COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON STREETS AND SERVICES Room 400, City Hall Philadelphia, Pennsylvania Tuesday, March 5, 2024 10:17 a.m. PRESENT: COUNCILMAN JEFFREY YOUNG, JR., CHAIR COUNCILMAN MARK SQUILLA, VICE-CHAIR COUNCILWOMAN NINA AHMAD
240008, 240009, 240011, 240014, 240016, 240089 - - -
Good morning. Welcome to the Philadelphia City Council Committee on Streets and Services. I note that the hour has come. Mr. Pullin, can you please call the roll for the Members that are present.
Present. Thank you, Mr. Pullin. I note for the record that a quorum of the Committee is present and this hearing is called to order. This is a public hearing of the Committee on Streets and Services considering testimony on Bill Nos. 240008, 240009, 240011, 240014, 240016 and 240089. Mr. Pullin, would you please read the title of the first bill.
Bill No. 240008 entitled, an ordinance establishing parking regulations in the vicinity of Ainslie Street and Vaux Street and Conrad Street; Calumet Street and Dobson Street.
Thank you. Mr. Pullin, would you please call the first witness to testify on this bill.
Yes, Mr. Chairman. The first witness to testify is Lester Emerson, Deputy Manager of the Philadelphia Parking Authority. (Witness approached Witness table.)
Good morning, Mr. Emerson. Will you please state your name for the record and proceed with your testimony. I note we do have your written testimony so you can summarize, if possible.
Understood. Good day, Council. My name is Lester Emerson, Deputy Manager for the Philadelphia Parking Authority. Thank you for allowing me to testify before Council regarding Ordinances 240008, 240009 and 240011. The Philadelphia Parking Authority has no objection to the ordinances previously read before Council and recommends favorable consideration. Thank you again for your time and I will be happy to respond to any questions.
Thank you. And was that summary of your testimony for all three bills?
For the record, Mr. Pullin, can you call the title of the other two bills as well.
Yes, Mr. Chairman. That would be Bill No. 20 240009, entitled an ordinance 21 establishing parking regulations in the vicinity of Gross Street and Arch Street; Dewey Street and Market Street; Arch Street to North 57th Street; North 61st Street between Arch Street and Race Street; North 57th Street and Market Street. And it will be Bill No. 5 240011, entitled an ordinance 6 establishing regulations in the vicinity of Pechin Street and Green Lane and Markle Street; Umbria Street and Lemonte Street, Manayunk Avenue to Hermit Street; Seville Street and Terrace Street; Salaignac Street and Pechin Street; Rector Street and Pechin Street; Fountain Street and Smick Street.
Thank you. Are there any other witnesses to testify on these bills? (No response.)
Seeing none, thank you, Mr. Emerson, for your time today.
Mr. Pullin, can you please read the title of the next bill.
Yes, Mr. Chairman. Bill No. 240014, entitled amending Title of The 7 Philadelphia Code by amending 8 Section 9-203 related to street 9 vendors by prohibiting vending in the 54th Ward, all under certain terms and conditions.
Thank you. Mr. Pullin, will you please read the name of the next witness to testify.
Yes, Mr. Chairman. The next witness to testify is Sarah Adamo, Legislative Affairs Manager for the Department of Licenses & Inspections. (No response.)
Is Ms. Adamo or is there anyone willing to testify on Bill No. 2 240014? (No response.)
Thank you. Mr. Pullin, please note that there was written testimony submitted by Ms. Adamo, and that testimony will be presented to the record. Mr. Pullin, can you the please read the title of the next bill, please.
Mr. Chair, just a comment for (inaudible). I have a comment on this bill.
Thank you so much. I just have sort of a statement on the street vendors for vending on 54th Street more globally, not specifically about this street. But the fact that these are our small businesses and I would like the Department of Commerce to support those who do vending in this manner and to make sure they are properly licensed and do the due diligence to make them proper businesses. But sometimes vending trucks are the step to brick-and-mortars. And so, I just want to go on the record saying that this is something we should support in terms of where, with the support of neighbors of course and what areas, but that this is a viable small business opportunity and that we should work with Commerce to make sure they're viable. Thank you.
No, thank you, Councilwoman. Mr. Pullin, can you please read -- is there any other testimony on this bill? (No response.)
Seeing none, Mr. Pullin, could you please read the title of the next bill.
Bill No. 240016 titled an ordinance amending Chapter 11-708 of The Philadelphia Code, entitled "Traffic Calming Measures for Schools," by authorizing the Department of Streets to additionally install traffic calming measures in the vicinity of recreation centers, playgrounds, parks and libraries, all under certain terms and conditions.
Thank you. Mr. Pullin, would you please call the name of the witnesses.
The next witness to testify is Noelle Marconi, Director of Legislative Affairs for the Department of Streets. (Witness approached Witness table.)
Good morning, Ms. Marconi. Could you please proceed with your testimony.
Good morning, Chairperson Young and members of the Streets and Services Committee. My name is Noelle Marconi and I am the Director of Legislative Affairs for the Department of Streets. I am here to offer testimony on Bill 13 No. 20016, introduced by Councilmember Lozada. Joining me today from the Streets Department is Pat Callahan. This bill authorizes the Department of Streets to install traffic calming measures in the vicinity of recreation centers, playgrounds, parks and libraries. This bill will allow the Department of Streets to install speed cushions, speed tables and rumble strips in the vicinity of recreation centers, playgrounds, parks and libraries without first doing a traffic study, which is normally a required process. This will allow the Department to install such measures in a timelier manner. It is the goal of the Department to slow down the speed of cars in the City in order to protect the safety of Philadelphia residents and visitors. The Department hopes to install speed cushions throughout the City as funding becomes available. This concludes my testimony, and I will be pleased to answer any questions you may have.
Thank you, Ms. Marconi. Are there any questions from members of the Committee? (No response.)
Are there any other witnesses wishing to testify on Bill No. 240016? (No response.)
Seeing none, Mr. Pullin, would you please call -- read the title of the next bill.
Bill No. 11 240089, titled an ordinance amending Title 12 of The Philadelphia Code entitled, "Traffic Code," by providing for prohibitions relating to license plate flipping devices, and for penalties and enforcement, all under certain terms and conditions.
Thank you, Mr. Pullin. Would you please call the next witness.
The next witness to testify is Francis Healy, Deputy Commissioner of the Philadelphia Police Department. (Witness approached Witness table.)
Good morning, Mr. Healy. Please state your name for the record and proceed with your testimony. DEPUTY COMMISSIONER HEALY: Good morning, Chairmember Young, Vice-Chair -- he's not here -- Vice-Chair Squilla and other members of the Committee on Streets and Services. My name is Francis Healy and I'm Deputy Commissioner in the Philadelphia Police Department. On behalf of Commissioner Bethel, thank you for allowing the Police Department the opportunity to voice its opinion on Bill No. 20 240089, sponsored by Councilmember Driscoll that prohibits license plate flipping devices. Let me state at the outset that the Philadelphia Police Department fully supports this bill as well as the manner in which it was drafted. I will get to the drafting in a second. But you should realize that many states have already banned or are in the process of introducing legislation banning the use of these devices. At the state level, these offenses are actually considered misdemeanor violations. They're not just traffic summary citations, but rather criminal misdemeanor violations. This goes directly to the criminal intent of the owner and the operator of the vehicle. There is only one purpose for installing these devices on a vehicle. It is to engage in crime or disorder without being identified by law enforcement. This is the very reason why the PPD supports this legislation. This takes me back to my comment about the manner in which the bill is drafted. There is no 2 legitimate lawful purpose for these devices. As such, banning the use of the equipment while operating a motor vehicle would be a help for certain -- it would be entirely short-sighted. Since these devices have no 9 legitimate purpose, the prohibition must go much further and this bill 11 does. This bill prohibits persons from also purchasing, installing, possessing, for the purpose of installing, manufacturing, sell, offer to sell or otherwise distribute a license plate tag flipping device in Philadelphia. I believe this broad ban is necessary to address these devices. This ban would include any auto shop selling or installing any of these devices which would also be subject to the provisions of this bill. Equally important, the businesses who are contributing to the problem, a citation under this new section can be used under The Philadelphia Code 9-4400 to establish the location as a chronic nuisance business. So as you can see, the Philadelphia Police Department fully supports the bill. And I would like to take the opportunity to thank Council for being proactive on this measure and not relying or waiting on the state to move forward on these devices. Individuals use these devices for one reason, to avoid identification while engaging in crime disorder. Again, on behalf of Commissioner Bethel, thank you for allowing the Department to voice its opinion. I would be happy to answer any questions.
Thank you, Mr. Healy. I do have one question. Does the Police Department have a specific type of training to spot these type of devices and how will this be enforced? DEPUTY COMMISSIONER HEALY: Not as of yet because we haven't had the ordinance. But we will put something -- they're quite visible. You can see them. We would put out a training bulletin, which would put up pictures identifying so you can see them. But also, we see people with them actually in use. They're used a lot of times with these drifting events and those type of car meets. You can see them actually flipping the tags back and forth. So you can actually see this happening. And it's not like James Bond, it flips to another tag number. It'll flip to a blank so you can't see, so it goes to a legitimate tag to a blank screen so you can't see anything. So they do that as they go across the bridges and the toll roads to avoid payment on the toll, but they're also doing a lot of that with these high-end cars that come into the City doing the drifting.
Thank you. So the presence of these devices will create probable cause for an officer to pull over a vehicle? DEPUTY COMMISSIONER HEALY: Probable cause for this violation, yes, absolutely. So that's a higher standard than reasonable suspicion.
Reasonable suspicion, thank you. Are there any other questions from members of the Committee?
Thank you, Mr. Chair. Thank you, Deputy, for your testimony. Does it have to be a moving violation at this point or can it be enforced while somebody is parked? DEPUTY COMMISSIONER HEALY: I'm sorry. Say that again.
Does it have to be a moving violation? DEPUTY COMMISSIONER HEALY: No. Having this on the vehicle in and of itself would be a violation of the City ordinance. That's why I commented on how it was drafted. I think that allows us to take proactive action with it just merely on the car.
And therefore -- DEPUTY COMMISSIONER HEALY: So you don't have to be in operation.
And it's not even an encounter with an individual. It'd just be on that particular vehicle? DEPUTY COMMISSIONER HEALY: Correct.
Thank you. Any other questions for this witness by members of the Committee? (No response.)
Thank you, Mr. Healy. I appreciate your testimony. DEPUTY COMMISSIONER HEALY: Thank you very much.
Is there any members of the public who wish to testify on Bill No. 240089? (No response.)
Seeing none, we will now transition into our public comment. But there's no 23 one here to testify on public comment. So, Mr. Pullin, we will now transition into our public meeting. I will note for the record that a quorum of the Committee is present. The Chair recognizes Councilmember Squilla for a motion on the amendment to Bill No. 7 240014.
Thank you, Mr. Chairman. I offer an amendment to Bill No. 240014. A copy of the amendment has been circulated to all members of the Committee. I move that the amendment to Bill No. 15 240014 be adopted.
Thank you. It has been moved and properly seconded that the amendment to Bill No. 240014 be adopted. All those in favor of the motion will signify by saying aye. (Aye.)
The ayes have it. Thank you. This amendment has been adopted. The Chair recognizes Councilmember Squilla for a motion on Bill Nos. 240008, 240009, 24000 -- I'm sorry -- 240011, 240014, 240016 as amended, and 240089.
Thank you, Mr. Chairman. I move that Bill Nos. 240008, 240009, 240011, 240014, as amended, 240016 and 240089 be reported from this Committee with a favorable recommendation and further move that the rules of Council be suspended to permit the first reading of this bill at the next session of Council. (Duly seconded.)
Thank you. It has been moved and properly seconded that Bill Nos. 240008, 240009, 240011, 240014 as amended, 240016 and 240089 be reported from this Committee with a favorable recommendation and further move that the rules of Council be suspended to permit the first reading of these bills at the next session of Council. All those in favor of the motion will signify by saying aye. (Aye.)
Ayes have it. Thank you. These bills just spoke on will be reported from this Committee with a favorable recommendation with a request that the rules of Council be suspended to permit first reading at the next Council session. Are there any other remarks by members of the Committee? (No response.)
Seeing none, this concludes the business before the Committee of Streets and Services today. Thank you very much for your attendance.
Thank you. Great job, Mr. Chair. (Committee on Streets and Services concluded at 10:33 a.m.) C E R T I F I C A T I O N I, hereby certify that the proceedings and evidence noted are contained fully and accurately in the stenographic notes taken by me in the foregoing matter, and that this is a correct transcript of the same. __________________________________ TANEHA CARROLL