COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON STREETS AND SERVICES - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, October 18, 2006 10:10 a.m. - - - PRESENT: COUNCILMAN FRANK DiCICCO, CHAIR COUNCILMAN JUAN RAMOS COUNCILMAN DARRELL L. CLARKE COUNCILWOMAN DONNA REED MILLER COUNCILMAN FRANK RIZZO COUNCILWOMAN BLACKWELL BILLS 060619, 060626, 060632, 060634, 060694, 060702, 060703, 060730 - - - 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 morning, everyone. My name is Frank DiCicco. I'm the Chair of the Committee on Streets and Services. To my immediate right is Councilwoman Donna Reed Miller and to my far left is Councilman Rizzo. We do have a quorum, and I would like to begin the public hearing on the Committee on Streets and Services. I would ask Mr. Abernathy to read the title of the first bill.
Bill No. 14 060632, an ordinance amending Section 15 9-212 of The Philadelphia Code by prohibiting newsstands within an area bounded by Passyunk Avenue, 13th Street and Mifflin Street. COUNCILMAN DiCICCO: Is there anyone here testifying on this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I'll ask the Clerk to read the second bill.
Bill No. 3 10/18/06 - STREETS - BILL 060619, ETC. 060634, an ordinance amending Section 3 9-212 of The Philadelphia Code by prohibiting newsstands on both sides of 6th Street between Chestnut Street and Sansom Street. COUNCILMAN DiCICCO: Is there anyone here who wishes to testify on this bill? If you do, please come up to the witness table. You can come up together, if you'd like. One at a time. I'm sorry. You're first. You'll be first, sir, and then the gentleman. Okay. Please identify yourself for the record and begin with your testimony.
I'm Steven Fenning. I'm the Building Manager, Property Manager, for the Public Ledger Building, and the purpose here today is to see what we can do about removing newsstands at the corner of 6th and Chestnut Street. I have photos of the newsstand. It's right on the corner 4 10/18/06 - STREETS - BILL 060619, ETC. right on the opposite side of Independence Hall. It's a large newsstand that prominently displays pornographic material, and it's right also between the Lights of Liberty Show, and just thousands of visitors to Philadelphia walk by this corner every day and the pornographic material is right out there in front for everybody to see, children, parents, grandparents. So we think it is an obtrusive newsstand on the corner. Also, that the fact that the newsstand showed up one morning without any public notice that it was going to arrive. The nearby owners and occupants of the buildings were not informed of this newsstand and what kind of materials would be displayed. Also, there's a number of street vendors or street carts with food and other newspaper machines on that corner. COUNCILMAN DiCICCO: The honor boxes. 5 10/18/06 - STREETS - BILL 060619, ETC.
Yes. There's a number of those, in addition to some food vendors on the corner, and it makes for a very congested corner and it's just -- COUNCILMAN DiCICCO: Somewhat of a carnival atmosphere.
We do have photos if you want to take a look at those. COUNCILMAN DiCICCO: Yes. We'll ask --
They've been distributed. COUNCILMAN DiCICCO: They've been distributed. We have copies. Let the record also reflect that Councilman Ramos is here. He's the Co-Chair of the Streets and Services Committee. Any questions for this witness from the Committee? (No response.) 6 10/18/06 - STREETS - BILL 060619, ETC.
I believe Ann Meredith of Lights of Liberty and the President of the Independence Hall Board Coalition sent a letter also. COUNCILMAN DiCICCO: We do. We have a letter as well. Councilman Rizzo.
If the materials that you consider objectionable weren't displayed, would that be satisfactory? COUNCILMAN DiCICCO: Let me interrupt, if I may. Attempts have been made, Councilman, to have the owner remove those materials that we believe were offensive and should be properly displayed. L&I was out on one or two occasions. I know the gentleman who owns the stand, who operates the stand was cited. He continued to ignore those warnings and citations. Subsequent to that, he posted a sign saying that he would rape and kill anyone who interfered with the operation 7 10/18/06 - STREETS - BILL 060619, ETC. of his newsstand. Subsequent to that, I believe he has made indications that he would now be willing to comply. But it's been an ongoing issue. It's not --
I appreciate your effort to work that out. We're on the same page. Thank you. COUNCILMAN DiCICCO: Thank you. Any other questions for this witness? (No response.) COUNCILMAN DiCICCO: Thank you, sir. Thank you for coming in. Sir, please identify yourself for the record and proceed with your testimony.
This is Mauhammed Shaukat. My newsstand on 6th and Chestnut -- COUNCILMAN DiCICCO: You need to pull that microphone a little bit closer, sir, so we can hear you. Bring the microphone a little bit closer.
My name is 8 10/18/06 - STREETS - BILL 060619, ETC. Mauhammed Shaukat. I think I'm not bothering anybody. I think everybody sell those magazines. I'm not sell alone. So I'm not -- I mean, I am only person in my family working. Nobody give me the job. That's why my eye problem. I have eyes problem, too much eyes problem. I cannot read. I cannot see. I mean, so that's why I doing this business. COUNCILMAN DiCICCO: Sir, do you recall getting a notice from the Department of Licenses and Inspection about the material that you were selling?
But I'm not selling right now that material after the notice. COUNCILMAN DiCICCO: Do you recall shortly after the notice was given that you posted a sign threatening people with either rape or death?
If somebody threaten me -- somebody threaten me. That's why I -- 9 10/18/06 - STREETS - BILL 060619, ETC. COUNCILMAN DiCICCO: Who threatened you?
I don't know. Somebody come over here and complains, and the City goes to me, City inspectors goes to me, and they threaten me. That's why. COUNCILMAN DiCICCO: Well, it was a warning about the material that you were selling and that was being displayed in full view of the --
Yeah -- COUNCILMAN DiCICCO: Let me finish. (Continued) -- in full view of the public. You may perceive that to be a threat. I believe that was the job that the inspectors were doing and that's what their job is, to give you a warning. They didn't fine you, to the best of my knowledge, and maybe they did subsequent to the first warning. They were doing their job. If you perceive that to be a threat, that's on you. And you refused to remove the material, and then 10 10/18/06 - STREETS - BILL 060619, ETC. subsequent to that, you threatened people with bodily harm. That I consider is a real threat. Notification to remove materials that we find are offensive to the public and are not permitted under the Code is not a threat. Threatening people with bodily harm, that's something of serious concern. You didn't help yourself. People were polite to you. People were giving you an opportunity to continue to provide a service there and earn a living. You wanted to ignore it, and for some reason you thought physical intimidation was going to make us go away. In fact, what you did is, sir, you caused us to make you go away from 6th and Chestnut. You don't threaten people. You don't threaten City employees. That's not the way it's done.
No. I'm not threatening. COUNCILMAN DiCICCO: Well, you 11 10/18/06 - STREETS - BILL 060619, ETC. did. You did.
In using the word "rape," what was your rationale with that word?
I mean, that is obviously inappropriate. COUNCILMAN DiCICCO: Any other questions for this witness?
I have one question. COUNCILMAN DiCICCO: Councilwoman Miller.
Excuse me, but if it's not a threat, what do you call it, if it's not a threat? You said you didn't threaten people. If it's not a threat, then what do you call it? (No response.)
All right. Thank you. COUNCILMAN DiCICCO: Any other questions? 12 10/18/06 - STREETS - BILL 060619, ETC. (No response.) COUNCILMAN DiCICCO: Thank you for your testimony. Anyone else here who wishes to testify on this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, the Clerk will read the title of the next bill. Thank you, sir. We've heard your testimony. You need to leave the witness table. Thank you.
Bill No. 15 060694, an ordinance authorizing Commerce Bank to construct, operate and maintain a building facade located at 8600 Germantown Avenue at Evergreen Street, Philadelphia, under certain terms and conditions.
Good morning, Chairman and members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I'm here to offer the 13 10/18/06 - STREETS - BILL 060619, ETC. following testimony for Bill No. 060694. This bill authorizes Commerce Bank to construct, operate and maintain a building facade located at 8600 Germantown Avenue at Evergreen Street. The facade, which is approximately 73 feet in length by feet high, 9 encroaches six feet onto the south public 10 footway of Germantown Avenue, leaving 11 nine feet of clear footway. The proposed 12 facade will replicate dimensionally a 13 portion of the original building which 14 encroached onto the public right-of-way. 15 The Streets Department has 16 reviewed the construction plans. As the 17 encroachment does not adversely affect 18 the public right-of-way and mirrors the 19 original encroachment, the Streets 20 Department recommends passage of this 21 bill. 22 COUNCILMAN DiCICCO: Thank you. 23 Any questions for this witness from the Committee? (No response.) 14 10/18/06 - STREETS - BILL 060619, ETC. COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I'll ask the Clerk to read the title of the next bill. Thank you.
Bill No. 11 060626, an ordinance authorizing the paving of Delaware Avenue from Levick Street to Magee Avenue and Magee Avenue from Delaware Avenue to New State Street, under certain terms and conditions.
Good morning, Mr. Chairman and members of the Committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 060626. This is not an administrative ordinance, but an ordinance requested by Mr. Christopher Wierzbicki, Vollmer 15 10/18/06 - STREETS - BILL 060619, ETC. Associates, 260 South Broad Street, Suite 1210, Philadelphia, PA 19102. The purpose of this ordinance 5 is to pave the streets, facilitate the development of 600 condominium units, parking and open pace. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action. 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, I would ask the Clerk to read the title of the next bill. Before you do that, just let the record reflect that Councilman Darrell Clarke is also in attendance. 16 10/18/06 - STREETS - BILL 060619, ETC. Thank you.
Bill No. 4 060702, an ordinance authorizing the paving of Sunshine Lane and Solar Way, under certain terms and conditions.
Good morning, Mr. Chairman and members of the Committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 060702. This is not an administrative ordinance, but an ordinance requested by Mr. Donald C. Bradley, President, Maple Point Development Corp., 13 South Cliff Court, Churchville, PA 18966. The purpose of this ordinance 20 is to pave these streets to facilitate the development of 39 solar integrated/zero energy single-family attached residential units to be constructed at 743 Maple Lane. This ordinance is supported by 17 10/18/06 - STREETS - BILL 060619, ETC. the Department of Streets and is recommended to your Committee for favorable action. 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, I will ask the Clerk to read the title of the next bill.
Bill No. 17 060703, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 344 by placing on the City Plan Sunshine Lane and Solar Way and a 50-foot-wide right-of-way for drainage purposes and a variable width right-of-way for drainage purposes, under certain terms and conditions, including the dedication to 18 10/18/06 - STREETS - BILL 060619, ETC. the City, free and clear of all encumbrances, of the beds of Sunshine Lane and Solar Way.
Good morning, Mr. Chairman and members of the Committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 060703. This is not an administrative ordinance, but an ordinance requested by Mr. Donald C. Bradley, President, Maple Point Development Corp., 13 South Cliff Court, Churchville, PA 18966. The purpose of this ordinance 18 is to place these streets on the City Plan for the development of 39 solar integrated and zero energy single-family attached residential units to be constructed at 743 Maple Lane. This ordinance is supported by the Department of Streets and is recommended to your Committee for 19 10/18/06 - STREETS - BILL 060619, ETC. favorable action. COUNCILMAN DiCICCO: Good morning.
Good morning, Chairman, members of the Streets and Services Committee. My name is Martin Soffer, Director of the Development Planning Division of the Planning Commission, and I'm here to testify on behalf of the City Planning Commission. The purpose of this ordinance 13 is to allow for the construction of 39 single-family homes along newly dedicated City streets. The Philadelphia City Planning Commission approved a preliminary plot for this development at its meeting on January 20, 2006. Therefore, the Planning Commission recommends that Bill 21 No. 060703 be approved. Thank you. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses from the Committee? 20 10/18/06 - STREETS - BILL 060619, ETC. (No response.) COUNCILMAN DiCICCO: Anyone here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I will ask the Clerk to read the title of the next bill.
Bill No. 11 060730, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 278 by placing on the City Plan Delaware Avenue from Hellerman Street to Magee Avenue and by placing Magee Avenue from Delaware Avenue to New State Road, under certain terms and conditions, including the dedication to the City, free and clear of all encumbrances, of the beds of Delaware Avenue and Magee Avenue being placed under authority of this ordinance 23 and also dedication to the City, free and clear of all encumbrances, of a portion of the bed of Delaware Avenue between 21 10/18/06 - STREETS - BILL 060619, ETC. Levick Street and Hellerman Street not previously opened.
Good morning, Mr. Chairman and members of the Committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 060730. This is not an administrative ordinance, but an ordinance requested by Christopher Wierzbicki, Vollmer Associates, 260 South Broad Street, Suite 1210, Philadelphia, PA 19102. The purpose of this ordinance 17 is to place Magee Avenue and Delaware Avenue on the City Plan for the development of 600 condominium units, parking and open space. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.
Good morning, 22 10/18/06 - STREETS - BILL 060619, ETC. Chairman, members of the Streets and Services Committee. My name is Marty Soffer, Director, Development Planning Division, and I'm here to testify on behalf of the City Planning Commission. The purpose of this ordinance 8 is to facilitate the redevelopment of the former 22-acre Dodge Steel site into a new residential community. The Planning Commission has approved a residential master plan which comprises 570 dwelling units in 14 buildings and three and a half acres for 15 park purposes. Also, the extension of 16 Magee Avenue will give neighborhood residents direct access to the waterfront as well as the proposed parkland. The Philadelphia City Planning Commission approved a rezoning bill for this development at its meeting on September 19, 2006. Therefore, the Planning Commission staff recommends that Bill No. 060730 be approved. Thank you. 23 10/18/06 - STREETS - BILL 060619, ETC. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses from the Committee? Councilman Clarke.
I'm going blank with the name. Give us a minute. They're from out of town. There is a group of three parties. I do not have it with me, but I can get back to you with that answer.
If you can 24 10/18/06 - STREETS - BILL 060619, ETC. get it over to the Chair, please. And is it mid-rise, high-rise?
It's 570 units 15 within 16 buildings. 16 COUNCILMAN DiCICCO: Oh, 16 buildings. Okay.
Thank you. If you can just give that information 25 10/18/06 - STREETS - BILL 060619, ETC. over to us about --
-- the development team. Thank you. COUNCILMAN DiCICCO: You can just give it to him directly. You don't need to give it to me, because I may lose it. So just give it to Councilman Clarke directly.
Thank you, Mr. Chair. COUNCILMAN DiCICCO: Any other questions for these witnesses? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.
Bill No. 21 060619, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 105 by striking from the City Plan and vacating Ludwick Street from Haverford Avenue to Wallace Street, 10/18/06 - STREETS - BILL 060619, ETC. under certain terms and conditions.
Good morning, Mr. Chairman and members of the Committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 060619. This is not an administrative ordinance, but an ordinance requested by Mr. Kenneth C. Evans, Senior Development Manager, PHA, 12 South 23rd Street, Philadelphia, PA 19103. The purpose of this ordinance 16 is to strike and vacate Ludwick Street to provide for land to build a 55-unit affordable rental development which would feature walk-up style apartments and townhomes. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action. COUNCILMAN DiCICCO: Thank you. 27 10/18/06 - STREETS - BILL 060619, ETC.
Good morning, Chairman, members of the Streets and Services Committee. My name is Martin Soffer, Director of the Development Planning Division, and I'm here to testify on behalf of the City Planning Commission. The purpose of this ordinance 10 is to allow the Philadelphia Housing Authority to redevelop a ten-block area known as the Marshall Shepherd Village. This redevelopment will consist of 87 newly constructed affordable in-fill housing. The proposal is to strike Ludwick Street, a minor street, from the City Plan and replace it with a rear driveway to facilitate off-street parking for dwellings that will front along Preston and Budd Streets. The Planning Commission approved the redevelopment agreement at its meeting on October the 17th, 2006. Therefore, the Planning Commission recommends that Bill No. 060619 be 28 10/18/06 - STREETS - BILL 060619, ETC. approved. Thank you. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses? Councilwoman Blackwell, who is the sponsor of this bill, would like to speak on it.
Thank you, Mr. Chairman. First let me say we're trying to catch up with Darrell Clarke, Mr. Chairman. That's why we wanted to introduce this legislation. But in all seriousness, we have been working on this issue for some time, and we really, really hope that the Committee will consider vacating this street. It serves no purpose now. It's right in the middle of an area that we need in order to develop the Marshall Shepherd Homes, and we would hope that you would certainly consider approving this legislation and with the suspension of the rules. 29 10/18/06 - STREETS - BILL 060619, ETC. COUNCILMAN DiCICCO: If you're that concerned about not having enough development, I would gladly shift four casino sites over to your district. Just let me know and give me the word and we can do another reapportionment. I'll give you Delaware Avenue.
I will tell you, Mr. Chairman, the casino stuff, it is so far removed from my area, I don't even know what's going on with it. COUNCILMAN DiCICCO: I know. Thank you, Councilwoman.
Thank you. COUNCILMAN DiCICCO: Any questions for these witnesses? (No response.) COUNCILMAN DiCICCO: Seeing none, this concludes the public hearing on the Committee on Streets and Services. We will now go into the public meeting. The Chair recognizes Councilman Ramos. I don't mention the bill numbers 30 10/18/06 - STREETS - BILL 060619, ETC. because I think it's repetitive.
Thank you, Mr. Chairman. I move that Bill No. 5 060619 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 060619 be reported out of this Committee with a favorable recommendation and 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 Ramos. 31 10/18/06 - STREETS - BILL 060619, ETC.
I move that Bill No. 060626 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 060626 be reported out of this Committee with a favorable recommendation and 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 23 is approved. Councilman Ramos.
I move that 32 10/18/06 - STREETS - BILL 060619, ETC. Bill No. 060632 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 060632 be reported out of Committee with a favorable recommendation and 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 22 is approved. Councilman Ramos.
I move that Bill No. 060634 be reported out of 33 10/18/06 - STREETS - BILL 060619, ETC. Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 060634 be reported out of this Committee with a favorable recommendation and 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 21 is approved. Councilwoman Miller.
I move that Bill 060694 be reported out of this Committee with a favorable recommendation 34 10/18/06 - STREETS - BILL 060619, ETC. and further request that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.) COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 8 060694 be reported out of Committee with a favorable recommendation and 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 18 is approved. Councilman Ramos.
I move that Bill No. 060702 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council 35 10/18/06 - STREETS - BILL 060619, ETC. meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 060702 be reported out of this Committee with a favorable recommendation and 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 17 is approved. Councilman Ramos.
I move that Bill No. 060703 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. 36 10/18/06 - STREETS - BILL 060619, ETC. (Duly seconded.) COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill 5 060703 be reported out of this Committee with a favorable recommendation and 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. Councilman Ramos.
I move that Bill No. 060730 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has 37 10/18/06 - STREETS - BILL 060619, ETC. been properly moved and seconded that Bill No. 060730 be reported out of this Committee with a favorable recommendation and 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 14 is approved. This concludes the public meeting on the Committee on Streets and Services. I thank all my colleagues for attending. (Committee on Streets and Services adjourned at 10:40 a.m.) - - - 38 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 October 18, 2006, 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.)