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Minutes

Committee Hearing, June 12, 2000

Philadelphia City Council Committee HearingsJun 12, 2000

People mentioned

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

Organizations mentioned

Councilman Rizzo

In other words, it could include the shoulder of the road?

Ms. Sen

Yes. Most of these, I believe, are in the shoulder of the road; they're not going to be in what is now Delaware Avenue.

Councilman Rizzo

Great. 62 6/12/00 STREETS, SERVICES - BILL 000340

Ms. Sen

And this actually is at the end of Delaware Avenue, the last block, before it dead-ends at Lewis Street. It's not down where there's a little more traffic.

Councilman Rizzo

It's near the PECO Richmond Generating Station.

Ms. Sen

Right, exactly.

Councilman Rizzo

Okay, thanks.

Ms. Sen

You're welcome.

Councilman Dicicco

Any other questions of these witnesses? (No further questions.)

Councilman Dicicco

Thank you, thank you both. Yes, sir?

Mr. Mccullough

If I may, we ask that the committee grant 340 a favorable recommendation and a suspension of the rules.

Councilman Dicicco

Thank you, so moved.

Mr. Mccullough

Thank you.

Councilman Dicicco

Any other questions for this witness from the committee? (No questions.) 63 6/12/00 STREETS, SERVICES - BILL 000372, 373

Councilman Dicicco

Is there anyone else here who wishes to testify on this bill? (No response.)

Councilman Dicicco

Hearing none, the clerk will read the title of the next bill. Thank you.

The Clerk

Bill No. 000372, an ordinance granting permission to Temple University of the Commonwealth System of Higher Education to construct, use, and maintain various underground utility facilities and appurtenances within the public right-of-way of an area bounded by Cecil B. Moore Avenue, 13th Street, Oxford Street, and Park Avenue, all under certain terms and conditions. And companion Bill No. 000373, an ordinance granting permission to Temple University Commonwealth System of Higher Education to construct, use, and maintain a telecommunications duct bank and manholes within and under Diamond Street between Broad Street and Tenth Street, all under certain terms and conditions.

Ms. Sen

Good morning, Mr. Chairman and members of the committee. Again, my name is Nancy Sen, and I'm here to testify on Bill No. 372 64 6/12/00 STREETS, SERVICES - BILL 000372, 373 and companion Bill 373. The purpose of ordinance 000372 is to grant permission to Temple University to install and maintain private utilities under the public right-of-way surrounding their proposed student residence building that will fill the entire block bounded by Cecil B. Moore Avenue on the north, 13th Street on the east, Oxford Street on the south, and Park Avenue on the west. The encroaching private utility facilities to be incorporated in the construction project include Temple University electric power lines and manholes, Temple University telephone conduit and manholes, Temple University steam, water lines and manholes, Temple University chilled water lines and manholes, and Temple University underground conduit for 32 street light poles surrounding this site. The Streets Department has reviewed the preliminary plans for this project and no 22 objection to the passage of this bill. Before I go on, I believe Temple is here to testify for 372. (Witnesses come forward.) 65 6/12/00 STREETS, SERVICES - BILL 000372, 373

Councilman Dicicco

Good morning, gentlemen. Please identify yourself for the record.

Mr. Gerstein

Good morning, Chairman and members of the committee. I'm Marvin Gerstein (ph.), Director of Planning and Design for Temple University. This is Kevin O'Tool, who is Assistant Director of the Office. We appreciate your consideration of this ordinance. There has been a serious shortage of on-campus housing for our students. In order to meet that need, we have under construction at the present time a new 1,000-bed facility on the subject block. We would appreciate your consideration of our bringing our central utilities and various other utilities to this site to this site.

Councilman Dicicco

Thank you. Any questions for these witnesses? Councilmember Clarke?

Councilman Clarke

Thank you, Mr. Chairman. Good morning. Mr. Gerstein, with respect to the closing, you recall in the past we had some 66 6/12/00 STREETS, SERVICES - BILL 000372, 373 concern about 13th Street in particular and some of the community residents. What has the University done in terms of notification to the surrounding residents about this particular closing?

Mr. Gerstein

We don't anticipate any permanent closings of the streets in order to do this. We expect portions of the street to be closed on a temporary basis simply as needed to the construction of the facilities. There will be no long-term closing of streets proposed for this proposed.

Councilman Clarke

My question was, what outreach has the university done to the surrounding residents to let them know the timelines associated with the temporary closings?

Mr. Gerstein

Both Tom Anderson and Chip Marshall of the University have spoken with the local residents in the immediate vicinity of the project.

Councilman Clarke

Okay. Is there anything documented to that effect? In the event that somebody calls me wants to know why is that street closed again. 67 6/12/00 STREETS, SERVICES - BILL 000372, 373

Mr. Gerstein

We can have Tom Anderson prepare something for you.

Councilman Clarke

Okay. Yeah, I just want to -- you know, this is a relatively sensitive issue, and I just want to make sure that people --

Mr. Gerstein

I appreciate and I'll have -- I'll ask Tom to give you some correspondence about what was said specifically.

Councilman Clarke

Okay, thank you.

Councilman Dicicco

Any other questions? (No further questions.)

Councilman Dicicco

Thank you. Thank you for your testimony. The clerk will read the title of the next bill.

The Clerk

Bill No. 000396, an ordinance granting permission to Sophia Saritsogloy, owner and operator of Sophia's Lunch Truck, located on the north side of Market Street between 39th and 40th Streets, approximately in front of 3901 Market Street, to install, use, and maintain certain electrical wires, conduits, and 68 6/12/00 STREETS, SERVICES - BILL 000396 appurtenances in, under, and over the north footway of the north side of Market Street between 39th and 40th Street for the purpose of supplying electricity to said lunch truck, under certain terms and conditions.

Ms. Sen

Good morning, Mr. Chairman and members of the committee. My name in Nancy Sen, and I'm here to testify on Bill 396 on behalf of the Streets Department. This ordinance grants permission to Sophia Saritsogloy, owner and operator of Sophia's Lunch Truck, to connect and maintain electrical service to her lunch truck. The Streets Department has not seen the actual plans for this proposal, but most hookups to vendor trucks usually include attaching a meter and plug receptacle to either an existing PECO pole or a privately owned pole. The Streets Department is opposed to this type of electrification connection because it will cause unsafe conditions for pedestrian traffic, become an attractive nuisance for vandalism or possible injury, and would set a very unsafe precedent. 69 6/12/00 STREETS, SERVICES - BILL 000396 We understand that vendors need to have a power source for their refrigeration systems; however, there may be alternate technologies that prove beneficial, economic, and ecological to be used. There are gas propane refrigerator units on the market. We would hope that the need for power could be addressed by alternate means.

Councilman Dicicco

Councilman Rizzo?

Councilman Rizzo

You just described a condition, which I don't think is a precedent. Are you telling me that we have no other installation anywhere in the City of Philadelphia that resembles what you've just described?

Ms. Sen

There are some lunch trucks that are hooked up that stay parked all night so that they are permanently at -- the meter and the receptacle is on the top of truck and then it's wired to a PECO pole that's right beside the truck. But a lot of these trucks are -- they drive home at night. So, really, what's proposed about four years ago was to put a pole, similar to a light pole, that would have a locked box with a meter and a receptacle in it. And at that time, the 70 6/12/00 STREETS, SERVICES - BILL 000396 Streets Department opposed it. You know, the Streets Department doesn't want to see, nor does L&I, more street furniture in the right-of-way that is not attended in the evening, just because these trucks leave at p.m. or around that time. 7

Councilman Rizzo

So you're opposed to this based on esthetics and you threw the word "safety" in there, 'cause I don't see a safety issue here.

Ms. Sen

Well, the meters will be locked, but if anybody should, you know, get into the lock, it's a meter and an electric receptacle and --

Councilman Rizzo

So you're basing your position on safety and also the fact that esthetically, it doesn't work.

Ms. Sen

Esthetically, will it be maintained, you know, once it's there. If the truck ever goes out of business five years from now, it's something in the right-of-way that Streets would have to deal with maybe --

Councilman Rizzo

But I respectfully disagree that maybe vandalism or something like that could be an unsafe situation, but there is 71 6/12/00 STREETS, SERVICES - BILL 000396 applications and installations like that everywhere that are considered appropriate. You couldn't get an electrical cert if it were an unsafe situation, so I don't think it's a matter of being an unsafe situation. Thank you.

Councilman Dicicco

Any other questions for this witness from the committee? (No questions.)

Councilman Dicicco

Is there anyone else here who wishes to testify on this bill? (No response.)

Councilman Dicicco

Hearing none, I will read the title of the next Bill. Bill No. 000406, an ordinance -- is that yours, Nancy?

Ms. Sen

Councilman, I believe we missed this testimony on the second Temple bill, 373.

Councilman Dicicco

Okay, which one was that?

Ms. Sen

373. It's a another project n the campus.

Councilman Dicicco

I'm sorry. 72 6/12/00 STREETS, SERVICES - BILL 000396 Okay, Bill No. 000373, an ordinance 3 granting permission to Temple University of the Commonwealth System of Higher Education to construct, use, and maintain a telecommunications duct bank and manholes within and under Diamond Street between Broad Street and Tenth Street, all under certain terms and conditions.

Ms. Sen

Good morning, Mr. Chairman and members of the committee. Again, my name is Nancy Sen, and I'm here to testify on Bill No. 373 on behalf of the Streets Department. This ordinance grants permission to Temple University to install and maintain private utilities under the public right-of-way of Diamond Street between Broad Street and Tenth Street. These facilities will connect their proposed football facility at Tenth and Diamond Streets to an existing telecommunications manhole at Broad and Diamond Streets. The encroaching private utility facilities to be incorporated in the construction project include: a maximum of nine 4-inch-diameter conduits, making up a duct bank, which runs in the Diamond Street cartway 73 6/12/00 STREETS, SERVICES - BILL 000396 approximately 2 feet north of the south curb line of Diamond Street; along with four manholes placed along the conduit run. The Streets Department has reviewed the preliminary plans for this project and has no 7 objection to the passage of the bill.

Councilman Dicicco

We should get our stadiums done as easy as this. Any questions for these witnesses? Councilman Cohen?

Councilman Cohen

What is a telecommunications duct bank?

Mr. Gerstein

Good morning. This is Marvin Gerstein, Director of Planning and Design at Temple University. This is a cable that will connect this facility, which is comprised of both a practice field and a 23,000 square foot building to the University's telecommunications system. And this is cable which brings telephone and data to the site essentially to connect it, as all of our other buildings are connected.

Councilman Dicicco

Thank you. Any other questions for this witness 74 6/12/00 STREETS, SERVICES - BILL 000406 from the committee? (No questions.)

Councilman Dicicco

Is there anyone else here who wishes to testify on this bill? (No response.)

Councilman Dicicco

Hearing none, the clerk will read the title of the next bill.

The Clerk

Bill No. 000406, an ordinance authorizing Wolf Street Partners LP, owners of the property 2400 South Weccacoe Street, Philadelphia, Pennsylvania, 19148, to construct and maintain fence on the west footway of Weccacoe Street and the south footway of Wolf Street adjacent to the property 2400 Weccacoe Street, all under certain terms and conditions.

Ms. Sen

Good morning, Mr. Chairman. Again, my name is Nancy Sen, and I'm here to testify on Bill No. 000406 on behalf of the Streets Department. This bill grants permission to Wolf Street Partners Limited Partnership to construct various footway encroachments on the public rights-of-way surrounding the Unique Industries Incorporated site being developed at the 75 6/12/00 STREETS, SERVICES - BILL 000406 intersection of Wolf Street and Weccacoe Street. The encroachments are as follows: an 8-foot high chain-link fence bordering both the Wolf Street and Weccacoe Avenue public rights-of-way; a strip of land between the encroaching fence described above in the Wolf Street and Weccacoe Avenue public rights-of-way to be used for purpose of extending the parking area of the site. The strip is to be finished with asphalt paving or gravel from the fence line back into the property. Concrete sidewalk will be maintained on the right-of-way side of the fence out to the respective curb lines. On the Weccacoe Avenue side of the property, the strip's approximately 12-foot wide inside a 22-foot wide footway, leaving approximately 10 foot of clear footway. On the Wolf Street side of the property, the strip is approximately 5 feet wide inside the Wolf Street 15-foot footway, leaving approximately 10 feet of clear footway. The Streets Department has reviewed the preliminary plans for this project and has no 25 objection to the passage of this bill as the 76 6/12/00 STREETS, SERVICES - BILL 000409 proposal leaves sufficient footway width for pedestrian passage.

Councilman Dicicco

Thank you. Any other questions for this witness from the committee? (No questions.)

Councilman Dicicco

Is there anyone else here who wishes to testify on this bill? (No response.)

Councilman Dicicco

Hearing none, the clerk will read the title of the next bill.

The Clerk

Bill No. 000409, an ordinance authorizing Reading Terminal Market Corporation, 51 North 12th Street, Philadelphia, Pennsylvania, 19107, tenant of the Reading Terminal Market, to construct and maintain various electrified aluminum icon signs anchored into the facade of the Reading Terminal Market and extending over the public rights-of-way of Arch Street, 12th Street, and Filbert Street, all under certain terms and conditions.

Ms. Sen

Good morning, Mr. Chairman. Again, my name is Nancy Sen. I'm here to testify on Bill No. 000409 on behalf of the Streets 77 6/12/00 STREETS, SERVICES - BILL 000409 Department. The purpose of this ordinance is to allow the Reading Terminal Market Corporation to erect and maintain signs above the public footways surrounding the Reading Terminal Market Building at 12th and Filbert Streets. The signs project a maximum of 5 feet into the footways, with the lowest point approximately feet above the 10 footway, with the highest point approximately 14-feet-10-inches above the footway, for an overall height of approximately 4-foot-10 each. There are six signs anchored to the Arch Street facade of the building, 10 anchored to the 12th Street facade of the building, and 4 signs anchored to the Filbert Street facade of the building. The Streets Department has reviewed the preliminary plans for this project and has no 20 objection to the passage of this bill, as the proposal leaves sufficient footway clearance for pedestrian passage.

Councilman Dicicco

Any other questions for this witness from the committee? (No questions.) 78 6/12/00 STREETS, SERVICES - BILL 000410

Councilman Dicicco

Is there anyone else here who wishes to testify on this bill? (No response.)

Councilman Dicicco

Hearing none, the clerk will read the title of the next bill.

The Clerk

Bill No. 000410, an ordinance authorizing Keystone Properties LP to construct and maintain various encroachments above and over the north footway of the 1000 block of Market Street adjacent to the Gallery II, all under certain terms and conditions.

Ms. Sen

Again, my name is Nancy Sen, and I'm here to testify on Bill No. 000410 on behalf of the Streets Department. This ordinance grants permission to Keystone Properties Limited Partnership to erect and maintain signs above the Market Street public footways for the Old Navy Store now being developed at the Gallery II Complex at Tenth and Market Streets. The encroachments are all anchored to the Market Street facade of the building and they are as follows: one electrified icon sign, two stainless-steel flag poles with cloth flags, four 79 6/12/00 STREETS, SERVICES - BILL 000410 rigid steel canopies over the windows. The Streets Department has reviewed the preliminary plans for this project and has no 5 objection to the passage of this bill, as the proposal leaves sufficient footway clearance for pedestrian passage.

Councilman Dicicco

Any other questions for this witness from the committee? (No questions.)

Councilman Dicicco

Is there anyone else here who wishes to testify on this bill? (No response.)

Councilman Dicicco

Hearing none, we will now move into the telecommunications bills.

The Clerk

Bill No. 000402, an ordinance granting permission to Conectiv Communications Incorporated, a Delaware corporation, its successors and assigns, to construct, maintain and operate, replace, and remove a telecommunications system along, over, in, and under the public rights-of-way and City streets and to place such telecommunications system within the existing facilities owned by Bell Atlantic PA, PECO Energy Company, 80 6/12/00 STREETS, SERVICES - BILL 000410 Southeastern Pennsylvania Transportation Authority, CSX Corporation, Norfolk Southern Corporation, Consolidated Rail Corporation, Shared Assets, or other entity holding a grant pursuant to other City ordinances, subject to such owner's consent; all under certain terms and conditions.

Ms. Sen

Good morning, Chairman and members of the Committee. Again, my name is Nancy Sen, and I'm here to testify on Bill No. 000402 on behalf of the Streets Department. The purpose of this ordinance is to grant permission to Conectiv Communications, a Delaware corporation, to construct and maintain a fiber optics network and a telecommunications system in, under, and above the public rights-of-way at various locations along the route, as specified in the ordinance. The proposed route will predominantly run in existing underground conduit, with a small portion running aerially on existing pole lines. Additionally, at 10 intersections along the route, CCI will construct approximately 800 feet total of new underground conduit. At each intersection, a CCI manhole will be installed to 81 6/12/00 STREETS, SERVICES - BILL 000410 connect the new conduit to existing Bell Atlantic and PECO Energy underground facilities. The Department of Streets has reviewed the preliminary plans and has no objection to the passage of this ordinance. (Witness comes forward.)

Councilman Dicicco

Good morning. Please identify yourself for the record.

Mr. Eberwein

Good morning, Mr. Chairman and members of the committee. My name is Guy Eberwein (ph.), and I'm Manager of Outside Plan Engineering at Conectiv Communications, Incorporated. Conectiv Communications, Incorporated is a subsidiary of Conectiv, which was formed by the merger of Del Marva Power and Light and Atlantic Electric. And we're here today as part of the process so that we can install a fiber optic network within the City of Philadelphia, and we respectfully request a suspension of the rules.

Councilman Dicicco

So noted. Any other questions for this witness from the committee? (No questions.) 82 6/12/00 STREETS, SERVICES - BILL 000405

Councilman Dicicco

Is there anyone else here who wishes to testify on this bill? (No response.)

Councilman Dicicco

Hearing none, the clerk will read the title of the next bill.

The Clerk

Bill No. 000405, an ordinance granting permission to Sunesys, Incorporated, its successors and assigns, to construct, maintain and operate, replace, and remove a telecommunications system along, over, in, and under the public rights-of-way in City streets and/or to place such telecommunications system within the existing facilities owned by Bell Atlantic PA, PECO Energy Company, Southeastern Pennsylvania Transportation Authority, CSX Corporation, Norfolk Southern Corporation, Consolidated Rail Corporation, Shared Assets, or other entity holding a grant pursuant to other City ordinance, all under certain terms and conditions.

Ms. Sen

Good morning, Mr. Chairman and members of the committee. My name is Nancy Sen, and I'm here to testify for the Streets Department on Bill No. 000405. 83 6/12/00 STREETS, SERVICES - BILL 000405 This is not an administrative ordinance 3 but an ordinance requested by Mr. Brian Heverin, Senior Project Engineer for Sunesys, located at Post Office Box 1776, Horsham, PA. The purpose of this ordinance is to construct and maintain fiber optics network and a telecommunications system in and under the Callowhill Street public right-of-way between the Delaware River and a telecommunications facility at 401 North Broad Street. The Department of Streets has reviewed the preliminary plan and has no objection to the passage of the ordinance.

Councilman Dicicco

Any other questions for this witness from the committee? (No questions.)

Councilman Dicicco

Is there anyone else here who wishes to testify on this bill? (No response.)

Councilman Dicicco

Hearing none, the clerk will read the title of the next bill.

The Clerk

Bill No. 00121, which was continued from May 31, 2000. This is an ordinance 25 granting permission to Cavalier Telephone 84 6/12/00 STREETS, SERVICES - BILL 000121 Mid-Atlantic LLC, its successors and assigns, to construct, maintain and operate, replace, and remove a telecommunications system along, over, in, and under the public rights-of-way in City streets, and/or to place such telecommunications system on or within the existing facilities owned by Bell Atlantic PA, PECO Energy Company, Southeastern Pennsylvania Transportation Authority, CSX Corporation, Norfolk Southern Consolidated Rail Corporation, Shared Assets, or other entity holding a grant pursuant to other City ordinances, all under certain terms and conditions.

Councilman Dicicco

Is there any further testimony on this bill? (No response.)

Councilman Dicicco

Hearing none, the clerk will read the title of the next bill.

The Clerk

And Bill No. 000218, also continued from a public hearing on May 31, 2000. This is an ordinance granting permission to Columbia Transmission Communications Corp., a Delaware corporation, its successors and assigns, to construct, maintain and operate, replace, and 85 6/12/00 STREETS, SERVICES - BILL 000218 remove a telecommunications system along, over, in, and under the public rights-of-way in City streets and/or to place such telecommunications system within the existing facilities owned by Bell Atlantic PA, PECO Energy Company, Southeastern Pennsylvania Transportation Authority, CSX Corporation, Norfolk Southern Corporation, Consolidated Shared Assets, or other entity holding a grant pursuant to other City ordinances, all under certain terms and conditions.

Councilman Dicicco

Is there any further testimony on this bill? (No response.)

Councilman Dicicco

Is there anyone else wishes to testify? (No response.)

Councilman Dicicco

Hearing none, the clerk will read the title of the next bill.

Councilwoman Clark

Bill No. 000358, an ordinance amending Title 12 of the Philadelphia Code, entitled "Traffic Code," by amending the provisions relating to parking by physically handicapped persons and disabled and severely 86 6/12/00 STREETS, SERVICES - BILL 000358, 359 disabled veterans. And its companion bill, Bill No. 4 000359, an ordinance amending Title 9 of the Philadelphia Code, entitled "Regulation of Businesses, Trades, and Professions," by conditioning the issuance of licenses for public garages and public parking lots and the provision of accessible parking spaces in such garages and lots, and amending Title of the Philadelphia 11 Code, entitled "Traffic Code," by prohibiting 12 parking in such accessible parking spaces, except by persons parking vehicles lawfully bearing registration plates or parking placards issued to physically handicapped persons or severely disabled veterans, all under certain terms and conditions. (Witnesses come forward.)

Councilman Dicicco

Good morning and please identify yourself for the record.

Ms. Depaul

Good morning, Mr. Chairman and members of the committee. " My name is Jennifer DePaul, and I'm a regional advocate with Eastern Paralyzed Veterans Association. ), our Regional Administrator; and to my left is our Associate Advocacy Director, Marlene Perkins. I'm speaking on behalf Eastern Paralyzed Veterans Association, a private, nonprofit organization dedicated to enhancing the] Lives of veterans with spinal cord injury or disease by assuring quality health care, promoting research, and advocating for civil rights and independence. For more than 50 years, EPVA has been an effective advocate for all persons with disabilities throughout the Delaware Valley. Over the years, EPVA has played a significant role in ensuring that local governments meet the mandated requirements of the Americans With Disabilities Act. For example, here in Philadelphia, EPVA has been active in both the Mayor's Commission on People With Disabilities, as well as a SEPTA 88 6/12/00 STREETS, SERVICES - BILL 000358, 359 Advisory Committee for Accessible Transportation. We have advised SEPTA of their obligations under the Americans With Disabilities Act (or the ADA), and most recently, EPVA successfully improved accessibility for patrons of the First Union Center. It is in this capacity that EPVA offers the following remarks. The issue at hand with regards to this ordinance pertains to the exemption for physically handicapped persons and disabled or severely disabled veterans from parking time limits and parking meter fees. The proposed ordinance 14 provides that a motor vehicle bearing a handicapped or disabled plate or placard may park for a period of 60 minutes in excess of the maximum time limit, rather than for unlimited periods of time on streets where parking is limited, but not prohibited, under certain terms and conditions. EPVA supports equal access to all services provided by State and local government agencies, as outlined in Title II of the Americans With Disabilities Act. Given that the City of Philadelphia does not currently have meters that 89 6/12/00 STREETS, SERVICES - BILL 000358, 359 are accessible to all persons with disabilities, nor are there accessible routes to all of the meters in question, we feel that Section 12-1117 should remain intact. Under Title II of the ADA, it is illegal to implement a policy that discriminates against persons with disabilities, as this proposed will, in effect, do to those persons with legitimate disabilities who park at meters in the City. In other words, if an able-bodied individual has the ability to park at a meter and pay for that time, persons with disabilities should be able to do the same. However, the obstacles that prevent people with disabilities from doing so stem from barriers such as inaccessible meters and a lack of accessible routes to those meters that only the City of Philadelphia can correct. Additionally, EPVA does not feel that the proposed ordinance is entirely addressing the problems associated with the metered parking. If the City's intent is to curb the abuse of metered parking spaces and increase turnover for merchants, why hasn't the issue of feeding the 90 6/12/00 STREETS, SERVICES - BILL 000358, 359 meter been addressed? Many individuals continue to park at metered spaces all day long, even where time limits exist, and feed the meter throughout the day, thus not allowing for any turnover of that parking space. In fact, an article that recently appeared in a local newspaper indicated that some of the worst abusers of the feeding-the-meter practice are business owners themselves. And, finally, exception 2(b) in the proposed ordinance would allow wheel chair lift-equipped vans with placards or plates to park without time limitations and without payment.

Ms. Depaul

EPVA recognizes that while this exemption will be of assistance to some individuals with disabilities, a large portion of the disabled population who use assistive devices such as wheelchairs and do not drive lift-equipped vehicles will be discriminated against by this exemption. EPVA also supports the proposed amendment Subtitle 9, or licensing, of the Philadelphia Code, which is Bill No. 000359. In closing, EPVA would like to stress 91 6/12/00 STREETS, SERVICES - BILL 000358, 359 that while it has been documented that a variety of individuals, both disabled and non-disabled, abuse meter parking. This proposed ordinance is only examining people with disabilities who choose to park at meters in the City of Philadelphia. Not only will this ordinance hurt people with disabilities, but we do not feel that it will adequately address the abuse of metered parking spaces by able-bodied individuals. Thank you for this opportunity to present the views and comments of the Eastern Paralyzed Association.

Councilman Dicicco

Thank you. Is anyone else testifying? (No response.)

Councilman Dicicco

And I agree with you on your comments concerning the abuse of folks who may not have handicapped plates that feed the meters all day long. And I think there's someone from the Parking Authority who will probably address that issue today, and it has been a problem because a number of the communities that I represent are commercial communities, and that is a serious problem. Again, I think the Parking 92 6/12/00 STREETS, SERVICES - BILL 000358, 359 Authority is looking into how to curb some of that abuse. My intention, when I did this bill, was certainly not to harm people from being able to use Center City commercial corridors throughout the City, those folks who have handicapped needs for parking. The problem is, it has just gotten so out of control in Center City -- and I think the Parking Authority will testify to the number of spaces. Somewhere over 54 percent of the spaces in the core of Center City alone on a daily basis are occupied by those vehicles with handicapped placards or plates. And there's a lot of abuse. I mean, just this past Thursday or Friday, on the 1300 block of Chestnut Street, as an example. You know, Chestnut Street has now been reopened to traffic in our hopes that we will create some vitality back on Chestnut Street by bringing traffic out there full-time, hours a 22 day, 7 days a week. Five of the twelve cars that 23 were parked there had handicapped plates. Two of 24 the plates had expired; one had expired in December of 1997; and another one, more recently, 93 6/12/00 STREETS, SERVICES - BILL 000358, 359 in the year 2000. I understand that these are enforcement issues that both the Police Department and the Philadelphia Parking Authority needs to address, but I was just concerned as to two of the vehicles -- or one of the vehicles was parked at a meter, and this was the vehicle whose tag had expired, I think, in either April or May of 2000. The car was parked within about 100 feet of the entrance to a parking garage. And I was just curious -- I don't know who owned that car, whether that person was working or shopping. Why was it so difficult for that person to get to the garage and park within a hundred feet of the meter. I think what I'm looking to do here with this bill is to make less -- to eliminate a lot of abuse all the way around, but more particularly, for those people who are using handicapped plates and should not really be using them today. And I'll just cite one another example. In and around the time the bill was introduced, one of the local news teams were out at Ninth and Race, and they interviewed a 94 6/12/00 STREETS, SERVICES - BILL 000358, 359 gentleman that had a handicapped plate, who had an operation on his knee three or four year ago. So he was granted a handicapped placard and plate because he was going through a certain amount of therapy at the time. He's -- obviously, since that time, he's fully recuperated. He works for Bell Atlantic, and his job is a lineman or something, where he climbs a ladder all day long and strings telephone wires throughout the City of Philadelphia. And those are the kinds of people we want to weed out so that truly handicapped folks have a better opportunity to get on street parking at meters. I mean, that's the intent of this. This is no intention on my part to discriminate against anyone who may have some handicap needs. But, in fact, I think we can weed out those people who are abusing it, and I think we'll actually be benefitting those who are truly needy of handicapped parking. 'Cause when you think about 54 percent of 1100 meters -- and this is just the core of Center City alone -- that's over 500 spaces a day that are occupied full-time, and a significant 95 6/12/00 STREETS, SERVICES - BILL 000358, 359 number of those people, based on just some preliminary inspections that we had made, are for people who should have long time ago given up their placards or tags.

Councilman Dicicco

In South Philadelphia, where I live, along Broad Street, I see people come in every day from New Jersey and Delaware, park their on a meter along South Broad Street, and everyone knows that parking is a premium in South Philadelphia. They park their car, put the club on it, walk a block or two to the nearest subway entrance, go down into the subway concourse, take a subway into work, come back at the end of the day, and take their car. That's the stuff that is really harmful to all of us.

Ms. Perkins

If I could just add --

Councilman Dicicco

Would you please identify yourself for the record.

Ms. Perkins

My name is Marlene Perkins, and I'm an advocate with the Eastern Paralyzed Veterans Association. Just to add on to what you just said, Councilman, maybe that's one way that EPVA can 96 6/12/00 STREETS, SERVICES - BILL 000358, 359 work with the Council and your office, because we believe that the issue of abuse starts beyond just people pulling into parking spaces. It's the issuance of those placards and those plates, whether it's from the medical community or whoever issues those -- the agencies that issues those placards and plates. As an organization, one thing we've done over the past year is to look at the issue of abuse and enforcement throughout Pennsylvania, New Jersey, and New York, the areas that our organization we covers. And one of our sort of targeted groups to address is the medical community, how those placards and plates are issued to anyone who may have gone to a physician for years and then, all of a sudden, feel that 18 they need a placard or a handicapped parking 19 plate. 20 And that's one thing we could probably join forces on and work together.

Councilman Dicicco

And I certainly agree with you, and I think tat that's probably one of the core problems is the issuance. I mean, someone goes to their family doctor, they've been 97 6/12/00 STREETS, SERVICES - BILL 000358, 359 treating the family for the last 30 years, and it's very difficult, I assume, for some doctors to reject someone who has an application. I'm familiar with the abuses and how that occurs. Any questions for these witnesses? Councilmember Rizzo.

Councilman Rizzo

Thank you. I think what you just described is very important, the process. As you drive around, and knowing that this hearing was going to take place, I started to observe the different symbols that authorize this type of parking. There's a physically disabled tag, then there's one that's handicapped. Are they all treated equally as long as they have the symbol?

Councilman Dicicco

Yes.

Councilman Rizzo

On the tag? And one is on the right side of the tag, the other is on the left. It is so confusing --

Councilman Dicicco

I think the right side is if it's the placard or plate was issued to the passenger, as opposed to the owner of the vehicle.

Ms. Depaul

Well, as long as there is 98 6/12/00 STREETS, SERVICES - BILL 000358, 359 a placard in the vehicle, it's not necessarily the driver who has to be disabled. A lot of people who are visually impaired have somebody who drive them around, and they will have a placard hanging in the car.

Councilman Rizzo

If a person has a physically disabled license plate, or one that's for handicapped, can the law enforcement enforce -- is there anything enforceable where if the person that parks in the spot -- I know -- I mean, I was at a party recently where a person had to run out to the supermarket, and they were looking for the car of a family member that had the handicapped tag so they could get a better parking spot at the mall. But can law enforcement issue a ticket to the person if they're not the one that's intended for that space?

Ms. Depaul

Yes. In the State of Pennsylvania, they now issue identification cards, along with placards and plates, and they have the same information. If I'm issued a placard or a plate, I have an identification card with information that matches the information on the 99 6/12/00 STREETS, SERVICES - BILL 000358, 359 placard or plate, and an enforcement officer can ask to see that identification card.

Councilman Rizzo

So if someone is improperly using a vehicle and taking advantage of that privilege --

Councilman Rizzo

There is something in the Motor Vehicle Code that can be enforced.

Ms. Depaul

There is a fine, yes.

Councilman Dicicco

Just to give you another example, when this matter was brought to my attention, it was brought to my attention by a business owner in the Jewelers Row section of the City, Eighth and Sansom. And on the 700 block of Sansom Street, there's somewhere between and 17 parking meter spaces. 18 On two separate mornings that I 19 observed, there were over 16 of those spaces that 20 were occupied by handicapped placards or plates. 21 Now, on the second morning of my visit, a police 22 officer, who was telling they have a very 23 difficult time enforcing the regulations and 24 providing spaces for short-term customers, 'cause that's what meter parking was really designed to 100 6/12/00 STREETS, SERVICES - BILL 000358, 359 be, for short-term parking, a gentleman was literally jogging, chasing after a UPS truck. And he asked me, he said, Do you see that gentleman there? He said, Do you think that man's handicapped? I said, Well, from my visual perception, it doesn't appear to me he has a handicap. It was a business owner, obviously beating the system, abusing the system. He parks there full-time 8 to 10 hours a day. So, I mean, that's really what created this bill. It wasn't just a question of revenue, has nothing to do with the Parking Authority. We brought the Parking Authority in to figure out what we can do to create more spaces for all folks, especially including handicapped folks. There's just too much abuse out there, in my opinion. Councilmember Clarke.

Councilman Clarke

Thank you, Mr. Chairman. In your testimony, I think you said there's a particular type of vehicle that may not be under this particular bill?

Ms. Depaul

Mm-hmm, yes. There is an 101 6/12/00 STREETS, SERVICES - BILL 000358, 359 exemption in this ordinance that would allow a lift-equipped van, a van for somebody who uses a wheelchair that has a lift or a ramp in it. They would not have to abide by any time limits or meter feeds. They would be exempt from this ordinance.

Councilwoman Clark

Just that type?

Ms. Depaul

And the EPVA's position is that there are a lot of individuals who use wheelchairs, for instance, do not drive vans, who just drive normal cars, and they transfer from their vehicle to a wheelchair. They would not be exempt, and they would still be -- you know, they would have to abide by this ordinance. That is what I was speaking of.

Councilman Clarke

Oh, okay, thank you. Thank you, Mr. Chairman.

Councilman Dicicco

Any other questions for these witnesses? (No further questions.)

Councilman Dicicco

Thank you for your testimony, thank you for coming to be.

Ms. Depaul

Thank you. 102 6/12/00 STREETS, SERVICES - BILL 000358, 359

Councilman Dicicco

Next witness. (Witness comes forward.)

Councilman Dicicco

Good morning, and please identify yourself for the record.

Mr. Sullivan

Yes, good morning, Mr. Chairman. My name is Dan Sullivan. " hireAbility is a nonprofit employment program for people with disabilities, located at Magee Rehabilitation Hospital at 16th and Race. We're a regional program that's a free service to people with disabilities and to the business community that assist a person with a disability and the employer in recruiting and hiring qualified folks with disabilities. And we have been doing this program -- I've been the Executive Director and was the founder of it since 1982. I appreciate the opportunity to come before you this morning. I want to present a perspective to you. I believe some of my colleagues from EPVA gave you some of the perspective that may also be in my testimony, and I did submit written testimony. So, therefore, 103 6/12/00 STREETS, SERVICES - BILL 000358, 359 what I'd like to do is just give you the highlights of what my concerns are. I want to look at it from one specific issue, but a couple of aspects of that. I want to look at it from the economic impact on people with disabilities that this legislation would have. Obviously, I'm a person with a disability myself. Most of the time, I use a wheelchair. When I'm going around the City, I'll use my scooter simply because once I get a place to park, I'm not going to find another place to park. As I said, since 1982, we have been running this employment program for people with disabilities, and I'm very proud to say that we have assisted close to 100 people with disabilities since 1982 in finding full-time competitive employment. And we have worked with, since we're a program to assist the business community, some of the larger and more respected businesses in the Philadelphia area, like Independence Blue Cross, SmithKline Beecham, Mellon Bank and others, and would testify also to the services we have provided. One of the biggest challenges for 104 6/12/00 STREETS, SERVICES - BILL 000358, 359 people with disabilities to become employed in this, or any other community, is transportation. While mass transportation is becoming more accessible to people with disabilities, and paratransit does exist, it's still grossly inadequate and incomplete at this time. In the 1980s, I was the chairperson of the Mayor's Commission for People with Disabilities in this community, and we worked very hard with the then-City Council and the then-mayor to pass this regulation that would provide free parking at meters for those with handicapped placards in place. We looked upon it as a cost-effective, reasonable accommodation. And, in my opinion, it still is. One of the things that I think folks in this society do not realize is that while throughout the United States for folks that are perceived to not have a disability, we have one of the lowest unemployment rates we've ever had. For folks with disabilities, it's still 75 percent, and that's across the country. That means that approximately out of every adults of working age, who are looking for a job, are unemployed. 105 6/12/00 STREETS, SERVICES - BILL 000358, 359 To try to deal with this challenge, in 1980 -- and I'm sure most of you know this -- the Congress, signed by the President, passed the Americans With Disabilities Act. And, interestingly enough, July 26th of this year, next month, is the 10th anniversary of the ADA. One of the purposes of the ADA was to try to remove some of the barriers that exist in our society to people with disabilities becoming employed and, at the same time, provide accommodation in the community for people with disabilities, like myself, to use public accommodations. Now, people often perceive public accommodations to be something different than what it really is. What it is, is any business that provides a good or service to the community, to anybody, including people with disabilities.

Mr. Sullivan

I think one of the things that's missing here, and I'm very sympathetic to the abuse of the system, but I think one of the things that are missing here is to look at who folks with disabilities are in this community. We're not people most of the time going to the doctor's 106 6/12/00 STREETS, SERVICES - BILL 000358, 359 office; we're not people most of the time suffering, afflicted, or victimized. We are hard-working people who are trying to get up in the morning, do a day's work for a day's pay, go to work, shop, be customers, be taxpayers, and as more of us are identifying ourselves, become voters. We want to use the business that is exist in this community, and we want access to those businesses. As a matter of fact, I have to be honest with you, and I'm around this community an all of lot, I think if some of the businesses that have pointed out some of the issues having to do with transportation would invest some time and money in making their own businesses accessible for people like I, they would look at us more as customers, as opposed to someone who, by parking near their building, are taking away their customer base, which are things that I read about in the newspaper. Throughout my whole life, I have discovered that the biggest handicap to anyone with a disability is attitude, and this attitude is prevalent in this particular legislation, all 107 6/12/00 STREETS, SERVICES - BILL 000358, 359 due respect, 'cause it's based on the concept that we're providing a privilege to someone with a disability like myself to park, as opposed to a reasonable accommodation for someone like myself to be able to either be employed or use a business in this community. I, like the folks that were just here from EPVA, am very sympathetic to the abuse. As a matter of fact, if you have a disability yourself and you drive around the community and you try to find a place to park and you see people who are using the system who are not disabled, or you think are not disabled, don't you think it angers me more than it would anger someone who doesn't have a disability? But I think by eliminating the privilege, what you're doing, to use an old phrase, is, you're throwing the baby out with the bath water. What you're doing is, you're reducing the opportunities for folks like myself who really need it by saying that the system is abused. We, all of you in this community, all of us in this community, that have a disability and that are active want to work with City Council 108 6/12/00 STREETS, SERVICES - BILL 000358, 359 to try to come up with a system that will help eliminate some of the abuse. And that is something that we want to work on together. I'm just concerned that the economic impact of this legislation on people with disabilities is greater than is being perceived. I also want to address part that talks about lift-equipped vehicles. A lot of nowadays are driving -- I drive a mini van. It's not modified on the exterior like with a raised roof so you can easily see that it has a ramp in it. What it is, it lowers itself through some remote, and a ramp comes out to the side. It would be very difficult to identify just by looking at it that my vehicle was modified. It's a start in the right direction, and I have offered some wording that has to do with any modified vehicle, but you wouldn't be able to tell it simply by that perception. The other thing I want to point out is that making the parking lots accessible for people with disabilities -- again, a very good idea and very needed. Many of the folks who are working in our society can't afford to park in private 109 6/12/00 STREETS, SERVICES - BILL 000358, 359 parking lots. And to be honest with you, if I was in my wheelchair, I couldn't push two blocks or three blocks from the nearest parking lot to go where I want to go in to shop or to go to work. So that's just not a reasonable accommodation.

Mr. Sullivan

Finally, what I do want to point out is that in my opinion, this limits people with disabilities from being self-supporting citizens. It doesn't fall into what is the goal of the Americans With Disabilities Act, and to be honest with you, I don't think it's in the spirit of what the City of Philadelphia is all about. The legislation, while well intended, at the same time, doesn't address the real issue, and that's the abuse of the system. If we looked at other cities around the country -- I'm a transfer -- many year ago, I lived in New York -- I forgot what the word is. I know they have a special identification vehicle tag that you can in the city that you have to apply for yourself, that the city controls. I know cities like San Francisco, Chicago, places like that, have looked at this problem and have come up with a solution to it 110 6/12/00 STREETS, SERVICES - BILL 000358, 359 that doesn't take away the privilege of free parking for people with disabilities who need extended time parking, and I think it's incumbent upon us to take a look at this before you pass legislation that would limit this and, as I said initially, throw the baby out with the bath water. My whole program is based on working cooperatively with business and industry and with people with disabilities. I think we can come together and help City Council find a solution to this, but I don't think this particular piece of legislation does that. And I appreciate the opportunity to make what was too-long remarks, but thank you very much.

Councilman Dicicco

Mr. Sullivan, I think you're going to hear some testimony from the Parking Authority that will address some of the concerns that you raised-- from Patrick Mulligan, I'm sorry, who's the Deputy Managing Director. But you did mention something that was interesting when you spoke about being able to want to shop in Philadelphia and go places. There's no guarantee that you're going to be able 111 6/12/00 STREETS, SERVICES - BILL 000358, 359 to park within close proximity of the places you wish to shop at or even the place where you're employed. I mean, if you're employed at 13th and Chestnut and you're looking for a metered parking space, there's no guarantee you're going to get one within a block or two. And in some cases, you would probably be closer to a parking lot to your place of business or to your shopping than you would be with a meter. I mean, I see it all the time. You mentioned something that it would be difficult for you to get two blocks or so with your wheelchair. So if you were shopping at Lord & Taylor, what do you do if you can't get a space on the 1200 block of Chestnut Street and assuming, based on some of the statistics that we have, a large portion of those cars that are parked on those blocks with handicapped placards or plates are not in need of them. So I think that we would be doing you a service by eliminating a significant number of these vehicles that are out there on a daily basis, and it's really hurting everyone, including yourself as an employee, and the business 112 6/12/00 STREETS, SERVICES - BILL 000358, 359 community. Parking meters were meant for short-term parking. They were never meant for all-day parking. And I don't mean to be disrespectful, but if you want to talk about the economics, in a 1997 report from the Philadelphia Parking Authority, just in the core of Center City alone, the number of spaces that are occupied on a daily basis by handicapped placards or plates contributed to a $2.5 million loss in revenue in parking meters alone. And if we can figure out -- and I'm not sure if somebody has been able to figure this -- out what the impact on the business community is as a result of the number of -- the lesser number of parking spaces for short-term parking, that people who want to come into the City and shop can't find the space, keep driving around. And you know what they eventually do? I'm out of here. They'll go to the malls, they'll park free in Jersey, they'll park free in King of Prussia -- although it's still going to take money for gas, but that's what they believe, that it's free. We're year chasing people out of the City, 113 6/12/00 STREETS, SERVICES - BILL 000358, 359 all people, people who have handicapped needs and those who don't. So there's a huge, beyond what the meter revenues are; there's a significant economic impact that the City of Philadelphia is paying because of the abuse that's out there. And I'm not suggesting that you as an individual are one of those persons. And, again, I think that Patrick Mulligan is going to speak some amendments to this bill, that we're going to have ways to identify those vehicles that do have a ramp by maybe not necessarily identifies it on the -- and he'll speak to that more clearly than I can. But there's a whole host of reasons out there, which, I think, have led me to introduce these bills.

Mr. Sullivan

May I briefly respond? You said a lot of things in there and, you know, some of them I do agree with. The abuse of the system, you and I agree upon. I think there's a number of things, though, that from my perspective are not being considered. What's the economic impact to the City for anybody that's even using a handicapped 114 6/12/00 STREETS, SERVICES - BILL 000358, 359 placard in either adding to the purchasing power of the City by -- we're either shopping or we're working, so we're paying back many times over what it must be costing the City in any lost revenue. That is my opinion and it's based statistically on the difference between what it costs to have somebody unemployed in our society that has a disability that people pay for, as opposed to having somebody employed. The other thing is, I agree that there needs to be a greater system, and it's not in the control of the City right now, so that you could identify who really qualifies for it. But there's many people with hidden disabilities. If you have a heart condition, if you have MS, if you have an asthmatic condition, you may need even closer than I even may need pushing a wheelchair. As far as my pushing the wheelchair two or three blocks, sure if I can find a parking lot on a particular block, I might use it and I might be able to afford that. But on any given week, if anybody wants to ride around with me, I can tell you there are a number of times I'll drive around for 15 or 20 minutes until I see somebody pulling 115 6/12/00 STREETS, SERVICES - BILL 000358, 359 out of a parking space so that I can pull in there so that it's close to where I'm going to get. That's just one of the challenges of living your life with a mobility disability. This just creates a greater challenge by taking that right away.

Councilman Dicicco

Well -- and I agree. And, again, without trying to sounding insensitive to your situation, that same rule applies to folks who may not be handicapped, that they have to drive around for or minutes to 13 find a space, because when 54 or 60 percent of the 14 spaces in the core of Center City have cars that 15 are parked there with handicapped placards or 16 plates all day long, I don't think it's fair to 17 those folks either. 18 Do you work in the City? 19

Mr. Sullivan

Yes, I do. I work at 20 16th and Race.

Councilman Dicicco

Do you live in the City?

Mr. Sullivan

No, I don't. I did for ten years.

Councilman Dicicco

Where do you live 116 6/12/00 STREETS, SERVICES - BILL 000358, 359 now?

Mr. Sullivan

South Jersey.

Councilman Dicicco

You live in Jersey. So you have to commute in in the morning.

Mr. Sullivan

Right.

Councilman Dicicco

Are you always guaranteed -- do you normally find a place close to where you work?

Mr. Sullivan

I do because of where I work, but that doesn't necessarily mean every -- my job takes me out of there 50 percent of the time because I'm out visiting businesses. See, I'm out promoting employment of people with disability, and we go to them. So I have to go all over the City. If it's within 3- or 4-block radius, 5-block radius, from 16th and Race -- to come over here, I took my scooter. If I was going down to South Philly --

Councilman Dicicco

You live in South Jersey. Where, the Washington Twp. area?

Mr. Sullivan

I live in Camden County, I live in Pennsauken.

Councilman Dicicco

What's the rules and regulations out there? Do you have all-day 117 6/12/00 STREETS, SERVICES - BILL 000358, 359 parking?

Mr. Sullivan

There's -- I believe -- I have the licensed tags. It's not a placard.

Councilman Dicicco

You have a plate, right?

Mr. Sullivan

I have a plate, right, and it's accepted over there. There's -- I believe there's always been reciprocity between South Jersey and --

Councilman Dicicco

Is it free all day? Or is it the one-hour grace period that the State law in Pennsylvania originally --

Mr. Sullivan

At meters?

Councilman Dicicco

At meters.

Mr. Sullivan

I actually don't know the answer to that, to be honest with you.

Councilman Dicicco

All right, thank you. Councilman Rizzo?

Councilman Rizzo

You mentioned that there are some cities that have superceded the State law. You have to agree that if anyone's shopping for six, seven hours, that that's not what this is, I believe, intended to do. An 118 6/12/00 STREETS, SERVICES - BILL 000358, 359 eight-hour shopping tour on Sansom Street just doesn't seem to be the appropriate thing. Do you know, for the record, these other cities, do they, in lieu of the obstacles that were described earlier, access to the meter that are the responsibility to the City, has that permit that allows cars to park at a meter have a fee associated with it? In other words, the obstacles -- you can't feed the meter, you can't get back and forth, which I don't believe is legal anyway, feeding the meter -- is that permit process in these other cities something that you would have to buy, pay a fee for?

Mr. Sullivan

For the record, it's been a number of years since I looked into it, but what I was most familiar with was in New York, and it was called "a special vehicle identification," and you had to apply for it personally, have medical determination of need. But there was no 21 cost to it, nor time limit on it, as far as I knew, as far as I remember. That's a while ago. But you had to apply for it yourself. You had to show up and determine that you had this disability that would require you to park close to 119 6/12/00 STREETS, SERVICES - BILL 000358, 359 where you work or where you live, or whatever. I'm not saying there shouldn't be some controls on this and that the City shouldn't find a way to provide more controls. So that those of us that need it get it. But, at the same time, I think by eliminating the privilege for everyone -- and people are missing the point that this is an accommodation. You know, we always talk about how we're going to treat everybody equally. No one in this world gets treated equally. We need equal opportunity to shop or to work or to go to where we're going. This provides an opportunity for equal opportunity. It's not a matter of treating people equally; it's giving people equal access. I don't have equal access, having a mobility disability, so this gives me an opportunity for that kind of access. And it's an accommodation, and I think it's a cost-effective one.

Councilman Dicicco

Thank you. Any other questions? (No further questions.)

Councilman Dicicco

Ma'am, I think you're next. 120 6/12/00 STREETS, SERVICES - BILL 000358, 359 (Witness comes forward.).

Ms. Lewis

I have my reading glasses. I'm pleased to be here today and --

Councilman Dicicco

You need to identify yourself for the record.

Ms. Lewis

My name is Jessie Jane Lewis, and I'm with the Voter Accessibility Reform Initiative, and I'll say something. Now that people with disabilities are starting to vote and we're aiming to get more and more people voting, so I'm just telling you that. People come to Philadelphia for jobs, they come for shopping, they come for recreation. And people with disabilities are part of the fabric of Philadelphia, and we're trying to have a life -- and we're trying to have a life and we're trying to enter the mainstream. We drive. We take public transportation if we can. It's not always -- they don't let a Harley Davidson on the SEPTA sometimes. I had trouble getting this on there. And trying to just get away -- get along any way we can is sometimes the goal. I have a job, I shop, I go to theaters, I do things, and I need 121 6/12/00 STREETS, SERVICES - BILL 000358, 359 the parking that is afforded to me by the meters. I have a van. The van has a lift -- it's not a lift, it's a ramp, it opens up sort of like a Star Wars affair and sort of comes down, and all the kids say, Wow. And that's how to impress a 12-year-old. I know I'm impressed because I couldn't do things as well otherwise. And when I was walking in my walker -- when I was walking in my walker, I couldn't even -- I had HP tags and I couldn't even go one block with my walker. With the van, I now can go maybe, I don't know, ten blocks, if I need so to. So -- but I need parking with a certain kind of configuration. I need to have a space next to me to open up the ramp, I need more room 17 than the average person for a parking space. And it seems that the only -- sometimes the only place that I can find is a meter that would be appropriate, where I can find a place on the side to open my ramp. I can't always go into a parking garage.

Councilman Dicicco

Miss Lewis, do you know that under the bill that your vehicle would be permitted to park all day free? 122 6/12/00 STREETS, SERVICES - BILL 000358, 359

Ms. Lewis

Yes, I do know that.

Councilman Dicicco

Okay.

Ms. Lewis

And I know that if I had my previous transportation arrangement with my station wagon and walking with a walker, it would have been far more difficult for me to feed a meter. I know you're not supposed to feed meters, but people do it, people do it, believe me. And it would be far more difficult to walk to a meter. There's one other thing about meters too that I think you should be aware of, and that is that I can hold a pen, it has to be a built-up pen a little bit. This is a little -- almost too narrow. I can't tell the difference between one $20 bill and two $20 bills. And when I hold -- and it takes me a long time to get change out, and when I do get change out, it's very hard for me to feel it. And for me to put it into the meter, it would take me a very long time if I could do it at all.

Councilman Dicicco

But you're not going to have to because your vehicle will be permitted free parking all day. 123 6/12/00 STREETS, SERVICES - BILL 000358, 359

Ms. Lewis

Well, I'm saying that with my vehicle, yes, but I'm speaking for other people as well, and that other people that aren't here today because of many things, I'm speaking for them. And just imagine, too, that a person with a disability who has the chutzpah and wherewithal to get here, and with the average population, how many people would be showing up to talk about this issue? I think the important thing would be to cut out the abuse of the able-bodied people, not -- do you want me to wait?

Councilman Dicicco

That's okay, I'm sorry.

Ms. Lewis

To cut out the abuse by able-bodied people. And I get infuriated when I see people parking in spots that I want. And it's -- I think we need to engage in some creative thinking on that. I don't know all of the answers. And I would welcome the opportunity to work with someone and talk with you and talk with your committee about it. And I just think that taking away -- it 124 6/12/00 STREETS, SERVICES - BILL 000358, 359 was very hard-won, the curb cuts, the parking meters. All of those things are very hard-won and I just -- to take that away from the people you're trying to help and to penalize everyone for the abuse that able-bodied people using the placards and the tags illegally is really, I think, not the goal. And I would like to engage in some creative thinking, joining with you, and I don't know if any people with disabilities helped you design this ordinance but --

Councilman Dicicco

Well, we have some people here who will testify to some of those issues today. You may not be fully satisfied, but I think you'll hear some things that are a little bit more creative, that we may have to add some amendments to the bill today.

Ms. Lewis

Okay, that would be great. Also, the reliance on the tech. People can't always get back to feed a meter, so I'm not talking about just my van. People can't get back, so people with disabilities that are with a wheelchair that may be -- I know I used to get held up by things like there not being a chair next to an elevator and I'd have to wait and I'd 125 6/12/00 STREETS, SERVICES - BILL 000358, 359 have to -- it was just little things like that that sort of foul you up. So you can't -- you can't get to what you need -- your appointment that you need to because of little snags like the elevators that are not being place to wait by the elevators so you have to wait elsewhere and then sort of hobble over and hope the door opens. And it's just a difficult -- a more difficult -- there are more variables that are at play with people with disabilities. We're seeing more and more people out on the streets every day with disabilities. On my way here, I saw another person in a wheelchair. And I thought, Oh, she's coming to this meeting. She wasn't, I don't know, I didn't see her here. But we're seeing more and more people out every day on the streets, having lives, having jobs, with disabilities. And I think it's important to encourage that and to be -- to be mainstreamed, to be on the mainstream. That's sort of where we went to be, and we want to have it be as seamless as possible so that we're not -- it's not always thrown up to us. Yeah, you're not going to make 126 6/12/00 STREETS, SERVICES - BILL 000358, 359 it because you're going to fall down or you're not going to feed the meter or you're not going to be able to hold the money, you're not going to be able to turn the meter, you're not going to be able walk there, so don't even bother going into town. And we're not going to take my grandmother because she can't come into town either. So an able-bodied person. . . it's different, it's just different.

Councilman Dicicco

Councilman Cohen. Excuse me, Miss Lewis.

Ms. Lewis

I think that's it.

Councilman Cohen

Miss Lewis?

Ms. Lewis

I want to say the voting clout, that people will be voting, people have a voice, people are -- people with disabilities are trying to be non-disabled, we're trying to pass as able-bodied people. And how dare we, but we're doing it. I mean, we're having jobs and we're shopping. And help us.

Councilman Cohen

Miss Lewis?

Councilman Dicicco

Thank you. Councilman Cohen?

Councilman Cohen

You made, I think, a 127 6/12/00 STREETS, SERVICES - BILL 000358, 359 very interesting point a few minutes ago that, frankly, I had not realized. You said that able-bodied people are abusing the privilege, and disabled people are being punished for it.

Ms. Lewis

With this ordinance.

Councilman Cohen

I, frankly, have to say that I had not seen it that way. How long -- I notice this bill was introduced by Councilman DiCicco on May 18th. That's not a very long time ago, but I'm wondering, do you work with the Mayor's Commission on Disabilities?

Ms. Lewis

Um, yes, I do.

Councilman Cohen

Has that commission, which is set up to deal with questions like this, has it discussed this situation; do you know?

Ms. Lewis

I'm not -- I don't focus mainly on that. I focus on the voting rights aspect. I know that there are committees that work with this issue, but I don't know what has -- I don't have any knowledge of it personally of what has transpired.

Councilman Cohen

Mm-hmm. Well, I'm hoping that the issue you raised that disturbs me 128 6/12/00 STREETS, SERVICES - BILL 000358, 359 very much gets resolved in some way. I don't think that disabled people ought to lose their privileges because of the abuses by non-disabled people.

Councilman Cohen

I think life for a person with a major disability is an extremely trying experience. I think we ought to be able to deal with abuses without harming people who really need the kind of supportive services that disabled people need in order to become full members of mainstream society. And so --

Ms. Lewis

I don't want to come off as a victim.

Councilman Cohen

Well, you're not a victim.

Councilman Cohen

And you indicated by your opening remark that you're -- that you have less than naivete about politics on the side. And I'm urging that you move ahead and do what you have to do to organize strength. I, frankly, even have concerns about the legality of this.

Ms. Lewis

Me, too. 129 6/12/00 STREETS, SERVICES - BILL 000358, 359

Councilman Cohen

We did not -- as a society, this is the work that has been accomplished by the curb lines, by the lowered curbs. That kind of thing didn't come about because anybody really wished disabled well; it came about because of the law. And we now have laws that guarantee standards of behavior. And I am concerned, among other things, as to whether or not this bill may violate those standards of behavior. I assume we may have testimony. But whether or not -- whether or not people feel that this is a violation of federal law, I have to tell you, it would be up acceptable to me to just use a hatchet on the rights of disabled people in an effort to deal with a problem. If there is abuse, it's clearly a problem. I've often wondered, when I do shopping in the markets, I often find disabled spots not much used. And I'm stunned by the statistics that Councilman DiCicco referred to when he indicated that there's that vast percentage of disabled cars parked, you know, in various parts of the City. I have not observed that, but I haven't been 130 6/12/00 STREETS, SERVICES - BILL 000358, 359 looking, and I'm going to be watching it. I think there needs to be much more discussion as to how we deal with the abuse. If it exists, it's unfair to everybody, and it's particularly unfair to the disabled because if an able-bodied person is using a spot illegally, it's denying that spot to a disabled person. So I just make that comment that this is before us just a very brief time, let's see where the evidence goes. But to all people who are threatened by legislative action, I say the best thing is to begin organizing and begin realizing you may be in a very difficult situation.

Ms. Lewis

Thank you.

Councilman Dicicco

Does anyone else have any questions of this witness? (No further questions.)

Councilman Dicicco

The next folks to testify, please come to the witness table. Thank you, Miss Lewis, for your testimony.

Ms. Lewis

Thank you. (Witnesses come forward.) 131 6/12/00 STREETS, SERVICES - BILL 000358, 359

Councilman Dicicco

Identify yourself for the record and speak directly into the microphone.

Mr. Goldberg

My name is Hi Goldberg. I'm President of the Philadelphia's Jewelers Row Association. And with me is Jack (unintelligible), a member of the Association also. Good morning and thank you for hearing us. We are in favor of this bill. We feel there's a tremendous abuse of the current handicapped parking law, and we wish to address this abuse only. On any given day, you will find, before business even begins in the morning, over half the metered parking spaces are always occupied by owners and people who are employees in our district. They do not put money in the meters, and they are there all day long. Many handicapped spaces are taken by people who are not handicapped themselves but, rather, their spouse may have a handicapped tag, and the person uses the spouse's car soley to be able to park in the City for free. And there's a former employee of mine who used to park -- because I prevented him from 132 6/12/00 STREETS, SERVICES - BILL 000358, 359 parking in the district, he used to park four blocks away, north of Market Street, and walked, passing three parking lots, in order to be able to park for free. It costs me $180 a month for hi parking in any of the parking lots in our area. The main reason why the handicapped parking is abused is financial. It hurts us in the district very much because there is no -- when people come out of town, the suburbs specifically come in, they find a hard time finding parking spaces. It is used all day long. And what happens is, we find people constantly coming in and saying to us, Parking is the hardest thing here, it's not worth coming into Philadelphia to shop. We have a high-ticket item. And by forcing those people not to come into the City to shop because parking is difficult, we are just chasing business out of the area. We give free parking to anybody that comes in. A customer still prefers, especially short-term, if they happen to just run in for a few minutes to pick up a piece of jewelry or something, they still prefer to just pull up and be able to get it. 133 6/12/00 STREETS, SERVICES - BILL 000358, 359 The parking by the police -- we've spent many times with the Police Department. They feel their hands are tied and that they cannot issue tickets, and are also very much in favor of this bill, again, only for the abuses that have occurred. I thank you.

Councilman Dicicco

Thank you. Are you testifying, sir? (Unidentified man shakes head.)

Councilman Dicicco

I assume you concur with all of the remarks made by Mr. Goldberg, right? UNIDENTIFIED MAN: I certainly do.

Councilman Dicicco

Thank you. Are there any questions for this witness? Councilman Rizzo?

Councilman Rizzo

Mr. Goldberg, I think today you've heard the word "abuse." Don't you think there might be a different approach to resolve the problem than penalize the folks that legitimately need this privilege? Rather than just going after this thing without any -- going 134 6/12/00 STREETS, SERVICES - BILL 000358, 359 to the State, to try to make sure that when placards are issued, they are issued to people who legitimately need them? Don't you think a first crack at it might be to try to fix the problem at the way that these permits and tags, etc., are issued?

Mr. Goldberg

Well, there are several things involved. First of all, as Councilman DiCicco pointed out before, many of these tags and placards are -- a family doctor knows somebody for 30 years. I know a situation where a woman had a bypass surgery ten years ago and still has a handicapped plate, and her husband's the one that uses it. She'll go down -- she goes to the race track, she'll go to the casinos, she'll walk, go shopping forever. And when she has to go shopping, she can't park in handicapped 'cause her husband has the license to park for free.

Councilman Rizzo

Well, didn't you hear earlier that there's an ID card associated with that that the police -- you said that the police said that they couldn't enforce it. Well, the police can enforce it.

Mr. Goldberg

There is no ID card when 135 6/12/00 STREETS, SERVICES - BILL 000358, 359 there's nobody in the car.