Anyone else here to testify for or against this bill? 70 5/30/02 STREETS & SERVICES, BILL 020049 (No response.)
Seeing none, the clerk will read the title of the next bill.
Bill No. 020049, an ordinance amending an ordinance approved January 3, 1992 (Bill No. 1205-AA), as amended, which, pursuant to Subsection 9-204(8)(a) of the Philadelphia Code, designates the locations in Center City at which vending is permitted, by deleting all permitted vendor locations on both sides of Eighth Street and Ninth Street between Arch Street and Market Street, all under certain terms and conditions. (Witness comes forward.)
Good day, Councilman DiCicco and members of the committee. I am Otis Haigler, Jr., Legislative & Regulatory Affairs Manager for the Department of Licenses and Inspections. Today I am here to provide testimony on Bill 020049, which, if enacted, will prohibit vending on Eighth Street and Ninth Street between Arch and Market Streets. The Department of Licenses and 71 5/30/02 STREETS & SERVICES, BILL 020049 Inspections is charged with the responsibility for the enforcement of Section 9-204 of the Philadelphia Code related to the licensing of vendors for inspection and compliance for the same. Therefore, in accordance with our responsibilities, the Department offers no objections to the enactment of Bill 020049 and is prepared to enforce the provisions of this bill should Council vote for its passage and the Mayor sign it into law. Thank you, and I'll be happy to answer any questions you may have at this time.
Thank you, Mr. Haigler. Who's identifying next? (Witness comes forward.)
Good afternoon, and please identify yourself for the record.
Good afternoon. I'm James Kenny, General Manager of Strawbridge's, at Eighth and Market Streets. The vendors on Eighth Street cause two major problems for Strawbridge's: One, we feel they impede the pedestrian traffic, especially during the busy lunch hour; two, the vendors have 72 5/30/02 STREETS & SERVICES, BILL 020049 the habit of what I say "jumping the curb" when they're putting their lunch carts on the sidewalk, which creates damage to the sidewalk and the curb; and, of course, Strawbridge's is liable for fixing those problems. So with the addition of our new neighbors, Citizens Bank and GSA in the building upstairs, our Eighth Street traffic will only increase because the only major entrance to those upper floors is the Eighth Street entrance. We need your cooperation in solving these problems, and we would greatly appreciate you looking into them.
Good afternoon, Mr. DiCicco. My name is Jerry Balka, and I'm with the United Vendors, and with me is Paul Tollis (ph), President of United Vendors. Prior to the start of the hearing on this bill, we've met with the Strawbridge people to discuss their concerns. As to the congestion on the sidewalk, the vendor leaves a required six-foot pathway for pedestrians. As to the issue of dealing with the 73 5/30/02 STREETS & SERVICES, BILL 020049 truck coming onto the curb, that's a no-no, and if any of those vendors are doing that, they're going to stop it, and we're going to make sure they stop it with or without L&I's help. What we're requesting is that you hold this bill because we're going to meet probably one day next week at the site with the Strawbridge people to actually site where the one vendor, who is now operating north of the entranceway, should be so that there won't be any question of any interference with that entranceway. The other vendors are maybe 60 or 50 feet away from it already. And we'd appreciate your assistance in holding the bill so that we can do that. And once we have that under control, we feel that probably, there won't be any need for any further legislation.
Mr. Balka, how do you propose to guarantee that there won't be anymore damage to the sidewalk of the Strawbridge's's building?
Well, the vendor is not permitted to bring his truck onto the sidewalk. 74 5/30/02 STREETS & SERVICES, BILL 020049 The vendor is here.
He parks his truck at the curb, detaches the food cart from the truck right at the curb, then brings it up. He may not bring a motorized vehicle onto that sidewalk, and we'll put him out of business if he does.
I suspect that the reason the vendor uses his vehicle to get the cart up is because it's easier.
Because the height of the curb probably would make it difficult for one or two individuals to push the cart up. So you need some mechanical assistance. I still don't know how you're going to be able to do it unless, of course, they're going to build some sort of a wooden ramp that is a portable ramp that would be from the street surface to the top portion of the curb, but outside of a vehicle, I don't know how you can guarantee that the cart is not going to be -- that he's not going to use a vehicle to get the cart up there. I don't 75 5/30/02 STREETS & SERVICES, BILL 020049 know how you guarantee that.
A ramp of no more than three or four feet, one end of it being on the curb and the other end of it being on the street, in order to provide an incline, where they just push the cart right up --
Well, that's what I'm asking: Are they going to have a ramp?
Absolutely. It's going to be a portable ramp, and they're going to take it away as soon as they put the cart there. When they come back at the end of the day, they'll put the cart down again, take it off, put the cart onto the street. And I'm willing to enter into an agreement, and the vendor in question, with Strawbridge's that if there's a violation, he's out of there. I mean, we'll give him a warning maybe the first time or something like that.
No, no, no, no, no, there are no more warning. The warnings are -- they're long gone. 76 5/30/02 STREETS & SERVICES, BILL 020049 Here's what I'm going to propose to the committee: I'm going to propose to the committee that, like a couple of other bills that we have concerning vendors, that we report this bill out of committee with a favorable recommendation, and I will agree, as I have done with Bill 658-A -- and I can't remember the other number that pertains to the vendors on 12th Street and 11th Street -- to hold the bill. And if I get any complaints to the contrary, then I will run the bill. So I think in the interest of fairness, we need a little bit of guarantees on our side. And so far, with the exception of a few people -- and I'm not blaming your clients -- most of the people have been cooperating on 11th Street and 12th Street. And I think it's only because they know the threat of that bill passing continues, and it has been for about, I guess, a year a half, two years. So I'm going to recommend that the bill 23 get voted out of committee. And I think you know I'm a man of my word: I won't run the bill unless I get some complaints. 77 5/30/02 STREETS & SERVICES, BILL 020049 And I would ask that you not probably meet next week with the representative of Strawbridge's, but that you do meet with them to come to some agreement, if you can, on relocating the vendors within a reasonable distance from the new entrance.
We've already reached that understanding, and one of the purposes of our meeting is to actually --
I need something in writing from the owners of the Strawbridge's building and from you, Mr. Balka, that you came to an agreement; I want that in writing. But I'm going to ask that the bill be moved out of this committee favorably, and we won't do anything on it unless we get complaints. That, I believe, will guarantee that something other than a vehicle driving on the sidewalk will occur.
Mr. DiCicco, if you do get complaints, by voting the bill out and holding it before Council, you're not giving us an opportunity to address whatever complaints there may be.
You always have the opportunity, as everyone else does who knows 78 5/30/02 STREETS & SERVICES, BILL 020049 me, to call me and meet with me before I would run the bill, but I'm not going to go through this whole exercise of having a public hearing on something that I already know exists. The bill will get reported out favorably, and if there are complaints and I get them and you don't, I will let you know; and if you get a complaint from the Strawbridge's people and, for some reason, they don't contact me, you will let me know, and we'll discuss it, and then we'll decide whether we'll run the bill or not. But the bill will be reported out today. I think that's the best I can do in fairness to everyone. Thank you. Any other questions?
There's no issue here about vending on Ninth Street at all; no one has raised that issue.
Well, I can always 79 5/30/02 STREETS & SERVICES, BILL 020049 amend the bill to remove that or I have to create a new bill. I just want to get this thing done. There's a $40 million investment in that building. I had an opportunity of being there on Election Day when Citizens Bank had their ribbon-cutting. They're bringing a lot of jobs into this city, and I think it's in the interest of fairness that we accommodate this $40 million investment. And, again, I'm going to do the bill, but I won't move for passage of it unless I find that there are violations that continue.
But if there's a violation, it will be a violation down at Eighth Street.
I understand, but I ask you to amend the bill to eliminate Ninth Street now so that --
I will look at the possibility of amending the bill going forward. 80 5/30/02 STREETS & SERVICES, BILL 020049
I think that Councilman DiCicco has displayed good faith in previous vendor problems, and you always have -- I see Councilman Ortiz to my left and I'm on the right, and I don't know how that happened, but we surround Councilman DiCicco, and we will serve as enforcers. But I don't think you have any problem with the proposal made by Councilman DiCicco. He feels very strongly that it has been an effective weapon in attempting to secure compliance before. And if -- I would agree on my behalf, and I'm sure on Councilman Ortiz's behalf, that if you ever felt that Councilman DiCicco was working too fast and you were unsuccessful at slowing him down, you'd call us, and we would talk with him and we would reach a collusion. I think that the safeguard is Councilman DiCicco's past action on these bills. He serves as a threat, but it does help somewhat in the compliance area. And I think that you can rely on his word.
Thank you, thank you, Councilman Cohen. 81 5/30/02 STREETS & SERVICES, BILL 020049 Any other questions?
He agrees, he's on the left. We all agree. Anyone else here who wishes to testify for or against this bill? (No response.)
This concludes our public hearing on the Committee of Streets and Services, and we will now move into the public meeting. I thank all of you for your attendance. - - - 82 5/30/02 STREETS & SERVICES, PUBLIC MEETING
Councilman DiCicco, Chairman, I move that Bill No. 020049 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020049 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. Councilman Ortiz?
Mr. Chairman, I move that Bill No. 020167 be moved out of committee with a favorable recommendation and a recommendation that rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) 83 5/30/02 STREETS & SERVICES, PUBLIC MEETING
It's been properly moved and seconded that Bill No. 020167 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. Councilman Ortiz?
Mr. Chairman, I move that Bill No. 020168 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council.
It's been properly moved and seconded that Bill No. 020168 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. The Chair recognizes Councilman Ortiz. 84 5/30/02 STREETS & SERVICES, PUBLIC MEETING
Mr. Chairman, I move that Bill No. 020254 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at our next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020254 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved.
Mr. Chairman, I move that Bill No. 020257 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so was as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020257 be reported 85 5/30/02 STREETS & SERVICES, PUBLIC MEETING out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The ayes have it, the bill is approved.
The Chair recognizes Councilman Clarke for the amendment.
Hold it, 359. I'm sorry. Sorry. Mr. Chairman, I move that Bill No. 15 020259 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020259 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. 86 5/30/02 STREETS & SERVICES, PUBLIC MEETING Those opposed? The bill is approved.
Mr. Chairman, I move that Bill No. 020277 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020277 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. Councilman Ortiz?
Mr. Chairman, I move that Bill No. 020339 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. 87 5/30/02 STREETS & SERVICES, PUBLIC MEETING
It's been properly moved and seconded that Bill No. 020339 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. Councilman Ortiz?
Mr. Chairman, I move that Bill No. 020341 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020341 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. 88 5/30/02 STREETS & SERVICES, PUBLIC MEETING Councilman Ortiz?
Mr. Chairman, I move that Bill 020342 be reported out of committee with a favorable recommendation and also a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council.
It's been properly moved and seconded that Bill No. 020342 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. Councilman Ortiz?
Mr. Chairman, I move that Bill No. 020349 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly 89 5/30/02 STREETS & SERVICES, PUBLIC MEETING moved and seconded that Bill No. 020349 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. Councilman Ortiz?
Mr. Chairman, I move that Bill No. 020350 be reported out of committee with a favorable recommendation and also a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020350 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved.
Mr. Chairman, I move 90 5/30/02 STREETS & SERVICES, PUBLIC MEETING that Bill No. 020351 be reported out of committee with a favorable recommendation and also a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020351 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved.
Mr. Chairman, I move that Bill No. 020352 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020352 be reported out of committee with a favorable recommendation 91 5/30/02 STREETS & SERVICES, PUBLIC MEETING and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved.
Mr. Chairman, I move that Bill 020353 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020353 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved.
Mr. Chairman, I move that Bill 020354 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to 92 5/30/02 STREETS & SERVICES, PUBLIC MEETING permit first reading in the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020354 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved.
Mr. Chairman, I move that Bill 020356 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020356 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. 93 5/30/02 STREETS & SERVICES, PUBLIC MEETING Those opposed? The bill is approved.
Mr. Chairman, I move that Bill No. 020357 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council.
It's been properly moved and seconded that Bill No. 020357 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved.
We're coming down 94 5/30/02 STREETS & SERVICES, PUBLIC MEETING the stretch. Mr. Chairman, I move that Bill No. 4 020358 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020358 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. The Chair recognizes Councilmember Clarke for an amendment to Bill No. 020359.
Thank you, thank you, Mr. Chairman. The bill will be amended as follows: In Section 2a., we will delete the language from furnish to thereof. Added to that will be "submit documentation in the form and content acceptable to the City Solicitor that the 95 5/30/02 STREETS & SERVICES, PUBLIC MEETING Center City District self-assumes liabilities and obligations normally covered by the surety bond." In section 2e., we will delete 2e. in its entirety, and we will simply move 2f. up to reletter that as 2e. On Section 5, in the last sentence, where it read, "This ordinance within one year..." We will delete "one year" and add "two years." Those are the amendments to this particular bill. At this time, I would like to make a motion for the amendments to Bill No. 13 020359. (Duly seconded.)
It's been properly moved and seconded to approve the amendment bo Bill 17 No. 020359. All those in favor will signify by saying aye. Those opposed? The bill is approved. The Chair recognizes Councilman Clarke for a motion on the amended bill.
Thank you, Mr. Chairman. I make a motion that Bill No. 96 5/30/02 STREETS & SERVICES, PUBLIC MEETING 020359, as amended, be reported out of committee with a favorable recommendation and a request for a suspension of the rules so as to allow for reading at the next session of Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020359, as amended, be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The amended bill is approved. Councilman Ortiz?
Mr. Chairman, I move that Bill No. 020360 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as a to permit first reading next concession City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020360 be reported 97 5/30/02 STREETS & SERVICES, PUBLIC MEETING out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. Councilman Ortiz?
The finish line is in sight. Mr. Chairman, I move that Bill No. 12 020362 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020362 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. This concludes the public meeting on 98 5/30/02 STREETS & SERVICES, PUBLIC MEETING the Committee of Streets and Services, and I want to thank all of the members for attending. Thank you. (Committee proceedings end at 3:54 p.m.) - - - 99 CERTIFICATE I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia's meeting of the Committee on Streets and Services of Thursday, May 30, 2002, are contained fully and accurately in the stenographic notes taken by me, and that this is a true and correct transcript of same. _______________________________, Josephine Cardillo Registered Professional Reporter and 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.)