They don't have21 registrations on their vehicles. How22 come this company has municipal tags? We23 got to pay registration fee. I pay 3, 424 hundred dollars a truck every year I25 186 11/16/10 - RULES - BILL 100555, ETC.1 renew my tags to Harrisburg. They don't2 pay nothing. Why? Because you's give it3 to them. You keep giving them. They4 don't even have to use -- not that we do.5 If I'm towing a car and I don't have6 dolly lights on the back, I get pulled7 over by a police officer and all, I get a8 $450 ticket to $600, his discretion.9 Parking Authority, they don't need them.10 They don't have none of them.11 Check -- I would like -- since12 you want to look into -- let's see how13 many incidents we have with the 10,00014 pound trucks and the 12,000 and all. Why15 don't we look into this: Why don't we16 look into our industry, see how many17 accidents we have with tow trucks or18 involving tow trucks, how many cars fall19 off our trucks compared to Parking20 Authority. They're dropping two a day.21 (Applause.)22
Some of them 3023 accidents, two of them are Parking24 Authority. So you want to look into it,25 187 11/16/10 - RULES - BILL 100555, ETC.1 I'd just like to know, for what reason2 are we so strong on giving it to a3 company that does nothing for our city,4 that we had to literally just about sue5 to get them to do what they're supposed6 to? We're taxpaying citizens. We pay7 our taxes, so we're part of the City.8 They pay nothing. They do nothing for9 the City. They don't do nothing they're10 supposed to do. You're giving it to them11 for what reason? I say no, that we all12 should say hold this litigation and do13 not pass this bill. Hold the bill, do14 not let it get out of Committee, because15 it's wrong.16 (Applause.)17
Thank you18 for your testimony.19 Sir, could you please identify20 yourself for the record and proceed with21 your testimony.22 RAFIQ: I'm Rafiq of Rafiq's23 Towing and Auto Repair Service. I just24 wanted to say like Councilman Goode, he25 188 11/16/10 - RULES - BILL 100555, ETC.1 brought up the fact that some parts2 should be amended with the bill and with3 those parts of the bill that my4 constituents brought up as far as we are5 all taxpayers. We all struggled with6 this from the beginning. We're going to7 go back some years when Mayor Street was8 the Mayor in the City of Philadelphia9 when they first realized making money10 from off of tow truck companies when we11 cleaned up the City and we moved a lot of12 the abandoned vehicles in the City, which13 they excluded -- they're trying to14 exclude us from everything now.15 This bill just needs to be16 looked to by the people, the towers, the17 towers that's been here since the18 beginning, and that's all we're asking,19 to get the bill re-amended and address20 certain things. Hold the bill.21
Hi. Good24 afternoon. I have one question. If you25 189 11/16/10 - RULES - BILL 100555, ETC.1 get -- and it's for either one of the2 three. If you get 40 calls a year for3 rotation, what do you do the rest of the4 time?5 RAFIQ: Well, see, all6 companies, we all do different kind of7 towing. Like my main thing is parking8 lot enforcement. I tow vehicles off of9 private properties where my signs is10 posted at. Some people do private11 towing. It's all different type of12 towing.13 As far as the rotation where he14 said he only receives 40 calls within the15 last 18 months, he's really not being16 treated fair, because with their own17 numbers, they said they at least get 3018 accidents a day. So if it's only like 9019 people on the rotation, then he should be20 receiving a call at least once a day.21
Well, it22 depends. I think -- well, if it's23 rotation, I guess it depends on the24 section of the City whether you're going25 190 11/16/10 - RULES - BILL 100555, ETC.1 to get a call a day, but I think -- I was2 told the average is about a call every3 three days.4 (No.)5
But that8 would be, I guess, if the system was9 working the way it should.10 RAFIQ: And I wanted to address11 you as far as you said your AAA. You pay12 for your AAA every year, so you should be13 allowed to use your AAA service. Now,14 you spoke of the fact that like they said15 they would have to move your car right16 away. How much would you have -- do you17 think you would have to pay to move your18 car just to the side of the road? I'm an19 independent contractor. I come out, I'm20 going to have to charge you for that.21
Yeah,22 175.23 RAFIQ: If I tow your car three24 feet, then it's going to be 175.25 191 11/16/10 - RULES - BILL 100555, ETC.1
We know.2 I know. I was just trying to figure out3 a way that we could use AAA and not have4 to pay twice.5 RAFIQ: Right, pay the rest of6 your fee that you already paid.7
Okay. I have9 something to say for Council. Don't you10 think the people being victimized twice?11 One, they're taking their car to Parking12 Authority; two, they have to pay another13 tow company to come get that vehicle and14 bring it back to where it originally had15 to go when it all could have been done in16 one tow? And have --17
If in fact18 the person who towed that car follows the19 rules and regulations that we have in20 place right now. The problem has been21 is, they don't follow the rules and22 regulations. So talk about getting23 victimized twice? Some of these folks24 get victimized three and four times,25 192 11/16/10 - RULES - BILL 100555, ETC.1 because they can't get their car back.2 When I have a situation where I3 get towed on a Saturday at 10 o'clock and4 I get charged $25 for Saturday and at5 12:01 a.m. Sunday I get charged $25 for6 another day and the impoundment lot, the7 private impoundment lot, is closed on8 Sunday and I pick the car up on Monday,9 now I pay another $25 for the third day.10 These are the things that were coming to11 our attention as the abuses. This is12 when the person goes at 2 o'clock in the13 morning to get their car and they won't14 take the credit card because they got to15 go to an ATM machine to get cash. I16 mean, I have a file full of these. And17 I'm glad it's not you doing it. I'm sure18 it's not, because the way you're19 testifying here, you're a legitimate20 businessperson, but I have a file full of21 these abuses that have gone on for a22 decade or more and needed to be23 addressed.24
Okay. We're going to25 193 11/16/10 - RULES - BILL 100555, ETC.1 address those.2
People get3 victimized all the time and we're trying4 to reduce the amount of victimization.5 If we didn't have that victimization, do6 you think I want to sit here for hours7 and hours and deal with this? If we8 didn't have that victimization, we9 wouldn't be here, none of us.10
Well, let me put it11 to you this way: Don't you think it's12 proper to turn around and make the13 consequences for the people that's doing14 it? That's like saying the Philadelphia15 Police Department, you just had a guy16 that turned around and --17
Does that make every23 police officer in the City of24 Philadelphia crooked?25 194 11/16/10 - RULES - BILL 100555, ETC.1
That's not2 the point. If you're a legitimate3 businessperson and you follow the rules,4 none of this is going to affect you.5
I got news for you,6 it don't affect me. I'm here7 representing the people that it's going8 to affect. I tow heavy-duty trucks all9 day long. I mean, what you're talking10 about down here doesn't mean nothing to11 me.12
But the thing is, why14 are you turning around taking away15 somebody's living --16
Okay. Let me put it19 to you another way. If you have people20 that's out here making an honest living21 right now, if you take away their means22 of making a living, what is the only23 other alternative? To turn to crime. If24 they turn to crime, Philadelphia has25 195 11/16/10 - RULES - BILL 100555, ETC.1 another problem. Now you're going to2 say, why did we do that?3 What Council should do is kill4 this bill right now or hold it in5 Committee and get input from people6 that's in the business.7 I have no interest whatsoever8 in this wreck chasing.9 (Applause.)10
And to make it one14 better than that, since I have no15 interest in this wreck chasing, why don't16 Council turn around and sit down with me17 and other people that's from this18 industry and says, Okay, how do we fix19 this problem?20
Basically what's23 happening is, you're going to Parking24 Authority, and what is the City of25 196 11/16/10 - RULES - BILL 100555, ETC.1 Philadelphia getting out of this? The2 only thing you're doing is driving3 businesses out of Philadelphia.4
Do you have9 any additional testimony on the10 amendments?11
You were talking16 about you're doing this because people17 get their cars towed over the weekend on18 a Friday night.19
Hold on one22 second. Okay. This is one issue, but23 you know, giving it to the Parking24 Authority, you could call them yourself,25 197 11/16/10 - RULES - BILL 100555, ETC.1 if they tow a car at 10:30 at night,2 10:30 p.m. tonight, you pick it up at3 1:00 a.m., you pay for two days. 12:014 a.m. starts another day. And I get them5 on the phone. I have -- I'll bring it to6 your office tomorrow. I have it on voice7 record. I voice recorded the8 conversation.9
Then that's18 your opinion. I appreciate it. I19 need --20
I need23 additional testimony on the amendments,24 please, because there's another hearing25 198 11/16/10 - RULES - BILL 100555, ETC.1 that's backing up.2
Why don't you turn3 around and put this thing on hold, and I4 personally will shut my business down to5 come down here to represent these guys6 and then work something out.7
I don't8 want you to shut your business down.9 Any other questions for these10 witnesses?11 (No response.)12
Thank you13 very much for your testimony.14 (Audience members yelling "hold15 it.")16
Councilman,25 199 11/16/10 - RULES - BILL 100555, ETC.1 I will have Lieutenant Healy up here as2 soon as I get rid of these -- as soon as3 I deal with these witnesses.4 (Audience members yelling "get5 rid of you.")6 Councilman -- well, you could7 try that, too. It's up to you.8 Please identify yourself for9 the record and proceed.10
My name is11 Anthony D'Angelo. I own George Smith12 Towing.13
My name is16 Anthony D'Angelo. I'm the owner of17 George Smith Towing.18
First I want to20 comment on the amendment on 710, Bill21 No -- what is that exactly changing?22
The towing2 signs. The industry that we very rarely3 talk to has --4
Well, we7 changed the amount -- you were in my8 office.9
What do you12 mean you tried to talk to me for months13 but you're in my office and you tell me14 you can't talk to me?15
We changed,25 201 11/16/10 - RULES - BILL 100555, ETC.1 at the industry's request, we changed the2 signage, because you could not get the3 amount of letters that we were requiring4 on the sign without changing all of your5 signs. So in an effort to save money for6 the people who were towing off of private7 property, we're eliminating the signage8 requirements to be changed, which will9 save, I think, companies like yours a10 considerable sum of money not having to11 change the signs.12
According18 to this legislation, no, other than19 taking off the "cash only."20
Okay. We23 had sent a letter to all licensed tow24 companies explaining --25 202 11/16/10 - RULES - BILL 100555, ETC.1
I know. I'm not2 clear on that. I'm asking, do I still3 have to put hours of operation?4
That's still7 going to cost me thousands of dollars to8 do that, time and manpower.9
I understand12 that. It's still going to cost me13 thousands of dollars --14
Yes, I did.17 It's going to cost me an unreasonable18 amount of money and manpower. I'm asking19 if we could just put up a sign at our20 place of business with the same things on21 it, just like the Parking Authority does,22 instead of me putting these changes on23 thousands of signs. That's what I'm24 asking for. That's only reasonable.25 203 11/16/10 - RULES - BILL 100555, ETC.1
I'm a small3 business. I can't afford thousands. The4 law was enacted as of Friday. There's5 many things wrong. I've already had6 problems, and I wrote you a letter about7 that, that the City agencies aren't8 coordinated. The police didn't know9 about it Friday. The Parking Authority10 has their little area they go in. They11 won't believe it. My business is already12 being affected. I'll be laying people13 off within a week. What do you think14 about that? I'm a small businessperson.15
This law is17 hurting the small businessperson.18 (Applause.)19
I want you to go25 204 11/16/10 - RULES - BILL 100555, ETC.1 after the companies that are doing the2 wrong thing, not the companies that are3 doing the right thing.4
I am5 listening to what you're saying. You6 have testimony relative to the7 amendments? Do you have testimony to the8 amendments? This is the bill we're on.9
If anybody could14 hear that, please.15 For 536, I just have --16 everybody who spoke before me, I thought17 they did a pretty good job, Mr. White18 especially, very good. I have one19 question about the Bill 536. If this law20 goes into effect, are they going to open21 up the highways to the private tow22 companies or is it just going to be the23 Parking Authority, the way it is now?24 (Applause.)25 205 11/16/10 - RULES - BILL 100555, ETC.1
I mean,2 what I would suggest you to do is, you3 talk to your State Representative or4 State Senator, because that's who gave5 them the authority, not the City of6 Philadelphia. State Legislature gave the7 authority to the Parking Authority to tow8 from interstate highways. We had nothing9 to do with it. We can't change it, and10 we didn't do it.11
Thank you14 very much.15 Sir, we have -- we're backing16 up another hearing and you've testified17 already.18
My name Alphonzo Lee,23 Heat Wave Towing and Recovery.24 We're going to go with case25 206 11/16/10 - RULES - BILL 100555, ETC.1 history like Florida and different2 states. Do you know how many hundreds of3 millions of dollars is being lost here4 every day from lost wages, down time in5 traffic, lost fuel costs and everything?6 The wreck chasers get to an accident7 scene and clear the scene faster than8 Parking Authority can get out there.9 That's in -- and the bad part about it10 is, if you noticed since all this stuff11 has taken place in the last couple of12 years, there's more congestion in the13 City of Philadelphia and the highways are14 tied up more.15 Now, if Council can't see that16 how many millions of dollars it's costing17 the City, something is wrong.18
As a result21 of testimony today, there will be an22 additional amendment to this bill23 reverting back to the original 10,00024 pounds GVW in anticipation of additional25 207 11/16/10 - RULES - BILL 100555, ETC.1 information that will be coming from the2 City Administration relative to the3 questions asked during the hearing. So4 when we do the amendments to this bill,5 the 16,000 pounds is being reverted back6 to 10,000 pounds, at the request of many7 of the witnesses, and we'll have further8 discussion going forward as to whether9 that stays at 10,000 or whether or not10 that gets increased. But at this point11 in time, the approval of the amendments12 will include a reduction in gross vehicle13 weight from 16 to 10.14 Is there anyone else to15 testify?16 (No response.)17
Seeing18 none, that will conclude our public19 hearing. We will now convene a public20 meeting.21 The Chair recognizes22 Councilmember Goode for a motion to23 approve the amendment to Bill No. 100555.24
Thank you,25 208 11/16/10 - RULES - BILL 100555, ETC.1 Mr. Chairman. I move the amendment to2 Bill 100555 be approved.3 (Duly seconded.)4
It's been5 moved and seconded.6 All in favor?7 (Aye.)8
There are9 none opposed. Bill No. 100555 will be10 amended accordingly.11 The Chair recognizes Councilman12 Goode on the amended bill.13
Thank you,14 Mr. Chairman. I move that Bill 100555,15 as amended, be reported out of the16 Committee with a favorable recommendation17 and the rules of Council be suspended so18 as to permit first reading at our next19 Council session.20 (Duly seconded.)21
Moved and22 seconded.23 All in favor?24 (Aye.)25 209 11/16/10 - RULES - BILL 100555, ETC.1
There are2 none opposed. Bill No. 100555, as3 amended, reported out of this Committee4 favorably and the request for rules5 suspension to allow for first reading at6 our next Council session.7 The Chair recognizes8 Councilmember Greenlee for a motion to9 approve the amendment to Bill No. 100556.10
Thank11 you, Mr. Chairman. I move the approval12 of the amendment to Bill No. 100556.13 (Duly seconded.)14
It's been15 moved and seconded.16 All in favor?17 (Aye.)18
There are19 none opposed. Bill No. 100556 will be20 amended accordingly.21 The Chair recognizes22 Councilmember Greenlee on the amended23 bill.24
Thank25 210 11/16/10 - RULES - BILL 100555, ETC.1 you, Mr. Chairman. I move that Bill No.2 100556, as amended, be reported out of3 this Committee with a favorable4 recommendation and that the rules of5 Council be suspended to allow for first6 reading at our next session of Council.7 (Duly seconded.)8
There are13 none opposed. Bill No. 100556, as14 amended, reported out of this Committee15 with a favorable recommendation and a16 request made for rules suspension to17 allow first reading at our next Council18 session.19 Bill No. 100656 will be held at20 the request of the sponsor to a date21 certain of November 29th, 2010 at 10:0022 a.m. in this room.23 The Chair recognizes24 Councilmember Miller for a motion on Bill25 211 11/16/10 - RULES - BILL 100555, ETC.1 No. 100673.2
Thank3 you, Mr. Chair. I move that Bill No.4 100673 be reported out of this Committee5 with a favorable recommendation and6 further move that the rules of Council be7 suspended so as to permit first reading8 at our next session.9 (Duly seconded.)10
There are15 none opposed. Bill No. 100673 reported16 out of this Committee with a favorable17 recommendation and a request made for18 rules suspension to allow first reading19 at our next Council session.20 The Chair recognizes21 Councilmember DiCicco on a motion to22 approve the amendments to Bill No.23 100536.24 COUNCILMAN DiCICCO: Thank you,25 212 11/16/10 - RULES - BILL 100555, ETC.1 Mr. Chairman. I move that the amendments2 to Bill 100536 be reported out of this3 Committee with a favorable4 recommendation.5 (Duly seconded.)6
And a7 request -- I'm sorry; the amendment. I'm8 sorry.9 It's been moved and seconded.10 All in favor?11 (Aye.)12
One opposed16 on the amendments, Councilman Clarke.17 One opposition. The motion on the18 amendment passes.19 The Chair recognizes20 Councilmember DiCicco on a motion for the21 amended bill.22 COUNCILMAN DiCICCO: Thank you,23 Mr. Chairman. I move that Bill No.24 100536, as amended, be reported out of25 213 11/16/10 - RULES - BILL 100555, ETC.1 this Committee with a favorable2 recommendation, that the rules of Council3 be suspended.4 (Duly seconded.)5
There are10 none opposed -- are you opposed to the11 movement of the bill?12
Councilman14 Clarke is opposed to the movement of the15 bill. Therefore, it passes. Bill No.16 100536, as amended, reported out of this17 Committee with a favorable recommendation18 and a request made for rules suspension19 to allow first reading at our next20 Council session.21 The Chair recognizes22 Councilmember Clarke on a motion to23 approve Bill No. 100710.24
Thank you,25 214 11/16/10 - RULES - BILL 100555, ETC.1 Mr. Chair. Mr. Chair, I move for a2 motion on Bill No. 100710.3
A motion4 has been made to approve Bill 100710. Is5 there a second?6 (Duly seconded.)7
And there8 is a request for a rules suspension. Is9 there a second?10 (Duly seconded.)11
There are16 none opposed. Bill No. 100710 reported17 out of this Committee with a favorable18 recommendation and a request made for19 rules suspension to allow for first20 reading at our next Council session.21 That will conclude the business22 of the Rules Committee -- I'm sorry.23 I'm sorry. The Chair24 recognizes Councilmember Clarke on a25 215 11/16/10 - RULES - BILL 100555, ETC.1 motion to amend Bill No. 100656.2
The Chair5 recognizes Councilmember Clarke for a6 motion.7
Thank you,8 Mr. Chair. Mr. Chair, Bill No. 100709 is9 currently pending in Rules Committee. It10 is scheduled for a hearing on November11 the 29th. At this time, I would like to12 offer a substitute to the bill's13 attachment entitled Exhibit A. This14 attachment will replace the currently15 attached Exhibit A, which will be deleted16 in its entirety.17 (Duly seconded.)18
I've gotten21 clearance from the Law Department that22 this is well within --23
Moved and24 seconded.25 216 11/16/10 - RULES - BILL 100555, ETC.1 All in favor?2 (Aye.)3
There are4 none opposed. Councilmember Clarke's5 motion passes and will not be repeated,6 but make sure the record is clear.7 Thank you.8 (Committee on Rules concluded9 at 1:15 p.m.)10 - - -11 12 13 14 15 16 17 18 19 20 21 22 23 24 217 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on November 16, 2010, and7 that this is a true and correct transcript of8 same.9 10 11 12 13 --------------------14 MICHELE L. MURPHY15 RPR-Notary Public16 17 18 19 (The foregoing certification of this20 transcript does not apply to any reproduction21 of the same by any means, unless under the22 direct control and/or supervision of the23 certifying reporter.)24 25