COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON RULES3 - - - Room 400, City Hall5 Philadelphia, Pennsylvania Wednesday, April 8, 2009, 10:20 a.m.6 - - - Bill 080901 - An ordinance continuing the9 Chestnut Hill Business Improvement District beyond its date of termination...10 Bill 090128 - An ordinance continuing the East Passyunk Business Improvement District beyond12 its termination date... (Full text of both bills attached hereto.)14 COUNCILMEMBERS PRESENT:16 Anna C. Verna, Chair W. Wilson Goode, Jr.17 James F. Kenney, V. Chair William K. Greenlee Blondell Reynolds Brown Jack Kelly18 Darrell L. Clarke Donna Reed Miller Frank DiCicco19 - - -22 V A R A L L O Incorporated23 Litigation Support Specialists 1835 Market Street, Suite 60024 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.267025 2 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281
Good2 morning. Good morning, everyone.3 This is the public hearing of4 the Committee on Rules. I would ask5 Mr. Erickson to please read the title of6 Bill No. 080901.7
Bill No. 080901,8 an ordinance continuing the Chestnut Hill9 Business Improvement District beyond the10 date of termination of the District in11 the area that generally includes both12 sides of Germantown Avenue from 7640 to13 8705, both sides of Bethlehem Pike, from14 10 to 105, and certain blocks of streets15 that intersect that portion of Germantown16 Avenue, and for which Chestnut Hill17 Business Improvement District, Inc., a18 Pennsylvania nonprofit corporation,19 serves as the Neighborhood Improvement20 District Management Association for the21 District; approving a plan for the22 District, including a list of proposed23 improvements and their estimated cost,24 and providing for assessment fees to be25 3 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 levied on property owners within the2 District; authorizing the Director of3 Commerce, on behalf of the City, to4 execute an agreement with Chestnut Hill5 Business Improvement District, Inc.,6 relating to the District; and authorizing7 Chestnut Hill Business Improvement8 District, Inc. to assess property owners9 within the District a special property10 assessment fee to be used in accordance11 with the approved plan; all in accordance12 with the provisions of the Community13 Economic Improvement Act and under14 certain terms and conditions.15
Thank16 you.17 Do we have anyone to testify on18 this bill?19 (No response.)20
Is21 there anyone here to testify on this22 bill?23 (No response.)24
Okay.25 4 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 Seeing no one, I would ask Mr. Erickson2 to please read the title of Bill No.3 090128.4
Bill No. 090128,5 an ordinance continuing the East Passyunk6 Avenue Business Improvement District7 ("District") beyond its termination date8 in an area that generally includes both9 sides of East Passyunk Avenue, from the10 south side of Federal Street to the east11 side of South Broad Street, certain12 blocks of streets that intersect that13 portion of East Passyunk Avenue, both14 sides of South Broad Street, and the15 south side of McKean Street to the north16 side of Snyder Avenue, and the west side17 of South Broad Street, from the south18 side of Mifflin Street to the north side19 of McKean Street, and for which East20 Passyunk Avenue Business Improvement21 District, Inc., a Pennsylvania nonprofit22 corporation, is the Neighborhood23 Improvement District Management24 Association; approving a final plan for25 5 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 and report concerning the District,2 including a list of proposed improvements3 and their estimated cost, and providing4 for assessment fees to be levied on5 property owners within the District;6 authorizing the Director of Commerce, on7 behalf of the City, to execute an8 agreement with East Passyunk Avenue9 Business Improvement District, Inc.10 relating to the District; and authorizing11 East Passyunk Avenue Business Improvement12 District, Inc. to assess property owners13 within the District a special property14 assessment fee to be used in accordance15 with the approved final plan, all in16 accordance with the provisions of the17 Community and Economic Improvement Act,18 under certain terms and conditions.19
Thank20 you very much.21 Is Mr. Frishkoff here to22 testify?23 (Witness comes forward.)24
Good25 6 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 morning.2
Thank you. Good3 morning, Madam Chairwoman and members of4 City Council. My name is Andrew5 Frishkoff. I'm the Director of6 Neighborhood Economic Development for the7 City of Philadelphia's Commerce8 Department.9 I'm here today to provide10 testimony in support of Bill No. 090128.11 This bill will allow for the12 reestablishment of the East Passyunk13 Avenue Business Improvement District.14 The creation of business15 improvements districts, or BIDs, as they16 are commonly known, is consistent with17 the Mayor's Philadelphia Plan, especially18 with the core-service areas of economic19 recovery and job creation and enhancing20 public safety.21 BIDs strengthen commercial areas22 and the surrounding neighborhoods through23 cleaning, beautification, public safety,24 and marketing activities. BIDs are also25 7 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 consistent with the goals of our ReStore2 Philadelphia Corridors Program, designed3 to help revitalize neighborhood4 commercial corridors. BIDs offer5 significant opportunities for6 collaboration between the City and our7 neighborhood commercial corridors.8 The East Passyunk BID is one of9 eight corridor organizations10 participating in the Commerce11 Department's Main Street Program. The12 BID is also working with Commerce on13 facade and streetscape improvements on14 East Passyunk Avenue. These activities15 improve the environment within which16 business owners and their customers live,17 shop, and work.18 In these difficult economic19 times, efforts to keep East Passyunk20 Avenue competitive are more important than21 ever. Given the economic stresses22 currently confronting neighborhood23 retailers, we urge the BID to maintain24 high-quality services at the lowest25 8 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 possible cost to businesses and property2 owners. The Commerce Department is3 supportive of the BID's proposed services4 as long as they have the backing of the5 assessed businesses.6 Well, I'll be happy, as always,7 to answer any questions that you may have.8 I would urge you to hear from the business9 people and community members who are here10 today; they are the experts and they are11 the ones who will be able to answer most12 of your questions13 Thank you for your time and14 consideration.15
Thank16 you.17 Mr. Frishkoff, to your18 knowledge, and only to your knowledge,19 have any of the affected property owners20 objected to the continuation of the21 District?22
I have heard23 that they have. The Commerce Department,24 however, which has an operating agreement25 9 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 with the BIDs in the City, is not a party2 to any of the communications. I think3 that there have been communications to4 Council concerning both support and5 opposition.6
Okay.7 Paragraph 10 of Exhibit A states that the8 District's assessment fee will be 209 percent of the taxes due on any10 commercial property within the service11 area. Is it the same amount that has12 been charged in previous years?13
The rate, I14 believe, is the same, but there is a --15 COUNCILMAN DiCICCO: Point of16 order, Madam President.17
Yes, some18 clarification.19 COUNCILMAN DiCICCO: Point of20 order, Madam President.21
The22 Chair recognizes Councilman DiCicco.23 COUNCILMAN DiCICCO: Thank you,24 Madam Chair.25 10 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 I have an amendment that I will2 be offering today that will address that3 issue in the anticipation that there are4 tax increases and/or full value that will5 give protections as best we can to the6 existing BID and the rate at which7 they're paying today.8
Great.9 COUNCILMAN DiCICCO: So I'll be10 offering that amendment.11
Thank12 you.13 Are there any questions from14 members of the committee?15 The Chair recognizes Councilman16 DiCicco.17 COUNCILMAN DiCICCO: Thank you,18 Madam Chair.19 Good morning.20
Good morning.21 COUNCILMAN DiCICCO: Do you have22 the number of properties that are23 currently in the BID?24
I don't have25 11 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 that here, no. I believe it's 300, but I2 don't have the -- it's in the ordinance,3 which I don't have in front of me.4 COUNCILMAN DiCICCO: All right.5 Miss Gillinger may have that, the6 executive director, when she comes up.7 So if she does, I'll wait for her.8 (Councilman DiCicco confers off9 the record with legislative aide.)10 COUNCILMAN DiCICCO: Okay, it's11 289. My legislative assistant just12 handed me the information. It's 28913 properties within the BID, and I just14 wanted to bring that to everyone's15 attention, to the Councilmembers'16 attention, because we'll see, as the17 testimony goes on, the number of people18 who are actually protesting the19 reissuance of the BID.20
The25 12 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 Chair recognizes Councilman Kelly.2
Thank you.3 Mr. Frishkoff, you're from the4 City of Philadelphia; is that correct?5
Is there any8 members of the board or -- that they're9 operating the services right now? Are10 they present, or are they going to be11 testifying?12
All right.18 Thank you.19 Then I have no questions, Madam20 Chair.21
Thank22 you.23 Thank you very much,24 Mr. Frishkoff, and you will remain?25 13 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281
Thank4 you.5 I would ask Mr. Erickson to6 please call the first witness.7
Please13 identify yourself for the record and14 proceed with your testimony.15
19 Good morning. Okay. 21 We have identified a garage,22 which will be vacated by the end of the23 week, and the pickup service -- and we24 hope to have all of the new systems in25 16 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 place by Monday. 5 As a result, the budget for6 other programmatic work will need to be7 reevaluated to figure out how to stretch8 our funds further. 12 I believe that there are many13 advantages in having the BID, but I never14 felt a greater need for it than I do now,15 now that the organization will have full16 responsibility for maintaining the17 cleanliness of the Avenue. 9 I will also note that the10 advantage of having the Business11 Improvement District is the ability to12 apply for and receive public funds. 24 We are constantly looking for25 18 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 new funding opportunities and have just2 submitted a beautification grant on3 Friday. If successful, we will be4 partnering with the Mural Arts Program on5 two more murals for the Avenue and, with6 our local civic association, East7 Passyunk Crossing, put a community garden8 at the empty lot, which is currently9 cleaned out by Citizens Alliance, at East10 Passyunk and Morris Avenue. It's the11 center of the length of the Avenue. 15 The BID also spends a fair16 amount of resources on advertising, but17 this is one of the areas of our budget18 most at risk for elimination and19 reduction when our potential assessment20 income is not met. 24 In addition to these larger25 19 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 projects to keep our avenue vibrant and2 clean, I spend part of every day helping3 the merchants and property owners with4 anything I am able to. 17 I also just started a new18 monthly LGBT -- Lesbian, Gay, Bisexual,19 Transgender -- social event, which, the20 first month, brought out 180 people to a21 restaurant, and last night, brought out22 over 150 people on a Tuesday night to a23 restaurant that typically serves only24 about 20 people on this particular25 20 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 evening. 19 All of this -- special events,20 advertisements, the website, monthly21 nights out, facade-improvement grants,22 and street-cleaning would not take place23 without the East Passyunk Avenue Business24 Improvement District. 5
Thank6 you.7 Are there any questions or8 comments from members of the committee?9 The Chair recognizes Councilman10 Kelly.11
Thank you,12 Madam Chair.13 Miss Gillinger, what I just want14 to know is: How many board members do15 you have?16
We currently17 have nine because we just had a18 resignation.19
Yes. And we25 22 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 also have four working committees that2 meet monthly. So programmatically, it's3 broken down into design, beautification,4 promotions, economic development, and5 organizational structure and management.6
We have one,15 two, three... I think we have three16 property owners, three merchants -- two17 merchants maybe who, you know, are rental18 merchants. I'm sorry. I just need to19 think about this for a second.20 So, yes. So we have a property21 owner who's also a merchant, another22 property owner who's also a merchant, a23 merchant, a merchant, Councilman DiCicco24 has a representative on the board,25 23 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 Councilman Kenney has a representative on2 the board. And Christian DiCicco is on3 our board as the head of Citizens4 Alliance; I don't know if that will5 change or not.6 Yeah, that's everybody.7
It doesn't8 matter who.9 You mentioned about the -- how10 much of the funding goes into street-11 cleaning?12
Currently, we17 spend about $55,000 a year on the18 street-cleaning, and a little bit of19 money -- a little bit of that is --20
Our potential23 budget is $320,000 for the year, but24 that's assuming that everybody actually25 24 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 would pay their assessments.2 Right now, what I operate on3 is -- I think I just passed it forward --4 $230,000 for this year, is what I5 actually anticipate to collect from6 assessments. So that's what I -- that's7 for the --8
And that's9 lower than previous years; is that right?10
Yeah, it's about15 average, yeah.16 I mean, there's a -- I think17 everyone knows there's a lot less grant18 money out there right now.19
So, you know,21 we're really only receiving one grant22 from Main Street, and the rest of it is23 assessment money.24
So will you25 25 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 be taking money that -- I guess you'll be2 appropriating more money for street-3 cleaning since --4
-- Citizens6 Alliance will no longer be providing that7 service.8
Yeah. The9 budget for street-cleaning will increase10 by about $20,000 because of the need of11 trash pickup. I'm trying to negotiate12 that to be a little lower.13 And then also, there's the need14 for more special-project days. Like we15 did a street-cleaning on Saturday for the16 Mayor's cleanup program and --17
Plan to24 invest in as far as supporting --25 26 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281
Another one of2 our -- like I said, our big component is3 our special-events program. Now, we did4 just cancel Flavors of the Avenue because5 that event costs about $20,000 to produce6 'cause there's a -- the rental fees for7 it alone are at least $10,000.8 But we have other events that we9 are going to maintain. We just did an10 Easter egg hunt last -- two weeks ago,11 which brought out over 200 families to12 the Avenue; that event only cost about13 $2400 to produce. And most of the cost14 is because of advertising and printing15 and banners and all that.16
Do you17 receive any funding other than the18 property-tax assessment?19
We receive money20 from the Main Street Program. As a21 member of the Main Street Program, we22 receive $50,000 for salary and $25,00023 for facade-improvement grants. And that24 money is sort of a pass-through. It's in25 27 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 our budget, but there's a pass -- it's2 pass-through money.3 So merchants apply for facade4 improvement, which is up to $5,000 for an5 individual to $10,000 for a corner --6
That money9 comes -- it actually comes through the10 Commerce Department.11
Yeah -- well,23 it's 50,000 for salary, and 25,000 goes24 directly to the stores for facade25 28 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 improvements. They submit an invoice, we2 submit an invoice, we get the check, we3 give them the check.4
It's not money6 that we can spend in any other way,7 shape, or form.8
Okay, all9 right. Thank you.10 Thank you, Madam President.11
Thank12 you.13 Are there any other questions or14 comments from members of the committee?15 (No further questions or comments16 from committee members.)17 COUNCIL PRESIDENT VERNA:18 Hearing none, thank you.19
I21 would ask Mr. Erickson to please call up22 our next witness.23
Cathy Lee.24 (Witnesses come forward.)25 29 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281
Good morning. We are8 here. This is my husband, Francis9 Cratil. We opened our restaurant on the10 1900 block of East Passyunk Avenue11 about -- it's going on 18 months.12
You just wanted us20 to identify ourselves at this point,21 right?22
So we're the owners25 30 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 of Le Virtù, at 1927 East Passyunk2 Avenue.3
Well, I have to say6 that without the BID, our business7 wouldn't exist. The only reason we had8 any confidence in investing in the high9 six figures to buy two properties and10 erect an entire building on East Passyunk11 Avenue was the sense of direction and12 purpose that the BID provided and that we13 could see the improvements in facades and14 the fact that someone was taking care of15 cleaning up on the Avenue and the events16 that the BID was having.17 And we also live in that18 neighborhood, so we saw for years a19 general improvement and a -- I want to20 say a forward momentum. Things were21 looking up in a lot of ways. A lot of22 businesses that we really admired were23 opening up, and when we talked to them,24 they all spoke very highly of the BID.25 31 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 And in our meetings with the2 BID, the BID helped us, and it was3 invaluable in publicizing the opening of4 our place. Because we had delays due to5 zoning and delays due to -- we imported6 our chef from Italy, and we had delays7 with the federal government.8 The BID kept word of our9 business alive and to the events like10 Flavors of the Avenue before we opened.11 We actually probably earned hundreds, if12 not thousands, of customers just from the13 stand we put up and the food that we14 produced for those kinds of events.15 I shudder to think, you know,16 with all of the delays and all of the17 problems that we had, what kind of a18 situation we would have been in when we19 finally opened our business if not for20 the BID.21 And now I just don't want to22 think about Passyunk Avenue without the23 cleaning services that the BID is going24 to have to provide, because, the previous25 32 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 speaker is absolutely correct: In just2 one day, you see the trash accumulate,3 and trash just seems to come out of4 nowhere.5 But we have profited from almost6 all of the events, even up at the7 fountain, the market that was up for a8 while. I mean, when the BID would ask us9 to open for these events or to do10 something, we always received a response11 because people were walking up and down12 the Avenue because they came to an event,13 and we would do something to make them --14 you know, to present ourselves to make15 them come in. And because we are open, I16 think, to what the BID was asking us to17 do, we profited from it, I think,18 enormously.19 And we've had a bunch of events20 since then like little pub crawls that21 have brought in customers that probably22 would have never come through the doors23 of our restaurant if not for the BID and24 its efforts.25 33 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281
Thank2 you.3 Any questions or comments from4 members of the committee?5 The Chair recognizes Councilman6 DiCicco.7 COUNCILMAN DiCICCO: Thank you,8 Madam President.9 Good morning and thank you for10 taking the time out of your busy schedule11 to be here this morning.12 Francis, you mentioned that you13 reside in the neighborhood. How long14 have you lived in that community?15
I've lived in the16 neighborhood since 1996.17 COUNCILMAN DiCICCO: And18 where do you -- do you live in proximity19 to the Avenue?20
Yes. We live on21 13th, between Tasker and Morris, so a22 block.23 COUNCILMAN DiCICCO: A block, a24 block or so off the Avenue.25 34 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281
Yeah.2 COUNCILMAN DiCICCO: And the3 reason I ask you that is, as a resident4 for over a decade now, could you just5 speak to what the conditions were ten6 years ago on the Avenue and as it relates7 to how the Avenue is operating and the8 appearance of the Avenue today.9
Well, there was10 much less that we could do when we first11 moved here. Cathy worked at the Art12 Museum, I was busy during the day. A lot13 of businesses were not open, hours were14 sporadic. It was very difficult for us15 to -- Cathy never was able to shop on the16 Avenue due to -- somewhat due to hours.17 But also, there were a lot of, I18 think, properties in decay that are now19 viable businesses that were attracted by20 the BID. I mean, there are a lot of21 businesses now that we frequent that22 didn't exist when we came to that23 neighborhood.24 But it's beyond just Passyunk25 35 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 Avenue. A lot of our current neighbors,2 a lot of people who were attracted by the3 businesses that have opened since we4 moved to the neighborhood, probably a lot5 because of the BID, because we know all6 the -- a lot of these owners who have7 opened up businesses. And we have8 neighbors now who basically will come9 down, walk around the neighborhood, and10 get a very good feel for what was going11 on on East Passyunk Avenue and invest12 then in a house in our neighborhood.13
Residents.16 COUNCILMAN DiCICCO: So the BID17 has actually had a twofold benefit.18
Oh, it has, without19 a doubt. I mean, and people -- there's20 also people, longtime residents in our21 neighborhood, who've completely redid22 their facades, redid their houses just23 out of a sense of optimism.24 Because when we first moved to25 36 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 13th and Tasker, we had -- actually, the2 guy we bought our house from and people3 said, "You got here too late. It's4 over." Well, it wasn't over. In fact,5 it's been -- it's just been getting6 better and better every year we've been7 there.8 And I don't think that it's9 possible to separate that from the10 activities of the BID.11 COUNCILMAN DiCICCO: And that's12 important.13 I just -- and I'm familiar with14 your restaurant; I go there, as you know,15 frequently. The building that you16 occupy, was that vacant, a vacant17 building?18
It was vacant.19 COUNCILMAN DiCICCO: And next20 door -- I'm not sure -- my colleagues may21 not have been down there so I'm trying to22 give them a sense of what's going on, on23 the 1900 block at least.24 And the building you operate now25 37 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 as a restaurant was once a vacant2 building.3
Yes.4 COUNCILMAN DiCICCO: And you5 also have access to a green lawn type of6 space, property --7
Yes.8 COUNCILMAN DiCICCO: -- that was9 also the site of a vacant building that10 had been demolished?11
But the building we12 bought was vacant. Next to it was an13 abandoned property that had been14 demolished; there was nothing there but a15 muddy field. And then next to that is16 what is currently the large garden17 expanse.18 And we erected a building on19 that. We remodeled the building we20 bought and we erected a building on what21 was the vacant property.22 COUNCILMAN DiCICCO: Thank you.23 And let's just go back to your24 private residence, and I'm not asking for25 38 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 exact numbers, but what you paid for your2 house when you bought it in '97, would3 you agree that you've seen a significant4 increase --5
Fivefold.6 COUNCILMAN DiCICCO: -- in the7 value of your property?8
Fivefold.9 COUNCILMAN DiCICCO: And do you10 think that the increase in your property11 value, aside from the fact that the12 economy was good up until we went in the13 tank recently, do you think that any of14 that is attributable to the BID and how15 the BID has made improvements to the East16 Passyunk Avenue corridor?17
I think a great18 deal of it is attributable to the BID,19 yes.20 COUNCILMAN DiCICCO: Thank you.21 Thank you.22
Any23 other questions or comments?24 The Chair recognizes Councilman25 39 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 Kelly.2
I just had a3 question. You're currently paying the4 assessment for the services now?5
Would you7 have any objections if that fee was to be8 increased?9
No. For the amount14 we've paid, what we've gotten back is --15
I know16 Councilman DiCicco mentioned something17 about amendments.18 COUNCILMAN DiCICCO: Yeah. I --19
But we're20 speaking about now how there could be a21 property-tax increase. There could be;22 I'm not saying there will be, but based23 upon that --24 COUNCILMAN DiCICCO: Point of25 40 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 order, if I can.2 The amendment will adjust that3 so that there's not any significant4 increase.5
Okay.6 COUNCILMAN DiCICCO: I think it7 will probably stay the same, but if there8 is an adjustment, it would be minimal at9 best.10
Okay. So you11 will adjust it in case there is.12 COUNCILMAN DiCICCO: That's what13 the amendment addresses.14
Michael Clausten.24 (No response.)25 41 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281
All14 right, fine. Then let's go to the next15 witness.16
I'm23 sorry. Please identify yourself for the24 record.25 42 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281
I'm sorry. I2 forgot to identify myself. My name is3 Walter Lucidi. I have a store on4 Passyunk Avenue, and I also am employed5 by the City Department, at the Department6 of Human Services, so I'm not at my store7 every day; my store is only open part-8 time.9 But, anyhow, I came here today10 because I heard that the Citizens11 Alliance is being shut down as of April12 30th and that we're no longer going to13 have street-cleaning. You know, to me14 street-cleaning is very important15 because, you know, I live on the Avenue16 and also have my business there.17 So when everybody goes home on18 Saturdays and Sundays, I'm stuck picking19 up the trash and cleaning the streets.20 Anybody who knows me sees me out there21 every day with the broom, the mop, the22 hose, and everything else.23 I saw Councilman Curtis Jones24 come in here a few minutes ago. You25 43 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 know, when Mr. Jones was in charge of the2 PCDC, I used to go up there because I3 used to run the association. I used to4 go up there and beg and borrow to try to5 get some services for our district. And6 Mr. Jones used to say to me you, you7 know, "You guys are on standby because8 you have a great corridor." You know,9 "You don't need any help from us."10 Then I used to go to Front and11 Spring Garden and talk to Mr. Rocky12 Nelson to get the street cleaned, and we13 always got services. Then, all of a14 sudden, everything stopped, and the15 street became a pig pen.16 So then this BID came along.17 And, at first, you know, I didn't see18 much improvement. Then they hired this19 guy Rocky, and the guy's out there three,20 four times a week cleaning the streets.21 Now I heard that they hired a Gold Medal22 Company to pick up the trash, and this23 guy Rocky still wants to continue to24 clean the street.25 44 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 So I came here today basically2 to talk about the street-cleaning. You3 know, for me, it's a pet peeve, whatever4 you call it. You know, it's important to5 me.6 So Councilman...7
Mentioned something9 about $50,000 or $55,000. I don't know10 the figures. I don't know, you know, how11 much of the BID money goes here or there;12 I don't know.13 All's I know is, today, before I14 came here, I did the math: I pay about15 275 a year. And to me, it comes out to16 about $1.75 a day to pay this guy to17 clean my street. And to me, it's worth18 it, you know, to have the streets19 cleaned.20 So that's what I'm here to21 testify to. I like the street-cleaning.22 You know, I think it's important as a23 resident and as a merchant on Passyunk24 Avenue, and I want it to continue.25 45 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281
Thank2 you very much.3 Any questions or comments from4 members of the committee?5 (No questions or comments from6 committee members.)7
Good morning,18 Council. My name is Anthony Maugeri. I19 own a store called Today's Styles. I20 also am a BID director.21 I've been on Passyunk Avenue for22 almost 30 years now, as a store- and23 property-owner; I also own the property24 there. I used to own two properties25 46 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 there with another retailer, which I had2 closed down just recently.3 The BID -- I seen Passyunk go4 from, in its heydey, when it was as busy5 as anything, to it going down. And in my6 view, we're back, starting to come back7 again.8 And the BID has kept the streets9 clean, which is so important to retail.10 It has helped us project. People have11 talked that there's a buzz about the12 street. Retailers want to come here,13 people are looking at the street.14 Businesses are coming there, and fronts15 are being repaired. There's activity16 there.17 And I think the BID has served a18 decent function in the last couple of19 years. We have put up lighting on the20 street, which are beautiful; people have21 complimented the lighting that we have22 put up there. So we do serve a function.23 I understand that people are24 upset because we tax them. And at this25 47 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 time, anything that says taxes is not a2 favorable thing with people today. But I3 think for the amount of money that it4 comes to, it's so minimal that if we5 could get past that and realize how small6 of amount of money that is, that it's7 very beneficial to the street itself.8
Thank9 you very much.10 Any questions or comments from11 members of the committee?12 (No questions or comments from13 committee members.)14
Good morning. My24 name is Anthony Criniti. I own a real25 48 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 estate on Passyunk Avenue as well as2 several properties on the Avenue, and3 I've been an investor and an owner since4 1984.5 I'm here to say that I'm happy6 with the job that the BID has done. I've7 received money through the BID for facade8 programs on several of my properties.9 And the streets are well-10 maintained. For a small amount of money,11 for a little over a dollar a day, I can't12 see what the problem is.13
Thank14 you.15 Are there any questions or16 comments?17 Councilman DiCicco.18 COUNCILMAN DiCICCO: Thank you,19 Madam President.20 Thank you also for being here21 today.22 As a Realtor -- you heard my23 questions to Francis and Cathy earlier --24 do you see the benefit of the BID as it25 49 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 relates not only to individual businesses2 but to the corridor and the adjacent3 community?4
Oh, absolutely.5 In '99, there was 14 properties on the6 Avenue for sale; everybody was leaving.7 Since the BID came about in, I'd say, in8 early 2000 or whenever, somewhere's in9 that area, they took these vacant10 properties, they renovated them, they11 created services for the Avenue, and they12 issued these facade programs. I mean, I13 took advantage of 'em; I don't know how14 many other people did, but I took15 advantage of it.16 And I think it's made a big17 improvement. It brought in a new18 generation to an almost-dead corridor.19 You know, ten years ago, there was no20 young people on the Avenue, there was no21 interest in being there. The stores were22 closing and the people were leaving.23 It could have been another24 Seventh Street, you know. And you know,25 50 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 you've been around long enough to know.2 Seventh Street, back in the old days, was3 thriving. Forget it, it's been deserted4 for 40 years now.5 COUNCILMAN DiCICCO: And how6 many properties you said were vacant at7 one time?8
Fourteen.12 COUNCILMAN DiCICCO: Okay.13 Those are -- but they have all -- most of14 those properties, correct me if I'm15 wrong, have been purchased.16
Yes.20 COUNCILMAN DiCICCO: And they21 have been renovated or are under --22
They've been23 renovated or are under renovation right24 now.25 51 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 COUNCILMAN DiCICCO: Thank you.2 And they'll be made available to3 entrepreneurs or whoever, correct?4
Good morning. My17 name is Rosemary Gallo. 22 I opened the first center in23 1998 on the 1500 block of East Passyunk24 Avenue. At that time, only two other25 52 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 storefronts were occupied by businesses;2 all the other storefronts were empty and3 in disrepair. 6 Today, every storefront is7 occupied. There are now nine additional8 businesses on my block, and the street is9 bright, active, and very clean. 14 Before the formation of the BID,15 the streets and sidewalks surrounding our16 daycare were full of trash. 20 Thanks to the BID and the21 monumental assistance of Citizens22 Alliance for Better Neighborhoods, our23 streets and sidewalks are clean and24 pedestrian-friendly. 6 It will be a huge challenge to7 keep our streets clean without Citizens8 Alliance, but I'm confident that the BID9 will work diligently to find an10 alternative solution. 13 My husband and I are lifelong14 residents of East Passyunk Avenue, and15 we've raised our two daughters here. We16 are committed to the success and17 continued improvement of our18 neighborhood. In 2004, we renovated and19 moved into the upper floors of our20 property located at 1510 East Passyunk21 Avenue. 9 In conclusion, I would like to10 see the Passyunk Avenue Business11 Improvement District continue its12 mission. 4
Thank5 you.6 Any questions or comments from7 members of the committee?8 (No questions or comments from9 committee members.)10
Good16 morning and welcome. Please identify17 yourself for the record.18
My name is Lynn19 Rinaldi. I own two restaurants along20 East Passyunk Avenue: Paradiso, which I21 opened in November of 2004, and we just22 recently opened a Japanese restaurant on23 1601 East Passyunk Avenue.24 When I started looking for25 57 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 property along the Avenue, I seen a lot2 of potential. I mean, it was 2003; there3 wasn't too much going on, there was still4 a lot of vacant properties.5 But when I started to do a6 little bit of investigating, I found out7 that there was -- it was a Business8 Improvement District. And I have to say9 that's what attracted me to leasing and10 then purchasing my property, my first11 restaurant.12 And for the amount of money that13 gets paid, I think all of the businesses14 and the community as a whole sees the15 benefit of the BID. And if I did not16 have confidence that the BID would17 proceed to make the Avenue grow, I would18 have never invested in a second19 restaurant.20 So I just hope to see that the21 BID exists in the future.22
Thank23 you.24 The Chair recognizes Councilman25 58 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 Kenney.2
Thank you,3 Madam Chair.4 Could you tell me what was in5 your -- in Paradiso restaurant prior to6 it being Paradiso?7
It was a vacant8 furniture store. I believe it was vacant9 for approximately five years.10
And when you11 opened your Izumi, the sushi restaurant,12 on the corner, what was in there?13
When I was14 younger, it was a dry cleaners, and then15 I believe it was an office.16
Thank24 you.25 59 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 Any other questions or comments?2 (No questions or comments from3 committee members.)4
Good morning. My12 name is Ken Brownell, and my business13 address is 1235-37 East Passyunk Avenue.14 Our family purchased that property last15 spring. And in July, my son opened it up16 for business as the South Philly Bar &17 Grill.18 Our business plan provided for19 adequate working capital for a slow first20 year, but we could never have anticipated21 the devastating effects that the22 recession would have on our business23 operation. And, quite frankly, in these24 difficult times, we're struggling to25 60 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 survive.2 During our first ten months of3 operation, we never received any4 information from the BID organization --5 no welcome packet, no letters, no6 information about the organization, which7 might help us understand what the BID8 organization was, how much it would cost,9 and how it would help improve our10 business area.11 However, in March of this year,12 I received a tax bill from BID for $2975.13 We are struggling to survive, and this14 assessment is significant. Given the15 deepening recession and the devastating16 toll it has already taken on the local17 business community, it would seem prudent18 that City Council would make every effort19 to protect small businesses from20 discretionary and/or expiring tax21 assessment programs.22 Speaking for myself, I could23 really use the money to help keep our24 business afloat and help maintain our25 61 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 staff of employees and keep them2 gainfully employed. It is timely3 unfortunate that the BID District is up4 for renewal during this time of economic5 crisis.6 And I'm grateful that I have the7 opportunity to voice my opinion. Thank8 you.9
Thank10 you.11 Councilman DiCicco.12 COUNCILMAN DiCICCO: Thank you,13 Madam President.14 Good morning.15
Good morning.16 COUNCILMAN DiCICCO: I'm sorry.17 I didn't get your last name.18
Brownell,19 B-R-O-W-N-E-L-L.20 COUNCILMAN DiCICCO: Brownell.21 Thank you. Thank you for coming.22 Your restaurant, is that the one23 that sits between Pat's and Geno's?24
That's correct.25 62 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 Yes, sir.2 COUNCILMAN DiCICCO: It was -- I3 can't remember the prior name.4
Anastasi's.5 COUNCILMAN DiCICCO: Yeah,6 Anastasi's. Thank you. And they went7 out of business.8
That's correct.9 COUNCILMAN DiCICCO: And your10 family bought that at the auction?11
That is correct.12 COUNCILMAN DiCICCO: At the13 auction, all right. I just wanted to14 make sure I was clear on that.15 Did you say your tax assessment16 for the BID was $2900?17
$2975.18 COUNCILMAN DiCICCO: And I19 understand that business is bad, but I20 remember when Anastasi's was there -- and21 Anastasi had a popular name, if you will,22 'cause they own a restaurant a couple23 blocks north, and they were not able to24 succeed, and I hope you do succeed.25 63 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281
Thank you.2 COUNCILMAN DiCICCO: The last3 thing we want to see is any more4 businesses fail.5 But I think there's obviously a6 communication issue here. I don't know7 your family, no one contacted me -- not8 that they needed to -- as the Council9 representative for your community. I10 just think that it's an issue that you11 may want to talk to Renée Gillinger12 about, who's the executive director.13 I think because when the change14 of ownership and the building had been15 vacant for a couple of years, there had16 been the auction, and there was a lag17 time from the time the auction was18 completed to the time you guys opened.19 So I think it kind of fell through the20 cracks.21 And Renée has really only been22 there since December. So I think after23 this hearing, you may want to talk to24 Renée, if you haven't already done so.25 64 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 And we'll work on that communication2 problem if there's still -- you know, I3 don't think you'll have that, going4 forward.5 But I would also like to point6 out that -- and I think you've heard some7 of the folks who are in favor of the8 BID -- obviously, you've been here for9 the hearing -- talk about the positives10 of this.11 I can talk to that property when12 Pat's Steaks owned that probably 40, 5013 years ago, and I believe they had an ice14 cream parlor there. I think that the15 activity there not only that's generated16 from Pat's and Geno's, but there's a lot17 more activity on Passyunk Avenue from as18 far north as Bainbridge Street now19 extending as far south as McKean.20 And a lot of it has to do with21 the BID, in my opinion. And I think22 you'll see a lot more younger faces and23 different folks who are not permanent24 residents of that community patronizing25 65 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 businesses.2 And I think -- and I could be3 wrong -- that you may, your business may4 be, the benefactor of some of that new5 increase in clientele. I have not have6 been in your place since Anastasi was7 there, so I can't speak from personal8 experience, but I have to believe that9 you are getting some of that business.10 And if you work out the11 communications issue -- as Renée said,12 they did a special night last night -- I13 think you could be part of that program.14 Your business could be part of that15 program, going forward.16
Again, you know,17 we -- during our first night -- during18 our ten months of operation, we19 anticipated that it was going to be a20 startup and that we were going to need21 extra capital to help make it work. You22 know, the recession hit us very strongly23 in maybe September or October.24 But during our initial phase of25 66 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 operation, I mean, they know the name --2 you know, the BID organization has to3 have information about us, know that the4 property was sold, and communicate with5 us.6 COUNCILMAN DiCICCO: Well,7 again, I --8
Again, that9 didn't happen, other than --10 COUNCILMAN DiCICCO: And I'm not11 trying to make excuses. I mean,12 obviously, there's a communication13 problem, and I'm recognizing that. And I14 think that we -- going forward, I think15 that you could benefit by having those16 conversations with the new executive17 director, Renée.18
Thank you,22 Madam President.23 The other issue, as I look24 through the tax numbers, is that your25 67 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 building seems to be over-assessed. I2 mean, you're paying $14,000 in3 real-estate taxes, and some other4 properties that are bigger than yours are5 a lot less.6 So I would suggest -- and our7 offices could help you file a petition8 with the Board of Revision of Taxes to9 have that looked at. I think you really10 should do that because it really is out11 of whack with the rest of the properties12 on the block.13
Thank you. I14 appreciate that.15 The other thing that I would say16 is that it's a three-story building, and17 we really only occupy the first floor.18 So we're paying based on three floors but19 the fact is that --20
So we'll be24 happy, before you leave today, to get you25 68 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 started on your tax appeal.2
I'm8 sorry. Just a minute.9 The Chair recognizes Councilman10 Kelly.11
Thank you,12 Madam Chair.13 Councilman Kenney just gave me14 the answer. I was going to ask you about15 assessments. But 2975, was that for one16 year?17
I was sent a25 69 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 bill, and I believe it's due on April2 15th or April 30th.3
Have you4 contacted anyone from the organization to5 see if they could have payments broken6 down into --7
No, we didn't. I8 did speak with Renée just the other9 night. I introduced myself and10 identified -- you know, identified our11 situation, but we have not --12
You weren't?16 So have you noticed any improvements17 because of the --18
-- for less than23 a year, no, I really can't speak to that24 issue.25 70 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 I can say that we're kind of at2 the end of the BID district. And it3 seems like the lighting and a lot of the4 activities that go on end at, uh...5 Tasker Avenue or Tasker Street so that6 the east part of East Passyunk doesn't7 seem -- because there's not as much8 business there or business activity there9 except for Geno's and Pat's in that10 little pocket at the end, there doesn't11 seem to be that much attention paid to12 that area.13 But, again, I don't have past14 experience.15
You're21 welcome.22 Thank you so much.23 Our next witness?24
Georgia A.25 71 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 Pasquarello.2 (Witness comes forward.)3
Good4 morning. Welcome. Please identify5 yourself for the record and proceed with6 your testimony.7
George Anthony8 Pasquarello, Shoe Barrel, 1812 East9 Passyunk Avenue. I've been in business10 there since 1977. And I want to thank11 the Council for hearing us today, and I12 appreciate it.13 This improvement district, which14 actually was talked about in -- starting15 in 19, um, 98, 99, had quite a few16 meetings at Alladio's, an old restaurant17 on Passyunk Avenue, and Stephanie's18 Catering on the Avenue, attended by19 Mr. Frank DiCicco and Mr. Jim Kenney.20 And also, I believe a few times21 Senator Vincent Fumo -- former Senator22 Vincent Fumo was there, promising us a23 land of Utopia, that this was going to be24 a model for Business Improvement25 72 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 Districts after ours.2 One question that amazes me is3 that when we talked about this, it was4 only going to be a 10 percent fee on our5 real-estate tax, which was, at that time,6 the highest in the City, talking about7 South Street or Manayunk or Roxborough,8 okay?9 Somehow or another, we were sent10 paperwork out that it was a 20 percent11 increase in our taxes. We feel that12 we've been real-estate-taxed out to death13 20 percent for seven years.14 Another thing in the bylaws,15 which is stated, is that they don't give16 us the right to vote on anything.17
25 73 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 Quite a few times, there was2 Wally Lucidi, who was here speaking, the3 jeweler. He was on the board. 21 "I want this voted on at your22 next meeting, dated December 3rd. 24 Nothing was done. 3 In June, in another article in4 the paper, the Review of South Philly,5 Wally Lucidi is recommending and asking6 for the same. 7 I requested at that time a few8 members of the board to let's go over9 this, we're all men here, okay? Hitting10 us for 20 percent is a lot of money,11 okay? 16 Another thing here is the17 proposal improvements for the Business18 Improvement District, which is the first19 article back in 2003. Explore trolley20 loop via Broad Street. 22 Trashcans happened during the summer, a23 few months ago, whatever. 25 75 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 Sidewalks. We sweep the --2 under the agreement with the Philadelphia3 BID that this -- that this sidewalk-4 sweeping capacity, trained staff and5 motorized equipment. Well, Citizens6 Alliance came down for a year with the7 equipment and accessory. 9 Also, Wally made a point that10 the streets were getting a little dirty11 at the time and et cetera. 17 We were supposed to get trees,18 special lighting, coordinating 15-foot --19 which is pedestrian lighting. 21 Had a meeting at Alladio's again22 and et cetera. City officials down23 there, doing an aerial view of what the24 Avenue was going to look like in the four25 76 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 blocks -- trashcans, benches and et2 cetera. It never happened. Why didn't3 it happen? Supposedly, the money was4 taken by highway -- 200,000 here, 50,0005 there. 6 At that point, being frustrated7 and whatever, we still had a street8 sweeper at that time, okay? coming down9 two, three times a week. It wasn't cut10 off immediately; it was gradually didn't11 see the guy anymore. Hey, where you12 going? Well, they transferred me to13 Bella Vista. 22 Also, what's really interesting23 here is the no-personal services or24 treatment of patients, which is Bill25 77 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 No. -- which was created October 9, 2003,2 Bill No. 030657, okay? No personal3 service, which means personal service4 treatment of patients, a lending service5 store we have there that's not supposed6 to be there, okay? Allstate Insurance,7 which is not supposed to be there. An8 accountant, which is not supposed to be9 there. 13
Okay? Now,15 the -- four? Okay, so I said "four or16 five." We have four, okay?17 And the only reason why is, when18 I spoke to the Business Improvement19 Districts of South Street, Manayunk,20 Roxborough, they put these establishments21 on the second- or third-floor level or22 side streets so it doesn't interrupt23 their retail space.24 Now, what happens with these25 78 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 establishments on a Saturday and it's the2 busiest day -- the busiest day -- of the3 week for retailers, these establishments4 are closed. So you're taking a good5 dozen spots away from retailers, retail6 sites, but they let this continually go7 on.8 Street lighting. It says9 here -- not street lighting, Christmas10 decorations or holiday decorations for11 the full length of the district, which12 runs from Passyunk and Federal to Broad13 and Snyder. Christmas lights are only14 put up for four blocks, but yet you want15 X-amount of dollars to decorate all of16 these streets you're not decorating,17 okay?18 The -- I mean, I could go on and19 on and on. And it -- it's a shame.20 And the only thing I'm saying is21 what Frank DiCicco said in his statement22 here, I believe, in the South Jersey23 Inquirer -- I'm from Bellmawr, New24 Jersey -- and it's stated here in the25 79 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 summer: "To the Rules Committee for2 gambling, we'd like to have an3 opportunity to control our destiny."4 It's right here. That's all we5 want.6
If we're not9 involved with our own destiny, we've got10 a problem --11
-- and I hope14 the Council could check it over, send an15 independent group down there --16
Thank17 you.18 (Indiscernible; parties talking19 over each other.)20
I see21 Councilman DiCicco has his light on and22 --23
I appreciate24 him --25 80 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281
Just a2 moment, please.3 COUNCILMAN DiCICCO: Relax,4 relax.5
The6 Chair recognizes Councilman DiCicco.7 COUNCILMAN DiCICCO: Thank you,8 thank you, thank you.9 Good morning. And thank you for10 being here.11
Good morning.12 COUNCILMAN DiCICCO: You covered13 a lot of territory in your comments, so14 I'm going to try to remember some of15 those that are highlighted in my mind.16 You referenced meetings with me17 and Councilman Kenney and possibly18 Senator Fumo that took place in 1997,19 '98?20
No, no, no. I21 would say about '98, '99.22 COUNCILMAN DiCICCO: '98, '99.23
'99, yeah.24 COUNCILMAN DiCICCO: That's25 81 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 prior to the BID; is that correct?2
It's prior to3 the BID. I --4 COUNCILMAN DiCICCO: The BID --5
Yeah, I'm8 sorry.9 COUNCILMAN DiCICCO: Here's how10 it works: I ask a question, you answer.11
No problem,12 you got it.13 COUNCILMAN DiCICCO: All right?14 We listened to you, you have to --15
I'm yours.16 COUNCILMAN DiCICCO: Who ran the17 Passyunk Avenue Businessmen's Association18 prior to the BID? Were you a member of19 that board?20
No, I wasn't a21 member of the board, but --22 COUNCILMAN DiCICCO: Did you --23
-- there was24 Michael -- Michael Giordano was president25 82 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 of the board at that and --2 COUNCILMAN DiCICCO: But you3 attended meetings and you were operating4 a business at that time.5
Right.6 COUNCILMAN DiCICCO: So you7 played no role in any of the decision-8 making at that time?9
We --10 COUNCILMAN DiCICCO: You were11 not a board member?12
Well, we13 didn't leave it up -- basically up to the14 board. We had meetings every --15 COUNCILMAN DiCICCO: No, I'm16 asking you: Were you a board member?17
I wasn't a18 board member.19 COUNCILMAN DiCICCO: You were20 not a board member.21 Were you a volunteer on any of22 the committees at the time?23
Sure. We had24 a decoration committee, event committee,25 83 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 sure.2 COUNCILMAN DiCICCO: You3 mentioned a $400,000 street improvement4 grant that you've really never seen5 anything happen as a result of that?6
Nothing7 that -- oh, the only thing we did receive8 from that was the --9 COUNCILMAN DiCICCO: Well --10
No, I'm11 saying, was the street -- you asked me if12 I received anything about it, and I'm13 telling you we received the street14 lighting, which is the --15 COUNCILMAN DiCICCO: But in your16 testimony, you said there was no street17 lighting.18
No, no, no.19 I'm talking about the -- the lights --20 COUNCILMAN DiCICCO: The21 pedestrian streetlights.22
We did the23 30-footers for the traffic at night to go24 on --25 84 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 COUNCILMAN DiCICCO: And that2 was all a part of the streetscape3 improvement --4
Yes.5 COUNCILMAN DiCICCO: -- that I6 was able to earmark money from the7 Commerce Department for those8 improvements.9
Yeah.10 COUNCILMAN DiCICCO: So you got11 street lighting. You didn't get12 pedestrian street lighting; you got13 street lighting for the --14
Pedestrian15 street lighting, 15-footers, right.16 COUNCILMAN DiCICCO: You17 received -- trees were planted. There18 were sidewalk improvements and benches.19 Is that accurate?20
No.21 COUNCILMAN DiCICCO: No? Well,22 how did the benches get there?23
Well, you only24 got two benches for four blocks.25 85 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 COUNCILMAN DiCICCO: Are they2 benches?3
We only got4 two --5 COUNCILMAN DiCICCO: Did you get6 street lighting?7
No. I8 wouldn't consider that. No, I wouldn't9 consider --10 COUNCILMAN DiCICCO: Well, what11 do you --12
The street13 lighting was complained about for years,14 that nobody --15 (Indiscernible; parties talking16 over each other.)17
Excuse me,18 Frank, that the lights weren't working,19 they weren't working.20 COUNCILMAN DiCICCO: Now, you21 said you got nothing out of the $400,000,22 and you were a part of an organization23 that oversaw those improvements. So I24 don't follow your logic here.25 86 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281
I don't know2 what --3 COUNCILMAN DiCICCO: You're4 condemning the BID --5
There -- there6 was no improvements to be had.7 COUNCILMAN DiCICCO: You're8 condemning the BID --9
Yeah.10 COUNCILMAN DiCICCO: -- of which11 it had nothing to do with the12 improvements of 1998, 1999.13
There's no14 improvements. There was supposed to be15 improvements of everything. You're16 supposed to have an archway over the17 Passyunk Avenue indicating Passyunk18 Avenue --19
-- five22 stores, catering, to family affair.23 Okay? And that never happened, Frank.24 COUNCILMAN DiCICCO: I'm going25 87 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 to --2
If you're3 telling me --4 (Indiscernible; parties talking5 over each other.)6 COUNCILMAN DiCICCO: George,7 George, George --8
There was9 nothing here that --10 COUNCILMAN DiCICCO: George, let11 me ask you a question.12
There was13 lighting there that was depleted for14 years. We complained to the City.15 COUNCILMAN DiCICCO: George --16
I know, Frank,20 I know.21 COUNCILMAN DiCICCO: No, you22 don't know 'cause I didn't ask the23 question yet.24
I know, okay.25 88 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 COUNCILMAN DiCICCO: I attended2 a meeting a few months ago at the Older3 Adults Center.4
Mm-hmm.5 COUNCILMAN DiCICCO: And you had6 some similar concerns that you've had for7 about the 15 years that I've been8 involved with Passyunk Avenue.9
Mm-hmm.10 COUNCILMAN DiCICCO: Did you11 volunteer for any of those committees as12 a result of that last meeting?13
For any of the17 meetings? (Shakes head.)18 COUNCILMAN DiCICCO: Are you on19 any committees?20
They don't21 want to listen to me because I --22 COUNCILMAN DiCICCO: No, no. I23 asked if you were on a committee.24
I --25 89 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 COUNCILMAN DiCICCO: Did you2 volunteer to be on any committee?3
No, I didn't4 volunteer.5 COUNCILMAN DiCICCO: All right.6 And I just want to point out one thing,7 'cause you're quoting things out of8 newspapers. In Jimmy Tayoun's paper, you9 were recently quoted as saying:10 "When they are starting to gear11 up for the dinner hour" (meaning the12 restaurants) "I am starting to close."13 Now, how do you expect to do14 business if you're closing your business15 at the peak hour of pedestrian traffic?16 And you talk about Saturday17 being the busiest day of the week; it's18 really Sunday. And are you open on19 Sundays?20
Am I open21 Sundays? No.22 COUNCILMAN DiCICCO: Okay.23 Thank you.24
No.25 90 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 Yeah, Frank, a follow-up on2 that: Explain to me why on my block of3 1800 East Passyunk, when this Business4 Improvement District started, there were5 no empty retail stores. Now, we have6 seven. Now we have seven empty stores.7 COUNCILMAN DiCICCO: And they're8 all being renovated as we speak.9
They're13 finished, Frank.14 COUNCILMAN DiCICCO: George --15
They're all16 finished being renovated or whatever, but17 there's no rent signs and there's no sale18 signs.19 Tell me one thing, Frank: Do20 you know Steve Debacco? He owns -- he21 owns the biggest store. Listen, the22 three-store occupancy on the Avenue next23 door to me, okay, and he's still on the24 board. And that building's been empty25 91 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 for two-and-a-half years, Frank, with no2 sale sign, with no rent sign, and this3 guy is still on the Business Improvement4 District Board.5 COUNCILMAN DiCICCO: George --6
What -- what7 is he doing for the business on the8 Avenue?9 COUNCILMAN DiCICCO: George, you10 think you're at a community meeting;11 you're not.12
All13 right.14 COUNCILMAN DiCICCO: Could you15 just relax a little bit, please.16
All20 right. Thank you.21 COUNCILMAN DiCICCO: -- what do22 you propose that we do with Allstate and23 the other businesses that you say don't24 fit into the BID that were preexisting25 92 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 businesses?2
They were not3 preexisting businesses.4 COUNCILMAN DiCICCO: Oh, they5 weren't? Okay.6 Thank you, George.7
I just had --14 before you -- well, I don't have a15 question for George. It's something that16 he said. And I don't know; maybe17 Miss Gillinger could be able to explain18 it.19 You mentioned something about a20 20 percent assessment and that in other21 areas it's only 10 percent, and I just22 wanted to get a --23
(Inaudible,24 off-mic.) ...to Manayunk yesterday.25 93 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 Theirs is 7 percent; a few years ago,2 they were still at 7.3 Spoke to South Street:4 10 percent up to a few years ago,5 10 percent also. They're at that steady6 level right now.7
I don't really13 know. I've just gotten a few. I mean, I14 have things written down here that are a15 little sketchy that I can go over.16 But the average between --17
Yeah, I know18 there's one in Germantown also, and19 there's one in --20
Oh, yeah.21 There's about, I would say, 15 to 1722 business districts as it stands now.23
Ours is --25 94 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281
And most of2 them are 10 percent or lower? Most of3 them are --4
Most of them5 are between 7 and 10 percent, okay? And6 10 percent is the highest at that point.7 Ours right now exceeded double that8 amount. I don't know. We've asked9 questions, never got anything.10 Also, I was very (indiscernible)11 is, like, we're supposed to receive a12 financial statement at the end of every13 year. No one has ever received it. You14 could ask any property owner here; they15 never received any financial statement.16 And it also states in the bylaw17 that Council is supposed to receive a18 financial statement also. I don't know19 if you guys ever received any. Does20 anybody review the --21 I'm not knocking you, Council,22 don't get me wrong, but how can you write23 up something and say "Go get 'em, guys,"24 and if somebody doesn't pay their --25 95 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 their BID tax, you guys put a lien on2 their property.3 I'm in the shoe business. I4 don't pay for a case of shoes until the5 case of shoes come.6 I'm sorry to interrupt you, but7 --8
Maybe13 Mrs. Gillinger could be able to explain14 that, why it's 20 percent.15
Before she20 gets up here, I just have one question.21
My BID25 96 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 assetment [sic]?2
So it really16 isn't costing you anything then, is it?17
So then it24 hasn't cost you anything.25 97 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281
It's not the14 money issue, Jim. Seriously, it's not15 the money issue.16 It's that when a group of people17 come down here and they start buying18 property in '99, 2000, 2001 and tell you19 this is going to be a Utopia, okay?20 (Indiscernible; parties talking21 over each other.)22
I don't25 98 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 think I ever used the word "Utopia." I2 don't think that's --3
They said that4 this was going to be a model for every5 Business Improvement District hereafter.6
But you got to9 bang everybody 20 percent of their10 real-estate tax --11
It's not the25 99 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 point. It's not going to happen --2 (Indiscernible; parties talking3 over each other.)4
Nah. It --7 it -- listen, it's -- not when you have8 it -- the only thing you've done in these9 bylaw that you did do is bang everybody10 20 percent of their real-estate taxes.11
Thank25 100 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 you.2
Well, I just7 wanted to know what the 10 percent is. I8 just wanted to get an idea.9 COUNCIL PRESIDENT VERNA:10 Ms. Gillinger, would you please approach11 the witness table.12 (Ms. Gillinger returns to witness13 table.)14
I just don't15 understand it, why -- why it's 20 percent16 for this...17
Yeah. When I18 first started the job, I also said, you19 know, 20 percent. I had heard that South20 Street was 7 percent from speaking to the21 merchants.22 So I went and looked on the BRT23 to find out, what does 7 percent mean to24 South Street? and what does 20 percent25 101 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 mean to the BID?2 So I looked up a few properties.3 Also, I called Manayunk. Manayunk4 charges a little over 9 percent, but they5 actually would like to increase their6 rate.7 For a similar-size property,8 square footage, a property in Manayunk9 assessed at 9 percent would pay $370 in10 our business district.11
Because our13 property taxes are so much lower, it14 would be $317.15 On South Street, a 7 percent tax16 on a similar property on the 700 block of17 South Street, where I've had two offices18 in the last few years and have seen no19 street-cleaning, no services, no20 lighting -- and I know they just put some21 stuff in. But that would be $500 for the22 exact same-size property.23 So while the percentage is lower24 elsewhere and it is higher where we are,25 102 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 the actual dollar-amount that they pay is2 lower.3
It's based on6 the property tax value, absolutely.7 The numbers come from the BRT.8 And 20 percent is still less than9 9 percent in Manayunk or 7 percent on10 South Street or 6 percent in Center City.11 So it's -- that's -- that's, I12 think, the real -- the real number to13 look at.14
In another15 area that George mentioned, do you submit16 an audit to the City about expenses?17
I -- I -- I'm18 audited by an accountant every year, and19 we actually just completed our up-to-200820 audit. Yeah, I mean, it's available for21 anybody that'd like to see it.22 I have -- I'm audited through23 every year.24
Do you submit25 103 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 it to the City, though?2
I have not. I'm3 sorry. I've only been there since4 December, and I didn't know if I was5 supposed to. But they are welcome to it6 if they would like it, yeah. I have7 copies of everything.8
Yes, absolutely.10 Oh, yeah. We're audited up through 2008,11 which, I think, is pretty good,12 considering it's only March or April.13 Anything else that you would14 like me to address?15
And23 who would be after him?24 (No response.)25 104 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281
Tom,2 who would be after him?3 (Witness comes forward.)4
Good morning,5 people on the board.6 I'm a business -- my name is7 Anthony Nicosia. I have a body shop,8 A&M Auto Body, Passyunk and Federal.9 Been there 28 years or so. And I'm a10 property owner and a business owner.11 And the thing is, is, you know,12 the first I ever heard of this -- this13 organization was when I got a bill in the14 mail for, like, you know, and then I15 started inquiring about it. Now my16 bill's going to be about 750 or over17 $700, which my business is off 6018 percent.19 We're in the -- we're -- I'm in20 the Italian -- I always thought we were21 in the Italian Association, you know,22 Ninth Street and all of that, because --23 and, you know, I thought we were a part24 of that.25 105 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 And the way my business is and2 the way the taxes are going to be for3 another year and things are inflation, I4 don't know how much longer my son is5 going to -- wants to continue on in the6 business. I don't know how much more I'm7 going to be able to afford these taxes.8 Sleeping at night, worrying about paying9 my taxes first is really a burden.10 And the thing is, is that these11 facilities, these things that they're12 saying that they're supposed to do,13 street-cleaning, most of the time, it's14 Joey Vento and Geno's Steaks and Pat's,15 you know, they clean up. And all16 businesses should clean their own facade17 and actually maintain it. To get the18 government to actually do that, you know,19 isn't really our business.20 Lights. We never even seen21 streams of lights. I mean, like, to be22 considered -- we're right on the corner23 of Passyunk and Federal. Really, like,24 you know, these things they're talking25 106 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 about I'm not aware of. I mean, we got a2 flag one time; it's nothing there now.3 And once in a while, we did see, like,4 one or two guys come and, you know, sweep5 a little bit.6 But the thing is -- my biggest7 thing is, is being taxed as much as I am,8 I don't know how much more -- if I -- if9 my son wasn't there, honestly, I would10 close up and move out.11 I mean, you know, everything's12 going up. And it might not be a lot for13 other people, like $200, $300, but14 it's -- especially if the Mayor raised15 the taxes, that other 20 percent is16 really going to really hurt me.17 There's a lot of people here18 that are not here that are speaking on my19 behalf, but for other reasons or20 whatever, like, I have -- I got to go21 right back to work. I got a business,22 and a lot of people couldn't leave,23 which, this is the way not -- you know,24 it's been down here.25 107 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 And I thank you for listening to2 me and taking my time.3
Thank4 you. We appreciate you coming in to5 testify.6 Any questions?7 (No questions or comments from8 committee members.)9
Hi. Joey Vento.17 Welcome. Good morning, Council.18 I'm not going to make no issue19 because if we get in a controversy, we'll20 be here for day and night arguing, so I'm21 not -- I'm not arguing about taxes.22 My concern is, I'm being charged23 $2,000 a year. Now, on East Passyunk24 Avenue, I guess, from Dickinson to25 108 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 McKean, maybe they're the kind of people2 that have to have somebody come up and3 say, "We'll clean up and you can open up4 a business."5 I started my business in 1966.6 I had $6, a broken-down building. It's7 43 years later. My place is cleaned8 daily by my employees, both sides of9 Passyunk up to Federal Street, from my10 store, both sides of Ninth Street.11 As far as this is a committee, I12 don't belong to any committee, I have no13 knowledge of how they do it. I pay the14 tax and don't open my mouth. All I'm15 saying is, they do nothing for Geno's16 Steaks.17 And as far as advertising, I18 believe Geno's Steaks draws a lot of19 people from my lines of thousands of20 people on a daily basis, and I think21 that's helping East Passyunk Avenue,22 'cause all over the world, you say,23 Philadelphia, Joey Vento with Geno's24 Steaks. So I think I'm promoting25 109 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 Philadelphia pretty well.2 And as far as the lighting goes,3 I don't know what they're talking about.4 I never seen anybody light up. If I shut5 my lights, they might not be able to find6 Passyunk Avenue.7 (Applause.)8
I mean, seriously.9 I believe every business owner,10 you have to be guaranteed somebody's11 going to clean your mess up to open up a12 store or you're not going to open it?13 You don't deserve to be in business then.14 I make my mess from my customers; it's my15 obligation to keep that neighborhood16 clean.17 The people that did come down18 once in a while, I seen 'em come past at19 11 o'clock, 10:30. They walk right by.20 Why? 'Cause there's nothing to pick up.21 You want to prove that it's worth it for22 my 2,000? Come around 4, 5 o'clock in23 the morning and I'll give you something24 to clean, and then I could say that's25 110 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 justified, but the way it is now, believe2 me, it's not justified.3 And it has nothing to do with4 money. I got a great business and all,5 but I'm fighting for the people that are6 really struggling. I'm telling ya, my7 business is terrific. I mean, it's8 getting bigger and bigger. And I think9 I'm an asset to Philadelphia and the East10 Passyunk Avenue.11 But the section that is being12 taxed from Reed Street down to Federal,13 there's virtually nothing there. It's14 been existing -- you got garages, you15 got -- now, I got five properties, so16 you -- I'm being taxed on five17 properties. I do business out of one.18 One holds my cycles, one's a warehouse,19 but I'm paying on all of them. I think20 that's what a lot of people are bugged21 about.22 And they really don't come down23 and clean like they say, and they don't24 do any lighting. What, once a year, they25 111 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 come down and you see 'em put a flag up2 on a pole? I put flags -- I do my own3 advertising. You want a band, you want4 music? We provide it. We generated our5 own clientele as far as advertising and6 business. I don't need anybody to7 advertise for me.8 And I'm sure these other people,9 like the body shop and all, he doesn't10 need that kind of advertisement. And I11 think I speak for the bar owner Lou from12 Passyunk and Federal, has Louie's Bar13 there. I believe I speak for him. He's14 in the audience there.15 We do our own cleaning. You can16 come down there anytime. You might find17 a napkin once in a while, you know what I18 mean? But we have our trashcans. I19 don't depend on anybody there.20 We power-wash every day; I mean,21 I'm known for that. You want to nit-pick22 me? Yeah, that's possible, you can do23 that all the time.24 But I really believe BID -- is25 112 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 that what their name is? I don't even2 know what the name of it is. Is that3 what it is, BID?4
They do not benefit6 me in any way, shape, or form.7 I mean, that's all I could say.8 (Applause.)9
-- I know the13 challenge is out here. Who wants to -- I14 mean, everybody's looking at me, "There15 he goes."16
No,17 no. I don't think anybody is prepared to18 argue.19 COUNCILMAN DiCICCO: I --20
Yeah, Frank?21 COUNCILMAN DiCICCO: I will say,22 Joe -- and Joe and I go back a long time.23
Oh, yeah, a real24 long time.25 113 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 COUNCILMAN DiCICCO: If every2 business, Joe, did what you did, you3 probably wouldn't -- we probably wouldn't4 need a BID to do any cleaning. You are5 an exception to the rule. And I'm not6 saying that to make points with you. You7 are an exception to the rule.8
But --9 COUNCILMAN DiCICCO: Let me10 finish. There's no question about it.11 But having said that, I live at12 11th and Federal, and I don't expect you13 to clean at 11th and Federal. But, Joe,14 there's probably not a day that doesn't15 go by that I don't have a Pat's or a16 Geno's wrapper in particular.17 (Applause.)18 COUNCILMAN DiCICCO: And I'm not19 condemning you for that. It's just --20 it's unfortunate that you have people who21 don't respect communities. You know, the22 half-eaten steak, by the time they get to23 11th Street, it seems like that's the24 place it goes.25 114 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 And I'm not faulting you for2 that; I want to say that again. But3 there are people who walk up and down4 Passyunk Avenue who may leave your5 establishments or Frank Oliveri's, Pat's6 Steaks establishment, carrying their7 food, and they do drop and discard that8 as they're walking.9 It's not your fault. I'm not10 complaining to you that you should put a11 police patrol and follow those people.12 But the folks who run businesses and live13 in those adjacent streets, especially on14 Passyunk going south and north, benefit15 by that cleaning from trash that is16 generated not only by Pat's and Geno's17 but by some of the other merchants as18 well.19 And the further along you go,20 especially the 1300 block of East21 Passyunk Avenue, it was probably the22 filthiest block in the City of23 Philadelphia.24 (Applause.)25 115 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 COUNCILMAN DiCICCO: I'm not2 exaggerating. It's not all with Pat's3 and Geno's wrappers, but the stuff that4 just is generated by businesses and5 people who are irresponsible and don't6 have any respect for communities.7 And that's where the benefit of8 the BID is. You may not need the lights,9 I agree. You have lights, Pat's has10 lights. I think our lights -- the BID11 lights probably wouldn't fit in to what12 you have. So maybe it's better that13 they're not there. I'm not making any14 excuses, but maybe it's better.15 So understand -- and as someone16 who's had his differences with some17 people in this government over the years,18 and we've had discussions about that --19
I don't know who20 that is.21 COUNCILMAN DiCICCO: No, no, no.22
Okay.23 COUNCILMAN DiCICCO: We've had24 discussions about that. You're a good25 116 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 businessperson, you are a good neighbor2 in the general sense because you have3 done a lot of good. You've contributed,4 you've put on events for our police,5 fallen officers.6 But you're also, in that same7 vain, you do that, in my opinion, because8 you want to be a good neighbor, and you9 are a good neighbor in that respect.10 So we're just saying, yeah,11 you're going to pay a few dollars more,12 but it's all a part of really what you13 are, is being a good neighbor and helping14 those other blocks that don't have the15 ability or personnel to do the things16 that you do from your business, and that17 is in particular cleaning streets.18
Now, could I say19 something? Now, the 1300 block you said20 is so filthy, which I agree; how about we21 start fining the people that live on that22 block and they don't take care of their23 property. Why punish people that do24 well? And the scumbags, youse give them25 117 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 a pass or a free ride, or a guy like me2 has to pay for it.3 So you -- now -- and now we talk4 about the littering, Geno's wrappers. I5 agree with all that, don't get me wrong.6 That's what police officers are for.7 That's called littering.8 Wait a minute now. If everybody9 did their job so you want to -- let's do10 it the right way now. Everybody should11 do their job. Joey Vento cleans up, a12 guy across -- that should go right down13 the line or we wouldn't be having this14 problem right now.15 Now, how about my trash?16 McDonald's cups --17 COUNCILMAN DiCICCO: Absolutely.18
-- burgers -- so I21 have the same problem.22 COUNCILMAN DiCICCO: I agree.23
So I go to them and24 say listen --25 118 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 COUNCILMAN DiCICCO: No.2
-- you got to3 contribute to help me clean? No. I take4 it up, I clean it up.5 COUNCILMAN DiCICCO: But6 understand, if we -- and I agree 'cause7 I'm a bit of a cleaning fanatic myself8 that -- and my mother made me that way.9 I believe that we should have stepped-up10 enforcement.11
Right.12 COUNCILMAN DiCICCO: And we've13 been talking about that, but I'll be the14 first to tell you, as soon as those15 property owners start getting tickets for16 not sweeping their sidewalk, my office,17 the Council President's office, Jimmy's18 office are going to hear: "What are they19 doing? They're picking on South Philly.20 Why don't they go to some other21 neighborhood?"22 So we're always in this no-win23 situation.24
Well, listen --25 119 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 COUNCILMAN DiCICCO: And2 business improvement districts, which is3 what BID is, have been very beneficial in4 controlling some of those problems that5 we have experienced over the years with6 people -- businesspeople in particular --7 who don't take the time to do what you8 do.9
All right, but10 let -- see, I'm going to be 70 years old,11 so I agree. You know, I go back to a12 generation where the people themselves13 daily came out, scrubbed their own steps,14 and kept in front of their house.15 COUNCILMAN DiCICCO: That --16
That's all we got to17 get back to. Let people do the basics.18 Take care of the small things, and the19 big ones are going to take care of20 themselves.21 COUNCILMAN DiCICCO: And you're22 absolutely right.23
Everybody is24 accountable in this thing; not just a25 120 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 certain group, everyone.2 COUNCILMAN DiCICCO: And you're3 absolutely right. I agree with that.4 Thank you.5
You're getting rid9 of me. Okay, all right.10 COUNCILMAN DiCICCO: Thank you11 very much.12
Good morning,25 121 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 members of City Council. 5 We are the residents of the East6 Passyunk Avenue area that the BID crosses7 through. I am a lifelong resident of8 South Philadelphia. 13 As a matter of fact, one could14 argue that the parishes of the East15 Passyunk Avenue area were built on the16 Marino family. 23 In that time, I've had the24 opportunity to become new Philadelphia as25 122 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 well as old Philadelphia. 2 Our residents live above their3 properties, whether they live in their4 properties or not. Our residents live5 beside their properties, whether the6 business owners live in their properties7 or not. 11 And we're happy with the situation the12 way it is now. 22 And to some extent, some23 merchants of the BID still do not comply24 with what the neighbors need. 4 But this is not 1960. Our5 residents work. 12 Again, this is not 1960. We13 need to provide viable shops, services,14 and restaurants that go well into the15 evening for all of our residents, even16 the long-term residents who may live a17 more traditional lifestyle and be able to18 shop during the day. 22 To that end, EPX will continue23 to work with whatever the Council24 decides, whether the individual25 125 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 merchants, who we're very fond of and2 have been very gracious to us or whether3 the official BID. 7
Thank8 you very much.9 Any questions or comments from10 members of the committee?11 (No questions or comments from12 committee members.)13
Hi. Michael21 Miraglia, owner of Mikes Bikes, in22 Philadelphia. I want to thank everybody23 for being here today and obviously the24 people that couldn't wait to hear other25 126 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 people out.2 I started my business many, many3 years ago, selling collectible bikes. I4 worked for the guy that had the property5 before me. The business has been on line6 since 1988.7 In the last seven years or so,8 all I seen was vindictiveness of the EP9 BID towards all of the merchants and what10 have you. If you don't own your11 building, you kind of have no kind of12 say. I pay the taxes in my building.13 Unfortunately, I don't own it because the14 owner won't sell, so that goes to that15 point there. I do pay the tax for the16 BID every year.17 It should fall upon owners to18 clean up their own stoop and what have19 you. The EP BID actually bypasses my20 corner on every occasion, okay? It21 started about -- I would say about a year22 ago, when there was a certain politician23 here had his son running for another24 seat, and if you didn't have a sign of25 127 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 his son's in your window, you were2 discriminated against all the -- all the3 time.4 And you could laugh all you guys5 want.6 COUNCILMAN DiCICCO: I --7
It divided the8 Avenue, which --9 (Applause.)10 COUNCILMAN DiCICCO: Listen --11
You know, youse12 could laugh all youse want.13 COUNCILMAN DiCICCO: Madam14 President.15
But we are the16 people --17 COUNCILMAN DiCICCO: Madam18 President, I just -- a point of order, if19 I may.20
Yes.21 COUNCILMAN DiCICCO: You can use22 my name.23
Okay.24 Mr. DiCicco.25 128 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 COUNCILMAN DiCICCO: Feel free2 to use my name, please. Okay?3
Well, duly noted7 that the board members that were here8 today for the EP BID all benefit --9 benefited from Citizens Alliance's10 holdings, which was found to be a corrupt11 organization ran by Vince -- Senator12 Vincent J. Fumo.13 Everybody that's on the board14 now benefited from it. The rest of the15 real people, which I represent here,16 never get anything done. We don't need17 the trashcans, we don't need your18 lighting.19 I won My Fox Philly's Best of20 Philadelphia bicycle shop. I'm a little21 mom-and-pop. I compete against multi-22 million-dollar operations; we still won.23 And no mention on the website, no24 acknowledgment.25 129 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 Renée has been totally2 vindictive towards me, hasn't -- she's3 been in my store one time since she's4 been -- you know, since December.5 (Applause.)6
You know, I don't7 understand the hierarchies that be can8 allow the other people to gouge us for9 taxes when they don't do anything about10 it.11 And then Councilman James Kenney12 hears that I said something about13 something that was in an open forum,14 that's supposed to be in an open forum.15 He comes to my store and then threatens16 me with physical violence, and he's going17 to sit there and say he did not? He18 won't even acknowledge me? He's not19 going to look at me?20 If I had -- you know you did it.21
You know you came24 in my store.25 130 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281
-- make sure2 the record's clear.3 I threatened no one. The4 gentleman --5
You're going to6 tell me you didn't come in my store --7 (Indiscernible; parties talking8 over each other.)9
Just a10 minute, please. We can only --11 (Indiscernible; parties talking12 over each other.)13
Just a14 minute. We'll speak one at a time,15 please.16 Councilman Kenney.17
The18 gentleman was going around telling people19 that I was paid $30,000 to be a member of20 the BID Board. I went into his store and21 asked him why he was saying that --22
And I didn't25 131 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 say --2 (Indiscernible; parties talking3 over each other.)4
I asked him6 why he was saying it, and he said he7 didn't say it. I asked him, if he was8 saying it, to please stop 'cause it9 wasn't true.10 Additionally, Mr. George, Shoe11 Barrel, was saying the same thing12 allegedly, and I had a lawyer send him a13 letter to ask him to please cease and14 desist. That's all.15 I didn't threaten anyone with16 physical violence. I'm 50 years old; I17 don't fight anybody.18 Thank you.19
Okay. But,23 anyway, you know, you guys had time to24 hear the first five or six people speak.25 132 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 The first five or six speak -- speakers2 all benefited from Citizens Alliance,3 which would be properties that were4 gotten with ill-gotten money that was5 already -- the State of Pennsylvania6 already prosecuted this gentleman.7 Citizens Alliance Holdings is a8 farce, Citizens Alliance is a farce.9 It's all a farce to keep money in their10 families' pockets and keep it away from11 the common business folk like myself.12 I don't care if I have to fold13 my business when I leave here today; it14 really doesn't matter to me, but the15 people need their money back. We need16 our services that we don't get. We need17 a new merchants association free of18 political hierarchy.19 And that's all I got to say.20 Thank you.21 COUNCILMAN DiCICCO: Excuse me,22 excuse me.23 (Applause.)24
Just a25 133 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 moment, please. Just a moment.2 The Chair recognizes Councilman3 DiCicco.4 COUNCILMAN DiCICCO: Thank you,5 Madam Chair.6 Good morning.7 You just made a statement that8 there is some financial benefit to9 certain people who are either directly10 involved with Citizens Alliance or11 politically connected?12
Mm-hmm, yes, I13 did.14 COUNCILMAN DiCICCO: Could you15 be more specific.16
If events go on17 at their restaurants -- they're --18 they're -- everything that they have19 mostly, okay?20 COUNCILMAN DiCICCO: Who's --21 who is "they"?22
Anybody that has23 anything to do with any of the Citizens24 Alliance holdings and properties that25 134 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 were ill-gotten from the first point.2 COUNCILMAN DiCICCO: Who --3
They all get --4 they get to have all the venues. That5 so-called advertising benefits six6 different properties down there except7 ourselves.8 UNIDENTIFIED SPEAKER: You're9 going to want this on the record.10 COUNCILMAN DiCICCO: Yeah, I11 don't understand -- that's why I want it12 on the record, 'cause I'm being -- I13 think I'm being accused, or my family's14 being accused, of being corrupt.15 So would you be more specific as16 to what benefits Councilman DiCicco,17 Frank DiCicco, derives out of Citizens18 Alliance --19
We're not talking20 about Councilman Frank DiCicco.21 COUNCILMAN DiCICCO: Well, who22 are you talking about?23
We're talking24 about the EP BID and we're talking about25 135 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 Citizens Alliance and then their for-2 profit holding association, which is3 Citizens Alliance.4 COUNCILMAN DiCICCO: That's a5 nonprofit.6
And that's what I7 was talking about.8 COUNCILMAN DiCICCO: That's a9 nonprofit.10
Well, no, they11 have a for-profit entity, which allows12 them to buy buildings; am I correct?13 COUNCILMAN DiCICCO: CA14 Holdings.15
Oh, well,19 there's -- obviously, none of us are.20 COUNCILMAN DiCICCO: No, no.21 You're saying that people at Citizens22 Alliance --23
No, anybody that24 bought properties from their initial buy,25 136 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 in 2002, 2003, whatever it may be --2 COUNCILMAN DiCICCO: I'm not3 clear --4
-- they5 benefited.6 COUNCILMAN DiCICCO: -- on what7 you're trying to tell everybody here.8 You're making some serious9 accusations, and so I would like for the10 record -- for you to be specifically11 clear --12
-- Citizens17 Alliance Holding properties.18 COUNCILMAN DiCICCO: What was19 the benefit?20
You should know21 that.22 COUNCILMAN DiCICCO: No, I don't23 that; that's why I'm asking you. And if24 you know, put it on the record.25 137 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281
Can I ask you2 another question away from the --3 COUNCILMAN DiCICCO: No, no. I4 asked you a question. You're making some5 serious accusations --6
Yeah.7 COUNCILMAN DiCICCO: -- that8 involve either myself, people I'm9 associated with, or members of my family.10 And I would like for you to put on the11 record what you believe is the truth.12
Well, the truth13 is, like I said, anybody that had14 anything to do with the initial buy of15 the Citizens Alliance properties that was16 --17 COUNCILMAN DiCICCO: Passyunk18 Avenue properties.19
-- Passyunk20 Avenue properties, which the EP BID had21 the control over, I'm saying that the22 people initially that had the authority23 to buy the CA Holdings properties, it was24 corrupt from the beginning, which you25 138 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 obviously see.2 COUNCILMAN DiCICCO: You're3 still not answering my question.4 John Doe buys a property from CA5 Holdings. Who benefits from CA Holdings6 personally from that? 'Cause that's what7 sounds -- it sounds to me that that's8 what you're saying.9
Well, the money10 goes back into the kitty. In the11 all-around bigger picture of the scheme,12 it does. You know, the money goes back13 to the kitty.14 COUNCILMAN DiCICCO: What15 scheme?16
What scheme?17 What -- what -- what -- the problem that18 we have here today is, there's no19 business plan. The EP BID has nothing20 stated in their office that what they're21 going to do with this avenue.22 You're forcing people to be open23 at night, you're forcing all the people24 to --25 139 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 COUNCILMAN DiCICCO: How do they2 force you --3
-- change our4 ways because you --5 COUNCILMAN DiCICCO: Do you --6 are you open at night?7
Sometimes I am.8 COUNCILMAN DiCICCO: Are you9 forced to open at night?10
I'm not forced to15 do anything other -- other than keep my16 place clean and do what I have to do.17
Nobody's18 forcing you to do any of that. I'm just19 still --20
Nobody has21 to force me to do anything.22 COUNCILMAN DiCICCO: I'm just23 still curious as to who is benefiting24 financially --25 140 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281
Well, I guess --2 COUNCILMAN DiCICCO: -- as a3 result of all of this corrupt stuff --4
Like I said --5 COUNCILMAN DiCICCO: -- that you6 keep referring to.7
Like I said,8 Citizens Alliance Holdings has benefited,9 and we have on paper bridge loans between10 the EP BID and Citizens Alliance. I11 don't understand --12 COUNCILMAN DiCICCO: For buyers13 of properties?14
No. For -- for15 Citizens Alliance putting money back and16 forth between the EP BID and Citizens17 Alliance, which your son, he's the18 president of the EP BID and the president19 of Citizens Alliance. How could somebody20 lend money to themselves?21 COUNCILMAN DiCICCO: He --22
I don't23 understand it.24 COUNCILMAN DiCICCO: Are you25 141 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 saying my son lent money to himself?2
Both of the3 entities that he's the president of4 benefited back and forth between it.5 COUNCILMAN DiCICCO: Did my --6
And we have it on7 paper.8 COUNCILMAN DiCICCO: Are you9 suggesting that my son, Christian DiCicco10 --11
No, he's the12 president. I'm saying --13 COUNCILMAN DiCICCO: Let me14 finish.15
Just the entity16 --17 COUNCILMAN DiCICCO: Let me18 finish.19
-- of the20 president.21 COUNCILMAN DiCICCO: Let me22 finish, please.23
Go.24 COUNCILMAN DiCICCO: Are you25 142 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 suggesting that my son, Christian2 DiCicco, has personally benefited3 financially from transactions between4 Citizens Alliance, EP -- whatever you5 call it, East Passyunk Avenue BID, and CA6 Holdings?7
I'm not saying8 that he benefited directly but --9 COUNCILMAN DiCICCO: Then who10 did?11
Well --12 COUNCILMAN DiCICCO: 'Cause13 that's what you're suggesting.14
The money's in15 the same handbag, in so many words.16 COUNCILMAN DiCICCO: Then who,17 in your opinion, has benefited18 financially from this?19
I -- you know20 what I mean, I keep my business the way21 it is, and like I told --22 COUNCILMAN DiCICCO: No, no, I'm23 not asking about your business. You've24 accused my --25 143 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281
The Citizens2 Alliance benefited.3 COUNCILMAN DiCICCO: You're4 accusing my son and other --5
The Citizens6 Alliance benefited.7 COUNCILMAN DiCICCO: Citizens8 Alliance benefited.9
Oh, of course10 they did.11 COUNCILMAN DiCICCO: A12 nonentity, but he didn't -- you're13 suggesting he benefited personally.14
No, he's the15 president. I'm talking about the16 president.17 COUNCILMAN DiCICCO: Oh. So18 you're not saying that --19
No, no, I'm not20 saying your son --21 COUNCILMAN DiCICCO: Oh, okay,22 all right. I just wanted to get the23 record straight.24 Thank you.25 144 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281
(Indiscernible.)2 ... 'cause he's the president of both3 organizations.4 COUNCILMAN DiCICCO: Right.5
So now --6 COUNCILMAN DiCICCO: And I'm on7 maybe a dozen boards throughout --8
Now we have a12 new, you know, a city -- whatever -- we13 have a new bylaws or whatever getting put14 into play that we have to abide by. And15 Councilman Kenney's name is taken off the16 bill this time. And is that a -- is17 there a different bill that we got to --18 that we're signing for today or19 something?20 COUNCILMAN DiCICCO: This is a21 reauthorization. This hearing is being22 held for the purpose of hearing and23 getting testimony and for this committee24 to decide whether to reauthorize the East25 145 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 Passyunk Avenue BID.2
And a direct9 question to you: What benefits are we10 going to get out of this for another 1011 years at 20 percent that we -- you know,12 if you ask anybody around here, the --13 all the people that testified just now,14 the services are just not happening.15 COUNCILMAN DiCICCO: And there16 are those who believe -- testimony was17 given this morning by those who believe18 that the BID has been a benefit to the19 East Passyunk Avenue corridor.20
Of course, 'cause21 they got --22 COUNCILMAN DiCICCO: And that's23 a matter of opinion.24
-- a benefit from25 146 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 it themselves.2 COUNCILMAN DiCICCO: Thank you.3
Thank5 you.6 Our next witness?7 COUNCILMAN DiCICCO: I'm at a8 loss.9
Do we12 have anyone else to testify? Is there13 anyone else interested to testify on this14 bill?15 (No response.)16
Seeing17 none, the Committee on Rules will now18 conclude its public hearing. We will now19 go into our public meeting.20 And the Chair recognizes21 Councilwoman Miller regarding Bill No.22 080901.23
Thank you,24 Madam Chair.25 147 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 I move that Bill No. 080901 be2 reported out of this committee with a3 favorable recommendation.4 (Motion duly seconded.)5
All in6 favor will indicate by saying aye.7 Those opposed?8 The ayes have it and the motion9 carries.10 The Chair recognizes Councilman11 DiCicco regarding Bill No. 090128.12 COUNCILMAN DiCICCO: Thank you,13 Madam President.14 I offer an amendment to Bill No.15 090128.16 (Motion duly seconded.)17 COUNCILMAN DiCICCO: A copy has18 been distributed to all members of this19 committee.20 (Motion duly seconded.)21
It has22 been moved and seconded that the23 amendment be adopted.24 All those in favor will say aye.25 148 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 Those opposed?2 The ayes have it, and the3 amendment is adopted.4 This bill will be continued to5 the call of the Chair.6 Thank you very much. And thank7 you all for coming in.8 (Proceedings end at 11:50 a.m.)9 * * *10 11 12 13 14 15 16 17 18 19 20 21 149 C E R T I F I C A T E2 I HEREBY CERTIFY that the4 proceedings of the City of Philadelphia5 Council Committee on Rules are contained fully6 and accurately in the stenographic notes taken7 by me on Wednesday, April 9, 2009, and that8 this is a true and correct statement of same.9 __________________________________ JOSEPHINE CARDILLO Registered Professional Reporter14 (The foregoing certification of19 this transcript does not apply to any20 reproduction of the same by any means, unless21 under the direct control and/or supervision of22 the certifying reporter.)23