No, not in other 59 04/06/04 - STREETS - BILL 040271 locations, but we're going to make sure we check on that as well.
I was in New York, and I guess New York is comparable, and an L&I person was coming around, and I couldn't believe how everybody was pulling down their grates and people running with their carts because they didn't want their materials and goods confiscated. Okay, thank you.
I just want to follow up on that, not to beat a dead horse, but if I am a vendor and I am selling hats, gloves, scarves today. And come June, obviously people aren't buying those products, I can sell different types of goods?
Because I thought I heard you say earlier that when they were given the license, they agreed to sell certain products. Did I misunderstand that.
No, you didn't. What we did was when we did our survey, we 60 04/06/04 - STREETS - BILL 040271 inspected both operations and made sure that there weren't in conflict. The only way to really enforce this is that we would have to some responsibility on the vendors to notify us of a change in what they're going to sell as far as merchandize to make sure that still remain not in conflict with the business operator because if we get a complaint about, we're going to inspect to determine what the problems are. And if it is found that there is a conflict now based on the fact that the only thing that's changed is the vendor selling their goods now comes into conflict with the business operations, then we're going to have to address that issue maybe in the way of a violation, maybe in the way explaining to vendor again that your license for the location based on the fact that you were in compliance at the time that you were issued a license.
So that same vendor sells the scarves, gloves and hats and whatever who is maybe Vendor No. 12 -- I don't know if you do it by number or letter -- it's 61 04/06/04 - STREETS - BILL 040271 my responsibility as the vendor to notify L&I that in June I'm going to be selling different products?
I would say yes, because that's the only way I believe we're going to be able to deal with this issue. We're not going to be able to go back and forth to --
I know. I'm certainly not being critical. I'm just trying to --
It can be some sort of a little bit of a nightmare out there for everybody.
Because hats gloves and scarves are seasonal items. So when you go and apply for your vending license, is there a question that says or is there a space you could write that I'm a vendor that sells seasonal goods. In the winter I sell hats; in the summer I sell T-shirts as an example? Otherwise, they would 62 04/06/04 - STREETS - BILL 040271 have to keep coming to you each time they decide to change, right?
If you have a broader list of potential items that you will sell, although in the wintertime you'll the hats, gloves, and scarves, knowing full well come summer you want to sell T-shirts and other things that are seasonal, you would have a broader list of things, understanding throughout the 12-month process you will sell these items throughout that time, not necessarily all concurrent but at a particular time in a season. That would seem to me to cover everything.
As long as nothing on that list was in conflict with the abutting business owner. As opposed to you every time there's a change of season he has to come and you have to amend your regulations. Most of these vendors tend to 63 04/06/04 - STREETS - BILL 040271 know what they're going to be selling throughout the course of the year. So if they could just have a broader context of what it is they'll be selling throughout the year's period, therefore not requiring them coming back.
That's a good point, and I agree with that. And at the time that they submit for their license along with their application they can submit that list along with their application. Now, they're going to be pretty much held to whatever's on that list at the time that they submit their application.
Right. So it would be a lot easier, I think, for everybody.
The question was, if they're not in conflict with the abutting property, why are they held to the items on the particular list? What I thought I heard you say earlier would better enable you to enforce 64 04/06/04 - STREETS - BILL 040271 what they were authorized to sell at the time of the license.
Exactly. Because at the time they were licensed they were approved based on an inspection that was done of both the vending operation as well as the business operation. That was only way to give them that approval. So we would have no way of knowing when conflicts would arise so we have to hold them to some sort of standard that we have to indicate that you provided us with information and this is the information that you provided us to get your license approved, and that's the only way we can hold them to something that says that this what we approved your license based on. We have would have no 18 way of knowing when something might change other than somebody letting us know that.
So if you did a broader, more comprehensive list, therefore, not requiring they come back. Because most of these guys -- I'm assuming because I've never been a vendor, but I'm assuming most of them know what's going to go sell and when it's 65 04/06/04 - STREETS - BILL 040271 going to sell, so if you just incorporate that into the list, there would be need to come back.
Mr. Haigler, I'm going to take advantage of the record and ask you to give me an update on where we are with dumpster legislation, at least L&I's participation in that.
Last I recall, this is something that the Streets Department Commissioner had the -- let me make sure I'm correct because you're kind of throwing me off now because this has been a while. But the Streets Department's been reviewing, I believe, the regulation or something that the Streets Department is reviewing on this issue. I don't want to be precise. My memory is kind of fuzzy right now on that.
Could you get back to me on L&I piece of it that you're prepared to roll this out? Because I was told this would be done by last year, and it's now 66 04/06/04 - STREETS - BILL 040271 the's the fourth month of this year and we still don't have that ordinance in effect. So I'd appreciate --
You have an ordinance. I think it's the regulation or something -- but I will definitely check on your issue and I definitely will get back to you on that.
Thank you, sir, for being patient. Please identify yourself for the record and proceed with your testimony.
Good morning. My name is Manuel Delgado. I'm the Assistant Director of Housing and Development for APM. Forgive me for not having an opportunity to fully read the amendment or the change in the ordinance. But I saw it this morning and just thought, is now an appropriate time? I saw the boundaries being up to York Street, and APM has a development plan has developed a commercial corridor with the Gateway Plaza, the Cousin Supermarket there. And it is an appropriate 67 04/06/04 - STREETS - BILL 040271 time now to come forward and ask that the district extend not only to York Street but down to Berks Street.
Is your request to authorize extension to accommodate the shopping center? You would like to have vending throughout that corridor?
It would be the shopping center, but also the gap that exists currently between the shopping center and York Street. We are planning a commercial development along that corridor, so is now an appropriate time to introduce this legislation or should we come back later?
I'm actually not sure that there is a prohibition on vending in that particular portion of the avenue. Because this particular ordinance was amending a prior ordinance that was done some 15, 20 years ago where there was a prohibition placed on vending from York to Butler. So it could very well be that from York south that there 68 04/06/04 - STREETS - BILL 040271 could be authorized vending locations. Mr. Haigler. This particular ordinance changes an ordinance that was done some time ago that prohibited vending on that particular corridor. Now we're authorizing it but regulating the location and the types of operations. So I'm not sure that if there is prohibition on vending south of York.
As far as I know, there isn't unless there's something under Section 9-205 that prohibits a specific street locates or street area. As you are aware, Council from time to time does amend 9-205 of the Philadelphia Code, and they're approximately close to 400 locations that are prohibited under 9-205 of the Philadelphia Code. So I am not aware of any specific area within that area that might be prohibited now.
When you get chance, can you just check? In the event that there is the need to extend it, we can do it on a final reading on this particular bill.
I don't know if you 69 04/06/04 - STREETS - BILL 040271 could do it on this one because the title.
If in fact you are going encourage vending, you may want to look at doing something like this so you can regulate it. Because what we don't want to do is open up a can of worms and encourage vending, and a year later come to me and ask me, "Please, Councilman, put in a bill to get these guys off the street. They're not properly regulated are the operating on the streets." So I may want to look at that.
Any other questions for these witnesses from the Committee? (No response.)
Anyone else here who wishes to testify for or against the bill? (No response.)
Seeing none, this concludes the public hearing on the Committee on Streets and services. - - - - 70 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING COMMITTEE ON STREETS AND SERVICES - - - - Tuesday, April 6, 2004 - - - - Public meeting conducted by the Committee on Streets and Services, held in Room 400, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILLS 040028, 040112, 040135, 040150, 040151, 040158, 040185, 040186, 040188, 040208, 040209, 040264, 040266, 040271. PRESENT: COUNCILMAN FRANK DICICCO, Chair COUNCILMAN JUAN RAMOS COUNCILMAN FRANK RIZZO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL NUTTER COUNCILMAN DARRELL CLARKE 71 04/06/04 - STREETS - PUBLIC MEETING
We will now go into the public meeting. The Chair recognizes Ramos for reporting those bills out of this Committee.
Mr. Chairman, is there a request for a suspension of the rules?
I move that Bill 10 No. 040185 be reported from Committee with a favorable recommendation with a request that rules of Council be suspended to allow the first reading of this bill at our next meeting of council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 18 040185 be reported out of this Committee with a favorable recommendation, and a further recommendation that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.)
Those opposed? 72 04/06/04 - STREETS - PUBLIC MEETING (No response.)
I move that Bill 7 No. 040186 be reported from Committee with a favorable recommendation with a request that Rules of Council be suspended to allow the first reading of this bill at our next meeting of Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 15 040186 be reported out of this Committee with a favorable recommendation, and a further recommendation that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.)
The bill is approved. 73 04/06/04 - STREETS - PUBLIC MEETING Councilman Ramos.
I move that Bill 4 No. 040209 be reported from Committee with a favorable recommendation with a request that Rules of Council be suspended to allow the first reading of this bill at our next meeting of Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 12 040209 be reported out of this Committee with a favorable recommendation, and a further recommendation that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.)
I move that Bill 25 No. 040028 be reported from Committee with a 74 04/06/04 - STREETS - PUBLIC MEETING favorable recommendation with a request that Rules of Council be suspended to allow the first reading of this bill at our next meeting of Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 9 040028 be reported out of this Committee with a favorable recommendation, and a further recommendation that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.)
I move that Bill 22 No. 040150 be reported from Committee with a favorable recommendation with a request that Rules of Council be suspended to allow the first reading of this bill at our next meeting 75 04/06/04 - STREETS - PUBLIC MEETING of Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 6 040150 be reported out of this Committee with a favorable recommendation, and a further recommendation that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.)
I move that Bill 19 No. 040188 be reported from Committee with a favorable recommendation with a request that Rules of Council be suspended to allow the first reading of this bill at our next meeting of Council. (Duly seconded.)
It's been 76 04/06/04 - STREETS - PUBLIC MEETING properly moved and seconded that Bill No. 3 040188 be reported out of this Committee with a favorable recommendation, and a further recommendation that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.)
I move that Bill 16 No. 040208 be reported from Committee with a favorable recommendation with a request that Rules of Council be suspended to allow the first reading of this bill at our next meeting of Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 24 040208 be reported out of this Committee with a favorable recommendation, and a further 77 04/06/04 - STREETS - PUBLIC MEETING recommendation that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.)
I move that Bill 13 No. 040135 be reported from Committee with a favorable recommendation with a request that Rules of Council be suspended to allow the first reading of this bill at our next meeting of Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 21 040135 be reported out of this Committee with a favorable recommendation, and a further recommendation that the Rules of Council be suspended. All those in favor, signify by 78 04/06/04 - STREETS - PUBLIC MEETING saying aye. (Aye.)
I move that Bill 10 No. 040158 be reported from Committee with a favorable recommendation with a request that Rules of Council be suspended to allow the first reading of this bill at our next meeting of Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 18 040158 be reported out of this Committee with a favorable recommendation, and a further recommendation that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.)
Those opposed? 79 04/06/04 - STREETS - PUBLIC MEETING (No response.)
I move that Bill 7 No. 040264 be reported from Committee with a favorable recommendation with a request that Rules of Council be suspended to allow the first reading of this bill at our next meeting of Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 15 040264 be reported out of this Committee with a favorable recommendation, and a further recommendation that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.)
The bill is approved. 80 04/06/04 - STREETS - PUBLIC MEETING Councilman Ramos.
I move that Bill 4 No. 040266 be reported from Committee with a favorable recommendation with a request that Rules of Council be suspended to allow the first reading of this bill at our next meeting of Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 12 040266 be reported out of this Committee with a favorable recommendation, and a further recommendation that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.)
I move that Bill 25 No. 040112 be reported from Committee with a 81 04/06/04 - STREETS - PUBLIC MEETING favorable recommendation with a request that Rules of Council be suspended to allow the first reading of this bill at our next meeting of Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 9 040112 be reported out of this Committee with a favorable recommendation, and a further recommendation that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.)
I move that Bill 22 No. 040151 be reported from Committee with a favorable recommendation with a request that Rules of Council be suspended to allow the first reading of this bill at our next meeting 82 04/06/04 - STREETS - PUBLIC MEETING of Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 6 040151 be reported out of this Committee with a favorable recommendation, and a further recommendation that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.)
I move that Bill 19 No. 040271 be reported from Committee with a favorable recommendation with a request that Rules of Council be suspended to allow the first reading of this bill at our next meeting of Council. (Duly seconded.)
It's been 83 04/06/04 - STREETS - PUBLIC MEETING properly moved and seconded that Bill No. 3 040271 be reported out of this Committee with a favorable recommendation, and a further recommendation that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.)
The bill is approved. This concludes the public meeting on the Committee on Streets and Services, and I thank all Committee Members, including our newest member, Councilman Nutter, for attending this meeting today. Thank you. (Council adjourned at 11:30 a.m.) - - - - 84 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 April 6, 2004, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE ON STREETS AND SERVICES _________________________ Lisa C. Bradley, RPR