COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING COMMITTEE ON STREETS AND SERVICES - - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, May 26, 2004 2:10 P.M. - - - - BILLS 040265, 040335, 040337, 040338, 040339, 040340, 040341, 040364, 040366, 040368, 040370, 040371, 040399, 040400, 040425, 040431, 040463, 040464, 040469, 040471, 040497, 040499, 040502, 040504, 040505, 040507, 040509, 040510, 040511, 040512, 040513, 040515, 040516, 040517, 040518, 040522, 040523. PRESENT: COUNCILMAN FRANK DICICCO, Chair COUNCILMAN DAVID COHEN COUNCILMAN JUAN RAMOS COUNCILMAN MICHAEL NUTTER COUNCILMAN RICHARD MARIANO COUNCILMAN FRANK RIZZO COUNCILWOMAN DONNA REED MILLER COUNCILMAN DARRELL CLARKE COUNCILWOMAN JANNIE BLACKWELL - - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 I N D E X BILL 040366 FRANCIS HEALY, Police Dept........... RANDY HOFER, Impact Services......... MR. FENERTY, Parking Authority....... 20 TOM FORKIN, American Street Erie Avenue Business Association............. 27 VALERIE LEWIS, Hunting Park.......... 28 SHARON WHALEY........................ 29 BILL 040400 OTIS HAIGLER, JR., L&I............... 39 BOB PIERSON, Farm to City............ 40 CHRISTINA PERELLO.................... 44 MONA SUTNICK......................... 45 BRIDGET CROOK........................ 47 BILL 040364 OTIS HAIGLER, JR., L&I............... 55 BILL 040471 MR. FENERTY, Parking Authority....... 58 BILL 040370 OTIS HAIGLER, JR., L&I............... 75 BILL 040371 CHARLES DENNY, Streets Dept.......... 78 BILL 040646 CHARLES DENNY, Streets Dept.......... 80 BILL 040517 CHARLES DENNY, Streets Dept.......... 81 BILL 040340 PAUL MCCLOSKEY, Water Dept........... 90 BILL 040265 PAUL LONIE, Streets Dept............. 98 MARGARET O'SHEA CAPLAN, VA Medical Center........................... 99 3 I N D E X (cont.'d) BILL 040497 PAGE WILLIAM MAUTZ, Streets Dept.......... 102 ADAM LAVER, ESQ...................... 104 ANDREW MARSHALL, Campus Technolgies.. 105 BILL 040503 WILLIAM MAUTZ, Streets Dept.......... 110 TOM FORKIN, Mayfair CDC.............. 112 BILL 040509 PAUL LONIE, Streets Dept............. 113 BILL 040341 PAUL MCCLOSKEY, Water Dept........... 115 BILL 040469 PAUL MCCLOSKEY, Water Dept........... 116 BILL 040335 WILLIAM MAUTZ, Streets Dept.......... 119 BILL 040339 WILLIAM MAUTZ, Streets Dept.......... 121 BILL 040368 WILLIAM MAUTZ, Streets Dept.......... 122 BILL 040399 WILLIAM MAUTZ, Streets Dept.......... 124 BILL 040425 WILLIAM MAUTZ, Streets Dept.......... 125 BILL 040431 WILLIAM MAUTZ, Streets Dept.......... 126 BILL 040502 WILLIAM MAUTZ, Streets Dept.......... 128 BILL 040504 WILLIAM MAUTZ, Streets Dept.......... 129 4 I N D E X (cont'd) BILL 040513 WILLIAM MAUTZ, Streets Dept.......... 131 BILL 040515 WILLIAM MAUTZ, Streets Dept.......... 132 BILL 040516 WILLIAM MAUTZ, Streets Dept.......... 133 BILL 040518 WILLIAM MAUTZ, Streets Dept.......... 135 BILL 040523 PAUL LONIE, Streets Dept............. 136 BILL 040337 PAUL LONIE, Streets Dept............. 139 MARTIN SOFFER, City Planning......... 139 BILL 040338 PAUL LONIE, Streets Dept............. 141 MARTIN SOFFER, City Planning......... 141 BILL 040463 PAUL LONIE, Streets Dept............. 143 MARTIN SOFFER, City Planning......... 144 BILL 040499 PAUL LONIE, Streets Dept............. 145 MARTIN SOFFER, City Planning......... 145 BILL 040505 PAUL LONIE, Streets Dept............. 147 MARTIN SOFFER, City Planning......... 148 BILL 040510 PAUL LONIE, Streets Dept............. 151 MARTIN SOFFER, City Planning......... 151 BILL 040512 PAUL LONIE, Streets Dept............. 153 MARTIN SOFFER, City Planning......... 153 BILL 040522 PAUL LONIE, Streets Dept............. 155 MARTIN SOFFER, City Planning......... 156 5 05/26/04 - STREETS - BILL 040366
Good afternoon, everyone. The Committee on Streets and Services is now in session. Committee Members who are present, we have a quorum, to my left is Councilman Cohen; Vice Chair of the Committee, Councilman Ramos; Councilman Michael Nutter; myself, the Chair of the Committee, Frank DiCicco. The Clerk will read the title of the first bill.
Bill No. 0403666, an ordinance amending Section 10-608 of the Philadelphia Code, which provides for the impoundment of vehicles used in the solicitation of prostitution and related offenses, by also providing for the impoundment of a trailer or other load being towed by a vehicle used in the commission of such offenses, and by adding various enforcement and administrative provisions, including having the Philadelphia Parking Authority act as the towing and storage agent for impounded vehicles and loads; all under certain terms and conditions. 6 05/26/04 - STREETS - BILL 040366
Thank you. Any of the witnesses who will be testifying, please come to the witness table at this time. The Parking Authority and Police Department will be the first two witnesses. Let the record note that Councilman Mariano who is the sponsor of the bill is present. Although he is not a member of this Committee, he is here today as well. Gentlemen, decide among yourselves who will proceed with the testimony first. And then please identify yourself for the record and proceed.
Good morning, Councilman Mariano and Members of the City Council's Committee on Streets and Services. My name is Francis Healy, Special Advisor to Police Commissioner Johnson, and I am here today as his personal representative. First, thank you for allowing me to speak on such an important topic that clearly undermines the quality of life in far too many neighborhoods throughout our City. 7 05/26/04 - STREETS - BILL 040366 Prostitution and the resulting urban decay and stress it creates among our neighbors have always been a major concern of Commissioner Johnson as well as the Philadelphia Police Department. As everyone knows, the Police Department is charged with the task of enforcing the laws in this area. However, as we found throughout the years, enforcement alone is never the answer. Enforcement has not improved the quality of life in those neighborhoods so affected by prostitution to date. Again and again we have returned to the same location only to make the same number of arrests. Criminal enforcement without help is not the answer. The answer, we believe as the Police Department, lies in increasing the risks. For to truly impact on the flow of persons who patronize prostitutes, the risk of engaging in this type of behavior must outweigh any perceived benefits. Regrettably, to too many in this City, the criminal sanctions are just not enough of a deterrent. This is why the Philadelphia Police 8 05/26/04 - STREETS - BILL 040366 Department fully supports the intent of the amendments to Section 10-608 of the City Code. We believe that expanding the impoundment provisions will have a synergetic effect upon the criminal enforcement thereby escalating the risk both legal and financial of engaging in solicitation. Therefore, this amendment should help begin to tip the scales in our favor. While the Police Department cannot comment directly on the amendments regarding Philadelphia Parking Authority, we believe that this amendment is yet another step in a concerted effort to eradicate prostitution in Philadelphia and we applaud and appreciate the efforts of City Council in this regard. This concludes the testimony of the Police Department, and I welcome any questions at this time.
Thank you. At this time, I'd like for the other gentleman next to you to give his testimony. Do you have testimony, sir?
And then we'll open it up for questions. Please identify yourself for the record and proceed with your testimony.
My name is Randy Hofer from Impact Service and I also represent the Kensington and Allegheny Business Association, so I'm here on behalf of the President of the Association to basically support every effort that Councilman Mariano is going with this ordinance. We spoke on the first ordinance 13 with the situation involving the Philadelphia cable television posting, video, and the names and we support this also. Anything that can be done to help the area of Kensington/Allegheny from businesses with the effect of prostitution it involves the activity of the perspective customers up and down the Avenue at all ours. We also support the quality of life in the area to how to revitalization right now. Also looking at the housing area and the surrounding the blocks of Kensington Avenue. So the Business Association Had a meeting on this also and the 10 05/26/04 - STREETS - BILL 040366 members there also stress strong support for anything that can help clear up, clean up, and continue moving forward with any progress involving the prostitution and the situation involving the drugs related to that and also impounding of the vehicles as this ordinance 8 is being read today. Thank you.
Thank you. Let the record also reflect that Councilman Rizzo who is a member of the Committee is now present Is someone from the Parking Authority scheduled to be here?
Yes, Councilman. Ed said he's walking in the door. I don't know which door.
Any questions of these witnesses at this time? Councilman Cohen.
It's been some time since this bill has been talked about. I was wondering whether there's been any impact of any kind felt in the area you were discussing, Kensington and Allegheny. Is 11 05/26/04 - STREETS - BILL 040366 there any change, better or for worse?
Councilman, if I can answer you and then he can. I still live in the neighborhood. We had hearings a couple weeks ago when the other bill about putting the pictures on television. Since then and as the weather gets warmer and it stays warmer, we could ride up there right now and I could probably pick you a handful of prostitutes our for you. The nicer the weather is, it never stops. It might slow down when it rains or snows, but right now -- they were out there this morning when I came to work. They were out there the other night when I came home late and last night when I came home at 7 o'clock. It seems it's never stopping. They can respond to that, but it's there. It's client driven. If we get rid of the demand like we're trying to do, possible the supply dries up.
One of the positive points right now is that the whole area involving businesses and the residents are totally ready to take this challenge on and 12 05/26/04 - STREETS - BILL 040366 it's a major topic at all of our business meetings. And I believe this is really going to help because it's going to be like a no 5 tolerance zone is going to be created on the Avenue. We have a festival coming up June 12th, and it's going to be cleaned up. The area is getting repaved right now all along Kensington Avenue. I just think it's a great time for all of this to be working together and the businesses and residents are united to take this position.
I'd like to note for the record in case of any my constituents are listening to this testimony that it's certainly not the intent of this legislation or the sponsors that it would be just directed to one particular neighborhood in the City. This is a City-wide effort. We've had problems in South Philadelphia, especially along South Broad Street for a long time. It kind of went away for a while, not completely but was minimized. And Councilman Kenney, you probably read years ago, he used 13 05/26/04 - STREETS - BILL 040366 to literally do the prostitution patrol. He literally would drive up and down Broad Street at night and flash the light on them and the prostitutes would try to get him off there. What I've noticed in the last month or so since there's a concentrated effort or an increased effort in the Kensington Avenue area is that in South Philadelphia along Broad Street the numbers are prostitutes is going up. So we know the history of this. It's just like the drug dealers. You move them off one corner, they'll move to another. It all follows each other around. So unless we do this as a no tolerance City-wide I think we are just spinning our wheels. We have been for a long time. So I just wanted that for the record in case have any of my constituents are listening. In fact, I have a meeting tomorrow night that deals with this very problem in South Philadelphia. Let the record also note that Councilwoman Donna Reed Miller is here. She is also a member of this Committee. Councilman Rizzo. 14 05/26/04 - STREETS - BILL 040366
I guess I'll ask my question to the Police Department. Sergeant, how you doing?
Counselor -- so everybody knows, you're a lawyer too, right, Sarge?
Police officer first and then an attorney. Congratulations. That's a great accomplishment.
What in the process of confiscating a vehicle for soliciting a prostitute, the vehicle then is -- explain the process. Would an immediate search of the vehicle -- what if they found a weapon or drugs in the vehicle that they confiscated? What will happen?
As one of the exceptions to the warrant requirement, any vehicle that's impounded is routinely inventoried just to 15 05/26/04 - STREETS - BILL 040366 make sure that we can safeguard anything that would be valuable in the car. In that process, should any contraband or illegal substances be found, they would be confiscated by the police and the individuals arrested for possession of whatever it is, illegal guns, drugs, or whatever the case may be.
Does that happen on the scene or does it happen after the vehicle towed away?
It would most likely happen after the vehicle is towed away because there may be -- it all depends. If the vehicle is inventory on scene with the individual there, an arrest could be immediate. If the individual's already being processed for the prostitution elsewhere and the vehicle is inventoried at a different a location, a warrant would probably be the safest bet.
Being realistic, that scenario sounds like it has a flaw in it. It sounds like the chain the custody that you guys always talk about, the minute that that 16 05/26/04 - STREETS - BILL 040366 car leaves the scene and it's taken to an impounding lot and a weapon or drugs would be found, don't you think it would be very difficult to prosecute someone at that point?
We do it regularly. A lot of the cars that are brought to the impound lot on other issues, owners are prosecuted for possession of whatever contraband's in the car. The most important think for us as a law enforcement agency is to prove the chain of custody. The cars are transported, they're in our custody from Point A to Point B. It's not as if we put them into an independent salvers type of situation where there could be some doubt as to who possessed the vehicle.
Would it be difficult, Sergeant, to have a process where that would happen at the scene before the vehicle leaves the location of the arrest?
Nothing is impossible. But it may be extremely difficult. A lot of these things are done as sting operations in certain locations. So what you have may have 17 05/26/04 - STREETS - BILL 040366 is you may have four or five people being arrested at one time. And for us to hold up the processing of the prisoners until we can get enough either tow trucks to move the cars or whatever the case may be, maybe actually not in the best police officer safety issue. We want to get people off the street once they're arrested, get them off the street immediately.
I'm not suggesting that be delayed. I'm talking about you stop the vehicle, a person is arrested for solicitation, and before the vehicle is towed away or driven away, whatever, don't you think it would make your case tighter --
Sure. Without a doubt it does. The problem is when we have these stings, we don't want to do that right then and there because that kind of interferes the sting.
If we could afford te manpower to have other police officers present 18 05/26/04 - STREETS - BILL 040366 to do the inventory search right then and there, yes. But the cars will ultimately be inventoried again when they get to the impound lot just for safety sake, in case there are valuables in the car that could end up missing eventually. So a lot of times the contraband isn't in open places. A lot of times guns ans stuff are under the seat. And on the scene, the officers probably wouldn't -- they may, but they may not have the full time to do a full detailed search looking in the car because the inventory search is really not a search for weapons or contraband. The purpose of that search is just for valuables that could be easily removed from the car. So we're not going to take the car apart and do that type of stuff. If things are in plain view pretty much in the seats and all that stuff and if the trunk is secure, there's no 21 reason to go into the trunk, per se.
And these vehicles will be handled only by the Police Department and taken to a secure Police Department facility? 19 05/26/04 - STREETS - BILL 040366
I believe that's how they're now done now. Under the proposal, I believe the Parking Authority is going to be -- that would undermine --
That would be a problem to prosecute anything found by -- if the Parking Authority impound something, does an inventory search.
Then I really encourage that the process be that the vehicle is inspected before it's turned over to the Parking Authority, because the last thing you want is a gun going to the impound lot or a couple bags of cocaine.
I would appreciate if you could, if it's okay with the sponsor of the legislation.
I'll work out with vice to see exactly how the process they use to make sure the impound is done as soon as 20 05/26/04 - STREETS - BILL 040366 possible before any vehicle leaves our custody.
Thank you. Any other questions for these witnesses from the Committee? (No response.)
Gentlemen, it might be easier if you just take a seat on this side of the rail in case you need to come back up. I understand the Parking Authority is next to testify. You were late because you were out quarters, is that correct?
Just to get off of this bill for a moment, Councilwoman Miller, all the meters in the City are now set up to accept the smart card, is that correct? 21 05/26/04 - STREETS - BILL 040366
Someone had told me they weren't -- I guess when you started installing whatever it is you did to the meters, you did it in Center City and worked out?
We started in Center City, primarily in Center City, and then went to the outlying areas. They've all been done since November.
And what it is, the old meters are gone. They look the same. Inside the meters, Councilwoman, they're all electronic. There are no more springs. You actually cab see how much time us on it and how much time has elapsed since the meter's last been paid.
Twenty. A $20 smart card, and what it is 25 cent intervals, when 22 05/26/04 - STREETS - BILL 040366 you put the card in it clicks it off to a maximum that that meter would except or to what you want to put in. If you only want an hour, you would click a dollar off.
Thank you. Mr. Fenerty, do you have prepared testimony?
I just want to know how they're going to handle the cars. I think Councilman Rizzo --
Well, Councilman Rizzo, why don't you follow-up on your question to Fran.
My concern, Mr. Fenerty was that -- and I learned late in the conversation that presently the police Department, when they tow a vehicle, do a vehicle search by officers. And I was concerned that when we arrest a person soliciting a prostitute that in that vehicle 23 05/26/04 - STREETS - BILL 040366 there could be drugs, there could be guns and any other contraband. And I think the sergeant realizes where I was heading with this. That search should be conducted by police prior to that vehicle being taken away by the Parking Authority, because the last thing you want is a live gun.
The program would be done the same way as Live Stop Program. Currently, when a vehicle is taken for Live Stop, the police officer on the scene does an inventory of what's in the vehicle. The Parking Authority tow driver then does the same inventory. They concur each other before the vehicle is taken. There is a search of each vehicle done for contraband, for firearms, for any type of weapons that may be in there on the scene of the Live Stop. The same thing would be done for a towing of a john's car.
Good afternoon 24 05/26/04 - STREETS - BILL 040366 again. So these vehicles, if the owners don't come and get these within 30 days, do these also end up on the auction lot?
Yes, they would. It would be exactly the same procedure. When I had initially spoke to Councilman Mariano about this, there would be no additional cost to the Parking Authority, no additional employees to do this. It would just be additional tow duties by the current drivers that are there. At any time during the day, we have drivers who are not on assignment which may be waiting for assignment for a Live Stop. There's always a little bit of down time. For the amount of tows that would come from this program, there would be no direct cost at all of any type.
What would happen, when the vehicle is impounded, there's a $300 citation would be given to the owner which would have to be paid prior to the vehicle being released. Also, the towing cost which 25 05/26/04 - STREETS - BILL 040366 is currently $100 as outlined under Section 3 12-2400 of the Code, plus the storage fees would incur, the same with any tow, the same guideline.
If the person, if the john is not the owner of the vehicle, what happens?
If the john is not the owner of the vehicle, the owner of the vehicle can claim the vehicle, but it would be according to how we want to follow the ordinance, how the ordinance would be proscribed. The $300 ticket would have to be paid. We look at it as the $300 would have to be paid. That $300, if we collect of them 17 or or 200 in a month would be a separate 18 fund and it would be turned over to the City 19 separately than the other money. That's a 20 direct turnover to the City. I believe the 21 ordinance says goes to the fund to fight this 22 type of crime. 23
And those tow 25 truck drivers are available 24 hours a day? 26 1 05/26/04 - STREETS - BILL 040366
Yes, 24 hours a day, 365 days a year. They work Christmas, everything.
Any other questions for these witnesses from the Committee? (No response.)
Let the record note that Councilman Clarke is also a member of this Committee and he is now present. Thank you, Mr. Fenerty.
Councilman, I have one thing to add. We would follow the same guidelines as Live Stop. There would be a response. A tow truck is there in minutes 17 or less. It will be no problem. 18
This is Carl Zigler, he's the Director of Enforcement at the Parking Authority. He would be in charge of the program.
Any questions for these witnesses from the Committee? 27 05/26/04 - STREETS - BILL 040366 Councilman Mariano?
Thank you. If you're here to testify on this bill, would you please see that young gentleman who is coming across floor now. Give him your name so we can call you up in the order in which you're on. Good afternoon. Please identify yourself for the record and proceed with your testimony.
Good afternoon, Mr. Chairman. My name is Tom Forkin. I'm the current President of the American Street Erie Avenue Business Association. I actually don't have any prepared testimony. I was here for another bill. But our Association is taking an active interest in Councilman Mariano's bill. Our members are impacted by the prostitution at Kensington and Allegheny, on Kensington Avenue, and they've asked us to testify today in support of Councilman Mariano's bill as a pilot project which hopefully could spread out to other 28 05/26/04 - STREETS - BILL 040366 areas of the City. We believe it will improve the quality of life, we would lower crime and help our business owners remain active in the adjacent American Street corridor. Thank you, Madam Chair.
Valerie Lewis and Sharon Whaley, please approach the witness table. Good afternoon, ladies. Please identify yourself for the record and proceed with your testimony.
Hi. My name is Valerie Lewis, and I represent the Hunting Park section of Philadelphia. We wholeheartedly support the bill, the community, everyone. We have also experienced an increase since this thing has started with the pictures and everything. Our area has also -- we've been seeing an increase in the prostitution and the transvestites since this whole thing has gone about. And we feel anything that can be done, 29 05/26/04 - STREETS - BILL 040366 we would like to support it if it helps. And I agree with you also that it needs to be City-wide because if it doesn't, it's just going to go from one area, it's going to go back and forth to whatever area is not taken care of.
My name is Sharon Whaley, I live in the 1300 block of Colwyn Street. My mother's home is in the 4000 block of Old York Road. I was just recently at a community meeting, and I was telling the 25th District of the problems that we consistently have since the weather changed. Since the police are out in full force, we have a squeeze factor going on where the prostitutes are leaving one area and coming into another. We have just problems. Our quality of life is just diminishing. We have working class people that are fighting just to keep their homes as nice as possible. It feels like a losing battle. Now, taking the cars from the johns 30 05/26/04 - STREETS - BILL 040366 would be a really good idea, but I'm not sure that's that all we can do. We still need more help. We're just not getting enough help. At this point, the police are out but they're not seeing everything that's going on. On Saturday night, we had a traffic jam for the prostitutes holding up the traffic on Old York Road. This is unacceptable. People get up and go to church on Sunday morning. But we're not having this because we're not getting all that we need done in our area. And I'm sure it's not just us, I'm sure it's all over the City. So we're feeling like we're losing.
I agree and I understand your plight. I live in South Philadelphia. I represent an area from Oregon Avenue along the river all the way up to just below the Oxford Circle, so I have a very diverse community. Prostitution, some people refer to as the oldest enterprise known to mankind, knows no boundaries. It will appear in the poorest neighborhoods, in the wealthiest 31 05/26/04 - STREETS - BILL 040366 neighborhoods, and everywhere else in between. I agree that I think that even our best efforts with this bill, we're still going to have some problems. It's not going to go away overnight, again, because this has been going on a couple thousand years. I think -- and I'm probably going to get myself in a little bit of trouble, but at some point in time as legislators, whether it be at the City, the local level or the state level, we really need to think about a way in which we can, for lack of a better word, legalize this and create areas where this kind of activity, which is going to go on whether we like it or not, is at least controlled to some degree. That's not a very popular statement I made, but I think we need at some point to have the personal fortitude to figure something out and look at this and deal with the religious organizations and those who will certainly oppose it because it's a losing battle. I'm hopeful that we get some relief, and I think we will out of this, but I believe 32 05/26/04 - STREETS - BILL 040366 it will just keep moving. I don't mean to discredit this bill because I'm supporting ing, but we need to go beyond this. So at some point we have to bite the bullet and figure out what we can do and look to other countries and how they do in other municipalities. It will never go away completely under those circumstances, but it certainly, I think, will reduce it. Councilman Ramos.
Ma'am, you said that this activity was holding up traffic at Old York Road and what street?
It was at Old York Road between and -- between Pike and Luzerne. It's a bridge there and it's dark in that area.
Very familiar with that. I've gotten a number of complaints and I've called them into the police. And while you're here, I'm going to call up to my office and make sure that we reach the police captain at the 35th and let him know that you're here testifying.
So he can take a look at this intersection. I know that they've been working very hard to eliminate this. This is a very big problem. I will definitely call up there and make sure that the police captain knows that you're here and that we want something done about it.
And we really appreciate it. We really work -- the community works very hard with the 25th. Whatever information or whatever we can do, they are there to help us, but it's only so many of them and it's a large area and it's very hard to control that kind of activity at o'clock in the morning, at o'clock in the morning. Because this is when we hear it, 2, 3 o'clock in the morning.
I think than I can speak on behalf of all of Members of this City Council that we need for you to continue to fight this fight and that you're not alone. Sometimes you feel that you're alone, but don't be disheartened. We're with you and we need more people in the community to speak up 34 05/26/04 - STREETS - BILL 040366 like you are and do something about this problem. Thank you for coming out.
And just to follow up, South Broad Street I use as an example. My oldest son is a dentist and he has his own practice. He has an office on Broad and Miflin. I'm not promoting him, by the way. He's a great dentist in case you're interested, very good. But there is a young lady who would use his step during the day as his patients were going in. And I'd personally go out there and chase her away and sometimes it works and then she comes back. So, again, as Councilman Ramos said, on behalf of all of us, none of us are away from this. We all experience it in some way, shape or form. Thank you for coming in and testifying today. Any other questions or comments for these witnesses? Councilwoman Miller.
Hi. It's good to see you again. I know you were here the 35 05/26/04 - STREETS - BILL 040366 other week for the other half of this bill. And as I indicated then, I used to represent a small portion of this area and certainly that portion of Old York Road that you're referring to. I know that the Philadelphia Police Vice Squad has been there very, very heavy. And when we had meetings in the past, they said pretty much like more than 65 percent of the arrests they made City-wide were made in that area and, of course, up the street at the Hunting Park. So I do know that the Philadelphia Police is knowledgeable about that. Old York Road has historically had a problem with not just the prosecution but also with dumping and all kinds of activity. As Councilman Ramos said, it does take citizens like you to come in and keep us on the alert, the police department on the alert because everybody is really trying to do everything they can to prevent it. And I kind of agree with Councilman DiCicco about legalization. I know it's an issue, but we can control it better.
I understand. It took 36 05/26/04 - STREETS - BILL 040366 me back when he first said it, but it's something that is not going away. And, I mean, you really have to start looking at -- I don't know if is the absolute answer, but we might need to -- it's something we might need to look into.
I don't think there's any absolute in this matter. A trip to Italy a couple years ago in the mountains, in these back roads, there's prostitutes standing on these little roads out in the middle of nowhere. It's there. But in ancient times in Pompeii they actually had street designated 2000 years ago, and I was wondering if they didn't have the same problems, or maybe they didn't have the problems because they did have a designated area. So maybe we've got to go back in time and look at history and see how our ancestors dealt with these problems.
The other half of that too that we can't leave out are the 37 05/26/04 - STREETS - BILL 040400 social problems that create prostitution. We have to do more around drug prevention, drug education, et cetera.
Most of what you have out there is drug related. Councilman Rizzo.
Thank you. Just quickly. Thanks. You put a lot of time and effort into this and your community will be better place for your efforts. Thanks.
Thank you. Any other witnesses to testify on this bill? (No response.)
Seeing none, the Clerk will read the title of the next bill.
Bill No. 040400, an ordinance amending Section 9-204 of the Philadelphia Code relating to Sidewalk Vendors in Center City and Section 9-205 of the 38 05/26/04 - STREETS - BILL 040400 Philadelphia Code relating to Sidewalk Sales to permit farmers' markets on the south side of Walnut Street on the sidewalk abutting Rittenhouse Square, and providing that provisions shall expire after a specified period of time, all under certain terms and conditions.
While the witnesses are gathering, you may note that the bills are being called up not necessarily in order in which they've been printed. There are various reasons why that occurs. Councilman Mariano had an a prior engagement and he asked that his bill be heard first. We will also list some of the parking bills in an order so we can get as many of them done at one time rather than having witnesses come up, leave, come back up, leave, and come back up. It does work better. However, if you're the last one on list, I'm sure you will disagree with that, but we'll try to get through this as quickly as possible. Good afternoon, Mr. Haigler. Please identify yourself for the record and proceed 39 05/26/04 - STREETS - BILL 040400 with your testimony.
Good day, Councilman DiCicco and Members of the Committee. I am Otis Haigler, Jr., Legislative and Regulatory Affairs Manager for the Department of Licenses and Inspections. Today, I'm here to provide testimony on 040400, which if enacted will permit a farmers' market on the south side of Walnut Street abutting Rittenhouse Square. Based on the bill that was submitted or introduced, the Department offers no 13 objection to the enactment of Bill 040400. This is within the sponsor's prerogative. However, I received amendments as I was entering Council Chambers today which slightly modify the bill that was introduced. And at this point, we will need some further time to review those amendments before we can sign off on those amendments. So I need to review those amendments with the senior management of L&I and the Administration because there might be some issues in there that we need to discuss before we sign off on there.
Understood. 40 05/26/04 - STREETS - BILL 040400 What I'd like to do is proceed with the testimony and get all the information on the record and then yourself and the sponsor of the bill can talk about this on the side whether we get this bill out of Committee or not today. But let's at least get the testimony out. Thank you. Is that okay, Councilman Clarke?
Whoever else is testifying next, please yourself for the record and proceed. MR PIERSON: Good afternoon. My name is Bob Pierson. I'm happy to be here to testify on behalf of this bill. I'm Program Director of Farm to City. It's a small business that unites communities, families, and farmers year-round through good local food. I have planned and managed farmers' markets for past nine years, over a thousand market days in all in Philadelphia and nearby towns. Farm to City is prepared to open a flagship outdoor market at Rittenhouse Square 41 05/26/04 - STREETS - BILL 040400 and make heroes of its supporters. And I'd like to acknowledge my Councilman, Frank DiCicco, is the one that really got me started in this about nine years ago for the South and Passyunk farmers' market which has been going strong ever since and helped me through the regulatory maze, let's put it that way, with Revenue and L&I back then when we got that one started. Urban market places are as old as civilization and play an important role in the formation of cities in the civic life of their citizens. Today, the ever increasing number of outdoor farmers' markets reflects these origins by providing a civilized and democratic gathering place for people to meet and purchase agriculture products from the region. More and more families and culinary professionals realize the importance of locally grown food for the health of their family members and customers, for the survival of family farms, for the preservation of farmland and open space, and for the security 42 05/26/04 - STREETS - BILL 040400 of the region's food supply. I'm very pleased to testify today in favor of this bill. I've worked with members of the Center City Farmers' Market Committee to establish a farmers' market on Rittenhouse Square. Again in 2001, we brought a large tent full of farmers to the Rittenhouse Row Spring Festival. It was a very popular addition to the festival. Then last fall we sponsored a one-day harvest festival. It was a beautiful day just after the hurricane came through. We had the farmers in white tents up and down the sidewalk on the north side of Rittenhouse Square just where we will have our weekly market if this bill passes. The Harvest Festival was a great success. Thousands of people came that day to meet the farmers buy their locally grown fruits and vegetables. Over a thousand people signed a petition in favor of the market and we've submitted this petition to the Council. Rick Nichols, food columnist for the Inquirer, wrote a positive article about it. We have letters of support from the Center 43 05/26/04 - STREETS - BILL 040400 City District, the Center City Residents Association, Fairmount Park Commission, Philly walks, the pedestrian advocacy group, Metropolitan Bakery, from Cindy Bourne (ph), a Center City business person, and the Barnes and Noble Bookstore. Earlier this year, we sent our request to legislative assistant to Councilman Darrell Clarke with copies to Council President Anna Verna and all the other Council People. And you may recognize this. You should have gotten one of like this in the mail in January. Provided this bill is approved, we will be ready to open the market on July 10th and offer the bounty from our local farms to the residents of Center City. Several of my colleagues bring other viewpoints in favor of this market, and at this time I would like to turn the microphone over to them. I urge you to vote favorably on this bill, and I thank you again for the opportunity to come and speak before you. 44 05/26/04 - STREETS - BILL 040400
Good afternoon. Please identify yourself for the record and proceed. MS PIRELLO: I'm Christina Pirello. I host the national public television series, "Christina Cooks," and I hold my Master's in nutrition from Drexel University. I'm happy to be here to testify in support of this bill. I can talk to you from many standpoints on it, but the one that I'll take is that as we all know America's health is appalling. And one of the things that is one of the main factors of that is the diet that we all consume which is, of course, the path that my life has taken in terms of my own work. Ninety percent of the illnesses that affect adults and children in our country can be directly related to the foods that they choose. So not only as an urban community can we support world economies and reconnect with the food and the people that grow it, but we have a really strong chance here to make more accessible to everybody on every level fresh foods locally produced and grown in our area so that people 45 05/26/04 - STREETS - BILL 040400 can get the most nutrition pack, if you will, for their dollar. So that's the standpoint that I come to to support the market. There'd be one on every corner if I had my way.
Well, as a young boy growing up, there was a produce store on just about every corner in my neighborhood, fresh produce. It was a great experience. Thank you for your testimony.
Good afternoon. My name is Mona Sutnick, and I am very pleased to be able to speak in support of the market. And I bring two points of view, that of a neighbor and, like Christina, a nutritionist. I also hold a degree from Drexel and a doctorate from Temple. I've lived in the Rittenhouse Square neighborhood for 40 years and in that time seen a lot of changes in the area, most of them improvements which benefit those of us who live here in town and everybody who comes and enjoys Rittenhouse Square, and that, as you know, is a lot of people. A weekly 46 05/26/04 - STREETS - BILL 040400 farmers' market would be a wonderful resource for all of us. I've talked to neighbors about it, and they're all excited at the prospect of having fresh local produce right there in the park every week. Last fall, I volunteered at the Harvest Festival which Bob mentioned, and the question people asked most often was "Will this happen every week," and all wanting it to happen every week. My answer was "We hope so. We're trying to make it happen." And there was enormous support among the people who came out that day to have this as a regular event. As a nutrition educator and registered dietician, a lot of my professional life has been spent helping people learn to eat more healthfully. And we know, as Christina said, that generous amounts of fruits and vegetables are basic to good health and also that convenience plays a really important role in people's food choices. So that a farmers' market that makes it convenient for Philadelphians to buy fresh locally grown produce can certainly contribute 47 05/26/04 - STREETS - BILL 040400 to the health as well as to the enjoyment of all of us around Rittenhouse Square. Thank you.
Hi there. My name is Bridget Crook (ph). I work for the White Dog Cafe Foundation, I'm the co-director and specifically a program called Fair Food in which promote and support local agriculture and try to bring in as much local fresh produce and animal products as possible. And specifically a couple of the things that we do that are related to this is we connect restaurants with farmers and we also partner with Bob Pierson in Farm to City on a Buy Fresh Buy Local Campaign. And through that, we put out a guide -- and I have copies of this for all of you if you'd like a copy -- of all the places you can go to find locally grown food, including farmers' markets, farms that deliver into the City, restaurants, retail stores. And we get an incredible amount of inquiries from people about getting 48 05/26/04 - STREETS - BILL 040400 the guide and specifically about where farmers' markets are. That's probably the top inquiry we get. I would say I get about to 5 15 calls a week from people wanting a copy of 6 the guide and asking where they can find the 7 closest farmers' market to them. And we have 8 a mailing list of about 2500 to 3,000 people; 9 and about 15 percent of that are within 10 walking distance of Rittenhouse Square. So, I mean, we see this as absolutely integral to the work we do of promoting local and fresh produce, meat, dairy, and other agricultural products and supporting local farmers and promoting the local community. If you look at some of the other cities that have thriving downtowns, if you look at Washington, D.C., they have a flagship market at Dupont Circle. If you look at New York City, Union Square, and that's a thriving farmers' market. While Philadelphia has some amazing farmers' markets around the City, those central farmers' markets also support the other farmers' markets around the City and 49 05/26/04 - STREETS - BILL 040400 make those farmers' markets successful. So we see having one central farmers' market that's a really strong farmers' market that everyone thinks of as the main farmers' market is not only bringing tourists in, bringing the community together, but also supporting those other farmers' markets that are on other days of the week in neighborhoods throughout the City, in lower income neighborhoods, in a variety of places. So we absolutely see this as integral to our work of promoting local farm products, supporting local farmers and trying to rebuild our community through creating urban world connections.
Thank you. Thank you for your testimony. My understanding is that this farmers' market would be one day a week?
Mr. Haigler, would you come to the witness table? I have a question for you. It's somewhat related to this issue. At various times of the year, 50 05/26/04 - STREETS - BILL 040400 special occasion days, Mother's Day, Easter, stuff like that, vendors appear on many locations throughout the City. What is requirement for those folks? Is it a requirement for them to vend just for that one day or weekend? If the's Mother's Day or Easter, they will start vending generally on a Thursday or Friday, Saturday, Sunday.
I believe there are special license requirements in the Philadelphia Code to deal with the sale Easter flowers or flowers or that type of activity. There are special license provisions in the Code that provide for that. Off the top of my head, I don't know the precise requirements, but I can get that back to you. But there are special requirements for that.
I would like to see that because I would like to see what the difference, if there is a difference, I assume there is, as to what their requirements are and what we're requiring a farmers' market that needs to go through all this to get to be able to establish a vending location. It's a 51 05/26/04 - STREETS - BILL 040400 farmers' market, but it's outside vending. I have problems and I'm sure other districts have problems sometimes. Often times with these vendors who literally pop up overnight, sell their wares and leave, and what they leave behind is whatever they didn't sell and all the boxes and containers that everything that they were selling remains on site and then we have a problem getting it cleaned up and all. I have no problem against entrepreneurs and people wanting to make a legitimate dollar, but when we have a situation where we have a farmers' market which really is done properly and tastefully that we have we have to go and do this legislation which I support and I think is good and others may not have to be subject to the same guidelines, I'd like to address that other issue as well. It's not related to bill 21 but maybe it's a separate entity. So if you could get some information to me, I would appreciate that.
Any questions 52 05/26/04 - STREETS - BILL 040400 for these witnesses? Councilman Clarke.
Thank you, Mr. Chair. Just for the record, was there any contact with the Friends of Rittenhouse Park with respect to support of this particular operation?
Bob Pierson, Farm to City. From the beginning we have kept them informed of everything that we're doing. Three has not been any correspondence that's come back to us. We've left phone messages, we've sent them copies of the proposal, we sent them letters just saying what our steps were in this process.
Can you do me a favor? Can you just get me something -- I'm assuming based on my discussions with some of the members -- 53 05/26/04 - STREETS - BILL 040400
If they will respond, I will, yes. I'll do my best. In other words, I'll keep trying.
I would suggest that you do a letter to the entity that the Councilman is talking about so at least there's a paper trail that you've made an attempt. In the event that they don't answer is one thing, but at least there's documentation.
You may want to cc me on the letter so they know that I've gotten a copy.
Anyone else here who wishes to testify on this bill? (No response.)
Seeing none, the Clerk will read the title of the next bill. Thank you all for coming in today, and good luck. 54 05/26/04 - STREETS - BILL 040364
Bill No. 040364, an ordinance amending Section 9-205 of the Philadelphia Code, entitled "Sidewalk Sales," by prohibiting vending on portions of Chestnut and Market Streets between 55th and 58th Streets, portions of 56th and 57th Streets in the area between Walnut and Arch Streets, and Ludlow Street between 57th and 58th Streets.
Good day Councilman DiCicco, Members of the Committee. I am Otis Haigler, Jr., Legislative and Regulatory Affairs Manager for the Department of Licenses and Inspections. Today I'm here to provide testimony on Bill 040364, which if enacted will prohibit vending on portions Chestnut and Market Streets between 55th and 58th Streets, portions of 56th and 57th streets in the area between Walnut and Arch Streets and Ludlow Street between 57th and 58th Streets. The Department offers no objection to the enactment of Bill 040364. This is within Council's prerogative under Section 24 9-205(8)(p) of The Philadelphia Code. The Committee and Council, however, should be 55 05/26/04 - STREETS - BILL 040471 mindful continued limitations placed on locations where vending is permitted will impact on this type of activity in the City since legal locations to conduct vending operations will be at the premium. Thank you. I'll be happy to answer questions at this time.
Any questions for this witness from the Committee? (No response.)
Anyone here who wishes to testify for or against this bill? (No response.)
Seeing none, the Clerk will read the title of the next bill.
Bill No. 040471, an ordinance amending Chapter 12-900 of the Philadelphia Code entitled "Parking Regulations and Penalties" specifically Section 12-917 entitled "Valet Parking Zones" by amending Subsection 6 relating to off-street parking of vehicles and also amending Section 12-2809 entitled "Civil 56 05/26/04 - STREETS - BILL 040471 Penalties and Costs" by increasing the fine for violation of Section 12-971(6) and amending the title of the same.
Parking Authority, would you please come to the witness table? The Chair recognizes Councilman Clarke for a statement.
Thank you, Mr. Chair. Mr. Chairman, I introduced this bill 13 after several discussions with Members of Council and several opportunities I witnessed myself, the flagrant violation of the valet parking laws on numerous occasions. It is clear to me that under the current valet parking laws, there is an area that has been authorized by the City and the Authority where it is essentially a cueing area, they're allowed to cue vehicles for a time, then subsequently those vehicles are to be taken to an off-street parking lot. But in fact what is happening is that people are using the cueing area for the purpose of parking 57 05/26/04 - STREETS - BILL 040471 vehicles, not paying the meters and sometimes taking meters, particularly after the hours of the traditional regulations, a lot of these areas where there are restaurants particularly in West Philadelphia and some of the other area where we have a substantial amount of new restaurants that don't have the o'clock 9 meters, they have meters that are 8 o'clock 10 and a lot of the restaurant goers 11 traditionally come to dinner after 8 o'clock 12 and these valet parking entities are coming in and they're taking up meters along the street leaving the vehicles there, not having to place money in the meter, not taking them to the garage. First of all, it's taking opportunities away from people who want to park on the street without using valet parking. Second, we get no revenue because the revenue that we get is as the result of the fees associated with parking at a garage. While I didn't think that we could, frankly speaking, change the valet parking and I would not necessarily want to do that. One of the things that we wanted to do was to 58 05/26/04 - STREETS - BILL 040471 increase the penalty associated with violation of the current laws in hopes that it would give us an opportunity to be more aggressive if we were required to have additional people out on the street to enforce these laws. So we put this bill in in the hope of getting more aggressive enforcement. I'd like Mr. Fenerty, if at all possible, to talk about the process of current enforcement and if there's any need associated with your ability to do additional enforcement, how these penalties would support your needs to do so.
Currently, the problem with valet parkers is exactly as Councilman Clarke had explained. The problem becomes -- the ordinance is very clear. You have to have a license as a valet. You have to have a licensed private lot to take the vehicles which you're valeting to. The revenue that the Councilman said is robbed by not using the lot is the 15 percent parking tax that goes to the City from the parking operator. What they do is they take a car, they move it from the 59 05/26/04 - STREETS - BILL 040471 valet zone or leave it in the valet zone too long, but primarily they take it out of the valet zone, they do a dump on it, dump it at the meter, an unregulated meter, which means after o'clock or o'clock at night or 7 7 o'clock at night, according to where the 8 restaurant is, they dump it at a meter and 9 leave it there. They in turn are charging whatever price they're charging for the valet, 15 or $20, they make a hundred percent profit on it. They do not pay the private lot. In turn, the private lot does not pay the parking privilege tax of percent to the City. 15 The other thing comes at risk that the Authority and Police Department and also District Councilmen and State Representatives get a lot of complaints about is the Parking Authority or the Police gave me a ticket, it couldn't have happened, they're wrong. I got this notice in the mail. And what has happened is the valet dumps it in a loading zone or even some valet will dump them in active meters. They get the ticket on the windshield, the valet operator takes it, next 60 05/26/04 - STREETS - BILL 040471 thing you know the Parking Authority, the Police or the City are bad guys and residents of Philadelphia or the suburbs who come in to eat don't want to come back in town and patronize the restaurants. What we do is we investigate it. If it's a valet zone, we now transfer the responsibility of the ticket from the citizen who made a complaint, if it's found to be valid, to the operator of the valet zone. They're very hard to collect on because they're not associated with a tag and you can't take a booting enforcement action. It's the position of the Parking Authority if the fine were higher, we can enforce it more strict, it would deter the operators and force them into the profit lots. And valets are, to put it bluntly, are a headache. We're enforcing it more and more. We have a valet squad. We go out, we issue warnings in conjunction with L&I who also monitors the zones to try to eliminate this. But the person that's hurt the most is, number 1, the restaurant when they don't get the 61 05/26/04 - STREETS - BILL 040471 clientele to come back; number 2, the City because when it's not going into a private lot, you have no parking privilege tax. The other thing that we also find that it's not only the companies' position to do that. Some times the valet company has unscrupulous employees who do it on their own. They take the car, they dump it around the corning. Then that valet runner himself has his own business. If he does five of them a night at $20 a night, the only way the valet company knows what's going on is by it going into the lot with a ticket. You grab Mr. Zigler's car, go park it. Mr. Zigler comes back, sees you, you know where the car is, you made the whole plus maybe the gratuity, the 18 tip on top of it. You could have made $25 for 19 that night. So the higher fine will force the 20 valet company to also police its employees a little bit better.
I understand that -- Councilman Ramos and I were having a little sidebar. You eloquently described some of the problems with it. And in addition to 62 05/26/04 - STREETS - BILL 040471 the loss of revenue, we actually lose customers. And that word spreads throughout the community where those folks come from, primarily non-Philadelphia residents. And I know many, many cases where the restauranteur is actually eaten, taken the responsibility and paid for the ticket because they don't want to lose that customer, and as a show of good faith which is somewhat ridiculous in a way because that's the profit sometimes that the restauranteur made on that individual customer or customers. I was one of the original -- I'm not sure if Councilman Clarke was here at the time, but myself, Councilman Kenney and someone else, we did the original bill, the valet bill, and we went through extensive discussions with the valet companies. Unfortunately, most of them have not paid attention to that and they're not listening to us. I don't if the fines -- and I support this legislation, but I don't know if that gets us to where we need to get to and I 63 05/26/04 - STREETS - BILL 040471 don't really have a total answer for it. Maybe we need to do some drastic things in this City and say there is no longer going to be a valet service because if we start affecting the valet companies and their pocket, then maybe they'll begin to pay attention. Because as it goes right now, they're still making money. The people who work for them are doing their side deals if they're doing it. And in the process, the City gets another black eye because the people who come here and get that think it's the City that's doing it to them.
And the majority of the time they think it's the Parking Authority.
And the police and the Parking Authority are doing their job. If you've got a meter expired or you're parking in a no parking zone, you're doing your job in writing a ticket, but people are of the opinion that the City is doing this intentionally to raise revenue. And it becomes an another black eye for us, another 64 05/26/04 - STREETS - BILL 040471 area where we have to go out and put out all these little fires that get started outside the Philadelphia community that it's not us, it's valets. Then they go "Well, what are you going to do about it?" I support the legislation. I hope it helps out, but my guess is it's just going to be another one of those issues where unless -- and I don't know if eliminating valet parking is going to be the answer. I notice where it's more prevalent is those areas where you pay to valet as opposed to the smaller restaurants throughout the neighborhoods where they offer free valet --
-- because they generally have a designated place to park.
That's the irony of the whole thing. The companies that are being paid to park your car are the ones that are bigger violators than the non-paying 65 05/26/04 - STREETS - BILL 040471 valets.
The restaurant itself, the smaller restaurant, they take it to a lot. The valet takes it there. He's responsible to handle no cash. It's a free park. The valet gets paid to park it and they work and a gratuity. It's where the valet has a service that they have to take it to a lot. Every car that they don't have to take to that lot is 100 percent profit for the valet company or a windfall to the valet runner, and he's cheating not only the City but he's cheating employer out of his employer's park. So it's twofold problem which we now -- we even do it on Sunday night. We do it on an overtime rotation where the supervisor and a couple officers on Sunday night. And it wasn't as a revenue generator, it was to keep the zones free. Because, believe it or not, the people who do come into Center City, using a valet to come in and spend their money at these restaurants feel safer if they valet the car. What we found when we weren't out there on 66 05/26/04 - STREETS - BILL 040471 Sunday nights, the valets themselves were using the valet zones as a parking lot and then they were using the secondary lane, especially on Walnut Street and Christopher Columbus Boulevard as a parking lane to do the valet service. So then if you recall about three months ago there was a backup on Delaware Avenue due to a valet and then there was a major accident at Spring Garden Street involving a police officer. You couldn't get the emergency vehicles through because everything was backed up. And that was one of the wake-up calls when we started Sunday night and much more stricter enforcement. The running lane is not to valet. The valet zone is to valet. If you park in the valet zone, we're going to write the ticket to the operator and we're going to tow the vehicle. Now, usually when we roll the tow truck out, it's a deterrent and they move it because the last thing the Parking Authority wants to do is to tow a vehicle out of the valet to inconvenience that customer and the restaurant because we know that 67 05/26/04 - STREETS - BILL 040471 customer is not coming back and we're not here to put people out of business; we're here to help bring business in the City. And we're very, very cautious about not hurting the person. Is this a profit maker for the Parking Authority? Absolutely not. This is a public service. We don't make money on this one; we lose money on this. But for every dollar that we keep here, we feel it's worth it.
I agree. Again, I think this is something that's not going to go away. I think we need more discussion about this over the next few months to try to come up with something tight.
We need to we rotate our officers who enforce these areas. The officers cannot become overly friendly with the valet operators we rotate in and out. We rotate the supervisor in and out. The only person there longer than a six-month period is the head supervisor who oversees it. We've taken every precaution we can so there will be 68 05/26/04 - STREETS - BILL 040471 no questionable conduct regarding this.
I want to make sure that I'm understanding what you're saying, because I get calls regularly -- let me describe what occurs. You pull up to a valet spot. They pick up the car, they take it around the corner, they park it at a meter. The Parking Authority Police come and put a ticket on the vehicle. You come out from dinner. The person that works for the valet goes to the car, sees that they got a ticket, rips the ticket up, throws it on the ground because they don't want to bring, obviously, the car back with a ticket. The person then gets a summons, whatever it's called now.
And they say, "I was at dinner, I was a restaurant for four hours and I parked my car valet." Well, they don't know that the car wound up around the corner either in a bus stop loading zone. The car got a ticket. The 69 05/26/04 - STREETS - BILL 040471 valet guy/gal rips it up. Two weeks later, whatever, they get the ticket. What do they do?
Councilman, I think you may have been out of the room when Mr. Fenerty went through that whole process about if the Authority is notified by an individual who claims that that has happened to them, the Parking Authority will do further investigation. And if they determine that the complaint is accurate, they will dismiss the ticket or transfer the responsibility to the valet.
I heard that, but I just wanted to make sure I was understanding the same scenario I give you.
That's exactly the same scenario. One of the things we ask for is if you pay for dinner with a credit card, it makes a very clean-cut case, you were in the restaurant, this is what happened. We transfer to the valet or ask for a letter. If we can't do the transfer, it goes 70 05/26/04 - STREETS - BILL 040471 on the weight of the complaint. We take it down the Bureau of Administrative Adjudication and the cases are reviewed by a hearing officer. We advocate for the people who make this claim. And we also look at their records. If you have somebody who's done it two or three or four times, we know there's problem. They're usually single occurrences.
Let me give you another scenario since we're using examples. I hope you can fix this or maybe the Police Department needs to do it. I'll be real specific even thought I don't like to be on this particular issue. Sydenham and Walnut, there's a valet area. Do you know there's a restaurant that we all enjoy going to on Sydenham between Walnut and Locust. I'm walking from City Hall down and that street runs south. Well, all of a sudden a car comes racing up going the wrong direction on Sydenham Street and I jump up on the sidewalk and one of the people that works at one of the restaurants says, "That happens all night here. It's the valet person. They don't want 71 05/26/04 - STREETS - BILL 040471 to go around the block so they race northbound on Sydenham Street to bring the car back to Sydenham and Walnut. It's really a dangerous situation.
That one is a Police Department problem. The operator of the vehicle can be cited for a one-way street violation which carries points on his license.
Could you mention possibly to the operator that's conduct that's not appropriate for them to bring vehicles back the wrong way on a one-way street?
There are two or three operators in that area. I will have our valet people talk to them Thursday night.
That's great because that is really a bad situation. And it's so bad that the person standing at the door of one of the restaurants said, "Don't get all wound up about that; that happens all day here because they don't want to have to come around the block. They just buck traffic to get to Sydenham and Walnut."
I will do that. I 72 05/26/04 - STREETS - BILL 040471 will also notify the captain of the traffic and the captain at the 9th.
I called the captain on that, but your part would be appreciated to let them know that we're watching.
I have one other question and comment and then we'll wrap this hearing on this bill up. You mentioned earlier when you were testifying that when you do the transfer of responsibility from the person who the ticket was issued to back to the valet --
And if you do that, did you say that there's not much you can do after that in terms of collecting?
We can dun them by mailings and put it on their credit history. There is no -- 73 05/26/04 - STREETS - BILL 040471
Well, that's what I'm going to get to. Councilman Clarke is on the phone, but maybe we need to do something by way of an amendment that suggest any outstanding parking violations that that company has will cause them not to be able to get a renewal of their valet license, similar to what we do with a liquor license. If you have any outstanding liens to the City, you cannot get your liquor license even though it's a state issued license renewed in the City of Philadelphia or I guess anywhere in the Commonwealth until you clear up those liens.
Or, Councilman, if it's rather a yearly renewal, you could possibly set a threshold of 5 or 10 open citations, the valet company gets suspended.
We can decide what number of tickets that are outstanding and for how long, but I think that that may get you some teeth.
That would give us a lot of teeth. 74 05/26/04 - STREETS - BILL 040471
Maybe somebody can think about doing some amendment to this bill rather than do a whole new bill, right? What do you think? I don't know if it would mess the title up or we have a separate -- maybe we could do it separately.
Based on the Calendar, it seems like we're going to be here a little while.
If we can't do it today, we'll be having another Streets and Services Committee in about two weeks which I was not aware of last week, so maybe we can get something drafted for that Streets and Services Committee as well.
The suggestions could be non-renewal or we could do a quarterly run and if they found to have X number of open violations --
Councilman 75 05/26/04 - STREETS - BILL 040370 Clarke will have someone on his staff talk to you and your agency about that and make sure the legislation passes the mustard, all right?
040370, an ordinance 12 amending the ordinance approved January 3, 1992, Bill No. 1205-AA, which pursuant Subsection 9-204(8)(a) of The Philadelphia Code, designates locations in Center City at which vending is permitted, by deleting all permitted vendor locations on both sides of Eighth Street between Market and Chestnut Streets.
Good day, Councilman DiCicco and Members the Committee, I'm Otis Haigler, Jr., Legislative and Regulatory Affairs Manager for the Department of Licenses and Inspections. Today, I am here to provide testimony on Bill 040370 which, if enacted, 76 05/26/04 - STREETS - BILL 040370 will prevent vending on both sides of Eighth Street between Market and Chestnut Streets. In general, the Department offers no 5 objections to the enactment of this bill. However, the Committee and Council should be mindful to enforce the provisions of Bill 8 040370, the Department will have to expend its limited resources to evict and relocate vendors who may have operated legally for some time since the enactment of Bill 1205-AA, regulating vending in Center City. The provisions of Bill 205AA become law on January 3, 1992, and its purpose was to establish 300 locations in specific areas in Center City where vending operations would be allowed. Continued alterations to Bill 19 1205-AA and limitation locations where vending is permitted may have an impact on this type of activity in Center City since legal locations to conduct vending operations will be at a premium. Thank you. I'll be happy to answer questions at this time. 77 05/26/04 - STREETS - BILL 040371
Mr. Haigler, are you aware of any vendors in this location presently?
Is there anyone else who wishes to testify on this bill? (No response.)
Seeing none, the Clerk will read the title of the next bill.