COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON STREETS AND SERVICES - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, June 9, 2010, 2:00 p.m. - - - BILL 100447 - Amending Section 9-213 of the Philadelphia Code, entitled "Farmers' Markets," by adding, removing and modifying various permissible locations for farmers' markets, all under certain terms and conditions. RES. 100451 - Authorizing City Council's Committee on Streets and Services to hold public hearings to explore the issues and impact of the National Park Service's decision not to renew the commercial use authorization permit, which is allows amphibious tour vehicles to operate a passenger loading and unloading zone on Sixth Street between Market and Arch Streets COMMITTEE MEMBERS PRESENT: Frank DiCicco, Chair Maria Quiñones-Sanchez, Vice Chair William K. Greenlee Curtis Jones, Jr. Donna Reed Miller - - - 2 6/9/10 - STREETS & SERVICES - BILL 100447 COUNCILMAN DiCICCO: Good afternoon, everyone. This is the hearing on the Committee on Streets and Services. We do have a quorum. To my extreme left is Councilwoman Sanchez. To my immediate left is Councilman Greenlee. To my immediate right is Councilman Jones. My name is Frank DiCicco, and I'm the chair of this committee. And we also have Councilwoman Miller who is also a member of this committee. We have a bill and a resolution 15 today. What we're going to do is, we're going to hear testimony on the bill. We'll recess the hearing, go into the public meeting to vote that bill out. And we will then go back into the public hearing for the purposes of collecting testimony -- gathering testimony for the resolution.
Bill No. 100447, an ordinance amending Section 9-213 of the Philadelphia Code, entitled "Farmers' 3 6/9/10 - STREETS & SERVICES - BILL 100447 Markets," by adding, removing and modifying various permissible locations for farmers' markets, all under certain terms and conditions. (Witness comes forward.) COUNCILMAN DiCICCO: Good afternoon, Mr. Haigler.
Good afternoon, Chairman DiCicco and members of the committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today I'm here to provide testimony on Bill 100447, which, if enacted, will amend Section 9- 213, entitled "Farmers' Markets," by adding, removing, and modifying various permissible locations within the City of Philadelphia. The Department of Licenses and Inspections offers no objections to this bill, and I will be happy to answer any questions. Thank you very much. 4 6/9/10 - STREETS & SERVICES - BILL 100447 COUNCILMAN DiCICCO: Thank you. Mr. Haigler. Do we have any questions for this witness from the committee? (No questions.) COUNCILMAN DiCICCO: Seeing none, we will now recess this hearing and go into a public meeting, and we're getting one person back to get a quorum so that we can vote this bill out. Thank you, Mr. Haigler.
You're welcome. COUNCILMAN DiCICCO: We do have a quorum. Councilman Jones?
We'd like to report the bill out with a -- Bill No. 19 100451 -- COUNCILMAN DiCICCO: No, the other one.
We'd like to report out Bill 100447 out with a favorable recommendation and that the rules of Council be suspended for our 5 6/9/10 - STREETS & SERVICES - BILL 100447 next immediate hearing. (Motion duly seconded.) COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 6 100447 be reported out this committee with a favorable recommendation and that the rules of Council be suspended. All those in favor? Those opposed? The bill's approved. Thank you. * * * 6 6/9/10 STREETS & SERVICES - RES. 100451 COUNCILMAN DiCICCO: We will now go back into the public hearing. I would ask Mr. McGonagle to read the title of the resolution.
Resolution No. 7 100451, a resolution authorizing City Council's Committee on Streets and Services to hold public hearings to explore the issues and impact of the National Park Service's decision not to renew the commercial use authorization permit, which is allows amphibious tour vehicles to operate a passenger loading and unloading zone on Sixth Street between Market and Arch Streets. COUNCILMAN DiCICCO: Thank you. For the purposes of my colleagues on this committee and for others who are in the office, I'm just going to just try to give a brief thumbnail overview of what the purpose of this hearing is all about. A few years ago -- and I think it was back in 2004, 2004, after about 7 6/9/10 STREETS & SERVICES - RES. 100451 two years' worth of -- five years -- 2005. After about two years' worth of work involving my office, the Streets Department, the National Park Service, the Department of L&I, and numerous entities who either have operations and/or businesses in the area that we refer to as the Independence Mall area of the historical district, and those included the Constitution Center, the Independence Visitors Center, the horse carriage industry, the double-decker bus, and the Ride the Ducks, to name a few. The reason we had hearings back five, six, seven years ago was to try to create an environment that was not only advantageous to the vendors, and including all of those who I mentioned, and I'm sure I left a few out, but to create a environment in and around the Independence Mall area as it relates to -- as it related to vendors, to create an environment that was a safe environment for tourists who are in that vicinity and 8 6/9/10 STREETS & SERVICES - RES. 100451 who would be looking to either visit some of the buildings, the historical buildings, and/or utilize and participate in the utilization of some of the fun vending -- I'm sorry, I'm getting ahead of myself -- some of fun things that we have around the park. That is, either taking a horse-carriage ride, riding in a double-decker bus, taking a ride on the Ducks, whatever else that was out there. There was a time before this legislation had been enacted that all of these various entities were competing for sidewalk space, for street space to park their vehicles in order to be able to take advantage of the customer base, which is the tourists. And it created a very unfriendly environment and a very unsafe environment for the progress and the people who work for those operators and tourists alike. So we all came together as a group of people who had a vested interest in the Independence Mall area and in the 9 6/9/10 STREETS & SERVICES - RES. 100451 businesses to see if we could find a way in which we could do something in a much more cooperative and safer way so that all people who would be participating and visiting the Independence Mall would have a safe environment and a fun and friendly environment in which to participate in. As a result of that -- and I will ask Mr. Abernathy to come up and give some background on that as well. If you've been out to the mall area in recent years, you will see dedicated staging areas for all of the entities that I've mentioned; in particular, the Ducks, the double-deck buses, and the horse carriages. And it's worked very well over these past few years. We'll get into more technical things as to why -- the other advantages by creating the staging areas not only to the industry but to the City of Philadelphia in encouraging and promoting its tourism operations. About three years ago, I was 10 6/9/10 STREETS & SERVICES - RES.
100451 contacted by federal judge, Timothy Savage, who has an office, judicial chambers, in the federal courthouse at Sixth and Market, asking me to do my part as a councilman for the district who had been the sponsor of the original legislation, to have the Ducks relocate to another portion of the mall, another area of the mall, for the purposes of, in his opinion -- and there's been a lot of back and forth, and I won't belabor this point, 'cause we'll get some testimony on it, because in the judge's opinion based on what he claims was the opinion of Homeland Security, that the Ducks posed a threat to the federal courthouse. What the judge has been suggesting now for the last three years or more is that the Ducks -- someone, a terrorist or terrorist group, would either commandeer or purchase a amphibious vehicle, similar to the Duck boats that we see out there, obviously painted to look like a Duck, pack that 11 6/9/10 STREETS & SERVICES - RES. 100451 vehicle with explosives to blow up and possibly blow up the federal courthouse. I have taken exception with that theory. And one of the witnesses, Mr. Friel, just reminded me that on a daily basis, at peak hour, over 4,000 vehicles travel south on Sixth Street, 'cause the area we're talking about is the Ducks now -- their staging area is on the east side of Sixth Street, between Market and Arch. People who are going to take a ride on the Ducks queue up on that sidewalk. So therein lies the problem as far as Judge Savage is concerned, and we've had numerous meetings with the judge, the Park Service, and all of the entities that I mentioned earlier about this supposedly threat to the federal courthouse. And I just want to go on record now, and I'll probably repeat it over and over again. I find that to be bordering on the ridiculous. As my colleague 12 6/9/10 STREETS & SERVICES - RES. 100451 Councilman Jones has reminded me, "ri-Duck-ulous" that someone or some group who were intent on blowing up the courthouse would bring in a truckload or trailer load of explosives, go out and either commandeer a Duck, existing boat buy an amphibious vehicle to make it look like the Ducks, unload the explosives from the truck or the tractor-trailer, place that material, that explosive material, in a amphibious vehicle to pull up alongside or across the street from a federal courthouse for the purpose of blowing it up; when, in fact, all they need to do is take that same tractor- trailer down Sixth Street and pull the switch. And, again, I don't want to bore my colleagues; I know we're all busy, we're getting close to the end of session. But this is a matter going from not only federal Judge Savage to the Park Service, to Homeland Security, to the 13 6/9/10 STREETS & SERVICES - RES. 100451 Interior Secretary, to Congressman Brady, to other federal judges, to the Mayor. And I'm sure I'm leaving a few other people out. It's been going on for three years, and I wanted to have a public hearing to get to the heart of what this request is. S. Marshal not to renew the customer utilization authorization, which allows for the staging area, the queuing area, if you will, for the customers to use the sidewalk at Sixth Street to board these amphibious vehicles. I think I gave pretty much of a pretty accurate overview. I will ask Mr. Abernathy to come up. And since he was the guy who was on the ground, if you will, when he was my legislative assistant, working with all of the city and federal and state agencies to create 14 6/9/10 STREETS & SERVICES - RES. 100451 the plan, the pattern that we have that is in and around the mall area today. What we see out there now is all a result of that have legislation. So Mr. Abernathy, if you'll identify yourself for the record, please, and just give us a broad overview and fill in the blanks, if you will, of what I may have left out. )
Thank you. And good afternoon, Councilman DiCicco and members of the committee. My name is Brian Abernathy, and I'm here to testify on Resolution 100451. I'm here as Councilman DiCicco's former staff member in order to provide some historical context to this issue. The Councilman had requested that I attend, and my testimony does not reflect the position of the Nutter Administration. Within two months of joining 15 6/9/10 STREETS & SERVICES - RES. 100451 Councilman DiCicco's office in 2004, I was asked to join a working group to deal with various tour bus concerns. This group was chaired by the Managing Director's Office and included the Streets Department, the Police Department, the Parking Authority, the National Park Service, the Constitution Center, the Independence Visitors Center, the Greater Philadelphia Tourism and Marketing Corporation, former Senator Fumo's office, former Representative Lederer's office, the Old City District, the Old City Civic Association, Tops (which is a national coalition of tour operator) and each local tour operator. Some of this group's concerns involved the advent of the Constitution Center, the Independence Visitors Center, and the increase in organized tour groups such as schools and out-of-town bus groups. However, it became apparent that local tour operators' business 16 6/9/10 STREETS & SERVICES - RES. 100451 practices were a significant concern for the group and the neighboring businesses. At the time, four operators were working independently around the mall: the Trolley Work, Ride the Ducks, The Big Bus Company, and Super Ducks. At one point, the Trolley Works also began a third amphibious tour, the Land Sharks. Each company operated with ad hoc loading zones, and few rules existed to regulate the companies. Local businesses complained about lines of tourists blocking their entrance, some vehicles remained parked on the street 24/7, tourists complained about aggressive solicitations, and some safety concerns were raised. With plans in the works for the Liberty Bell Pavilion and the National Museum of American and Jewish History, the situation was expected to get worse. Councilman DiCicco, with the support of the Managing Director, set out to regulate the industry and organize the 17 6/9/10 STREETS & SERVICES - RES. 100451 tour vehicles' configuration. A number of factors went into this effort. Our primary goal was to eliminate all motorized tour vehicles south of Market Street. Because of the congestion that already existed in the area, the location of horse carriages, and the historical importance of both the Liberty Bell and Independence Hall, most felt that it was inappropriate to stage tours in this area. Traffic volume on Market Street eliminated both sides of Market as an option. Entrances and exits for the PPA garage beneath the Visitors Center needed appropriate clearances and limited the area for safe staging. Finally, areas adjacent to the Quaker Meeting House, the Christ Church burial ground, and Mikveh Israel, all located on Fifth Street between Market and Arch Streets, were not considered for historical or cultural considerations. After nearly two years of 18 6/9/10 STREETS & SERVICES - RES. 100451 debate and discussion, the current configuration was decided. This layout, along with licenses, permits, and safety requirements were all embodied in Bill 6 No. 050862-A, passed by Council in December of 2005 and signed into law by Mayor Street in January of 2006. In addition to the licenses and permits required by the City, operators adjacent to the land operated by the National Park Service must also receive an NPS permit. Until recently, and to my knowledge, but for initial concerns with an operator that no longer exists, there have been no problems obtaining those permits and no violations of the conditions of those permits.
Business terms were also agreed upon by the operators and the Independence Visitors Center for the sale of tickets; I do not have specific knowledge of the terms of those agreements. In conclusion, while the 19 6/9/10 STREETS & SERVICES - RES. 100451 current law and parking arrangement has not been without its critics or without its problems, today's tourist experience around the mall has improved over what it was five years ago. Operators are safe, well-trained, and professional. The mall is orderly, and the surrounding businesses and institutions are not negatively impacted. The operators themselves have been more successful than they initially suspected. Working with each stakeholder, we were able to balance a number of needs that protected an important industry, while improving the fabric of historic Philadelphia. This concludes my testimony, and I'm happy to answer your questions. COUNCILMAN DiCICCO: Thank you, Mr. Abernathy, for your testimony and filling in some of the blanks. I know I left out a number of people who were also involved in the crafting or drafting of 20 6/9/10 STREETS & SERVICES - RES. 100451 the original legislation. Thank you. The next witness? While Mr. McGonagle is going to call up the next witness, I do want to bring to the attention of my colleagues, in your packets, you will see some correspondence that has been going back and forth either between my office and the Park Service and others who are involved in this going back at least until August of last year. But I would like to bring your attention to the more recent letter that was sent to -- just give me a second; I have more letters here than I'd like to have. That was sent to Cynthia McCloud, Superintendent of the Independence National Historical Park Service from federal judge Theodore McKee, in which he references that there's been apparently some growing support on behalf of the Administration and others. 21 6/9/10 STREETS & SERVICES - RES. 100451 And I'll be more specific. In his letter, you'll see in the second paragraph, after he thanks Miss McCloud for acknowledging his letter, he says since the time that he and Judge Savage and others have met with the Administration that Congressman Brady has expressed his strong feeling that the current CUAs should not be renewed. And himself, former Chief Judge Sirica, Chief Judge Bartle could not agree more. And then he claimed -- in his letter, he says that he informed the Mayor's chief of staff directly that the CUAs would not be removed when they expire in July. But I just wanted, for the record, to clarify what I think is a misrepresentation of Congressman's Brady's expression of strong feelings about not renewing the CUA. Congressman Brady -- I have a copy of a letter that Congressman Brady sent to the Secretary of the Interior Salazar back in January 22 6/9/10 STREETS & SERVICES - RES. 100451 7, 2010. He says, "I'm writing to make you aware of an unresolved parking and possible security situation in my Congressional district. The sidewalk in question is controlled by the National Park Service, a division within the Department of the Interior. "A federal judge, Timothy Savage, has notified me that there is an ongoing dispute involving the tourist business Ride the Ducks, amphibious vehicles being able to park adjacent to the federal courthouse on Sixth Street in Philadelphia. S. Marshal made them aware of at least one instance of a possible security threat being somehow linked to one of the Ducks' vehicles. He hopes that because the area is a popular and historic tourist attraction, the local vendors oppose parking the Ducks and vehicles in an alternative location. 23 6/9/10 STREETS & SERVICES - RES. " I seem to think that's a far cry from strong feelings about not renewing the CUAs. And also, in this letter, he also says that he has met with John Estee, who's the Chair of the Visitors Center Board, and he has shared with Mr. Estee a copy of the blast study that had been conducted with him.
And that he understood our position -- he, meaning Estee -- understood the judge's position and seeing the -- reconciled to the CUAs, not being renewed. He also offers his assistance moving forward if problems persist. I spoke to Mr. Estee about noon today. He said that is not how his conversation went. It's basically a mischaracterization. He said that he 24 6/9/10 STREETS & SERVICES - RES. 100451 thought there were serious problems, that we should at least have a discussion on it. So I just wanted to point that out for the record. Next witness, please?
The next witness will be Jim Corrado. COUNCILMAN DiCICCO: As Mr. Corrado's approaching, as I said to my colleagues, there are numerous letters that have been going back and forth from various judges, Secretary Janet Napolitano who's in the Department of Homeland Security, and others involved with either Homeland Security or the U.S. Marshal's Office since at least August of 2009. Thank you. (Witness comes forward.) COUNCILMAN DiCICCO: Mr. Corrado?
Thank you, Mr. Chair. Good afternoon, Mr. Chairman 25 6/9/10 STREETS & SERVICES - RES. 100451 and members of the Streets and Services Committee. My name is James Corrado, and I am President and CEO of the Independence Visitor Center Corporation. The Visitors Center Corporation operates and manages the Independence Visitors Center at Sixth and Market Streets. Our mission is to serve as a gateway, the first stop, for visitors to the Greater Philadelphia region. We provide information, brochures, personalized trip planning by the region's best concierge staff, snacks and beverages, and Philadelphia's premier gift shop. Since opening in 2001, over 17 million visitors have passed through our doors. 7 million people in 2009. I am here today to comment on the presence of the amphibious tour vehicles, known as "The Ducks," at their Sixth Street boarding directly alongside 6/9/10 STREETS & SERVICES - RES. 100451 our building. Since their inception in Philadelphia, in 2006, Ride the Ducks has been one of Philadelphia's top tourist attractions. There are literally thousands of families who happily take the Duck tour each year to see our great city and splash into the Delaware River. We are inundated with requests from people who come to the Visitors Center, asking about Ride the Ducks. " As you know, the current loading situation was the result of persistent and diligent work by the parties that you identified in your opening statement, Mr. Chairman, and that Mr. Abernathy touched on as well. This situation works perfectly. In your opening remarks and in Mr. Abernathy 's statement, he -- both you and he alluded to the fact that the system works very well. 27 6/9/10 STREETS & SERVICES - RES. 100451 I would take it a step further and tell you that I am hard-pressed to think of a better way that all of these different interests could be served, and I include in those interests all of the visitors that we get in the Philadelphia area. You, Mr. Chair, the other parties involved, and Mr. Abernathy did an outstanding job. Our visitors find it convenient, and the ease of boarding has helped to make the Ducks one of our most popular attractions. Any effort to relocate the Ducks to another location is nothing short of a slap in the face to the hospitality and tourism industry in the City. So despite the National Park Service's very unfortunate decision to terminate the commercial-use authorization for Ride the Ducks, I am hopeful that they can and will continue to operate in their current location. Reviewing the previous two years-plus efforts of the federal courts 28 6/9/10 STREETS & SERVICES - RES. 100451 to eliminate the Ducks from Sixth Street, and being very sensitive to the safety and security needs of the visiting public and our employees, I have concluded that there exists no merit in terms of security-enhancement benefits to the removal of these vehicles. The fact that two prior security assessments -- one by The Department of Homeland Security and another by the Philadelphia Police Homeland Security Office of Domestic Preparedness -- failed to include the Ducks carries great weight in reaching this conclusion. In surveying the positions and opinions from dozens of my fellow stakeholders in the hospitality and tourism industry, I know that I am not alone in this position. In fact, quite the contrary. There is a feeling of outrage from my colleagues that this issue has once again surfaced in the face of many prior meetings, discussions, and 29 6/9/10 STREETS & SERVICES - RES. 100451 agreements made to assuage the security concerns of those within the federal courthouse. It has been suggested that the Ducks should relocate to Fifth Street for boarding and unloading. It is this scenario that truly presents a dangerous situation.
With the left-turn traffic off of Market Street and traffic going to the Benjamin Franklin Bridge adding to the vehicular traffic flow, families with children would be forced to board on a much more heavily traveled and potentially dangerous street. This doesn't take into account the added inconvenience to our visitors In short, this solution makes no sense. Again, I would reiterate, the current situation was developed carefully and thoughtfully, and it is working perfectly. I strongly encourage you, Mr. Chairman, and the members of Council 30 6/9/10 STREETS & SERVICES - RES. 100451 to support us in keeping Ride the Ducks viable by maintaining the status quo. Thank you. COUNCILMAN DiCICCO: Thank you, Mr. Corrado. Councilman Greenlee.
Thank you, Mr. Chairman. Mr. Corrado, the Chairman may have said this and I may have missed it. Has The Department of Homeland Security ever raised any concerns about this, to the best of your knowledge?
We have a copy of a study that they did that did not raise that as a security issue. I have been in my present position, Councilman, for about eight months, so I can't speak with firsthand knowledge to any meetings that occurred prior to my coming on. But we do have a copy of a study that was done by Homeland Security that does not raise the Ducks as an 31 6/9/10 STREETS & SERVICES - RES. 100451 issue.
In 2007, Councilman. COUNCILMAN DiCICCO: Mr. Friel, will you be testifying? Could you answer that question for the record? Are you familiar with the question that was asked on the Homeland Security? Actually, I knew you were, but I need to ask that. (Witness comes forward.) COUNCILMAN DiCICCO: So if you could identify yourself for the record and maybe you can answer Councilman Greenlee's question.
My name is Francis Friel. I'm the Director of Security at the Independence Visitors Center Corporation. And going back into 2007, as part of my security responsibilities, I went the first to the Philadelphia Police Department and asked them to perform an 32 6/9/10 STREETS & SERVICES - RES. 100451 objective overall study of the risk assessment inherent in the Independence Visitors Center. And as a result of an exhaustive security assessment, they did not mention the Ducks at all as part of a security threat. And as part of the larger law enforcement community, I had the pleasure of meeting the coordinator of the Department of Homeland Security, the federal Homeland Security, William Ryan, and also his colleague John Guest, and they also suggest that a wider security assessment of the entire historical park in regard to specific dangers that we may face to include any terrorist attack. At the conclusion of that assessment by the Department of Homeland Security, there was no mention of the Ducks being a specific threat to any portion of the Independence National Historical Park.
Thank you. 33 6/9/10 STREETS & SERVICES - RES. 100451 COUNCILMAN DiCICCO: Now, while you're up there, Mr. Friel, in that report, I think it talked about blast zones; it was more specific in general. Is that an accurate --
There was no 8 specific reference to blast zones. There was a prior report that was submitted to the federal courthouse that Judge Savage shared with us in regard to blast zone distances and certain weights of proposed bombs. They did mention that a 4,000-pound blast zone would be about 1400 feet, completely surrounding the federal courthouse. And in the context of that proposal, there was a request by the agency who committed the assessment to sell to the federal courthouse protective shield glass that would reduce the blast zone to 750 feet. But even at 750 feet, it would take a blast zone all the way down to the 34 6/9/10 STREETS & SERVICES - RES. 100451 east side of Fifth Street, below Vine and south of Chestnut Streets, so it's quite a rather large-encompassing blast zone. COUNCILMAN DiCICCO: Again, while you're here, I want to take advantage of the opportunity and ask you some questions as it relates to the Visitors Center. And as was testified by Mr. Abernathy, a lot of this had to do with obviously the safety issues and organizing a much more safe environment for people to operate and enjoy all of the tourist attractions in the mall area. There was -- and correct me if I'm wrong. I believe there was also an agreement that had been made between the Ride the Ducks folks and the Visitors Center as it relates to the sale of tickets for patrons on Ride the Ducks, in which a portion of that revenue on ticket sales within the center go towards the revenue stream to support the operation of the Visitors Center. 35 6/9/10 STREETS & SERVICES - RES. 100451 Could you speak to that a little bit?
That's correct. On an annual basis, speaking specifically for our last fiscal year, the Independence Visitors Center enjoyed a revenue stream of approximately $70,000. COUNCILMAN DiCICCO: Just by way of sales on the --
Just by way of those specific sales for Ride the Ducks. COUNCILMAN DiCICCO: And if memory serves me right, the last time we had a hearing on this a year or two ago and there was some discussion about relocating the Ducks to Fifth Street, in addition to some of the logistical problems that we expect we would encounter based on Mr. Corrado's testimony, we also believed that there would be a significant fall-off of revenue to the center itself; is that correct?
That was the 36 6/9/10 STREETS & SERVICES - RES. 100451 conclusion based upon the experts' recommendations; yes, sir. COUNCILMAN DiCICCO: All right, 'cause I'm going to ask some of the folks from the Ducks to come up as well.
They're present. COUNCILMAN DiCICCO: Are there any more questions? I thank both of you for coming. Mr. Friel, do you have anything to add at this moment?
No. 14 COUNCILMAN DiCICCO: Okay. I'll ask representatives for Ride the Ducks -- I know you don't have any prepared testimony, but I'd just like to get some stuff on the record. (Witnesses come forward.) COUNCILMAN DiCICCO: Good afternoon, gentlemen. I want to ask you just some questions so we can establish a record here. A number of employees that work currently for Ride the Ducks -- and 37 6/9/10 STREETS & SERVICES - RES. 100451 identify yourself for the record, please.
Good afternoon, Chairman. My name is Greg Blumenthal, General Manager for Ride the Ducks. Our employee number currently is 51. COUNCILMAN DiCICCO: Do you have any information you can share with us on the amount of taxes and/or wages that your employees contribute to the City of Philadelphia wage taxes, sales taxes, other things like that?
Over the last four years, in excess of -- in the range of roughly $150,000. COUNCILMAN DiCICCO: In wage taxes, sales taxes combined?
That's correct, yes. COUNCILMAN DiCICCO: All right. How many tourists use your -- how many people ride on the Ducks, generally?
200,000 and 38 6/9/10 STREETS & SERVICES - RES. 100451 onward, yes. COUNCILMAN DiCICCO: All right. You heard my question to Mr. Friel. Remember, again, if memory serves me right, I should say, at the time that the current staging areas were enacted, there was a concern, I believe, on Ride the Ducks, that sharing some of that revenue may have a negative impact on your business model. And if memory serves me right, I think you guys were maybe actually looking to go to another location that may not have required you to make any of those -- that sharing of revenue. Since that time, I'd just like a brief summary, a sentence or two. Is it working? Do you think it's working? Does it make sense to stay there? And has it had any negative impact on your business model?
Good afternoon. My name is Chris Herschend, President of Ride the Ducks. 39 6/9/10 STREETS & SERVICES - RES. 100451 I remember testifying before this committee on the subject of relocation in 2005, and we did have some concern about the disruption. Any change to a businessperson is always sort of concerning. We've been thrilled with the situation, the stability primarily, but also the quality of being associated with the Independence Visitors Center has been outstanding for our business. Just the facilities themselves, in addition to the location. COUNCILMAN DiCICCO: Could either of you just give us a little brief overview of issues that your company takes in regards to security, general security, not specific to terrorists utilizing one of your vehicles generally, 'cause we did have some meetings, and my colleagues, obviously, were not at those meetings we had at Paul Levy's office and in Judge Savage's chambers when the issue of security came. 40 6/9/10 STREETS & SERVICES - RES. 100451 So up could you, just for the record, give us a little overview of what your procedures are?
Yeah, I can speak directly to -- safety is priority number one for our business. There are few things we start with on a personnel level. All -- every employee new hire, rehire is background- checked and also to meet the federal regulation under Coast Guard law. The CFR I don't recall. But all of our employees that are Coast Guard-certified carry a (indiscernible) card, which is issued by the TSA. In addition to that, once we then go back -- on an operational level, every single day, our vehicles are signed off on by the licensed drivers twice a day and a mechanic that are all empowered to pull a vehicle down if there's anything wrong with it. So they're extensively looked at. They're crawled in, under, on, and around three times a 41 6/9/10 STREETS & SERVICES - RES. 100451 day by trained personnel. Does that satisfy your question, sir? COUNCILMAN DiCICCO: Yeah. I guess what I was getting at is, I think at one of those meetings, I may have raised the issue about, is there any interaction between your business and the security personnel in the federal courthouse? Did we not have that discussion at that time? I thought we did.
I recall discussing different alternatives for ways to address any security concerns and the possibility of security assessments made by their personnel or Independent or the City or the IVC was raised, and I recall sharing then, before, and since that we're more than willing to look at any -- any -- we're not security experts so I wouldn't presume to know precisely what the methodology would be. But any reasonable way to 42 6/9/10 STREETS & SERVICES - RES. 100451 assuage concerns about the vehicles themselves, I think there are a number of actions that can be taken. And we've consistently said we're open to that. COUNCILMAN DiCICCO: I'll get back to that. Tell me about your vehicles, where they're stored overnight, how they're stored, is there security there types of things you do.
Yeah. All 13 vehicles are stored in gated lot at 1390 14 Schuylkill Avenue, which is also the 15 facility that holds the Big Bus and Trolley Works vehicles, which are of similar size. There is security -- there are security cameras there. And a significant number of our vehicles are actually stored in the building, which gets locked at night. COUNCILMAN DiCICCO: So in the morning, when you open up for business at your garage facility, warehouse facility, 43 6/9/10 STREETS & SERVICES - RES. 100451 walk me through briefly what the steps are from that time with the inspection of the vehicle, obviously; operators, what they do, what's their route; and how do you monitor to make sure that no one is sneaking in another amphibious vehicle with explosives.
All of our vehicles are identifiable by their Fishing Boat Commission-issued numbers, which are on the bough of the boat, in addition to all the life jackets are as well labeled by the Duck number. And the Duck is itself labeled by the Duck number. There's also license plates issued by the DOT -- or I mean PennDOT. And from that point, the employee, the licensed employee, will use the pre-trip inspection form that's required prior to taking a vehicle out, which requires them to lift the floorboards of the vehicle, inspect the specific components in there that are in that area underneath the floorboards to 44 6/9/10 STREETS & SERVICES - RES. 100451 make sure that they're working appropriately. And these are things that pertain to hull integrity and, therefore, the safety of the guests and the employees. They also must go underneath the vehicle with a creeper and inspect several areas again regarding hull integrity and the vehicle integrity both from a land-based vehicle in addition to it being a boat. At that point in time -- again, just to reiterate -- if there's anything found out of the ordinary or some system is not working appropriately, all of the alarms, sensors and so one, they have the right to not to take that boat out. And we work diligently for that not to happen, but they have the right to do that. So that occurs. It gets turned in. If they have any issues at all, we put them on a different vehicle, or we 45 6/9/10 STREETS & SERVICES - RES. 100451 fix the issue at hand and they go back out. Now, what they do then is, they will drive directly from our 1390 location on the Vine Street Expressway and go to Sixth Street where our approved -- to what our operating zone is and our route, at the east side of Sixth Street. COUNCILMAN DiCICCO: So your employee, or the personnel, that you have at the staging area on Sixth Street, they're familiar with the driver or drivers? They would know if it was someone who was not the authorized driver of that vehicle?
That is correct. In fact, last year we had a 92 percent return rate; and this year, we have a hundred percent return rate. We did not hire a single personnel. Many of our staff tenure of six and seven years; specifically the captains that drive the 46 6/9/10 STREETS & SERVICES - RES. 100451 boats. COUNCILMAN DiCICCO: I want to go back to my questions on the security 'cause I'm just kind of trying to remember these things from the various discussions we've had. And I think I was the one who raised the question to Judge Savage at the meeting we had at the Center City Service District, who, when he came in, the judge came in with some security guard personnel along with the canine dogs.
Mm-hmm. COUNCILMAN DiCICCO: And I think I had asked that, would it be feasible, both on the part of the Ducks and the security personnel from the federal courthouse, that the security guys would walk over periodically to the vehicles. And they're trained to sniff out explosives; would that pose a problem? And correct me if I'm wrong but 47 6/9/10 STREETS & SERVICES - RES. 100451 I don't think you guys saw any problem with that?
In concept, there's absolutely no problem with it whatsoever. The risk is -- in any process, there's business interruption or the reasonableness of the inspecting party. So presuming that could be worked out, which I have every reason to believe it would be, it would be no problem at all. COUNCILMAN DiCICCO: You would be amenable to that? Okay.
Of course. COUNCILMAN DiCICCO: I'm starting to run out of questions, actually, unless we set up some sort of monitor for every vehicle that travels south on Sixth Street and check every one of them out, I don't see how else we can do anything more than you've already been doing, and will continue to do. Any other questions? (No further questions.) 48 6/9/10 STREETS & SERVICES - RES. 100451 COUNCILMAN DiCICCO: Thank you.
Thank you, Councilman. COUNCILMAN DiCICCO: Is there anyone else here who wishes to testify on this matter?
Mr. John Barry. COUNCILMAN DiCICCO: Is there anyone here from the federal courts, Homeland Security, federal marshals who wish to have? (No response.) COUNCILMAN DiCICCO: No? (Witness comes forward.)
I have copies if you'd like them. COUNCILMAN DiCICCO: Yes, please.
Good afternoon, Honorable Councilmen and Councilwomen. I am Jonathan Barry, President of the Constitutional Walking Tour of Philadelphia. I want to thank Councilman 49 6/9/10 STREETS & SERVICES - RES. 100451 Frank DiCicco for his public service. I also want to thank all of the members of City Council's Committee on Streets and Services for giving me the opportunity to testify before you today. This summer marks the fifth summer whereby tour passenger loading zones around the Independence Visitor Center have been governed by Section 1, Title 9, Chapter 9-400, Carriers, of the Philadelphia Code, Regulation of Businesses, Trades, and professions, as amended on January 24, 2006. As such, this presents a valuable opportunity to evaluate the present conditions and impact of the tour passenger loading zones in historic Philadelphia. Today, there are six tour passenger loading zones in the area around the Independence Visitors Center at Sixth and Market Street bounded on the west by the west curbline Sixth Street; on the north by the south curbline of 50 6/9/10 STREETS & SERVICES - RES. 100451 Arch; on the east by the east curbline of Fifth; and on the south by the north curbline of Market. Of the six tour passenger loading zones, Ride the Ducks owns four of the six tour passenger loading zones under the names Ride the Ducks, Philly Ducks, Penn Ducks, River Ducks. Ride the Ducks, Penn Ducks, and Philly Ducks currently operate on Sixth Street, and River Ducks operates on Fifth Street. The remaining two tour passenger loading zones are owned by 76 Carriage Company, doing business as Philadelphia Trolley Works and the Big Bus Company. For all intents and purposes, two companies monopolize the six tour passenger loading zones around the Independence Visitors Center for their motorized tours. When the tour passenger loading zones were being developed, Richard Dixon, with the Philadelphia Parking 51 6/9/10 STREETS & SERVICES - RES. " Today, for example, as a result of the policies in place, there is not even one passenger vehicle loading zone anywhere around the Independence Visitors Center, which is bounded by Market and Arch and Fifth and Sixth. Specifically in approximately the fall of 2007, the last remaining passenger vehicle loading zone outside of the Independence Visitors Center was given to Ride the Ducks for it to use as a tour passenger loading zone. For example, as a father, I would not be able to drop off my wife and daughter anywhere adjacent to the Independence Visitors Center. The closest legal and safe passenger vehicle 52 6/9/10 STREETS & SERVICES - RES. 100451 loading zone is on the west side of Sixth Street between Market and Chestnut, in front of Dow Chemical. That makes for placing the interests of a private business over providing a positive and safe visitor experience. Additionally, during peak season, from April through October, Ride the Ducks operations on the east side of Sixth Street between Market and Arch consistently block the public right-of-way on the sidewalk and also block the Sixth Street side entrance to the Independence Visitors Center where Penn Ducks tour passenger loading zone is directly located in front of that entrance. On any given day, the right-of-way is obstructed by so many Ride the Ducks customers, tour staff, photography concessions, and supplies; as such, it makes it practically impossible for pedestrians to safely walk on the Sixth Street sidewalk. 53 6/9/10 STREETS & SERVICES - RES. 100451 Ride the Ducks has, unfortunately, violated many City codes and regulations pertaining to parking and no-parking areas, parking unauthorized vehicles in its tour passenger loading zone, causing traffic congestion, idling next to the Liberty Bell and Independence Hall at the corner of Sixth and Chestnut Streets, blocking the right-of-way, et cetera. Also, in peak season, Philadelphia Trolley Works regularly uses the front of the Bourse Building as a tour passenger loading zone.
In fact, Trolley Works markets itself "A Haunted Trolley Tour" that departs from in front of the Bourse. On July 2, 2008, when Brian Abernathy, from Councilman DiCicco's office, was informed about Trolley Works new tour passenger loading zone in front of the Bourse, Mr. Abernathy wrote: "It does violate the code, and I've reported it appropriately. 54 6/9/10 STREETS & SERVICES - RES. 100451 While we appreciated that, unfortunately, for the last several years, we have reported various problems -- see Exhibit A attached hereto -- to the City of Philadelphia, including to the Mayor, the Office of the Managing Director, the Streets Department, and City Council. Unfortunately, the problem have persisted in; and, in fact, persist today in spite of numerous written follow-ups to the City of Philadelphia regarding enforcement of various provisions the Philadelphia Code governing tour passenger loading zones. For the reasons outlined herein, I support moving all of Ride the Ducks tour passenger loading zones from Sixth Street; and moreover, I respectfully request an independent evaluation and review of the tour passenger loading zones to ensure the full and complete compliance of the permit and license holders with the 55 6/9/10 STREETS & SERVICES - RES. 100451 Philadelphia Code. I thank you for your time and consideration. COUNCILMAN DiCICCO: Thank you, Mr. Barry, for your testimony. I will take a little bit more time to review what your concerns are and get back to you --
Fair enough. COUNCILMAN DiCICCO: -- in very short order. Thank you.
Thank you. COUNCILMAN DiCICCO: Is there anyone else here who wishes to testify for? in favor? Councilman Greenlee.
Yeah. Thank you, Mr. Chairman. I was just wondering if anybody could address -- I know in the packet that was given out, there was some reference to a United States Marshal Service survey, a security survey. Does anybody know -- would anybody know 56 6/9/10 STREETS & SERVICES - RES. 100451 anything about that? COUNCILMAN DiCICCO: No. Maybe I'll just read the letter that was sent to Dennis Reddenbach, who's the Northeast Regional Director for the Park Service. He was the superintendent of our National Park Service here. It's dated May 10th. It says: "Dennis, as you are aware, the U.S. Marshal Service has recently conducted a security assessment of the federal courthouse complex. The results of our security assessment have been shared with the United States District Court and the Third Circuit Court of Appeals. "Both chief justices and I agree that when it comes to our perimeter security, we have one main area of concern. This concern is on our Sixth Street perimeter. Without getting into specifics here, our assessments give us more concern for this side of our facility than any other side, as we 57 6/9/10 STREETS & SERVICES - RES. 100451 discussed in our face-to-face meeting. "I ask that. On behalf of the U.S. Marshal Services and the tenants of the federal courthouse, you not renew the commercial use authorization or permit for the vendors that currently use your Sixth Street sidewalk. "The vehicles which service your facility that must stop on Sixth Street can be co-coordinated with my office so that our security personnel can be alert to these deliveries" -- meaning people who deliver stuff to the center but not related to the Ducks. "We will coordinate with the City of Philadelphia and the Parking Authority as well to ask that they enforce the no-parking status along this block. "I thank you for your cooperation." I really don't know what it means, but I just read it into the record because it was sent to Mr. Reddenbach. 58 6/9/10 STREETS & SERVICES - RES. 100451
Thank you. COUNCILMAN DiCICCO: There being no further testimony, I thank you all for taking the time to be here. I thank my colleagues for bearing with us again on this same matter. And this concludes the public hearing on the Committee of Streets and Services, and I will recess to the call of the Chair, if needed. Thank you. thank you all. There's a gentleman here who's from the U.S. Marshals Office, correct? He just informed me that there was a letter that was submitted to, I believe, the Chief Clerk's Office. I did not have a copy of that; it was submitted somewhere around 1:45 this afternoon. So I actually have it in my hand. This is the first time I'm getting a chance to see it. I will make copies available to all of you. So if you either want to wait around or we'll send 59 6/9/10 STREETS & SERVICES - RES. 100451 it to you. I don't know what's in it. I haven't had a chance to read it, okay? Thank you. (Proceedings end at 3:08 p.m.) * * * 60 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 Streets and Services are contained fully and accurately in the stenographic notes taken by me on Wednesday, June 9, 2010, 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.)