COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON STREETS AND SERVICES - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, December 3, 2008 2:25 p.m. - - - PRESENT: COUNCILMAN FRANK DiCICCO, CHAIR COUNCILMAN BILL GREEN COUNCILMAN WILLIAM GREENLEE COUNCILMAN JAMES F. KENNEY COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILMAN CURTIS JONES, JR. BILLS 080587, 080623, 080624, 080749, 080757, 080760, 080761, 080762, 080792, 080793, 080794, 080796, 080802, 080803, 080804, 080833, 080834, 080836, 080852, 080878, 080880, 080883, 080900, 080902, 080903, 080904 and 080905 - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2 COUNCILMAN DiCICCO: Good afternoon, everyone. This is the public hearing on the Committee of Streets and Services. We do have a quorum. To my immediate right is Councilman Green. To my immediate left is Councilman Greenlee. And Councilwoman Sanchez is here. So we do have a quorum. Bill No. 080587, Bill No. 12 080749, Bill No. 080762, Bill No. 080792, Bill No. 080793 and Bill No. 080802 are being held. All other bills will be heard, unless we're told otherwise. So I'll ask Mr. Abernathy to read the title of the first bill, please.
Bill No. 080760, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 307 by relocating the westerly curb line and house line of 15th Street between Arch Street and Cherry Street, all under certain terms and conditions. 3 12/3/08 - STREETS - BILL 080587, etc. COUNCILMAN DiCICCO: Let the record reflect that Councilman Jones, who is a member of this Committee, is also present. (Witnesses approached witness table.) COUNCILMAN DiCICCO: Good afternoon, gentlemen. Please proceed with your testimony.
Good afternoon, Mr. Chairman and members of the Committee. My name is Frank Morelli, Survey Bureau Manger of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 080760. This is not an administrative ordinance, but an ordinance requested by Mr. William G. Schwartz, Esquire, of Obermayer, Rebmann, Maxwell and Hippel. The purpose of this ordinance 23 is to widen 15th Street, which will facilitate traffic moving in this area in conjunction with the construction of the 4 12/3/08 - STREETS - BILL 080587, etc. new Family Court Building. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.
May it please the Committee, as you know by now -- COUNCILMAN DiCICCO: For the record, your name, please.
Oh, I'm sorry. William G. Schwartz. I'm with the Obermayer law firm. We're representing the Family Court system. As you probably know by now, there is a multi-story, 15-story, building proposed for 15th and Arch Streets, which will house the Family Court system, which is currently at 1801 Vine Street and also down at 34 South 11th Street and some other properties, and they're all going to combine here in one building. And this has been long in coming. We finally have $200 million appropriated in the State's budget for 5 12/3/08 - STREETS - BILL 080587, etc. this. In essence, the City is getting a free courtroom building. We're now at the point of moving forward. We seem to have everyone in agreement on this. The widening of 15th Street will be in consonance with the widened portion opposite Municipal Services Building and Love Fountain, because that's already been widened. So this will just allow for that to go further north. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else who wishes to testify for or against this bill? (No response.) COUNCILMAN DiCICCO: Thank you. Seeing none, Mr. Abernathy, the title of the next bill.
Well, may it please the Committee, I would ask if 6 12/3/08 - STREETS - BILL 080587, etc. possible because a companion bill is already on for final reading at tomorrow's Council session, that if you could suspend the rules and ask for the first reading. COUNCILMAN DiCICCO: That will certainly be taken under consideration. Thank you.
Bill No. 080905, an ordinance authorizing the Philadelphia Regional Port Authority, the owner and developer of 1901 South Christopher Columbus Boulevard, and its successors and assigns to construct, own and maintain various encroachments to be installed in conjunction with a warehouse development, all under certain terms and conditions. (Witnesses approached witness table.)
Good afternoon, Chairman DiCicco and members of the Streets and Services Committee. I am 7 12/3/08 - STREETS - BILL 080587, etc. William Erickson, a City Planner with the Development Planning Division of the Philadelphia Planning Commission. I am here to testify on Bill No. 080905 introduced by Councilman DiCicco on November 20, 2008. This street bill is authorizing the Philadelphia Regional Port Authority, the owners and developers of 1901 South Christopher Columbus, to construct, own and maintain various encroachments, a railroad crossing, within the northbound travel lanes and the easterly footway of South Christopher Columbus Boulevard in conjunction with a paper warehouse development. The Philadelphia Planning Commission has scheduled this item at its next meeting. Therefore, the staff of the Planning Commission recommends that Bill 080905 be held. COUNCILMAN DiCICCO: Be held?
Well, it's scheduled for our next Planning 8 12/3/08 - STREETS - BILL 080587, etc. Commission meeting. It's scheduled for the 16th. COUNCILMAN DiCICCO: Thank you.
Good afternoon, Chairman and members of the Committee. My name is Robert Black. I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 080905. Bill No. 080905, granting permission to the Philadelphia Regional Port Authority to construct, own and maintain various encroachments at 1901 Christopher Columbus boulevard, as follows: Building rail track on northbound lanes South Columbus Boulevard and east footway rail track: The proposed at-grade rail track will provide rail service to the proposed warehouse from the Beltline Railroad operated by Conrail, which is located in the center median of South Christopher Columbus Boulevard across the northbound lanes of 9 12/3/08 - STREETS - BILL 080587, etc. South Christopher Columbus Boulevard, onto the east footway of South Christopher Columbus Boulevard and into the proposed warehouse. Building encroachment under Christopher Columbus Boulevard, pile-supported structure: The proposed pile-supported structure is approximately 30 feet long by feet wide. The 11 pile-supported structure, located 20 feet 12 south of the intersection of Mifflin Street with South Christopher Columbus Boulevard, encroaching approximately 10 feet, 1 inch onto the east footway of South Christopher Columbus Boulevard. The western approach projects approximately 14 feet, 8 inches onto the east footway of South Christopher Columbus Boulevard. The Streets Department has reviewed the preliminary construction plans for this project and has no 24 objections to the passage of the bill. COUNCILMAN DiCICCO: Thank you. 10 12/3/08 - STREETS - BILL 080587, etc. Mr. Meehan, do you wish to testify?
Just to offer -- my name is Michael Meehan. I represent the Philadelphia Regional Port Authority. The Port Authority has built a $26 million warehouse in order to attract additional forest products being -- cargo attracted to the Port of Philadelphia. We request that this be passed at the earliest possible date. We understand -- this is the first notice I've had about the Planning Commission, and the only request that I have is that if the Council must defer until the Planning Commission, that it be passed at the earliest possible date once they've completed their work. COUNCILMAN DiCICCO: Thank you. My understanding is that there's the 45-day requirement?
Yes, there is. COUNCILMAN DiCICCO: What will next Thursday bring us to? Will we have 11 12/3/08 - STREETS - BILL 080587, etc. met the 45-day requirement by next Thursday?
Actually, November 20th it was introduced. COUNCILMAN DiCICCO: So we would not have met the 45 days. So if we vote it out favorably, even if we get the rules suspension, it still, under the Charter, has to wait 45. So when we come back after the recess, on that first day, it would be second and final reading.
Thank you. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.
Bill No. 080623, an 12 12/3/08 - STREETS - BILL 080587, etc. ordinance amending Section 11-611 of The Philadelphia Code, entitled "Sidewalk and Roadway Lane Closures," by amending the provisions regulating the application for and issuance of permits for the temporary closure of a sidewalk and roadway lane, including adding new conditions to such permits, providing for building permit revocation and stop work orders for violations, by clarifying that such permits are issued by the Streets Department, and by making certain technical amendments, all under certain terms and conditions; and Bill No. 080624, an ordinance 17 amending Title 4 of The Philadelphia Code, entitled "The Philadelphia Building Construction and Occupancy Code," by amending Subcode B, "The Philadelphia Building Code," by amending the provisions of Chapter 33, "Safeguards During Construction," including provisions relating to the protection of pedestrians, all under certain terms and 13 12/3/08 - STREETS - BILL 080587, etc. conditions. (Witness approached witness table.) COUNCILMAN DiCICCO: Thank you. Councilman Kenney, I understand you have some opening remarks.
Thank you, Mr. Chairman, for the opportunity to speak briefly before these two bills. Over the past few years, Philadelphia has seen the addition of the tallest building in the City, the Comcast Center, several new condominium developments and the beginnings of the expansion of the Pennsylvania Convention Center. These and other projects promise to boost the economy and business environment of Philadelphia and attract more residents. However, many of these development projects have overlooked another aspect of what makes our City great: pedestrians. Too often, contractors and developers are given the green light to 14 12/3/08 - STREETS - BILL 080587, etc. close sidewalks adjacent to construction sites. Often sidewalks remain closed for months when no work is being done on the site, or simply for storage of equipment. Pedestrians are forced to cross back and forth across the street to get around these closed sidewalks, and many people cross mid-block or walk in the street, greatly increasing the risk of injury. Council has already passed legislation limiting the length of closures and prohibiting contractors from parking their vehicles on sidewalks, and we must continue to protect pedestrians by increasing the number and safety of covered walkways around construction projects throughout the City. Other cities have embraced covered sidewalks. In the hearing last spring, we heard from New York City officials who testified that sidewalk sheds are widely used there and are effective at maintaining pedestrian flow through construction sites while not 15 12/3/08 - STREETS - BILL 080587, etc. interfering with the construction itself. Sheds there have in several instances prevented injuries by catching falling debris. Other cities and states, including Washington, D.C.; Chicago; Massachusetts; Connecticut and Minnesota, require sidewalk sheds in certain circumstances. It is time to add Philadelphia to that list. As our city, especially our downtown, continues its revival, it is imperative to protect pedestrians from both traffic and construction debris, and covered walkways are the more effective way to do both. Bill 080623 would require that before a sidewalk closure is granted, a written determination that a covered walkway is impractical must be issued. This will ensure that covered walkways must be fully considered for the site before a closure is granted. Bill No. 080624 would amend the Building Code to increase the live load 16 12/3/08 - STREETS - BILL 080587, etc. weight limit of covered walkways from 150 pounds per square foot to 300 pounds per square foot. This change has been approved by the Pennsylvania Department of Labor and Industry and would ensure greater protection for those using the covered walkways. I'd like to thank the Chairman for his cooperation in getting us to this point, and I would like to thank the Building Construction Contractors Association, Walter Palmer and Lisa Godlewski, for being here today also. Thank you, Mr. Chairman. COUNCILMAN DiCICCO: Thank you, Councilman Kenney. Good afternoon, Ms. Cutler. Would you please identify yourself for the record and proceed with your testimony. DEPUTY
Yes. Rina Cutler, Deputy Mayor for Transportation and Utilities. Thank you for allowing me to provide testimony for 17 12/3/08 - STREETS - BILL 080587, etc. Bill No. 080623. Philadelphia is proud of its reputation as one of America's walkable cities. This past summer, we earned national attention when Philadelphia was ranked the fifth most walkable city in the United States. Safe, passable and clean sidewalks are the foundation of an enticing pedestrian environment. A city that supports pedestrians encourages residents, commuters and visitors to choose to walk more and drive less. This choice improves mobility and reduces the safety hazards, air pollution and personal frustration associated with automobile congestion. Over the past decade, Philadelphia has experienced a construction boom. Despite the recent downturn in the economy, residential and commercial construction continues throughout the City. The sidewalk closures associated with construction are among the most common obstacles for 18 12/3/08 - STREETS - BILL 080587, etc. Philadelphia's pedestrians. Construction activity ranges from the erection of skyscrapers to the rehab of row homes. The range of impact to pedestrians is just as great. Closing a sidewalk is sometimes necessary to ensure the safety of pedestrians. Covered walkways and other measures are often able to provide safe and comfortable passage for pedestrians. These measures are not without a cost to developers and construction firms. The City must carefully balance pedestrian convenience with development costs. The Streets Department is already at work trying to get this balance right. In September, the Streets Department promulgated regulations under existing law to incentivize limiting sidewalks, parking lanes and travel lane closures to only the time required for construction. The new regulations charge a per-week fee for each linear foot of closed sidewalk or lane. Previously no per-week fee had 19 12/3/08 - STREETS - BILL 080587, etc. been charged. The Department is currently evaluating compliance with these new regulations and working with the General Building Contractors Association to implement the regulations for projects already underway. We have requested and Councilman Kenney has agreed to extend from one day to one week the length of closing that requires the opinion of a licensed engineer. This modification thoughtfully balances the interests of both pedestrians and developers. Thank you for allowing me to testify before you today. I respectfully request that this bill be favorably reported out of Committee. I will be happy to answer any questions you may have. COUNCILMAN DiCICCO: Thank you, Ms. Cutler. Any questions for this witness from the Committee? (No response.) 20 12/3/08 - STREETS - BILL 080587, etc. COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, good afternoon. Thank you. And, Mr. Abernathy, please read the title of the next bill. Otis, that's right, you've got testimony. (Witness approached witness table.)
Good afternoon. COUNCILMAN DiCICCO: By no 16 means was my overlooking you any indication of the value or the significance of your testimony.
Not a problem whatsoever. I'm here to testify on Bill 22 080624. I believe that was also mentioned. Good afternoon, Chairman DiCicco and members of the Committee. I 21 12/3/08 - STREETS - BILL 080587, etc. am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today I'm here to provide testimony on Bill 080624, which, if enacted, will amend provisions of the Philadelphia Building Code to require that sidewalk shelter platforms be constructed to support a live load of 300 pounds per square foot when either the building is over 100 feet in height or the platform is used to store materials regardless of building height. The Department of Licenses and Inspections offers no objections to the enactment of this bill because the bill 17 simply increases the load capacity from 150 pounds per square foot to 300 pounds per square foot. Indirectly, L&I's role as it relates to the protection of pedestrians that transverse the public right-of-way around construction sites is centered on requirements of the Building Code that is enforced for construction of the shelter platform over the sidewalk if 22 12/3/08 - STREETS - BILL 080587, etc. one is determined to be required by the Department of Streets. Currently, provisions of Chapter 33 of the Building Code related specifically to safety in and around construction sites require that the authority having jurisdiction for pedestrian safety -- in this case it would be the Streets Department -- determines that the shelter platform is appropriate for the construction project as opposed to closure of the street or sidewalk. The shelter platform must be constructed and maintained in accordance with the requirements of this chapter. Presently, those requirements allow for the shelter platform to be designed and constructed at a minimum to support a live load of 150 pounds per square foot. The provisions under consideration increase the minimum live load requirements for the shelter platform to 300 pounds per square foot and specifically indicates that the Streets 23 12/3/08 - STREETS - BILL 080587, etc. Department is responsible to determine whether a shelter platform or street closure is warranted for a construction project based on its review and information received concerning the project. Thank you for the opportunity to provide the Department's testimony on this bill, and I'll be happy to answer any questions. COUNCILMAN DiCICCO: Thank you, Mr. Haigler. Any questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, please read the title of the next bill.
Oh, I'm sorry. COUNCILMAN DiCICCO: This time 24 12/3/08 - STREETS - BILL 080587, etc. it's your fault, not mine.
One additional thing. I believe there were some amendments that were prepared by the Law Department and circulated, and we just wanted to make sure that they were included into the record. COUNCILMAN DiCICCO: Thank you.
Bill No. 080803, an ordinance establishing a no truck parking regulation on both sides of Whitten Street between President Street and Roosevelt Boulevard, both sides of President Street between Whitten Street and Conwell Avenue, and both sides of Conwell Avenue between President Street and Roosevelt Boulevard. (Witness approached witness table.)
Good afternoon, Mr. Chairman, members of the Committee. Thank you for the opportunity to appear today. My name is David Dlugosz. I am a 25 12/3/08 - STREETS - BILL 080587, etc. District Traffic Engineer with the Department of Streets, and I'm here to offer testimony on Bill 080803. The Streets Department has no 6 objections to the bill. We will be posting signs that say "No Truck Parking Any Time" on these blocks under trial ordinance, and the signs can be placed within four weeks. Thank you for the opportunity to appear. I'd be happy to take any questions. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the --
Suspension of rules. COUNCILMAN DiCICCO: So noted. Any questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? 12/3/08 - STREETS - BILL 080587, etc. (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.
Bill No. 080880, an ordinance authorizing the installation of all-way stop signs at the intersection of 22nd Street and Cherry Street. COUNCILMAN DiCICCO: Mr. Denny is not here. Is there anyone --
I just walked in. COUNCILMAN DiCICCO: There you go. (Witness approached witness table.)
Good afternoon, Mr. Chairman and members of the Committee. Thank you for the opportunity to appear before you today. My name is Charles Denny. I am the Acting Chief Traffic Engineer for the Department of Streets and I'm here to offer testimony on Bill 24 080880. This bill authorizes the 27 12/3/08 - STREETS - BILL 080587, etc. installation of an all-way stop sign at the intersection of 22nd and Cherry Streets. The Streets Department has objections to this bill. The Pennsylvania Vehicle Code requires PennDOT to develop regulations governing traffic control devices in accordance with the Federal Highway Administration's Manual on Uniform Traffic Control Devices. These regulations apply to all public streets and highways in Pennsylvania, and the City Solicitor has ruled that the Streets Department is legally obligated to comply with the Vehicle Code and related PennDOT regulations. This section of 22nd Street is a major signalized arterial street in Center City. All-way stop signs are inappropriate traffic control devices on such a street. Posting an all-way stop sign on signalized arterial streets will result in a high rate of rear-end crashes. When installing additional 28 12/3/08 - STREETS - BILL 080587, etc. traffic controls at any intersection, the results should be a safer intersection. However, installing all-way stop signs against 22nd Street and Cherry Street will not accomplish that goal, and lead to a safety problem. The Streets Department can, therefore, not comply with the request for an all-way stop sign at this location. Since 2005, our Department has completed safety-related improvements to existing traffic control devices at this intersection, including raising stop signs on Cherry Street to the standard height for better visibility and installing "Cross Traffic Does Not Stop" warning signs for Cherry Street motorists. (Phone ringing.)
Excuse me. Turned it off. Sorry. COUNCILMAN DiCICCO: We started earlier than I thought, so no problem.
The "Cross Traffic 29 12/3/08 - STREETS - BILL 080587, etc. Does Stop" signs are posted at this intersection where motorists on the cross streets, Cherry Street, may misinterpret the intersection as being an all-way stop intersection. These signs warn motorists that the vehicle traffic on the major street, 22nd Street, does not stop and always have the right of way. Our Department also installed pavement markings and signs on the southeast and southwest corners of 22nd and Cherry Street in order to improve visibility for Cherry Street motorists and pedestrians who are entering the intersection. We also installed "Pedestrian Crossing" warning signs and crosswalks across 22nd Street. Since making these safety-related improvements, crashes at this intersection have decreased in the period in the last two years. Present-day conditions at 22nd and Cherry Street satisfy federal and State warrants for traffic signals. 30 12/3/08 - STREETS - BILL 080587, etc. Pending available funding at an undetermined future time period, signals can be installed. The timing obtaining the funds and the timing of installing traffic signals are undetermined at this time. Thank you for the opportunity to appear before you today, and I'd be happy to answer any questions. COUNCILMAN DiCICCO: Thank you. Councilman Greenlee.
Thank you, Mr. Chairman. Just quickly, and I understand. We've heard many times about the State regulations. I just want to comment on this intersection, because I'm very familiar with it. I have friends of mine that live on the 2100 block at Cherry, and I can certainly see why this bill was put in. Cherry Street, where it might not be a major street per se, is traveled a lot. A lot of people do cut through that street, and when that light is green 31 12/3/08 - STREETS - BILL 080587, etc. going north on 22nd Street, those cars are moving, and 22nd is fairly wide there. I don't know how all this fits into it, but you have to really get across fast if you're going to get across 22nd Street from Cherry. So maybe it doesn't meet the total criteria, but to me, the commonsense criteria it certainly meets. And, again, I'm only commenting because I'm really familiar with this area. And there was a time I was wondering that at some point somebody was going to put a sign in. And I heard you say about the further protections you got there. I wasn't real clear on what they were, but I know I've passed through that intersection just recently and it still seems to be pretty similar, and it seems to me to be dangerous to have cars -- it's a pretty long stretch from Arch to Race there, it seems to me, and it does seem appropriate to have a stop sign there. And that's -- 32 12/3/08 - STREETS - BILL 080587, etc.
The signals at 22nd and Arch do stop 22nd Street traffic and create gaps for people crossing from Cherry to either side of 22nd Street or turning onto 22nd Street.
But when that light is green, they do travel a pretty good rate of speed. Like I said, just from experience, I can understand why that ordinance was proposed. Thank you. COUNCILMAN DiCICCO: Mr. Denny, I have a question, because this comes up for as long as I've been here and I guess even before that. During the Rendell Administration, I think his first term, as part of a cost-savings effort, traffic signal devices, red lights, traffic lights, whatever, were removed at many intersections throughout the City and were replaced, correct me if I'm wrong, in all cases or most cases by all-way stop signs. So how were we able to do 33 12/3/08 - STREETS - BILL 080587, etc. that, put all-way stop signs in in place of traffic signal devices in the early '90s? Did we not follow the law and we just made it an arbitrary decision on our own as a city to do that?
In this case, it's a little different. In those cases, they were mostly narrow streets. They weren't on signalized corridors, so when we converted them from signal to all-way, it was in an area where there were already all-ways and it wasn't a signalized corridor. Twenty-second Street is signalized from South Street up to Spring Garden Street and actually beyond Spring Garden Street. It's fairly -- it's much wider than the normal street. It's four lanes, two parking lanes, two through lanes. And then we actually installed a bicycle lane not too long ago. So it's a fairly wider street. The wider the street, the harder it is to post stop signs on it and get people to see them 34 12/3/08 - STREETS - BILL 080587, etc. and obey. But it's a signalized corridor, so you're moving along with a progression in the traffic signals. Throwing a stop sign in there just leads to problems with -- some people stop, a lot of people roll through, so it leads to rear-end crashes. So on a signalized corridor, it's problematic installing a stop sign. COUNCILMAN DiCICCO: I understand. And, again, we've had this conversation for a long time. People may not stop at a stop sign. In South Philadelphia it's called the South Philadelphia slide. But people will not stop, but they do have their foot either on their brake or getting ready to hit it in the event they have to stop, and it's just the way people drive, unfortunately, as opposed to when they see a light, they're going to try to make that light, and they have no sense of either getting ready to hit the brake because they want to make the light. 35 12/3/08 - STREETS - BILL 080587, etc. Again, I'm not a traffic engineer, but I think that's more or less the common way people drive, even though it's the wrong way, but that's normally how they would drive. So we always have this debate, as you know, with your predecessor, Charlie Trainor, and others about why don't we put more all-way stop signs or stop signs in some cases, just a stop sign at a specific location.
But when people are leaving Arch Street where they have the green signal and they see the signal up at Race Street and that signal turns green and they have to stop, some people will slow down and stop; others will be looking ahead to the next traffic light and trying to make it through, and that's where you run into a problem. So this is a problem when you have an all-way stop on a signalized corridor. COUNCILMAN DiCICCO: We can debate that forever, because the same person who sees the light at Arch Street 36 12/3/08 - STREETS - BILL 080587, etc. knows he's making it at Race, is going to maybe move a lot more quickly to get to that intersection to make that green light. So it could play out both ways. Any questions for these witnesses? Councilman Green.
Thank you. Thank you, Mr. Chairman. So I just wanted to understand your testimony clearly. If we pass this ordinance authorizing the installation of stop signs, you will not do it because the City Solicitor has said it violates State and federal law?
The basis is, we believe it will cause more crashes installing --
That's not my question. If we pass this ordinance, you're telling us that you will not install the stop sign; is that correct?
Thank you. 37 12/3/08 - STREETS - BILL 080587, etc. I mean, so it's kind of -- I just wanted to make that clear for the record. COUNCILMAN DiCICCO: Thank you. Any other questions for this witness? (No response.) COUNCILMAN DiCICCO: Anyone else here to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.
Bill No. 080904, an ordinance amending Section 2-901 of The Philadelphia Code, entitled "Stopping, Standing or Parking Prohibited at Certain Places," by permitting the overnight parking of commercial vehicles on the 600 block of Cheswick Road.
Good afternoon, Mr. Chairman and members of the Committee. My name is David Dlugosz. I am a District Traffic Engineer for the 38 12/3/08 - STREETS - BILL 080587, etc. Department of Streets. I'm here today to offer testimony on Bill 080904. The Streets Department has no 5 objection to this bill. Signs prohibiting truck parking was removed from this block on October 1, 2008 on a trial basis pending the passage of this bill. Thank you for the opportunity to appear before you today, and I'd be happy to take any questions. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.
Bill No. 080834, an ordinance amending Section 9-205 of The 39 12/3/08 - STREETS - BILL 080587, etc. Philadelphia Code, relating to Sidewalk Sales, by prohibiting sidewalk sales within Cheltenham Avenue within the Ninth District. COUNCILMAN DiCICCO: Mr. Haigler, you're up. (Witness approached witness table.)
Good afternoon, Councilman DiCicco, members of the Committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today I'm here to provide testimony on Bill 080834, which, if enacted, will prohibit sidewalk and street vending in the Ninth Council District on Cheltenham Avenue between Broad Street and Ivy Hill Road. This bill was introduced on October 30, 2008 by Councilwoman Tasco as a replacement for Bill 080792 in order to correct a technical error that was discovered in that bill. As the location 40 12/3/08 - STREETS - BILL 080587, etc. of the sidewalk and street vending operations subject to the requirements of Sections 9-203 and 9-205 of The Philadelphia Code is within Council's prerogative to amend from time to time, the Department offers no objections to the enactment of this bill. We must, however, point out that the provisions of Section 9-205, Subsection (8), Subsection (p) related to prohibitions on sidewalk and street vending currently contains 378 locations throughout the City where vending operations are prohibited. Council should be advised that continued restrictions with regard to locations for vending operations will severely limit places where this operation can legally be conducted in the City. Thank you for the opportunity to provide the Department's testimony and I'll be happy to answer any questions. COUNCILMAN DiCICCO: Thank you, Mr. Haigler. 41 12/3/08 - STREETS - BILL 080587, etc. Any questions for Mr. Haigler from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.
Bill No. 080878, an ordinance amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and Littering," by amending the provisions of Section 10-723.2 to prohibit the door-to-door distribution of handbills unless they are handed directly to an occupant; all under certain terms and conditions.
Good afternoon, Chairman DiCicco and members of the Committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. 42 12/3/08 - STREETS - BILL 080587, etc. Today I am here to provide testimony on Bill 080878, which, if enacted, will place an outright ban on the door-to-door distribution of handbills in the City of Philadelphia unless given directly to the occupant of the premises. The Department of Licenses and Inspections is the local regulatory agency charged with the enforcement of the requirements of Section 10-723 related to the distribution of commercial handbills. Currently, the Department has a record of 484 active licenses which have been issued to distributors of this type of printed material. Also, over a two-year period, between 2006 to the present, the Department has issued a total of 1,268 tickets in the amount of $100 each for violations of the provisions of this section of The Philadelphia Code. All tickets that are issued by the Department are processed by the Bureau of Administrative Adjudication. 43 12/3/08 - STREETS - BILL 080587, etc. In light of information received from the City Solicitor's Office related to constitutional concerns regarding the enforceability of the proposed bill and on the advice of counsel, the Administration will be unable to support passage of this bill. Thank you for the opportunity to provide the Department's testimony. COUNCILMAN DiCICCO: Thank you, Mr. Haigler. I know Councilman Greenlee has some questions. Other municipalities are faced with the same problems that we have in terms of these handbills being left on either steps or between storm doors and the main door to a house or stuck in the railing, whatever, and I understand the Law Department's position on this. Do you know what other municipalities are doing or have any knowledge of what they may be doing aside from enforcement?
I really have no 25 knowledge of it. 44 12/3/08 - STREETS - BILL 080587, etc. COUNCILMAN DiCICCO: Because I think you said 2,100 citations were issued?
In a two-year period, between 2006 and to the present, we've issued 1,268. COUNCILMAN DiCICCO: I'd probably say during the course of the year within the two blocks from where I live, I can probably have more than that issued on those two blocks. I mean, there's not a day -- very rarely does a day go by that I do not have a circular stuck somewhere on my property. In many cases, my neighbors' property, the same thing, and they wind up either in the street or they're in somebody's windshield, you know, the car washes, what-have-you. I still can't figure out why somebody who has got a pizza shop five miles from where I live expects me to order a pizza, but so be it. Councilman Greenlee has some 45 12/3/08 - STREETS - BILL 080587, etc. questions. I'm just frustrated by this whole thing, and I know it's not because you personally don't want to see this happen, but in order to get control of the litter problems that we have in the City, we really have to start doing things. And the Law Department obviously opens up the book and says, This is what the law prohibits or doesn't prohibit. I'd like somebody to challenge that. I'd like for one of the pizza operators or the fast-food operators challenge that citation, put them through some hardship. Let's put the burden on those folks who don't care about our communities and the appearance of our communities, because there are so many other ways in which we can advertise or they can advertise. So I'm, for one, trying to figure -- the question I always ask, don't tell me how I can't do it, tell me how to get it done. And I think, again, if we put the burden on those folks, 46 12/3/08 - STREETS - BILL 080587, etc. maybe some of them will look for other means of advertising their product or their business. I'm just venting a little bit. Councilman Greenlee.
Thank you, Mr. Chairman. And just for the record, as you said, you and I have spoken about this, and I certainly share your concern, and I know you've been working hard on this whole littering problem for a long time. I'll admit, I do have maybe some of the same questions the Law Department does as far as limiting people's right to get out information. And I'm not really worried as much about the pizza restaurant. And I know what you mean. I get notices from Broad and Allegheny in Fairmount and 38th and Powelton, and we have about six pizza places within walking distance to our place. So I understand all that. I guess I'm worried, though, how far this 47 12/3/08 - STREETS - BILL 080587, etc. could be taken. There are those of us, all of us who are involved politically at one time or another, maybe still do, give out some notices in our community about meetings, notices when elections are, where we vote, that kind of thing. There are notices given out in doors about community meetings when it comes to zoning in our community, that kind of thing, and that's really my concern. And I don't know how you say it's okay for some and not others. And, Mr. Haigler, I guess any of this isn't a question for you, except is there a way to maybe put some regulations on people -- and this would be a different bill -- that would give them a certain amount of time? I think when there's circulars handed out on the corners, aren't you supposed to pick up after them? COUNCILMAN DiCICCO: My understanding -- correct me if I'm wrong, Mr. Haigler -- is where advertisements or 48 12/3/08 - STREETS - BILL 080587, etc. whatever are placed on a doorstep or an entrance to a building, within a certain amount of hours after it has been delivered, if it has not been picked up by the occupant or occupants of that building, then the distributor is required to then remove it.
That may be in our regulations, and I haven't reviewed those regulations in a while, but I know currently we do have provisions that basically prohibit handbills to be delivered to the property if the person were to register with our Department. If they register with L&I and we provide them with a sticker that they place on their property -- COUNCILMAN DiCICCO: I have it on my property.
-- the distributor is not supposed to deliver to that particular property. If they do, that's how we generate our tickets. If they do, then that person can -- the 49 12/3/08 - STREETS - BILL 080587, etc. property owner can submit that evidence to the Department, and the Department issues the distributor a ticket for delivering to a property that's registered with the City that should not be receiving handbills. COUNCILMAN DiCICCO: Which was going to be my question. So the 1,200 violations or citations that were written were written to businesses, or whomever, who have left flyers or some sort of advertisement on a property that had the sticker?
Mr. Chairman, if I could ask, there's also violations given for not cleaning up your property, like if you leave whatever kind of trash around. Now, that's written by SWEEP, right, or the Streets Department, right? It wouldn't be you guys.
Well, generally, we would cite the property owner if 50 12/3/08 - STREETS - BILL 080587, etc. there's some condition on the property that's a property maintenance issue. COUNCILMAN DiCICCO: Not necessarily. L&I wouldn't do it for litter.
Well, we would cite the property owner if there's litter on the person's property.
On the step or whatever? I thought that was the Streets Department that does that?
If we get a complaint that there's trash or debris on the property, there are requirements of the Property Maintenance Code that require certain maintenance issues to take place at everybody's property, and if we were to get a complaint that there's trash, debris on someone's property, we would have no knowledge of where the debris came from, so we would just cite the property owner for taking care of that maintenance issue on their property. 51 12/3/08 - STREETS - BILL 080587, etc.
Again, I understand the problem. I just have some concerns that we're limiting information that people -- might be the only way they can get it out. COUNCILMAN DiCICCO: And I appreciate that, and it kind of goes back to years ago when I was trying to do the ban on posters, and I think we carved out some exceptions for political posters or something like that. So if we're talking about door knockers, I guess we may have to make exceptions for that. I don't use door knockers, but anyway... Councilwoman Sanchez.
I wanted to echo Councilman Greenlee's concern around people's right to get information and grassroots groups who have limited resources, and door is door is one of the ways that they do it. What I think would be important is if L&I industry's department clarify for us, as Mr. Haigler was mentioning, what they're allowed to 52 12/3/08 - STREETS - BILL 080587, etc. cite for and they don't, because I think part of what we need to look at as part of our sanitation enforcement efforts, to be more aggressive on that in a way that's very deliberate. But I am concerned about, one, from an enforcement perspective even, and then another, from people's constitutional rights to just be able to get out information. So I just wanted to put that on the record. But I think that I echo Councilman DiCicco's concern around the litter and the volume of it. And I guess the question for Mr. Haigler that we need to grapple with is, when these people register with us, what is our enforcement on this? I mean, I know you talked about 1,200 citations, but I guess walk us through that process. Do we have continuous violators and is there any penalty, short-term, long-term penalties, to limit their ability to keep operating if we're citing? 53 12/3/08 - STREETS - BILL 080587, etc.
In general, we issue those tickets whenever we get a complaint if the complaint is founded. What happens is, again, the property owner that's registered with the Department, they send in documentation to us with the date when the information was left on their property, information related to who left the handbill on their property. We cite that person, give them the ticket. We send the tickets directly out to them. The tickets are processed by the BAA, the Bureau of Administrative Adjudication. Now, if the person is habitual, the Department can take further steps, if necessary, which means that we could do something with -- if the person has their business privilege license, they have a license to distribute handbills, we could take further steps to suspend --
Have we ever used that hammer? Because it appears to me having used this mechanism 54 12/3/08 - STREETS - BILL 080587, etc. for information distribution, these companies are divided throughout the City, they have certain zones. So, again, going back to Councilman DiCicco's concern, the people that are doing this in specific areas may be the same, and I guess we're asking, have we ever used that, and, if not, why not?
To my knowledge, probably not, and I would have to look into that issue. COUNCILMAN DiCICCO: The other thing I just wanted to point out, and I've asked about this both, I think, of L&I and the Streets Department in the past, and now given the fact that there will be little or no mechanical sweeping of streets throughout the City, that just leads me to believe we're going to have a lot more litter on our streets than we currently have going forward. I was wondering if -- and I've asked this, I think, of the Streets Department and I'm not sure if I've asked 55 12/3/08 - STREETS - BILL 080587, etc. of L&I in the past, so I'll ask you now, if you can bring it back to your Commissioner. I think we need a public education program. I would suspect that the vast majority of the citizens and property owners in the City of Philadelphia are not aware of that sticker program, that they could just either write or call L&I -- I forgot what the process is -- to get a sticker, and maybe that would be a proactive way, if you will, of discouraging these businesses and/or companies from leaving leaflets at a property. But, again, I would really venture to say I'd be surprised if ten percent of the population knows about it.
I didn't know about it. COUNCILMAN DiCICCO: Here I have a Council colleague of mine who didn't know about that. And so I would ask that the Department look at that. If there's 56 12/3/08 - STREETS - BILL 080587, etc. anything we can do as members of Council or members of this Committee, we'd certainly be more than willing to help out. Councilman Green.
Thank you. Do you have an opinion from the City Solicitor that you can ban political speech, political handbilling by ordinance; in other words, preventing people from putting campaign information, literature in people's doors?
Because I don't see how that's constitutional under the federal and State constitutions. Thank you. COUNCILMAN DiCICCO: Any other questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or 57 12/3/08 - STREETS - BILL 080587, etc. against the bill? Please come forward, ma'am. (Witness approached witness table.)
Good afternoon. COUNCILMAN DiCICCO: Good afternoon. Please identify yourself for the record and proceed with your testimony.
Yes. My name is Judith Robinson and I'm here representing Susquehanna Clean Up/Pick Up. I just want to testify on Bill 080878 and encourage this Committee to move forward and focus on this issue. It is a problem. I, like you, Councilman, am happy to be here today to find out that there's a program we could put a sticker in your property and acknowledge to these distributors of flyers that you do not want this on your property. Susquehanna Clean Up/Pick Up is an environmental education, anti-litter 58 12/3/08 - STREETS - BILL 080587, etc. agency, and we'd be very much interested in spreading the word in our community. As I look at this ordinance, I see that you want, as it relates to this bill before amendments, to have the handbills delivered directly to an occupant, and that might be a little tough, especially when you consider all the other type of marketing that goes on in our community. We as a community organizing group use flyers, but we try to make sure that we at least put them inside of a mailbox so they're going inside of the property. COUNCILMAN DiCICCO: Technically, that's actually illegal, but we won't --
To put them inside the mailbox? COUNCILMAN DiCICCO: Yeah, technically. But continue to do it, don't worry about it.
Well, we don't want to do anything illegal. But we try 59 12/3/08 - STREETS - BILL 080587, etc. to make sure that our flyers are not left on the street and that they're not a danger to folks coming out of their property. When these flyers that are distributed by various agencies, or businesses, I should say, are thrown on our steps, sometimes you come out and it's rainy, you step right on these things and it could be dangerous. In addition to the part that we're most concerned about is the litter. Please help me be lawful about what we can do as a community agency so that we're not out of order, but we kind of err on the side of not littering our community. When the wind blows, these flyers, advertisements are all over the community, and believe it or not, we're trying to reduce litter in North Philadelphia. So we just would encourage you to educate us so that we could do the right thing, and we just encourage you to 60 12/3/08 - STREETS - BILL 080587, etc. make sure when this bill is passed that there is some enforcement that is transparent that we all can be clear about. So I'm just looking for more information about all the programs that are available to prevent litter, and to encourage those that do not want the flyers on their porches to be able to get this information so they can be aware of it. Thank you very much. COUNCILMAN DiCICCO: Thank you. As the sponsor of this bill, I'm going to be holding this bill for further discussion as we move forward, but did I understand you to say it's the first you heard about this program as well?
Yes. COUNCILMAN DiCICCO: You might want to talk to Mr. Haigler. He'll let you know how you could get a sticker, and maybe you might want to put it in your newsletter, your civic association or your agency's newsletter, advising people 61 12/3/08 - STREETS - BILL 080587, etc. how they can go online, I'm told by Brian, and actually make application for it. It's very simple. Thank you. Thank you for your testimony. Any questions for this witness? Yes, ma'am.
Just one other thing. Could you please cite the law that would make it illegal to put flyers into a mailbox?
It's a federal law. COUNCILMAN DiCICCO: It's a federal law. I don't know the law off the top of my head.
Federal? COUNCILMAN DiCICCO: Other than postal mail, my understanding is nothing is allowed to be placed in a mail slot other than --
Thank you. I'll research. COUNCILMAN DiCICCO: Thank you. 62 12/3/08 - STREETS - BILL 080587, etc. Anyone else to testify on that bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bills.
Bill No. 080761, an ordinance granting permission to Howard Foreman, owner of the Island Caribbean Restaurant, 1338 to 44 Rising Sun Avenue, for a raised deck encroachment for accessory seating for the restaurant, under certain terms and conditions; and Bill No. 080796, an ordinance 16 amending Bill No. 070443, approved by Council on June 14, 2007 and signed by the Mayor on July 3, 2007, entitled "An ordinance authorizing the Archdiocese of Philadelphia, Office for Community Development, 222 North 17th Street, to construct, own and maintain raised planter clusters atop the sidewalks of the 2400, 2500 and 2600 blocks of Kensington Avenue, under certain terms 63 12/3/08 - STREETS - BILL 080587, etc. and conditions," by authorizing an extension in the time in which the Archdiocese must perform its obligation under the Ordinance, all under certain terms and conditions; and Bill No. 080804, an ordinance 8 authorizing Edward and Veronica Leonard, their successors and assigns, to own, operate and maintain a one-story garage extension and entranceway steps on the east sidewalk of North Pennock Street adjacent to their property located at 2718 Brown Street, under certain terms and conditions; and Bill No. 080836, an ordinance 17 authorizing the Archdiocese of Philadelphia to construct, own and maintain a marquee canopy at the Saint John the Evangelist House, 1211 to 13 Clover Street, under certain terms and conditions; and Bill No. 080852, an ordinance 24 authorizing Kevin Goodchild to construct, own and maintain an open-air sidewalk 64 12/3/08 - STREETS - BILL 080587, etc. cafe and planters at 9236 to 9242 North Delaware Avenue, under certain terms and conditions. COUNCILMAN DiCICCO: Thank you. (Witness approached witness table.) COUNCILMAN DiCICCO: Good afternoon. Please identify yourself for the record and proceed with your testimony.
Good afternoon, Chairman and members of the Committee. My name is Robert Black. I'm a construction engineer with the Streets Department. I am here to offer the following testimony for Bill No. 080761. This bill grants permission to Howard Foreman, owner of Caribbean Feast Restaurant and the property 1338 to 1344 Rising Sun Avenue, for a raised deck encroachment to an existing restaurant along Rising Sun Avenue and Westmoreland Street. The raised deck is 18 inches high, beginning eight feet south of the 65 12/3/08 - STREETS - BILL 080587, etc. south curb line of Rising Sun Avenue and approximately 59 feet east of the intersecting point of Westmoreland Street and Rising Sun Avenue. The deck is approximately 32 feet long by six feet wide and continues on the footway of Westmoreland Street for approximately 9 feet. 10 The Streets Department has 11 reviewed the encroachment and has no 12 objection to the passage of this bill. COUNCILMAN DiCICCO: Thank you. On the following bills, would you just -- we can submit -- you have everything in writing? We can submit that for testimony?
Yes. COUNCILMAN DiCICCO: Any objections to that from the Committee? (No.) COUNCILMAN DiCICCO: Is there anyone here who wishes to testify on any of the bills that have just been read or will be submitted into the record? 66 12/3/08 - STREETS - BILL 080587, etc. (No response.) COUNCILMAN DiCICCO: Thank you. Mr. Abernathy, the title of the next bill.
Bill No. 080883, an ordinance amending Sections of an Ordinance, Bill No. 080383, approved June 5, 2008, entitled "An ordinance 10 authorizing Arch Street Hotel Partners, LLC to construct, own and maintain various encroachments at 1421 Arch Street, all under certain terms and conditions," by extending the period for compliance and revising the extent of the encroachment, all under certain terms and conditions. (Witnesses approached witness table.)
My name is Robert Black. I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill 24 No. 080883. This bill will amend various 67 12/3/08 - STREETS - BILL 080587, etc. sections of an Ordinance, Bill No. 3 080383. Section 1 will read that a decorative canopy will project towards the curb line at a distance not exceeding feet onto the right-of-way. 7 Section 5 will have the time 8 period for compliance extended by one 9 year. 10 Section 6 will require that the 11 ordinance fee of $200 be paid by February 12 27, 2009. 13 The Streets Department has 14 reviewed the preliminary construction 15 plans for this project and has no 16 objection to the passage of the bill.
Good afternoon, Chairman DiCicco and members of the Streets and Services Committee. I am William Erickson, a city planner with the Development Planning Division of the Philadelphia City Planning Commission. I am here to testify on Bill 080883, which Councilman Clarke introduced on November 13, 2008. 68 12/3/08 - STREETS - BILL 080587, etc. This streets bill will amend Bill 080383 authorizing Arch Street Hotel Partners, LLC to construct, own and maintain various encroachments at 1421 Arch. This will allow a canopy up to 7 feet over the right-of-way and extend the 8 time period to two years. 9 The Philadelphia Planning 10 Commission has scheduled this item to be 11 heard at its next meeting. Therefore, 12 the Planning Commission recommended that 13 Bill 080883 be held. 14 This concludes my testimony. 15 COUNCILMAN DiCICCO: Be held, 16 you said?
Yes, be held. It's been scheduled for our next meeting. It was introduced on the 13th of November. COUNCILMAN DiCICCO: When is the next hearing?
We're actually scheduled for the 16th. COUNCILMAN DiCICCO: December? 69 12/3/08 - STREETS - BILL 080587, etc.
Yes. COUNCILMAN DiCICCO: Do you know if this is time sensitive or anything for the construction? (Witness approached witness table.)
Mr. Chairman, good afternoon. Darwin Beauvais. I represent the developer in this matter. We actually did meet with the Planning Commission. We met with the Streets Department. And we were hoping that this ordinance could at least be voted out of Committee pending the City Planning Commission meeting on the 16th. We have no objection to that. COUNCILMAN DiCICCO: That's what I was asking. It's not time sensitive. So if we vote it out today favorably, we just wouldn't do the second and final passage until we come back after recess. That works?
That would be fine. 70 12/3/08 - STREETS - BILL 080587, etc. COUNCILMAN DiCICCO: Okay. Fine. Any other questions for these witnesses? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify on this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.
Bill No. 080757, an ordinance amending Section 2 of an Ordinance, Bill No. 060317, approved September 28, 2006, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 275 by extending Parker Avenue from its current terminus on the northeasterly side of a 66 foot wide right-of-way for railroad purposes, approximately 66 feet southwestward to the southwest side of said right-of-way, 71 12/3/08 - STREETS - BILL 080587, etc. including the dedication to the City, free and clear of all encumbrances except for a right-of-way for railroad purposes, of the bed of the extension of Parker Avenue," by extending the period for compliance with the terms and conditions stated therein; and Bill No. 080794, an ordinance 10 amending Section 2 of an Ordinance, Bill 11 No. 030681, approved December 18, 2003, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 24-S by placing on the City Plan a certain right-of-way for gas main purposes within the lines of former Morris Street from 30th Street to 31st Street, under certain terms and conditions," by deleting the requirement that the terms and conditions stated therein be complied with within a certain time period; and Bill No. 080833, an ordinance 24 authorizing the construction of stormwater sewers and appurtenant work in 72 12/3/08 - STREETS - BILL 080587, etc. Delaware Avenue from Lewis Street to Orthodox Street; and Bill No. 080900, an ordinance 5 authorizing the revision of lines and grades on a portion of City Plan Nos. 314 and 356 by placing on the City Plan an extension of Tinicum Boulevard from its existing terminus at 86th Street to Bartram Avenue, striking from the City Plan and vacating the legally open portions of Tinicum Avenue from 86th Street northeastwardly to its terminus, striking from the City Plan and vacating 86th Street from Bartram Avenue to Tinicum Boulevard and from Tinicum Boulevard to Tinicum Avenue, and placing on the City Plan a right-of-way for public utility purposes within a portion of 86th Street being stricken; and authorizing the opening of the extension of Tinicum Boulevard through City property; all under certain terms and conditions; and Bill No. 080902, an ordinance 73 12/3/08 - STREETS - BILL 080587, etc. authorizing the revision of lines and grades on a portion of City Plan No. 231 by striking from the City Plan certain unopened portions of Umbria Street from Leverington Avenue to Wright Street and placing on the City Plan Old Umbria Street and Hermitage Street within the lines of the portion of Umbria Street being stricken, all in order to conform more closely to existing conditions; and Bill No. 080903, an ordinance 13 authorizing the revision of lines and grades on a portion of City Plan No. 297 by relocating, widening and extending Keely Street from Henry Avenue northwestwardly and placing on the City Plan a cul-de-sac turnaround at the proposed northwesterly terminus of said Keely Street, authorizing dedication to the City of the bed of the widened and extended portions of Keely Street and the cul-de-sac turnaround, and changing the name of said Keely Street to Keely Court, under certain terms and conditions. 74 12/3/08 - STREETS - BILL 080587, etc. COUNCILMAN DiCICCO: Thank you, Mr. Abernathy. (Witnesses approached witness table.) COUNCILMAN DiCICCO: Gentlemen, I believe you have written testimony that you submitted for the record?
Yes, Mr. Chairman. COUNCILMAN DiCICCO: Is there anyone here who wishes to testify on any of the bills that have just been read into the record? Darwin.
Mr. Chairman, Darwin Beauvais. I represent several of the developers here. I believe the Planning Commission is also asking that it be held until their December 16th meeting. Is that the case?
There are several bills that are scheduled to be held at the next Planning Commission 75 12/3/08 - STREETS - BILL 080587, etc. meeting. COUNCILMAN DiCICCO: The bills that were just read?
Right. And I have -- COUNCILMAN DiCICCO: Which bills are you asking to be held?
We're asking for 757, that that be approved. COUNCILMAN DiCICCO: Just give me the ones you want held.
Okay. 902, which is the Umbria Street, and 080903, which is the Keely Street Court. We already -- we testified on that one. COUNCILMAN DiCICCO: We already agreed on 883 to vote it out, but not for second and final reading.
And 900, which is Tinicum Avenue, that that be held. COUNCILMAN DiCICCO: 900?
Yes, 080900. COUNCILMAN DiCICCO: Okay. 76 12/3/08 - STREETS - BILL 080587, etc.
Again, if they could be voted out, no suspension. COUNCILMAN DiCICCO: No 5 suspension, whatever. And then next week, first reading and wait until we return, right?
Exactly. COUNCILMAN DiCICCO: Thank you. We're going to take about a two, three-minute recess, please. Thank you. (Short recess.) COUNCILMAN DiCICCO: Thank you. This concludes the public hearing on the Committee on Streets and Services. We will now go into the public meeting. The Chair recognizes Councilman Greenlee.
Mr. Chairman, I move the adoption of the amendment to Bill No. 080623. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that the 77 12/3/08 - STREETS - BILL 080587, etc. amendment to Bill No. 080623 be approved. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The amendment is approved. Councilman Greenlee.
Mr. Chairman, I move that Bill No. 14 080623, as amended, be reported out of this Committee with a favorable recommendation and the rules of Council be suspended to allow for first reading at our next session of Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 080623, as amended, be reported out of this Committee with a favorable recommendation and a further recommendation that the rules of Council 78 12/3/08 - STREETS - BILL 080587, etc. be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 10 is approved.
Mr. Chairman, I move that we pass the amendment to Bill No. 080624. (Duly seconded.) COUNCILMAN DiCICCO: It's been properly moved and seconded that the amendment to Bill No. 080624 be approved. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The amendment is approved. 79 12/3/08 - STREETS - BILL 080587, etc. Councilman Greenlee.
Mr. Chairman, I move that Bill No. 5 080624, as amended, be reported out of this Committee with a favorable recommendation and rules of Council be suspended to allow for first reading at our next session of Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 080624, as amended, be reported out of this Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 24 is approved. Councilman Greenlee. 80 12/3/08 - STREETS - BILL 080587, etc.
Mr. Chairman, I move the amendment to Bill No. 080804. (Duly seconded.) COUNCILMAN DiCICCO: It's been properly moved and seconded that the amendment to Bill 080804 be approved. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The amendment is approved. Councilman Greenlee.
Mr. Chairman, I move that Bill No. 20 080804, as amended, be reported out of this Committee with a favorable recommendation and the rules of Council be suspended to allow for first reading at our next session of Council. (Duly seconded.) 81 12/3/08 - STREETS - BILL 080587, etc. COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 080804, as amended, be reported out of this Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 15 is approved.
Mr. Chairman, I move that Bill No. 080880 be reported out of this Committee with a favorable recommendation, that the rules of Council be suspended to allow for first reading at our next session of Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that 82 12/3/08 - STREETS - BILL 080587, etc. Bill No. --
I'd like to speak on this. COUNCILMAN DiCICCO: Councilman Green.
Thank you. I don't think that this body should be in the position of questioning the judgment of our professionals who work for the City. Our traffic engineers know what they're doing. I think we ought to respect their opinions in matters like this, and so I urge my colleagues to vote no on this ordinance. COUNCILMAN DiCICCO: Thank you. There's been a motion on Bill 18 080880. It's been seconded. All those in favor of the bill 20 signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed?
No. 25 COUNCILMAN DiCICCO: The 83 12/3/08 - STREETS - BILL 080587, etc. majority votes in favor. The bill is approved. Councilman Greenlee. We're going to do the consent starting at 760.
We're trying to get through this as quickly as possible. So, Chairman, I'm requesting that we move in a consent agenda Bill 12 080760; 080803, 080904, 080834, 080761, 080796, 080836, 080852, 080905, 080757, 080794, 080833. I move that we move all of those bills in a consent agenda and that the rules of Council be suspended to allow first reading at our next public session. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that the bills that have just been read into the record be approved by this Committee and that the rules of Council be suspended so as to permit first reading of our next 84 12/3/08 - STREETS - BILL 080587, etc. regular session of City Council. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The ayes have it. All those bills have been approved. We will now move to those bills that are being asked to be approved but without suspension.
Yes. Chairman, I move that Bill 080883, Bill 17 080900, Bill 080902, Bill 080903 be moved out of Committee with a favorable recommendation. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that the four bills that have just been read into the record be reported out of this Committee with a favorable 85 12/3/08 - STREETS - BILL 080587, etc. recommendation. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: This concludes the public meeting on the Committee of Streets and Services. Thank you all, members of the Committee and other folks, for attending. Thank you. (Committee on Streets and Services adjourned at 3:30 p.m.) - - - 86 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on December 3, 2008, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)