COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON LAW AND GOVERNMENT - - - Room 400, City Hall Philadelphia, Pennsylvania Tuesday, October 20, 2009 1:10 p.m. - - - PRESENT: COUNCILMAN WILLIAM GREENLEE, CHAIR COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILMAN DARRELL CLARKE BILLS 090591, 090660, 090689 and 090626 - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2
Good afternoon, everybody. This is the Committee on Law and Government. For the record, we have a quorum: Councilman Goode, Councilman Green, Councilman Kelly and myself. Will Mr. Boyle, the Clerk of the Committee, please read Bill No. 10 090660.
Ordinance 090660, an ordinance amending Bill No. 080468-A, approved November 5, 2008, entitled "An ordinance amending Section 9-1103 of The Philadelphia Code, entitled 'Unlawful Employment Practices,' and enacting a new Chapter 9-3200, entitled 'Entitlement to Leave Due to Domestic or Sexual Violence,' to provide that certain employees may take unpaid leave from work to address domestic or sexual violence; 3 10/20/09 - LAW & GOV'T - BILL 090591, etc. all under certain terms and conditions," by making various technical amendments and by repealing the sunset provision.
Thank you. Just quickly, I just want to say this bill would make permanent what has been in existence for almost a year without any apparent problems. It gives the victims of domestic violence and stalking needed assistance and hopefully will make the tough decisions after making their lives easier. I want to thank the co-sponsors of this bill, Councilman Clarke, Councilman Green and Councilman Kenney, for their support and help, and certainly the advocate community for all they have done in making this what I hope in a couple weeks will be a permanent bill. Does this committee have any questions or comments? (No response.)
We just 4 10/20/09 - LAW & GOV'T - BILL 090591, etc. actually have a couple witnesses here. I'd like to call Rue Landau, Human Relations Commission, and Molly Callahan of Women Against Abuse. Please approach. (Witnesses approached witness table.)
Ms. Landau, you'll be the first one to testify, but I just want to again for the record thank you for all your help on working on this bill. Would you please identify yourself for the record and proceed.
Sure. Good afternoon, Councilman Greenlee and members of the Law and Government Committee. I am Rue Landau, Executive Director of the Philadelphia Commission on Human Relations, and I'm here today to testify in support of Bill No. 090660, 5 10/20/09 - LAW & GOV'T - BILL 090591, etc. which would amend Bill 080468-A by removing the one-year sunset provision, which expires in January 2010, and making this law permanent. Bill 080468-A amended Section 7 9-1103 of The Philadelphia Code, entitled "Unlawful Employment Practices" and created a new Chapter, entitled "Entitlement to Leave Due to Domestic or Sexual Violence." Specifically, this legislation provides that certain employees may take unpaid leave from work to address issues related to domestic or sexual violence. The Commission on Human Relations enforces the "Unfair Employment Practices" section of The Philadelphia Code, which is why I'm here testifying before you today. First, let me thank you for raising this very important issue. As you all may know with doing research on this bill, every year tens of thousands of cases of domestic and sexual violence 6 10/20/09 - LAW & GOV'T - BILL 090591, etc. are reported in Philadelphia. In fact, in 2008, the Philadelphia Police Department reported 137,913 incidents of domestic violence, and 11,082 protection from abuse orders were served. As I previously stated, this legislation allows victims or their family or household members to take unpaid leave from work to address issues related to the violence. It allows them to attend court hearings, secure new housing and address medical needs without the fear of losing their jobs. We want our workforce in Philadelphia to be safe and productive, and we want to protect our residents and communities from the devastating social effects of domestic and sexual violence, and this legislation seeks to accomplish those two goals. This concludes my testimony. I'd be happy to answer any questions if you have them.
Thank 7 10/20/09 - LAW & GOV'T - BILL 090591, etc. you. Please let the record show that Councilman DiCicco, also a member of this committee, is present. Any questions or comments for Ms. Landau? (No response.)
Thank you. And I'd also like to thank you, Councilman Greenlee and the Committee on Law and Government, for tackling this important issue. In the months immediately following --
Just for the record, identify yourself for the record.
Oh, I'm sorry. Molly Callahan, Legal Center Director at Women Against Abuse.
Thank 8 10/20/09 - LAW & GOV'T - BILL 090591, etc. you.
And we're testifying in strong support of the bill 5 as well.
In the months immediately following an incident of abuse, a victim often needs to miss a number of days of work to address the issues stemming from the abuse. These can include seeking medical attention, relocating, changing children's school and pursuing legal action. Since one of Women Against Abuse's primary services to victims is legal assistance, I will focus my comments today on the impact this ordinance has on the ability of victims to pursue legal action. When there is a criminal case, the victim may need to speak with a detective and will also need to appear in court a number of times. Often criminal cases are listed between three and ten 9 10/20/09 - LAW & GOV'T - BILL 090591, etc. times before completion. One defense strategy that we often see is having the case continued. The more that it is continued, the more likely the victim will be forced to drop out of the process, often because of pressures from work. Now, because of this ordinance, a victim does not have to choose between pursuing a criminal case and their employment. Repeat court visits are also the norm when a victim files for a protection from abuse order. In these cases, victims may have to go to court five or more times before the final order is in place. Additionally, to receive meaningful attorney representation, the victim will need to speak with an attorney prior to the court case, which also means time away from work. Women Against Abuse advocates and attorneys often work with victims who, without this ordinance, would be at risk of losing their jobs. Many of our 10 10/20/09 - LAW & GOV'T - BILL 090591, etc. clients have low-paying jobs that do not offer any time off. Prior to this legislation, clients were devastated to hear that a criminal or protection from abuse order case was continued. Clients would tell us that they could not come back to court and that if they missed any more time from their job, they would be fired. Before this ordinance, we understood they were faced with an impossible decision - lose their job or simply stop accessing the services that could keep them safe. Now clients can be empowered to pursue their cases and other strategies to stay safe. While it is still a great hardship for clients to take unpaid leave, it is much better than losing a job. Over the past year, we have witnessed time and again the relief that victims feel when they hear that they will not be fired for trying to keep themselves and their families safe. Although Women Against Abuse 11 10/20/09 - LAW & GOV'T - BILL 090591, etc. has seen many clients who are in need of the ordinance, we have not experienced or heard about problems or backlash. In some cases, the employer would give the victim time off regardless of the existence of the ordinance, but the victim would not feel comfortable asking for that time off without this safety net. In other cases, without this bill, the employer would refuse to excuse an absence and would fire the employee for taking time off. In all cases, the ordinance provides the measure of job security that victims need to stay safe. Based on our work with victims, we also know that family members sometimes need to take time off to help a victim. The family member may be a witness in a criminal or civil case or the family member may assist the victim in other ways, such as driving her to a doctor's appointment or going to court with her. We are pleased that this 12 10/20/09 - LAW & GOV'T - BILL 090591, etc. ordinance permits the employees to take time off to assist family and household members. This is consistent with the definition in the Protection from Abuse Act, and we know that victims sometimes rely on such relationships. The abuser may have isolated and alienated the victim from close family members, or because the abuser knows where the victim's parents and siblings live, it is not in fact safe for those relatives to help, and their help could actually jeopardize their own safety and that of the victim.
Rather, in those cases it is a relative who is more removed who is in the best position to help the victim move safely; for example, moving from one state to another. This ordinance allows a person to do this, and it frequently takes a variety of family members to assist the victim. Domestic violence is a complex, difficult problem. It takes everyone working together to stop the violence. 13 10/20/09 - LAW & GOV'T - BILL 090591, etc. This ordinance supports victims and supports those family members who are willing and able to reach out to help victims. Because of this bill, no one is left with the unconscionable choice of choosing between the job they depend on and their very safety. We want to thank you again for your work on this important issue.
Thank you, Ms. Callahan. First of all, for the record, I want to note that Councilman Kenney, who is Vice-Chair of the Committee, is also present. And at the hearing we had last year, there were some concerns raised about misuse of this ordinance. I just want to make sure I heard what you said. You have found no record or, Ms. Landau, have you found any record of any misuse by anyone dealing with this bill?
No, Councilman. We have not heard of any stories of that 14 10/20/09 - LAW & GOV'T - BILL 090591, etc. happening.
We haven't either. We haven't heard of many people using it either and we look forward to making sure that people know about it.
Thank you both. Just very quickly, I'd like Mr. Masters to come forward, because there'll be at the meeting a number of amendments offered and I just want to be clear. Mr. Masters, you don't have to go over every amendment. It's kind of explained on the top sheet, but there is sort of an unusual way that we kind of redid the total bill, and maybe for the record you could identify yourself and just kind of explain very briefly. I 15 10/20/09 - LAW & GOV'T - BILL 090591, etc. know it's difficult for lawyers, but very briefly explain why we did it this way.
Sure. Good afternoon, Councilman Greenlee. Steven Masters, staff attorney for City Council. In the amendment that Councilman Greenlee will be presenting to the Committee today, we basically first -- you'll notice that right under the designation for the amendment, we're striking all the sections of the bill and just substituting the text. That was done because of a drafting error that I committed when I first wrote the bill, in that I drafted it to amend the previous bill as opposed to amending the Code, and so to conform to the correct structure of how we do things around here, we struck all that language and reframed it as an amendment to the Code as opposed to amendment to a prior bill. That way it's really very clear what language we're adding or subtracting from the Code. And it was quite complicated the other way. 16 10/20/09 - LAW & GOV'T - BILL 090591, etc. So that explains the presence of that.
Thank you very much. And just I want to just publicly thank you. We've been through many meetings on this and many rewrites, and you, along with Kevin Boyle from my office, have really worked very hard on this and I appreciate it, and I think it will show fruition as the years go on. So thank you. Any questions? (No response.)
Thank you very much. Anybody here else to testify on this bill? (No response.)
Thank you. Seeing none, Mr. Boyle, will you please read Bill No. 090591 and also the accompanying resolution, please.
Ordinance 090591, an ordinance providing for the submission to the qualified electors of the City of 17 10/20/09 - LAW & GOV'T - BILL 090591, etc. Philadelphia of an amendment to the Philadelphia Home Rule Charter to revise the composition of the Zoning Board of Adjustment by designating the Commissioner of Licenses and Inspections as an alternate member of the Board who may replace any absent or disqualified appointed member; fixing the date of a special election for such purpose; prescribing the form of ballot questions to be voted on; and authorizing the appropriate officers to publish notice and to make arrangements for the special election.
Resolution 090626, resolution proposing an amendment to the Philadelphia Home Rule Charter to revise the composition of the Zoning Board of Adjustment by designating the Commissioner of Licenses and Inspections as an alternate member of the Board who may replace any absent or disqualified 18 10/20/09 - LAW & GOV'T - BILL 090591, etc. appointed member.
Thank you. First of all, any comment from members of the Committee? (No response.)
Councilman Clarke, I know this is your bill. Would you like to make any brief opening statement?
This one is mine. Not by request. Mr. Chairman, thank you. Real briefly, I just wanted to say that this bill grew out of a need to attempt -- to expedite the zoning process, and I want in no way to characterize the fine people that are currently on the Zoning Board on their hard work, and they do a good job, but we have consistently over a period of 19 10/20/09 - LAW & GOV'T - BILL 090591, etc. time been unable to establish quorums for various reasons, and what we're attempting to do is to ensure that we can limit the requirement for the quorum status and give the alternate. So that will further enhance our ability to establish quorums to move forward. I do understand that the Planning Commissioner/Commerce Director will be testifying on this bill, and I think he's going to also make some reference to some of the activities associated with the Zoning Code Commission. So I just want to thank you.
Thank you, Councilman. Any questions or comments for the Councilman? (No response.)
On my list here I guess for the Administration, Alan Greenberger. Commissioner Burns I think might come up with him. And anyone else? 20 10/20/09 - LAW & GOV'T - BILL 090591, etc. Ms. Johnston, are you going to be testifying?
Oh, you're on the other one, that's right. I'm sorry. Mr. Greenberger, Commissioner. I see Mr. Haigler approaching for support up there. Mr. Greenberger, you want to identify yourself for the record and proceed, please.
Yes. Thank you. Good afternoon, Councilman Greenlee and members of the Committee. I'm Alan Greenberger, the Executive Director of the City Planning Commission and, as referenced by Councilman Clarke, I'm also Deputy Mayor for Planning and Economic Development and head of the Commerce Department. I'm here to testify in support of Bill 090591 and Resolution 25 090626, which propose an amendment to the 21 10/20/09 - LAW & GOV'T - BILL 090591, etc. Home Rule Charter to revise the composition of the Zoning Board of Adjustment by designating the Commissioner of Licenses and Inspections, who is here with me, Commissioner Burns, as an alternate member of the Board who may replace any absent or disqualified member. These pieces of legislation have been introduced by Councilman Clarke to help the Zoning Board of Adjustment overcome problems of having a sufficient quorum. Such problems existed on several occasions this past August when several members were absent due to a variety of personal circumstances. As a result, some cases had to be continued that otherwise could have been resolved, creating frustration for some applicants. The proposed changes, which require Charter change, are reasonable and have the support of the Planning Commission. Council should be aware, however, that the Zoning Code Commission, 22 10/20/09 - LAW & GOV'T - BILL 090591, etc. of which I chair, is now considering other reform measures that may also require Charter change. These potential changes have not been fully developed. However, in the next several months, we should have a clearer understanding of them. We've suggested to Councilman Clarke and now suggest to this committee that it may be prudent to allow the Zoning Code Commission to make progress on these efforts over the next few months. If it appears that the Commission is prepared to recommend additional changes and they have the support of Council, we suggest that all of the changes, including the ones described in these proposed ordinances, be bundled together so that the voters can consider them as a package when it's placed on the May ballot. And to this end -- and I apologize, I'm veering from text here, because Councilman Clarke helped me understand that I had incorrectly labeled 23 10/20/09 - LAW & GOV'T - BILL 090591, etc. something. To this end, we recommend that the two bills be moved out of committee, but that they be held on the Calendar for the time being. During the next several months, we'll continue to coordinate with Councilman Clarke, who also sits on the Zoning Code Commission himself. This concludes my testimony. Thank you for your time. I'll be happy to answer any questions.
Thank you. Commissioner, are you going -- do you want to --
The benefit of waiting? The benefit of waiting is simply that if there are other measures 24 10/20/09 - LAW & GOV'T - BILL 090591, etc. that the Zoning Code Commission recommends and Council supports, we think it would be better to bundle all Charter changes issues related to the ZBA together.
There's actually another issue. There is the potential -- and with not knowing what those particular issues are relating to the Zoning Code Commission's recommendation, there's a potential that they may be the same subject matter of this particular Charter change. And my understanding under the Charter, that if it's the same subject matter, you can only change the Charter within a five-year period. So what we don't want to do is pass a bill and then a similar subject matter to the Zoning Board itself comes up and we have to wait for five years. 25 10/20/09 - LAW & GOV'T - BILL 090591, etc.
Do you expect that the Charter changes that may be necessary going forward will be ready in time for this piece of legislation to get on the ballot in a timely fashion? Because, I mean, Councilman DiCicco and I were discussing as to why we couldn't do this as Executive Order from the Mayor, and apparently you can't, but in order for it to be a Charter change, we still have this timeframe that we're going to potentially have this quorum problem.
Cannot. So there's going to be a period of time between now and the time it appears on the ballot. So there's going to be a delay of that period where you may have quorum problems again. 10/20/09 - LAW & GOV'T - BILL 090591, etc. Will the Zoning Commission Charter changes be ready in time for this to go on the ballot in a timely fashion?
It's the first order of business of the Zoning Code Commission to take on administrative procedures. So that's actually something that's being concentrated on in the next couple of months. The answer is, it might be ready, and we'll know in plenty of time for this to move forward if it's not.
Councilman Clarke, I mean, you've been dealing with this bill. What's the deadline to get this on the ballot, the next election?
What I've suggested to the Councilman is that we let it go no later than January, and if it doesn't look like the Zoning Code Commission has got something substantive to add, then move it ahead. 27 10/20/09 - LAW & GOV'T - BILL 090591, etc.
Actually, given -- I hate to bring this up. Let's move it up a little more, because we just experienced some concerns about getting something on the ballot and I don't want to replicate it.
But what you're telling me, though, if it's a Zoning Board or Zoning Code Charter change issue, we can only do it once in every five years.
Well, that's something we need some advice from the Law Department on, how to parse that, because the things that I'm thinking -- for example, what's not come up at the Zoning Code Commission is, for instance, the subject of these proposals. What has 28 10/20/09 - LAW & GOV'T - BILL 090591, etc. come up is whether there is an opportunity, for example, to deal with smaller matters through administrative action. But that's going to take Charter change.
But there's a possibility that the Zoning Commission Charter change needs will come after February.
Now, if we attempt to remedy this problem by passing something in January or February to get it on the spring ballot, you're not going to be able to get the Charter changes you need going forward.
If that's the case, that's a problem. It could be a problem.
So what we need to do is get an opinion from the Law Department about how do you parse the 29 10/20/09 - LAW & GOV'T - BILL 090591, etc. subject matter.
Well, since the problems happened in August, we have consistently had quorums, and actually the Zoning Board is moving ahead at a pretty decent pace these days. So so far, the problem hasn't recurred, in part because some of the personal circumstances haven't recurred.
I think Councilman Green had a point of information.
It was my understanding that the five-year rule only applies if the matter is defeated. So you run the risk that it would be defeated and then you couldn't do anything else for five years.
That's worth noting. 30 10/20/09 - LAW & GOV'T - BILL 090591, etc.
I just have one question myself on what you just said, Mr. Greenberger, about it seems to be working all right now, but there was a fairly long time, we got a lot of complaints -- I think most of our offices did -- about how long the delays were in -- they get continuances for six months and that kind of stuff, and developments, it's tough enough developing in the City.
We'll let some of the other people testifying talk about that. I will tell you, however, that there was maybe three weeks ago, I think you all had heard from some folks that there were continuances that were running through February. This was several weeks ago. There were no 21 continuances running through February. They were running through December. And I'm not going to tell you that all this speed is superb, but it was not anything like what was being reported. 31 10/20/09 - LAW & GOV'T - BILL 090591, etc.
Okay. Commissioner, were you going to testify or are you just -- COMMISSIONER BURNS: I don't have formal testimony.
No 8 problem. I think Councilman Green had some questions. Councilman.
Thank you. I'm just curious why the Administration is supporting this bill. Since the Charter in 1952 we've never had trouble getting a quorum on the Zoning Board, and since this Administration has come in, we've had trouble getting a quorum, and it seems to me that's a reflection of the people on the Zoning Board and their willingness to serve rather than having to change the rules or dumb down the rules or change the Charter, go to that extraordinary step. Can you sort of the explain this for me 32 10/20/09 - LAW & GOV'T - BILL 090591, etc. why --
We had, I think -- and you might want to correct me if I'm wrong about this. We had several instances in August where we didn't have sufficient quorum. In one case -- it was just sort of a bad confluence of circumstances. In one case a Board member's parent died. Another case a Board member has taken ill and in fact is on leave now. The third case was vacation related. So that already knocked the quorum down to three. So we had problems. You all heard about them. That's a bad confluence of circumstances that don't really --
But it's not like it was a one-time thing in August, though. There have been other times where you haven't been able to have a quorum; is that correct? 33 10/20/09 - LAW & GOV'T - BILL 090591, etc.
I'm aware of only the quorum problems in August, and there were several of them. It happened over a period of three weeks and it happened several times.
Commissioner, maybe for the record -- COMMISSIONER BURNS: I'm sorry. Fran Burns, Commissioner of Licenses and Inspections. I don't have any formal testimony, but here just in case there were direct questions I could help answer. August was the time period where we had the significant problem. I do know prior to August we did have a couple of occasions where we didn't have a quorum. I'd have to get those dates to know how many times. I don't think it was many, because it didn't rise to me 34 10/20/09 - LAW & GOV'T - BILL 090591, etc. until in August. But, yes, there were some instances.
That's okay. It just seems to me that maybe the problem is not with the Charter, but it's with the people who are serving on the Zoning Board aren't willing to spend their time to make the time commitment that that requires, because we've never had this problem before in the history of the City. So I just suggest that maybe that's the problem. So your solution is to reduce the quorum and not replace the members?
Well, it's -- that's right. I think the members have been quite earnest in their participation. I can't speak for the ones that I don't know about and why they weren't there. But they take this very seriously. I think they're doing a very good job. The pace has picked up. 35 10/20/09 - LAW & GOV'T - BILL 090591, etc. They're operating at about the speed they should be operating at.
The pace is similar to the pace that existed prior to 2008?
Commissioner, is that correct? I understand they did 90 a hearing back then and now we do about 45.
I was actually referring to the speed of taking on the cases. Sorry.
Okay. It's still taking a lot longer to get through the process, is it not, than it used to under the previous Administration, from beginning to end when you actually get your variance or approval? COMMISSIONER BURNS: I think that if -- I don't have those statistics in front of me in comparison, but because we have -- I think we all know how the 36 10/20/09 - LAW & GOV'T - BILL 090591, etc. economy has been. Since we've had less zoning permits come in to L&I, there's been less cases in front of the Zoning Board of Adjustment. So, therefore, I think if we made a comparison between our time now compared to two years ago, at this point in time it would look, I think, very much similar, but I think that --
But with half as many cases. COMMISSIONER BURNS: Twenty-five percent less.
Twenty-five percent less cases. COMMISSIONER BURNS: Yes.
Well, if you could just provide to the Chair the information about how many cases on average they sort of saw for 2008 and then year to date 2009 and compare that to 2007 for us.
Be happy to. I would also like to give you some 37 10/20/09 - LAW & GOV'T - BILL 090591, etc. statistics on how they've been doing since the quorum problem, because the speed has really picked up.
That's great. I hate that we have to change the Charter for something that worked since 1952 because we can't seem to get it together. Thank you.
Thank you. Councilman DiCicco. COUNCILMAN DiCICCO: Not to belabor the point. Councilman Green covered a lot of the questions. It's my understanding that they limit the number of cases that are heard on any given day.
That had been happening. That's not happening at this point. That had been happening and -- COUNCILMAN DiCICCO: How recent has that changed?
Excuse me. Say again. 38 10/20/09 - LAW & GOV'T - BILL 090591, etc. COUNCILMAN DiCICCO: How recent has that --
Since Labor Day. The number of cases they're handling per session has gone up. COUNCILMAN DiCICCO: Do you know what that number is now?
No. Sorry. I don't have the number on the top of my head. I do know -- COUNCILMAN DiCICCO: Do you know what it was before they changed?
Do you know, Fran? COMMISSIONER BURNS: No. We can get the exact number. COUNCILMAN DiCICCO: Ten to 15 cases.
They're doing more than that. I mean, I had a report from just, I think it was, a week and a half ago where they cleared cases in 24 an afternoon. 25 COUNCILMAN DiCICCO: Well, 39 10/20/09 - LAW & GOV'T - BILL 090591, etc. that's now.
Yeah, yeah, it's now. COUNCILMAN DiCICCO: We've moved away from that --
I think there's a different -- I would characterize it this way: I think there's a different procedure in place for taking testimony. They're being more scrupulous about limiting testimony time. I think the Chair is just being tougher on it, and I think that's helping the speed. COUNCILMAN DiCICCO: And do you know whether or not the length of time when a continuance is being made how that would compare to 2007, 2008? I mean, again, we hear February or six months out. I don't know if that's accurate or not.
It's not accurate. At the time the question was -- at the time the February statement 40 10/20/09 - LAW & GOV'T - BILL 090591, etc. was made, continuances were out as far as the beginning of December. So that's from mid September. So there was a three-month continuance on some instances. What we understand now is that they're running, for accelerated cases, they're running at about six weeks, and for regular cases they're running at about 12. We'd like to see that come down some, but in the history of the Zoning Board, it's not much better than that. COUNCILMAN DiCICCO: And I agree that depending on the circumstance of the case and why it's continued could be longer or shorter. Thank you.
If I could add one other thing, Councilman. The other thing that we're aware of, this was as of, I think, last week, there were 56 continuances out there, two-thirds of which were related to missing information 41 10/20/09 - LAW & GOV'T - BILL 090591, etc. from the applicants. COUNCILMAN DiCICCO: Thank you. Thank you.
Thank you. Well, I want to commend the work L&I is doing with respect to that very issue, because once all of the forms are electronic and they have to be submitted with drop-down menus, the people will not be able to submit incomplete applications, and then hopefully that will create tremendous efficiencies in the process. So thank you for your work there.
Any other questions or comments for these two witnesses? (No response.)
Thank you 42 10/20/09 - LAW & GOV'T - BILL 090591, etc. both very much.
I have on my list Mr. Sherman and the Building Industry Association or whoever else might be testifying with them. (Witnesses approached witness table.)
Good afternoon, gentlemen. Mr. Sherman, we have your testimony. You don't necessarily have to read the whole thing. It will be made part of the record. If you'd just like to paraphrase.
I'd like to thank Councilman Clarke for introducing the 43 10/20/09 - LAW & GOV'T - BILL 090591, etc. legislation. We did submit our testimony.
I do want to introduce you to a gentleman you're going to be seeing in my stead starting next year. He's the incoming President of the BIA, David Pearlman. So I just wanted to --
He's now going to be coming to these hearings and getting to know everybody.
It's a good thing. Well, from my perspective, it's a good thing. That being said, we are in support of this legislation. And rather than regurgitate a lot of the testimony that's been given already, a couple of the key points here that are possibly a 44 10/20/09 - LAW & GOV'T - BILL 090591, etc. little different than what's been said before is, the BIA is looking at the whole situation as even though the economy is slow right now and we have the Zoning Code Commission reforming the Zoning Code so that hopefully by doing those reforms, the volume of cases coming before ZBA are reduced, in the interim, with this economy and lending the way it is, transparency, predictability and some form of efficiency is highly prized right now as far as getting projects financed. And I wanted to refer to one of the paragraphs where it talks about the BIA makes a suggestion that if fees were increased for accelerated reviews, the ZBA could then fund an attorney, independent of the City, to sit and give opinion and give guidance to the Commissioners as they think through some of the more complicated cases. Also, setting up a fund, some type of insurance fund, that gives some protection against an appeal or a lawsuit that may come as a 45 10/20/09 - LAW & GOV'T - BILL 090591, etc. result of someone disagreeing with the ZBA's decision that was granted to the developer that would kind of inoculate the development community from frivolous lawsuits that may be filed. And with that, I just want to thank again Councilman Clarke and I want to thank Councilman Greenlee for allowing me to testify. We're in favor of this, and I'd like to thank all of you. If you have any questions, we're here.
Thank you. Any questions for Mr. Sherman? Councilman Kelly.
Yeah. Mr. Sherman, I know where you're coming from, because I've heard the same complaints by a lot of different businessmen and contractors and whatnot, and anything -- of course, as being one of the sponsors of this bill, anything that's going to improve the speed and the slow pace of bureaucracy I think is well 46 10/20/09 - LAW & GOV'T - BILL 090591, etc. warranted at this time, and I just wanted to thank you for your comments.
Thank you for all the work you do in many fields, including the former field as the committee person in the 15th Ward, 17th Division. Thank you.
Thank you both. Anybody else who wishes to testify on this bill? (No response.)
Seeing none, Mr. Boyle, will you please read the final bill, Bill No. 090689.
Ordinance 090689, an ordinance amending Chapter 21-1700 of The Philadelphia Code, entitled "Publication of Notices By City," by providing that those provisions currently set to lapse on October 31, 2009 shall 47 10/20/09 - LAW & GOV'T - BILL 090591, etc. instead lapse at a later date specified herein, all under certain terms and conditions.
Thank you. Councilman Clarke, did you want to say anything on this bill?
Yeah. Thank you, Mr. Chairman. Basically as indicated by the Clerk, this bill 12 essentially extends the existing provision that requires that Council -- the rules associated with advertisement in the event that is only one paid newspaper, Council will be in a position to adopt advertisement, be it ordinances or regulations, for the one newspaper. There is actually an amendment that I believe Mr. Carter just passed around. That amendment will actually change the date. I think the earlier version had January. Mr. Auerbach suggested that -- Mr. Hal Fichandler suggested that we move that back to 48 10/20/09 - LAW & GOV'T - BILL 090591, etc. February. So, therefore, it gives Council, after coming off the winter recess, an opportunity to introduce and pass a bill for purposes of advertisement. So it gives us a month leeway. So I would ask for a member of the Committee to please adopt that amendment.
Absolutely. Thank you. Any questions for Councilman Clarke? (No response.)
Ms. Johnston, I think you were -- I got you right this time. You're going to testify on this bill?
Please identify yourself for the record and proceed. 49 10/20/09 - LAW & GOV'T - BILL 090591, etc.
Yes. Good afternoon, Chairperson Greenlee and members of the Committee. My name is Martha Johnston and I'm a Senior Attorney in the Appeals and Legislation Unit of the City Solicitor's Office. I am here to offer testimony on behalf of the Administration in support of Bill No. 10 090689. You have a copy of my testimony, which is brief, but basically I testified in support of the prior bill 14 and noted that it would not implement any changes in the current advertising requirements unless the situation should change as far as the number of paid newspapers -- newspapers with paid circulation publishing in the City and would just extend the deadline of the prior bill effectiveness to January 31. And now I understand the amendment would push it out until the end of February, which I believe the Administration would also support. And because the bill would 50 10/20/09 - LAW & GOV'T - BILL 090591, etc. allow government operations to continue even if it became impossible to comply with current Charter advertising requirements, the Administration would support the bill. And I'll be happy to answer any questions if members of the Committee have any.
Thank you. Any questions for Ms. Johnston? (No response.)
Anyone else here to testify on this bill? (No response.)
Seeing none, that will conclude the public hearing of the Committee on Law and Government. We will now go into our public meeting. In the order the bills were taken, I would ask Councilman Goode to 51 10/20/09 - LAW & GOV'T - BILL 090591, etc. make a motion on the amendment for Bill 3 No. 090660, please.
Thank you, Mr. Chairman. I move the amendments to Bill No. 090660 be approved. (Duly seconded.)
Seeing none, the amendments are adopted. Councilman Goode.
Thank you, Mr. Chairman. I move that Bill No. 18 090660, as amended, be reported out of Committee with a favorable recommendation and the rules of Council be suspended so as to permit first reading at our next Council session. (Duly seconded.)
It's been moved and seconded. 52 10/20/09 - LAW & GOV'T - BILL 090591, etc. All in favor please say aye. (Aye.)
Seeing none, Bill No. 090660, as amended, has been reported out of this committee with a favorable recommendation and the rules of Council be suspended to allow for first reading at our next session of Council. Councilman DiCicco, do you have a motion on Bill No. 090591, please. COUNCILMAN DiCICCO: I move that Bill No. 090591 be reported out of this committee with a favorable recommendation and that the rules of Council be suspended so as to permit first reading at our next session of City Council. (Duly seconded.)
Councilman Green. 53 10/20/09 - LAW & GOV'T - BILL 090591, etc.
Thank you. I am going to reluctantly vote for this bill, but I'd like to point out to the Administration that when someone works for me or on my staff that doesn't perform their duty, I don't change the rules so that they don't have to do as much work. I replace them. And it's disappointing that we're changing the rules so that we can accommodate people who aren't working as hard as previous Zoning Board members. Thank you.
The bill 20 has been moved and seconded. All in favor please say aye. (Aye.)
Seeing 54 10/20/09 - LAW & GOV'T - BILL 090591, etc. none, Bill No. 090591 has been reported out of this committee with a favorable recommendation and the rules of Council suspended to allow for first reading at the next session of Council. Councilman DiCicco, a motion, please, on Bill No -- I'm sorry; Resolution No. 090626. COUNCILMAN DiCICCO: I move that Resolution No. 090626 be reported out of this committee with a favorable recommendation. (Duly seconded.)
It's been moved and seconded. All in favor please say aye. (Aye.)
Seeing none, Resolution 090626 is reported out of this committee with a favorable recommendation. Finally, Councilman Goode 55 10/20/09 - LAW & GOV'T - BILL 090591, etc. again, can I have a motion on the amendment for Bill No. 090689, please.
Thank you, Mr. Chairman. I move the amendment to Bill No. 090689 be approved. (Duly seconded.)
It's been moved and seconded for approval of the amendment. All in favor please say aye. (Aye.)
Seeing none, the amendment is approved. Councilman Goode.
Thank you, Mr. Chairman. I move that Bill No. 21 090689, as amended, be reported out of committee with a favorable recommendation and the rules of Council be suspended to permit first reading at our next Council session. 56 10/20/09 - LAW & GOV'T - BILL 090591, etc. (Duly seconded.)
It's been moved and seconded. All in favor please say aye. (Aye.)
Seeing none, Bill No. 090689, as amended, has been reported out of this committee with a favorable recommendation and the rules of Council suspended to allow for first reading at our next session of Council. That concludes the business of the Law and Government Committee. Thank you all very much. (Committee on Law and Government concluded at 1:50 p.m.) - - - 57 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on October 20, 2009, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)