COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON RULES Room 400, City Hall Philadelphia, Pennsylvania Wednesday, October 20, 2010 10:15 a.m. PRESENT: COUNCILMAN JAMES KENNEY COUNCILMAN DARRELL CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO, JR. BILL 100498 - An Ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Chapter 14-1600... BILL 100536 - An Ordinance amending provisions of The Philadelphia Code relating to towing... BILL 100538 - An Ordinance amending Section 9-605 of The Philadelphia Code, entitled "Towing"... BILL 100554 - An Ordinance to amend the Institutional Development District Master Plan of the Aria Health System-Torresdale Campus... - - - 2
Good morning, ladies and gentlemen. The Committee on Rules is now in session, with a quorum consisting of Councilman DiCicco, Councilman Goode, Councilman Kenney is chairing the Committee today, Councilman Greenlee and Councilwoman Donna Reed Miller. The bill on our list for today is Bill No. 100554, an ordinance to amend the Institutional Development District Master Plan of the Aria Health System-Torresdale Campus (formerly Frankford Hospital), located at 10800 Knights Road, by allowing for the construction of a new building addition for use as a parking garage. (Witnesses approached witness table.)
Mr. Kramer, please identify yourself for the record and proceed.
Good morning, Councilman Kenney, members of the Rules 3 10/20/10 - RULES - BILL 100498, ETC. Committee. I am William Kramer, Division Director of the Development Division of the Philadelphia City Planning Commission. I am here to testify on Bill 6 No. 100554, which was introduced into City Council September 16th, 2010. Bill No. 100554 will amend the Institutional Development District Master Plan for Aria Health System-Torresdale Campus (formerly known as Frankford Hospital), located at 10800 Knights Road in Northeast Philadelphia. This amendment will permit the expansion of the existing parking garage and make certain changes in the driveways in an effort to better serve the campus, which includes a 252-bed medical surgical facility. The driveway changes will result in all access to the campus occurring on Knights Road rather than along both Knights Road and Red Lion Road. The proposed addition will be a four-story addition to the existing four-story garage, which is located on 4 10/20/10 - RULES - BILL 100498, ETC. the northeast corner of the campus. The addition will house an additional 465 parking spaces, which brings the total number of spaces in the district to 1,761. The Philadelphia City Planning Commission at its meeting of August 17th, 2010 approved the Institutional Development District Master Plan amendment for the Aria Health System-Torresdale Campus. I have just been advised that the Law Department has requested that the large map be placed as an amendment to the bill so that this could be on file 17 with the Clerk's Office as more legible than the electronic version that was submitted with the bill.
We are requesting that the bill be amended to include this as Exhibit A within the bill.
Thank you 5 10/20/10 - RULES - BILL 100498, ETC. very much. Any questions for Mr. Kramer? (No response.)
Is there anyone else to testify? It's up to you. Just identify yourself, please.
Good morning. My name is Peter Tantella. I'm an engineer, consulting engineer, retained by Aria Health System in this matter. With me today is Ms. Linda Wilson, who is Chief Operating Officer of the Aria Health Hospital. We're glad to answer any questions the Committee may have this morning.
Thank you very much. Any questions of the panel? (No response.)
Seeing none, before I recognize Councilman O'Neill, I just want to thank you for your continued investment in our city and 6 10/20/10 - RULES - BILL 100498, ETC. your expansion, and we do appreciate having the opportunity to help you. Councilman O'Neill.
Yes, Mr. Chairman, and I appreciate your letting it go on first and get back on that 20-mile trek up 95. But I want to first ask for a rules suspension on the bill and, secondly, just note for the record and thank the hospital, particularly Ms. Linda Wilson, the COO, for working so closely with the neighbors and myself. It's rare the level of cooperation and compromise that was reached here with a couple of meetings with the immediate neighbors. It goes a long way to helping the hospital become a better neighbor. Thank you.
Thank you, Councilman. Thank you very much for coming in and your testimony. Is there anyone else to testify 7 10/20/10 - RULES - BILL 100498, ETC. on this bill? (No response.)
Seeing none, the next bill is 100498, which is an ordinance amending Title of The 7 Philadelphia Code, entitled "Zoning and 8 Planning," by amending Chapter 14-1600, 9 entitled "Miscellaneous," by adding a new 10 Section establishing the Roxborough 11 Environmental Control District, all under 12 certain terms and conditions. 13 Mr. Kramer, please identify 14 yourself.
Good morning, Councilman Kenney, members of the Rules Committee. I am William Kramer, Division Director of the Development Planning Division of the Philadelphia City Planning Commission. I am here today to testify on Bill No. 100498, which was introduced by Councilmember Jones on June 17th, 2010. Bill No. 100498 amends the Philadelphia Zoning Code by amending 8 10/20/10 - RULES - BILL 100498, ETC. Chapter 14-1600, by adding a new Section 3 establishing the Roxborough Environmental Control District. This bill covers the properties known generally as Manatawna Farms in the Shawmont Valley section of the City. The properties are bounded by Hagy's Mill Road, Cathedral Road, the Schuylkill River and the Philadelphia County border and is approximately 76 acres in size, with 50 acres dedicated to farming, community gardening, hay raising and animal husbandry. The purpose of this bill is to establish the Roxborough Environmental Control District as a new section of the Philadelphia Zoning Code. This district encompasses the Manatawna Farms area, which is seen as a wildlife habitat, with the intent to protect the fragile grasslands that provide open space for migratory songbirds and ensure that the serpentine rock formations are not built upon. It is claimed that the 500 garden plots currently located on the property 9 10/20/10 - RULES - BILL 100498, ETC. have damaged the ecological integrity of the area with invasive plant species, animal pests and storm water runoff. It is believed that further development of five acres for a total of ten commercial farm plots would have a devastating effect upon the environmental integrity of the area. Manatawna Farms is currently utilized by two entities: Saul High School of Philadelphia and the Schuylkill Center for Environmental Education. Saul High School mainly uses its property to grow hay for its animal husbandry program and to provide support for the 4-H program and animals. The Schyulkill Center for Environmental Education manages the on-site community gardens. The City of Philadelphia Department of Parks and Recreation advertised a Request for Information for Management and Operation of Commercial Chemical-Free Farming at Manatawna Farms on March 19, 2010. The RFI stated that 10 10/20/10 - RULES - BILL 100498, ETC. this program will provide farmers more land than is traditionally available in the City for growing crops. The Philadelphia City Planning Commission considered Bill No. 100498 at their meeting of October 19, 2010. After consideration, the Commission recommended that Bill No. 100498 be disapproved. The current zoning of the property as "R-2" Residential does not permit commercial farming. This bill is creating an additional overlay to restrict a use that is already not permitted under the existing zoning classification, which would normally have to go to the Zoning Board of Adjustment for the granting of a variance. With the prohibition against commercial architecture already in place, the bill is considered redundant. This concludes my testimony. I appreciate the opportunity to appear before you today and would be pleased to answer any questions you may have.
Thank you 11 10/20/10 - RULES - BILL 100498, ETC. very much for your testimony. Prior to recognizing Mr. Focht, I would like to recognize Councilman Kelly and Councilman Clarke to the Committee and additionally in the audience, Councilmembers Jones, Rizzo and Quinones-Sanchez. Please identify yourself for the record and proceed.
Good morning, Councilmembers, members of the Committee. I'm Mark Focht. I'm the Executive Director of Fairmount Park. I appear before you today on behalf of the Department of Parks and Recreation in opposition to Council Bill No. 100498. I would like to use my testimony to outline our concerns, including potential citywide implications across the park and recreation system. The City of Philadelphia is committed to supporting the development and growth of urban agriculture. Urban agriculture and access to fresh, local 12 10/20/10 - RULES - BILL 100498, ETC. food has a strong place in the City's sustainability plan, Greenworks Philadelphia, which recommends the establishment of commercial 6 agriculture projects in the City. 7 Philadelphia Parks and Recreation, in 8 collaboration with other City 9 departments, including Planning, Health 10 and the Mayor's Office of Sustainability, 11 has undertaken responsibility for 12 implementation of this goal. One of the most significant constraints to urban farming in Philadelphia is access to high-quality agricultural land which will not change in ownership or use. S. Department of Agriculture, the National Lands Trust and our own consultant, Sustainability Planning. All agree that Manatawna Farm presents the best 13 10/20/10 - RULES - BILL 100498, ETC. opportunity within our system to advance this urban farming goal. It has sufficient land and offers great opportunities to partner with the School District of Philadelphia to engage high school students and learning about small-scale, environmentally appropriate urban agriculture. Manatawna Farm is approximately 76 acres, with acres in hay fields, 13 12 used for pasture, just under seven for 13 community gardens and about one and a 14 half acres surrounding the house and barn 15 complex. The balance of the property is 16 wooded, consisting of steep slopes and 17 other areas which are unsuitable for 18 farming. The property straddles the City 19 limit, located in the City of 20 Philadelphia and Whitemarsh Township, 21 Montgomery County. The School District 22 of Philadelphia uses approximately half 23 the acreage to raise hay to feed the 24 dairy and beef cattle and other farm 25 animals at Saul High School and to graze 14 10/20/10 - RULES - BILL 100498, ETC. cattle. The School District's resident farmer lives in the farmhouse on the site. In addition, the local 4-H Club uses the farm and facilities at Manatawna. Manatawna has been a working farm for decades. Keeping with its historic use as a farm, the Department proposes to offer up to five acres, which is less than seven percent of the property, divided into small one-half-acre farm plots, totally no more than ten acres, to experienced farmers to operate and manage sub-acre, chemical-free market gardening plots for the purpose of fostering sustainable urban agriculture businesses in Philadelphia and enhancing direct, locally grown market of produce for the citizens of Philadelphia. Bill No. 22 100498 would prohibit this use. It would also potentially serve as a harmful citywide precedence for how park and recreation land is used. 15 10/20/10 - RULES - BILL 100498, ETC. To gauge the interest in this type of farming, the Department issued a Request for Information called an RFI seeking individuals and groups who could demonstrate substantial experience in farming, which may include experience with "small plot intensive" farm models, which are also known as SPIN Farming, or other small plot farm models, community-supported agriculture programs or farm cooperatives, and with sufficient financial capacity to operate and manage small-scale farming at a high level.
We received submissions to 16 the Request for Information, or RFI, including many from non-profit organizations that provide fresh food to underserved communities in North and West Philadelphia, individuals who would sell their products at farmers' markets and distribute to restaurants and even farmers who would grow fresh flowers or plants to produce natural dyes. The Department has determined 16 10/20/10 - RULES - BILL 100498, ETC. that nearly all of the responses to the RFI would be qualified to participate in a Request for Proposals, or RFP, process. Respondents to an RFP, which has not yet been released, would be permitted to submit proposals for one farm plot each. If selected, respondents would receive a one-year license for a plot that would require adherence to specified land use protocols. Since February 2010 --
Mr. Focht, I'm sorry. I don't mean to interrupt, but the question I have is, is this testimony on the zoning change?
It is? Because it seems there's another set of issues here that you're talking about in your testimony, whether you're for or against the zoning change.
The zoning change would prohibit us from doing the things I'm outlining here. 17 10/20/10 - RULES - BILL 100498, ETC.
Okay. Fine. We'll proceed on that basis, but I'm sure we'll have questions. I just wanted you to enlighten me as to where the testimony was going relative to the zoning change.
Since February 2010, the Department has engaged local residents and near neighbors to seek input and support as we conceptualize plans for the urban agriculture. Unfortunately, some, but not all, of the near neighbors oppose this type of farming at Manatawna Farm. Our proposal would repurpose only -- excuse me; 19 only five of the 25 acres currently used 20 for hay production. One of the concerns 21 voiced by the near neighbors is a 22 perceived loss of habitat. We would like 23 to just briefly outline how we address 24 that work at the Department. 25 We believe firmly that 18 10/20/10 - RULES - BILL 100498, ETC. small-scale, commercial-free farming, which would not be allowed under the ordinance if passed, could occur at Manatawna without negatively impacting habitat or storm water management. In fact, in 2010, the Department provided to our stakeholders a list of principles to guide for this use of Manatawna Farm using environmentally sustainable principles, part of those -- a number of them which are in my testimony which you received, but one -- just highlight one of them, which is to support the development and sustainability of diverse habitats which complement the work of the Department and its partners in the Schuylkill and Wissahickon watersheds. When discussing habitat, it's clinically important to note that the Department has been actively engaged in this immediate neighborhood in Northwest Philadelphia to increase the area of habitat, specifically grasslands, throughout the park system for the 19 10/20/10 - RULES - BILL 100498, ETC. remarkable benefits that they hold. Specific to this site or immediately adjacent to this site, the Department is improving six acres of land immediately adjacent to Manatawna to develop enhanced habitat quality for several priority bird species adjacent to the Schuylkill Center. We've also recently acquired from Public Property the Roxborough Reservoir and have developed substantial meadow habitat at Saul High School -- excuse me; at the Wissahickon Valley Park immediately adjacent to Saul High School at a site called Houston Meadow. These parcels in total 70 acres of habitat we have created, similar to the habitat adjacent to and in proximity to Manatawna. For these reasons, the Department and our colleagues in Planning and the Office of Sustainability, along with Parks and Recreation Commission, are opposed to the restrictions on urban agriculture that would be placed on 20 10/20/10 - RULES - BILL 100498, ETC. Manatawna Farm as a result of passage of Bill No. 100498. Therefore, we respectfully seek this Committee to not approve this legislation, and I would be pleased to answer any questions.
Zoning parcel is currently zoned "R-2" Residential, and "R-2" Residential will say that it permits agriculture and horticulture, but specifically prohibits commercial farming as part of the Zoning Code. It's been that way since 1967.
So what you've described in your testimony, you're telling me that the zoning would not have to be changed to do that?
For the small-scale commercial -- 21 10/20/10 - RULES - BILL 100498, ETC.
Correct. It's not "R-2" Residential. You're going to look for a variance to the "R-2" Residential.
So what is the difference between Council, who has the authority to change the zoning designation, or the ZBA that gives you a variance to do it? If you need a variance to do it, what's the difference between changing it here or getting a variance at the ZBA?
In this instance what's going on is, there isn't -- this is just adding another refusal onto the system. This is not a zoning change bill. The zoning will still be "R-2" Residential, which would still be a variance for the commercial. This is now creating an overlay in the Code that says now 14-1630 whatever now would require that you have a variance from both 22 10/20/10 - RULES - BILL 100498, ETC. sections of the Code. There would be another section of the Code to obtain a variance from. The existing Manatawna Farms is there as a pre-existing non-conforming use. It's been there since whenever.
Thank you, Mr. Chairman. My question is sort of on the same line, a little different spin. First, Mr. Kramer, you said basically the Planning Commission's opposition is the bill is redundant, right?
I guess my basic question, so what's the problem with that? I mean, it's kind of reinforcing what is there already. I mean, is that the Planning Commission's only opposition really?
That was the 23 10/20/10 - RULES - BILL 100498, ETC. position that they stated yesterday, yes, sir.
All right. Then, Mr. Focht, right now if you want to do this right now, this bill 8 was not passed, you'd have to go to the Zoning Board, right?
If this bill passes, you're going to have to go to the Zoning Board, right?
What's the difference? I think -- and Councilman Jones can speak for himself, but I guess the point is, I think what he's trying to do is reinforce this issue. But either way, you have to go to the Zoning Board, so I guess where's the beef? No pun intended there.
We are talking about a farm that raises cattle, yes. It just was unclear to us if 24 10/20/10 - RULES - BILL 100498, ETC. this was added, there's two layers -- there's already a layer of protection with the site because it is zoned Residential "R-2." This would add an overlay, which, in our conversations with the Planning Commission and the colleagues, our colleagues at the Planning Commission, seem to be redundant.
But if it's redundant, it doesn't change anything. Redundancy doesn't change; it's just reinforcing, right?
So it doesn't seem like if we pass this, in a sense, other than sending the clear message where the Councilman and the community wants to be, it doesn't change anything. You still have to go to the Zoning Board today or two weeks from now if we pass, right?
All righty, then. Councilwoman Miller, do you have any questions?
Anyone else have questions for these witnesses? (No response.)
Mr. O'Neil, Mr. Garcia, Ms. Kobland and Mr. Kates. Come up as a panel, please. (Witnesses approached witness table.)
Thank you very much for your attendance today. Before we get started, it's kind of my sense of the Committee that we're on your side. So your testimony is important for the record, but I want to make sure that 10/20/10 - RULES - BILL 100498, ETC. the testimony is varied. I don't want the same testimony about the same thing, because we're most likely going to vote this out the way you want it.
We tried to make our testimony each to be about one or two minutes.
Perfect. Thank you. Please identify yourself for the record.
Good morning. My name is David O'Neil. I'm a resident of Roxborough, live adjacent to Manatawna Farm. I'm a founding member of the Friends of Manatawna Farm, an advisory board member of the Schuylkill Center and a supporter of community gardening, urban farming and building the local food supply. I spent ten years reviving the Reading Terminal Market and was one of the first people to bring farmers back to the City and popularize local food. For the last 20 years, I have worked to 27 10/20/10 - RULES - BILL 100498, ETC. rebuild local markets' economies and food supplies all over the world. On behalf of my neighbors, surrounding community and civic groups, all of whom -- we have all the civic groups from the area. Their letters are all in your packet -- I ask you to support Councilman Jones' ordinance to create the Roxborough Conservation District to protect the endangered grassland habitat and support the farming programs of the award-winning W.B. Saul Agriculture High School. Manatawna Farm is a sustainable community of gardeners, neighbors, farmers, birders and students who have achieved that often elusive balance of uses based on responsible land stewardship and respect for nature. Manatawna is, in its most auspicious state, productive, useful and beneficial. In addition, the farm as currently managed is a large natural filter lying 360 feet above and adjacent to the Schuylkill River that helps keep its 28 10/20/10 - RULES - BILL 100498, ETC. waters cleaner to the benefit of many citizens of Philadelphia. Manatawna Farm is a place that has escaped the trampling of development and is increasingly threatened with experiments, fragmentation and schemes for outsiders to make money. In the future, these pressures will only become more frequent and adamant. As such, we ask that you support this ordinance, this community, these students and wildlife to protect and preserve a green sanctuary that is not to be found in any other city in this country. There are thousands of places in Philadelphia to establish community or market gardens, so it makes no sense to undermine Saul High School's farm-to-table food system, break up its soils and increase storm water runoff, subvert the wishes of the community and commercialize, with public subsidies no 24 less, one of the last grassland habitats in the region. 29 10/20/10 - RULES - BILL 100498, ETC. We are all supporters of urban farming, yes, but in places where it breaks through concrete and breathes life into communities that hunger to be connected to nature and improves residents' abilities to feed and support themselves where they can learn through involvement. We need to create more green places, not undermine the ones that already exist. Thank you.
Thank you. Whoever is next, please identify yourself for the record.
Thank you for allowing me to speak to you this morning on behalf of W.B. Saul High School, and I'd also like to introduce one of my other colleagues here, Ms. Victoria Macatee, who is a 4-H member and a Philadelphia FFA Chapter historian. 30 10/20/10 - RULES - BILL 100498, ETC. I currently serve as the President of the School District's City-Wide Student Government, which is a student government of at least 150 students who represent the 58 high schools within the School District. But I'm also a senior at Saul High School. As a member there, I also serve as an FFA member there. So I respectfully ask that the Rules Committee support the Bill No. 12 100498. Saul High School is the largest and oldest agricultural high school within the United States. It's a fantastic place, with students of at least a body of 550 students who come from all over the City to learn how to be urban farmers and to learn the science of farming. But a lot of this -- a lot of our culture is already going on at Manatawna Farm, because of the hay production that's there is essential to our school's farm-to-table program. All of the livestock at Saul is 31 10/20/10 - RULES - BILL 100498, ETC. dependent on Manatawna's hay. Any development on it or reduction of the hay field would reduce the school and force them to have to purchase hay elsewhere, which doubles the cost outside of the City. So as a result of that, the school just can't afford that. One of our full-time farmers who lives at Manatawna Farm has been there for the past years improving the 12 soil there and nourishing the hay fields for all of our animals. The school started an even greener campaign when some of the curriculum includes field study of how agriculture and wildlife can co-exist on a farm. For example, our farmer doesn't mow the fields when migratory birds are visiting and nesting. So we need all the hay we can get at Manatawna Farm to make room for the birds and other forms of wildlife and also to provide the feeding of hay for our horses, the sheep and beef and dairy cattle at the school. 32 10/20/10 - RULES - BILL 100498, ETC. We are grateful to Councilman Jones for introducing this ordinance to protect Manatawna Farm. By passing it, you'll protect hundreds of my schoolmates and future Saul students who are future holders too from the risk of losing an essential component of our education, agriculture. With respect, I urge you to pass this bill to ensure a sustainable future for Saul students. For without it, other students like me won't be able to have the opportunity to become farmers.
Thank you very much for your testimony. Any questions for the witness? Councilwoman Brown.
Good morning. Thank you for your testimony. How old is the Friends of Manatawna Farm?
And the 33 10/20/10 - RULES - BILL 100498, ETC. relationship that you all enjoy with Saul, just speak to that in some greater detail.
Well, we've always had a relationship. We live together. We're adjacent to each other, but this has brought us closer. We've worked with Saul and the students and the administration to implement some of these principles about haying to integrate the education and the habitat and the hay fields for the students. It's really innovative work that's going to be copied around the country.
I'm very much aware of the important work of Saul historically, and to know now that there is a linkage with the broader community augments, if you will, real-life experiences around the profession of farming. So thank you very much for your testimony, young man.
Thank you 34 10/20/10 - RULES - BILL 100498, ETC. very much. Please identify yourself for the record and proceed.
Yes. My name is Christina Kobland. I'm the wildlife lady. I'm here today to testify not only on behalf of Friends of Manatawna Farm but also on behalf of East33.org, an organization advocating for wildlife and the protection of their habitat. I am a zoologist and also President and Founder of Native Return, LLC, a Lafayette Hill business specializing in biodiversity through native plant habitat restoration. I lecture throughout the country. My clients include the City of Philadelphia, Division of Aviation, for whom I am doing a multiple-year wildlife and habitat research study. My projects have won numerous regional, national and international awards. I also happen to be a neighbor, owning property adjacent to the Manatawna wildlife corridor, half of which is 35 10/20/10 - RULES - BILL 100498, ETC. located in Whitemarsh Township. It is an area I know like the back of my hand and whose wildlife I love like members of my own family. I would like to begin by thanking Councilman Curtis Jones for introducing this wonderful piece of legislation that not only permanently protects this special steep-sloped property, but also draws global attention to the importance of conserving sensitive open spaces for wildlife. Biodiversity is the life all around us. The greater the biodiversity, the more stable the system. It is not optional. Without biodiversity, we as a species cannot survive. It provides the ecosystem services upon which we all depend, including the purification of our air and water, sequestration of our carbon dioxide, the recycling of our waste and the building of our top soils, to name just a few. While we support urban farming 36 10/20/10 - RULES - BILL 100498, ETC. initiatives, this wildlife corridor is clearly not the place for it. Make no 4 mistake, taking any portion of this 25-acre, minimally disturbed hayfield for commercial farming will destroy the biodiversity it supports forever, as it is in the center of 600 acres of conserved land. Sensitive species shy away from fragmented parcels. Land animals cannot pass through a fenced-off field. This land is especially important because it supports species of conservation concern, such as bobolink, meadow lark and a breeding population of eastern box turtle, not to mention fox, wild turkey, American toad, bobcat and countless others. Thanks to Saul School's agreement to amend the mowing schedule at a hayfield, five dozen bobolink returned to the site this year, a critical stop-off feeding and resting point in their annual migration to and from 37 10/20/10 - RULES - BILL 100498, ETC. Argentina. Providing an alternative location for them is no guarantee the birds will relocate. Picture these tiny birds flying non-stop for five or six days over the Amazon Rain Forest and open oceans, returning to Manatawna in an emaciated, exhausted state. They arrive to find their field and food source gone. It is almost unthinkable the obstacles these birds face in their will to survive. This bill will preserve the habitat for them forever, as well as for other important species. What a wonderful legacy to leave to those who come behind us, and I ask, what could be more green than this? The school has also agreed to time the mowing schedule to allow these birds not only to feed but to complete their breeding cycle at Manatawna. The community and the school are working together to teach Saul's 600 students the importance of sharing our land with 38 10/20/10 - RULES - BILL 100498, ETC. wildlife, to protect our biodiversity, by preserving this habitat and wildlife corridor forever. Again, thank you, Councilman Curtis Jones, for introducing this bill. We ask that you give it your full support to show that Philadelphia is indeed the greenest city in America. (Applause.)
To keep this brief, we just got a letter of support from State Senator Vincent Hughes, which I won't read. I'll just enter it in.
We have a letter from Congressman Chaka Fattah and from Senator Vincent Hughes in support of the ordinance. Thank you for your testimony. Yes, sir. Please identify yourself for the record.
My name is Jim Kates. I'm Vice-President of the Friends 39 10/20/10 - RULES - BILL 100498, ETC. of Fox Chase Farm, which is another facility like Saul High School in the Northeast part of the City. We support this bill. We are concerned that something similar is going to happen at Fox Chase Farm. I have -- I'll summarize my testimony, because I know you want to move on. It's in your packet. Basically, we have 10,000 school children who come through here every year, and we're concerned about bringing people in. If you work for the School District, you have to have certain kinds of background checks and criminal records checks and so forth. In order to do that, we're concerned about bringing day laborers and stuff like that in. But we support the bill. Actually, just on rumors, we circulated a petition. You're welcome to have it. We got 300 people to sign a petition last Saturday opposing this at Fox Chase Farm and also supporting what 40 10/20/10 - RULES - BILL 100498, ETC. you're doing here. So thank you very much.
Thank you for coming in and for your testimony. That will conclude the witness list that I have. (Witness approached witness table.)
My name is Roxanne Christensen and I'm here to oppose the restrictions that are going to be placed on commercial farming at Manatawna Farm. For the past ten years, my work has been focused on building a business case for urban agriculture, beginning with the Somerton Tanks Farm project, which was a half-acre commercial demonstration farm operated in partnership with the Philadelphia Water Department in Northeast Philadelphia. That farm generated $68,000 gross from under an acre. The Pennsylvania 41 10/20/10 - RULES - BILL 100498, ETC. Department of Community and Economic Development funded a study to document the economics of that farm and to project out what the total maximum revenue potential could be from that type of farm setup, and it was $120,000. I'd like to make two comments regarding the restrictions that are being proposed. The first relates to the term "commercial," which in the context of the Manatawna Farm initiative means for-profit urban agriculture businesses as opposed to non-profit urban agriculture projects, of which Philadelphia has many. The practices that are used in commercial urban agriculture are much different than large-scale agribusiness. It's, for the most part, non-mechanized. The only mechanized equipment that's used is a roto tiller. It's organic based and chemical free and actually creates mini balanced and diverse habitats that can contribute positively to the environment. 42 10/20/10 - RULES - BILL 100498, ETC. The second point I'd like to make is, urban agriculture can be an economic engine. It is attracting energy and investment by entrepreneurs. That is the type of activity that Philadelphia is trying to attract. And urban farmers should be supported, not thwarted. The same practices that would be allowed at Manatawna Farm to produce under a thousand dollars, which, as I understand it, is one of the restrictions in the bill, have been used to generate $68,000 gross, and in these financial challenging times, it does not make sense to introduce restrictions on economic activity. And the Manatawna Farm initiative represents an important next step for Philadelphia to establish a commercial urban agriculture industry that will expand the supply of healthy, nutritious food within the City, create self-maintaining green space and generate new business activity, and I would, therefore, urge you to support the 43 10/20/10 - RULES - BILL 100498, ETC. Manatawna Farm initiative. Thank you.
I'm sorry. You oppose the bill? You're opposed to the piece of legislation --
I oppose the bill, as I understand it -- and I haven't followed all the twists and turns, but it restricts commercial farming at Manatawna.
Mr. Chairman, I want to, first of all, thank you for having this important discussion today. I want to thank all of 44 10/20/10 - RULES - BILL 100498, ETC. those, both for farming and for the restrictions of this bill, for coming out today, because this is a very important issue as it relates to the future of the City of Philadelphia. Make no mistake, I am for urban farming, but not at Manatawna. (Applause.)
For the record, so that it is clear, we have other places. Fairmount Park controls over 2,000 acres of farms, and why those five acres are so important is a mystery to me. There are places like Logan that is 35 acres of non-usable land at this point that could be converted to urban farming, which is closer to the point of destination for the distribution of those goods. It just is amazing to me that the only place in the City of Philadelphia that can grow a vegetable is Manatawna Farms, and I would argue that that is not the case and would hope that 45 10/20/10 - RULES - BILL 100498, ETC. the people who have lived in this community for decades get to enjoy their community in the way that -- this is not a new thing for you, Mr. Chairman. I first met you up at the 21st Ward. You travel up that way extensively and you know the surroundings.
-- that we can continue that way of life for Philadelphians. We are a diverse district and we want to keep it the way it is. Thank you.
That will conclude our testimony on this bill. The next bill we have is Bill No. 100538, 46 10/20/10 - RULES - BILL 100498, ETC. which is an ordinance amending Section 3 9-605 of The Philadelphia Code, entitled "Towing," by providing that a vehicle may be relocated from the premises of a hospital without first being ticketed, under certain terms and conditions. Lieutenant Healy and Mr. Forte. (Witnesses approached witness table.)
Please, whoever is ready to start, please identify yourself for the record. LIEUTENANT HEALY: I'll start, Councilman.
Fran, could you pull that closer to you. Thank you. LIEUTENANT HEALY: Good morning, Chairman and other members of the Rules Committee. My name is Francis Healy and I'm special advisor to Police Commissioner Ramsey and I'm here to testify on his behalf regarding Bill No. 24 100538. First and foremost, the 47 10/20/10 - RULES - BILL 100498, ETC. Commissioner, as always, would like --
Lieutenant, hold on one second. Councilman. Please identify yourself for the record again and proceed. LIEUTENANT HEALY: Sure. My name is Francis Healy and I'm special advisor to Commissioner Ramsey. I'm here to testify on his behalf, as I mentioned, regarding Bill No. 100538. First and foremost, as always, the Commissioner would like to extend his gratitude for allowing the Police Department to voice its opinion on this legislation. That being said, let me state that the Police Department supports the amendments offered by Councilman Kenney. Although vehicles may be temporarily removed for emergency reasons in hospital parking lots, these illegally parked vehicles must still be ticketed prior to being towed to a storage facility. This 48 10/20/10 - RULES - BILL 100498, ETC. amendment is consistent with the existing exception for licensed parking lots found in Section 9-605(d). In either scenario, although an illegally parked vehicle can be temporarily relocated without a parking ticket, a ticket must nonetheless be issued prior to them being transported to a storage facility. Equally important, any law enforcement agency in Philadelphia is authorized to issue these tickets. So since parking tickets are still required to be ultimately issued in these scenarios, the Police Department does not believe that the amendment offered in this bill will undermine the integrity or the intent of the original ordinance, and, for this reason, the Police Department has no objections to its amendment and would respectfully recommend its passage from this Committee.
Thank you very much. 49 10/20/10 - RULES - BILL 100498, ETC. Please identify yourself for the record.
Good morning, members of the Council Committee on Rules. My name is Joe Forte and I'm the Director of Security at the Hospital of the University of Pennsylvania. Thank you for giving me the opportunity to testify on behalf of Penn Medicine in support of Bill 100538 sponsored by Councilman Jim Kenney. Let me begin by saying that Penn Medicine fully appreciates the need for greater oversight of towing operations in the City of Philadelphia and we applaud City Council for the work you have done over the past few months to improve service and safeguard the rights of citizens from predatory towing practices. Council Bill 100538 seeks to balance these important safeguards with the need for flexibility in situations where patient safety could be jeopardized by an illegally parked vehicle blocking a 50 10/20/10 - RULES - BILL 100498, ETC. critical access point to the hospital. Penn Medicine's hospitals provide urgent and emergency care services hours, seven days a week at 6 our three acute care hospitals in the 7 City of Philadelphia: The Hospital of 8 the University of Pennsylvania, Penn 9 Presbyterian and Pennsylvania Hospital. 10 Each year we provide emergency care for 11 more than 116,000 patients, more than 300 12 patients per day in our hospital 13 emergency departments. The Hospital of 14 the University of Penn, HUP, is also a 15 Level I trauma center that provides 16 specialty trauma care to patients 17 throughout the region, and both HUP and 18 Pennsylvania Hospital also delivers more 19 than 9,000 babies combined each year. 20 These patients arrive at our hospitals 21 using different methods of 22 transportation, but, generally speaking, 23 the most critical patients are 24 transported by vehicle, both ambulance and car. It is imperative that these 51 10/20/10 - RULES - BILL 100498, ETC. patients have unobstructed access to the main entry points of the hospital at all times, and it is the responsibility of my team to ensure that occurs. Our primary concern is for the safety of our patients during critical times when the delay of even a few minutes could make a difference in saving a life. Council Bill 100538 would give designated hospital security personnel the authority to relocate a vehicle blocking a critical patient access point without first being ticketed by the Philadelphia Police Department or the Philadelphia Parking Authority under certain conditions. These conditions would require hospitals to follow a clearly delineated process that includes the completion of an official form by designated hospital personnel. The legislation would also mandate that tow operators remain at the temporary location after removing the vehicle until an enforcement officer arrives and 52 10/20/10 - RULES - BILL 100498, ETC. determines that the vehicle should be towed. In short, the legislation would allow hospitals to move a vehicle parked in a dangerous location immediately, while still requiring compliance with all the other aspects of the revised towing law. We believe this is an important and necessary tool for hospital security in cases where an illegally parked vehicle presents a clear threat to hospital access for those in need of emergency care. We view towing as a last resort, and our hospitals would reserve this method only for those times when we deem it to be both necessary and within the scope outlined in Bill 100538. While we do not have data on the number of vehicles that would be affected by this change, based on our past history, we estimate that we see an average of five vehicles per year blocking critical patient access points at hospitals. 53 10/20/10 - RULES - BILL 100498, ETC. While this number is small, the impact in terms of access to critical emergency services can be significant for a patient in the back of an ambulance or a mother in active labor, underscoring the need for this change.
On a personal note, I guess around eight months ago we had a situation where we had a vehicle that was blocking half of our entrance point to our trauma center at HUP. The other part of the area was filled by rescue squads. Well, we had a rescue squad come in seconds later and they had to unload a gunshot victim on the street, around 50 to 60 feet away from the actual trauma door. So that's an example of why this is so important. In summary, I would like to thank you for recognizing the unique challenges hospitals face in the new towing laws and offering a common-sense solution that we believe enhances public safety while still maintaining the rights 54 10/20/10 - RULES - BILL 100498, ETC. and protections of vehicle owners. Thank you for giving me the opportunity to provide testimony in support of Bill 100538. I will be happy to answer any questions you might have.
Thank you very much. Any questions for this witness? (No response.)
I do. Good morning, gentlemen. In trying to grasp the substance of this bill, in your view, who are the winners or losers looking forward? LIEUTENANT HEALY: If I can answer that question. I believe our biggest concern from the Police Department's perspective is two issues. One is consumer advocacy, making sure that people who have their cars towed are having them legitimately towed and that they have a recourse available to them. 55 10/20/10 - RULES - BILL 100498, ETC. That's why we have the ticket in place. The second issue is for uniform enforcement. So my police officers know that if somebody is taking a car from a private property, that it needs a parking ticket. Basically that gives my officers the authority to do whatever enforcement they have. They can see a car being transported without a ticket, they can make the car stop, determine whether or not it was taken properly or not properly. So for those two reasons, I think this ordinance -- or, I'm sorry, this amendment, really it's a win-win. Because I understand the need to move cars temporarily in a hospital setting. We need to ticket the cars, but in this scenario here, the cars are being moved around, jockeyed around so they can do the emergency stuff that they have to do, but before the cars are being actually transported on Philly streets to a storage facility, they still require the 56 10/20/10 - RULES - BILL 100498, ETC. ticket. And, actually, that ticket will have the information on it of who saw the violation and who is available to testify against the car owner, so the car owner still has the ability or recourse to go into a court and determine, hey, look, I parked my car legally, you took it improperly. At least he still has that mechanism. My biggest problem when this bill was initially drafted was it carved out a completion exception. There would be absolutely --
It carved out a what? LIEUTENANT HEALY: A complete exception for the hospital setting where no tickets would be issued, and from a Police Department perspective, we objected vehemently, and I think we came to a very good resolution. The fact is, I understand the need to jockey the cars so you can get the ambulance in, but before that car gets transported somewhere else, it still needs a ticket. 57 10/20/10 - RULES - BILL 100498, ETC. So nonetheless now we're back to square one, so everyone is on the same page. Everyone who gets their car towed from private property, I can say that with all degree of certainty, should have a parking ticket on it. Whether it's from a private parking lot or from a hospital setting, the fact is there will be a ticket on it, so I can give clear guidelines for my police officers from an enforcement perspective.
Okay. So what I'm hearing is uniformity becomes a plus universally. LIEUTENANT HEALY: Absolutely.
And that's not a circumstance now, that doesn't exist right now? LIEUTENANT HEALY: Right now the way the Councilman's bill was originally drafted and passed, every car 58 10/20/10 - RULES - BILL 100498, ETC. taken off a private property lot would need a ticket.
After November 12th. LIEUTENANT HEALY: So what happened is, that caused some problems in the hospital setting, whereas we need it moved now, we can't get a police officer, an enforcement officer now. So what this bill allows them to do is jockey the car, put the information of who saw what, where, when and how on the car, so when the enforcement officer comes, the car is still on location, although may be slightly different, but the officer can then write the ticket based on that information, which is acceptable under the Rules of Criminal Procedure for summary citations.
And in some ways that protects the consumer, because now at least the consumer knows what the standard procedure is versus having X number of folks who tow cars 59 10/20/10 - RULES - BILL 100498, ETC. having all different procedures. LIEUTENANT HEALY: Exactly. More importantly, it gives them access -- that ticket gives them access to the court. If they believe they've been aggrieved somehow, prior to Councilman Kenney's bill, you really had no 9 recourse. You had to go to these private lots, pay your car, and then if you thought you got ripped off, you had to sue them. Now you have a parking ticket, which is your ticket into a court of law where a traffic court judge or originally a municipal court judge can make a determination whether or not you were parked legally, your car shouldn't have been towed, and then from that issue, the judge has different discretion and powers.
I see. And it's University of Pennsylvania speaking today, but you're representing the hospital industry; is that fair to say? 60 10/20/10 - RULES - BILL 100498, ETC.
Yes. And truly, Councilwoman, the real winners are the people that are seeking critical care that need to get into a hospital right away.
Okay, then. Thank you for your testimony. LIEUTENANT HEALY: Thank you.
Seeing none, we'll move to Bill No. 100536, which is an ordinance amending provisions of The Philadelphia Code relating to towing; in particular, amending Section 19 9-605, entitled "Towing," by revising the provisions for the licensing of towing companies; by revising the rotation system for towing certain vehicles; by providing for fines, penalties and license suspensions, and for administrative adjudication of certain 61 10/20/10 - RULES - BILL 100498, ETC. 1, relating to fees for towing and storage of immobilized or impounded vehicles; all under certain terms and conditions. I'd like to take the opportunity to just read a statement before we start, also reiterate the fact that this bill will not be requested to be moved out of Committee today. We intend to listen to all of the testimony, to make whatever changes are appropriate to the bill and at a future date to vote the bill out of Committee to get it to the floor. This is my personal statement relative to this legislation. Nothing more clearly demonstrates the need for cleaning up the towing industry in Philadelphia than the recent arrest of a tow truck driver who 62 10/20/10 - RULES - BILL 100498, ETC. was charged with murdering one of his competitors. The incident, coupled with gun violence this past summer involving two competing towing operators, mask a daily battle on the streets of Philadelphia, where unsuspecting consumers pay the price for a towing industry that is sometimes out of control. There have been countless reports in the media and hundreds, if not thousands, of complaints filed against tow truck operators for ripping off consumers. While the harm done to consumers can be measured on an individual basis, the perceptional harm done to Philadelphia and our tourism and hospitality industry in terms of lost tourist dollars is immeasurable. Last spring, I joined with my colleagues on Council to try to bring some sanity and order to this madness. I introduced legislation to prevent tow truck operators from towing vehicles off 63 10/20/10 - RULES - BILL 100498, ETC. private property until a ticket issued by the law enforcement. The bill recently signed into law by Mayor Nutter goes into effect November 12th. We are here today because in spite of all our past efforts and good intentions, towing in this city is a major public safety hazard and consumer protection issue. While the majority of tow truck operators are law-abiding businesspeople, the sad fact is that a good many are not. That's why I've introduced legislation, Bill No. 100536, designed to bring some order and sanity to the towing industry. My legislation would give joint regulatory oversight of towing companies to the Philadelphia Parking Authority and the City's Department of Licenses and Inspections. This oversight would include the licensing, inspection and review process of tow companies, all vehicles, as well as administering the rotational towing program. In its current form, the 64 10/20/10 - RULES - BILL 100498, ETC. legislation increases the standards for the licensing of tow companies and tow vehicles. It also creates much-needed safeguards for drivers involved in accidents whose vehicles require a tow through the rotational tow program. Based on feedback from the industry, amendments are in the process of being drafted to provide for the licensing of tow truck operators to enhance accountability. Additionally, members of the industry have asked for more stringent requirements for participating in the rotational towing program. Feedback through testimony today will also be considered. This is a very complex issue with a number of interested individuals. While I do not intend to move this bill out of Committee today, the testimony provided will be considered for the amendments that will be offered at a future hearing on this legislation. 65 10/20/10 - RULES - BILL 100498, ETC.
Related to the licensing of tow companies, the proposed legislation raises the standards of the industry to enhance public safety and trust. New York City and the State of Texas are examples of other jurisdictions that require companies to be licensed. Their fees are also similar to what is proposed in this bill. Licensed tow companies who choose to participate in the City's rotational towing program will have to meet additional requirements related to equipment and must follow strict guidelines related to response times where they may -- and where they may tow a disabled vehicle. Specifically, tow trucks will be required to arrive at an accident scene within 20 minutes of being dispatched, and no vehicle may be towed without police authorization. Furthermore, this legislation would authorize the Parking Authority to monitor and track all tows related to the 66 10/20/10 - RULES - BILL 100498, ETC. rotation program and handle all billing and payment matters, too. Customers will be billed by the PPA, which will in turn pay the towing companies. This will result in uniform towing and storage rates, along with acceptance of debit and credit cards as well as cash. All vehicles will be towed and stored at a secure 24-hour Philadelphia Parking Authority lot unless otherwise directed by the customer. Customers can also have their vehicles towed directly to an auto body shop of their choice. My legislation provides harsh penalties for any non-approved tow truck that shows up at the scene of an accident. The first offense is $500, the second is a thousand, and the third offense is a thousand dollar fine and a six-month license suspension. With that as background for today's hearing, I would like to thank my colleagues and open the hearing today and recognize Deputy Commissioner Everett 67 10/20/10 - RULES - BILL 100498, ETC. Gillison for testimony. Please identify yourself for record. DEPUTY
Thank you very much, Councilman. Everett Gillison, Deputy Mayor for Public Safety for the City of Philadelphia. Good morning, members of Council, members of the Rules Committee. Thank you for the opportunity to appear before you today on behalf of the Nutter Administration to testify on Bill No. 14 100536, which seeks to amend provisions of The Philadelphia Code relating to towing. This bill, introduced by Councilmen Kenney and Jones, offers some very creative solutions to longstanding problems that have existed in the towing industry. We have all heard countless complaints of citizens who have had encounters with tow operators who seem to take advantage of drivers' difficult circumstances. Moreover, we have heard 68 10/20/10 - RULES - BILL 100498, ETC. complaints about tow operators racing to accident scenes, failing to carry the necessary safety equipment, failing to heed a vehicle owner's instructions on where to take their vehicle, failing to accept credit cards for payment and failing to provide safe and secure storage and a host of other failures. All of this conduct imperils public safety. The authors of this bill should be commended for their creative thinking in devising ways to combat these issues. The proposed Code changes with respect to inspections, licensing and enforcement are positive suggestions at curbing these abuses. It was just this past summer that we all heard the dangerous tale about two tow operators engaging in reprehensible conduct over which operator would tow a vehicle involved in an accident at Whitaker and Hunting Park Avenues. Since that time, the 69 10/20/10 - RULES - BILL 100498, ETC. Philadelphia Police Department has made changes to the way in which it operates the rotational towing system. Police officers are no longer dispatched to accident scenes via police radio, where the broadcast may be intercepted by a tow operator with a scanner. Officers are now dispatched via their mobile data terminals, to which the public has no 11 access. Also, once police radio dispatches an officer to an accident scene, the dispatcher calls the tow operator next in line on the rotational list. These changes help to curtail wreck chasing and the inherent dangers of that practice. The Police Department is committed to the rotational towing system. The Department desires that the system operate in a safe and efficient manner and will continue to monitor the system and make operational changes when necessary to achieve these goals. Bill 70 10/20/10 - RULES - BILL 100498, ETC. No. 100536 offers a creative scheme to revise the rotational towing system; in particular, placing responsibilities in this area with the Philadelphia Parking Authority. We are willing to consider any solution to make the system work, although we understand there may be impediments to implementing that particular proposed scheme. The Administration pledges to continue to work with all of those on Council who desire to bring a sense of order and sanity to the towing industry. Thank you for the opportunity to testify. I'll be happy to answer any questions from the Committee.
Thank you very much. Mr. Fenerty, do you have anything to add at this point?
No, Mr. Kenney. I was invited here by you today to answer any questions which the Councilmembers 71 10/20/10 - RULES - BILL 100498, ETC. may have regarding the rotational towing system or how the Parking Authority would handle this if called upon.
And you intend to stay for the duration of the hearing?
I agree, any opportunity to offer additional sanity is always great for the consumer. What do you believe the impediments are? DEPUTY
Well, we've all -- I think both Council's lawyers and the lawyer from the City Solicitor's Office say that there are some issues that we have to overcome with the provisions for the inclusion of the Parking Authority to help us out in this 72 10/20/10 - RULES - BILL 100498, ETC. area. We're looking at creative solutions there. We're also looking at training issues within the Police Department to see if we can actually find a better way of enhancing once an officer gets to the scene, what their -- and clearly delineate what their responsibilities are and what they're permitted to do under the system and what they're not. Any solution that is being proposed, even with this solution also as a model, would require increased officer participation at the scene and also increased reliance on either the PPA and its area that it would actually come in or having additional, what I call, freeze-the-moment-in-time when the officer gets there and clearly delineate who is going to be allowed to do what at what time. Those are the critical things that we're still working through. We're still looking at both suggestions to training, but we're also looking at how 73 10/20/10 - RULES - BILL 100498, ETC. we can actually enforce some of the things that Councilman Kenney's bill has addressed, which is licensing, weight restrictions, things that the Parking Authority has the ability to do, and we're trying to figure out how we can work together to make this a safer situation for all.
A follow-up directly tied to the issue of staffing. So is it logical to think that because of the potentially new duties and responsibilities, there will be a need for increase in staffing on both sides or just with PPA? DEPUTY
Our 74 10/20/10 - RULES - BILL 100498, ETC. initial modeling from -- and these are discussions that I had with Mr. Fenerty over the summer -- indicated that staffing would really not increase all that much. It's really about how to address the situation out on the scene first, and that's why we are actually trying to go slow in how we actually address this. And I think Councilman Kenney, I've been in touch with him a number of times about this issue over the summer, and the reason why we did the mobile data terminal piece was to see how does that affect the wreck chasing. We have --
That we've actually now put all of our information out over the mobile data terminals that are in the police cars is because that's a secure network. It's only available to law enforcement and it only goes to the officer on the scene and 75 10/20/10 - RULES - BILL 100498, ETC. back. That stops the scanner tipping and everybody running because of what information they're getting over public airwaves. So we've seen a reduction in that kind of movement as we're getting out. Of course, for every action, there's an equal and opposite reaction. We understand that now the scanners are being, for the Fire Department, are being monitored, and we're looking at how we can use that. The good thing I can report is, I'm moving mobile data terminals to the fire truck and fire matters as well, so soon that will become something that is a non-issue as well. But it takes -- this is a very complex situation, as the Chairman has indicated, that we want to make sure that we get right. The licensing, the amount of work that needs to be done on the, I think it was, the safety issue that Mr. Fenerty was talking about with the tonnage for towing and all 76 10/20/10 - RULES - BILL 100498, ETC. of that does seem to be -- we support that being addressed, and we're making sure -- we want to make sure that it's done and it's addressed in a way that doesn't burden the rest of the system. Currently, License and Inspection is responsible for doing that, but we actually might want to see and we're looking into supporting that aspect of it that might be done better by a different agency, and we're working with Mr. Fenerty to see if that's something we can do. But these are all things that have to kind of be flushed out and that's why we are moving slowly.
Yeah, we're slow-walking this to make sure we get it right.
And so your response leads to a subsequent question. Speak briefly first, though, to licensing. Licensing of what? 77 10/20/10 - RULES - BILL 100498, ETC. DEPUTY
The bill talks about placing within the Philadelphia Parking Authority the ability to license the tow operators in a way that would be uniform.
If you could stop right there, because I don't want to lose my next thought. So does the Parking Authority currently have a practice where you subcontract with X industry to handle any of the operations of the Parking Authority?
Vince Fenerty, Executive Director of the Parking Authority. Councilwoman, the only thing we do subcontract currently is some heavy-duty wrecker work when our wreckers are not available. We only have three heavy-duty wreckers, and also some 78 10/20/10 - RULES - BILL 100498, ETC. recovery work, of which the equipment is too expensive for the Parking Authority to purchase.
So with this new enterprise, is what it becomes, or it becomes a new segment duty of the Parking Authority; is that fair to say? DEPUTY
No. I don't see it that way and I don't believe that we've discussed it that way.
It's just important to note that the Parking Authority will not be towing vehicles from the accident scene. Private tow companies will still, if they qualify for the rotation system, will be doing that work. The difference is that the car, rather than being taken to a private impoundment lot or to sometimes a body shop, which is another problem, it will go to the Parking Authority lot, where the chain of custody will be kept consistent.
That 79 10/20/10 - RULES - BILL 100498, ETC. clarity is important.
So the private towing industry will still be going to the accident scenes when discharged or dispatched by the PPA to tow the truck and will be paid for it.
Okay. I don't want to lose my thought. So then the PPA becomes the spoke in the wheel with regards to those private towers who get the opportunity; is that fair to say?
And the process you use at PPA to ensure equity across the board for opportunity is what?
If we were to do this, it would be a rotational tow system, and everything we do would be approved by the Deputy Mayor, Mayor Gillison's office.
All right, then. Thank you both for your testimony. Thank you, Mr. Chairman. 80 10/20/10 - RULES - BILL 100498, ETC.
Councilwoman Miller was in line. I'm sorry, Councilman Kelly.
Good morning. I'd like to get information on how one gets on the rotation list. Is it difficult? Is it easy? DEPUTY
It's actually quite easy. Currently, there is a form that is required that is sent out by either Revenue or License and Inspection. I'm not sure. I think it is License and Inspection. Persons sign up for the matter. They have to meet certain guidelines. Those guidelines are how fast you can actually get to a particular area of the City and how fast you would be required to respond when your number comes up on the rotational tow. They have to almost aver in the 81 10/20/10 - RULES - BILL 100498, ETC. application that they will be able to get to this particular place whenever notified, and we have divided the City up -- or the ordinance divides the City up into various zones. So people can be on two contiguous zones, but can't be on like, I can be anywhere in the entire City and I have one truck. It does not -- that doesn't exist. So I believe right now we have approximately 87 to -- somewhere between 87 and 95 businesses that are on the system, and they are ranked. And then all that happens is that whenever the next person comes up, they're moved on and they are assigned the tow.
If I may add, so operationally right now, a call goes to 911 about an accident. There are 911 operators also dispatching other things. So it's not always a high priority to get the rotational tow system started. We believe that having 911 flip the call to the PPA 24/7 dispatcher, who 82 10/20/10 - RULES - BILL 100498, ETC. will have the consistent list of people who will be called consistently and the next person up. The other benefit we believe is that there will be a history, a list, of how many times you are called in a year, how many times you failed to respond or how many times you did respond. And so it's a more -- we came to the conclusion that looking at past practice, L&I, as much as they work and as hard as they work, don't have the people to do this. We tried to get the Police Department involved because we wanted a little more consistency from them, and they've done a much better job than nothing before, but it's still not their main mission. Their main mission is not inspecting tow trucks. It's fighting crime. So we believe -- and the rest of Council will agree or disagree -- that the most logical place to go after that would be the Parking Authority that actually tows things and is involved in towing. 83 10/20/10 - RULES - BILL 100498, ETC. And, again, it's important to reiterate that we're not removing the towing practice from the private tow companies. It is simply the qualification process and the operation of the rotational tow, but they'll still be doing the work.
Okay. So we have a car accident and 911 is called, and then they call on the mobile data. DEPUTY
They put it out -- not call. It's actually -- imagine it's a computer in the car, so you get a text.
It's mobile, though. It's not over the scanner. DEPUTY
The police officer at the time they arrive at the scene. Well, it's not -- the Parking 84 10/20/10 - RULES - BILL 100498, ETC. Authority is not involved now, but the Councilman's suggestion is that at the 911 entity, that that person at the dispatch would end up calling the Parking Authority for --
And then the Parking Authority calls the tow company? DEPUTY
That's correct. That's the change that the Councilman's bill is looking at. I'm still looking at the dispatch of the police officer to the scene to make sure that what is it operationally that we need to do to improve that response. The Parking Authority doesn't have the enforcement powers of going to a particular location and making sure that people are acting the way they need to be acting at the time of an accident. So we are looking at our training and our 85 10/20/10 - RULES - BILL 100498, ETC. response right now to make sure that when we get to the scene, how do we let the officers know that they're in charge of that scene. They're dealing with people who obviously are upset, distraught, and they have to not only freeze the scene but also wait to make sure that currently it is that officer's responsibility to notify dispatch to call in a tow, whether or not one is needed or not. That's in that officer's discretion at this current time, and that's what we are actually reviewing and have been reviewing since August, is there a better way that we can do either improving training or improving what we're doing to help this issue out and to make sure that we don't put the public in any additional situation that seems to be in a negative situation, I'll put it that way.
All right. You know, when you're involved in an accident, you're really just frustrated and you just want to get it 86 10/20/10 - RULES - BILL 100498, ETC. over with. So once the officer determines that there is the need for a tow truck -- now we're back to rotation -- how many zones do you have citywide, how many? DEPUTY
I believe currently -- I have to get back exactly the number. I think it's six. It's either six or seven. Six. Thank you.
Six zones. And then a tow operator can be on two of the zones? DEPUTY
Yes. My last count when I was looking at it in August when this came back up, it was 87 to 89, somewhere in that area.
You know, what I heard early on with the rotation was that certain companies were being 87 10/20/10 - RULES - BILL 100498, ETC. called all the time and other companies were not being called. (Applause.) DEPUTY
I can tell you that one of the things that is required is that we have an audit of the number of times people are responding and have been called. So if that is a question, I'll be glad to provide the Chair the information.
That is a question, because I've always had that, and I just -- my interest is to make sure that we're not going to hurt small businesses. (Applause.)
And I'm wondering if, with the Parking Authority doing the rotation, if it will improve the rotation, if it will improve. If it will -- I mean, hopefully they'll have a good record. You have records, you said? DEPUTY
I'd be 88 10/20/10 - RULES - BILL 100498, ETC. real interested in seeing it. I also want to see how many minority firms are also on your list of the 87 plus or whatever number of towers. I do have more questions, but I know Jim has been over here trying to get in, so I'll let him get in, but also later I just want to talk a little bit more about what the Parking Authority's responsibilities will be in licensing and also in the qualifying, I think, in qualifying tow trucks. All right.
Thank you, Mr. Chairman. I just want to be crystal clear, that after a vehicle is towed from the scene to the Philadelphia Parking Authority's lot, then the owner of the vehicle would have the right to make the following decisions, whether it's towed by that same towing operator or another one, they can call another one? 89 10/20/10 - RULES - BILL 100498, ETC.
In other words, once it's in your lot, then it's up to the owner of the vehicle to make the decisions on where the car goes from there?
It's up to the owner to make the decision, and the owner could call any licensed tow company that's licensed in Philadelphia to retrieve the vehicle.
I would like to know, is there a standard fee that's going to be set up for vehicles towed to your lot? 90 10/20/10 - RULES - BILL 100498, ETC.
It's included in this bill, Councilman Kelly. It's going to be $175.
A hundred seventy-five. That would be a standard fee to get it from the scene of an accident to your lot; is that correct?
I mean, understand -- so let's make sure we understand the back story here relative to the increase in the towing fee. It was done to accommodate the loss of revenue that may happen with not being able to store the car at a private lot. So we're trying to be a little considerate to the private tower by increasing the fee, because we recognize there may be a drop in revenue relative to the PPA storage. So we're trying to balance this as best we can.
All fees will be 91 10/20/10 - RULES - BILL 100498, ETC. set by City Council.