Committee Hearing, May 23, 2006

COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON STREETS AND SERVICES - - - Room 400, City Hall Philadelphia, Pennsylvania Tuesday, May 23, 2006 2:15 p.m. - - - PRESENT: COUNCILMAN FRANK DiCICCO, CHAIR COUNCILMAN MICHAEL NUTTER COUNCILMAN JUAN RAMOS COUNCILMAN FRANK RIZZO COUNCILWOMAN DONNA REED MILLER COUNCILMAN DARRELL L. CLARKE BILLS 050570, 050571, 051095, 051199, 060225, 060241, 060291, 060315, 060316, 060317, 060318, 060319, 060320, 060337, 060341, 060343, 060376, 060379, 060380, 060382, 060383, 060384, 060385, 060386, 060391, 060392, 060393, 060395, 060396, 060398, 060399, 060400 - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2 COUNCILMAN DiCICCO: Good afternoon, everyone. This is the public hearing of the Committee of Streets and Services. To my immediate left is Councilman Frank Rizzo. To my immediate right is Councilman Juan Ramos and to his right is Councilman Nutter. We do have a quorum. I will ask Mr. Abernathy to please read the title of the first bill.

Bill No. 13 060379, an ordinance authorizing the construction of a stormwater sewer and appurtenant work in a proposed right-of-way for drainage and sewer purposes in former Greene Street from Saint Georges Road, through 627 Saint Georges Road, to Fairmount Park property, approximately 385 feet north of Saint Georges Road. COUNCILMAN DiCICCO: Good afternoon. Please identify yourself for the record. MR. McCLOSKEY: Good afternoon, 3 5/23/06 - STREETS - BILL 050570, ETC. Mr. Chairman, members of the Committee. My name is Paul McCloskey. I'm representing the Water Department. In regard to Bill 060379, the neighborhood surrounding the intersection of Saint George Road and McCallum Street naturally drains to former Greene Street and flows through a private drain to an outfall at a creek north of Saint George Road. The private drain is a remnants of the infrastructure of a former estate. Former Greene Street is now part of a property that's 627 Saint George Road, with the house being a converted barn of the former estate. Over the years, the City has tied inlets into the private drain to handle the street drainage of the area. The drain has become blocked and deteriorated beyond repair. The result of this condition has resulted in erosion of private property and Fairmount Park land. This bill authorizes the Water Department to construct the public 4 5/23/06 - STREETS - BILL 050570, ETC. stormwater sewer through 627 Saint Georges Road to replace the private drain. The construction of the sewer should also include remedial work to correct the erosion problems and restore the land to its original condition. We recommend that this bill be favorably reported out of Committee and also request suspension of the rules in light of the impending recess of City Council. 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 this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I will ask the Clerk to read the title of the next bill.

Bill No. 25 060380, an ordinance authorizing the 5 5/23/06 - STREETS - BILL 050570, ETC. Water Commissioner, on behalf of the City, to enter into an agreement with the owners of 627 Saint Georges Road for the grant of a right-of-way to the City for drainage and sewer purposes through the property from Saint Georges Road to approximately 385 feet north of Saint Georges Road to Fairmount Park property, under certain terms and conditions. MR. McCLOSKEY: Thank you. Mr. Chairman, my name again is Paul McCloskey. I'm representing the Water Department. With regard to this bill, this is a sister bill to Bill No. 060379. The area, as I said, surrounding the intersection of Saint George and McCallum Street naturally drains to Greene Street and flows through a private drain to an outfall at a creek north of Saint George Street. The private drain is a remnants of the infrastructure of a former estate, and former Greene Street is now part of 627 Saint Georges Road, with the house being a converted barn of the former 6 5/23/06 - STREETS - BILL 050570, ETC. estate. Over the years, the City has tied inlets into the private drain to handle street drainage of the area. The drain has become blocked and deteriorated beyond repair. A result of this condition has resulted in erosion of the property and also Fairmount Park land. This bill authorizes the Water Commissioner to construct a sewer through the area of 627 Saint Georges Road. The bill in question, 060380, authorizes the Water Department to accept a right-of-way in the bed of former Greene Street by the property owner in order to construct a new public sewer through the property. We recommend this bill be favorably reported out of Committee and also recommend the suspension of rules in light of the impending recess of City Council. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the Committee? 7 5/23/06 - STREETS - BILL 050570, ETC. (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 Mr. Abernathy to read the title of the next bill. MR. McCLOSKEY: Thank you very much. COUNCILMAN DiCICCO: Thank you.

Bill 051199, an ordinance amending Section 9-213 of The Philadelphia Code, entitled "Farmers' Markets," by adding a permissible location on the sidewalk bounded by Tasker Street, Passyunk Avenue and 11th Street, all under certain terms and conditions. COUNCILMAN DiCICCO: Good afternoon, Mr. Haigler.

Good day, Councilman DiCicco and members of the Committee. I am Otis Haigler, Jr., 8 5/23/06 - STREETS - BILL 050570, ETC. Director of Legislative Affairs for the Department of Licenses and Inspections. Today I'm here to provide testimony on Bill 051199, which, if enacted, will add the sidewalk bounded by Tasker Street, Passyunk Avenue, 11th Street to the list of permissible locations to conduct activity related to a farmer's market. The Department of Licenses and Inspections offers no objections to the enactment of this bill and is prepared to enforce this provision should it pass in Council and is signed into law by the Mayor. Thank you for the opportunity to provide the Department's testimony on the bill and I will be happy to answer any questions at this time. COUNCILMAN DiCICCO: Thank you, Mr. Haigler. I should know this. I introduced the bill. Do we have specific days or hours, or is this at any time? Because the farmer's market that we have along 5th and South I think is limited to 9 5/23/06 - STREETS - BILL 050570, ETC. certain days. This gives the permission to do them, but you don't know any of the specifics of the days and times?

I'm not really sure. COUNCILMAN DiCICCO: Okay. Fair enough. All right. Good enough. Any other questions for Mr. Haigler? (No response.) COUNCILMAN DiCICCO: Anyone here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I will ask Mr. Abernathy to read the title of the next bill.

Bill No. 20 060343, an ordinance amending Section 21 9-213 of The Philadelphia Code, entitled "Farmers' Markets," by adding a permissible location on the sidewalk of the west side of the 900 block of North 2nd Street, all under certain terms and 10 5/23/06 - STREETS - BILL 050570, ETC. conditions.

Good day, Councilman DiCicco and members of the Committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today I'm here to provide testimony on Bill 060343, which, if enacted, will add the sidewalk on the west side of the 900 block of North 2nd Street to the list of permissible locations to conduct activity related to a farmer's market. The Department of Licenses and Inspections offers no objection to the enactment of this bill and is prepared to enforce this provision should it pass in Council and is signed into law by the Mayor. Thank you for the opportunity to provide the Department's testimony on Bill 060343. I'll be happy to answer any questions at this time. COUNCILMAN DiCICCO: Thank you, Mr. Haigler. 11 5/23/06 - STREETS - BILL 050570, ETC. Any questions for Mr. Haigler from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I will ask Mr. Abernathy to read the title of the next bill. Thank you.

Thank you.

Bill No. 15 050570, an ordinance authorizing the paving of Driftwood Drive, Falls Circle, Riverview Lane and an extension of Founders Place, under certain terms and conditions.

Good afternoon, 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 12 5/23/06 - STREETS - BILL 050570, ETC. testimony on Bill No. 050570. This is not an administrative ordinance, but an ordinance requested by Mr. John Dean, Vice-President, Westrum Development Company, 370 Commerce Drive, Fort Washington, PA 19034. The purpose of this ordinance 9 is to pave these new streets for a new housing development. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action. COUNCILMAN DiCICCO: Peter, do you wish to testify?

Good afternoon, Mr. Chairman. Peter Kelsen on behalf of Westrum Development Company. We are putting up some renderings. We would ask the Committee for favorable recommendation to allow us to place and pave these streets in order to support the creation of 128 single-family dwellings, as Mr. Lonie is 13 5/23/06 - STREETS - BILL 050570, ETC. showing you. We are pleased also that this project has received Zoning Board of Adjustment approval on May 10th and is also the subject of an agreement entered into with the East Falls Community Council pursuant to which the community is supportive of this application as well as this development. If the Committee has any questions, we would be delighted to answer them at this time. COUNCILMAN DiCICCO: Thank you. I understand the sponsor of the bill, Councilman Nutter, is on his way back from his office. He had some comments to make on this. We'll do Bill No. 571, Mr. Abernathy, please.

Bill 050571, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 163 of the area bounded by Ridge Avenue, Calumet Street, the Philadelphia Germantown and Norristown 14 5/23/06 - STREETS - BILL 050570, ETC. Railroad and School House Lane, by striking from the City Plan and vacating Gustine Lake Drive, Schuylkill Falls Circle, Genesis Terrace, Hilltop Lane and Falling Water Lane, and by placing on the City Plan Falls Circle, Riverview Lane, Driftwood Drive and an extension of Founders Place, all under certain terms and conditions.

Good afternoon, 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. 050571. This is not an administrative ordinance, but an ordinance requested by Mr. John Dean, Vice-President, Westrum Development Company, 370 Commerce Drive, Fort Washington, PA 19034. The purpose of this ordinance 24 is to strike and vacate several streets and to place several streets on the City 15 5/23/06 - STREETS - BILL 050570, ETC. Plan for a new housing development. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action. COUNCILMAN DiCICCO: Thank you. Mr. Soffer.

Good afternoon, Mr. Chairman and 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. This bill authorizes the placing of three new City streets and the extension of Founders Place located in the East Falls neighborhood of Philadelphia. The purpose of this ordinance is to allow for the construction of the second phase of the former Schuylkill Falls housing site comprising of 128 new dwelling units on a 16.7-acre parcel. 16 5/23/06 - STREETS - BILL 050570, ETC. The Planning Commission has reviewed and approved the preliminary plat on November 22, 2005. Therefore, the Planning Commission recommends that Bill No. 050571 be approved. Thank you. COUNCILMAN DiCICCO: Thank you. Councilman Nutter.

Thank you, Mr. Chairman. Mr. Chairman, I'd just like to place a number of items on the record. First, this project represents, as long as it took, nonetheless represents some of the best examples of true community partnership and planning. This project took many twists and turns over an extended period of time. It is a site that formerly was the Schuylkill Falls public housing. Half of the site was developed under a HOPE VI grant from the federal government. If you look at the site, if you're on Ridge Avenue, the right-hand side is presently developed 17 5/23/06 - STREETS - BILL 050570, ETC. today in a partnership between PHA and other private parties. This side, the left side, will be a spectacular addition to the East Falls community, and I think PHA and the Westrum Company are to be commended for their efforts and the work that's been done with the East Falls Community Council in addressing any number of different important issues, including density, streets, streetscaping and a number of provisions that are incorporated into an agreement. This site also had a zoning hearing at the Zoning Board of Adjustment recently. As a result of that process, an agreement was struck between Westrum and the East Falls Community Council. I'd like, Mr. Chairman, to offer forward that particular agreement as a part of this record. There are some particular issues that should be highlighted, the first of which is, there will be a new access road. Originally 18 5/23/06 - STREETS - BILL 050570, ETC. when this site was laid out, the proposal was that there would literally only be one way in and one way out of this development with ingress and egress off of Ridge Avenue. I personally fought that particular proposal for a long period of time given the density on the site and its configuration. If ever there were a problem at one end of the site, my constituents would literally be trapped. For engineering purposes, if you look at the agreement, there's a discussion about a road, which I believe on the site plan will be called Founders Road. It intersects with School House Lane, a newly reconstructed street from a couple years ago. It took six years of debate, discussion and federal court intervention to get School House Lane fully reconstructed. Nonetheless, it's a beautiful street. There will be created, for safety purposes -- traffic engineering 19 5/23/06 - STREETS - BILL 050570, ETC. people have a variety of terms that they use. Pork chop seems to be one of them. I personally don't eat pork, but that appears to be the term of art. In any event, the purpose of this -- it may be kosher. The purpose of this barrier or obstacle is to prevent left-hand turns into or out of the site given that it is on a fairly steep incline and there are railroad tracks at the top of that hill the R-6 commuter line goes through. So that is something to be done, but that provision is incorporated in this agreement. I'd like to make that a part of this particular record. There are a number of other items that I'd like to point out. I would ask the Chair's agreement that this agreement be incorporated as a part of this record in today's hearing. COUNCILMAN DiCICCO: So noted. And congratulations. As one who has many 20 5/23/06 - STREETS - BILL 050570, ETC. development projects going on in his district and has for a long time, I know how difficult these things can be and how time consuming, but at the end of the day, I think all parties will agree that it's a good thing and that it's being done right and in the best interest of the community. So congratulations, Councilman Nutter.

Thank you, Mr. Chairman. COUNCILMAN DiCICCO: And I express my congratulations to your community association and all others who participated in this agreement.

Yes. They enjoy working through these processes. They always look forward to the prospect of many, many hours of meetings and discussion. Mr. Kelsen, the attorney for Westrum, is the beneficiary. COUNCILMAN DiCICCO: Mr. Kelsen enjoys all that.

I very much 21 5/23/06 - STREETS - BILL 050570, ETC. appreciate the process, members of Council.

Mr. Kelsen loves going to these meetings to negotiate these agreements. The folks over at Blank Rome enjoy -- COUNCILMAN DiCICCO: Appreciate it as well.

-- enjoy the billable hours, yes.

We're delighted to participate.

Yes. At some point, Mr. Chairman, when these witnesses are completed, if I could have a representative from the Westrum Corporation up to the table to further discuss -- COUNCILMAN DiCICCO: I believe these witnesses are complete with their testimony. Is that accurate, gentlemen?

Yes.

Or they'd 22 5/23/06 - STREETS - BILL 050570, ETC. like to be. COUNCILMAN DiCICCO: Good afternoon.

Good afternoon, Mr. Chairman, members of the Committee. My name is Paul Lonie from Westrum Development Corporation. I'm the Project Director in Philadelphia, and it's wonderful to be back. COUNCILMAN DiCICCO: Especially at the pay you're getting now.

Yes. We can never match that salary. COUNCILMAN DiCICCO: Good for you.

Thank you.

Mr. Lonie, can you update us and share any further discussion with regard to the Founders Lane, School House Lane and the intersection and traffic controls that we'd anticipate at that location?

I can. Yesterday at the request of the Community Council, 23 5/23/06 - STREETS - BILL 050570, ETC. I had gotten our traffic engineers to submit a preliminary plan to me, which I took over and showed to Frank and showed to Bob Wright. They had no preliminary objection but, of course, could not go on the record as approving until they saw the final engineering drawings, which will be incorporated in the Streets Department contract, and I think if it's necessary, that's where we would put that in there, is in that contract that we have decided on the Streets Department that that will be placed in there.

Do you need any legislation to allow for something of this nature to be placed in the roadway?

No, because it's within the lines and grades of the street, and the street has been placed on the City Plan and legally open. It's not necessary for any additional legislation.

Very good. Very good. Thank you, Mr. Chairman. 24 5/23/06 - STREETS - BILL 050570, ETC. COUNCILMAN DiCICCO: Thank you. Any further questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Is there anyone else here who wishes to testify? Mr. Kelsen.

Mr. Chairman, I ask for a suspension of the rules so this can be heard at the next session of Council. COUNCILMAN DiCICCO: So noted.

Thank you. COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I will ask Mr. Abernathy to read the title of the next bill.

Bill No. 22 060241, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 271 by striking from the City Plan and 25 5/23/06 - STREETS - BILL 050570, ETC. vacating Odd Fellows Avenue from Brown Street to a dead end approximately 150 feet northwardly therefrom, under certain terms and conditions.

Good afternoon, 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. 060241. This is not an administrative ordinance, but an ordinance requested by Mr. John Garagozzo, Garagozzo & Collazzo, 410 North 8th Street, Philadelphia, PA 19123. The purpose of this ordinance 19 is to strike and vacate Odd Fellows Avenue from the City Plan for off-street parking by the abutting property owners. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action. 5/23/06 - STREETS - BILL 050570, ETC.

Good afternoon, Mr. Chairman and 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 provide off-street parking for a new residential development. The Planning Commission's staff has reviewed and approved this development. Therefore, the Planning Commission's staff will recommend that Bill No. 060241 be approved. Thank you. COUNCILMAN DiCICCO: Any questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) 27 5/23/06 - STREETS - BILL 050570, ETC. COUNCILMAN DiCICCO: Seeing none, I will ask Mr. Abernathy to read the title of the next bill.

Bill No. 6 060317, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 275 by extending Parker Avenue from its current terminus on the northeasterly side of a 66-foot right-of-way for railroad purposes, approximately 66 foot southwestward to the southwest side of said right-of-way, including the dedication to the City, free and clear of all encumbrances except for a right-of-way for railroad purposes, of the bed of the extension of Parker Avenue.

Good afternoon, 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 28 5/23/06 - STREETS - BILL 050570, ETC. testimony on Bill No. 060317. This is not an administrative ordinance, but an ordinance requested by Mr. David Stubbs, President, Stubbs Enterprises Incorporated, 371 Pelham Road, Philadelphia, PA 19119. The purpose of this ordinance 9 is to extend Parker Avenue to construct a condominium and townhome development. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Good afternoon, Mr. Chairman and members of the Streets and Services Committee. My name is Martin Soffer, Director, Development Planning Division and I'm here to testify on behalf of the City Planning Commission. The purpose of this ordinance 23 is to provide public access, Parker Avenue extended, to a new approved 226 dwelling unit condominium, known as 29 5/23/06 - STREETS - BILL 050570, ETC. Umbria Village. The Planning Commission has reviewed and approved this development proposal at its meeting of March 10, 2005. Therefore, the Planning Commission's staff will recommend that Bill No. 060317 be approved. Thank you. COUNCILMAN DiCICCO: Thank you. Gentlemen, will you be testifying? Good afternoon, sir. Please identify yourself for the record and proceed with your testimony.

Good morning, Councilman and Chairman. My name is Steve Ragland. I'm the counsel for Mr. Stubbs and the Umbria Village development. COUNCILMAN DiCICCO: Do you have any statement?

Well, the purpose of the extension, currently there's a 66-foot-wide tract of land which is where 30 5/23/06 - STREETS - BILL 050570, ETC. Parker Street ends going into Umbria Village, of which currently if you look at Picture C, which I know it's hard to see from where you're sitting, there are train tracks that go over there that cross the roadway. Parker Street ends right where the train tracks are laid. It's a concrete paved road that we would like the street to be extended so that we can make site improvements. The improvements are in place. We have the plans to put sidewalks in that will provide adequate ingress and egress to the property for residents of the proposed development. COUNCILMAN DiCICCO: Thank you. Is that an active railroad line?

Yes, it is. It's part of SEPTA R-6. COUNCILMAN DiCICCO: Councilman Nutter.

Thank you, Mr. Chairman. Mr. Ragland, is the developer 31 5/23/06 - STREETS - BILL 050570, ETC. or developers or any of the partners to this project here today?

Yes. To my right here, Mr. Stubbs. I'll let him testify.

Please identify yourself for the record. COUNCILMAN DiCICCO: I'm sorry.

That's all right. COUNCILMAN DiCICCO: I was looking at the map. Please identify yourself for the record, sir.

My name is David Stubbs. I'm President of Stubbs Enterprises and one of the partners of Umbria Village Partners, LP. COUNCILMAN DiCICCO: Thank you. Councilman Nutter.

Thank you, Mr. Chairman. Mr. Stubbs, it's more than my understanding, because I've been actively involved in this, there has been an 32 5/23/06 - STREETS - BILL 050570, ETC. extensive amount of community discussions and community meetings. You've gone through a planning process with regard to this project; is that correct?

Yes.

And the original proposal for this project, I think it's fair to say, was probably met with some amount of resistance by the community?

Yes, but we were able to get their approval on this set of plans.

And what were the circumstances under which you were able to secure community support for this project?

For 226 units, townhouses and condominiums, and 317 parking spaces.

And how many buildings were to be built?

We have about 13 buildings. We have two 12 stories and 33 5/23/06 - STREETS - BILL 050570, ETC. four ten stories, and we have six townhouse clusters, two and a half stories each cluster.

And that's the plan that you have approval for?

Yes.

Okay. And do you anticipate any significant changes to that plan?

The partnership is discussing changing the plans.

In what fashion?

It's still in a planning phase right now.

Okay. But the plan in front of us is the plan that was agreed to and supported by the community and the various City agencies that have seen this plan; is that correct?

Yes, Councilman.

And you understand that since that's the plan 34 5/23/06 - STREETS - BILL 050570, ETC. that the community has approved, then that's the plan that the community expects it to be built to?

Yes.

Any change to that plan would require further approvals by a variety of City agencies. Do you understand that?

Yes.

Okay. And anyone who is talking about trying to significantly change the plan, they would understand that as well?

I will discuss it with the partners.

Okay. And you would understand that approval of this bill is a component of supporting a plan that has already been approved by the community?

Yes.

And but for that plan that's been approved by the community, this bill would not be in 35 5/23/06 - STREETS - BILL 050570, ETC. front of the body today?

Agreed.

Okay. So in your conversations with other partners or entities about this particular proposal, I think you should be very clear that the premise of this bill is to support that particular plan that's been approved by the community. Any proposed change not only will have to go back through a community planning process, but is certainly going to be looked at in a rather negative light given the fact that the only reason the bill is in front of us is because there's an approved plan by the community, by our planning agencies and all other parties involved. Do you understand that?

Yes, Councilman.

Okay. Thank you, Mr. Chairman. COUNCILMAN DiCICCO: Thank you. Let me understand. In light of all the questions that have been raised 36 5/23/06 - STREETS - BILL 050570, ETC. by my colleague, Councilman Nutter, you still want to move forward with this bill? I mean, you got an approval on a project, both from the Councilman for the district and the community, but you're saying today that this is not the project plan that you intend to build; is that accurate?

Yes. We are looking into this design, and the partnership has agreed to -- the partnership has the understanding that this is the intended design and if there's any other changes, that it will have to go through the community and the Council. COUNCILMAN DiCICCO: Are these discussions that you're having with your design team or the project team a result of any cost factors that may not have been anticipated at the time that this project was put before the community? Are they economic issues that may cause you to want to change this or is it -- 37 5/23/06 - STREETS - BILL 050570, ETC.

Some are economic. COUNCILMAN DiCICCO: I mean, there's nothing wrong with that.

Some are conceptual design changes. COUNCILMAN DiCICCO: There's nothing wrong with the economic issues, because as the price of labor and materials goes up, a number of projects in my district have to be -- they're being rethought and people are coming back asking for adjustments, and that's not unusual. I'm just a bit curious as to why you would want this bill reported out when you're not certain it's the actual project you want to do. But that's your call. We're going to be here. I just was curious about that.

Okay. COUNCILMAN DiCICCO: But we'll move it. Okay. Thank you.

Thank you, Mr. Chairman. COUNCILMAN DiCICCO: Anyone 38 5/23/06 - STREETS - BILL 050570, ETC. else here who wishes to testify for or against this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I will ask Mr. Abernathy to read the title of the next bill.

An ordinance 9 authorizing the paving of the approximately 66-foot extension of Parker Avenue, under certain terms and conditions.

Good afternoon, 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. 060318. This is not an administrative ordinance, but an ordinance requested by Mr. David Stubbs, President, Stubbs Enterprises Incorporated, 371 Pelham Road, Philadelphia, PA 19119. The purpose of this ordinance 39 5/23/06 - STREETS - BILL 050570, ETC. is to pave the 66-foot extension of Parker Avenue to construct a condominium and townhouse development. 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? Sir?

Good afternoon, once again, Chairman. Steve Ragland, attorney counsel for Mr. Stubbs and Village of Umbria. The purpose of the bill is to pave the 66-foot-wide tract of land that we talked about before. It's currently concrete. We plan to put sidewalks and obviously redo the construction on there. We've had agreements to get that in place 40 5/23/06 - STREETS - BILL 050570, ETC. and there should be no changes to that concern for the board. 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 Mr. Abernathy to read the title of the next bill.

Bill No. 16 060319, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 307 by striking from the City Plan and vacating Orianna Street from Chestnut Street northwardly approximately 175 feet to a dead-end, and by reserving and placing on the City Plan a certain right-of-way for drainage purposes and water main purposes within the bed of Orianna Street, under certain 41 5/23/06 - STREETS - BILL 050570, ETC. terms and conditions.

Good afternoon, 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. 060319. This is not an administrative ordinance, but an ordinance requested by Mr. Irvin Borowsky, Chairman of the National Liberty Museum, 321 Chestnut Street, Philadelphia, PA 19106. The purpose of this ordinance 16 is to strike Orianna Street from the City Plan to restore and redesign the existing side entrance shelter and handicap ramp on the east side of the National Liberty Museum on Orianna Street. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Good afternoon, 42 5/23/06 - STREETS - BILL 050570, ETC. Mr. Chairman, members of the Streets and Services Committee. My name is Martin 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 allow the National Liberty Museum to redesign the existing side entrance and handicap ramp at this location. The Planning Commission's staff has reviewed and recommended approval of this action. Therefore, the Planning Commission's staff will recommend that Bill No. 060319 be approved. Thank you. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses of the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against this bill? (No response.) COUNCILMAN DiCICCO: Seeing 43 5/23/06 - STREETS - BILL 050570, ETC. none, Mr. Abernathy, please read the title of the next bill.

Bill No. 5 060337, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 299 by placing on the City Plan Epiphany Place and a right-of-way for gas main purposes, and including the dedication to the City, free and clear of all encumbrances, of the bed of Epiphany Place, all under certain terms and conditions.

Good afternoon, 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. 060337. This is not an administrative ordinance, but an ordinance requested by Mr. Raymond Wittekind, Jr., Harry Blackburn & Associates PC, 1528 Walnut 44 5/23/06 - STREETS - BILL 050570, ETC. Street, 9th Floor, Philadelphia, PA 19102. The purpose of this ordinance 5 is to place Epiphany Place on the City Plan to construct 12 single-family residences, along with a cul-de-sac providing access to these residences. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Good afternoon, Mr. Chairman, members of the Streets and Services Committee. My name is Martin Soffer, Director, Development Planning Division, and I'm here to testify on behalf of the City Planning Commission. The purpose of this ordinance 20 is to allow for the construction of 12 new single-family dwellings at this location. The Planning Commission has reviewed and approved the preliminary plat for this development at its meeting 45 5/23/06 - STREETS - BILL 050570, ETC. on May 12, 2005. Therefore, the Planning Commission's staff will recommend that Bill No. 060337 be approved. Thank you. COUNCILMAN DiCICCO: Any questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Is there anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: I will ask the Clerk to read the title of the next bill.

Bill No. 18 060384, an ordinance authorizing the paving of portions of City Avenue, Monument Road and Presidential Boulevard, under certain terms and conditions.

Good afternoon, Mr. Chairman and members of the Committee. My name is Frank Morelli, Survey Bureau Manager of the Department 46 5/23/06 - STREETS - BILL 050570, ETC. of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 060384. This is not an administrative ordinance, but an ordinance requested by Mr. Nigel Newton, P.E., Orth Rodgers Associates, 810 Bear Tavern Road, Suite 307, West Trenton, New Jersey 08628. The purpose of this ordinance 11 is to pave portions of City Avenue, Monument Road and Presidential Boulevard for the development of a new Target Store. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action. COUNCILMAN DiCICCO: Any questions for this witness from the Committee? Councilman Nutter.

Thank you, Mr. Chairman. I won't identify the person, 47 5/23/06 - STREETS - BILL 050570, ETC. but I was somewhere here in the Chamber and when the mention was made of Target, there was a very favorable response from one of the folks in the room. This is another just exciting project in Philadelphia and on City Avenue, a great reuse of the soon-to-be completely former Adams Mark property. If you're out on City Avenue, you can watch the daily demolition of a wonderful hotel, but we're very excited about this project and the partnership with Target and their representative, Jerry Batoff. Extensive community process has also taken place on this one. The project started out in a variety of different ways, curb cuts in different places, orientation of the store, amount of parking, et cetera, et cetera. And over time Belmont Village Civic Association, the Balwynne Park Civic and a number of others have come together with a working group to work on this project, and we're very excited about 48 5/23/06 - STREETS - BILL 050570, ETC. Target being on target for March of 2007. It's a new location on City Avenue. Thank you, Mr. Chairman. COUNCILMAN DiCICCO: Mr. Soffer, do you want to testify?

For 85. COUNCILMAN DiCICCO: Any questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Seeing none, I will ask Mr. Abernathy to read the title of the next bill.

Bill No. 16 060385, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 190 within the general area of City Avenue, Monument Road and Presidential Boulevard, all under certain terms and conditions, including the dedication to the City, free and clear of all encumbrances, of the beds of the portions of City Avenue, Monument Road and Presidential Boulevard 49 5/23/06 - STREETS - BILL 050570, ETC. as proposed to be widened by this ordinance.

Good afternoon, 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. 060385. This is not an administrative ordinance, but an ordinance requested by Mr. Nigel Newton, P.E., Orth Rodgers Associates, 810 Bear Tavern Road, Suite 307, West Trenton, New Jersey 08628. The purpose of this ordinance 17 is to revise the City Plan lines and grades in the area of City Avenue, Monument Road and Presidential Boulevard for the development of a new Target Store. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action. 50 5/23/06 - STREETS - BILL 050570, ETC.

Good afternoon, Mr. Chairman and members of the Streets and Services Committee. My name is Martin Soffer, Director, Development Planning Division and I am here to testify on behalf of the City Planning Commission. The purpose of this ordinance 10 is improve pedestrian and automobile traffic at this location as part of a commercial redevelopment. This is the new Target Store. The Planning Commission's staff has no objections to these improvements designed to reduce the congestion at this location. Therefore, the Planning Commission's staff will recommend that Bill No. 060385 be approved. Thank you. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone 51 5/23/06 - STREETS - BILL 050570, ETC. 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. 9 060393, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 238 by striking from the City Plan and vacating Swanson Street from Catharine Street northwardly to the Delaware Expressway, by reserving and placing a right-of-way for drainage purposes and water main purposes within the bed of Swanson Street and by striking from the City Plan and vacating Fitzwater Street from Christopher Columbus Boulevard westwardly to the Delaware Expressway, all under certain terms and conditions.

Good afternoon, Mr. Chairman and members of the Committee. My name is Frank Morelli, 52 5/23/06 - STREETS - BILL 050570, ETC. Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 060393. This is not an administrative ordinance, but an ordinance requested by Mr. Michael Mattioni, Mattioni Counselors at Law, 399 Market Street, 2nd Floor, Philadelphia, PA 19106. The purpose of this ordinance 12 is to strike and vacate Swanson Street and Fitzwater Street from the City Plan for a townhouse and mid-rise condominium development. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Good afternoon, Mr. Chairman and members of the Streets and Services Committee. My name is Martin Soffer, Director, Development Planning Division. I am here to testify on behalf of the City Planning 53 5/23/06 - STREETS - BILL 050570, ETC. Commission. The purpose of this ordinance 4 is to allow for a new residential development at this location. The Planning Commission's staff supports the striking of these two unnecessary streets, with the understanding that the developer will continue to work with the community and the Planning Commission to generate an appropriate development at the subject site. Therefore, the Planning Commission's staff will recommend that Bill No. 060393 be approved. Thank you. COUNCILMAN DiCICCO: Any questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against this bill? (No response.) COUNCILMAN DiCICCO: I'll ask 54 5/23/06 - STREETS - BILL 050570, ETC. the Clerk to read the title of the next bill.

Bill No. 5 060315, an ordinance establishing a no 6 motor home parking regulation on Livezey Street, Ridge Avenue to Valley Avenue, both sides.

Mr. Chair, members of the Committee, thank you for the opportunity to appear before you today. My name is Kristin Del Rossi and I'm the District Traffic Engineer for the Department of Streets. I am here to offer testimony on Bill No. 060315, an ordinance prohibiting no motor home parking on Livezey Street, Ridge Avenue to Valley. The signs were posted on July 21, 2005. The Streets Department has no 21 objections to the bill. Thank you for the opportunity to appear before you today. COUNCILMAN DiCICCO: Any questions for Ms. Del Rossi from this 55 5/23/06 - STREETS - BILL 050570, ETC. Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Mr. Abernathy, please read the title of the next bill.

Bill No. 12 060382, an ordinance establishing a no 13 truck parking and tow-away zone regulation on Conshohocken Avenue, Neill Drive to Monument Road, both sides.

Mr. Chair, members of the Committee, thank you for the opportunity to appear before you today. My name is Kristin Del Rossi and I am the District Traffic Engineer for the Streets Department. I am here today to offer testimony on Bill No. 060382, an ordinance prohibiting tractor-trailer parking on Conshohocken Avenue, Neill Drive to Monument Road. The actual text 56 5/23/06 - STREETS - BILL 050570, ETC. of the posting will be "no 3 tractor-trailer or truck tractor parking any time" with the "tow-away zone" rider. The Streets Department has no 6 objections to this bill. We are preparing work orders to implement the change. Work should be completed in the next six weeks. COUNCILMAN DiCICCO: 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: Mr. Abernathy, please read the title of the next bill.

Bill No. 22 060383, an ordinance establishing a no 23 truck parking and tow-away zone regulation on Ford Road, Monument Road to Chamounix Drive, both sides. 57 5/23/06 - STREETS - BILL 050570, ETC.

Mr. Chair, members of the Committee, thank you for the opportunity to appear before you today. My name is Kristin Del Rossi. I am the District Traffic Engineer for the Streets Department. I am here today to offer testimony on Bill No. 060383, an ordinance prohibiting tractor-trailer parking on Ford Road, Monument Road to Chamounix Drive. The actual text of the posting will be "no tractor-trailer or truck tractor parking any time" with the "tow-away zone" rider. The Streets Department has no 16 objections to this bill. COUNCILMAN DiCICCO: Any questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against this bill? (No response.) COUNCILMAN DiCICCO: Seeing 58 5/23/06 - STREETS - BILL 050570, ETC. none, Mr. Abernathy, please read the title of the next bill.

Bill No. 5 060386, an ordinance establishing a no 6 truck parking and two-away zone regulation on Upland Way, 54th Street to Woodbine Avenue, both sides.

Mr. Chair, members of the Committee, once again thank you for the opportunity to appear before you today. My name is Kristin Del Rossi and I am the District Traffic Engineer for the Streets Department. I am here to offer testimony on Bill No. 16 060386, an ordinance prohibiting tractor-trailer parking on Upland Way, 54th Street to Woodbine Avenue. The actual text of the posting will be "no 20 tractor-trailer or truck tractor parking any time" with the "tow-away zone" rider. The Streets Department has no 23 objections to the bill. COUNCILMAN DiCICCO: Thank you. Any questions for Ms. Del Rossi 59 5/23/06 - STREETS - BILL 050570, ETC. 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 Mr. Abernathy to read the title of Bill No. 060320. Thank you, Ms. Del Rossi.

Thank you.

Bill 060320, an ordinance amending Title 12 of The Philadelphia Code, entitled "Traffic Code," to include violations issued pursuant to an automated red light camera enforcement system as a basis for immobilization and impoundment of vehicles; provide for fees for additional fees for failure to respond to violations issued pursuant to an automated red light camera enforcement system. COUNCILMAN DiCICCO: Good afternoon, Mr. Fenerty. Please identify 60 5/23/06 - STREETS - BILL 050570, ETC. yourself.

Good afternoon, Councilman DiCicco and members of the Committee. I'm here today to testify -- COUNCILMAN DiCICCO: Excuse me. Just identify yourself for the record.

I'm sorry. My name is Vince Fenerty. I'm the Executive Director of the Philadelphia Parking Authority. I'm here today to testify in favor of Bill No. 060320. To my right is Dennis Weldon, General Counsel for the Philadelphia Parking Authority, and to my left is Chris Vogler, Deputy Manager of the Red Light Camera Program. Also with me today is Corinne O'Connor, who is Director of the On-Street Operations for the Authority, and Carl Ciglar, who is Deputy Executive Director. I would first like to thank Chairman DiCicco and members of this Committee for allowing me to testify today. I'd like to thank Councilman 61 5/23/06 - STREETS - BILL 050570, ETC. Rizzo for introducing this bill on behalf of the Authority. I am testifying in favor of Bill 060320 so the Parking Authority can add teeth into the enforcement process for red light camera violations. Currently there is no penalty for red light camera violators who do not pay their violations. This bill in Council would add the following: Each violation which is over 30 days old from date of notice would add a $20 penalty. If it's not paid during that period, at 60 days from the notice it would add an additional $25 penalty, and over 90 days it would add a $30 additional penalty. It would also allow a red light camera citation to be counted as one of three citations allowable for the booting of a vehicle under Section 1200 of the City Code. Currently we have overdue tickets in the following amount: 30 to 60 days, we have as of March 30th 1,082 62 5/23/06 - STREETS - BILL 050570, ETC. tickets for $108,200. COUNCILMAN DiCICCO: Excuse me. Say that again.

For the period of 30 to 60 days overdue, we have 1,082 tickets for $108,200. From 60 to 90 days, we have 912 for $91,200. Over 90 days, we have 3,566 for $356,000. The total overdue monies on the Red Light Camera Program for citations which have not been challenged due to any court process are 5,560 citations, totalling $556,000. Our collection rate is 64.8 percent currently, and we would like to ask Council to give us the teeth to put into this program -- this program is not for revenue gain. It is about saving lives, preventing injuries and preventing accidents. If we have good citizens who realize they have made an error and are paying the ticket, the other citizens who are not voluntarily paying the ticket should pay a higher penalty, and the 63 5/23/06 - STREETS - BILL 050570, ETC. Parking Authority is requesting that the Council approve this legislation. COUNCILMAN DiCICCO: Mr. Fenerty, 64 percent collection rate on the red light tickets, right? What is the actual number of tickets that have been written to date?

I'm sorry. I didn't hear. COUNCILMAN DiCICCO: The number of tickets that have been written.

The number of tickets which are written issued through the end of our fiscal year, March 30th, are 29,127 citations were issued. COUNCILMAN DiCICCO: And of that, the 5,560 is what has gone uncollected, correct?

That is what has gone uncollected. Oh, I'm sorry. Right now not paid are 9,935. That's because there are many citations under the 30 days. COUNCILMAN DiCICCO: So they 64 5/23/06 - STREETS - BILL 050570, ETC. may or may not --

Yes, Councilman. COUNCILMAN DiCICCO: Councilman Rizzo would like for you to repeat those numbers one more time.

The total number of violations which were issued through March 30th were 29,127. Excuse me. That's as of today. We did it as of today. These are figures as of today. I stand corrected. COUNCILMAN DiCICCO: 29,127 tickets were issued?

Yes. COUNCILMAN DiCICCO: Anywhere from the 30 to over 90-day collection period, 5,560 have gone uncollected.

That's correct. There are 5,560 delinquent citations. COUNCILMAN DiCICCO: Now, there are actually more, but they're not certain if they will breach that 30-day period. So from the date of issuance up to 30 days, there are about 9,000 tickets 65 5/23/06 - STREETS - BILL 050570, ETC. that are out there that may or may not get paid.

There are about almost another 4,500 out there. COUNCILMAN DiCICCO: 4,500. I gave you the wrong number. 4,500. If this bill were to be passed, the money that you're looking, it's up to a $100 fine, is it?

It's a hundred dollar fine. COUNCILMAN DiCICCO: Where would that money go? Does that go right to the Parking Authority or is that part of the state/city split?

This money goes to PennDOT for a traffic safety enhancement fund. COUNCILMAN DiCICCO: The full $100?

How it works, Councilman, is, we take out the cost of operating the cameras, the very small staff we have doing it, support, and then 66 5/23/06 - STREETS - BILL 050570, ETC. the profit goes to a state enhancement fund. COUNCILMAN DiCICCO: So unlike a typical moving violation where there's a -- I forgot from my days from Traffic Court, 46 --

52/48 split. COUNCILMAN DiCICCO: -- 52/48 split, that doesn't apply here?

That doesn't apply here. COUNCILMAN DiCICCO: What is the percentage? How does it break out after you back out your expenses?

We haven't done an analysis of that. I could simply do it. At the end of our fiscal year, I believe there was roughly a little under $200,000 in the fund, in the profit fund. Now, we haven't turned any money to PennDOT yet. As you know, Councilman, you introduced two additional red light camera intersections. $80,000 of that money will go to the first two months 67 5/23/06 - STREETS - BILL 050570, ETC. operation when no citations are issued and then it will build. And as we build the system, each year we will then turn money over to PennDOT. We haven't done any yet. We would generally do it at the end of our fiscal year, but since we have two additional cameras coming, we're not going to do it for the period ending March 30th. COUNCILMAN DiCICCO: So the after cost to the Parking Authority, whatever those costs are, the balance then goes to PennDOT. Is that mandated in the original legislation?

Yes, it's mandated in the original legislation and the accompanying legislation by City Council. COUNCILMAN DiCICCO: Okay. From my days at Traffic Court, which were many, I'm just curious as to -- Councilman Rizzo handed me a couple of letters, memos, that went between 68 5/23/06 - STREETS - BILL 050570, ETC. Mr. Weldon and the Law Department, and quickly looking over them, is this not -- I mean, even if we were to pass this bill 5 out today and it got support of Council, do we still not have the issue whether this is something that is in our authority to do or do we need to go back and rewrite the state legislation?

The Authority believes it's within Council's right to do. Okay. Mr. Weldon is here sitting to my right, and although I have read his opinion, I've been in a board meeting all morning, I've only read it twice. I'd rather him answer any questions on that to you, sir. COUNCILMAN DiCICCO: Well, I've read it once and I guess it's just lawyers deciding on who is right and who is wrong in this case, and that can go on for a long time.

Just a layman -- COUNCILMAN DiCICCO: Logically speaking, again, as my 16 years' 69 5/23/06 - STREETS - BILL 050570, ETC. experience at Traffic Court, one would think that you should have the ability to impose a fine for uncollected tickets, because once word gets out, you're not going to collect any of these tickets.

That's correct. That's why we came early to the Council to ask for correction. COUNCILMAN DiCICCO: It's a fine without teeth or a penalty without teeth.

And as you also know, to add additional intersections to this legislation, I can come to this body and ask the District Councilman to support that and introduce a legislation, and this body has the ability to add intersections. So why wouldn't this body have the ability to add a penalty? COUNCILMAN DiCICCO: Look, I agree. You're preaching to the choir with me. I wrote the original legislation in the early '90s when I was at Traffic Court on what I thought was 70 5/23/06 - STREETS - BILL 050570, ETC. very ridiculous, that you can get three parking tickets and your vehicle would be impounded or towed, but you can rack up 300 moving violations and you just went on your merry way.

As you remember from your days of being probably the best court administrator that ever was up there -- COUNCILMAN DiCICCO: You got my vote.

I was up there with you. COUNCILMAN DiCICCO: Suspension of the rules, pass.

As the liaison to the court for many years, you know about habitual offenders and you know that there's a habitual offender or statute in Title 75. Well, we're seeing an ever-increasing number of habitual offenders who have more than one, two and three red light cameras and they know they can ignore it. 71 5/23/06 - STREETS - BILL 050570, ETC. COUNCILMAN DiCICCO: I was actually going to ask you that question. How do you compare the uncollected versus the other moving violations? Do you match up these files with Traffic Court to see if it's --

No. I can tell you that parking ticket collections run right now between 68 and 72 percent for parking tickets, because we have the teeth to boot and impound. And I would say we would be derelict in our duties if we waited until September or next June to come back and then apologetically say to the Council that we now have 25,000. I would be making a real mockery out of the ordinance which Council had asked us to enforce. COUNCILMAN DiCICCO: Thank you. Any other questions from this Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or 72 5/23/06 - STREETS - BILL 050570, ETC. against the bill? (No response.) COUNCILMAN DiCICCO: Is the Law Department testifying?

I'm available if anyone wants to ask, if someone would like me to testify. COUNCILMAN DiCICCO: You might want to put your testimony on the record or ask for it to be placed on the record officially.

You should give the stenographer -- COUNCILMAN DiCICCO: You need to make that part of the record.

My name is Lewis Rosman. I'm a Senior Attorney with the City Law Department. I've written a memo, as I think has been distributed among the Committee, addressing what my views are on the legislation. We don't typically when we write such memos come and testify and ask that they be made part of the record. 73 5/23/06 - STREETS - BILL 050570, ETC. However, I certainly have no objection if the Committee would like to make the memorandum that I prepared part of the record. COUNCILMAN DiCICCO: I think we should do that. But for the issue of whether or not the City has the authority, is there any other objection from the Administration or Law Department as to this request?

I am not here speaking on behalf of the Administration in any way. COUNCILMAN DiCICCO: Well, in your opinion --

I have no idea what the Administration feels about the bill in terms of a policy matter, nor do I think the Law Department particularly has a view as a policy matter on the bill 22 itself, whether it's a good idea to be booting and towing to collect these unpaid tickets or whether there should be some incremental increased penalties if 74 5/23/06 - STREETS - BILL 050570, ETC. the fines aren't paid. One thing that I've thought of since seeing Mr. Weldon's memo, because the state limit of the fine I think says up to a hundred dollars, I don't think there would be a problem of having a lower fine amount, say $60, with some incremental increases up to a hundred dollars if the $60 were not paid within a certain period of time, but, in my view, because the state law says that the fine shall be up to a hundred dollars, that is the maximum. I think you could have a version of the incremental increases over time, but I think the maximum ultimately is a hundred dollars. COUNCILMAN DiCICCO: I think that becomes a logistical issue, which becomes more time consuming for the Authority to track the 30-day versus the 60, et cetera, et cetera, et cetera. I appreciate your comment. I just don't know if that -- you don't really get anybody's attention when you do that. It 75 5/23/06 - STREETS - BILL 050570, ETC. kind of just drags this thing out even longer. All right. Any other questions? Councilman Nutter.

Just a quick one. From what I took from the earlier testimony, the Parking Authority is in favor of this, right?

Excuse me?

The Parking Authority is in support of this?

Yes, sir.

And, Mr. Rosman, the City is now raising the issue as to whether or not we actually have the authority to do this?

The Law Department is raising that issue, right.

The Law Department is. COUNCILMAN DiCICCO: Mr. Rosman, why don't you slide your chair in. 76 5/23/06 - STREETS - BILL 050570, ETC.

I tried to back away to get away, but it didn't work.

Get comfortable. Get your lunch. Get a sandwich. So, Mr. Rosman, you wrote your memo, because that's what the Law Department does, and outside of that, you have no knowledge or information with regard to the City Administration's position?

That's correct.

You're raising issues relevant to ordinance or statute; this is not a policy matter for you?

That's right.

Okay. Thank you, Mr. Chairman. COUNCILMAN DiCICCO: Thank you. Any other questions for these witnesses? (No response.) COUNCILMAN DiCICCO: Anyone 77 5/23/06 - STREETS - BILL 050570, ETC. else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none --

May I ask -- COUNCILMAN DiCICCO: Yes, suspension of the rules.

I've been advised by my colleague to my left to request suspension of the rules if this passes today for reading at the next City Council meeting. COUNCILMAN DiCICCO: So noted.

This is why I have hired him, for this advice. COUNCILMAN DiCICCO: So noted.

Thank you. COUNCILMAN DiCICCO: Mr. Abernathy, the title of the next bill, please.

Bill No. 24 060225, an ordinance authorizing the Church of New Hope and Faith, 78 5/23/06 - STREETS - BILL 050570, ETC. Incorporated to construct, operate and maintain a one-story vestibule entrance, enclosing an existing ramp with landing and an existing overhead rigid canopy, located on the eastern sidewalk of North 39th Street at 661 North 39th Street, Philadelphia 19104, under certain terms and conditions.

Good afternoon, Chairman and members of the Committee. My name is William Mautz and I am a Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 060225. This bill authorizes Church of New Hope and Faith, Incorporated to construct, operate and maintain a one-story vestibule entrance on the east sidewalk of North 39th Street adjacent to the property. The proposed vestibule will enclose an existing ramp with landing and an existing rigid canopy, providing weather protection during the ingress and egress from the church. The 79 5/23/06 - STREETS - BILL 050570, ETC. vestibule is approximately feet in length, 11 feet in height and encroaches four feet onto the east public sidewalk of North 39th Street, leaving approximately eight feet of clear unobstructed footway. The Streets Department has reviewed the construction plans. As the encroachment does not adversely affect the public right-of-way, the Streets Department recommends passage of this bill. COUNCILMAN DiCICCO: Thank you. Any questions for this witness? (No response.) COUNCILMAN DiCICCO: Will you be testifying on this, sir?

Good afternoon, Councilman. My name is Gregory Wilson. I am the Vice-Chair of the corporation of the Church of New Hope and Faith and a 34-year member, as well as a resident in Mantua and in support of the bill. I've been asked by the Chairman of the Board, 80 5/23/06 - STREETS - BILL 050570, ETC. the Pastor of the corporation, to come and let you know that this bill was primarily generated because we have a growing population of seniors and handicaps and we wanted to provide a comfortable access and egress for them while they're waiting for their vehicles to pick them up and for the cabs. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Mr. Abernathy, please read the title of the next bill.

An ordinance 18 amending Section 4 of an ordinance, Bill 19 No. 030341, approved July 31, 2003, entitled "An ordinance granting permission to Johnny Mananas Restaurant located at 4201 Ridge Avenue, Philadelphia 19129, to operate and maintain an open-air sidewalk cafe on the northeast corner of Ridge and Midvale 81 5/23/06 - STREETS - BILL 050570, ETC. Avenues, under certain terms and conditions," by extending the time for compliance with the authorization conditions therein.

Good afternoon, 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 following testimony for Bill No. 060316. This bill will amend Section 4 of an ordinance, Bill No. 030341, approved July 31, 2003, by extending the period for compliance with authorization conditions stated herein. The time period for compliance with Section 4 of the ordinance will be extended to September 30, 2006. The Streets Department has no 21 objection to the passage of this bill. COUNCILMAN DiCICCO: Any questions for this witness from the Committee? (No response.) 82 5/23/06 - STREETS - BILL 050570, ETC. COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, please read the title of the next bill.

Bill No. 10 060400, an ordinance authorizing Temple University Hospital, 3401 North Broad Street, Philadelphia 19122, its successors and assigns, to construct, own and maintain an overhead weather protection structure, roof, encroachment crossing a portion of West Tioga Street, terminating within the property of two hospital building facilities, 3401 and 3501 to 17 North Broad Street, on the north and south sides of West Tioga Street, under certain terms and conditions.

Good afternoon, Chairman and members of the Committee. My name is William Mautz and I'm a 83 5/23/06 - STREETS - BILL 050570, ETC. Construction Engineer with the Streets Department. I am here to offer the following testimony for Bill No. 060400. This bill authorizes Temple University Hospital to construct, own and maintain an overhead weather protection structure, roof, encroachment crossing a portion of West Tioga Street, terminating within the property of two hospital building facilities, 3401 North Broad and 3501 to North Broad Street. The roof 13 structure is being constructed in 14 conjunction with a City Plan change, 15 approved by the Board of Surveyors 16 February 18th, '05, creating a lay-by 17 lane and traffic island beneath the proposed roof structure. The structure is approximately 74 feet in length, 54 feet in width, with a minimum clearance of 20 feet above West Tioga Street. The structure will also include an identification sign approximately feet in length by two 25 feet in height mounted on the west side 84 5/23/06 - STREETS - BILL 050570, ETC. of the structure. The Streets Department has reviewed the construction plans for this project and has no objection to the passage of the bill. COUNCILMAN DiCICCO: Good afternoon, Mr. Kaplan.

Good afternoon, Chairman DiCicco, members of the Board. Steven Pollock on behalf of Temple -- COUNCILMAN DiCICCO: I said Kaplan. I apologize.

-- Temple University Health System. I have with me Kathy Levins, who is the Director of Governmental Relations. If it may please Council, I have five copies. You can see what we're projecting as being the weather protective structure that would have the sign "Temple Health." So if I may, so the Committee can visualize what we're talking about. This is strategically located 85 5/23/06 - STREETS - BILL 050570, ETC. across from our two entrances and exits for the Temple Hospital, which is on the 3400 or the right-hand side of the photo, or rendering rather, and our Children's Hospital and its parking garage on the left-hand side of the rendering. And we're trying to get this up so that -- we find that we have a lot of people, either patients, doctors or families, that are trying to come to visit people that are in the hospital needing this extra added protection as they go across more and more frequently between the two buildings. So that's the reason why we're asking for it. And we are requesting the ability to put up a sign that says -- at this point, we have a sign that says "Temple Health," but if we got a benefactor, it could always be the DiCicco Structure or Crosswalk, something of that nature. So that's what we're looking for. COUNCILMAN DiCICCO: This is a conflict because it's not in my district. 86 5/23/06 - STREETS - BILL 050570, ETC. Let me know how much it is, I'll write you a check. Kathy, are you testifying? I'm sorry.

Yes. Thank you, Councilman DiCicco. As Steve said, this is really just one of the final pieces of our improvements over at our new ambulatory care center. In the past, our patients were forced to stand outside in the rain waiting to get picked up. We've already, with the help of the Streets Department, been able to put up an awning to minimize that, but this would help really in the entire transportation of the patients so that they can stand underneath this weather protection device, cross the street between the two facilities safely and with dignity. COUNCILMAN DiCICCO: Thank you.

And we would ask for suspension of the rules. COUNCILMAN DiCICCO: Absolutely, Mr. Pollock. Where did I get 87 5/23/06 - STREETS - BILL 050570, ETC. Kaplan from? 60 years old. It's starting to go. Any questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify? (No response.) COUNCILMAN DiCICCO: Seeing none, thank you. I would ask the Clerk to read the title of the next bill.

Bill No. 15 060341, an ordinance authorizing Laura Vernola and LW Restaurant Holdings, doing business as Deuce Restaurant, to construct, operate and maintain an open-air sidewalk cafe located at 1040 North 2nd Street, under certain terms and conditions.

Good afternoon, Chairman and members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets 88 5/23/06 - STREETS - BILL 050570, ETC. Department. I am here to offer the following testimony for Bill No. 060341. This bill authorizes Laura Vernola and LW Restaurant Holdings, doing business as Deuce Restaurant, to construct, operate and maintain an open-air sidewalk cafe adjacent to the property. Eight tables to accommodate 32 occupants are proposed for the west sidewalk of North 2nd Street, leaving approximately nine feet of clear footway for pedestrians. No rails will be used. The Streets Department has reviewed the cafe plan and has no 16 objection to the passage of the bill. 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 89 5/23/06 - STREETS - BILL 050570, ETC. none, Mr. Abernathy.

Bill No. 4 060376, an ordinance authorizing Nick's Roast Beef, 2212 to 16 Cottman Avenue, Philadelphia 19149, to construct, own and maintain a vestibule addition on the south public sidewalk of Cottman Avenue adjacent to the property, under certain terms and conditions.

Good afternoon, 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 following testimony for Bill No. 060376. This bill authorizes Nick's Roast Beef, 2212 to 16 Cottman Avenue, to construct, own and maintain a vestibule addition on the south public sidewalk of Cottman Avenue adjacent to the property. The vestibule addition is approximately 12 feet six inches in length, 11 feet in height measured to the roof peak and projects five feet six inches onto the 90 5/23/06 - STREETS - BILL 050570, ETC. south public sidewalk of Cottman Avenue, leaving approximately feet six inches 4 of clear unobstructed footway. 5 The Streets Department has 6 reviewed the construction plans. As the 7 encroachment does not adversely affect 8 the public right-of-way, the Streets 9 Department recommends passage of this 10 bill. 11 COUNCILMAN DiCICCO: Thank you. 12 Any questions for this witness? 13 (No response.) 14 COUNCILMAN DiCICCO: Anyone else here who wishes to testify? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, please read the title of the next bill.

Bill No. 21 060391, an ordinance granting permission to Nathan Ross and Samuel Lynagh, owners of New Wave Cafe, located at 782 to 84 South 3rd Street, to operate and maintain an open-air sidewalk cafe on the north 91 5/23/06 - STREETS - BILL 050570, ETC. footway of Catharine Street adjacent to 782 to 784 South 3rd Street, under certain terms and conditions.

Good afternoon, 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 following testimony for Bill No. 060391. This bill grants permission to Nathan Ross and Samuel Lynagh, owners of New Wave Cafe, located at 782 to 84 South 3rd, to operate and maintain an open-air sidewalk cafe on the north footway of Catharine Street adjacent to the property. Six tables to accommodate 18 occupants are proposed for the north 19 footway of Catharine Street, leaving 20 approximately eight feet clear footway 21 for pedestrians. No rails will be used. 22 Prior authorization for a 23 sidewalk cafe on South 3rd Street was 24 granted via Ordinance 010270, approved June 14, 2001. 92 5/23/06 - STREETS - BILL 050570, ETC. The Streets Department has reviewed the cafe plan and has no 4 objection to the passage of the bill. COUNCILMAN DiCICCO: Any questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the next bill, please.

Bill No. 16 060392, an ordinance authorizing Francis X. Smith, 2112 South Howard Street, Philadelphia 19145, owner of the property 100 McKean Street, Philadelphia 19148, his successors and assigns, to construct and maintain a garage extension, under certain terms and conditions.

Good afternoon, Chairman and members of the Committee. My name is William Mautz and I'm a 93 5/23/06 - STREETS - BILL 050570, ETC. Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 060392. This bill authorizes Francis X. Smith, 2112 South Howard Street, owner of the property 100 McKean Street, to construct and maintain a garage extension on the west public sidewalk of South Front adjacent to the property. The one-story garage extension is approximately feet in length and 13 projects three feet six inches onto the 14 west public sidewalk of South Front, leaving approximately 11 feet six inches of clear unobstructed footway. The building is a corner property currently used as a single-family dwelling. The Streets Department has reviewed the proposed plan and verified field dimensions. As the encroachment does not adversely affect the public right-of-way, the Streets Department recommends passage of this bill. COUNCILMAN DiCICCO: Thank you. 94 5/23/06 - STREETS - BILL 050570, ETC. Any questions from the Committee for this witness? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy.

Bill No. 11 060395, an ordinance authorizing the United States Department of the Treasury, United States Mint, 151 North Independence Mall East, Philadelphia, PA 19106, its successors and assigns, to construct, own and maintain anti-terrorist bollards and planters at the visitors entrance on the east public sidewalk on North Independence Mall East north of Arch Street, and the construction of anti-terrorist bollards at two garage door entrances on the south public sidewalk of Race Street, under certain terms and conditions.

Good afternoon, 95 5/23/06 - STREETS - BILL 050570, ETC. 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 following testimony for Bill No. 060395. This bill authorizes the United States Department of Treasury, U.S. Mint, 151 North Independence Mall East, to construct, own and maintain anti-terrorist bollards and planters at the visitors entrance located on the east public sidewalk of North Independence Mall East north of Arch Street, and the construction of anti-terrorist bollards at two garage door entrances on the south public sidewalk of Race Street. The encroachments at the visitors entrance consist of two precast planters, approximately four feet long by two feet wide by three feet one inches high. A total of 16 hydraulically retractable stainless steel bollards, approximately two feet six inches in height by six inch diameter, will be 96 5/23/06 - STREETS - BILL 050570, ETC. mounted upon and retract into a reinforced concrete footing below sidewalk level. The encroachment at the garage entrances on Race Street will consist of hydraulically retractable stainless 8 steel bollards, six per location, 9 approximately two feet six inches in 10 height by six inch diameter, which will 11 be mounted upon and retract into a 12 reinforced concrete footing below sidewalk level. The Streets Department has reviewed the proposed construction plans. As the encroachment does not adversely affect the public right-of-way, the Streets Department recommends passage of this bill. COUNCILMAN DiCICCO: Any questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify? 97 5/23/06 - STREETS - BILL 050570, ETC. (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.

Bill No. 7 060396, an ordinance authorizing Rockledge/Fox Chase Business Association, 7948 Oxford Avenue, Philadelphia 19111, to construct, own and maintain a clock tower and raised planter on the west public sidewalk of Oxford Avenue at the reconfigured intersection of Loney and Barnes Streets, under certain terms and conditions.

Good afternoon, 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 following testimony for Bill No. 060396. This bill authorizes Rockledge/Fox Chase Business Association to construct, own and maintain a clock tower and raised planter on the west 98 5/23/06 - STREETS - BILL 050570, ETC. public sidewalk of Oxford Avenue at the reconfigured intersection of Loney and Barnes Streets. The proposed clock and planter will be installed in conjunction with the City's Rockledge/Fox Chase Streetscape Improvement project. The clock tower, located on the west side of Oxford, north of Loney/Barnes Street, is approximately 11 feet high sitting atop a masonry pedestal 12 four feet square by one foot six inches 13 high. The raised planter, located on the 14 west public sidewalk of Oxford Avenue 15 south of Loney and Barnes Streets, forms 16 a right triangle with legs approximately 17 17 feet in length by one foot six inches in height. The Streets Department supports the passage of this bill. COUNCILMAN DiCICCO: Any questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone 99 5/23/06 - STREETS - BILL 050570, ETC. else here who wishes to testify? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the next bill.

Bill No. 7 060398, an ordinance authorizing One Meridian Partners, LP, 121 South Broad Street, Philadelphia 19107, owner of the property 1414 to 1438 South Penn Square, Philadelphia 19102, to construct and maintain a building encroachment under the south footway of South Penn Square, all under certain terms and conditions.

Good afternoon, Chairman and members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I am here to offer the following testimony for Bill No. 060398. This bill authorizes One Meridian Partners, owner of the property 1414 to 38 South Penn Square, to construct and maintain a building encroachment under the south footway of 100 5/23/06 - STREETS - BILL 050570, ETC. South Penn Square. The existing encroachment, to be utilized for below-grade parking, projects approximately feet onto the south 6 footway and extends vertically below 7 grade for approximately 26 feet. 8 The existing encroachment was 9 originally authorized by Ordinance No. 10 010395, approved August 31, 2001. 11 As the encroachment is below 12 grade and does not adversely impact the 13 public right-of-way, the Streets 14 Department has no objection to the 15 passage of this bill. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy.

Bill No. 23 060399, an ordinance authorizing 1500 Net-Works Associates, 1500 Spring Garden Street, Philadelphia, PA 19130, its 101 5/23/06 - STREETS - BILL 050570, ETC. successors and assigns, to construct, own and maintain four raised planter clusters, under certain terms and conditions.

Good afternoon, 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 following testimony for Bill No. 060399. This bill authorizes 1500 Net-Works Associates, 1500 Spring Garden Street, to construct, own and maintain four raised planter clusters on the south public footway of Spring Garden Street adjacent to two building entrances. Each planter cluster consists of two 36-inch diameter and one 48-inch diameter precast planters. The planters are approximately 48 inches high. The Streets Department has reviewed the proposed plan. As the encroachment does not adversely affect the public right-of-way, the Streets 102 5/23/06 - STREETS - BILL 050570, ETC. Department recommends passage of this bill. COUNCILMAN DiCICCO: Any questions for this witness? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify? (No response.) COUNCILMAN DiCICCO: Thank you, Mr. Mautz, for your testimony. Mr. Abernathy, the last bill.

Bill No. 14 060291, an ordinance amending Section 15 9-407 of The Philadelphia Code, entitled "Tour Passenger Carriers," by providing for additional Tour Passenger Loading Zones on Filbert Street between 12th and 13th Street, all under certain terms and conditions. COUNCILMAN DiCICCO: There is no testimony on this. This concludes the public hearing on the Committee of Streets and Services. We will now go into the public 103 5/23/06 - STREETS - BILL 050570, ETC. meeting. The Chair recognizes Councilman Ramos.

Thank you, Mr. Chairman. I move that Bill No. 7 060320 be reported out of Committee with a favorable recommendation. I 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. 060320 be reported out of Committee with a favorable recommendation and a further recommendation that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: Councilman 104 5/23/06 - STREETS - BILL 050570, ETC. Ramos.

I move that Bill No. 060379 be reported out of Committee with a favorable recommendation. I 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. 060379 be reported out of Committee with a favorable recommendation and a further recommendation that the rules of Council be suspended. All those in favor? (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 23 is approved. Councilman Ramos.

I move that 105 5/23/06 - STREETS - BILL 050570, ETC. Bill No. 060380 be reported out of Committee with a favorable recommendation. I 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. 060380 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. 051199 be reported out of 106 5/23/06 - STREETS - BILL 050570, 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. 051199 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 21 is approved. Councilman Ramos.

I move that Bill No. 060343 be reported out of Committee with a favorable recommendation 107 5/23/06 - STREETS - BILL 050570, ETC. 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's been properly moved and seconded that Bill No. 9 060343 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 19 is approved. Councilman Ramos.

I move that Bill No. 050570 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first 108 5/23/06 - STREETS - BILL 050570, ETC. reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 050570 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 18 is approved. Councilman Ramos.

I move that Bill No. 050571 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 109 5/23/06 - STREETS - BILL 050570, ETC. meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 050571 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. 060241 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. 110 5/23/06 - STREETS - BILL 050570, ETC. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 060241 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 16 is approved. Councilman Ramos.

I move that Bill No. 060317 be reported out of Committee with a favorable recommendation. I further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) 111 5/23/06 - STREETS - BILL 050570, ETC. COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 060317 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. 060318 be reported out of Committee with a favorable recommendation. I 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's been 112 5/23/06 - STREETS - BILL 050570, ETC. properly moved and seconded that Bill No. 3 060318 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 13 is approved. Councilman Ramos.

I move that Bill No. 060319 be reported out of Committee with a favorable recommendation. I 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's been properly moved and seconded that Bill No. 25 060319 be reported out of this Committee 113 5/23/06 - STREETS - BILL 050570, ETC. 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 11 is approved. Councilman Ramos.

I move that Bill No. 060337 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's been properly moved and seconded that Bill No. 23 060337 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. 114 5/23/06 - STREETS - BILL 050570, ETC. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 9 is approved. Councilman Ramos.

I move that Bill No. 060384 be reported out of Committee with a favorable recommendation and I 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's been properly moved and seconded that Bill No. 21 060384 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. 115 5/23/06 - STREETS - BILL 050570, ETC. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 7 is approved. Councilman Ramos.

I move that Bill No. 060385 be reported out of Committee with a favorable recommendation and I 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. 060385 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.) 116 5/23/06 - STREETS - BILL 050570, ETC. COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 6 is approved. Councilman Ramos.

I move that Bill No. 060393 be reported out of Committee with a favorable recommendation and I 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. 060393 be reported out of this Committee with a favorable recommendation and a further recommendation that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those 117 5/23/06 - STREETS - BILL 050570, ETC. opposed? (No response.) COUNCILMAN DiCICCO: The bill 5 is approved. Councilman Ramos.

I move that Bill No. 060315 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. 060382 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? 118 5/23/06 - STREETS - BILL 050570, ETC. (No response.) COUNCILMAN DiCICCO: The bill 4 is approved. Councilman Ramos.

I move that Bill No. 060383 be reported out of Committee with a favorable recommendation and I 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. 060383 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.) 119 5/23/06 - STREETS - BILL 050570, ETC. COUNCILMAN DiCICCO: The bill 3 is approved. Councilman Ramos.

I move that Bill No. 060386 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. 060386 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 120 5/23/06 - STREETS - BILL 050570, ETC. is approved. Councilman Ramos.

I move that Bill No. 060225 be reported out of Committee with a favorable recommendation. I 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. 060225 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 25 is approved. 121 5/23/06 - STREETS - BILL 050570, ETC. Councilman Ramos.

I move that Bill No. 060316 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. 060316 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. 122 5/23/06 - STREETS - BILL 050570, ETC.

I move that Bill No. 060341 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. 060341 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 123 5/23/06 - STREETS - BILL 050570, ETC. Bill No. 060376 be reported out of Committee with a favorable recommendation and I 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. 060376 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 22 is approved. Councilman Ramos.

I move that Bill No. 060391 be reported out of 124 5/23/06 - STREETS - BILL 050570, 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. 060391 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. Councilman Ramos.

I move that Bill No. 060392 be reported out of Committee with a favorable recommendation 125 5/23/06 - STREETS - BILL 050570, ETC. and I 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. 060392 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 20 is approved. Councilman Ramos.

I move that Bill No. 060395 be reported out of Committee with a favorable recommendation and I further move that the rules of 126 5/23/06 - STREETS - BILL 050570, ETC. 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. 060395 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 19 is approved. Councilman Ramos.

I move that Bill No. 060396 be reported out of Committee with a favorable recommendation and I further move that the rules of Council be suspended to permit first 127 5/23/06 - STREETS - BILL 050570, ETC. reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 060396 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 18 is approved. Councilman Ramos.

I move that Bill No. 060398 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 128 5/23/06 - STREETS - BILL 050570, ETC. meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 060398 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. 060399 be reported out of Committee with a favorable recommendation and I further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. 129 5/23/06 - STREETS - BILL 050570, ETC. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 060399 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 16 is approved. Councilman Ramos.

I move that Bill No. 060400 be reported out of Committee with a favorable recommendation and I further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) 130 5/23/06 - STREETS - BILL 050570, ETC. COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 060400 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. 060291 be reported out of Committee with a favorable recommendation. I 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 131 5/23/06 - STREETS - BILL 050570, ETC. been properly moved and seconded that Bill No. 060291 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 Council Committee of Streets and Services. I thank all Committee members for attending. Councilwoman Donna Reed Miller has been in attendance for the entire proceeding. I apologize. And Councilman Clarke was here as well. Thank you. (Committee on Streets and Services adjourned at 3:50 p.m.) - - - 132 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 May 23, 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.)