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Minutes

Committee Hearing, February 5, 2007

Philadelphia City Council Committee HearingsFeb 5, 2007

People mentioned

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

Organizations mentioned

Councilwoman Reynolds-Brown

Is this, new this Coordinated Street Furniture Program?

Ms. Tracy

Well, it's fairly new and it really has -- one of -- we 88 2/5/07 LICENSES AND INSPECTIONS - BILL 060618 are very concerned about it because the input seems to be throwing it out to the commercial vendors and come back to us with ideas rather than the public saying, you know, Here are the areas where we think it could work, you know, but not here, don't even think about that. You know, certainly the shelters for buses, we've had that, but I think this particular RFP calls for an increase of over a hundred new ones.

Councilwoman Reynolds-Brown

Mm-hmm.

Ms. Tracy

It also calls for kiosks, which we don't have on our street.

Councilwoman Reynolds-Brown

I see.

Ms. Tracy

And I think there are also some legal issues that we had addressed at that hearing regarding putting commercial advertising in the public space without permission of the 89 2/5/07 LICENSES AND INSPECTIONS - BILL 060618 property owners. And there are some court cases out there. So I think the Managing Director's Office --

Councilwoman Reynolds-Brown

Is administering it?

Ms. Tracy

I think it's that and the property --

Councilwoman Reynolds-Brown

Public Property?

Ms. Tracy

And Public Property. So it's on the website, this RFP, and we've looked at it fairly closely, but we're not really sure where it is in the process.

Councilwoman Reynolds-Brown

Do you know the deadline for the RFPs?

Ms. Tracy

I don't know, Councilwoman, offhand.

Councilwoman Reynolds-Brown

Okay.

Ms. Tracy

But I can find that out for you. 90 2/5/07 LICENSES AND INSPECTIONS - BILL 060618

Councilwoman Reynolds-Brown

Thank you for your testimony.

Councilwoman Blackwell

Mr. Chairman?

Councilman Savage

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you. If I may, I guess it's been two years now. We met with Councilman Ramos about trying to do trash cans and advertise like University City District and various other aspects positive about our community. We had contacted (indiscernible) and other stores. So, you know, I think that when done well, there is some place for this. We just have to do it in a positive way. We didn't get that worked out because there was an issue about who paid for what, who picks up the trash, and other issues involved. But, you know, the whole issue of advertising, whether it be public or 91 2/5/07 LICENSES AND INSPECTIONS - BILL 060618 commercial, is an important issue for our city. And we believe in some areas it works, and obviously, in some areas it doesn't. Thank you.

Councilman Savage

Thank you. Is there any other questions from members of the members of the committee? (No further questions.)

Councilman Savage

Thank you for your testimony.

Ms. Tracy

Thank you.

Councilman Savage

Is Gary Spawn here? (Witness comes forward.)

Councilman Savage

Good morning.

Mr. Spawn

Good morning. My name is Gary Spawn. I live on South 17th Street just south of South Street. I thank the committee for the opportunity to make some brief observations. 92 2/5/07 LICENSES AND INSPECTIONS - BILL 060618 I live as I said just south of South Street, so just outside that area, that would be the borderline between the haves and the have-nots of the signs if that proposal were approved. I'd like to point out that I do think that making the distinction between commercial and non-commercial signs is an important part of this discussion. And I do believe that if we extrapolate the provisions in the Philadelphia zoning code for prohibiting non-accessory signs, transferring that concept to what can happen on light poles and telephone poles, non-accessory commercial signs don't belong anyplace except for where the place of business is. But also, I'd like to point out that in the areas of the City that have been most vocal about we don't want these signs -- namely -- specifically, I'm thinking of the Center City District. The Center City District is 93 2/5/07 LICENSES AND INSPECTIONS - BILL 060618 also in the area where most of the telephone poles have been removed, and those utilities are underground, so the very same border -- Vine Street to South Street, river to river -- once you go outside of those districts, you find a lot more opportunities to post things on telephone poles. So I was walking up Bainbridge Street, and for a four-block area, the identical two signs were posted on every single telephone pole. The disproportionate effect of this proposal has a disproportionately blighting effect, in my opinion, on our more blighted neighborhoods. It allows a lot more blight in the areas where we need the most help fighting it. Thank you.

Councilman Savage

Thank you. Is there any questions from members of the committee? (No questions.)

Councilman Savage

If there's 94 2/5/07 LICENSES AND INSPECTIONS - BILL 060618 nobody else here to testify, this will conclude our public hearing. The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you. Thank you, Mr. Chairman. Mr. Chairman, can I ask the Administration -- particularly L&I, and I don't know if Law's here. I just had one question about some of the types of posters. Mr. Haigler? (Messieurs Haigler and Perri return to the witness table.)

Councilman Savage

The Chair recognizes Mr. Otis Haigler.

Councilman Clarke

Good afternoon, gentlemen.

Mr. Haigler

Good afternoon.

Councilman Clarke

Mr. Haigler, just very briefly, during, I guess, CD or album releases -- I guess they don't call them albums anymore; I guess that's an old person's term. 95 2/5/07 LICENSES AND INSPECTIONS - BILL 060618

Mr. Haigler

No, they still call them albums.

Councilman Clarke

They still call them albums? During the release of these types of albums, CDs, I notice that throughout the City, there's the plastering of these very large posters throughout the City traditionally on major thoroughfares. I see it along Broad Street, and they plaster them up and down the pole. And I've actually seen the gentleman walking down the street with a ladder. It's quite a science. I mean, one guy carries the ladder, the other guy carries the posters. He's throws the ladder up, the guy scoots up the posters, plasters them all the way up. And I've actually stopped to look and see if there's any disclaimers on those. Is there any way legally we can hold the artists responsible, although there may not be any reference to the 96 2/5/07 LICENSES AND INSPECTIONS - BILL 060618 printer of the poster but the artist's name on the poster? What's the legal --

Mr. Haigler

I'm not an attorney, Councilman, but I would -- my personal view would be that if you can identify who the responsible party is for the sign -- and that could possibly be anybody that's linked to the sign -- that person probably can be held comfortable for the accountable for the sign.

Councilman Clarke

So if the artist's name is on the sign --

Mr. Haigler

And then they would probably have to disclose some information to get themselves out of, I guess, the liability for the violation. They probably would have to disclose possibly who placed the sign specifically on the pole, if it was an advertising company or something that worked, I guess, outside of -- worked not necessarily for the artist but some sort of advertising company that the 97 2/5/07 LICENSES AND INSPECTIONS - BILL 060618 record company --

Councilman Clarke

But they actually don't have anything other than the name of the album, the name of the artist, and sometimes more -- actually, more often than not, the name of the release date. There's nothing --

Mr. Haigler

More than likely, it's probably the record company that probably sponsored it.

Councilman Clarke

All right. And, you know, I understand you're not an attorney. Can you check with Law to find out the legal ability of the City of Philadelphia to go after the artist?

Mr. Haigler

We certainly can.

Councilman Clarke

Yeah, 'cause I don't -- you know, these things are like huge and they plaster them up, and they just indiscriminately go through the neighborhoods. And I think because there's no many name down at the bottom, similar to Councilwoman 98 2/5/07 LICENSES AND INSPECTIONS - BILL 060618 Krajewski's signs that actually have the phone numbers and the address of the advertiser or the company. Or in the case of political posters, it's clearly known who that elected official is, and there's usually a disclaimer down at the bottom 'cause we put that union bug and everything else down there. Can you track that down for me, please? 'Cause I really -- I really --

Mr. Haigler

We certainly can.

Councilman Clarke

All right. Thank you.

Mr. Haigler

And we will get back to you.

Councilman Clarke

Thank you.

Mr. Haigler

Or we will get back to the Chair and the Chair can give it to you, or we can call you directly.

Councilman Clarke

Thank you, Mr. Haigler. Thank you, Mr. Chairman. We are now requesting a two-minute recess. 99 2/5/07 LICENSES AND INSPECTIONS - BILL 060618

Mr. Haigler

Thank you. (Short break taken.) (Proceedings resume.)

Councilman Savage

The committee is now in session. If there are no other people here to testify, this will conclude the public hearing for the L&I committee. * * * 100 2/5/07 L&I PUBLIC MEETING - BILL 060618

Councilman Savage

We will now move into our public meeting. The Chair now recognizes Councilwoman Krajewski for an amendment on Bill 060618.

Councilwoman Krajewski

Thank you. Councilman, the -- I offer an amendment to Bill 060618. The amendment is to exclude the following districts: The 1st, the 2nd, the 5th, 6th, 7th, 8th, 9th, and 10th all for that amendment.

Councilman Savage

Will the amendment be adopted? All in favor will say aye?

Councilman Clarke

Mr. Chairman?

Councilman Savage

All in favor -- you said -- all in favor, say aye? Nays?

Councilman Kelly

No. 25

Councilman Savage

I'd like to 101 2/5/07 L&I PUBLIC MEETING - BILL 060618 recognize Councilwoman Krajewski for another amendment on Bill 060618.

Councilwoman Krajewski

Thank you. I'd like to offer another amendment including, but not limited to, banners, pennants, placards and stickers, advertisement flags, and plaques.

Councilman Savage

Will the amendment be adopted. All in favor, say aye? Nays?

Councilman Kelly

No. 16

Councilman Savage

The Chair recognizes Councilwoman Krajewski for a motion on Bill No. 060618.

Councilwoman Krajewski

I move that Bill 060618 be adopted, as amended, for first reading in our next session of Council. (Motion seconded.)

Councilman Savage

All in favor, say aye. 102 2/5/07 L&I PUBLIC MEETING - BILL 060618 Nays?

Councilman Kelly

No. 4

Councilman Savage

This concludes our public meeting and ends our Committee of Licenses and Inspections.

Councilwoman Krajewski

And a suspension of rules.

Councilman Savage

The Chair would like to recognize Councilman Kelly.

Councilman Kelly

Yes. Thank you, Mr. Chairman. I just want to go on record as voting no against this bill and any amendments to it for the simple reason that any amendments to this bill, or exclusions, if you want to call them that, would not be enforced by the Department of Licenses and Inspections. That's the problem that I have with this bill, that there would be no 24 enforcement whatsoever if we exclude any district within the City guidelines, and 103 2/5/07 L&I PUBLIC MEETING - BILL 060618 that's why I'd be voting no against this bill and any amendments to it. Thank you.

Councilwoman Krajewski

But this bill will also be held for the floor so the members of Council could have that option vote on this bill one way or the other, Mr. Kelly. Thank you.

Councilman Savage

Thank you. This concludes the public meeting on the Committee on Licenses and Inspections. Good afternoon. * * * 104 C E R T I F I C A T E I HEREBY CERTIFY that the proceedings of the City of Philadelphia Council Committee on Licenses and Inspections are contained fully and accurately in the stenographic notes taken by me on Monday February 5, 2007, and that this is a true and correct statement of same. __________________________________ JOSEPHINE CARDILLO Registered Professional Reporter (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)