COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING AND PUBLIC MEETING BEFORE THE COMMITTEE ON STREETS AND SERVICES - - - Room 400 City Hall Philadelphia, Pennsylvania Weds., 5/16/01, 10:55 a.m. - - - BILL 000658 - Re commercial activities on streets. BILL 000720 - Permitting electrical conduit, service line, etc. at 16th and Locust newsstand. BILL 010150 - Establishing a parking regulation on the 5800 block of Rising Sun Avenue. BILL 010168 - Designating permitted vendor locations in Center City. BILL 010193 - Authorizing and directing revision of lines, grades on portion of City Plan 55. . . BILL 010194 - Authorizing A. Carrasquillo to construct, use, maintain one-story building. . . BILL 010212 Prohibiting sidewalk sales on portions of Front St., Frankford Ave., and Palmer St. BILL 010229 - Re "no-truck-parking" regulation. BILL 010232 - Exempting sidewalk sales on 900, 1000, and 1100 blocks of Pine Street. BILL 010263 - " " " " " BILL 010264 - Re "no-parking-anytime" regulation. BILL 010270 - Permitting owners of New Wave Cafe to operate and maintain open-air sidewalk cafe. BILL 010271, 272 - Authorizing Filbert Street Assoc. to construct, own, maintain bridge and footway over Cuthbert Street. BILL 010301 - Permitting owner of 2536 McKean St. to construct, use, maintain private water line. BILL 010304 - Authorizing Maggiano's, Filbert St. to construct, maintain various encroachments. - - - PRESENT: COUNCILMAN FRANK DICICCO, Chairman COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN RICHARD T. MARIANO COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 (215) 561-2220 2 5/16/01 STREETS & SERVICES COMMITTEE I N D E X Bill 010150 Catherine Confair, Phila. Parking Authority Bill 010193 Paul Lonie, Survey Bureau Mgr., Streets Dept. 6 Bill 010229 C. Denny, Asst. Chief Traffic Eng., Streets 8 Bill 010263 C. Denny, Asst. Chief Traffic Eng., Streets 9 Bill 010264 C. Denny, Asst. Chief Traffic Eng., Streets 9 BILL 000720 Nancy Sen, Engineering Supervisor, Streets 11 Michael Stack, Esq., Counsel to Babu Yogesh 19 Bill 010194 Nancy Sen, Engineering Supervisor, Streets 15 Bill 010270 Nancy Sen, Engineering Supervisor, Streets 16 Bill 010271, 271 17 Nancy Sen, Engineering Supervisor, Streets 18 Bill 010301 Nancy Sen, Engineering Supervisor, Streets 19 Bill 010304 20 Nancy Sen, Engineering Supervisor, Streets 25 21 Bill 010193 Otis Haigler, Jr., Regulatory Affairs, L&I 27 22 Bill 010212 23 Otis Haigler, Jr., Regulatory Affairs, L&I 28 24 3 5/16/01 STREETS & SERVICES COMMITTEE (Index, cont'd.) Page Bill 010232 Otis Haigler, Jr., Regulatory Affairs, L&I 30 John Arneth . . . . . . . . . . . . . . . . 32 Owner of Show of Hands, Pine Street Virginia Tressino, Owner/Operator of. . . . 44 business on Pine Street since 1969 Mary Ann Cardellino, Pine Street Business 50 Owner, Blendo Past and Present Louis Verruni, Pine Street Antiques Dealer 55 Mr. Demelas (first name not given). . . . . 57 Bill 000658 Otis Haigler, Jr., Regulatory Affairs, L&I 71 Jerry Balka, Esq. . . . . . . . . . . . . . 95 Representing United Vendors of Philadelphia Robert Martin, President, BOMA. . . . . . . 115 4 5/16/01 STREETS, SERVICES - BILL 010150 P R O C E E D I N G S
Good morning and thank you for your patience. The Committee on Streets and Services, the public hearing is now in session. My name is Frank DiCicco, I'm the chair of the committee. To my extreme right is Councilwoman Blackwell; to my extreme left, Councilman Rizzo, Councilman Clarke, and Councilman Mariano. We will not go in the order in which the bills are listed and the reason for that, we find that some of the bills which there's no 14 testimony involved, we can get those off the calendar much quicker than those bills that we expect to have some testimony on and get to those a lot quicker. It really work betters this way; we've been doing it for several years. And the clerk will now read the title of the first bill.
Bill No. 010150, an ordinance establishing a parking regulation on the 5800 block of Rising Sun Avenue. (Witness comes forward.)
Good morning and 5 5/16/01 STREETS, SERVICES - BILL 010150 please identify yourself for the record.
Good morning. My name is Catharine Confair, and I'm an analyst with the Philadelphia Parking Authority.
Bill 010150, introduced by Councilwoman Marian Tasco by request. This bill establishes a parking regulation on Rising Sun Avenue, both sides, Cheltenham Avenue to Alcott Street. The following regulation is hereby established: two-hour parking, 9 a.m. to 6 p.m., except Sunday. This new regulation has been in effect for a period of two months with no apparent problems. The Philadelphia Parking Authority recommends favorable consideration of this bill.
Well, thank you 6 5/16/01 STREETS, SERVICES - BILL 010193 for your testimony.
Bill No. 010193 an ordinance amending Section 2 of an ordinance (Bill 8 No. 970720) approved March 20, 1998, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 11 55 by striking from the City Plan and vacating the legally open portions of Pierce Street extending from Adams Avenue eastwardly to Church Street, under certain terms and conditions," by extending the time for compliance with the conditions stated therein. (Witness comes forward.)
Good morning. Neither good morning, Mr. Chairman and members of the committee. My name is Paul Lonie, Survey Bureau Manager with the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 010193: This is not an administration ordinance 25 but an ordinance requested by Mr. Irv Levin, 7 5/16/01 STREETS, SERVICES - BILL 010229 President of Northeast Building Products Corporation, 4280 Aramingo Avenue. The purpose of this ordinance is to grant the abutting property owner the ability to expand their facilities. This ordinance is supported by the Department of Streets and is recommend to your Committee for favorable recommendation.
Bill No. 010229, an ordinance establishing a "no-truck-parking" regulation on all streets within the area bounded by Wyoming Avenue on the north side, Erie Avenue on the south side, "G" Street on the west side, and Castor Avenue on the east side, including both sides of the streets making up the boarder of such area. (Witness comes forward.) 8 5/16/01 STREETS, SERVICES - BILL 010229
Good morning. Please identify yourself for the record.
Good morning. My name is Charles Denny. I'm the Assistant Chief Traffic Engineer, and I'm here to testify on Bill No. 7 010229. The Streets Department has no objections to this bill.
Thank you. Are there any other questions for this witness from the committee? (No questions.)
Anyone else here who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill. And thank you for your testimony.
Bill No. 010263, an ordinance establishing a "no-truck-parking" regulation on Whitaker Avenue between Macalester 9 5/16/01 STREETS, SERVICES - BILL 010263 Street and East Wingohocking Street.
The Streets Department has no objections to this bill but we do recommend that the regulation be posted under a trial ordinance. A hearing will be held in six months, and area residents and businesses would have an opportunity to comment on this regulation at that time and after seeing how it operates. We can have the signs posted within three weeks with Councilman Mariano's approval.
All right. Thank you. The clerk will read the title of the next bill.
Bill No. 010264, an ordinance establishing a "no-parking-anytime" regulation on the east side of Reese Street between Cambria Street and Indiana Avenue.
Again, the Streets Department has no objections to this bill, but we do recommend that the regulation be posted under trial ordinance. A hearing will be held in six months, and the area residents would have an opportunity to comment on the regulations at that 10 5/16/01 STREETS, SERVICES - BILL 010264 time, after seeing how the regulation operates. And we can have the signs posted in three weeks with Councilman Mariano's approval.
The six months, that's six months from today or anytime?
All right. And you'll put the signs up now like the other one?
No, that's all I have. 11 5/16/01 STREETS, SERVICES - BILL 000720
Bill No. 000720, an ordinance granting permission to Babu Yogesh, owner of the newsstand located on the northwest corner of 16th and Locust Streets, to conduct, use, and maintain an electrical conduit and service line and a fiber optic conduit and phone service line in and under 16th and Locust Streets for the purposes of supplying electrical service and phone service to the newsstand, under certain terms and conditions.
Good morning, Chairman and members of the committee. My name is Nancy Sen. I'm an engineering supervisor with the Streets Department, and I'm here to testify on Bill No. 23 000720 on behalf of the Department. This bill grants permission to Babu Yogesh, owner of the newsstand located on the 12 5/16/01 STREETS, SERVICES - BILL 000720 northwest corner of 16th and Locust Street to construct, use, and maintain an underground electrical service line and telephone service line in and under the public rights-of-way of 16th Street and Locust Street for the purpose of supplying electrical and telephone service to his newsstand, all under certain terms and conditions. The Streets Department has reviewed the construction plans for this project and has no 11 objection to the passage of the bill.
Thank you. Any questions for this witness? Councilmember Rizzo?
For some personal information, I remember there was some controversy about telephone service and electric service because of the lottery machines. Is it now pretty much a given that when they make this application, it includes both electric and telephone? It's not a separate request?
It's at the discretion of the owner, but usually they come to ask for both.
But I recall that there was some controversy about whether they 13 5/16/01 STREETS, SERVICES - BILL 000720 could have phone service in the newsstand because that --
Does that mean they could automatically get a lottery machine if they wanted to?
I think it stems from the Lottery Commission. I had heard that there are certain, you know, things you have to do to be able to provide that service. So. . .
But my point being, if they have telephone service and down the road, they wanted to put a lottery machine in, they don't have to come back to us?
Right. That's -- they should have the wiring already to satisfy. It's --
But I thought that there was some concern that a lottery machine could cause confusion or cause congestion on the sidewalk and there had to be some permission to put a lottery --
I think the issue at the time was that when an application is made for electrification of a newsstand, at least at the district level, each District Councilperson makes the decision whether to support that application, and in some cases, the decision may be based on support for the application for electricity, for phone and/or heating system services but with the proviso that it would not permit lottery. So they would then have to come back if they wanted to add lottery. You can actually -- and correct me if I'm wrong, Nancy, that we can actually make that a proviso. You can get the electricity, you put the phone in, put a heater in there or an air- conditioner but that doesn't necessarily give you the right to do a lottery.
But Nancy just said that they didn't have to come back. Is there somewhere it stipulates that that activity is prohibited until they get additional approval?
I believe the legislation that was passed last summer, Council has to approve the actual connection so -- once it's 15 5/16/01 STREETS, SERVICES - BILL 000720 there.
Once the connection's there, we approve the electric, the telephone. If six months later, the owner of that newsstand want to put a lottery machine in, do you need to know that?
It's actually -- and correct me if I'm wrong again. It's part of the ordinance. If we stipulate in the ordinance 11 that the use of electricity is only for purposes of the phone and/or heating and air-conditioning, and no lottery, that would mean that if they wanted to do lottery, they would have to come back and a new ordinance would have to be created.
It depends on the language of the ordinances. In some cases, you don't put a restriction. But in other instances, on Broad Street and Walnut Street and places like that where we think it may impede the pedestrian walkway if they had a lottery, we will say in the ordinance that it's strictly for the purposes of heating, air-conditioning, and phone. 16 5/16/01 STREETS, SERVICES - BILL 010194
Thank you. Any other questions for this witness? (No further questions.)
The clerk will please read the title of the next bill.
Bill No. 010194, an ordinance authorizing Angel Carraquillo, owner of the property located at 2434 North Fifth Street, Philadelphia, PA, 19133, to construct, use, and maintain a one-story building addition, serving as a porch, on and over the west footway of Fifth Street adjacent to the property 2434 North Fifth Street, all under certain terms and conditions.
Again, my name is Nancy Sen. I'm here from the Streets Department to testify on behalf of Bill No. 010194. This bill authorizes Mr. Angel Carrasquillo, owner of the property at 2434 North Fifth Street, to construct and maintain a one-story addition serving as a porch on the front 17 5/16/01 STREETS, SERVICES - BILL 010194 face of his two-story masonry rowhouse property. The porch addition is the entire width of the property and is located approximately 308 feet north of York Street. The addition leaves a minimum of 11-feet-7-inches of unobstructed sidewalk. Since the building encroachment leaves adequate width and clearance of unobstructed footway, the Streets Department has no objection to the passage of this bill.
Thank you. Any questions for this witness? (No questions.)
Hearing none, the clerk will read the title of the next bill.
Bill No. 010270, an ordinance granting permission to Nathan Ross and Samuel Lynagh, owners of New Wave Cafe, located at 782-784 South Third Street, to operate and maintain an open-air sidewalk cafe on the west footway of South Third Street adjacent to the 782-784 South Third Street, under certain terms and conditions.
Again, Nancy Sen, here to 18 5/16/01 STREETS, SERVICES - BILL 010194 testify on Bill No. 010270 on behalf of the Streets Department. This bill authorizes the owner of the New Wave Cafe to operate an open-air sidewalk cafe at their property on the northwest corner of Third and Catherine Streets. Four tables are proposed on the Third Street footway to each beside the restaurant entrance. The tables will encroach a maximum of 3-feet-10-inches into the west footway of Third Street, leaving a minimum of 8 feet for pedestrians. No rails will be used. The configuration of the tables meets the requirements of the sidewalk cafe regulations. All encroachments leave adequate width and clearance of unobstructed footway. Therefore, the Streets Department has no objection to the passage of the bill.
Thank you. Any questions for this witness? (No questions.)
Mr. Stack, did you want to testify? I'm sorry I forgot to ask.
Please approach 19 5/16/01 STREETS, SERVICES - BILL 010194 the witness table. I apologize, Mr. Stack. I forgot that was your client. (Witness comes forward.)
And the husband of Judge Stack. I don't have a first name anymore. (Laughter.)
The newsstand is directly across the street from my office. The owner proposes -- and, in fact, it's his expectation -- that he will be able to put a lottery machine in. There have been no objections, to my knowledge, of his activities where he is located. So I don't know what Council's position is with regard to the lottery machine, but it's very important to my client that he be able to maintain one at that location. I have him here with me and he's prepared to answer any questions that the 20 5/16/01 STREETS, SERVICES - BILL 010194 committee might have.
I think that what you might want to do is speak to the sponsor of the bill, Councilman Clarke, about the future use of a lottery machine at that location because we may want to put something into the bill so that all issues are covered going forward.
I just wanted to say, Mr. Chair, that we've had extensive discussions with the applicant and the applicant's references and we were very comfortable with this particular bill but if the --
Not from this 21 5/16/01 STREETS, SERVICES - BILL 010271, 272 particular Councilperson.
Okay, thank you. And if there was, then we'd have to amend the bill to restrict a lottery -- no 6 lottery. So as long as there's no objection to the lottery, then the bill stands as is, and if he wants to do a lottery, he will be entitled to do that.
Bill No. 010271, an ordinance amending Section 4 of an ordinance (Bill 16 No. 990766) approved December 30, 1999, entitled "An ordinance authorizing Filbert Street Associates, L&I, 150 North Broad Street, Philadelphia, PA, 19102-1424, owner of the property bounded by 12th Street, 13th Street, Filbert Street, and Cuthbert Street, to construct, own, and maintain a bridge over Cuthbert Street between 12th Street and 13th Street, under certain terms and conditions"; by extending the time for compliance with the conditions stated therein. 22 5/16/01 STREETS, SERVICES - BILL 010271, 272
Again, my name is Nancy Sen and I'd like to offer testimony for this bill and the companion bill, 010272, on behalf of the Streets Department. Both of these bills extend the time for compliance with conditions of bills which previously authorized Filbert Street Associates to construct and maintain a bridge structure in Bill 10 271 and building footings in Bill 272 over and within the right-of-way of Filbert Street and Cuthbert Street. The structures are a part of a parking garage building under development at this site. The Streets Department had previously reviewed construction plans for the project and have no objection to the passage of the bill.
Anyone else who wishes to testify on this bill? (No response.)
The clerk will read the title of the second bill that you already 23 5/16/01 STREETS, SERVICES - BILL 010271, 272 spoke on, just for the record.
Bill No. 010272, an ordinance amending Section 4 of an ordinance (Bill 7 No. 990534) approved November 19, 1999, entitled "An ordinance authorizing Filbert Street Associates, L&I, 150 North Broad Street, Philadelphia, PA, 19102-1424, owner of the property bounded by 12th Street, 13th Street, Filbert Street, and Cuthbert Street, to construct and maintain various building footings under the abutting footways of Filbert Street and Cuthbert Street, all under certain terms and conditions," by extending the time for compliance with the conditions stated therein.
Thank you. Any questions for this witness? (No questions.)
Hearing none, the clerk will read the title of the next bill.
Bill No. 010301, an ordinance granting permission to John Tripodi, owner of the property 2536 McKean Street, 24 5/16/01 STREETS, SERVICES - BILL 010271, 272 Philadelphia, PA, 19145, and his successors and assigns, to construct, use, own, and maintain a private water line under the cartway of 26th Street and the south footway of the 2500 block of McKean Street to provide water service to 2536 McKean Street; all under certain terms and conditions.
Again, my name is Nancy Sen and I'm here for the Streets Department to testify on behalf of Bill No. 010301. This bill allows Mr. John Tripodi to construct and maintain a private water main in the south footway of the 2500 block of McKean Street for servicing the needs of his property known as 2536 McKean Street. The Streets Department has reviewed the construction plans for the project and has no 19 objection to the passage of the bill.
Thank you. Any questions for this witness? (No questions.)
Hearing none, the clerk will read the title of the next bill.
Bill No. 010304, an 25 5/16/01 STREETS, SERVICES - BILL 010301 ordinance authorizing Brinker International, Inc., d/b/a Maggiano's, a tenant of the property 1201-1239 Filbert Street, Philadelphia, PA, 19107, to construct and maintain various encroachments projecting onto and over the north footway of Filbert Street and the west footway of 12th Street, all under certain terms and conditions.
Again, my name is Nancy Sen and I'm here for the Streets Department to testify on Bill No. 010304. This bill authorizes Brinker International, Inc., the owners of Maggiano's and tenant of the Filbert Street Associates Limited Partnership, to construct and maintain the following encroachments on, above, and under the public footway of Filbert Street: A fabric-covered canopy structure with mounted light fixtures supported by fabric-covered posts; A revolving door; A total of 10 wall sconce fixtures; A total of 7 rigid awnings; and a cafe railing. The Streets Department has reviewed 5/16/01 STREETS, SERVICES - BILL 010304 plans for this project. All encroachments leave adequate width and clearance of unobstructed footway. Therefore, the Streets Department has no 5 objection to the passage of the bill.
Thank you. Any questions for this witness? (No questions.)
Hearing none, the clerk will read the title of the next bill. Thank you, Ms. Sen.
Bill No. 010168, an ordinance amending an ordinance approved January 3, 1992 (Bill No. 1205-AA), which, pursuant to subsection 9-204(8)(a) of the Philadelphia Code, designates the locations of Center City at which vending is permitted, by deleting all permitted vendor locations on both sides of Tenth Street between Arch Street and Chestnut Street, all under certain terms and conditions. 27 5/16/01 STREETS, SERVICES - BILL 010168
Good morning. Please identify yourself for the record and proceed with your testimony.
Good day, Councilman DiCicco and members of the Committee on Streets and Services. I am Otis Haigler, Jr., Legislative and Regulatory Affairs Manager for the Department of Licenses and Inspections. Today, I'm here to provide testimony on Bill 010168, which, if enacted, will prohibit vending on both sides of Tenth Street between Arch and Chestnut Streets. The Department of Licenses and Inspections is in charge with the responsibility for the enforcement of Section 9-204 subsection 8(a) of the Philadelphia Code related to the licensing of vendors and inspecting for compliance with the provisions of the code. In accordance with our responsibilities, the Department offers no 22 objections to the enactment of Bill No. 010168 and is prepared to enforce the provisions of this bill 24 should Council vote for its passage. Thank you. I will be happy to answer 28 5/16/01 STREETS, SERVICES - BILL 010212 any questions you have.
Thank you. Any questions for this witness? (No questions.)
Hearing none, the clerk will read the title of the next bill.
Bill No. 010212, an ordinance amending Section 9-205 of the Philadelphia Code, entitled "Sidewalk sales," by prohibiting sidewalk sales on portions of Front Street, Frankford Avenue, and Palmer Street.
Good day, Councilman DiCicco and members of the Committee on Streets and Services. I am Otis Haigler, Jr., Legislative and Regulatory Affairs Manager for the Department of Licenses and Inspections. Today, I'm here to provide testimony on Bill 010212, which, if enacted, will prohibit sidewalk sales on portions of Front Street, Frankford Avenue, and Palmer Street. The Department of Licenses and Inspections is charged with the responsibility for 29 5/16/01 STREETS, SERVICES - BILL 010212 the enforcement of Section 9-205 of the Philadelphia Code related to the licensing of vendors and inspecting for compliance with the provisions of the code. In accordance with our responsibilities, the Department offers no 8 objections to the enactment of Bill 010212 and is prepared to enforce the provisions of this bill 10 should Council vote for its passage. Thank you, and I will be happy to answer any questions you have.
Thank you. Any questions for this witness? (No questions.)
Hearing none, the clerk will read the title of the next bill.
Bill No. 010232, an ordinance amending Section 9-204 of the Philadelphia Code, entitled "Sidewalk Vendors in Center City," by exempting sidewalk sales by owners and tenants of properties in the 900, 1000, and 1100 blocks of Pine Street, and regulating such activity under the sidewalk sales provisions of Section 9-205 of the Philadelphia Code, all 30 5/16/01 STREETS, SERVICES - BILL 010232 under certain terms and conditions.
Good day, Councilman DiCicco and members of the Committee on Streets and Services. I am Otis Haigler, Jr., Legislative and Regulatory Affairs Manager for the Department of Licenses and Inspections. Today, I'm here to provide testimony on Bill No. 010232, which, if enacted, will permit vending by owners and tenants of property in the 900, 1,000, and 1100 blocks of Pine Street. The Department of Licenses and Inspections is charged with the responsibility for the enforcement of Sections 9-204 and 9-205 of the Philadelphia Code related to the licensing of vendors and inspecting for compliance with the provisions of the code. In accordance with our responsibilities, the Department offers no 22 objections to the enactment of Bill No. 010232 and is prepared to enforce the provisions of this bill 24 should Council vote for its passage. Thank you. I will be happy to answer 31 5/16/01 STREETS, SERVICES - BILL 010232 any questions you have at this time.
I know there are a number of other people here who wish to testify. Do we have a list? Who will be testifying? Just raise your hand for a minute. All right, then, why don't all four of you come up. And, Otis, we're going to need you around. So all those who are testifying, please come up to the witness table and decide among yourselves, please, who's going to go first. And we'll take it from there. (Witnesses come forward.)
Before the testimony begins, for the benefit of my colleagues who are here, there was a meeting on this legislation, I guess, two months or so ago -- I lose track of time. Some of the discussion -- I mean, the discussion basically was around do we want to allow sidewalk vending on certain blocks of Pine Street? I made a decision at the time that we would do -- we would allow that to happen, the vending on Pine Street, on certain blocks, but I also made it under the condition that it would be on a probationary time schedule because we 32 5/16/01 STREETS, SERVICES - BILL 010232 wanted to see how it works out. There are people who are store owners and operators who are in favor of the vending and there are those who are store owners and operators who are against the vending. And as we all know, we are always in that position of trying to make everybody happy, which is impossible. So, again, there have been some discussions. Today obviously will be the more formal hearing on the bill. And we'll proceed with your testimony in whatever order you so choose. If you can't make the arrangements, then I'll have to pick and choose. Please identify yourself for the record and then proceed with your testimony.
My name is John Arneth, A-R-N-E-T-H. I own Show of Hands on Pine Street in the 1000 block, 1006. I am not an antique store; I sell handmade, one-of-a-kind, and limited-edition crafts, ceramics, glass, and metal and some fabric. I'm concerned about the appearance of the area that's under discussion from very much a safety standpoint. During the meeting that you 33 5/16/01 STREETS, SERVICES - BILL 010232 referred to, Councilman, you had indicated that you would include in the ordinance a prohibition of stacking and selling of items from the curbside of the street. I have never read an ordinance before -- before Irene Benedetto faxed me the Bill 8 010232. In my very limited experience with reading an ordinance, I don't see where the stacking or sales of items from the curbside is prohibited.
It's actually -- and Mr. Haigler can correct me 'cause he's the expert of this. If you read the -- do you have the pink copy, do you have the bill in front of you? Under Section 1, number 2, subsection (.1), sidewalk vending shall take place within 40 inches of the building line. And then it goes on to (.4), all items displayed for sale must be arranged in a single layer so that no such item is placed on top of another such item -- which means no stacking.
Okay. So no items stacked on top of another such item. Obviously, if 34 5/16/01 STREETS, SERVICES - BILL 010232 somebody is selling a table and puts a vase on top of it, that's not stacking, but if they have a table and a chair or a table and another table or something like that, that is considered stacking. I just wanted to be --
I mean, a lot of it, I guess, can be left up to interpretation, but I'm trying to make it as clean as possible.
I think the practical answer to the question is, yes, I would not -- from some of the photographs I've seen and personal observation where tables are stacked one on the other or chairs are stacked on the table or a small piece of furniture is placed on top of a table or a breakfront, that would not be permitted. I think not only does it make it look more cluttered but it also, I think, poses a public safety issue. I think it's a public safety hazard, a potential public safety hazard by allowing stacking.
Okay. One other thing I would like to point out -- I think I pointed it out to you in my letter several months back -- and 35 5/16/01 STREETS, SERVICES - BILL 010232 that's the issue of safety and the width of the sidewalk. A number of years ago, the City was mandated to put curb cuts for handicapped accessibility, etc. Fortunately, they also helped families with strollers and the elderly. Just recently, we have had handicapped parking spaces installed in our blocks on Pine Street to allow the two-hour parking of people with handicaps.
I still feel as though any sort of display of goods on the sidewalk is counterproductive to what the federal government and the City is trying to do by making the area more accessible to those who have some sort of a handicap. Now, obviously, not all of the people who have handicaps are wheelchair-bound or use crutches. Some, such as some of our vendors, have bad backs, which still qualifies for handicap, but I do feel as though the narrowing of the sidewalks further is counterproductive to what the City is trying to do in bringing Antique Row as a destination. 36 5/16/01 STREETS, SERVICES - BILL 010232 It's unfortunate that the business association that Tony Malis (ph.) and Mary Ann Cardellino have been very -- working on very hard to set up. We have only had one meeting with no 6 officers elected yet and no real topics of discussion because this would make a very good topic of discussion. But I would like to go on record that from the handicap safety standpoint, I measured my sidewalk in front of my store. At the widest part, it's approximately 10 feet, but that does not include the area where the steps come out. Where the steps come out, the sidewalk is obviously more narrow. And I think any restriction of that area any further is --
Well, let me say this to you. Again, referring to that same section (.2), a minimum of five feet of unobstructed sidewalk width shall be maintained at all times. And that, I believe, follows the ADA requirement. So in most cases, and from what I can remember about Pine Street, if you took the 40 inches from the property line out, in many cases, 37 5/16/01 STREETS, SERVICES - BILL 010232 you may not exceed the distance that the step exceeds. So you really will not be taking that much more of the sidewalk away. I know the issue -- for me, anyway, -- and I think I mentioned it at the meeting was more the esthetic issue.
I mean, I'm one of these fanatical people about creating order on the sidewalks and removing a lot of the street furniture that's out there and kind of putting it in a neat and tidy little package. But at the same token, I've also been a proponent of sidewalk cafes and things that put people back out onto the streets to make the streets more vibrant and alive. Now, I'm not suggesting that a stand-alone piece of furniture will accomplish the same goals that I think that sidewalk cafes will do. But it could, it could -- and I say that quite cautiously -- create some sort of an interest to that sidewalk and create a lot more people activity on the sidewalk. So that's why I say that maybe we need 38 5/16/01 STREETS, SERVICES - BILL 010232 to look at this on a probation period. We have to go through the process, introduce the bills, and have the hearings today. And let's see how it works out. If it doesn't work out and there's problems with it, you know, we don't go forward with the bill. I won't ask to have the bill voted out today, or even if I do ask for the bill to be voted out today, we don't have to vote it out on second and final passage. It could stay there until the six-month probationary period has expired and then make the decision whether to vote the bill up or down. And I've done that with other bills and all of us have done this with other bills. We just wait and see.
Okay. Not to beat a dead horse, but your comment about the sidewalk, the steps brings another factor which I had not thought about. And, actually, Virginia could possibly give me some information. Pine Street is a tree-lined street, and we have many businesses with a tree cut in front of it. The mandatory free space, open space that's indicated. Is that from -- and I wish I 39 5/16/01 STREETS, SERVICES - BILL 010232 had a diagram.
In some cases, it would be from the curb, but if there's a tree --
I think the answer to that would be, and Mr. Haigler could correct me if I'm wrong. It would be, when we say a minimum of five feet, that would be whether it's from the curb or from the tree, from the tree line to the step line, whatever it is, you need a minimum of five feet to be consistent. But Mr. Haigler will testify.
Councilman, you are quite correct in your assessment. And also, I had a question about the steps. Would the steps be -- I'm assuming the steps is part of the egress from the building, correct?
Then you would be in violation of other codes such as the fire code if 40 5/16/01 STREETS, SERVICES - BILL 010232 you were to place anything in proximity to the steps itself. So I don't believe that this bill 4 would allow -- even if it did, you couldn't do that anyway because the fire code says that you can't obstruct an egress from the building.
What I think we can do is maybe we can impose on the Department of Licenses and Inspections to go out, and on each individual property, basically lay out the area in which you can vend. I mean, I don't want to say you're going to paint the sidewalk, but there may be a way of putting a little mark someplace on the sidewalk that is not distracting from the esthetics of the building but to say this is the perimeter that you can vend your products in. And L&I, I think, would be more than glad to do that because going forward, I think this will prevent a lot of problems as to where you should be and where you shouldn't be. They do that with sidewalk vendors -- Ninth Street is an example of other vending areas where we have many carts. L&I would literally go out and dedicate the spot in which the vendor can vend. Is that a fair assessment of how we can 41 5/16/01 STREETS, SERVICES - BILL 010232 do that, Mr. Haigler?
I think that would be an excellent -- not compromise, I don't want to sound that way. But I think that would indicate to everybody the exact area where they could have items. And in closing, quite frankly, I think anything that will bring more people to Pine Street is good for Pine Street. We have a -- I'm on the Board of Washington Square West civic but I'm not here in their behalf, I'm here as a store owner. But we have a renovation going on right now, Mixto (ph.), which is the old Two Sisters. They eventually are going to have a sidewalk cafe, and Virginia is on the Washington Square West Board also, and I think it's fair to say that the board is most in favor of anything of that nature -- not that I am here to testify on that behalf. But I just want it clear that anything that can bring more people to Pine Street I'm most in favor of.
And the cafe, that would have to be done by ordinance as well so the 42 5/16/01 STREETS, SERVICES - BILL 010232 public community would be a part of that process. And I suspect that most people would support, but I've been known to be wrong in the past, so we'll wait and see when that bill comes across my desk. And, again, I think that -- going back to the dedicated area, and L&I will describe the area in which the person, the property or business can vend. I think during that probationary period, we'll know then if people are willing to cooperate or not. And if there's continual violations of the vending and where you should vend, that would lead me to at some point in time reject this bill and not support it. But, again, you don't know until -- I'm trying to be fair. I mean -- and, again, we're always in a position where we have to figure out how we can make everybody happy, which is virtually impossible. But at least a probationary period, I think, would get us to some point to see if there is cooperation, if it's working or if it isn't working. And L&I will be a part of that policing authority to understand and let me know, as the sponsor of the bill 'cause it's in my district, 43 5/16/01 STREETS, SERVICES - BILL 010232 whether people are complying or not. And we'll keep track of that. And I will also say this. I spoke to the commissioner of L&I MacLaughlin within a day or two after that meeting, the last meeting we had, and I asked him not to do any enforcement of the vending bill until this hearing and give him further notice. We may just, again, as I said, do it on a probationary period to allow people to vend. And from now until that six-month period, if we see continual infractions and violations, I would have no problem saying no more vending. I mean, you know, we got to work together. I think that's the theme I was trying to get out with the last meeting, and if you're not having meetings, I can't help you; I have enough meetings of my own and I'm not going to micro-manage another organizational meeting group. So you have to figure that out for yourselves how to do that. Thank you. Thank you for your testimony. Next witness? Please identify yourself 44 5/16/01 STREETS, SERVICES - BILL 010232 for the record.
Good morning, everyone. My name is Virginia Tressino (ph.). Just in answer to John Arneth's question, our Greening Committee has planted over 400 trees in the neighborhood, and not one of them is in front of a step.
I think what he was seeing, Miss Tressino, is that regardless of where the tree is placed on that pavement, would that be a part of what the requirement for the five foot is? And the answer to that is yes.
And so whether the tree is placed directly in front of the step or in the middle of the property line going width-wise, horizontally, you would take it from the inside of the tree trunk to the property line and make sure -- as long as you have five foot, you'd be okay.
Okay. I'm here to testify on Bill 010232. I've owned and operated a 45 5/16/01 STREETS, SERVICES - BILL 010232 business on Pine Street since 1969. Within that time, I operated an antique business for years. 4 Items for sale were continuously placed on 5 sidewalks of most antiques and ancillary 6 businesses. There has always been a mix of fine 7 antiques and miscellaneous collectible shops on 8 Pine Street. The nature of the ambience of Pine 9 was the Street ebb and flow of inventory. 10 Looking chronologically back over the 11 history of Pine Street, there was always a mixture 12 of the age of items for sale. On Pine Street, 13 there was Michael Fiorello, who was a scholar and 14 one of the finest antique dealers in America. He 15 only handled William and Mary, early Queen Anne 16 and Chippendale and very early American antiques. 17 And at the same time, there were dealers on the 18 same street who sold items considered to be at that time secondhand furniture and collectibles. Both kinds of businesses flourished. I think by having items displayed in front of a business gives a vitality to the street. Whether it is potted palms or a rocking chair, it shows that the stores are open. The eyes of tourists who are directed to Antique Row 46 5/16/01 STREETS, SERVICES - BILL 010232 by City signs, hotels, and tour groups can see from a distance that the street is alive. I have a long-vested on Pine Street. I currently rent my old shop to one of the fine- antique dealers, who, by the way, does not put items on the sidewalk for sale but supports this new ordinance. I would also like you to consider extending the ordinance to include the 1200 and 1300 block of Pine Street, which includes some stores and some antique shops. I'm committed to Pine Street. It was my life and is now my living. I support Frank DiCicco in writing this ordinance with the caveats indicated. Thank you.
Thank you, Miss Tressino. Councilman Rizzo, do you have a question?
Good morning. The issue of conducting business, and I assume it's considered conducting business on the sidewalk -- I'm wondering, does your business insurance allow you or does it cover you in the 47 5/16/01 STREETS, SERVICES - BILL 010232 event that there'd be an accident? I understand walking down the sidewalk, someone trips, but the minute you bring items outside and a incident would occur, would your insurance protect you?
I would think everyone has liability insurance, but to my recollection, the items put outside on the sidewalk rarely extended past the front step, in towards the store window and not exceeding the front step of the store.
If someone tripped over an item that was on the sidewalk and injured themselves, would your business insurance --
I would imagine if it's your furniture, it's part of your inventory, it's your store, it's your property.
Okay. I think it would be a good question to ask your insurance agent. The other question has to do with security associated with putting things on the 48 5/16/01 STREETS, SERVICES - BILL 010232 sidewalk.
Are you concerned about theft? You talked about a vase. Has the police department been asked to have any input at all on the --
I think just by -- I've had things stolen from inside my shop; they didn't have to be outside.
Yes. Usually the things you put outside are not easily pocketed and you take your chance.
In other words, there's going to be some risk associated with putting --
They're not going to take a chair and run down the street, most likely, but smaller items are --
I think the dealers are 49 5/16/01 STREETS, SERVICES - BILL 010232 knowledgeable enough to know that they shouldn't put small things out.
But I would also like to hear what the police department thought about putting valuables out and I assume when you say the word "antique," you're talking about something that's not $1.98 sitting out on the sidewalk.
I'm trying to be helpful. If you want to be sarcastic with me --
Yeah, I understand what you're saying, but there's also a certain amount of common sense here.
We're here to have a hearing to try to understand the issue that you're dealing with. So if you want to try to answer the question that I ask -- I don't even know what a Chippendale is, ma'am, but if you have one, you're very fortunate. Thank you.
Thank you. 50 5/16/01 STREETS, SERVICES - BILL 010232 Any other questions of this witness? (No further questions.)
Next person to testify, please identify yourself for the record and proceed with your testimony.
Good morning, committee members, good morning, Councilman DiCicco. My name is Mary Ann Cardellino. I'm a resident of Wash. West and own a business at 1002 Pine Street. The name of my business is Blendo Past and Present. As the name implies, I sell old and new items, vintage or secondhand furniture, ceramics, glassware, gift items, cards, and an occasional antique. I believe the ordinance that Councilman DiCicco is proposing in Bill No. " This ordinance is making into law what has been a common practice on Pine Street for the better part of 100 years. In the packets I have given you, you will see a photograph of a store once located at 1237 Pine Street that a Mr. John Eham owned, an African-American. This photograph was taken in 51 5/16/01 STREETS, SERVICES - BILL 010232 1923 and made available to me by the Library Company of Philadelphia. I'm sure that any antique dealer today would pay top dollar for what Mr. Eham displayed in front of his store then. I also have enclosed photocopies of photographs that were taken in the 1950s, which show merchandise being displayed in front of the stores in the 900, 1,000, and 1100 blocks of Pine Street and on the corner of 13th and Pine. People often travel to foreign cities or to the Williamsburg, Virginia's of this country to capture the charm and a reminiscent look at the past. Many people come to Philadelphia to capture that glimpse of history. I think what Councilman DiCicco is proposing is allowing a vitality back onto Pine Street, giving an energy to a street that is seeing a resurgence. In the past year and a half, several new businesses have moved on to Pine Street. When a business has merchandise displayed in front of their store, it's an invitation to passerbys [sic]. It invites or allows the potential customer to get acquainted 52 5/16/01 STREETS, SERVICES - BILL 010232 with the business without walking through the front door, a sort of quiet introduction. I have been told on numerous occasions that people have felt intimidated by the stores that are only open a few days a week or only open by appointment. I used to sell fine jewelry in Manhattan and I learned early on that you cannot judge your customers by narrow-minded criteria. Your next sale can come from anyone, any age, any background. Antique Row is in the middle of a wonderfully diverse neighborhood. I want my neighbors to be my customers; I don't want to wait all day for an interior designer to bring in a Maine Line client. I sell to students, hospital employees, and doctors alike, and the display on the sidewalk in front of my store has only brought positive responses from my customers. It's important also for the tourists that comes down Pine Street to have a visual memory of their experience. Stores with individual character is what makes shopping in Center City different from shopping at the mall. I think the homogenization of Pine Street will 53 5/16/01 STREETS, SERVICES - BILL 010232 certainly kill a historic shopping area. The ordinance that Mr. DiCicco wrote is equitable. It has to be adequate -- there has to be adequate room for people, baby carriages, and shopping carts passing by. 26 feet. Also, I think that the provision to keep the items in one later and not stacked is respectful of those passing and just smart business practice. Thirty-three of the approximately forty-five businesses on these blocks of Pine Street have signed in support of displaying merchandise immediately in front of one's own business as long as it would allow for sufficient space so as not to impede sidewalk traffic.
I also have copies of letters from business owners and neighbors stating their support as well as a copy of the letter that the Washington Square West Civic Association sent to Councilman DiCicco on February 14th stating: "At last night's Washington Square West Civic Association Board meeting, a motion supporting the 54 5/16/01 STREETS, SERVICES - BILL 010232 writing of an ordinance allowing the outside display of merchandise on Antique Row was passed. " And signed by the president of Washington Square West. In closing, I would like to thank Councilman DiCicco for his effort to introduce this ordinance and to thank the other committee members for this time to speak about an ordinance 13 that I am confident will bring a vitality and ambience to a street with a long history that will be more inviting to residents and visitors alike. Please respect the true history of Pine Street. Thank you.
Thank you. Thank you for your testimony. Any questions for this witness? (No questions.)
Hearing none, the next witness, please identify yourself for the record.