COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON LICENSES AND INSPECTIONS - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, December 5, 2007, 10:47 a.m. - - - Bills 070400, 070875 - Held. Bill 070390 - To increase license fee for L&I to administer, enforce towing requirements. Bill 070556 - To prohibit certain towing upon establishment of a rotational towing system. Bill 070679 - Re single code violation notice for multiple sign violations. Bill 070870 - Requiring installation of carbon monoxide alarms in new residences. Bill 070876 - Re Sale of Spray Paint, Indelible Markers, Etching Acid. Bill 070914 - Re ethnic intimidation and institutional vandalism. (Full text of all bills contained herein.) COUNCILMEMBERS PRESENT: Daniel J. Savage, Chair Darrell L. Clarke Joan Krajewski, Co-Chair Jack Kelly Blondell Reynolds-Brown Frank Rizzo - - - V A R A L L O Incorporated Litigation Support Specialists 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 12/5/7 - L&I COMMITTEE I N D E X WITNESS BILL 070870 Otis Haigler, Jr., L&I.................... Deputy Richard Bailey..................... 12 Philadelphia Fire Department Thomas Huynh, Acting Director............. 16 Air Management Services Human Department of Public Health Brian McBride, President, IAFF Local 22 19 *Douglas Mishaw, PA Builders Association 23 BILL 070390 Otis Haigler, Jr., L&I.................... 27 BILL 070556 James Moore, Managing Director's Office... 30 *Candido Sill, Tow Truck Operator......... 43 *Jose Jural, Dirkis Autobody.............. 43 *M. Eudwenko, Abel Automotive Solutions... 60 BILL 070679 Otis Haigler, Jr., L&I.................... 64 BILL 070876 Otis Haigler, Jr., L&I.................... 67 Bob Hills................................. 77 National Council to Prevent Delinquency (*Spelling of these individuals' names not provided to stenographer.) 3 12/5/7 - L&I COMMITTEE WITNESS BILL 070914 Nick Taliaferro, Executive Director....... 86 Philadelphia Commission on Human Relations Bruce Crawley, Board Member............... 92 Technical Assistance for Emergent Contractors Business owner Paul Solomon, Jr., Member................. 92 Union Operating Engineers Anthony Fullard, Director of Construction 93 Technical Assistance Center Jonathan Buie............................. 128 Barry Morrison, Antidefamation League..... 131 Clinton Ford, Member...................... 139 African-American Heritage Coalition Arnold Foster............................. 140 Phillip Lockett........................... 146 Sultan Ashley Shah, Renaissance CDC....... 153 Paula Peebles............................. 166 *Minister Gideon Odinga Muktar............ 180 Community Activist Revolutionary Pan Africanist Lewis Thomas.............................. 183 (*Spelling of this individual's name not provided to stenographer.) 4 12/5/07 L&I Bill 070870
Good morning. The Committee on Licenses and Inspections is now in session. I would like to recognize that a quorum is present. We have councilwoman Krajewski with us, Councilman Clarke, and Councilman Rizzo. I would like to note that Bills No. 070400 and Bill No. 070875 are being held. Will the clerk please read the title of the first bill.
Bill No. 070870, an ordinance amending Title IV of the Philadelphia Code, entitled" The Philadelphia Building Construction and Occupancy Code," by amending Subcode "F" ("The Philadelphia Fire code") by adding a new subsection requiring the installation of carbon monoxide alarms 5 12/5/07 L&I Bill 070870 in all new and existing R-3 and R-4 occupancies; by making conforming amendments to Subcode "B" ("The Philadelphia Building Code"), Subcode "AB" ("The Philadelphia Existing Building Code") and Subcode "R" ("The Philadelphia Residential Code"); and by making certain technical changes, all under certain terms and conditions.
I'd like to recognize that Councilwoman Blondell Reynolds-Brown has joined us. We will now hear testimony on Bill No. 070870. Will the clerk please call the first witness.
Good day, Councilman Savage and members of the committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and 6 12/5/07 L&I Bill 070870 Inspections. Today, I'm here to provide testimony on Bill No. 070870, which, if enacted, will amend provisions of designated subcodes of the Philadelphia Building, Construction and Occupancy Code, as mentioned in the bill, to require the installation of carbon monoxide detectors in residential one- and two-family dwellings. As the department whose primary mission is to enforce codes and ordinances which safeguard the public from injury and death, we support any initiative that will save lives. The proposed ordinance, if enacted, will do just that by increasing the level of protection afforded to persons who reside in one- and two-family dwellings as well as small assisted-living arrangements, where there is an increased incidence for accidental exposure to carbon 7 12/5/07 L&I Bill 070870 monoxide poisoning due to many of the appliances that are located within this type of occupancy which uses fossil fuels in the operation of the appliances; and because of, as in many cases, there is an attached garage with an automobile that is being operated within the garage without proper ventilation. The requirement to install a carbon monoxide detector in such an occupancy is but one measure that is needed in order to minimize exposure to carbon monoxide and its effects on the human body. We also would encourage property owners to inspect and maintain their mechanical systems and appliances in accordance with manufacturers' specifications in order to ensure that they are operating properly. Part of this inspection and maintenance program should include 8 12/5/07 L&I Bill 070870 inspecting the chimney and flue to ensure that they are operable and free of obstructions when appliances are in use. In addition, property owners or their tenants should never operate motor vehicles with internal combustion engines or any other gas- powered equipment in enclosed areas without first ensuring that the area is properly ventilated, and should never, under any circumstance, use portable charcoal-cooking equipment indoors. We should further point out that when purchasing and installing a carbon monoxide detector on the premises, the property owner needs to make sure that the detector is listed by Underwriters Laboratories having been tested under UL-2034 standard for single- and multiple-station carbon monoxide alarms as well as follow the National Fire Protection Association Standard No. 720 standard for the 9 12/5/07 L&I Bill 070870 installation of carbon monoxide warning equipment in dwelling units when installing and maintaining the detectors. Finally, we would like to stress that the requirement to install a carbon monoxide detector in occupancies mentioned in this bill 10 does not relieve the owners of these occupancies from complying with other requirements of the City's construction and property maintenance codes governing other types of fire detection or suppression equipment that is required to be installed and maintained in the occupancy. Thank you for the opportunity to provide the Department's testimony on this matter, and I will be happy to answer any questions.
Thank you for your testimony. Is there any questions from members of the committee? 10 12/5/07 L&I Bill 070870 (No questions.)
As far as enforcement is, is there going to be any enforcement with L&I?
Yes. We currently do enforce provisions of our fire code now with regard to other types of fire protection equipment that's required in this type of occupancy. Right now, the requirements primarily are for existing one- and two-family dwellings; they're required to have battery-operated detectors; and for new construction, they are required to have single-station detectors that are tied into the hard-wire system for the building. Our inspectors, when they go out, primarily, we inspect tenant-occupied properties primarily for this because, again, we have access to those properties because there is a license required to rent 11 12/5/07 L&I Bill 070870 properties. For owner-occupied properties we more or less are going to have to rely on the owners to comply with the code; we generally don't go into owner-occupied properties, unless there is a condition that is affecting somebody else's property.
All right. Thank you. Thank you for your testimony. Will the clerk please identify the next witness, please.
Is there someone here from the Fire Department representing the Commissioner? FIRE DEPUTY BAILEY: Yes, good morning. Thank you. The following is testimony of Lloyd Ayers, Fire Commissioner of the Fire Department, in support of the legislation being considered by the City Council Committee on Licenses and Inspections requiring carbon monoxide 12 12/5/07 L&I Bill 070870 detection and alarm devices in homes and small assisted-living facilities throughout the City. Fire Commissioner Ayers is not able to be present here today and has asked me to read his testimony and answer any questions that Council may have. I am Richard Bailey, Deputy Chief and Chief of the Department's Fire Code Unit. Carbon monoxide is a deadly poison produced during the combustion of fossil fuels such as wood, coal, home heating oil, and natural gas. Typical locations within a home where carbon monoxide gas is produced are heaters, fireplaces, wood-burning stoves, hot-water heaters, portable kerosene heaters, and vehicles idling in closed garages. If the heating devices are not properly maintained and the fumes are not properly vented to the outside, 13 12/5/07 L&I Bill 070870 carbon monoxide can leak into spread throughout a home. Over the years, people have died as a result of carbon monoxide exposure. The vast majority of these deaths have occurred in homes. Carbon monoxide -- unfortunately, carbon monoxide is undetectable by human senses as it is colorless, odorless, and tasteless. Exposure to carbon monoxide does produce symptoms such as headache, shortness of breath, nausea, and dizziness, but these symptoms are common to other less dangerous illnesses and can mask the seriousness of the situation with deadly consequences. Because of the deadliness of carbon monoxide, I, Lloyd Ayers, support this legislation before the Committee of Licenses and Inspections requiring carbon monoxide detection alarm devices. 14 12/5/07 L&I Bill 070870 Most of the people who die or become ill from exposure to carbon monoxide live in homes, and I believe that it's appropriate for the committee to propose legislation requiring the devices in homes and in small assisted-living facilities because the residents of these facilities live in family-type settings. Thank you for the opportunity to speak before the committee.
Thank you for your testimony. Are there any questions from members of the committee? (No questions.)
No 20 questions from members of the committee. FIRE DEPUTY BAILEY: Councilman, may I add something?
Sure. FIRE DEPUTY BAILEY: Earlier 15 12/5/07 L&I Bill 070870 in the week, I sent a package of information, and I wanted to highlight one of the flyers in it, and I can make copies if they don't have it. If this legislation is passed, then we need to publicize it to the community. This was a flyer made up by New York City and published when they required the detection devices in facilities. I think it's an excellent flyer, and I think that the City should do something like that to get it out. It's easy to put in some kind of a mailing. So I suggest that that be done. Thank you.
Thank you. I agree with you. I did receive that and I agree with you. Thank you for your testimony. The next witness, please identify yourself.
Good morning, Councilman Savage and members of the 16 12/5/07 L&I Bill 070870 Committee of Licenses and Inspections. I am Thomas Huynh. I am Acting Director for Air Management Services in Human Services in the Department of Public Health. Air Management Services, AMS, is the air pollution control agency for the City of Philadelphia with the mission to protect the health and quality of life of Philadelphians for adverse effects of air pollution. AMS operates under the authority of the Philadelphia Code, the Pennsylvania Air Pollution Control Act, and the Federal Clean Air Act. One of the functions of AMS is to respond to complaints of reports to exposure to carbon monoxide, CO, in residential unit. CO is a colorless, odorless, and poisonous gas that forms when fumes (indiscernible) completely. Appliances include, but are not limited to, building heater, portable heater, fireplaces, wood-burning 17 12/5/07 L&I Bill 070870 stove, cooking appliance, hot-water heater, and clothes dryer. When the units malfunction, are not used properly, CO can result. CO quickly enter the bloodstream and reduce oxygen delivery to the body's organs and tissues. With low levels of CO associated with impairment of vision, reduced work capacity, reduced manual dexterity, cognitive impairment, and difficulty in performing complex tasks. At higher level, CO can be fatal. Bill No. 070870, if enacted, will amend provision of the (indiscernible) subcode of the Philadelphia Building Code, Construction, and Occupancy Code to require the installation of CO detector in residential, one- or two-family dwelling. AMS received 38 received complaints involving CO in 2006; and 18 12/5/07 L&I Bill 070870 so far in 2007, we received 25. AMS receives fewer complaints now than a decade ago, when the annual number of complaints reached a high of 164 in 1997. It is clear, however, that CO is a persistent problem in Philadelphia residences. (Indiscernible) I receive during the winter months when (indiscernible) appliance indoors. We believe that CO alarm installed in the residential unit within feet of every 15 (indiscernible) would serve to help alert Philadelphia resident should CO be present. And for this reason, the Department of Public Health and AMS support Bill No. 070870. Thank you for allowing me to present testimony today, and I would now answer questions.
Thank you for your testimony. Are there any questions from 19 12/5/07 L&I Bill 070870 members of the committee? (No questions.)
Seeing there's no questions from members of the committee, thank you for your testimony. And will the clerk please call the next witness.
Good morning. MR. McBRIDE: Good morning, Councilman. I am Brian McBride, President of the IAFF Local 22, representing the 2400 active firefighters and paramedics serving Philadelphia. I am also a 32-and-a-half-year fire lieutenant with the Philadelphia Fire Department. And I do have some handouts if the clerk wants to get them. One of the last calls I responded to prior to becoming 20 12/5/07 L&I Bill 070870 president of Local 22 was a medical call for a baby with symptoms of a cold. The child's mother was tired and thought she also had a cold. The child's father was not going to go to the hospital with the child and the mother because he wanted to sleep; he had a headache. If I had let him sleep, he probably would have never awakened ever again. As the EMT assigned to the company came into the apartment, the CO detector on the medical bag that we have went into full alarm. Everyone in this apartment was suffering from the effect of carbon monoxide poisoning. If this had been 3 in the morning, rather than 3 in the afternoon, we may have had the entire family die in their sleep. I want to take you back three or four years ago. The fire house on Main Street in Manayunk, Engine 12, four firefighters assigned there on 21 12/5/07 L&I Bill 070870 Thanksgiving night were almost four fatalities. In the early-morning hours, the firefighter on watch didn't feel good. He went to another firefighter to sit watch and found him asleep along with the others on the second floor. He had trouble waking them and called for help. A few days earlier a work crew damaged had damaged the flue from the heater. This almost cost the lives of these men due to the effects of carbon monoxide poisoning. Carbon monoxide is odorless and colorless and is not always evident even when there is a problem. Low levels of carbon monoxide poisoning can be confused with flu symptoms, food poisoning, and other illnesses, and have a long-term health risk if left unattended. Some of the other symptoms are shortness of breath, mild nausea, and mild headaches. 22 12/5/07 L&I Bill 070870 Moderate levels of CO exposure can cause death. Symptoms include headaches, dizziness, nausea, and lightheadedness. High levels of CO can be fatal, causing death within minutes. Local supports this bill 9 because it will save lives. 10
Thank you 11 for your testimony. I agree with you 12 that this bill will save lives, and I 13 think we all agree that it's a problem 14 not only in Philadelphia but in the 15 whole country and the whole world. 16 And thanks again for your 17 testimony. 18 MR. McBRIDE: Thank you. 19
Will the 20 clerk please read the next bill. 21 Excuse me. Is there anybody 22 else here to testify on Bill No. 23 070870? Please come forward. (Witness comes forward.)
Sorry, sir. I 23 12/5/07 L&I Bill 070870 wasn't sure of your protocol or whether there was somewhere to sign in or not.
Nah. Good morning. Just identify yourself for the record, please.
My name is Douglas Mishaw, and I am the building codes person for the Pennsylvania Builders Association. I am here to testify in opposition of the proposed bill -- not because of what the intent of the bill 15 is, but primarily, the subject of the CO2 detectors themselves. I'm a member of the International Code Council. I also worked as part of the drafting of the Pennsylvania Uniform Construction Code. And since this is an effort to exceed the Pennsylvania Uniform Construction Code, our board of directors has made a -- well, we have 10,500 members throughout 24 12/5/07 L&I Bill 070870 Pennsylvania, including the City of Philadelphia here. Our board of directors has opposed these types of bills. I've opposed it at the International Code Council, where they develop the building codes. This particular type of a CO2 detector has been proposed year after year, and every year, it gets voted down at the International Code Council. The International Code Council had an evaluation committee evaluate the CO2 detectors. That's the crux of the problem. Yes, they do save some lives. You will hear about the problems of CO, the lives that it has cost, but you don't hear about the problems with the detectors themselves. I wanted to bring along the evaluation report from the International Code Council, but I was, unfortunately, unable to get by my 25 12/5/07 L&I Bill 070870 office before I had to get here today; I've been traveling. I would urge the Council to -- would be happy to provide a copy of the evaluation of these 2 detectors. They have not been reliable. We are opposed to mandating anything in homes that would give people a false sense of security. Yes, sometimes they work, but many times they don't work, either. You have people that want to rip them out of their houses because they keep going off. Someone will take a shower. And until they're proven reliable, we would continue to be opposed to them. If they're ever proven to be reliable, I am certain that we would support the -- such a bill. That's really all that I have to say. I would be happy to answer any questions that you may have.
Okay. 12/5/07 L&I Bill 070870 Thank you for your testimony. I have to disagree with you. You know, this has been a success in Chicago, and I'd have to disagree with you on it, but I appreciate you coming out to testify on it. Thank you.
Any questions from members of the committee? (No questions.)
Thank you. Is there anybody else here to testify on Bill No. 070870? (No response.)
Seeing there's no one else here to testify on Bill No. 070870, will the clerk please read the title of the next bill.
Bill No. 070390, an ordinance amending Section 9-605 of the Philadelphia Code related to towing by increasing the fees charged for licensure of tow trucks involved 27 12/5/07 L&I - Bill 070390 in towing operation and making technical changes, all under certain terms and conditions.
We will now hear testimony on Bill No. 070390. Will the clerk please call the first witness.
We have Otis Haigler, Jr. again from the Department of Licenses and Inspections. (Witness comes forward.)
Good morning. Good day, Councilman Savage and members of the committee. I'm Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today, I'm here to provide testimony on Bill 070390, which, if enacted, will amend Section 9-605, Subsection 3, Subsection c, Subsection .5 of the Philadelphia Code to 28 12/5/07 L&I - Bill 070390 increase the license fee the Department charges the cost to administer and enforce requirements related to towing. This request is a nominal fee increase to provisions of the Code to cover our administrative costs, and the license fee that will be increased subject to the enactment of Bill No. 11 070390 has not been adjusted since 1983, approximately 25 years. Thank you for the opportunity to provide the Department's testimony on this bill, and I will be happy to answer any questions at this time.
Thank you for your testimony. Is there any questions from members of the committee? (No questions.)
Will the 29 12/5/07 L&I - Bill 070390 clerk please call the next witness. I'm sorry, is there anybody else here to testify for Bill No. 070390? (No response.)
Seeing there is nobody else to testify on Bill No. 070390, will the clerk please read the next bill.
Bill No. 070556, an ordinance amending Bill No. 040595 (approved June 15, 2005), entitled "An Ordinance amending Title 9 of the Philadelphia Code ("Regulation of Businesses, Trades and Professions"), by amending Section 9-605 ("Towing") to prohibit certain towing upon the establishment of a rotational towing system; to define the parameters of the rotational system; and to make certain technical changes; all under certain terms and conditions."
We will now hear testimony on Bill No. 070556. Will the clerk please call the first 30 12/5/07 L&I - 070556 witness.
James Moore from the Managing Director's Office. (Witness comes forward.)
Good morning, Councilman. Actually, testimony was submitted from the Managing Director that going to be a written testimony, but I'm just going to do a brief review of the director's testimony to shed a little light on the background of this amendment. Before addressing the actual process of rotational towing, I want to talk about the two types of mandatory tows that it will cover: Any vehicle impeding the flow of traffic or disabled on a limited-access highway, such as I-95 or I-76, requires a mandatory tow. In addition, any vehicle on a 31 12/5/07 L&I - 070556 local state or a local road that's impeding the flow of traffic is also part of a mandatory tow process. In May of 2004, the City code was amended to prohibit certain towing upon the establishment of a rotational towing process. The goal of this actual process was to increase motor vehicle operator safety by limiting the number of tow operators that were racing to the scene of an accident. While the City code actually identifies the concept of a rotational towing process, the actual implementation of an operational process has taken a longer time to come upon agreement for. In November of 2006, the Administration -- more specifically the Managing Director's Office -- met with the sponsor of the original bill. During the meeting, we laid out a process that allowed all tow operators to apply to the rotational lists, so 32 12/5/07 L&I - 070556 any tow operator that was licensed by the City of Philadelphia would be given the opportunity to participate in the program. That's one of the parts of this actual amendment is that we're requesting the removal of language that refers to a competitive process because this will be open to all tow operators. On June 14, 2007, the amendment was sent to City Council as you see it today. Also, in June of 2007, the regulations were submitted by the Managing Director's Office to the Department of Records for public notice. That went through a 30-day period without hearing and was approved on July 15, 2007. I also want to point out another part of the amendment that has drawn some attention, which is the italicized portions that are added to the City code or are being requested. 33 12/5/07 L&I - 070556 It actually identifies another entity in the County and City of Philadelphia that has the ability to authorize a tow, which is the State Police. In January of 2007, the State Police began the take-over of I-76 and will continue to take over I-95. And I just wanted to briefly discuss that they have their own process. So what we're doing in the amendment is just identifying that there's another process out there. Their process essentially, as we discussed with them, is when someone is disabled or impeding the flow traffic on a limited-access highway, the person who's disabled will first be asked if they have a tow service. So if they have Triple A, that person can make the tow as long as it's in a reasonable amount of time. Barring that, if they don't have a tow service or the tow service 34 12/5/07 L&I - 070556 can't respond, they've contracted with the Philadelphia Parking Authority as the contracted agency to make the tows. I just want to point out that the Managing Director's Office met with the Secretary of the Administration for the Commonwealth of Pennsylvania, the State Police, and the Philadelphia Parking Authority. At that meeting, we were trying to encourage the State Police to use the rotational towing process that we were suggesting, and they actually declined the offer. The one thing that we were able to come to agreement on is that we would establish a fee structure that was similar across two processes, but they are different processes, and I want to point out that we really didn't have any control over how they operated a towing process in their jurisdiction.
35 12/5/07 L&I - 070556 So the amendment is really to identify that there's another entity out there that can authorize a mandatory tow; it's not to validate or approve their process, but what we're really looking for today is to move forward with the operational process for rotational towing, which would go into effect upon 60 days after the passage of this amendment, and it's something that the City has been working on for a few years, and we would like to get started. That concludes the testimony.
And so this would set the process for the City's rotational towing system, correct?
Okay. Would there be any Philadelphia tow trucks involved in the state process?
The state process, as I said, is if you have a tow service and then to the Parking Authority, so I can't speak to be an expert on their process, but I don't believe it's open to -- you're either a part of the tow service or you're a part of the Parking Authority.
I can add from my knowledge that the Pennsylvania State Police have contracted exclusively with the Philadelphia Parking Authority to clear the highway in the event of a wreck on the expressway or I-95. The State Police operates similarly in -- throughout the Commonwealth. They have contracts that they let and deal with just one entity, and that's the -- that's the 37 12/5/07 L&I - 070556 way they choose to do business. But in the rest of the City -- and I'm real pleased -- that we're not going to have a competitive process. Anyone that is a licensed tow truck operator can apply to be a part of the rotational process. So I appreciate the Managing Director's Office 'cause there's a lot of young men and women that work very hard in the towing operation, and we want to make sure that it is completely inclusive of them.
Thank you. The Chair recognizes Councilwoman Blondell Reynolds-Brown.
The interest remains on this Council that: A, Philadelphians get first bite of the apple; and B, provisions, 38 12/5/07 L&I - 070556 stipulations, opportunities that ensure -- I've never seen a female tow truck driver, but who am I. But assurances that people of color and women have an opportunity as well. So unless I missed it, where is the assurance that the rotation system is in place before anything else happens?
The -- I'm not a hundred percent sure I understand the question, but let me provide an answer, and then you can tell me if I'm on the right path. We met with MBEC to discuss when there was a consideration of whether there was going to be a contracted process or an open regulated process. When we spoke to the MBEC officials, we decided that an open process allowing all tow operators to compete -- well, not to compete but to apply for the process would allow everybody who is licensed, 39 12/5/07 L&I - 070556 has met L&I, and now the Police Department is performing background checks.
All those individuals would get to apply, so it's not getting restricted.
So it's not the same as normally where we would establish benchmarks --
All right. So to the question, I'm concern about the rotation process and that being in place before anything else happens.
The rotation process would actually -- upon the 40 12/5/07 L&I - 070556 passage of this amendment, which is essentially to put the City's operational process in place, that would occur 60 days from the passage of the amendment. During that 60-day period, L&I would send out an application process to all licensed towers. They would have the ability to fill out what type of equipment they have, the number of pieces of equipment, and they would also be able to apply for one of six lists.
There's going to be six rotation lists that correspond with the six Police Divisions.
And I actually brought a copy of the regulations that were approved on July 15, 2007, that I can share with Council that spells out 41 12/5/07 L&I - 070556 all of the process.
Okay. And then what trigger is there that lets tour operators know that now that L&I has completed its step and now the opportunity exists and is in place for the rotation process? What trigger will be sent to tow operators that now this process is real?
To be honest, part of that still has to be hammered out. The application has been put in draft format. And the way it would work is, when the applications come back, the Department of Licenses and Inspections would create the six rotation lists. At that time, we would have to send notification to the towers that said we are ready to start this program and let them know, you know, make sure that everybody's clear on the regulations and what the requirements of the program are. And then we would 42 12/5/07 L&I - 070556 implement the program and let people know where they were on the list.
Yes. Even though we're going to have open with probably a large influx of towers signing up to the list, at any point during the year, you will either be able to apply to join the list or remove yourself from the list.
Okay. Thank you. Is there any more questions if members of the committee? (No questions.)
Seeing there's no questions from members of the committee, is there anybody else here to testify on Bill No. 070556?
Good morning, Chairman and members of the committee. I'm Candido Sill and I'm here on behalf of Bill No. 070556.
Chairman and members of the committee, we're here on behalf of this bill that's leaving a loophole in the whole system as far as allowing the State Police to regulate the rotation system in the City of Philadelphia. What we have in here is that there is not a compiled list for rotation for tow drivers in the City 44 12/5/07 L&I - 070556 of Philadelphia that are owned by father-and-son businesses. What this is going to occur if this bill is passed today -- we're asking for it to be tabled simply because there has not been created a rotation list. On the original bill, which was originally by Councilman Rizzo, Bill No. 040595, at that time, that bill was supposed to be compiled of a rotation list prior to this exceeding itself. Once again, we have a question: Who would establish the rotation bill? Secondly, who would define the sectors for the rotation to take place as far as these tow operators operating throughout the City of Philadelphia? What is the formula? Once again, we are allowing the City of Philadelphia to have the State to come in and regulate our city once again. 45 12/5/07 L&I - 070556 At this time what we're doing is, we're taking people that do this daily, on a daily basis, going to accidents, accommodating the customer which has been involved in an accident, to take them to their designated autobody shop of their choice. What happens is with this rotation is that now, the Parking Authority comes to the location, tows the vehicle to their lot No. 6. The customer then comes with a private tow company to get that vehicle of the lot No. 6 to their designated place of choice. Now once again, we're inconveniencing the citizens of Philadelphia once again. What I'm asking, chairman of the committee and members of the committee, is to look at this bill 23 once again. Thirdly, take your time. Do a review, spend time with these tow drivers that do this for a living in 46 12/5/07 L&I - 070556 order to make sure that their family has bread and butter on their table. Let's not let the State -- we know the State; their belly is full. Allow the opportunity for the Philadelphians that are small business in the towing business to have the same opportunity. Thank you.
Thank you. Just for the record, this bill 13 does create the rotational list, and there is no formula. And, you know, it's open to everybody. It's open to the public and it's everybody who signs up. So I just want to make that clear.
Chairman, I understand that, but clearly, right now, there is not a rotation list out there right now in order for this to -- from what I'm hearing from what the Managing Director from L&I is 47 12/5/07 L&I - 070556 saying, this would take place if this bill is passed, and then the list is going to be composed after 60 days. Meanwhile, the State Police is out there utilizing a different entity and not giving the opportunity for Philadelphians that are small-business tow owners the opportunity to at least deal with this at this point until this is rectified.
For the record, the City, the County of Philadelphia, does not have jurisdiction over state roads. And once again, this bill creates the rotation list.
I understand that, chairman. The point is, we're inconveniencing the Philadelphians again. It's double hitting the consumer of Philadelphia. Once they're towed, they're towed to a different entity, then the 48 12/5/07 L&I - 070556 Philadelphian has to go to another entity. We need to stand our ground and make sure that the opportunity of the rotation of the City of Philadelphia is implemented and it is understood and it's carried out thoroughly.
Yes. After 60 days, then the rotation process would be in order? In other words, they would start using the rotation process?
On the City streets. (Indiscernible; parties talking over each other.)
So what you're speaking about is within the 60 days that this would preclude anyone from Philadelphia to -- tow truck 49 12/5/07 L&I - 070556 operators anyway in Philadelphia to be a part of the program; is that what you're saying?
In other words, after 60 days, anyone who signed up would be eligible to participate in this towing program.
Exactly. But meanwhile, everybody is out of the process at the time.
I'd just like to say that the only concern we have is that this bill actually authorizes the 50 12/5/07 L&I - 070556 State Police to use anyone appointed by them; you know, that's our biggest concern right there, because they already have someone that they're dealing with, the Parking Authority, which is not done on a fair process, you know. Throughout whole State of Pennsylvania, they use private tow companies to service the expressways, but in Philadelphia, they want to use the Parking Authority, which they're using the Parking Authority. That's basically our biggest concern, the language that's written on this bill.
James Moore has -- could you clarify some of their questions, please. (Witness comes forward.)
James Moore, Managing Director's Office. 51 12/5/07 L&I - 070556 I think in the amendment, there's really the issue is a issue of jurisdiction. There's two separate processes: There's the State Police process and then there's the City trying to start its rotational towing process. The amendment in no way or any shape is an endorsement of the State Police process; it's just to recognize that there is another authority within the City, operating in the City of Philadelphia and the County of Philadelphia on I-95 and I-76 that's chosen to use their process. In the testimony, I stated that we met with the Secretary of the Administration for the State and the State Police to offer our process. They declined. It's still on the table are for them to use, but we don't want that to impede our ability to start our process where we have jurisdiction. 52 12/5/07 L&I - 070556
Thank you. The Chair recognizes Blondell Reynolds-Brown.
Thank you. Thank you for the clarification. So what's important for us -- it's important that the testifiers there hear the distinction: We have no control, no say, no two cents in the dime of what the State does on state highways; that's just the way it is. We have our opinion, and the City has offered their opinion, and the State declined it. This amendment affects only those roads that are not State -- where there's not State oversight, where they're not State roads, correct, Councilman Frank Rizzo?
So we hear clearly the inequity that exists with the State selecting one 53 12/5/07 L&I - 070556 contractor, but at the end of the day, that's just the way it is; we have no 4 say over that. Our effort today, this amendment, what the Managing Director's Office representative has indicated is that we hear your concern around rotation for Philadelphia supervised streets, and your concern will be addressed on a rotation basis for Philadelphia-managed streets. For everything else, we have no say. Is that helpful to you?
It is. Is there any way they could erase that from the State Police?
I'd like to tell you, when I learned of the fact that the State Police and the 54 12/5/07 L&I - 070556 Commonwealth contracted with the Parking Authority, I suggested that your State reps and the State senators go to the State Police and also to the Commonwealth to see if that barrier can be broken where there might be, at that level, at the State rep's level and the State senator's level, that they maybe work with the State Police or lobby the State Police to consider a rotational program. That's the best we can do here. We understand your concern, but the State Police is the State Police, the Commonwealth of Pennsylvania is the Commonwealth of Pennsylvania, and they have decided that they want one vendor, and that is the Parking Authority. But my suggestion, which I understand to have those State reps and State senators talk to Commissioner Miller talk, to the Secretary of Administration to see if 55 12/5/07 L&I - 070556 they would consider having some additional subcontractors available to do the tows on I-95 and the Schuylkill Expressway. And my colleague Councilwoman Blondell Reynolds-Brown was very articulate the way she described the situation; am I correct, Mr. Moore?
Back to my question: Is there any way that we can erase that State Police language from the amendment?
I think the reason why I'm a little cautious to erase the language from the amendment is that it's not a validation of their process. The reason that we chose to add that language to the City Code is to recognize that we are not the only entity that has the ability to 56 12/5/07 L&I - 070556 authorize the tow, so it's really to make notice that there is the State Police, and the State Police have their own process and they can authorize tows.
But if you're just concerned about the City establishing a rotation, why do you have to recognize that the State is -- you know, if -- you're contradicting yourself when you're saying the State highways are...
The State owns and operate it but if it's in order to get the rotation done in the City of Philadelphia, why do we have to --
We have no problem with the rotation. You know, we spoke before. We're all for setting up a rotation in the City. The only thing we're concerned about is the State, authorizing the State to select someone.
All right. I have 57 12/5/07 L&I - 070556 to stand with my original position, which I -- I agree and I hear what you're saying with regard to the process the State of Pennsylvania, but really, from the Administration point of view, we just want to make sure that it's identified that there's another authority that has the ability to authorize a tow.
Madam Chairman [sic], I think clearly, in the City of Philadelphia, we want to make decisions for the Philadelphia of Philadelphia, and I think we should stick by our guns and say, We're going to do this legislation with this amendment due to how the city sees fit. But when we're looking outside a window and using a different entity in order to cover up for what we are about to do, I think that is wrong. I think that is wrong if we're getting to write that amendment. I think we need to X out that the State Police 58 12/5/07 L&I - 070556 has the capacity. Let's get away from our private tow companies not dealing with the highways. But are they going to come in here and also contradict -- it's going to give them the power as well to make decisions on our regular City streets, and I think we need that amendment to be stricken from the -- and that to be tabled to another time because it needs to be revised. We're telling the State Police to take over -- I'm going to go on? Fourth and Lehigh, and my car is broken down on Fourth and Lehigh, Lehigh being the State highway, and I'm broke in the middle of Fourth and Lehigh on the 2700 block, and the State Police is going to tell me that I have to use the Parking Authority when I'm on a City street? I think we need to revise that amendment. (Applause.)
This only 59 12/5/07 L&I - 070556 applies to interstate highways. And this bill, for the record, you know, it allows the City to establish a rotational towing list. And, once again, the State supersedes the City of Philadelphia.
But there's certain streets that are considered State highways in the City.
Yeah, but not the interstates. (Indiscernible; parties talking over each other.)
I think we need to be careful with that ending language which says to give the State Police our power for rotation in the City of Philadelphia.
I appreciate your comments and thank you for coming out here this morning. Is there anybody here to testify in addition to the witnesses we just heard on Bill No. 070556? 60 12/5/07 L&I - 070556 (No response.)
Good morning. Please identify yourself for the record.
Good morning. My name is Michael Eudwenko, Abel Automotive Solutions, and I'd like to address the rotation system. I personally have been towing for about 27 years, and I am in favor of a towing rotation system. Rotation towing lists are a simple, practical means of procuring emergency-response towing for law enforcement agencies. First and foremost, you need a statute providing local and state law enforcement agencies with clear authority to use the rotation lists. Next, there would be a clear, concise set of written rules and regulations, a well written rotation policy that eliminates many questions and problems 61 12/5/07 L&I - 070556 regarding the administration of the towing list. In a perfect world, favoritism and nepotism would be prohibited strictly, and prohibition strictly enforced. Upon submission of evidence that favoritism has been shown from one towing company or another, offenders would be subject to severe sanctions for violating the rules. Wreck-chasing, call-jumping would be expressly prohibited. Wreck- chasing is just plain cheating on a rotation system. One of the most important aspects of an ideal towing program would be accurate recordkeeping on the part of the police agency and free access to the information by the towing list participants. Suspicion underlies many towing list disputes. Records would be open and readily available upon reasonable notice to any towing company with a 62 12/5/07 L&I - 070556 question about the administration of the rotation list. Rates would be based on a commercial non-emergency rates. Also, in a perfect system, some type of arbitration or a mediation process when things go wrong. A rotation list participant faced with suspension or expulsion should be entitled to at least the opportunity to respond to the complaint before being removed from the list. Thank you. And if you have any questions, I'd be free to answer.
Thank you for your testimony. Is there anybody on the committee that would like to ask some questions? Any questions from the committee? (No questions.)
Seeing there's no questions from the 63 12/5/07 L&I - 070556 committee, I thank you for taking your time to come in and thank you for your testimony. Is there anybody else here who wishes to testify on Bill No. 070556? (No response.)
Seeing nobody to testify on Bill No. 070556, will the clerk please read the next bill.
Bill No. 070679, an ordinance amending Chapter 10-1200 of the Philadelphia Code, entitled "Posting of Signs," by authorizing officials to issue a single code violation notice for multiple sign violations by the same person in certain circumstances, and making certain technical changes, all under certain terms and conditions. (Witness comes forward.)
We will now hear testimony on Bill No. 070679. Otis, you're back again. 64 12/5/07 L&I Bill 070679
Yes. Good day, Councilman Savage and members of the committee. I am Otis Haigler, Jr. Director of Legislative Affairs for the Department of Licenses and Inspections. Today, I am here to provide testimony on Bill No. 070679, which, if enacted, will amend provisions of the Philadelphia Code related to posting of signs in the right-of-way for the purposes of consolidating the total number of violations into one code violation notice (CVN) or ticket that is issued by the Department. The Department of Licenses and Inspections supports this amendment, as it will streamline the process of citing violations for placing signs on utility poles, trees, or other structures in the public right-of-way. 65 12/5/07 L&I Bill 070679 Also, the bill clarifies that the $75 ticket that is issued pertains to each time that it's in violation of this chapter of the Code. Notwithstanding our support of the intent of the bill, we, however, would like to offer a friendly amendment which we feel will further aid our inspectors with citing violations of the sign prohibition. In the new Subsection b of Section 10-1203, second line, we would like to request that the words "zip code" be replaced with the words "numerical block," as this will make it easier for the inspector to cite the precise location on the ticket of where the prohibited signs are located and, we believe, will assist in processing the tickets. Thank you for the opportunity to provide the Department's testimony. I'll be happy to answer any questions at this time. 66 12/5/07 L&I Bill 070679 I did give a copy of the amendment, I did submit it up.
Yes. We have a copy. Are there any questions from members of the committee? (No questions.)
Is there anyone else here to testify for the amendment? (No response.)
Thank you very much. The clerk will please read the title of the next bill.
Bill No. 070876, an ordinance amending Section 9-618 of the Philadelphia Code, entitled "Sale of Spray Paint Containers, Indelible Markers, and Etching Acid," by requiring proof of lawful age prior to 67 12/5/07 L&I Bill 070876 any purchase of spray paint or indelible marker, by requiring sellers to make a record of such age prior to any sale, and by requiring appropriate programming of electronic equipment to ensure compliance, all under certain terms and conditions.
Thank you. I need not ask for you to state your name for the record, please.
If you will just give me one second so I can find my testimony on that particular bill.
Take your time. Good day, Councilman Savage and members of the committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today, I'm here to provide testimony on Bill No. 070876 which, if 68 12/5/07 L&I Bill 070876 enacted, will amend Section 9-617 of the Philadelphia Code to require that establishments that sell spray paint or indelible markers reprogram their scanning devices in order to verify the age of persons making such purchases. We are in general agreement with the intent of this bill and support its passage in the interests of battling the effects of blight caused by the use of these items in neighborhood throughout the City. Currently, the Department enforces the requirements of Section 17 9-618 to ensure that spray paint is locked away and cannot be readily purchased by anyone within a retail in the City. Through education and enforcement, we have been successful in achieving compliance within the City limits. Problems, however, still exist with the purchase of the prohibited 69 12/5/07 L&I Bill 070876 items since they can still be purchased by minors outside of the City limits or over the Internet, for which we have no control. In addition to the changes made by this amendment to require the programming of the scanning device to register the age of the person making the purchase, we would also recommend increasing fine amounts for establishments found to be in violation from the current maximum of $300 to a Class 3 offense, which eventually will raise the fines for violations in specific increments to a maximum fine of $2,000 by the year 2009. Finally, I would -- I want to advise Council that the provision in the bill that prohibits the issuance of licenses for establishments until they have provided verification that the scanning devices have been programmed in accordance with the bill 70 12/5/07 L&I Bill 070876 cannot be implemented for license renewals until December of 2008 for the year 2009 since the current license renewals for the year 2008 have already been sent due to a December 31st expiration date for the license. That's a technical issue. Bill No. 070679 also gives the Department authority to accept any alternative method other than the programming of the scanning device to determine age verification, and we will take the necessary steps, once the bill is enacted, to craft regulations to define specifically the alternative devices that we will accept to comply with the bill. Thank you for the opportunity to provide the Department's testimony on this bill, and I will be happy to answer any questions. Thank you.
Thank you for your testimony. 71 12/5/07 L&I Bill 070876 The Chair recognizes Councilman Clarke.
Just briefly, first I would like to commend the passage of prior legislation by this Council. I believe Councilman DiCicco may have been the prime sponsor that required the placement and the securing of spray paint, 'cause, as we know, one of the ways of obtaining that in prior years was, kids were essentially going in stores and stealing it.
And taking it out. And we have seen a recent rise in graffiti across the City of Philadelphia, and it may be a national trend, but we're primarily responsible for the City of Philadelphia. 72 12/5/07 L&I Bill 070876 In talking to Mr. Conway, who's responsible for the department that deals with the graffiti, he's acknowledged and indicated through the budget cuts their limitations on their ability to, one, remove the graffiti on a timely basis; but two, to enforce it the way it was in prior years because they no longer have a police unit detail to graffiti and they no 12 longer have the level of staffing in his department that deals with graffiti removal. And so we thought that we would try another process, another program. We have talked to people involved in this issue. We actually have someone here from out of state to testify on this about some of the programs that they have been implementing in other cities. With respects to the licensing issue, you told me earlier that you have already issued licenses for this 73 12/5/07 L&I Bill 070876 fiscal year -- or this calendar year, but this legislation will essentially set an effective date, and then any new license that come in either at determination of the existing license or any new license in general we will hope would be subject to this provision, and we're setting the effective date to get people the opportunity to come in on their own to apply to get one of these scanning devices that will enable them to verify the age of individuals who are purchasing spray paint. Will people decide to go outside the City of Philadelphia to purchase spray paint? Probably so. But we can't take the position that because people will figure out a better way to beat a mouse trap, we still shouldn't put a mouse trap in place, so at the end of the day, we're going to put as many impediments for these individuals who are getting this 74 12/5/07 L&I Bill 070876 spray paint and debasing the City of Philadelphia. So I want to thank you all for your testimony. We look forward to your recommendations on enforcement on this particular matter.
Yes. Thank you. And we will be working with your office to -- again, we're going to crafting regulations that will stipulate how we will enforce this provision once it's enacted into law.
Thank you. Thank you, Mr. Haigler. Thank you, Mr. Chairman.
Thank you. Do you have a cost as to how much it would to put these scanners in place?
I don't know the cost of the scanner. The bill itself does not require -- I want to stress that the bill itself does not require that a place or establishment that 75 12/5/07 L&I Bill 070876 already does not have a scanner has to provide or get one; that's not in the bill. The bill only states that if you have a scanner, that scanner has to be reprogrammed in order so that the clerk would be able to enter in the information related to the age of the individual to determine what the able is. So there is no requirement in the bill itself to actually say that you have to go out and purchase a scanner. But it does state in the bill 16 the Department, in lieu of having a scanning device, the Department would be looking to accept an alternative method for scanning and determining the age of the individuals that are making that purchase. So in our reading of that section, we would have to look at regulations that we're going to promulgate to indicate that if you 76 12/5/07 L&I Bill 070876 don't have a scanner that you may have to go out and purchase some other device, maybe some sort of a card-reading device to read a driver's license card or some other identification -- government-issued identification that we would be able to determine the age of the individual.
Okay. Thank you. Is there any questions from members of the committee? (No questions.)
Is there anybody else here to testify on Bill 21 No. 070876?
I think we have Mary Tracy from SCRUB. (Ms. Tracy not present.)
All right. 77 12/5/07 L&I Bill 070876 Mr. Hills from the National Council to Prevent Delinquency. (Witness comes forward.)
Good morning. Please identify yourself for the record.
Good morning. I'm Bob Hills. I head the National Council to Prevent Delinquency, and I'm the Director of the NCPD Anti-Graffiti Project, and I want to thank you for allowing us to speak this morning. The mission of our anti-graffiti project involves helping governments and community groups in comprehensive anti-graffiti planning and execution. We bring to that task a large database of community anti-graffiti programs and ordinances, a network of government staff members involved in different aspects of graffiti reduction, and considerable experience in providing research, 78 12/5/07 L&I Bill 070876 information, and coordination services to local governments. We've worked with a number of local jurisdictions, including: San Diego, Miami, Boston, Minneapolis, Omaha, Albuquerque, Suffolk County, New York, and Milwaukee. We're currently working with New York City and with Providence, Rhode Island. The subject of this bill, retail restrictions on the sale of potential graffiti instruments, is one with which we have considerable experience through our responsible retailing program. Based on the International Municipal Lawyers Association Model Anti-graffiti Ordinance, this is a compliance education program for retailers in cities that have chosen both a ban on sale to minors and prudent product- display standards. The goal is to prevent illegal purchase or theft of products used by vandals. 79 12/5/07 L&I Bill 070876 A number of the jurisdictions I mentioned, I have both the (indiscernible) type ordinance and a custom type version of our program. Now, with one exception, the bill before the committee today mandates practices similar to those that we recommend to retailers in cities where we work. " whenever an age-restricted product bar code crosses the scanner. And second, for non-electronic checkout, ensure through training, signage, and oversight that checkout personnel comply with a ban on sale to minors. Now, our only concern with the bill, as introduced, is the language requiring the recording of customer personal information at the time an age-restricted product is purchased. D. and entry of a birth date into the checkout computer. We believe that this requirement, in effect, creates a new crime, which is a failure to keep proper records, the policing of which would take valuable time from enforcement and prosecution activities of far greater value in the anti-graffiti effort. Our further concern is that the volume of required recordkeeping would be an estimated 615,000 transactions a year; that's about 1700 a day for spray paint alone. We think that would be unnecessarily disruptive to both the store and to the legitimate customers. As customer registration is quite rare, we have no data on sales impact. However, if a spray paint or marker customer has the choice between 81 12/5/07 L&I Bill 070876 a city or a suburban store, and the city requires that the customer wait for a cabinet to be unlocked to select the product and then wait again at checkout while the clerk records their personal information to be made available to the government, the customer might choose to take that purchase to the suburbs. In the case of spray paint, a customer's total purchase averages about $49 a visit. If only one in ten chooses a suburban store, the losses would be considerable; we estimate about 3 million in sales and about 17 retail jobs per year. Should the committee wish to consider removing the customer registration requirement, I have included a copy of the introduced bill 22 with the necessary deletions bracketed. Now, I'd like to say here, both in defense of the drafters and in 82 12/5/07 L&I Bill 070876 praise of the hearing system, that there was no way for people putting this bill together to have that data. That sales information is -- we have access to market research that is proprietary.
And so that's -- as I say, I -- we like this bill, and I'm not being critical of the drafting of the bill; I'm just saying we had data you didn't, and I guess that's what hearings are for. In closing, I'd like to say that we like a lot of what you do in Philadelphia in regard to graffiti vandalism. We deal regularly with the Managing Director's Office, with Tom Conway primarily, and Philadelphia's at the top of our list of best practices when it comes to abatement programs. Should you wish to strengthen your retailer program by passing this legislation, which we would certainly 83 12/5/07 L&I Bill 070876 promote, we'd be happy to talk with you about the retailer education that should follow on with this. And just one final note: When this goes into effect, I think that the code enforcement is the critical final step in teaching compliance with a law like this. We have just finished a program in Minneapolis, where we put out compliance materials. We had a lot of newspaper coverage, we had letters from the city on two occasions that went to retailers. And at the conclusion of that, this was a -- an emblem model program, ban on sale to minors and prudent display standards. At the end of that, we did a sting of 53 stores, I believe; the sting being, you send in an underage purchaser to check it out. The compliance with that operation, after all of that front end, was only about 76 percent. 84 12/5/07 L&I Bill 070876 Now, at the conclusion of the attempted buy, a ticket was written for $250 to the store for that violation. Shortly thereafter, there was a follow-up of the stores in violation. The number went from, I believe, to 2 in violation; and 9 when the second round of tickets were 10 written and followed up, it went to 11 zero. 12 And so it's important what 13 happens in rooms like this, and it's 14 important what goes into books, but I 15 think that compliance at the launch, 16 that education takes place in the 17 store. 18 Thank you. 19
Thank you 20 for your testimony. 21 Are there any questions from 22 members of the committee? 23 (No questions.) 24
Seeing no 25 questions from members of the 85 12/5/07 L&I Bill 070944 committee, thank you for your testimony.
Is there anybody else here to testify on Bill 7 No. 070876? (No response.)
Seeing there's no one here to testify on Bill 11 No. 070876, will the clerk please read the next bill.
Bill No. 070914, an ordinance amending Chapter 10-200 of the Philadelphia Code, entitled "Ethnic Intimidation and Institutional Vandalism," by adding a section 18 prohibiting the display of symbols of racial animus under certain terms and conditions.
We will now hear testimony on Bill No. 070914. Will the clerk please call the first panel.
Is there someone 86 12/5/07 L&I Bill 070944 here from the Administration to testify? (Witness comes forward.)
My name is Nick Taliaferro. I'm Executive Director of the Philadelphia Commission on Human Relations. And in that capacity, I'm here to stand in support of this particular bill 17 introduced by Councilman Clarke. And you have my testimony written before you. I won't beg the indulgence of your time by reading it all to you again, but I would like to highlight just a couple of things and offer myself to any questions if they would be forthcoming. Currently, the City Code does 87 12/5/07 L&I Bill 070944 not address, we believe, adequately the nature, the significant nature, of the psychological terror imposed by the usage of hate symbols as it stands currently. It simply focuses primarily on the criminal action that can be measured, which is typically physical -- the damage done, the defacement, the physical damage that may be done to someone. But it doesn't address the potential of the hate symbol itself to have existential power beyond the act. Let me clarify, if I could be so -- if I could take just a moment to do so. Hate symbols tend to unite people to the extent that an insignificant act how, like defacing a piece of property, becomes, shall we say, exaggerated when a hate symbol is introduced. People who may not have anything to do with one act will link themselves to the act because of the symbol, falling under the banner of 88 12/5/07 L&I Bill 070944 the symbol. The crime goes exponentially. Whereas, two kids might have done something when they introduced the symbol, hundreds, perhaps even thousands of others, who may have nothing to do with the locale, will link themselves to the criminal enterprise or to the criminal activity, and thereby expand the power of the crime. Secondly, hate symbols tend to evoke longstanding and historical emotional, traumatic memories that, once awakened, bring on a level of trauma and activity in the community that can be negative of themselves. The introduction, for example, of a noose, which some people might regard as the simple tying of a rope, reawakens in the heart of individuals who may have suffered through the tragedy of lynching, memories that have been long buried; but once 89 12/5/07 L&I Bill 070944 revived, now have to be dealt with again, in a public setting. And last, but not least, I would share that hate symbols are acts of terrorism. And I know that that's a loaded word, but let me say "psychological terrorism: A hate symbol introduced into a crime elevates that crime beyond a simple defacement of property or the simple actions of a convoluted and twisted mind to something that connects it to other acts that may have occurred in other places at other times by other people. Because of that, that one simple act then takes on a menacing power that is not inherent in the act; it is inherent in the symbol. So if a child scrawls a swastika on a synagogues, suddenly that one simple act of defacement now takes on the power, the potential power, of the ravages under Hitler's 90 12/5/07 L&I Bill 070944 Third Reich; and as such, it increases the potential impact of one simple act of crime. The code, as it stands, does not allow us to take into consideration the exacerbating power of the use of hate symbols. Therefore, the Commission on Human Relations stands with the Councilman in supporting this bill, hoping that it will be recommended to the full body, and that it might be passed forthwith so that we might so. We would offer one caveat, we would one admonishment, and that is this: That the imposition of punishment, while helpful in deterring, may not be sufficient, and the Commission on Human Relations offers itself as an educational arm, an intervention arm that might assist in helping people to see beyond their prejudices, beyond their bigotry so that the punishment in and of itself 91 12/5/07 L&I Bill 070944 will not be the only thing that will be delivered but that we might also be able to assist them in growing beyond those things that would lead them to such twisted acts.
That being said, I recommend our testimony to you and open myself to any questions that might be forthcoming from this panel.
Thank you for your testimony. Are there any questions from members of the committee? (No questions.)
Seeing that there are no questions from members of the committee, thanks again for your testimony.
We have a series of witnesses to testify on this bill, and we have 'em separated into five panels. Will the clerk please 92 12/5/07 L&I Bill 070944 read the first panel of witnesses.
On Panel 1, we have Paul Solomon, Anthony Ford, Harry Brown, and Jonathan Buie. If any of people are here, would you please come forward. As well as Bruce Crawley if he's here. (Witnesses come forward.)
I'm Bruce Crawley. And I'm a member of the Board of the Technical Assistance for Emergent Contractors and a business owner in the City of Philadelphia.
My name is Paul Solomon, Jr. I'm a member of the International Union Operating Engineers.
My name is 93 12/5/07 L&I Bill 070944 Anthony Fullard. I am the Director of Construction for the Technical Assistance Center.
I'll start. I just want to say I want to lead the dialogue this morning by saying that we are all extremely encouraged that City Council is addressing finally, through this meeting, the whole issue of symbols of blatant and overt racism and racial and ethnic harassment in the workforce, and we're focusing today on the construction workforce, but this is something that transcends the construction industry, and we would hope that you understand that as this is disseminated and hopefully as it is approved and put into place, that it has implications for banks and it has implications for insurance companies and all others kinds of businesses in this city. 94 12/5/07 L&I Bill 070944 I just saw recently there was a noose incident that took place in one of the private schools in the City of Philadelphia. So the halls of academe are not sacrosanct either in this regard. We really do need to make sure that people understand that this is not something that will be condoned. I remember hearing, when the noose was shook in the face of Paul Solomon who's sitting right here, the hoist operator who was working at the Comcast site, I remember hearing that the developer of the building, Liberty Property Trust, the construction management company, Driscoll, and even the named tenant in the building, Comcast, said immediately that they had a no-tolerance policy for any of this. And for years, they never accepted this and automatically would immediately step in and hold people accountable if such things took place 95 12/5/07 L&I Bill 070944 on one of their worksites. They said, for example, that they had taken the perpetrator off the worksite immediately, giving the impression that the person had been fired; in fact, the person who was the perpetrator, the person who made the noose and shook it in Paul's face and who said to him that he felt like hanging somebody that day, that person was simply moved to another location somewhere else in Philadelphia and is probably working as we speak. We need to be able to stop this, and we need to send a real signal, because I think that the people who issued those press releases on that day were being disingenuous. There not a perception, there is not a part of the culture, the business culture of this city that says that we don't condone in any way, shape, or form this kind of overtly racist symbolism or activity, so I'm glad 96 12/5/07 L&I Bill 070944 that City Council is doing this. I just want to make sure that we look at the totality of the symbolism and be aware that when we were out at a demonstration just two weeks ago at the Comcast location, because they had promised to have meetings -- the people in the construction industry had promised to have meetings where they would resolve this and talk about not only that but talk about inclusion of African-Americans and other minorities into their industry. When they didn't have the meetings after 40 days, there was a second demonstration, and what we were demonstrating in front of that building, we walked around 18th Street between Market and JFK, just a few blocks from here, and a truck pulled up behind us on 18th Street that was owned by some of the construction workers on that site, and they had a 97 12/5/07 L&I Bill 070944 Confederate flag on the front of that truck, and they drove that truck up for a specific reason: They intended to intimidate. And so, you know, I saw that you have three symbols specifically identified, but there are others, and I would hope that this legislation includes all of that. I want to make sure, though, that as we do this, that we take away the risk that people are intimidated about reporting these incidents. I'll give you an example again of Paul Solomon.
Paul was the one who had the great courage to step forward and say that this is happening and to remind us all that this is happening every day on construction sites around the City and in corporate offices around the City, but he stepped up when the noose was shook in face. And Paul has not been called forth from his union bench for the 98 12/5/07 L&I Bill 070944 past four or five weeks.
They have said that he is troublemaker. He's the one who had the noose shook in his face, and Paul is the troublemaker. So you see that if -- unless we have some kind of hotline, some anonymous way that people can register these complaints, you have the risk of people being concerned about their livelihood if they step forward and say, "I don't want the swastika, I don't want the noose, I don't want the Confederate flag." There's got to be a way that this information gets into the people who organize that. And, finally, to send a symbol -- because this has gone out -- you know, now that there's an internet, this has gone out all over the country that Philadelphia is one of the cities where nooses are 99 12/5/07 L&I Bill 070944 prevalent, where this kind of overt racism is prevalent. I think that we need to send a signal to remind the people in the City and to remind people in other places who may thing about locating here and doing business here that this is not an accepted part of our culture. And so if this is passed by Council, I would strongly recommend that there by some kind of a public service campaign to let people know that this is not condoned in our city, because up to now, people think that it has been. Thank you very much. And we'd be open to questions. I don't know if any other people of the panel have a comment.