maintenance Code) and Chapter 4-200.0,17 Subcode "A" (The Philadelphia18 Administrative Code) of Title of The19 Philadelphia Code, by amending Section20 PM-102.0, entitled "Licensing," to21 provide for exemptions for certain vacant22 property uses; and by amending Section23 A-906 of Subcode "A," entitled "Property24 Maintenance Code Fees," to reduce the25 3 2/23/11 - L&I - BILL 1100841 license fees charged to own a vacant lot,2 vacant building or vacant wharf; all3 under certain terms and conditions.4
Thank5 you.6 The bill sponsor -- I'm going7 to recognize Councilman Darrell Clarke,8 the bill sponsor, for comments before we9 take testimony.10
Thank you,11 Madam Chair.12 Good morning. Madam Chair, I13 would just like to briefly state the14 purpose of the bill.15 As some people know, there was16 a bill introduced during the last year's17 budget season that escalated the license18 fee on vacant lots. That particular19 implementation of that license fee was20 also used to forward license fee increase21 notifications to individuals that had22 side yards.23 This particular bill clarifies24 the language as it relates to side yards.25 4 2/23/11 - L&I - BILL 1100841 Apparently, those individuals who had2 licensed side yards with -- being deeded3 to that particular individual were issued4 a license fee in error. The Code already5 prohibits a fee imposed on individuals6 who have side yards; i.e., contiguous to7 their particular properties. So this8 particular bill clarifies that.9 The other issue was the10 imposition of, as most people -- I think11 most would concur, is a relatively12 aggressive fee, that during the course of13 the fiscal year went from $50 to $750.14 There was an error as it related to the15 increase from 300 to 750,16 administratively an oversight. The17 original proposal called for an increase18 from 50 to 300. License and Inspection I19 assume is here today to testify as to the20 basis for the 300. This bill will delete21 the 750 number and bring it back to the22 original bill, which was 300.23 The general purpose of the24 imposition of a fee is twofold. One,25 5 2/23/11 - L&I - BILL 1100841 unfortunately, vacant lots throughout the2 City of Philadelphia, particularly those3 that are unkept, have created significant4 burdens on residential communities as it5 relates to being unkept, as it relates to6 the property values associated with those7 particular neighborhoods.8 The other issue is, whereas9 traditionally there is a request to have10 the City come out and issue a code11 violation, in the real world sometimes12 people simply can't wait for that owner13 to abate the nuisance, so the City has to14 incur a cost as it relates to abating the15 nuisance created by some of those vacant16 lots.17 And, thirdly, we would like to18 create an incentive for that individual19 to either sell or develop that lot to20 become a productive parcel within the21 City of Philadelphia.22 So I just wanted to briefly put23 that on the record, and I'd like to thank24 you for your indulgence on this25 6 2/23/11 - L&I - BILL 1100841 particular bill.2 Thank you, Madam Chair.3
Thank4 you, Councilman Clarke.5 We are going to start with Otis6 Haigler from the Administration, and then7 we have someone from HAPCO. If anybody8 else is here to testify on this bill,9 please report in, since we do not have10 you registered to testify for the bill.11 I also want to note that I will12 be presenting an amendment to this after13 the testimony.14 (Witness approached witness15 table.)16 COUNCILWOMAN SANCHEZ:17 Mr. Haigler.18
Good afternoon,19 Councilwoman Sanchez and members of the20 Committee. I am Otis Haigler, Jr.,21 Director of Legislative Affairs for the22 Department of Licenses and Inspections.23 Today, I'm here to provide testimony on24 Bill 110084, which, if enacted, will25 7 2/23/11 - L&I - BILL 1100841 amend The Administrative and Property2 Maintenance Codes related to vacant3 properties by lowering the fees charged4 for licensing from $750 to $300 and by5 amending the definition for such6 properties. In addition, the proposed7 bill further clarifies that side yards8 with common ownership to adjacent9 buildings are exempted from the10 requirements for licensing, and also the11 same applies to community gardens that12 are operated by a community group or13 association.14 Thank you for the opportunity15 to provide the Department's testimony,16 and I'll be happy to answer any17 questions.18
Does19 anyone have questions for Mr. Haigler?20 (No response.)21
Okay.22 If you want to remain with us while we23 take Mr. Zaslow's testimony, and then I24 have a Mr. David Johnson. So if you want25 8 2/23/11 - L&I - BILL 1100841 to get ready.2 For the record, as Mr. Zaslow3 comes forward, we have a letter from the4 Building Industry Association that has5 been distributed to my colleagues.6 (Witnesses approached witness7 table.)8
Good morning,9 Madam Chairwoman. My name is Darrell10 Zaslow. I am legal counsel to HAPCO, the11 Homeowners Association of Philadelphia.12 Sitting with me today is Victor Pinckney,13 Sr. Mr. Pinckney is the President of14 HAPCO. I would also like to acknowledge15 sitting with us Mr. Willlie Seward,16 Ms. Wanda Staples, Mr. Albert Smith and17 Mr. Robert Jackson, who are all here18 today and are all serving on the Board of19 Directors of the Homeowners Association20 of Philadelphia.21 Madam Chairwoman, one matter of22 procedure, if I may, and it's not23 contained in my testimony because it's24 just occurring here in this Chamber, and,25 9 2/23/11 - L&I - BILL 1100841 that is, I am constrained to suggest to2 the honored committee of Council that3 this Committee of Council is an agency of4 government for purposes of the Sunshine5 Law, and when the meeting starts a half6 an hour late because of your reasons,7 that is not a problem, but from the8 perspective of the public and those of us9 who are very much interested in this10 bill, to sit behind the sign that says we11 are not permitted to come forward beyond12 the bar and a member of the13 Administration who has testified on the14 bill is invited to speak with you with a15 quorum of this Committee present -- there16 was a quorum of your Committee present17 during the entirety of your18 off-the-record, private discussion about19 something. Not having been privy to it,20 I don't know what it was. I know that21 Mr. Haigler was there. If it's about22 personal matters having nothing to do23 with the government of our city, then24 please excuse my comments. If the25 10 2/23/11 - L&I - BILL 1100841 discussion being had by a quorum of this2 Committee in private, without the public3 being privy to it and without the4 reporter, who is sitting in the back5 taking down this testimony but not taking6 down your discussions, that is a7 violation of the Sunshine Law and is not8 permissible.9 I don't think I have to say10 anything more about that. I'm not11 looking to overburden your honored12 committee with nuances of procedural13 requirements, and yet that is a14 procedural requirement which I suggest to15 the Committee needs to be adhered to.16
14 We reminded the Committee at15 that time of the strict application of16 law, that license fees cannot be used as17 a revenue-generating measure. 24 We draw your attention to the25 12 2/23/11 - L&I - BILL 1100841 property tax increase of ten percent,2 which Council implemented. That's an3 enormous sum. 9 percent, we were10 not here protesting. We did not come to11 you and suggest to you that you don't12 have the power, because you do. You have13 the legal right to levy taxes as you see14 fit. 24 This bill before you today is a25 13 2/23/11 - L&I - BILL 1100841 different matter. 13 Now, you are probably aware14 that faced with Council's rejection of15 our insistence that you not have the16 power to increase the fee, the Homeowners17 Association of Philadelphia, HAPCO,18 together with approximately 20 other19 property owners, was left with no choice20 but to sue the City, and that's what we21 did. And you may be aware that the court22 has entered an injunction against your23 imposition of the $750 fee. Frankly,24 this court order is as much benefit to25 14 2/23/11 - L&I - BILL 1100841 you as a Council as it is to us, because2 the suggestion that perhaps the Mayor3 simply not collect the fee was probably4 legally untenable. 9 The fee, our suggestion to you10 is, needs to be set to where the fee was11 before the frantic rush to raise license12 fees was instituted. The fee at $300 is13 exorbitant, unjustified. 18 We suggest that the bill be19 amended to set the fee back to where it20 was and where it should be. A license21 fee of $50 is charged to obtain a housing22 license. The same piece of paper, the23 same application, it's the same document,24 should carry the same fee. It's one25 15 2/23/11 - L&I - BILL 1100841 piece of paper if a house is occupied or2 vacant. 15
Thank16 you.17 I don't know if the gentleman18 to your right has any testimony.19
Thank21 you.22 Will Mr. Dave Johnson please23 come forward.24 (Witness approached witness25 16 2/23/11 - L&I - BILL 1100841 table.)2 COUNCILWOMAN SANCHEZ:3 Mr. Johnson, proceed with your testimony.4 Please state your name for the record.5
Yes. Good6 afternoon, Madam Chair. My name is Dave7 Johnson and I'm here to represent my8 mother, Collee C. Johnson-McCloud,9 because she was the one that received the10 bill for the $750 for the license fee,11 and my argument parallels the gentleman12 that just spoke about the exorbitance of13 the inflation on that bill.14 I submitted a letter to Jannie15 Blackwell as well as the Chief Clerk16 stating that to me that was an act of17 extortion to go that high above --18
It's not a side21 lot. My mother owns the side lot. There22 is one vacant lot, then the next property23 my mother owns. So she cannot sneak in24 under the adjacent clause that was stated25 17 2/23/11 - L&I - BILL 1100841 here. So it's just if that bill is going2 to go in as it's stated, my mother would3 still be responsible for paying $750.4 Whereas, if it was amended to eliminate5 the exclusivity of only these people will6 have to pay, you know, that's basically7 what we're seeking, so that the bill, the8 fee itself, would be diminished at some9 level.10
I need a11 clarification from Otis.12 He has a lot next to his side13 lot. Would they be exempt under this14 amendment?15
At this point, my16 mother lives at 4243 Girard Avenue. 424517 Girard Avenue is the gift property that18 she owns as well. So that would be in19 the clause of the exemption because of20 dual ownership. However, there's a21 vacant property, 4247 Girard Avenue,22 that --23
Does she24 own it?25 18 2/23/11 - L&I - BILL 1100841
We're seeking to2 acquire that. However, adjacent to that3 is 4249, and she owns that. So that's4 out in the wind, no adjoining property5 next to it. So that's why this would be6 enforced upon us, and we're trying to7 just state an argument.8
For9 clarification, Otis, this falls in a lot10 that's not necessarily adjacent but is11 being taken care of.12 Does she have a garden in13 there? What does she have in there?14
That I don't19 believe so. That would require research20 on my part. But maintained, definitely.21
We are25 19 2/23/11 - L&I - BILL 1100841 going to reduce the fee to $300. What I2 would suggest to you is that if your3 mother is acquiring the one in the4 middle -- is that privately owned or is5 it through the City?6
I think it's7 owned through the City. Years ago it was8 owned by a Dan West, and we've pursued9 him to no avail. So we believe this --10
Because11 at some point, she has to add those lots12 to the deed so that she could be exempt.13 That's what's going to need to be done.14 But we're going to reduce the fee to 300.15 Unfortunately, it will not address the16 other issue, particularly if you're using17 it for parking without appropriate18 zoning.19
Thank24 you.25 20 2/23/11 - L&I - BILL 1100841 We are going to recess the2 public meeting and go into the public --3 the public hearing and go into the public4 meeting.5 Councilman Greenlee, can I get6 a motion on the amendment to Bill 110084?7
Thank8 you, Madam Chair. I move the adoption of9 the amendment to Bill No. 110084.10
Duly20 amended.21 Can I get a motion on the bill22 as amended with a suspension of the23 rules.24
Thank25 21 2/23/11 - L&I - BILL 1100841 you, Madam Chair. I move that Bill No.2 110084, as amended, be reported out of3 this Committee with a favorable4 recommendation and move further that the5 rules of Council be suspended to allow6 for first reading at our next session of7 Council.8 (Duly seconded.)9
Bill No.16 110084 will be moved out of Licenses and17 Inspection with a favorable18 recommendation and rules suspension for19 our next public session.20 Thank you very much. The21 Transportation Committee will be -- I22 mean the Public Safety Committee will be23 starting shortly.24 Thank you all.25 22 2/23/11 - L&I - BILL 1100841 (Committee on Licenses and2 Inspections concluded at 2:05 p.m.)3 - - -4 23 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 February 23, 2011, 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