CITY COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING BEFORE COMMITTEE ON LICENSES AND INSPECTIONS - - - Room 400, City Hall, Philadelphia, Pennsylvania Tuesday. May 12, 1998, 10:18 a.m. - - - BILL 960517 - Prohibiting sidewalk sales on Northeast Boulevard, both sides, from Red Lion Road to Woodhaven Road. BILL 970550 - Prohibiting sidewalk sales at 100 block of W. York, 1800 block of E. York, 2300 block of N. Jasper, 100 block of W. Dauphin, 2300 block of N. Hope, 2400 block of N. Front; on Kensington Ave., from York St. to Lehigh Ave. BILL 970551 - Designating 2300 block of North Front as a neighborhood business district. BILL 970675 - Creating an additional designated neighborhood vending district. BILL 970676 - Prohibiting sidewalk sales in area bounded by Washington Ave., 12th St., Oregon Ave., 17th St. BILL 970695 - Extending ban on vending on Chestnut Street to Front Street. BILL 980163 - Prohibiting sidewalk sales Frankford Ave., both sides, Wakeling St. to Bridge St. BILL 980164 - Prohibiting sidewalk sales on both sides of Torresdale, Harbison to Cheltenham. RES. 980153 - Conduct hearings on encroachment of wholesale merchandising in C2 areas. COUNCILMAN J. KENNEY, Chair COUNCILMAN M. NUTTER COUNCILWOMAN J. KRAJEWSKI COUNCILWOMAN M. TASCO COUNCILWOMAN A.C. VERNA COUNCILMAN F. DICICCO COUNCILWOMAN D. MILLER COUNCILMAN F. RIZZO - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 (215) 561-2220 2 I N D E X BILL 960517 John P. Campbell, Manager. . . . . . . . . . . Legislative Regulatory Affairs Manager, L&I BILL 970550 John P. Campbell, Manager. . . . . . . . . . . 5 Legislative Regulatory Affairs Manager, L&I 6 Rudy Paliaga, Chief. . . . . . . . . . . . . . Business Regulatory Enforcement, L&I BILL 970551 John P. Campbell, Manager. . . . . . . . . . . 7 8 Legislative Regulatory Affairs Manager, L&I Rudy Paliaga, Chief. . . . . . . . . . . . . . Business Regulatory Enforcement, L&I BILL 970675 John P. Campbell, Manager. . . . . . . . . . . 10 Legislative Regulatory Affairs Manager, L&I 11 Rudy Paliaga, Chief. . . . . . . . . . . . . . Business Regulatory Enforcement, L&I BILL 970676 John P. Campbell, Manager. . . . . . . . . . . 13 Legislative Regulatory Affairs Manager, L&I Rudy Paliaga, Chief. . . . . . . . . . . . . . 13 14 Business Regulatory Enforcement, L&I BILL 970695 15 Rudy Paliaga, Chief. . . . . . . . . . . . . . 17 Business Regulatory Enforcement, L&I BILL 980163 John P. Campbell, Manager. . . . . . . . . . . 17 Legislative Regulatory Affairs Manager, L&I BILL 980164 18 John P. Campbell, Manager. . . . . . . . . . . Legislative Regulatory Affairs Manager, L&I 19 Frank Bempong, Private Citizen . . . . . . . . 21 RES. 980153 Robert McGowan, 61st Ward Democratic Leader. . 37 Olney Section of Philadelphia Linda Sistrunk, Committee Person 42nd Ward . . 41 Olney Section of Philadelphia Lorraine Little Chairperson. . . . . . . . . . 42 Olney Neighbors for Change Jack Connaire, President . . . . . . . . . . . 44 Greater Olney Community Council Mary Hoffman, Treasurer. . . . . . . . . . . . 47 Olney Neighbors for Change - - - 3 COMM. ON LICENSES & INSPECTIONS - BILL 960517 P R O C E E D I N G S
Ladies and gentlemen, a quorum is present for the public hearing before the Committee on Licenses and Inspections, so we'll proceed with the meeting.
The first bill 8 consideration is Bill No. 960517, which is an ordinance amending section 9-205 of The Philadelphia Code, entitled "Sidewalk Sales," by prohibiting sidewalk sales on Northeast Boulevard, both sides, from Red Lion Road to Woodhaven Road. Good morning. Please identify yourself for the record and proceed with your testimony.
And Members of the Committee. I'm John P. Campbell, Legislative Regulatory Affairs Manager for the Department of Licenses and Inspections. At my right is Rudy Paliaga, Chief of Business Regulatory Enforcement, Licenses and Inspections. And we're here today to testify on the provisions of Bill No. 960517 which, if adopted, 4 COMM. ON LICENSES & INSPECTIONS - BILL 960517 will prohibit vending and sidewalk sales along Northeast Boulevard from Red Lion Road to Woodhaven. Our technical staff and our operations staff have reviewed this bill, and we have no 7 problems with its enactment. And if Council so deems, we will enforce its provisions of the bill.
Thank you very much for your testimony on the bill. Mr. Paliaga, do you have anything to add?
Thank you. Does anyone have questions for these witnesses? (No questions.)
Seeing none, is there anyone in the audience who would like to testify on Bill No. 960517 dealing with Northeast Boulevard from Red Lion Road to Woodhaven Road? (No response.)
Seeing none, we will now proceed to Bill No. 970550, which is an ordinance amending Section 9-205 of The Philadelphia Code, entitled "Sidewalk Sales," by 5 COMM. ON LICENSES & INSPECTIONS - BILL 960550 prohibiting sidewalk sales (except for certain sidewalk sales by business owners in front of their own business properties) at the following locations: the 100 block of West York Street; the 1800 block of East York Street; the 2300 block of North Jasper Street; the 100 block of West Dauphin Street; the 2300 block of North Hope Street; the 2400 block of North Front Street; and on Kensington Avenue, from York Street to Lehigh Avenue; all under certain terms and conditions. Please identify yourself for the record.
Again, Mr. Chairman, I'm John P. Campbell, Legislative Regulatory Affairs Manager. At my right again is Rudolph Paliaga, Chief of Business Regulatory Enforcement. On this bill, the Department has no 19 objections to its enforcement and will enforce the provisions if Council so deems so deems. I might add that this bill is similar to a number of bills that have been passed which prohibit vending and sidewalk sales but also protect the right of the store owner to place goods immediately in front of his business to 6 COMM. ON LICENSES & INSPECTIONS - BILL 960550 complete transactions.
Would you do me a favor also. When you request -- I assume that everything is being requested with a suspension of the rules unless you tell me otherwise.
So then for Bill 10 No. 960517, a suspension of the rules is requested?
This particular area has been a source of numerous complaints to our business compliance unit, so the enactment of this 7 COMM. ON LICENSES & INSPECTIONS - BILL 960551 ordinance would enhance our enforcement ability at this location -- or these locations.
Thank you very much. Are there any questions for these witnesses? (No questions.)
Is there anyone in the room to testify on this bill, 970550? (No response.)
Seeing none, we'll move on to Bill No. 970551, which is an ordinance 14 amending Section 9-206 of The Philadelphia Code, entitled "Sidewalk Vendors in Neighborhood Business Districts," by designating the 2300 block of North Front Street as a neighborhood business district within which sidewalk sales are subject to the provisions of Section 9-206, and by specifying permitted vendor sites within that district, all under certain terms and conditions. And please identify yourself for the record.
Again, John P. Campbell, Legislative Regulatory Affairs Manager. Rudolph 8 COMM. ON LICENSES & INSPECTIONS - BILL 960551 Paliaga, Business Regulatory Affairs Manager -- Enforcement Manager, excuse me. This particular bill would create a special vending district in the neighborhood. This is legislation that the Department developed with City Council to deal with those unique problems that arise -- vending problems and business problems that arise in the neighborhood vending and neighborhood commercial strips. Again, we already have two areas along Germantown and Chelten. And the second area that Council just passed is the University of Penn vending district. This will become the third such neighborhood vending district. We have no objection to its adoption. In fact, we support the adoption of this legislation.
Rudolph Paliaga. As indicated previously, this would enhance our enforcement activities in this area. We get -- actually receive very little complaints 9 COMM. ON LICENSES & INSPECTIONS - BILL 960551 in the Germantown area and the Center City area and, hopefully, now at the University City area as a result of people that have designated -- vendors that have designated locations enhances. It enhances our enforcement ability.
And may I add for the record that it has been my experience with bills that we've dealt with here in the past that are similar that it enhances the opportunities for the vendor to have a better vending area, a cleaner, more orderly, and more conducive to business as opposed to chaotic nature of unregulated business strip in neighborhood vending areas. So I concur with your testimony. Are there any questions for these witnesses on this bill? (No questions.)
Is there anyone in the audience testify on Bill No. 970551. (No response.)
Seeing none. Bill No. 970675, an ordinance amending Chapter 9-200 of The Philadelphia Code, entitled 10 COMM. ON LICENSES & INSPECTIONS - BILL 960675 "Commercial Activities on Streets," by amending Section 9-206 entitled "Sidewalk Vendors in Neighborhood Business Districts," by creating an additional designated neighborhood vending district. Mr. Campbell.
Again, John P. Campbell, Legislative Regulatory Affairs Manager. Again, the Broad and Snyder area is an ideal location for this neighborhood vending legislation. The business district legislation there has been a problem area for about ten years that I'm aware of.
At least. And over the years, Council -- various District Councilpeople have tried to wrestle with the problem. There have been a number of bills introduced at various times to ban vending in the area. We have worked with Councilman DiCicco, the Councilman in the 1st District, to come up with a vending scheme that -- well, as you just previously mentioned in the other bill -- that will clean up the area, will be conducive both to 11 COMM. ON LICENSES & INSPECTIONS - BILL 960675 the businesses and to the vendors in that area and will really resolve a long-term problem. So we support the adoption of this bill 5 and will work with the vendors and the neighborhood businesses to implement the provisions of the bill. Rudy?
Councilman Kenney, Rudolph Paliaga. As you know, this particular area is an area that we've received numerous complaints over the past two years I've been in business enforcement.
By yourself and Councilman DiCicco and others, actually, including my wife, who drives by there quite frequently. And more recently, at the request of Councilman DiCicco, we did hand out to the vendors that are there now a public notice indicating that the area is going to be regulated. And as of this morning, I checked, and 95 percent of the vendors in this area are 12 COMM. ON LICENSES & INSPECTIONS - BILL 960675 properly licensed and are paying their taxes. And so it should be no surprise to those vendors there.
Oh, fine, good. And at this time, I'd like to recognize Councilman DiCicco who is now present. This is his bill, and I'd like to commend him for his tireless efforts in moving forward to clean up this very important intersection, which is actually a gateway to Philadelphia from South Jersey and from Delaware County. And, I can tell you, the condition of it from time to time is less than desirable. Councilman, would you like to make a statement? We'd be happy to hear it. This is 970675. Hold on. We'll move on. Is there anyone in the room to testify on this bill, 970675, which is Broad and Snyder basically? (No response.)
Okay. What I'd 13 COMM. ON LICENSES & INSPECTIONS - BILL 960676 like to do is -- Councilman DiCicco would like to have Mr. Campbell on the side to discuss one potential amendment, and we will move forward. Are you ready to testify on the other bills, Mr. Paliaga.
The next bill for consideration is Bill No. 970676, an ordinance 10 amending Chapter 9-205 of The Philadelphia Code, relating to sidewalk sales by adding a new provision prohibiting sidewalk sales in the area bounded by Washington Avenue on the north side, 12th Street on the east side, Oregon Avenue on the south side, and 17th Street on the west side. Mr. Paliaga, please identify yourself for the record and proceed.
Business licenses and inspections. Councilman Kenney, this particular ordinance actually enhances the Broad and Snyder area by prohibiting sidewalk sales in an area that actually overlaps Broad Street, as you can see by the locations. Over the past month, as we were handing 14 COMM. ON LICENSES & INSPECTIONS - BILL 960676 out notices to the vendors, we only noticed in these particular areas vendors that were 4 actively vending in that area. So any particular 5 changes will not affect a lot of people actually, 6 and there will be other locations that they can 7 move to vend to that are not prohibited. 8
And all those 9 vendors that you checked are licensed? 10
Yes, sir, we have. And 11 that's part of the 5 percent that we're working 12 on, and they really do want to come into compliance, and they've cooperated with us.
Fine. Are there any questions for Mr. Paliaga on this particular bill? (No response.)
Is there anyone in the audience that would like to testify on Bill 20 970676 dealing with the area of Washington Avenue, 12th Street, Oregon Avenue, 17th Street? The Chair recognizes Councilman DiCicco.
Thank you, Mr. Chairman. 15 COMM. ON LICENSES & INSPECTIONS - BILL 960676 I just had a brief conversation with Mr. Campbell, and I would like to offer an amendment.
I'd like to amend the bill to include -- or eliminate the northwest corner of 13th and Oregon, which means it would permit the vendor's who's been there for some 30-odd years to continue to operate at that location. The northwest corner of 13th and Oregon.
Mr. Campbell, you will mark the bill accordingly prior to submission to the Chief Clerk's office?
We have no objection for that amendment, and support the adoption of the bill. This bill, 970676, is complementary. There was actually a three-bill package. There was a 16 COMM. ON LICENSES & INSPECTIONS - BILL 960676 no-truck-parking, the Broad and Snyder vending, and 970676 prohibited vending. What we did not want to happen was once we got Broad and Snyder under control, we didn't want to create a situation where vendors would be flying to the surrounding blocks and we end up playing chase the vendor. But, you know, in this particular case, the gentleman's been there for 30 years. And, again, the Department has no objection.
Is there anyone else to testify on this bill, 970676, or its amendment? (No response.)
Seeing none, we'll now move to Bill No. 970695, an ordinance amending Title 9 of The Philadelphia Code of ordinances entitled "Regulation of Businesses, Trades and Provisions," by amending Subsection 9-204(8)(a) by extending the ban on vending on Chestnut Street to 17 COMM. ON LICENSES & INSPECTIONS - BILL 960695 Front Street. Mr. Paliaga, please identify yourself for the record and proceed with your testimony.
Rudy Paliaga, Business Enforcement, Licenses and Inspections. Bill 970695. The Department's technical staff reviewed provisions of this bill, which does extend the vending ban from Broad to Front Street. There's no objection to enactment of this bill if the Council so deems. It should be important to point out that no authorized vending locations will be eliminated if this bill is enacted.
Thank you very much. Are there any questions for these witnesses? (No questions.)
Is there anyone in the audience that would like to testify on Bill 25 No. 970695, which deals with vending bans, 18 COMM. ON LICENSES & INSPECTIONS - BILL 980163 extending them on Chestnut Street to Front Street? (No response.)
Seeing none, Bill 6 No. 980163, which is an ordinance amending Section 7 9-205 of The Philadelphia Code, entitled "Sidewalk Sales," by prohibiting sidewalk sales on Frankford Avenue, both sides, from Wakeling Street to Bridge Street. Thank you. Identify yourself for the record.
John P. Campbell, Legislative Regulatory Affairs Manager from the Department of Licenses and Inspections. Again, at my right is Rudy Paliaga, our Business Regulatory Enforcement Director. Again, the Department has no objection to the enforcement of the provisions of this bill 20 and will enforce its provisions if Council so deems. We recognize that Council regulates activities on the streets and on the sidewalks, and that legislation generally of this nature, especially in the areas where they're asking for 19 COMM. ON LICENSES & INSPECTIONS - BILL 980163 total prohibition, generally comes in as a result of complaints from businesses and from people in the neighborhood.
Does anybody have any questions for these witnesses? (No questions.)
Is there anyone in the room that would like to testify on Bill No. 14 980163, which deals with banning vending on Frankford Avenue from Wakeling to Bridge? (No response.)
Seeing none, the next bill is 980164, which is an ordinance 19 amending Section 9-205 of The Philadelphia Code, entitled "Sidewalk Sales," by prohibiting sidewalk sales on Torresdale Avenue, both sides, from Harbison Avenue to Cheltenham Avenue.
Again, John P. Campbell, Legislative Regulatory Affairs Manager from the Department of Licenses and Inspections, and Rudy 20 COMM. ON LICENSES & INSPECTIONS - BILL 980164 Paliaga. Again, the Department has no objection to the enactment of this legislation. And as I testified on the previous bill, again, we recognize Council's right and general ability to regulate activity on the streets and the sidewalks. And, again, in areas where total bans have been -- ordinances have been drafted by the various District Councilpeople, we find that they are generally as a result of complaints from people in the districts or -- in the district or in the businesses.
Mr. Campbell, isn't that the same thing you just said on the last bill?
Yes, sir. As I said this, as I testified on the previous bill.
How do you do that? How do you give the same exact testimony without reading from anything on two different bills? Is that a developed trait or is that years 21 COMM. ON LICENSES & INSPECTIONS - BILL 980164 of experience?
I think it's years of experience -- four years of Latin in high school and a year of Greek and --
Are there any other questions for these witnesses? (No questions.)
Is there anyone else to testify on Bill No. 980164? Yes, sir, please come forward. (Individual subsequently identified as Frank Bempong comes forward.)
Could one of the witnesses please relinquish their chair for this gentleman?
Please identify 22 COMM. ON LICENSES & INSPECTIONS - BILL 980164 yourself for the record.
Sir, I'm sorry. We have an old microphone, you're going to have to really put it closer to your mouth.
Thank you. Please proceed with your testimony about this bill.
This is a bill 13 which would prohibit sidewalk sales on Torresdale Avenue from Harbison to Cheltenham.
The gentleman who spoke before me just said there have been complaints? What are some of these complaints?
He said they have received complaints from the residents. What are some of these complaints?
The ordinance was introduced by the District Councilperson, and I believe there is a staff person here, so what I'd 23 COMM. ON LICENSES & INSPECTIONS - BILL 980164 like you to do is have some discussion with Councilwoman Krajewski's staff person off the record so you can get an idea on what -- this is Tara Egan.
And if you would like to come back and testimony, we won't close the testimony out on this bill until you have talked to her.
Okay, thank you. Is there anyone else to testify on this bill? (No response.)
We will hold concluding testimony for Mr. Bempong. And we will move to Resolution No. 19 980153, which authorizes the City Council Committee on Licenses and Inspections to conduct hearings on encroachment of wholesale merchandising in C2 areas which border residential communities. I just read it into the record. We will vote on this in our public meeting unless you 24 COMM. ON LICENSES & INSPECTIONS - RES. 980153 have anything you would like to testify on to regarding this, we'll move on. Rudy rue I just wanted to inform the Councilmembers that since 1976, over 400 ordinances have been passed by City Council regarding sidewalk sales. We are in the process of compiling all of those ordinances into one document by Council District and Police District. So we'll make that available to all Councilmembers. And in addition, when people come in to secure new sidewalk sales licenses, they will get a copy of that so they'll know where not to vend in the City of Philadelphia.
Thank you. This resolution was introduced by Councilmember Tasco, and the Chair recognizes her for any comments she'd like to make for the record regarding the passage of this resolution. The Chair recognizes Councilwoman Tasco.
This resolution, which I've introduced to Council, was passed by 25 COMM. ON LICENSES & INSPECTIONS - RES. 980153 Council and addresses a problem in a C2 commercial corridor in my district, but I'm sure that the problem has begun to occur in other sections of this city. A C2 commercial corridor is part of the fabric of the residential communities to services to support the needs of the community for goods and services and to foster a spirit of neighborhood identity. When we discussed the community development block grants just last week, one of the constraints over the years has been the objective of encouraging and fostering the growth and stability of neighborhood commercial areas and the diversity of varied businesses to provide choices for the residents who patronize the shopping area. However, the growth of the wholesale business has begun to limit the choices of the community and has diminished the sense of interconnectedness of the residents. This is very detrimental to the residential patterns in my district of Olney, where this is now taking place, and which has been going on for several years. COMM. ON LICENSES & INSPECTIONS - RES. 980153 This metamorphosis must stop, or that section of the City will be severely and negatively impacted by the traffic, the lack of parking, and the nuisance disturbance. At one time, it appeared that as if existing owners were simply expanding. However, it now appears that there are recurring efforts to locate persons more interested in wholesale activities and retail activities. Now, there is a difference between a grocery store that sells at wholesale prices bulk items in the communities and a wholesale operation that is dedicated to hats or radios. We want to recreate a record to help other agencies recognize our problems here. The Philadelphia Code prohibits a wholesale business in a C2 area which is a neighborhood commercial corridor. There are specific areas that are reserved for wholesale activities. I want sufficient enforcement by the Zoning Board and by the Department of Licenses and inspections to help us combat this problem. Wholesale activities do not outnumber the retail shops but they have the capacity to change the 27 COMM. ON LICENSES & INSPECTIONS - RES. 980153 environment and to discourage smaller, personalized service. I also want to have cooperation from the Department of Commerce and PCDC to assure that they will not recruit wholesale merchants to these C2 districts. All of that bottom line says that for the last few years, we have brought before the Zoning Board our requests for variances for businesses on Fifth Street, for the businesses to go from retail to wholesale. And what is happening is, we're losing the spirit of the retail business on Fifth Street. We now have to contends with large tractor-trailors that are delivering wholesale items, double-parking of tractor-trailers. The provisions are not there to provide delivery services for these businesses. And we have not gotten the cooperation that we have sought, so I thought we would have the hearings today. We have spoken to the Administration about the importance of their not supporting these variances before the Zoning Board, but we wanted to bring it to the attention of my colleagues in Council as well as give the opportunity to my constituents in the Olney area 28 COMM. ON LICENSES & INSPECTIONS - RES. 980153 to come down and testify and talk about the impact of the growing number of wholesale businesses on Fifth Street and what it's doing to the Olney area. It's a viable, vibrant area that has a history of retail sales and a great cooperation with the surrounding neighborhood, and we want it to remain that way. So Mr. Chair, we are grateful to have these hearings today and have a list of people who are today to testify.
Prior to our going into the list of witnesses, what I'd like to do is to recess the public hearing, convene our public meeting, vote out the bills that we've already testified to, then reconvene the public hearing for testimony on this resolution. - - - (Public meeting begins.) - - -
So we are recessing the public hearing convening our meeting. The Chair recognizes Councilmember Nutter for a motion on Bill 960517. 29 COMM. ON LICENSES & INSPECTIONS - PUBLIC MEETING All the bills we are considering will have a rules suspension.
Thank you, Mr. Chairman. I move that Bill No. 960517 be reported out of committee with a favorable recommendation, and a further recommendation that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.)
Properly moved and seconded. All in favor, aye. There are none opposed. Bill No. 960517 will be reported out of this committee with a favorable recommendation, and a request is made for rules suspension. The Chair recognizes Councilmember Nutter for a motion on Bill No. 970550.
Mr. Chairman, I move that Bill No. 970550 be reported out of committee with a favorable recommendation, and a further recommendation that the rules of Council be suspended so as to permit first reading at our next Council session. 30 COMM. ON LICENSES & INSPECTIONS - PUBLIC MEETING (Duly seconded.)
Properly moved and seconded. All in favor, say aye. There are none opposed. Bill No. 970550 will be reported out of this committee with a favorable recommendation, and a request will be made for rules suspension to allow for first reading at our next Council session. The Chair recognizes Councilman Nutter for a motion on Bill No. 970551.
Mr. Chairman, I move that Bill No. 970551 be reported out of committee with a favorable recommendation, and a further recommendation that the rules of Council be suspended so as to permit first reading at our next Council session. (Duly seconded.)
Properly moved and seconded. All in favor, say aye. There are none opposed. Bill No. 970551 will be reported out of this committee with a favorable recommendation, and a request will be made for rules suspension to 31 COMM. ON LICENSES & INSPECTIONS - PUBLIC MEETING allow for first reading at our next Council session. The Chair recognizes Councilwoman Krajewski for a motion on Bill No. 980163 with a rules suspension.
Mr. Chairman, I move that Bill No. 980163 be voted out of this committee with a favorable recommendation, with a suspension of rules. (Duly seconded.).
Properly moved and seconded. All in favor, say aye. There are none opposed. Bill No. 980163 will be reported out of this committee with a favorable recommendation, and a request will be made for rules suspension to allow for first reading at our next Council session. The Chair recognizes Councilwoman Krajewski for a motion on Bill No. 980164. (Interruption.)
Prior to the motion, I would like the record to reflect that conversations with Mr. Bempong have taken place in 32 COMM. ON LICENSES & INSPECTIONS - PUBLIC MEETING the chamber with Council staff, and his opposition is noted for the record. But the Chair recognizes Councilwoman Krajewski for a motion on Bill No. 980164.
Mr. Chairman, I move that Bill No. 980164 be voted out of this committee with a favorable recommendation and a suspension of rules. (Duly seconded.)
Properly moved and seconded. All in favor, say aye. There are none opposed. Bill No. 980164 will be reported out of this committee with a favorable recommendation, and a request will be made for rules suspension to allow for first reading at our next Council session. The Chair recognizes Councilmember Tasco for a motion on Bill No. 970675 with a rules suspension.
Mr. Chairman, I move that Bill No. 970675 be reported out of committee with a favorable recommendation, and a request of suspension of the rules so that this 33 COMM. ON LICENSES & INSPECTIONS - PUBLIC MEETING bill can be heard at the next session of Council. (Duly seconded.)
Properly moved and seconded. All in favor, say aye. There are none opposed. Bill No. 970675 will be reported out of this committee with a favorable recommendation, and a request will be made for rules suspension to allow for first reading at our next Council session. The Chair recognizes Councilman Rizzo for a motion to approve the amendment to Bill No. 14 970676.
That the amendment be approved and voted out of committee with a favorable recommendation.
The motion was to 34 COMM. ON LICENSES & INSPECTIONS - PUBLIC MEETING approve the amendment to Bill No. 970676. Is there a second? (Duly seconded.)
Moved and seconded. All in favor, say aye. There are none opposed. The amendment to Bill No. 970676 has been approved. The Chair recognizes Councilman Nutter for a motion on the amended Bill 970676.
Mr. Chairman, I move that Bill 970676, as amended, be reported out of committee with a favorable recommendation, and a further recommendation that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.)
Moved and seconded. All in favor, say aye. There are none opposed. Bill No. 970676, as amended, will be reported out of this committee with a favorable recommendation, and a request will be made for rules suspension so as to allow for first reading 35 COMM. ON LICENSES & INSPECTIONS - PUBLIC MEETING at our next Council session. The Chair recognizes Councilwoman Krajewski for a motion on Bill No. 970695.
Mr. Chairman. I move that 970695 be voted out of this committee with a favorable recommendation with a suspension of rules. (Duly seconded.)
Moved and seconded. All in favor, say aye. There are none opposed. Bill No. 970695 will be reported out of this committee with a favorable recommendation, and a request will be made for rules suspension so as to allow for first reading at our next Council session. Bill No. 970693 had previously been considered by this committee, passed out of committee and approved by Council, and will not be heard again, obviously. We will now recess -- hold on. (Public hearing reconvenes.)
We will now -- we will now -- excuse me. We will now recess the 36 COMM. ON LICENSES & INSPECTIONS - PUBLIC MEETING public meeting of the Licenses and Inspections Committee and reconvene the public hearing of the Licenses and Inspections Committee. And the Chair recognizes Councilwoman Tasco.
Mr. Chairman, we have requested that the City send representatives to testify on this resolution. I'm not sure that they have sent anyone. So we want the record to reflect that we did ask the Administration to testify on this resolution because it's very important. And if we're going to be able to maintain Fifth Street as a retail corridor, we're going to need the support of the Administration. At the end of this hearing, what we will do is send a report to the Mayor and to the Commerce Department and to the Zoning Board on the actions and the issues raised here as well as the concerns raised by the neighbors. Thank you.
Thank you very much. I guess in the tradition of the late 37 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 William Barrett, ward leaders first. The Chair recognizes Mr. Bob McGowan.
Good morning. My name is Robert McGowan. I'm the Democratic Ward Leader of the 61st Ward in the Olney section of Philadelphia. I'm here today in regard to Bill No. 12 980153 regarding wholesale businesses in a retail strip. The Fifth Street corridor from -- circumferences three wards -- the 49th, 42nd, and the 61st. It runs from Roosevelt Boulevard north to Cheltenham Avenue. A commercial strip retail strip provides the neighborhoods with goods and services that the residents need. A strip -- retail strip owners keep their businesses clean both inside and out because they know that if they want the community business, they have to provide the services, and no one wants to buy or go into a store that is dirty inside or outside. 38 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 A good retail community provides full- and part-time jobs for neighborhood youth and the older members of the neighborhood, maintains an attractive family atmosphere. And also very important, it attracts new homeowners to come into that area. A lot of homeowners do not have the luxury buying a car and a home, so they have to depend on public transportation. And a good retail strip provides the services that they need for clothing and food and whatever other items they need. In the 61st Ward, the retail stores have played an important economic base for the Olney area. I have been a resident of Olney since 1972, over years. And Fifth Street has been a 18 -- even though with the shopping mall that's moved 19 five blocks away at Front and Olney, it is still 20 thriving. 21 And what is happening is that these 22 wholesalers are coming in with disregard for the 23 neighborhoods. They do not want the residents in 24 the neighborhood into their stores to browse and 25 purchase one or two items where they're selling 39 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 radios and jackets and sweatshirts and T-shirts, 25, 50, 100 at the time. And they really don't care what their businesses look like because they're not dealing with the average person. The ones they deal with make the orders or call the orders in and have them shipped out. And it creates a problems on Fifth Street with the traffic, and that is a major bus route, a major thoroughfare from Cheltenham Avenue to Roosevelt Boulevard. And it's real congested. And I know the 35th District has been getting numerous calls from various neighbors, committee people, ward leaders about the traffic on Fifth Street, the double-parking. There has been problems with fire and emergency vehicles going down Fifth Street 'cause there's parking on both sides, and it's one lane both north and south. So it's very hard for a community. And at the time, you know, the economics of the United States and the City is on the upward climb, but I would like to see that strip become strictly retail and try to get the community back in and 40 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 keep the people in Philadelphia, which makes your job easier and will make my job easier because I won't be getting phone calls from my committee people that these stores going in. So I thank you for the opportunity to speak here today and hope everyone has a nice day. Thank you.
No, but I'd like to thank him for his leadership over in the 61st Ward since he's always been very active in the community in his role as ward leader and as an executive assistant to our state senator. We work very closely together to monitor what's happening in the Olney area. And I appreciate his leadership and caring about what's going on out there. Thank you very much.
Thanks for your time. The Chair recognizes Miss Linda 41 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 Sistrunk, Jack Connaire. Please come forward. And Lorraine Little also. Good morning, everyone. Thank you for waiting and thank you for your patience. Please identify yourselves for the record and proceed with your testimony.
My name is Linda Sistrunk. I'm the Olney Neighborhood Director for Fifth and Fisher. I'm a committee person for the 42nd Ward, 21st Division. My concern is about wholesale stores that's moving in our area. It's complicated because we don't have any clothing stores, no food stores, and the wholesale stores won't sell to the residents in the area. And it's a problem 'cause we have to go all the way over to Fifth and Olney -- Front and Olney, I'm sorry, to shop for clothing and groceries. So I'm speaking for all of the neighbors as well as myself being personally involved with it.
You know, I find it very strange because in South Philadelphia, there's one -- there was a number of them, but 42 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 there's one major wholesale outlet, food outlet, down by the food center called Jetro, and they we can nonbusiness people who become members of their -- of their -- not of their club, but of their business, and can come in and shop for their daily groceries. So I'm surprised that a company like that wouldn't want the additional business, but I guess they have a different mission.
My name is Lorraine Little, and I'm a resident of West Chew Avenue. I'm the block captain for the 500 block. I'm also the chairperson for the community group Olney Neighbors for Change. I moved into the area about four years ago. And since then, the residents and the community, as a whole, have been doing work with Fifth Street and Mrs. Coon (ph.), who is the President of the Business Association. As a retail area, some of things that Bob already mentioned in terms of the congestion 43 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 of traffic, double-parking, that is a reality. And there's traffic spilling over into the intersecting neighborhood, one being my block. And often you can't even get a parking space to your home. So to project that into a wholesale situation, that just kind of creates more of a nightmare, which we all envision and we all have some concern about. Our other concern is the overall image of Fifth Street. And we residents have been working to kind of clean that up. It is a core of our community. Whenever anyone comes to your home, you direct them by Fifth Street. So we've been working pretty hard to beautify the area. And in addition to cleaning up environmentally -- trash and so forth. Sanitation with this coming of wholesale is another concern of the residents in terms of business trash, how that is going to be handled. There are very few ways to make deliveries at door or to have your trash picked up in the back of those stores. Everything is done in the front main street of the store. So we have 44 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 concerns about that. And, of course, inaccessibility for the residents to shop. In that area, we have many elderly folks who now can just walk down to Fifth Street from their home, feel relatively safe, buy their products, and return to their home. Wholesale would block all of that out. To speak really from my heart, when I purchased my property, I wanted to live in a neighborhood residential atmosphere. With wholesale, the idea of it to me is like an industrial corridor. My other fear is that this is a move towards much of Fifth Street becoming a wholesale district. And that to me is living in industry, big trucks, lots of traffic, lots of debris, and that certainly takes away the neighborhood residential atmosphere. Thank you.
Thank you very much for your testimony. It was very effective in giving a picture of that community. Mr. Connaire.
My name is Jack 45 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 Connaire, President of the Greater Olney Community Council. Lorraine pretty much mentioned what I had to say. The only thing Lorraine didn't mention is the fact that she has personally cleaned up Fifth Street herself and done painting on the building and organized the people there, and she's done great job has a lot to say. She has a lot to say, but she backs it up with everything. She's done a great job and she should be commended for it. The one thing that has been going on for quite while in Olney doesn't so much have to do with L&I but the pickup of trash, why there so much trash around there. Their trash day is Monday morning. Most of the stores don't open up till 10 o'clock. Their trash is put out on Saturday night, and it's a nightmare on weekends up there with dogs tearing the trash apart, the wind blowing the stuff. And I wish something could be done about the trash situation there. It only makes area much, much worse-looking. If that trash could be picked up somehow on a different day or 46 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 if they could get their trash out -- I don't know how they can do it but that's been something we've been fooling around with for years, and I wish 5 that could be finalized too. It would make a big, 6 big difference in the area. 7 Thank you very much. 8
Thank you very much 9 for your testimony. 10 Councilmember Tasco? 11
We have been 12 working and wrestling with this whole issue of 13 wholesale, I guess, for the last ten years. And 14 Jack has been, certainly, as President of the 15 Greater Olney Community Council, has been there to 16 support us. 17 And Lorraine and Linda and the new 18 residents to the area have moved in and taken on 19 leadership roles in their community and worked 20 very hard, and they care about Olney area. And all we want is for the Administration to understand your concerns, and we have written letters to the Administration about this issue, and we weren't getting any cooperation. That's why had these hearings. 47 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 And we appreciate your coming down. Taking time to testify. We thank you for your leadership in the community. Thank you.
Thank you. Is there anyone else in the room who would like to testify on this resolution? I'm sorry, ma'am. (Mary Hoffman comes forward.)
My name is Mary Hoffman. I'm an Olney resident. I'm the Treasurer for Olney Neighbors for Change, a community action group. My mother bought the house that I live in, in 1968. I've lived there of those 30 18 years, and I've seen the Fifth Street strip change 19 a lot over the years. What's happening there now 20 is not pretty. 21 I was in a friend's neighborhood. She lives near 5900 Torresdale, and I saw what happened to Torresdale Avenue. They went wholesale. The wholesale businesses, they took over existing retail buildings, and they just 48 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 boarded them up. This is the facade that they present to the public. The existing retail businesses that remained, when the people move out or die or retire, whatever, no one new comes in, those places are boarded up, and it looks like a no-man's land. I don't want to see that happen to Fifth Street. I don't have a car and there are a lot of people in Olney who do not have cars, not just older people. And it's very convenient to be able to go down there and buy at least the basic things. Some of these retail operations have homemade -- they're nice-looking, but they're homemade signs in the window saying "No Retail Business." Stay out, basically. We are not welcome into those places. And there's just -- I don't think that the neighborhood was zoned for wholesale; they just sort of came in and started doing it. Lorraine has been extremely active, Lorraine Little, and she got me fired up and concerned about it too. You know, I like the neighborhood, and I want to stay there. I don't 49 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 want to see this happen.
Thank you very much for your testimony. Are there any questions?
Thank you so much for coming. We appreciate it. What do you see in terms of the traffic with the tractor-trailers along Fifth Street when they are delivering?
What do I see. . . um, Fifth Street has become a parking lot, essentially. Anyone who needs to get through that section drives around it, which means that very small residential streets have through-traffic -- I mean, on tiny one-way streets. The tractor-trailers -- the street is not constructed for them. I've done construction work so I know a little bit about it. And the street cracks, it sinks, there are holes in it, it breaks. The weight of these vehicles is too much. They come down Sixth Street, they go over Grange, they go over Chew. They're all over streets that are really not meant to take tractor-trailer traffic. 50 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153
You know, the area is zoned C2, it's zoned for commercial retail -- not wholesale.
What happens when an owner wants to make the facility wholesale, they file for a variance before the Zoning Board. What has happened -- and we have opposed all of the requests for variance, but we don't get the support from the Administration that we need to maintain the commercial character of the community. And that is why we are having these hearings because we want the Administration to know. I've sent them letters, I've spoken to the Administration personally about my concern for what's happening before the Zoning Board, that we're not getting the support to maintain that area as a retail area. So I appreciate your coming down and I appreciate your working with Lorraine and her group.
Mr. Connaire, you want to come back? 51 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153
Jack Connaire, from the Greater Olney Community Council. The one thing I wanted to add is that Fifth Street is the only through-street in Olney that goes from the Boulevard to Cheltenham Avenue. On the east, the next street that does that is Rising Sun Avenue. But Olney Avenue, that would be basically C Street, and it goes on the west all the way over to Broad Street. So Fifth Street is the only through-street, and it can be a nightmare when people want to travel north and south there.
Thank you for that addition. Mr. Campbell, do you want to come up here and solve this problem? (Laughter.) (Mr. Campbell comes forward.)
John Campbell, Legislative Regulatory Affairs Manager. I really have no testimony on this bill 25 -- excuse me, on this resolution. The 52 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 Department's activity in this is really very limited in that commercial -- a C2 commercial district prohibits any kind of wholesale business, business to the trade only. And it's an automatic refusal from the Department. The next stage is, you know, in order to do any kind of wholesale activity, you have to get a variance from the Zoning Board of Adjustment.
Would you at least commit to doing some of your legislative mental gymnastics to determine whether or not there's some additional legislation that could -- not getting an answer today, but getting some additional legislation that could help in protecting this residential community from the inundation of this onslaught of wholesale business?
We will look into it, and I'll review the whole situation, get the notes of testimony from the hearing. Also, if there's any illegal activity -- I mean people going without benefit of licenses and without benefit of zoning, of course, we would 53 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 enforce through our Business Regulatory Enforcement. That would be for the businesses that have no zoning for the activity they're doing at the location.
Thank you. My question is, it seems as though there's a thin line between a business that's wholesale-retail. How do we detect or know, other than what I heard, that a business would refuse a walk-in? How do we monitor? I wouldn't think I would know, walking down Fifth Street or Wadsworth Avenue or Germantown Avenue. A store that's retail or wholesale. It seems to me it's very easily disguised. How does L&I monitor a business, whether it be retail or wholesale?
Well, Councilman, in order to conduct any activity, you need a zoning permit first. You have to apply to get the zoning permit. If you go in -- and I think I see where you're going. If you go in and get a zoning 54 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 permit, say, for retail --
-- and then, in fact, do a complete wholesale activity instead of retail, we would pick that up on a complaint. And that's -- I think I just said that, you know, we -- and at that point, we would go out and send our inspectors out to determine what activities is taking place there. If it's wholesale trade only, then we would cite them for violation of the zoning code.
It's only driven by complaint? You know, I hear what you're saying, but it sounds to me as though it looks good on paper, but I would bet that it's so easily disguised, retail businesses that do wholesale business that I don't think -- I don't think I could detect the difference. What about a retail business that also does wholesale? Is that legal or illegal?
Well, again, I don't have the code with me, and this is like sort of off the cuff, but there are definitions of what 55 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 retail is, what wholesale is. It's really set up, you know, in the code itself. And when we need a definition, we go -- the U.S. Department of Commerce classifies every business.
I'll give you an example. A paper company that sells dishes and cups, and they have a retail business where people walk in and by a sleeve of Styrofoam cups, but also a major restaurant chain could call them and buy wholesale 50 cases.
But I believe that is -- and, again, without the code in front of me, without the definitions, I believe that is a retail business because it is open to the public and they are selling retail. You know, and again, I beg your indulgence because I'm a little vague on this as far as the exact mechanics of each and every item -- you know, is this retail, is this wholesale.
So even though you can't be specific 'cause you don't have it in front of you, the way to legitimize a wholesale business to occasionally sell something retail, 56 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 and there's nothing you can do about it.
No, sir. And, again, as I said, I'm really far out of my area of expertise on this.
I guess I don't have an answer to my question, but. . .
What we find is that when the neighbors go into the store to buy something, they are told that they can't buy retail, that it's only wholesale. Now, some neighbors will call us and complain, and that's how we find out that there's a problem. Others won't, so we don't know. So businesses could operate illegally for sometime and we not know that they're really a wholesale business; we think they are retail.
You don't have to answer that. That's just a statement.
Yeah, I understand where you're coming from. And as I said to Councilman Kenney, you know, we will get the notes of the 57 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 hearing and just review and then get back.
I believe that -- I understand that there are Realtors advertising that there are properties on Fifth Street that could be used for wholesale merchandising. Are you familiar with that?
If you did know about it, what would L&I do about it?
If you were aware of that, if you saw an advertisement about wholesale opportunities on Fifth Street, what would your Department do about it? Do you have any action you can take against the Realtor?
Mm, not really, Councilwoman. And, again, really, I really don't know. I mean I. . .
If you read the Sunday adds and you an ad that says that you can buy a business on Fifth Street for wholesale, and you know wholesale is illegal on Fifth Street, what action could L&I take? 58 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 I mean, it doesn't have to be legal action, but what moral action could you take relative to the Realtor?
Well, it's my understanding also that the State Realty Board Department of State, through perhaps Senator Kitchen's office, may be able to institute an investigation into the Realtors who are misleading their potential customers into thinking they're buying a property that is zoned appropriately and it's not. We've had the same or a similar problem in my neighborhood, for example, with Realtors who put signs that say that the place is a triplex. When I check the property, it's zoned single-family. We make them take the sign down. But those kinds of inappropriate behaviors on the part of the real estate individuals are something that the State Senator could insist that the State Bureau of Real Estate investigate.
We have the same problem with Realtors selling houses and telling the buyers that they could do commercial in the 59 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 home. And we had to intervene with that, in the Olney area, to stop that.
Councilwoman, I guess -- how time flies when having fun. But I guess it's about fifteen or so years since I've taken any real estate courses but my, at this point, very vague recollection is that there is a code of ethics and there are required things that Realtors have to do, or they can lose their tag, lose their license to do business. And again, I think, as Mr. Kenny has pointed out, that these are really issues that should be maybe reviewed by the State Licensure Board.
I'd just like to add to that. If The Inquirer and The Daily News are aware of that practice occurring, they have an internal monitoring system that they will not accept ads that they know could be deceptive so that could also be a possibility that The Inquirer and Daily News would be a party to make sure that 60 COMM. ON LICENSES & INSPECTIONS - RES. NO. 980153 the advertisements are accurate.
Thank you very much. Are there any other individuals that would like to testify on this resolution? (No response.)
Seeing none, that will conclude the business of the Licenses and Inspection Committee. We thank you for your attendance.
Thank you. (Adjourned at 11:20 a.m.) - - - 61 C E R T I F I C A T E I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Tuesday, May 12, 1998, were reported and accurately by me, and that this is a correct transcript of same. RE: COUNCIL COMMITTEE ON LICENSES AND INSPECTIONS BILL NO.'S 970517 970550, 970551, 970675, 970676, 970695, 9708163, 9708164, and Resolution 980153. __________________________________, JOSEPHINE CARDILLO, RPR