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Minutes

Committee Hearing, April 8, 2009

Philadelphia City Council Committee HearingsApr 8, 2009

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Councilman Kelly

You do?9

Ms. Gillinger

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

Councilman Kelly

No.16

Council President Verna

Thank17 you.18

Ms. Gillinger

Thank you.19

Council President Verna

Our20 next witness?21

Mr. Erickson

Anthony Nicosia.22

Council President Verna

And23 who would be after him?24 (No response.)25 104 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281

Council President Verna

Tom,2 who would be after him?3 (Witness comes forward.)4

Mr. Nicosia

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

Council President Verna

Thank4 you. We appreciate you coming in to5 testify.6 Any questions?7 (No questions or comments from8 committee members.)9

Council President Verna

Thank10 you.11 Our next witness?12

Mr. Erickson

Joey Vento.13 (Witness comes forward.)14

Council President Verna

Good15 morning, welcome.16

Mr. Vento

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

Mr. Vento

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

Council President Verna

Yes.5

Mr. Vento

They do not benefit6 me in any way, shape, or form.7 I mean, that's all I could say.8 (Applause.)9

Mr. Vento

I mean --10

Council President Verna

Thank11 you.12

Mr. Vento

-- I know the13 challenge is out here. Who wants to -- I14 mean, everybody's looking at me, "There15 he goes."16

Council President Verna

No,17 no. I don't think anybody is prepared to18 argue.19 COUNCILMAN DiCICCO: I --20

Mr. Vento

Yeah, Frank?21 COUNCILMAN DiCICCO: I will say,22 Joe -- and Joe and I go back a long time.23

Mr. Vento

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

Mr. Vento

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

Mr. Vento

I don't know who20 that is.21 COUNCILMAN DiCICCO: No, no, no.22

Mr. Vento

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

Mr. Vento

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

Mr. Vento

-- I got --19 COUNCILMAN DiCICCO: I agree.20

Mr. Vento

-- burgers -- so I21 have the same problem.22 COUNCILMAN DiCICCO: I agree.23

Mr. Vento

So I go to them and24 say listen --25 118 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 COUNCILMAN DiCICCO: No.2

Mr. Vento

-- 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

Mr. Vento

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

Mr. Vento

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

Mr. Vento

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

Mr. Vento

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

Mr. Vento

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

Mr. Vento

Ya know --6 COUNCILMAN DiCICCO: Thanks for7 coming in.8

Mr. Vento

You're getting rid9 of me. Okay, all right.10 COUNCILMAN DiCICCO: Thank you11 very much.12

Mr. Vento

Anybody else? All13 right.14

Council President Verna

Thank15 you.16

Mr. Vento

Have a good one.17 (Applause.)18

Council President Verna

Our19 next witness?20

Mr. Erickson

Joseph F. Marino.21 (Witness comes forward.)22

Council President Verna

Good23 morning.24

Mr. Marino

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

Council President Verna

Thank8 you very much.9 Any questions or comments from10 members of the committee?11 (No questions or comments from12 committee members.)13

Council President Verna

Again,14 thank you.15

Mr. Marino

Thank you.16

Council President Verna

Our17 next witness?18

Mr. Erickson

Michael Miraglia.19 (Witness comes forward.)20

Mr. Miraglia

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

Mr. Miraglia

It divided the8 Avenue, which --9 (Applause.)10 COUNCILMAN DiCICCO: Listen --11

Mr. Miraglia

You know, youse12 could laugh all youse want.13 COUNCILMAN DiCICCO: Madam14 President.15

Mr. Miraglia

But we are the16 people --17 COUNCILMAN DiCICCO: Madam18 President, I just -- a point of order, if19 I may.20

Council President Verna

Yes.21 COUNCILMAN DiCICCO: You can use22 my name.23

Mr. Miraglia

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

Mr. Miraglia

Okay.4 COUNCILMAN DiCICCO: Okay?5 Thank you.6

Mr. Miraglia

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

Mr. Miraglia

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

Councilman Kenney

Council22 President, let me --23

Mr. Miraglia

You know you came24 in my store.25 130 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281

Councilman Kenney

-- make sure2 the record's clear.3 I threatened no one. The4 gentleman --5

Mr. Miraglia

You're going to6 tell me you didn't come in my store --7 (Indiscernible; parties talking8 over each other.)9

Council President Verna

Just a10 minute, please. We can only --11 (Indiscernible; parties talking12 over each other.)13

Council President Verna

Just a14 minute. We'll speak one at a time,15 please.16 Councilman Kenney.17

Councilman Kenney

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

Mr. Miraglia

You didn't ask23 anybody.24

Councilman Kenney

And I didn't25 131 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 say --2 (Indiscernible; parties talking3 over each other.)4

Council President Verna

Please.5

Councilman Kenney

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

Mr. Miraglia

And then --20

Council President Verna

I'm21 sorry.22

Mr. Miraglia

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

Council President Verna

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

Mr. Miraglia

Mm-hmm, yes, I13 did.14 COUNCILMAN DiCICCO: Could you15 be more specific.16

Mr. Miraglia

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

Mr. Miraglia

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

Mr. Miraglia

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

Mr. Miraglia

We're not talking20 about Councilman Frank DiCicco.21 COUNCILMAN DiCICCO: Well, who22 are you talking about?23

Mr. Miraglia

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

Mr. Miraglia

And that's what I7 was talking about.8 COUNCILMAN DiCICCO: That's a9 nonprofit.10

Mr. Miraglia

Well, no, they11 have a for-profit entity, which allows12 them to buy buildings; am I correct?13 COUNCILMAN DiCICCO: CA14 Holdings.15

Mr. Miraglia

Yes.16

Councilman Dicicco

And who's17 benefiting directly from that?18

Mr. Miraglia

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

Mr. Miraglia

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

Mr. Miraglia

-- 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

Mr. Miraglia

I'm speaking of13 the two people that bought --14

Councilman Dicicco

-- on who15 is --16

Mr. Miraglia

-- Citizens17 Alliance Holding properties.18 COUNCILMAN DiCICCO: What was19 the benefit?20

Mr. Miraglia

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

Mr. Miraglia

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

Mr. Miraglia

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

Mr. Miraglia

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

Mr. Miraglia

-- 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

Mr. Miraglia

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

Mr. Miraglia

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

Mr. Miraglia

-- change our4 ways because you --5 COUNCILMAN DiCICCO: Do you --6 are you open at night?7

Mr. Miraglia

Sometimes I am.8 COUNCILMAN DiCICCO: Are you9 forced to open at night?10

Mr. Miraglia

No, I'm not11 forced to open at night. I --12

Councilman Dicicco

Are you13 forced to close at a certain time?14

Mr. Miraglia

I'm not forced to15 do anything other -- other than keep my16 place clean and do what I have to do.17

Councilman Dicicco

Nobody's18 forcing you to do any of that. I'm just19 still --20

Mr. Miraglia

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

Mr. Miraglia

Well, I guess --2 COUNCILMAN DiCICCO: -- as a3 result of all of this corrupt stuff --4

Mr. Miraglia

Like I said --5 COUNCILMAN DiCICCO: -- that you6 keep referring to.7

Mr. Miraglia

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

Mr. Miraglia

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

Mr. Miraglia

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

Mr. Miraglia

Both of the3 entities that he's the president of4 benefited back and forth between it.5 COUNCILMAN DiCICCO: Did my --6

Mr. Miraglia

And we have it on7 paper.8 COUNCILMAN DiCICCO: Are you9 suggesting that my son, Christian DiCicco10 --11

Mr. Miraglia

No, he's the12 president. I'm saying --13 COUNCILMAN DiCICCO: Let me14 finish.15

Mr. Miraglia

Just the entity16 --17 COUNCILMAN DiCICCO: Let me18 finish.19

Mr. Miraglia

-- of the20 president.21 COUNCILMAN DiCICCO: Let me22 finish, please.23

Mr. Miraglia

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

Mr. Miraglia

I'm not saying8 that he benefited directly but --9 COUNCILMAN DiCICCO: Then who10 did?11

Mr. Miraglia

Well --12 COUNCILMAN DiCICCO: 'Cause13 that's what you're suggesting.14

Mr. Miraglia

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

Mr. Miraglia

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

Mr. Miraglia

The Citizens2 Alliance benefited.3 COUNCILMAN DiCICCO: You're4 accusing my son and other --5

Mr. Miraglia

The Citizens6 Alliance benefited.7 COUNCILMAN DiCICCO: Citizens8 Alliance benefited.9

Mr. Miraglia

Oh, of course10 they did.11 COUNCILMAN DiCICCO: A12 nonentity, but he didn't -- you're13 suggesting he benefited personally.14

Mr. Miraglia

No, he's the15 president. I'm talking about the16 president.17 COUNCILMAN DiCICCO: Oh. So18 you're not saying that --19

Mr. Miraglia

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

Mr. Miraglia

(Indiscernible.)2 ... 'cause he's the president of both3 organizations.4 COUNCILMAN DiCICCO: Right.5

Mr. Miraglia

So now --6 COUNCILMAN DiCICCO: And I'm on7 maybe a dozen boards throughout --8

Mr. Miraglia

Okay. So now --9 COUNCILMAN DiCICCO: So now10 what?11

Mr. Miraglia

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

Mr. Miraglia

Okay.3 COUNCILMAN DiCICCO: That's the4 law.5

Mr. Miraglia

Okay.6 COUNCILMAN DiCICCO: That's what7 we're doing.8

Mr. Miraglia

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

Mr. Miraglia

Of course, 'cause21 they got --22 COUNCILMAN DiCICCO: And that's23 a matter of opinion.24

Mr. Miraglia

-- a benefit from25 146 4/8/09 - RULES COMMITTEE - BILLS 080901, 0901281 it themselves.2 COUNCILMAN DiCICCO: Thank you.3

Mr. Miraglia

Okay.4

Council President Verna

Thank5 you.6 Our next witness?7 COUNCILMAN DiCICCO: I'm at a8 loss.9

Mr. Erickson

There's nobody's10 else who's out to testify.11

Council President Verna

Do we12 have anyone else to testify? Is there13 anyone else interested to testify on this14 bill?15 (No response.)16

Council President Verna

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

Councilwoman Miller

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

Council President Verna

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

Council President Verna

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