I didn't question you about a fence. Sure, there's times when people need swimming pools for medical reasons.
Sure. But in most cases people have a swimming pool and it's considered a luxury. You don't think a person that spends many, many thousands of dollars to put a swimming pool should owe taxes?
I'm saying with 146 2/9/10 - RULES - BILL 090704, etc. regard to the Zoning Code, I think that there are -- and I'm sure you've heard it from other people -- that there are other ways for you to obtain the goal you're achieving, but you also already have a provision at 9-102(9) of the Code that says no permit shall be issued if you owe any kind of City -- or license. And if you want to change it so it says -- I will give you that my read of it says it limits it to a business. So if you want to add it for anybody to make it universal, make it universal, but I think you've already got the provision.
You weren't here when many of my colleagues pointed out the problem with giving someone a zoning variance, and I heard Councilman Kenney, I heard Councilman Clarke, but there are times once the person gets a variance, they are very happy with that piece of paper, don't do a thing and sell it for a big, big profit, and that isn't fair. 147 2/9/10 - RULES - BILL 090704, etc.
Variances last for a year, and if you don't do anything, they expire. A lot of what's happening is, you get a lot of people who get a variance and then don't have the financial wherewithal or don't have the ability or -- in this market, we don't have to highlight what's happening in this market, because I know the state legislature is on the verge of extending the life of permits through legislation statewide. But you have situations where people don't go forward. What's happening in this town is that if you want to have -- if you have something where you want to consolidate a lot, if a homeowner were to buy the next-door lot because, one, he doesn't want to see some other kind of development -- I know if that's a luxury -- and maybe they want to use next door as a garden -- and that may be a luxury too, Councilman.
For a swimming pool. 148 2/9/10 - RULES - BILL 090704, etc.
But what happens with those people is, they do that, and now maybe with the Zoning -- not the Zoning Board, but this whole computer system tells them they have to go consolidate the lots. Okay. To consolidate the lots, you've got to go to the surveyor or the City surveyor or a public surveyor, pay for a survey, do all that, and then even if you don't go through with the purchase, they've compelled you to survey, consolidate the lots and file a deed or at least show that you're ready to file a deed and do all those things because the computer system is directing it. So what I'm saying to you is, there are a lot -- you have to get into this whole system to understand what's going on down at ground level. And I don't mean just for the big bad big developer. I'm just talking about even the little homeowner. And that's what I'm worried about what you're doing here. 149 2/9/10 - RULES - BILL 090704, etc.
Real quick. Thank you. I don't know, Mr. Pollock, why you keep talking about the big bad developer. I know you only walked in here a few minutes ago. Nobody is saying anything about big bad developers. All we're trying to get is to see if people could pay their taxes. We're not bashing developers or developments. I don't know why you keep saying that. Just one question. It's a similar question I asked of Mr. Glancey. You said that there is no such law anywhere else in the state. It doesn't necessarily mean it's wrong, does it?
Correct. But it doesn't mean it's wrong. So 150 2/9/10 - RULES - BILL 090704, etc. there's nothing you can say -- I mean, you can have your opinion, but there's nothing on record saying that what this bill is proposing is illegal, right?
No, but I had my opinion about 14-1807(1) about who is aggrieved and who has standing, and we finally -- it took us about five, six years, but we got up to the Supreme Court of Pennsylvania. So, I mean -- but I don't want to see us put that kind of a burden on individuals and people that we just say, who cares what -- we passed them and then it's up to somebody else to take the challenge. I mean, I understand where the problem is, you know, and far be it from me to say that somebody doesn't owe their taxes. Death and taxes, as they say, are the two certainties in our life. And so I want to help and want to see us do something that gets revenue into the City, gets people to live up to their 151 2/9/10 - RULES - BILL 090704, etc. obligations, but I don't think that this is the way to do it.
Seeing none, anyone else to testify on the bill? (No response.)
I'm glad everyone hung in there and had their say. This will now end the public hearing of the Committee on Rules. We will now convene a public meeting. The Chair recognizes Councilman Greenlee for a motion to amend Bill No. 24 090704.
Thank 152 2/9/10 - RULES - BILL 090704, etc. you, Mr. Chairman. I move the adoption of the amendment of Bill 090704. (Duly seconded.)
There are none opposed. Now I will recognize Councilman Greenlee for a motion on the amended bill.
Thank you, Mr. Chairman. I move that Bill No. 16 090704, as amended, be reported out of this Committee with a favorable recommendation and move further the rules of Council be suspended to allow for first reading at our next session of Council. (Duly seconded.)
It's been moved and seconded. All in favor? 153 2/9/10 - RULES - BILL 090704, etc. (Aye.)
There are none opposed. Bill No. 090704, as amended, will be reported out of this Committee favorably, with a request made for rules suspension to allow for first reading at our next Council session. The Chair recognizes Councilman Goode for a motion to approve the amendment to 090927.
Thank you, Mr. Chairman. I move that the amendment to Bill No. 090927 be approved. (Duly seconded.)
There are none opposed. Bill No. 090927 will be amended accordingly. The Chair recognizes Councilmember Miller for a motion on the amended Bill 090927. 154 2/9/10 - RULES - BILL 090704, etc.
I move that 090927 be reported out of this Committee favorably as amended and a request for the rules of Council to be suspended. (Duly seconded.)
Bill No. 13 090972, as amended, will be reported out of this Committee favorably and a request made for rules suspension to allow for first reading at our next Council session. The Chair now recognizes Councilmember Clarke for the purpose of offering an amendment to Bill No. 090852 with an explanation.
Thank you, Mr. Chairman. First, before I make the motion, I'd like to note that in this particular amendment, there is an 155 2/9/10 - RULES - BILL 090704, etc. effective date that has been listed as January the 1st, 2011. I think that gives adequate time to address the numerous concerns that have been brought up today, make any improvements, if necessary. I think a number of us have some issues that we need to resolve, particularly as it relates to the ability to enforce such legislation and looking at all the other issues that have been brought up. So with that, Mr. Chair, I move that the amendment to Bill No. 090852 be approved. (Duly seconded.)
There are none opposed. Bill No. 090852 will be amended accordingly. The Chair recognizes Councilmember Clarke for a motion on the 156 2/9/10 - RULES - BILL 090704, etc. amended bill.
Thank you, Mr. Chair. I move that Bill No. 090852, as amended, be reported out of Committee with a favorable recommendation, request for rules suspension as to allow reading at the next session of Council. (Duly seconded.)
There are none opposed. Bill No. 090852, as amended, will be reported out of this Committee favorably and a request made for rules suspension to allow first reading at our next Council session. Thank you very much for your attendance. (Committee on Rules concluded at 12:30 p.m.) - - - 157 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 February 9, 2010, 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.)