civus

Committee Hearing, June 3, 2009

Minutes from Philadelphia City Council Committee Hearings, Jun 3, 2009

People mentioned

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

Organizations mentioned

Councilman Greenlee

Great.2 Thank you.3 COUNCILMAN DiCICCO: Next4 witness?5

Mr. Abernathy

No more6 witnesses.7 COUNCILMAN DiCICCO: No more8 witnesses on this bill.9 Is there anyone else who wants10 to testify on this bill?11 (No response.)12 COUNCILMAN DiCICCO: You sure?13 Okay.14 Read the title of the next15 bill.16

Mr. Abernathy

Bill No.17 090444, an ordinance amending Chapter18 10-611 and 12-800 of the Philadelphia19 Code, entitled respectively "Sidewalk20 Behavior and Bicycle Regulations and21 Penalties" to authorize the Department of22 Streets to designate sidewalks on which23 bicycle-riding is permissible, providing24 for penalties and making technical25 282 6/3/09 COMMITTEE ON STREETS & SERVICES1 changes, all under certain terms and2 conditions.3 (Witnesses come forward.)4 COUNCILMAN DiCICCO: Good5 evening.6

Mr. Greenberger

Hello. How7 you holding up?8 COUNCILMAN DiCICCO: All right.9

Mr. Greenberger

Can I talk10 about Dumpsters? (Laughing.)11 COUNCILMAN DiCICCO: Plastic12 bags.13

Mr. Greenberger

No Dumpsters,14 all right, all right.15 COUNCILMAN DiCICCO: It will16 only cost you a nickel. It went from a17 quarter and went down to a nickel. All18 right.19

Mr. Greenberger

22 Good evening. I'm Allan23 Greenberger, the Executive Director of24 the City Planning Commission. 4 The purpose of this bill is to5 allow the designation neigh of trail6 segments on sidewalks for bicycles7 outside of Fairmount Park. 11 This is a a little bit of12 background on bicycle-riding. It's13 governed by both state and city laws in14 Pennsylvania. State law prohibits15 bicycle-riding on sidewalks in business16 districts, and that's fairly typical of17 communities across the nation. 20 But Philadelphia, like many big21 cities, takes a more restrictive approach22 to bicycling. Our code says that no one23 under age or older may bike on the24 sidewalk anywhere. 11 Sidewalk bicycling is a factor12 in a high percentage of intersection and13 driveway bicycle crashes. We believe14 that the general rule against sidewalk15 bicycling in Philadelphia must be16 preserved to protect pedestrians and17 bicyclists alike. 21 City law already grants22 exception to a sidewalk biking ban in23 Fairmount Park, where the Fairmount Park24 Commission may authorize bicycle-riding25 285 6/3/09 COMMITTEE ON STREETS & SERVICES1 on sidewalks such as Kelly Drive by2 regulation. 5 The bill would amend the6 traffic code to allow the Streets7 Department to designate certain sidewalks8 for shared use by pedestrians and9 bicyclists. 2 The provisions for a3 recommendation from the Planning4 Commission will provide a forum for5 community and public input. The6 Commission has traditionally been7 concerned with protecting the pedestrian8 realm, and we are currently working on a9 pedestrian and bicycle bill for the City,10 and that's something that Debbie here has11 been doing quite a bit of. 3 The amendment will allow4 bicyclists to ride in the roadway next to5 those sidewalks that the Streets6 Department designates for shared use by7 bicyclists and pedestrians. 12 In such cases, it's better if13 the bicyclists who are comfortable using14 the roadway be allowed to do so. 4 And I think -- did you just5 hand out, Brian, copies of that6 amendment? 7 We've not -- as a commission,8 we've not had the opportunity to act on9 this bill, but it will be up at our next10 meeting, on June 9th. 15 Thank you. 19

Councilwoman Miller

I have a20 question.21 COUNCILMAN DiCICCO:22 Councilwoman Miller and then Councilwoman23 Sanchez.24 Councilwoman Miller.25 289 6/3/09 COMMITTEE ON STREETS & SERVICES1

Councilwoman Miller

Hi. Good2 afternoon -- evening.3 What is -- how do you educate4 the public regarding these kind of laws,5 rules, whatever?6

Mr. Greenberger

As to what7 the law says or as to proper behavior on8 the sidewalk?9

Councilwoman Miller

Well,10 both.11

Mr. Greenberger

Okay.12

Councilwoman Miller

Proper13 behavior, plus this would be a new law.14

Mr. Greenberger

Yeah.15

Councilwoman Miller

And I16 guess mostly where I see people riding17 bikes where they share a sidewalk is the18 Kelly Drive.19

Mr. Greenberger

Right.20

Councilwoman Miller

And I21 don't see that many pedestrians on West22 River Drive. So, I mean, it's just an23 assumption. I just assume that you're24 able to ride your bike on the sidewalk at25 290 6/3/09 COMMITTEE ON STREETS & SERVICES1 Kelly Drive.2

Mr. Greenberger

Yes. In3 Fairmount Park, apparently that's the4 case.5

Councilwoman Miller

Right.6

Mr. Greenberger

But, to use7 an example, the Delaware Boulevard is8 one. Here's another one: Grays Ferry9 Avenue is envisioned as part of a10 potentially longer trail for the time11 being that picks up from the Schuylkill12 Trail. It's going to take a lot more13 work before that trail's extended on the14 waterfront, so Grays Ferry might be a15 logical place to have biking. There are16 bike lanes there now.17 It's relatively high-speed18 traffic, and if we believed in that as a19 bikeway, we might also want to believe in20 allowing bicyclists on the sidewalk in a21 place like that --22

Councilwoman Miller

Okay.23

Mr. Greenberger

-- just to24 make sure that people who are not so25 291 6/3/09 COMMITTEE ON STREETS & SERVICES1 comfortable being on a higher-speed road2 like that, or like Kelly Drive, have a3 place to go.4 This is probably not going to5 come up that often.6

Councilwoman Miller

Mm-hmm.7

Mr. Greenberger

We know8 about -- this really was designed around9 something we know, which was Delaware10 Avenue. We don't expect that it's going11 to come up again that many times. But12 it's going to come up sometimes, and13 that's why the law provides there to be14 posting.15

Councilwoman Miller

Mm-hmm.16

Mr. Greenberger

I think we17 also have to do a better job as a city,18 both through the websites that we have,19 through bicycle coalitions, and probably20 even through schools, to let people know21 what the laws are about biking in the22 City.23

Councilwoman Miller

Mm-hmm.24

Mr. Greenberger

I would bet25 292 6/3/09 COMMITTEE ON STREETS & SERVICES1 that if you asked somebody now, Are you2 allowed to bike on the sidewalk? most3 people would probably say sure.4

Councilwoman Miller

Right.5

Mr. Greenberger

So I think6 that's critical.7 The other thing that I think8 can happen primarily through bicycle9 coalitions is that they also need to help10 us do a better job informing bicyclists11 about the rules of being both on the road12 and/or the sidewalk 'cause I think13 they're -- frankly, they're too often14 violated.15

Councilwoman Miller

Right.16

Mr. Greenberger

And I was17 just crossing the street to come to City18 Hall to testify, and red light, cars19 stopped, bikes weren't.20

Councilwoman Miller

Bikes21 don't, right. And, in fact, I almost saw22 a accident yesterday with this bicyclist23 and he just kind of away from the right,24 all the way to the left in front of cars,25 293 6/3/09 COMMITTEE ON STREETS & SERVICES1 and I don't know whether people know the2 rules of the road.3 For example, are they -- are4 bicyclists allowed to be on Kelly Drive5 or on the actual roadway, not the6 sidewalk?7 (Witness comes forward.)8

Councilwoman Miller

'Cause9 sometimes that's pretty dangerous too,10 particularly during peak hours.11

Mr. Denny

Good evening.12 Charlie Denny, Traffic Engineering,13 Streets Department.14

Councilwoman Miller

Hi.15

Mr. Denny

The answer to your16 question is that there's a restriction on17 Kelly Drive in riding in the peak18 direction during the peak hour, but the19 rest of the time, they're allowed on that20 roadway.21

Councilwoman Miller

Okay.22

Mr. Denny

And the same23 condition exists on the West River Drive.24

Councilwoman Miller

Yes.25 294 6/3/09 COMMITTEE ON STREETS & SERVICES1

Mr. Denny

Or the Martin2 Luther King Drive, sorry.3

Councilwoman Miller

All4 right. I could see that, you know,5 during off-peak hours, but I've often6 seen them during peak hours on the drive,7 and it's pretty dangerous, and it8 actually could cause accidents when9 you're trying to slow around to get10 around them and whatnot, okay.11 And I have a pet peeve about12 bicycle -- I don't want to say paths, but13 it's -- in the street, in the business14 corridors, bike lanes, right? in the15 business corridors because -- well, I16 guess we need them, but I don't see that17 many bicycle users in business corridors18 in my district.19 And at Germantown and Chelten20 business district, we've actually -- we21 have a awful, awful problem with parking,22 and they took parking meters out to23 create a bike path. And, you know, of24 course, people are parking there and25 295 6/3/09 COMMITTEE ON STREETS & SERVICES1 they're getting tickets, but they don't2 have any other alternatives.3 So, at some point, I do want to4 talk to someone about that because it's5 just -- and, my God, I don't think I've6 ever seen a bike going down that7 particular part of Chelten Avenue.8 UNIDENTIFIED SPEAKER: I ride9 it.10

Councilwoman Miller

Do you?11 UNIDENTIFIED SPEAKER: It's12 very useful.13

Councilwoman Miller

Well,14 maybe you and another person, but --15 (Laughter.)16

Councilwoman Miller

But,17 listen, I had a -- I had a shop owner18 that put a lot of money into a new --19 rehabbing his -- rehabilitating his20 jewelry store, and they took out like21 three or four parking spaces. And he22 called me up saying, "Oh, my God, I just23 invested all of this money and now my24 customers don't even have a place to25 296 6/3/09 COMMITTEE ON STREETS & SERVICES1 park." So we were able to work that out.2 But in many areas, you don't3 really see that many people riding bikes.4

Mr. Denny

We do try to avoid5 taking up parking spaces when we put in6 bike lanes, and we do it in very limited7 cases.8

Councilwoman Miller

Yeah,9 well, I'm going to bring those to your10 attention.11

Councilwoman Miller

Thank13 you.14

Mr. Denny

And we'll listen.15

Councilwoman Miller

Okay.16 Thank you, Mr. Chair.17 COUNCILMAN DiCICCO: Thank you.18 Any other questions?19

Councilwoman Sanchez

I just20 wanted to congratulate the City. I know21 we got an award for our work around bikes22 in the City, and I will just share with23 my colleagues that my husband has become24 a rider again and is counting the number25 297 6/3/09 COMMITTEE ON STREETS & SERVICES1 of streets where I don't have bike paths,2 so we'll both have work to do.3 Do we need State enabling4 legislation to fix the glitch between the5 sidewalk and where there's dual -- where6 there's a street path? 'Cause I7 notice -- I'm looking at our packet. In8 a letter written by Paul Levy, he says9 that there has to be an elimination of a10 law in the Commonwealth to repeal the11 mandatory side path law.12 So can I get some clarity? I13 just want to make sure that...14

Ms. Schatz

I'm Debra Schatz,15 with the City Planning Commission.16 No. State law already is --17 the State law was amended in 1995 to say18 that you don't -- that bicyclists don't19 have to use the roadway when there's on20 adjacent side path unless there are signs21 that are posted that say you do have to,22 like there you are on Kelly Drive during23 peak-hour --24

Councilwoman Sanchez

So we25 298 6/3/09 COMMITTEE ON STREETS & SERVICES1 don't have any --2

Ms. Schatz

So we don't --3 (Indiscernible; parties talking4 over each other.)5

Mr. Greenberger

We just to6 need to deal with it in --7

Ms. Schatz

In our own code.8

Councilwoman Sanchez

Okay. I9 just wanted to make sure with this, we10 would be fixing whatever the glitch is.11 Okay.12 COUNCILMAN DiCICCO: Any other13 questions?14 (No further questions.)15 COUNCILMAN DiCICCO: Thank you.16 Thank you for your patience.17 Next witness, please.18 (Witness comes forward.)19

Ms. Stewart

Good evening,20 members of the Committee on Streets and21 Services and Councilman DiCicco. Thank22 you for allowing me to testify today. My23 name is Sarah Clark Stewart. I'm with24 the Bicycle Coalition of Greater25 299 6/3/09 COMMITTEE ON STREETS & SERVICES1 Philadelphia, and I'm here to testify on2 Bill 090444. 4 In reading this ordinance, this5 ordinance does maintain that6 Philadelphia's traffic code with respect7 to bicycle-riding on sidewalks is8 stricter than the State code. 11 This ordinance does not do that12 today. 20 First of all, we don't want to21 see this bill drive people off of the22 road -- who are bicycling off of the23 roadway onto sidewalks. We don't think24 that that's the intention of this bill,25 300 6/3/09 COMMITTEE ON STREETS & SERVICES1 but we certainly don't want that to2 happen3 There are many arterial roads4 in Philadelphia that are in poor5 condition, such as Roosevelt Boulevard,6 where it's not safe to bike on the7 roadway. 18 We are supportive of the19 increase in fine that's in this bill, but20 we also want to just point out that in21 cases such as Roosevelt Boulevard, where22 it's very unsafe to bicycle -- to ride23 your bike in the roadway, it would be a24 shame if, all of a sudden, people were25 301 6/3/09 COMMITTEE ON STREETS & SERVICES1 getting higher fines by bicycling on the2 sidewalk. 4 With respect to the issue that5 Councilwoman QuiƱones-Sanchez raised, the6 City's code does have a section that we7 think should be repealed altogether. And8 today -- in the bill that you receive9 today with the amendment, the problem10 that exists of having -- where the City11 code says if you're -- if you have a side12 path next to a roadway, you have to get13 on the -- you can't be in the roadway at14 all, it fixes it for the circumstances of15 where the Planning Commission or Streets16 Department designates an area17 We think that the City's code18 in its Section 12-8042 should be19 completely repealed. And, again, we'd20 like to work with the Council and with21 City Planning to address that22 comprehensively as a policy in the very23 near future. 20 Sidewalk riding is --21 particularly in business districts, is22 unsafe. 6 What is needed very much so is7 a public education campaign. It's not8 only bicyclist that need to be educated;9 motorists need to be educated,10 pedestrians need to be educated. 20 It's in my written testimony, which I'll21 submit. 4 I just have one thought. A5 traffic or judge friend of mind, Judge6 Thomasina Tynes, mentioned to me a while7 ago about, I think in California -- I may8 be mistaken -- that bicycle owners are9 required to have a license plate. 11

Ms. Stewart

I'm not familiar12 with that in particular.13 COUNCILMAN DiCICCO: For the14 purpose identifying -- someone is riding15 on the sidewalk, runs into somebody,16 takes off. We don't want to discourage17 people from using bikes; we want to18 encourage them.19

Ms. Stewart

Right.20 COUNCILMAN DiCICCO: I thought21 it was a pretty novel idea, and I didn't22 know if you had any -- do you know of any23 municipalities that are doing that?24

Ms. Stewart

I have not heard25 305 6/3/09 COMMITTEE ON STREETS & SERVICES1 of a municipality in which a registration2 of that kind of scale law really has been3 effective.4 This is a -- I think this sort5 of drifts over into a big issue of6 enforcement generally, which is, as we7 heard in the prior discussions, very8 difficult because there is no enforcement9 of most traffic laws.10 COUNCILMAN DiCICCO: But it11 becomes even more difficult to enforce if12 there's no identification as to the -- in13 this case, a bicycle, and it just keeps14 going.15

Ms. Stewart

True.16 COUNCILMAN DiCICCO: It's just17 a thought.18

Ms. Stewart

I will look into19 this.20 COUNCILMAN DiCICCO: Yeah, if21 you do, if you find anything, I'd like22 for to you share that with me.23

Ms. Stewart

Year.24 COUNCILMAN DiCICCO: And I'll25 306 6/3/09 COMMITTEE ON STREETS & SERVICES1 share that with my committee 'cause it's2 something that we may want to look at3 doing going forward.4 Thank you.5

Ms. Stewart

You're welcome.6 COUNCILMAN DiCICCO: I7 appreciate you spending all of the time8 here.9

Ms. Stewart

You're welcome.10 COUNCILMAN DiCICCO: Thank you.11 Mr. Abernathy?12

Mr. Abernathy

Bill No.13 090262, an ordinance amending Section14 9-211 of the Philadelphia Code, entitled15 "Boxes for the Distribution of News and16 Printed Material," by including certain17 areas in the vicinity of Manayunk and18 adding additional requirements, under19 certain terms and conditions.20 And Bill No. 090388, an21 ordinance amending Section 9-213 of the22 Philadelphia Code, entitled "Farmers23 Markets," by adding as a permissible24 location Canal View Park, all under25 307 6/3/09 COMMITTEE ON STREETS & SERVICES1 certain terms and conditions.2 (Witness comes forward.)3

Mr. Crowngold

Good evening,4 Councilman Jones, Councilman DiCicco,5 Councilwoman Sanchez, and all of the6 members of the Streets and Services7 Committee. Good evening. My name is Sam8 Crowngold. I'm the owner of Propper9 Brothers Furniture Store in Manayunk, and10 I'm also currently the treasurer of11 Manayunk Development Corporation. Thank12 you for this opportunity to testify in13 support of ordinance No. 090262.14 The Manayunk Development15 Corporation (MDC) is a nonprofit16 organization dedicated to enhancing the17 economic base and esthetic environment of18 the Manayunk Commercial District and to19 promoting and advancing economic vitality20 through education, advocacy, and21 outreach.22 MDC is also the sponsor and23 executor of the Manayunk Special Services24 District, a municipal authority. The25 308 6/3/09 COMMITTEE ON STREETS & SERVICES1 MSSD's mission is to create a clean,2 attractive, safe, and well-managed3 business district so that Manayunk can4 successfully compete as an environment in5 which to do business, live, shop, dine6 and visit.7 MDC supports this ordinance to8 allow for publishers' boxes at the9 following locations: Main and Leverage10 Streets, Main and Cotton, Main and Locke,11 and Carson and Kresson, but not including12 the corner of south of Kresson Street and13 west of Carson in the Manayunk commercial14 zone. Manayunk Development Corporation15 believes it will help to eliminate blight16 in our district.17 Presently, the honor boxes18 located throughout our district are19 placed indiscriminately on sidewalks,20 many are chained to light posts. The21 boxes block the right-of-way and hinder22 the flow of pedestrian traffic along our23 commercial corridors.24 In addition, many honor boxes25 309 6/3/09 COMMITTEE ON STREETS & SERVICES1 in our district are ill-maintained2 magnets for graffiti and other forms of3 vandalism. They are eyesores that4 contribute to blight in our district.5 We believe that designating6 these areas for the honor boxes will7 greatly benefit the district, it will8 ensure that boxes are properly placed in9 a designated area and facilitate10 maintenance of the boxes.11 This legislation has had a12 positive impact on the sidewalks. The13 honor boxes are better maintained, are14 more esthetically pleasing, and do not15 inhibit pedestrian traffic as a result of16 enforcing these regulations in the Center17 City District, where this ordinance is18 enforced.19 We would like to see a similar20 change in Manayunk, one of the City's21 best known historic and commercial22 districts23 On behalf of the Manayunk24 Development Corporation Board of25 310 6/3/09 COMMITTEE ON STREETS & SERVICES1 Directors, I urge you to pass this2 legislation.3 Thank you very much4 COUNCILMAN DiCICCO: Thank you.5 Mr. Haigler, please, your6 testimony.7

Mr. Haigler

Good evening,8 Councilman -- Chairman DiCicco and9 members of the committee. I am Otis10 Haigler, Jr., Director of Legislative11 Affairs for the Department of Licenses12 and Inspections.13 And in the interest of time I14 have submitted my testimony in support of15 this bill. And the only thing that I16 would add to that is that we would be17 pleased to work with the Manayunk18 Development Corporation to deal with any19 issues that we have to have with20 enforcement.21 Thank you.22 COUNCILMAN DiCICCO: Thank you.23 Thank you, sir. Do you have a24 furniture store in South Philly as well?25 311 6/3/09 COMMITTEE ON STREETS & SERVICES1

Mr. Crowngold

That is my2 family's business since 1892. I'm with3 Propper Brothers Furniture in Manayunk.4 COUNCILMAN DiCICCO: Okay. I5 knew the name.6

Mr. Crowngold

Yes, yes.7 COUNCILMAN DiCICCO: I'm very8 familiar with it. Thank you for your9 patience.10

Mr. Crowngold

That's quite11 all right.12 COUNCILMAN DiCICCO: I just13 have a question.14

Mr. Crowngold

Yes.15 COUNCILMAN DiCICCO: Otis16 remembers this. We dealt with this a17 long time ago. We tried to get citywide18 enforcement of corrals, narrowed it down19 to Center City.20 Have you gotten any pushback21 yet from any of the folks who may be22 using honor boxes today? You know, a big23 issue in Center City was the number of24 boxes in a corral, who would be the honor25 312 6/3/09 COMMITTEE ON STREETS & SERVICES1 boxes that would be allowed to be in2 there, and then all the other things that3 go with it. It was quite an ordeal.4 I was just wondering, have you5 taken any of that into consideration?6

Mr. Crowngold

I --7 COUNCILMAN DiCICCO: To you,8 sir, Mr. Cromwell, I support what you're9 doing. I think it's the right thing to10 do.11

Mr. Crowngold

Number one, in12 Manayunk, we, two or three years ago, had13 over 55 honor boxes in a three-quarter-14 of-a-mile strip of Main Street. Over the15 past three-and-a-half years, they have16 dissipated down to 27 or 29 at the last17 count -- that's on Main Street and18 Kresson Street.19 What we have is an20 overabundance of honor boxes from the21 same publishers at every corner. They,22 in many cases, are chained to public23 poles, utility poles. In many cases,24 they are blocking a pedestrian25 313 6/3/09 COMMITTEE ON STREETS & SERVICES1 right-of-way or the grooved-out area for2 handicap or disabled passage.3 COUNCILMAN DiCICCO: The ramp.4

Mr. Crowngold

They are a5 magnet for graffiti and stickers and6 posters. And if we can have one from7 each publisher in each of these spaces8 only, that would make Manayunk a much9 more attractive place for our visitors,10 shoppers -- and, hopefully, furniture11 buyers -- to come and visit.12 COUNCILMAN DiCICCO: Yeah, I13 agree, we all agree on that. And it is a14 pollution, a visual pollution sometimes,15 and sometimes it's a public safety issue16 as well.17

Mr. Crowngold

Yes.18 COUNCILMAN DiCICCO: Just be19 prepared. You may have some issues going20 forward with folks who feel as though21 they're being discriminated against in22 terms of being able to be in that corral.23 And your District Councilperson, I'm sure24 will help you monitor --25 314 6/3/09 COMMITTEE ON STREETS & SERVICES1

Mr. Crowngold

We will monitor2 very carefully to make sure that3 everybody that wants to be is4 represented.5 They also need to have their6 honor boxes licensed through L&I.7 COUNCILMAN DiCICCO: Yeah.8

Mr. Crowngold

And in the9 Manayunk District, of the 27 or 29 at10 last count boxes on the streets, there is11 only one box that has the --12 COUNCILMAN DiCICCO: The13 sticker.14

Mr. Haigler

Well, at the15 present time, the licensing provisions16 only apply to certain areas of the City,17 and primarily Center City and any other18 area where the provisions of 9-211 have19 been expanded to, so it's not citywide.20 There's no citywide requirement for the21 licensing of honor boxes.22 COUNCILMAN DiCICCO: Think.23 Councilman Jones.24

Councilman Jones

Sam, I just25 315 6/3/09 COMMITTEE ON STREETS & SERVICES1 want to thank you so very much for your2 patience today and representing the3 Manayunk Development Corporation and the4 work you put in, your longevity on the5 corridor, and what you mean to that6 commercial strip, and I want to thank you7 for your patience today.8 You heard a lot of things you9 probably wish you didn't today, but I'm10 thankful that you maintained and stayed11 the course.12

Mr. Crowngold

Thank you,13 Councilman.14

Councilman Jones

Very15 quickly. Did I understand in your16 testimony that you wanted one of the17 boxes removed? Did I hear see you say18 that?19

Mr. Crowngold

One of the20 boxes removed?21

Councilman Jones

Yeah, one of22 the corners eliminated? That was not in23 your testimony?24

Mr. Crowngold

No, it was not.25 316 6/3/09 COMMITTEE ON STREETS & SERVICES1

Councilman Jones

I just --2

Mr. Crowngold

I went along3 with the way it was written. I believe4 you wanted three areas to have boxes.5 And as much as --6

Councilman Jones

That's all7 right. I just wanted it clarified.8

Mr. Crowngold

As much as I9 would rather have one, I go along with10 the three.11

Councilman Jones

And we12 appreciate you for it.13

Mr. Crowngold

Thank you.14 COUNCILMAN DiCICCO: Any other15 questions for this witness?16 (No further questions.)17 COUNCILMAN DiCICCO: Any other18 witnesses to testify on this bill?19 (No response.)20 COUNCILMAN DiCICCO: Seeing21 none, thank you, sir.22 Oh, I'm sorry.23

Mr. Crowngold

No, next I have24 Ordinance No. 090388.25 317 6/3/09 COMMITTEE ON STREETS & SERVICES1 COUNCILMAN DiCICCO: I didn't2 know that. Do you have any testimony?3 On that?4

Mr. Crowngold

Yes. Good5 morning, Councilman Jones, DiCicco, Reed,6 Greenlee, and Sanchez. 7 I am no longer -- Laurie Jones8 is in your written testimony. I am Sam9 Crowngold, Treasurer of the Manayunk10 Development Corporation. Thank you for11 this opportunity to testify in support of12 Ordinance No. 5 MDC supports City Council6 passage of Ordinance No. 11 Farmers markets, particularly12 neighborhood urban farmers markets like13 the one we are proposing, have increased14 in popularity. 19 This increase is both the cause20 and the result of the growing local food21 movement in Philadelphia and the rest of22 the country. 23 MDC is undergoing a comprehensive24 strategic-planning process. 4 Survey respondents listed5 farmers market as one of the top three6 improvements that would encourage them to7 visit Manayunk more often. 11 We solicited feedback about12 where and when to locate a market in the13 district. m. 23 We are partnering with Farm To24 City, a local nonprofit that manages25 321 6/3/09 COMMITTEE ON STREETS & SERVICES1 several other markets in the Greater2 Philadelphia area. 6 Passage of Bill No. 0903887 would allow to us open our market this8 month possibly during our Second Saturday9 promotion, June the 13th. 16 And if you have any questions,17 we put a lot of time and effort into18 research into deciding the placement of19 the market within the community, the20 parking implications, the shopping21 implications, the need, the desire, et22 cetera. 6

Mr. Haigler

Uh --7 COUNCILMAN DiCICCO:8 Mr. Haigler.9

Mr. Haigler

Good evening,10 Councilman Chairman DiCicco and members11 of the committee. I am Otis Haigler,12 Jr., Director of Legislative Affairs for13 the Department of Licenses and14 Inspections.15 You have my written testimony.16 We do not object to the passage of this17 bill. Thank you.18 COUNCILMAN DiCICCO: Thank you.19 I'm sorry. I didn't mean to be rude.20 It's a call I've been waiting for all21 day.22 Any other questions comments?23 (No questions or comments.)24 COUNCILMAN DiCICCO: Thank you.25 323 6/3/09 COMMITTEE ON STREETS & SERVICES1

Mr. Crowngold

Thank you very2 much, Chairman. Thank you very much,3 committee.4

Mr. Abernathy

12 And Bill No. 18 And Bill No. 23 And Bill No. 4 And Bill No. 12 And Bill No. 17 And Bill No. 3 Bill No. 9 And Bill No. 18 And Bill No. 3 And Bill No. 12 Bill No. 21 And Bill No. 25 327 6/3/09 COMMITTEE ON STREETS & SERVICES1 And Bill No. 6 And Bill No. 10 And Bill No. 15 Mr. 16

Mr. Haigler

Yes.17 COUNCILMAN DiCICCO: Can you do18 a blanket, like: "Haigler for all that19 all that has been read into the record,"20 or something like that?21

Mr. Haigler

Only two. I'm22 sorry, I can do only two.23 COUNCILMAN DiCICCO: Okay.24

Mr. Haigler

But in reference25 328 6/3/09 COMMITTEE ON STREETS & SERVICES1 to Bill No.'s 090329 and 090406, my name2 is Otis Haigler, Jr., Director of3 Legislative Affairs for the Department of4 Licenses and Inspections.5 You have my written testimony,6 and The department offers no objections7 to those bills.8 COUNCILMAN DiCICCO:9 Mr. Haigler, this concludes your10 testimony, right?11

Mr. Haigler

That concludes my12 testimony.13 COUNCILMAN DiCICCO: And for14 all the other bills, I believe there's15 testimony in favor by the Administration16 except the bill that is now being17 discussed by Mr. Denny and Mr. Fenerty18 regarding a red light camera at Aramingo19 and York.20 (Witnesses come forward.)21 COUNCILMAN DiCICCO: Thank you.22 Good evening, gentlemen.23 Mr. Fenerty, are you beginning24 the conversation?25 329 6/3/09 COMMITTEE ON STREETS & SERVICES1

Mr. Fenerty

Yes,2 Mr. Chairman. If we could wait a few3 minutes, I have 37 witnesses that would4 like to testify.5 COUNCILMAN DiCICCO: We got all6 night. Don't worry about it. We got all7 night.8

Mr. Fenerty

Good afternoon,9 Mr. Chairman and members of the10 committee. 13 I'd like to thank Chairman14 DiCicco and the members of the committee15 for allowing me to testify. 19 I am testifying in favor of20 Bills 090382, 090386, 090391, and 009407,21 which would add four more intersections22 to the red light camera program in the23 City. 2 As always, I'd like to thank3 the Council for its past support for the4 program. There are now 64 cameras at 135 intersections, not including the six new6 cameras at the two intersections around7 City Hall. 20 Rising Sun and Adams is an21 intersection that is one of the worst in22 the City. 5 Thanks to the cooperation of6 Councilman Jones and his staff --7 particularly Joshua Cohen -- the Parking8 Authority has researched a number of9 intersections along Henry Avenue before10 proposing Walnut Street Lane at Henry11 Avenue. Henry Avenue is notorious for12 fast and aggressive driving, and the area13 around Walnut Lane is especially14 problematic. 19 The intersection at Aramingo20 and York Street is the last light before21 interstate 59 southbound at Girard22 southbound and is also the entrance to a23 busy shopping center. 5 I'd also like to add that, you6 know, I've witnessed this intersection7 myself firsthand almost daily. 12 Finally, there has been a13 number of serious -- and, in some cases,14 fatal -- accidents around Aramingo Avenue15 and Castor Avenue. The development of16 the commercial sector along this area has17 created more traffic, which has caused a18 dangerous situation that this19 intersection is a large part of. 25 333 6/3/09 COMMITTEE ON STREETS & SERVICES1 I would just like to note that2 this intersection was called to our3 attention by the battalion chief of4 Battalion 10, located out of Kensington5 and Castor, okay, and asked us to look at6 this one from the number of fire calls,7 et cetera, that they had had there. 16 Thank you again for the17 opportunity to testify before the18 committee this afternoon. 22 Mr. 23

Mr. Denny

Good evening again.24 My name is Charles Denny. I'm the25 334 6/3/09 COMMITTEE ON STREETS & SERVICES1 Assistant Chief Traffic Engineer with the2 Department of Streets and am here to3 testify on the four bills for4 red-light-running cameras, and I'll try5 abbreviate my testimony.6 Bill No. 090407 and 090382,7 which are red-light-running camera at8 Aramingo and Castor, and Rising Sun and9 Adams, which the Streets Department10 supports.11 The Streets Department12 generally supports the concept of the13 red-light-running cameras; however, on14 the other two, we do have some comments.15 Aramingo and York is the first16 intersection north of the Girard Avenue17 interchange with I-95 and is about to18 start construction. Should be bid this19 summer and then start construction20 sometime after. We have not done21 red-light-running cameras in the area of22 construction, and I think the Parking23 Authority needs to work with PennDOT in24 terms of what the detours are through the25 335 6/3/09 COMMITTEE ON STREETS & SERVICES1 construction site.2 This intersection is on the3 north end of the construction site but4 will be affected by the construction site5 and actually will be rebuilt as a part of6 the construction.7 COUNCILMAN DiCICCO: Before you8 go any further, Mr. Fenerty, what is your9 opinion of that? I see you shaking your10 head.11

Mr. Fenerty

I just became12 aware of this today. Naturally, PennDOT13 traffic engineers would have to approve14 whatever construction there would be. We15 would be always more than willing to work16 with them. And rather than come back to17 Council again, I would hope that the18 Streets Department would agree to move19 forward with this one, and we would build20 that into the time frame that the21 engineers at PennDOT would do.22 COUNCILMAN DiCICCO: In other23 words, pass the bill and then work out24 the details on the installation?25 336 6/3/09 COMMITTEE ON STREETS & SERVICES1

Mr. Fenerty

Yes.2 COUNCILMAN DiCICCO: And you3 all would agree on that before --4

Mr. Denny

Yes.5 COUNCILMAN DiCICCO: Okay.6

Mr. Fenerty

Before we install7 anything, we have to have an okay from8 the Secretary of Transportation.9 COUNCILMAN DiCICCO: If that10 works for Streets, then it works for us.11

Mr. Fenerty

That's fine.12 COUNCILMAN DiCICCO: Thank you.13

Mr. Fenerty

Thank you.14

Mr. Denny

Then on Bill No.15 090486, which is the red-light-running16 enforcement system at Henry Avenue and17 Walnut Lane, we support the concept, but18 Walnut Street and Henry Lane are19 post-mounted traffic signals, and it does20 not meet current standards. We believe21 that mast arms should be added before red22 light enforcement is done.23 COUNCILMAN DiCICCO: Any24 questions for these witnesses?25 337 6/3/09 COMMITTEE ON STREETS & SERVICES1 (No questions or comments.)2 COUNCILMAN DiCICCO: Any other3 concerns?4

Mr. Fenerty

I think Mr. Denny5 had a concern about Walnut.6 COUNCILMAN DiCICCO: Yeah.7

Mr. Fenerty

The technology we8 have now with digital cameras, we9 believe -- did a VIN study -- that10 they're similar to the one at Walnut11 Street at 58, and the technology would12 support it.13 And I became aware of the14 concerns of the Streets Department when15 Deputy Mayor Cutler called me yesterday.16 And it wasn't until Mr. Vogler told me17 today. I had forgotten we didn't have18 mast arms at Walnut Street. We believe19 the technology would support it.20 If our engineers and traffic21 engineers agree that mast arms need to be22 put there, the Parking Authority, I23 believe, has the full capability of24 funding the mast arms from the profits of25 338 6/3/09 COMMITTEE ON STREETS & SERVICES1 the program. And that's how we would2 solve that.3 I was not fully aware of an4 objection from the Streets Department5 until today. It was not communicated. I6 was just asked about the mast arms.7 So I think this is something,8 since we have a very good work9 relationship with Streets, which can be10 resolved down the line. I know11 Councilman Jones has suggested upwards of12 eight or ten intersections in his13 district to be studied.14 And I think if Mr. Denny would15 agree, we can work this out and see if16 the technology is good enough to do17 further testing. If a mast arm is -- if18 mast arms are needed there, I believe we19 can pay for that from the profits of the20 program at the direction of the Streets21 Department to install them and reimburse22 the City.23 COUNCILMAN DiCICCO: If all24 those conditions were met by the Parking25 339 6/3/09 COMMITTEE ON STREETS & SERVICES1 Authority, Mr. Denny, then would there2 still be objection or no?3

Mr. Denny

No. And PennDOT4 has to approve it. And then we'll concur5 with PennDOT's decision as well.6 COUNCILMAN DiCICCO: So just a7 question. Do we vote it out -- we can8 vote it out today?9

Mr. Denny

Yeah. I was10 supporting the concept; I was just11 recommending that mast arms be installed.12 COUNCILMAN DiCICCO: Okay.13

Mr. Fenerty

We need to look14 at it. If the Streets Department15 engineers think that the mast arms are16 needed, I would like to get them with17 the -- at least have them speak with the18 engineers from --19 COUNCILMAN DiCICCO: Well, what20 about if we vote it out favorably. We21 have a suspension to hold off on final22 passage until these issues have been23 addressed all the way around. Would that24 work?25 340 6/3/09 COMMITTEE ON STREETS & SERVICES1

Mr. Fenerty

That would be2 fine.3 COUNCILMAN DiCICCO: Whose4 district would this --5

Mr. Fenerty

That's Councilman6 Jones's.7 If I may suggest -- and I don't8 know the rules of Council. Would it be9 appropriate to pass it upon final passage10 before the recess and then we work this11 out as we move along rather than delay it12 another three months?13 COUNCILMAN DiCICCO: As long as14 there's an understanding -- and the15 record will reflect -- that noting will16 take place until the all the I's have17 been dotted and the T's have been18 crossed.19

Mr. Fenerty

I have a had a20 brief, two-minute conversation with21 Mr. Denny before we started.22 COUNCILMAN DiCICCO: Okay.23

Mr. Fenerty

And I would24 definitely concur to that.25 341 6/3/09 COMMITTEE ON STREETS & SERVICES1

Mr. Denny

That is okay with2 me.3 COUNCILMAN DiCICCO: Okay.4 Well, then we'll do it that way. Thank5 you.6 Any other questions, comments?7 No?8 (No further questions or9 comments.)10 COUNCILMAN DiCICCO: Seeing11 none, this concludes the public hearing12 on the Committee on Streets and Services.13 We'll now go into the public meeting.14 Councilman Greenlee will read15 the titles of the bills that are not16 amended and then we'll go back and do the17 amended bills.18

Councilman Greenlee

Thank19 you, Mr. Chair.20 I move the following bills:21 09012222 09025923 09026224 09026625 342 6/3/09 COMMITTEE ON STREETS & SERVICES1 0902902 0902913 0903204 0903295 0903826 0903867 0903888 0903919 09040210 09040311 09040412 09040613 09040714 09040915 09043616 09043817 09044118 09044219 I move that all those bill be20 reported out of this committee with a21 favorable recommendation and move further22 that the rules of Council be suspended to23 allow them to be heard for first reading24 at our next session of Council.25 343 6/3/09 COMMITTEE ON STREETS & SERVICES1 (Motion duly seconded.)2 COUNCILMAN DiCICCO: It's been3 properly moved and seconded that all of4 the bills that have just been read into5 the record by Councilman Greenlee be6 approved with a rules suspension.7 All those in favor will signify8 by saying aye.9 Those opposed?10 All those bills have been11 approved.12 I will now refer to Councilman13 Greenlee on the amended bills.14

Councilman Greenlee

Thank15 you, Mr. Chair.16 I move the adoption of the17 amendment to Bill No. 090123.18 (Motion duly seconded.)19 COUNCILMAN DiCICCO: It's been20 properly moved and seconded that the21 amendment to Bill No. 090123 be approved.22 All in favor will signify by23 saying aye.24 Those opposed?25 344 6/3/09 COMMITTEE ON STREETS & SERVICES1 The ayes have it, the motion2 carries.3 Councilman Greenlee.4

Councilman Greenlee

Thank5 you, Mr. Chairman.6 I move that Bill No. 090123, as7 amended, be reported out of this8 committee with a favorable recommendation9 and move further that the rules of10 Council be suspended to allow for first11 reading at our next session of Council.12 (Motion duly seconded.)13 COUNCILMAN DiCICCO: It's been14 properly moved and seconded that Bill No.15 090123, as amended, be reported out of16 this committee with a favorable17 recommendation and that the rules of18 Council be suspended in order to allow19 for first reading at our next Council20 session.21 All those in favor will signify22 by saying aye.23 Those opposed?24 The ayes have it and the bill25 345 6/3/09 COMMITTEE ON STREETS & SERVICES1 is approved.2 Councilman Greenlee.3 COUNCILMAN GREENLEE:4 Mr. Chairman, I move the approval of the5 amendment to Bill No. 090387.6 (Motion duly seconded.)7 COUNCILMAN DiCICCO: It's been8 properly moved and seconded that the9 amendment to Bill No. 090387 be approved.10 All in favor will signify by11 saying aye.12 Those opposed?13 The ayes have it, the14 amendment's approved.15 Councilman Greenlee.16 COUNCILMAN GREENLEE:17 Mr. Chairman, I move that Bill No.18 090387, as amended, be reported out of19 this committee with a favorable20 recommendation and a rules suspension to21 allow for first reading at our next22 session of Council.23 (Motion duly seconded.)24 COUNCILMAN DiCICCO: It's been25 346 6/3/09 COMMITTEE ON STREETS & SERVICES1 properly moved and seconded that Bill No.2 090387, as amended, be reported out of3 this committee with a favorable4 recommendation and that the rules of5 Council be suspended in order to allow6 for first reading at our next Council7 session.8 All those in favor will signify9 by saying aye.10 Those opposed?11 The ayes have it and the bill's12 approved.13 Councilman Greenlee.14

Councilman Greenlee

Mr. Chair15 man, I move that the approval of the16 amendment to Bill No. 090444.17 (Motion duly seconded.)18 COUNCILMAN DiCICCO: It's been19 properly moved and seconded that the20 amendment to Bill No. 090444 be approved.21 All in favor will signify by22 saying aye.23 Those opposed?24 The ayes have it, the motion25 347 6/3/09 COMMITTEE ON STREETS & SERVICES1 carries.2 Councilman Greenlee.3

Councilman Greenlee

Thank4 you, Mr. Chairman.5 I move that Bill No. 090444, as6 amended, be reported out of this7 committee with a favorable recommendation8 and that the rules of Council be9 suspended so as to allow for first10 reading at our next session of Council.11 (Motion duly seconded.)12 COUNCILMAN DiCICCO: It's been13 properly moved and seconded that Bill No.14 090444, as amended, be reported out of15 this committee with a favorable16 recommendation and that the rules of17 Council be suspended in order to allow18 for first reading at our next Council19 session.20 All those in favor will signify21 by saying aye.22 Those opposed?23 The ayes have it and the bill24 is approved.25 348 6/3/09 COMMITTEE ON STREETS & SERVICES1 This concludes the public2 meeting on the Committee of Streets and3 Services. I thank all my committee4 members and everyone else who5 participated in these hearings today.6 Have a good evening.7 (Proceedings end at 7:10 p.m.)8 * * *9 10 11 12 349 C E R T I F I C A T E2 I HEREBY CERTIFY that the4 proceedings of the City of Philadelphia5 Council Committee on Streets and Services are6 contained fully and accurately in the7 stenographic notes taken by me on Wednesday,8 June 3, 2009, and that this is a true and9 correct statement of same.10 __________________________________ JOSEPHINE CARDILLO Registered Professional Reporter15 (The foregoing certification of20 this transcript does not apply to any21 reproduction of the same by any means, unless22 under the direct control and/or supervision of23 the certifying reporter.)24