COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON STREETS AND SERVICES3 Room 400, City Hall6 Philadelphia, Pennsylvania Thursday, June 2, 20117 2:25 p.m. PRESENT: COUNCILMAN FRANK DiCICCO, CHAIR10 COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN BILL GREEN11 COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN JAMES KENNEY12 COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN MARIA D. QUINONES-SANCHEZ13 BILLS 090746, 110131, 110132, 110226, 110258,15 110259, 110298, 110299, 110300, 110301, 110310, 110311, 110364, 110365, 110366,16 110368, 110378, 110380, 110386, 110393, 110435, 110436, 110437, 110438, 110439 and17 110440 - - -19 2 COUNCILMAN DiCICCO: Good2 afternoon, everyone. We are waiting for3 a quorum. I apologize for the delay.4 An announcement to do some5 housecleaning. Just for those who are6 here in reference to Bill No. 110386, the7 sidewalk behavior bill, that bill is8 being held. We will have a hearing on9 Tuesday at o'clock p.m. and Streets and10 Services Committee will -- that bill is11 being recessed to the call of the Chair12 for 4 o'clock p.m. this coming Tuesday,13 which is the 7th, June 7th, at 4 o'clock14 p.m. in this Chambers. There will be no15 hearing regarding the sidewalk behavior16 bill today.17 Thank you.18 (Applause.)19 COUNCILWOMAN BLACKWELL:20 Mr. Chairman?21 COUNCILMAN DiCICCO: I'm sorry.22 Councilwoman.23
Thank24 you. I wanted to thank you for holding25 3 6/2/11 - STREETS - BILL 090746, ETC.1 this bill in the spirit of cooperation2 and us working out another way to3 accomplish goals. Certainly on behalf of4 all right-thinking, good people5 everywhere, I thank you, because I know6 that your intention is to try to solve a7 problem, not to hurt homeless people. I8 knew that from the beginning. And so I9 would like to say thank you for your10 willingness to try to work this out.11 COUNCILMAN DiCICCO: Well,12 thank you, Councilwoman, and --13 (Applause.)14 COUNCILMAN DiCICCO: Thank you.15 And as I said to you and my colleagues16 earlier, I'm hopeful between now and next17 Tuesday that the language will be such18 that you will be comfortable and able to19 support the final draft of the20 legislation. Thank you for your21 cooperation as well.22 COUNCILWOMAN BLACKWELL:23 Certainly. Thank you.24 (Pause.)25 4 6/2/11 - STREETS - BILL 090746, ETC.1 COUNCILMAN DiCICCO: Good2 afternoon again, ladies and gentlemen. I3 apologize for the delay. What we will do4 is, we will begin the public hearing5 process. A couple of the other members6 of this Committee will be here within the7 next few minutes, so in the interest of8 time, everyone's time, we will begin the9 public hearing on the bills slated to be10 heard today in the Streets and Services11 Committee.12 My name is Frank DiCicco. I'm13 the Chair of this Committee. To my14 immediate right is Councilwoman Donna15 Reed Miller. To my immediate left is16 Councilman William Greenlee.17 With that, I will ask Mr.18 McMonagle to read the title of the first19 bill.20
Bill No. )11 COUNCILMAN DiCICCO: Good12 afternoon, Commissioner and Deputy. 16 Good afternoon, members of the17 Committee on Streets and Services. My18 name is Clarena Tolson, Commissioner of19 the Streets Department. I'm here with20 Deputy Commissioner Carlton Williams. We21 appreciate the opportunity to present22 testimony on Bill No. 1 proposed amendments to Bill No. 110366,2 which sets forth certain standards for3 code violation notices issued for the4 improper disposal of curbside refuse,5 rubbish, garbage and recyclable6 materials. 5 SWEEP officers already are trained to6 perform a check of the materials to look7 for information that may identify the8 person responsible for the materials. 12 Bill No. 18 The improper disposal of19 curbside refuse, litter and illegal20 dumping is something the Streets21 Department takes very seriously. Last22 year the Department issued over 100,00023 code violation notices. That will be for24 this year. 1 acquired new handheld electronic2 ticketing devices to address code3 enforcement violations relating to the4 quality of life issues in the City of5 Philadelphia. This new system has been6 an extremely effective tool to ensure7 accuracy and accountability. The most8 important feature of the device is the9 photo capability. This new system10 provides documented proof of a violation11 and helps us determine if a citation is12 warranted. 15 The data from the devices is16 automatically transferred to the Office17 of Administrative Review at the end of18 each workday. This eliminates travel19 time from sorting and delivering20 violation notices to OAR. 1 instant access to property owner2 information, violation history and3 licensing information. 12
Thank13 you, Mr. Chairman.14 I just want to thank15 Commissioner Tolson and Deputy16 Commissioner Williams. I know the Deputy17 Commissioner and I have talked a lot18 about this and we worked out any kind of19 language difficulty. I just want to make20 clear. Obviously we want enforcement of21 violations, but I and I think a lot of22 other people had gotten complaints that23 maybe some of these violations were too24 vague or they didn't think was fair25 10 6/2/11 - STREETS - BILL 090746, ETC.1 enough. So I think just putting, as the2 Commissioner said, certain standards in3 there I think helps everybody. It helps4 the community, it helps the Department,5 it helps everybody.6 Mr. Chairman, I have just two7 people who have come and just wanted to8 kind of briefly give their kind of9 description on why they thought that10 these changes were necessary. But,11 again, I certainly thank the Streets12 Department and the Bureau of13 Administrative Adjudication for your14 cooperation, and glad we don't have to15 fight about this.16 Thank you.17 COMMISSIONER TOLSON: Thank18 you.19 COUNCILMAN DiCICCO: One fight20 we don't have to have today.21 Councilwoman Miller.22
Hi. Good23 afternoon.24 COMMISSIONER TOLSON: Good25 11 6/2/11 - STREETS - BILL 090746, ETC.1 afternoon.2
I just3 want to know, what are the penalties for4 someone -- on this last page, it says if5 a person named in the code enforcement6 complaint is found at a hearing to have7 violated any regulated, adopted -- what8 are the penalties, and how many times do9 you need to get a ticket before you're10 taken into court?11 DEPUTY COMMISSIONER WILLIAMS:12 How you doing, Councilwoman? My name is13 Deputy Commissioner Carlton Williams from14 the Streets Department.15 The initial code violation16 notice is for $50, and there are17 penalties assessed if you don't pay18 within a certain time period. But the19 initial code violation notice is $50.20 Ranging -- for specific violations, there21 is other violations that could range from22 $100 up to $300, for which is in our23 capability. For instance, if you have a24 misuse of a litter basket, that's a $10025 12 6/2/11 - STREETS - BILL 090746, ETC.1 violation. So it ranges for various2 violations, various infractions, but3 initially the lowest violation amount is4 $50.5
So how6 many violations do you need to acquire7 before you're taken to court for this8 court action?9 DEPUTY COMMISSIONER WILLIAMS:10 That you would have to ask OAR. We don't11 know exactly the procedure for the number12 of tickets that you would have to13 accumulate before a higher action is14 actually taken against you. But, again,15 OAR would be able to answer that16 question.17
One other18 question. Same kind of pew, but what is19 the penalty for not cutting your grass,20 high weeds and all the others? Is that21 also $50?22 DEPUTY COMMISSIONER WILLIAMS:23 Yes. I believe that's $50 as well, yes.24
And then25 13 6/2/11 - STREETS - BILL 090746, ETC.1 OAR is who keeps track and determines2 when someone needs to go to court?3 DEPUTY COMMISSIONER WILLIAMS:4 Exactly. There's a procedure that,5 again, as the Commissioner mentioned in6 her testimony, our handhelds download the7 information to the Office of8 Administrative Review, which has the9 citation, the property address and the10 infraction, of course, the date, the time11 and all of the relevant information.12 That information is followed up with a13 notification of violation letter if the14 person hasn't taken care of the violation15 in a certain period of time. It tells16 them the penalty phase if they ignore it,17 and then at that point, the procedure18 goes on with continuous notices, because19 there's increased penalties each time20 that a notice -- that's all administered21 through the Office of Administrative22 Review.23
Because24 sometimes you have the same people25 14 6/2/11 - STREETS - BILL 090746, ETC.1 continue to violate, and you don't know2 whether they're being given a ticket or3 citation or whatnot. So if you want to4 get information, then it's best for our5 office to call someone at OAR?6 DEPUTY COMMISSIONER WILLIAMS:7 That's correct.8
All9 right.10 DEPUTY COMMISSIONER WILLIAMS:11 For repeat offenders, for people who have12 multiple tickets and you want to know if13 court action was taken against them.14
Because,15 you know, this time of year, I get a lot16 of calls from folks that are taking care17 of vacant properties or lots and it's,18 Oh, here we go again. We have to go and19 cut the grass. We have to go and clean20 the yard or clean the lot. And I've21 gotten a couple calls like in the last22 several weeks, like here we go again,23 summer is coming, grass is growing. In24 the winter, you plow the snow, you shovel25 15 6/2/11 - STREETS - BILL 090746, ETC.1 the snow. In the summer you're cutting2 the grass. And it's like these people3 are not listening, and from what we hear,4 that the CLIP program was so successful5 in the Northeast, when people got6 notices, they responded. They paid. I7 don't think they wanted to go to court.8 So sometimes I think that our enforcement9 just needs to be stronger.10 DEPUTY COMMISSIONER WILLIAMS:11 Understood.12 COMMISSIONER TOLSON:13 Enforcement is very important.14
Yeah.15 Okay. Thank you.16 COUNCILMAN DiCICCO: Thank you.17 Anyone else who wishes to18 testify? I understand there may be a19 couple witnesses. Please come forward.20 (Witnesses approached witness21 table.)22 COUNCILMAN DiCICCO: We have23 both of your written testimony and we24 will make that part of the record, so if25 16 6/2/11 - STREETS - BILL 090746, ETC.1 you could summarize, that would be2 helpful.3
7 My name is Alan Folkman and I'm a realtor8 who specializes in property management9 with JMH Realty Concepts. I've been10 managing property in the Fairmount/Spring11 Garden area since 1988. 16 As a landlord who has a strong17 interest in maintaining property values,18 I take the issues of dirty streets and19 trash removal very seriously. A clean,20 well-kept neighborhood makes my job21 easier. Apartments and houses rent22 faster and at a higher rate on a clean23 street. 1 strict clauses in our leases concerning2 tenants' handling of trash, which closely3 mirrors the City's ordinance and imposes4 clean-up charges on the tenants who5 ignore the rules. 10 When we find trash out at the11 wrong time or in a prohibited area, we12 take the time to go through the bag,13 identify the responsible party. We clean14 the area, photocopy the evidence and bill15 the tenant for the service. 1 helping us to patrol and find appropriate2 parties. In practice, however, the3 Streets Department enforcement serves4 only to make matters worse for us. Under5 current Streets Department practices, as6 soon as a trash violation is found, a7 ticket is issued and left at the8 property. But because no effort is made9 to determine who the actual violator is,10 the ticket has no name on it. As a11 result, the tenants, even those who may12 have caused the problem, simply ignore13 it. Neither the owner nor the property14 manager is notified at this point. 18 Aside from tenants, neighbors19 are the biggest problem. Under current20 operating procedures, because no effort21 is made to determine whose trash it is,22 anyone can simply dump their trash on23 your property and walk away. 1 numerous properties. 7 several weeks in a row to examine the8 trash, only to find consistency that the9 buildings on both sides decided it was10 okay to just jump their trash on our11 property. When I said something to them,12 they actually got indignant. 17 Now, I won't say the Streets18 Department was not always helpful. At19 least one supervisor from the SWEEPs20 program was sympathetic and did help in21 that case. 2 If the goal is really cleaner3 streets, then the solution is to issue4 citations to the guilty parties, not5 innocent bystanders. Pardon the pun, but6 when loading the system with citations,7 the old adage, "garbage in, garbage out"8 applies here. And if revenue is the9 goal, why not enforce the ordinance which10 prohibits anyone from dumping trash in11 someone else's property. At $150 per12 citation, you can both alter the13 offender's behavior and fill the City14 coffers. In addition, you have an15 advantage in collecting the data because16 the actual offender's evidence has been17 documented. There's no conflict of18 interest with enforcing it. It just19 takes more time to do it right instead of20 fast. 2 After having citations issued week after3 week, with no notice to either the owner4 or the agent so the corrective action5 could be taken, a notice has eventually6 made its way to the owner. 8 There is a simple solution for9 this. I and my colleagues manage10 property for numerous owners and11 investors who live outside the City12 limits. As per the law, my clients have13 hired us as licensed agents who are14 registered with the Department of License15 and Inspections specifically so that the16 City has a local party within the City17 limits should there be a need to serve18 papers to the owner. 1 but common occurrences. From my2 perspective, there are two simple3 solutions. First, make sure that the4 citation goes to the actual perpetrator,5 not the innocent party who just happens6 to own the building. It may take a7 little longer, but it is the right thing8 to do and it will work. 14
Thank you for the15 opportunity to speak today. My name is16 Slava Kozak.17 My husband and I have been18 landlords for 27 years of two properties19 in the Art Museum area and live within20 blocks of each of them. We love our21 neighborhood and have worked hard to22 champion its desirability. Many of our23 tenants have become homeowners in the24 area. We provide apartments that are25 24 6/2/11 - STREETS - BILL 090746, ETC.1 beautiful, safe and legal. The area has2 come a long way since we started, and we3 want to see it stay clean and beautiful.4 But with any success come5 disadvantages, the increase in the number6 of rental properties, hence more trash.7 Along with licensed rental properties,8 the neighborhood is filled with houses9 rented to students. In the past few10 years, trash tickets have become more11 widespread. As I walk through the area,12 I see the violations continue. Our13 tenants have been here several years14 without incident, and they know better15 than to leave trash out early.16 Tickets are issued to the17 property, not a specific violator, and18 then the property owner is notified over19 a month later. No evidence has been20 presented for us to counter. Our21 properties share the front stairs with22 another property, making it easy for them23 to place their trash on our side. Years24 ago, Polaroids were taken as proof, along25 25 6/2/11 - STREETS - BILL 090746, ETC.1 with identifying items. How does one2 know whether another neighbor's trash was3 left on the property or perhaps4 pranksters moving bags around? What5 happened to the burden of proof?6 When I did go to dispute a7 ticket, I was told it was my8 responsibility to be at my properties to9 make sure it stays clear of any unwanted10 trash. How are we supposed to work and11 accomplish that? In these hard times,12 $50 is no small matter. We as landlords13 are already paying the new trash tax,14 which is levied on the amount of units,15 not on the amount of people in a16 property. Our properties have a maximum17 of four people, unlike families and18 college rentals. There needs to be a19 fairer system that penalizes the20 wrongdoers and not those who are not home21 when tickets are issued.22 Thank you for your time.23 COUNCILMAN GREENLEE:24 Mr. Chairman, I just want to thank both25 26 6/2/11 - STREETS - BILL 090746, ETC.1 witnesses. It was some of their2 complaints with others that kind of3 generated this, but, again, I think what4 has been worked out with the Streets5 Department will address a lot of those6 issues. So I appreciate everybody's7 time.8 COUNCILMAN DiCICCO: Thank you.9 Any other witnesses on this10 bill?11 (No response.)12 COUNCILMAN DiCICCO: Seeing13 none, please read the title of the next14 bill.15
Bill No. 110364,16 an ordinance authorizing the striking17 from City Plan No. 42 and abandoning of a18 portion of a certain right-of-way19 reserved for municipal and public utility20 purposes which extends southwestwardly21 from the westerly side of former22 Thirty-Second Street, south of Market23 Street, under certain terms and24 conditions.25 27 6/2/11 - STREETS - BILL 090746, ETC.1 (Witnesses approached witness2 table.)3
Good afternoon,4 Mr. Chairman and members of the5 Committee. My name is Frank Morelli,6 Survey Bureau Manager of the Department7 of Streets, and the Department of Streets8 would like to offer the following9 testimony on Bill No. 110364.10 This is not an Administration11 ordinance, but an ordinance requested by12 Ms. Melissa Brown of Drexel University,13 3201 Arch Street, Philadelphia, PA.14 The purpose of this ordinance15 is to authorize the striking from the16 City Plan and abandoning of the17 northwesterly 23 feet wide portion of an18 existing 60 feet wide right-of-way for19 municipal and public utility purposes20 which extends southwestwardly from the21 westerly side of former 32nd Street,22 south of Market Street. This action will23 facilitate plans by Drexel University to24 construct a new building for the LeBow25 28 6/2/11 - STREETS - BILL 090746, ETC.1 College of Business, consisting of 122 stories and 177,500 square feet of floor3 space.4 This ordinance is supported by5 the Department of Streets and is6 recommended to your Committee for7 favorable action.8 COUNCILMAN DiCICCO: Good9 afternoon.10
Good afternoon,11 Chairman DiCicco and members of the12 Streets and Services Committee. My name13 is Martine Decamp. I'm a City Planner14 with the Development Planning Division of15 the Philadelphia City Planning16 Commission. I'm here to testify on Bill17 No. 110364, which Councilmember Blackwell18 introduced on May 12th, 2011.19 This Streets bill authorizes20 the striking and abandonment of the21 utility right-of-way in the former 32nd22 Street, south of Market Street.23 The City Planning Commission24 will consider Bill 110364 at its meeting25 29 6/2/11 - STREETS - BILL 090746, ETC.1 of June 14th, 2011. The Planning2 Commission staff will recommend approval.3 COUNCILMAN DiCICCO: Thank you.4 Appreciate it.5 Councilwoman Blackwell.6
Thank7 you, Mr. Chairman. It is true we have8 had meetings and deliberations with9 regard to this bill and we are totally in10 support of these plans.11 COUNCILMAN DiCICCO: Thank you.12 Anyone else here who wishes to13 testify for or against this bill?14 (No response.)15 COUNCILMAN DiCICCO: Seeing16 none, please read the title of the next17 bill.18
Bill No. 110298, an19 ordinance establishing a no truck parking20 regulation on the 300 block of Levick21 Street, both sides.22 (Witness approached witness23 table.)24
Good afternoon,25 30 6/2/11 - STREETS - BILL 090746, ETC.1 Mr. Chairman, members of the Committee.2 My name is Charles Denny. I'm Assistant3 Chief Traffic Engineer, and I'm here to4 testify on this bill.5 The Streets Department has no6 objections to this bill. As such, we7 have posted "no truck parking any time"8 signs on September 28th, 2009.9 Thank you for the opportunity10 to speak, and if you have any questions,11 I'm free to answer them.12 COUNCILMAN DiCICCO: Thank you,13 Mr. Denny.14 Any questions for this witness?15 (No response.)16 COUNCILMAN DiCICCO: Is there17 anyone else here who wishes to testify on18 this bill, for or against?19 (No response.)20 COUNCILMAN DiCICCO: Seeing21 none, please read the title of the next22 bill.23
Bill No. 110299, an24 ordinance establishing a no truck parking25 31 6/2/11 - STREETS - BILL 090746, ETC.1 regulation on the 200 through 600 blocks2 of Comly Street, both sides.3
Good afternoon4 again. Again, my name is Charles Denny.5 I'm the Assistant Chief Traffic Engineer.6 The Streets Department has no7 objections to this bill. As such, the8 "no truck parking any time" signs were9 installed on November 17th, 2010.10 Thank you for the opportunity.11 If you have any questions.12 COUNCILMAN DiCICCO: Thank you,13 Mr. Denny.14 Any questions for this witness?15 (No response.)16 COUNCILMAN DiCICCO: Anyone17 else here who wishes to testify for or18 against this bill?19 (No response.)20 COUNCILMAN DiCICCO: Seeing21 none, please read the title of the next22 bill.23
Bill No. 110300, an24 ordinance establishing a no truck parking25 32 6/2/11 - STREETS - BILL 090746, ETC.1 regulation on the 5700 to 6800 blocks of2 Bingham Street, both sides.3
Good afternoon4 again. I'm Charles Denny, Assistant5 Chief Traffic Engineer.6 The Streets Department has no7 objections to the passage of this bill.8 The appropriate "no truck parking any9 time" signs were installed on November10 16th, 2010.11 Thank you for the opportunity.12 COUNCILMAN DiCICCO: Thank you,13 Mr. Denny.14 Any questions?15 (No response.)16 COUNCILMAN DiCICCO: Anyone17 else here who wishes to testify for or18 against this bill?19 (No response.)20 COUNCILMAN DiCICCO: Please21 read the title of the next bill.22
Bill No. 110301, an23 ordinance establishing a no truck parking24 regulation on the 700 block of Harrison25 33 6/2/11 - STREETS - BILL 090746, ETC.1 Street, both sides.2
Good afternoon3 again. My name is Charles Denny,4 Assistant Chief Traffic Engineer.5 The Streets Department has no6 objection to the passage of this bill.7 The appropriate "no truck parking any8 time" signs were installed on November9 17th, 2010.10 Thank you for the opportunity11 to testify.12 COUNCILMAN DiCICCO: Thank you13 again.14 Any questions?15 (No response.)16 COUNCILMAN DiCICCO: Anyone17 else here who wishes to testify on this18 bill?19 (No response.)20 COUNCILMAN DiCICCO: Seeing21 none, please read the title of the next22 bill.23
Bill No. 110438, an24 ordinance authorizing the installation of25 34 6/2/11 - STREETS - BILL 090746, ETC.1 all-way stop signs at the intersection of2 Winchester Avenue and Narvon Street.3
Good afternoon4 again. 5 I'm the Assistant Chief Traffic Engineer6 with the Department of Streets. 11 The Streets Department has12 objections to this bill. The13 Pennsylvania Vehicle Code requires14 PennDOT to develop regulations governing15 the traffic control devices in accordance16 with the Federal Highway Administration17 Manual on Uniform Traffic Control18 Devices. These regulations apply to all19 public streets and highways in20 Pennsylvania, and the City Solicitor has21 ruled that the Streets Department is22 legally obligated to comply with the23 Vehicle Code and related PennDOT24 regulations. 13 Warrant I relates to the14 location where a traffic signal is15 warranted but for some reason cannot be16 immediately installed. 22 Warrant II relates to crash23 experience. 7 Warrant III relates to vehicles8 and pedestrian volumes and it requires9 that the total vehicle volume on the10 major street, Winchester, average at11 least 300 vehicles per pour for any eight12 hours of the average day. 17 The most recent study in 2006,18 the peak hour volume on Winchester was19 156 vehicles per hour, which was 5220 percent of the required volume. Traffic21 entering from Narvon Street averaged six22 vehicles per hour and six pedestrians per23 hour for the same hour, totalling 1224 units. 1 minimum 200 required per hour for the2 minor street. 15 Drivers do realize how much traffic exits16 from a side street and gives the stop17 sign at those intersections less respect18 and also the next few intersections the19 drivers use as well. )13 COUNCILMAN DiCICCO: Anyone14 else here who wishes to testify? 17 Please have a seat, identify18 yourself for the record and proceed with19 your testimony. 21
My name is Kevin24 Meshner. I live on the corner of25 39 6/2/11 - STREETS - BILL 090746, ETC.1 Winchester and Narvon.2
I've lived on this3 street for 20 years and it's --4 unfortunately it's a residential street5 and the speed limit signs are up at 256 miles per hour, but they are very7 sporadically placed, and the distance of8 road from one stop sign that is up now,9 not at Narvon, down to the red light at10 Holme Avenue is over half a mile long,11 and the cars regularly go 40 to 50 miles12 an hour there, because, again, there's no13 enforcement.14 I can't tell you the number of15 times that I've tried to get out of my16 driveway and only to be actually almost17 hit by cars that have come around the18 curve, because simply it's a raceway.19 We feel that putting a stop20 sign at Narvon will dramatically slow the21 cars down, because instead of over a half22 a mile long, it will cut it down to a23 third of a mile.24 It's really important to put25 40 6/2/11 - STREETS - BILL 090746, ETC.1 this stop sign up. I mean, I know it2 doesn't meet all your regulations and3 stats and everything like this, but you4 have to live on this street to realize it5 really, really is a dangerous street.6 And Kevin lives on the corner.7
Just trying to8 back out of your driveway, you're looking9 back and you start backing up and then10 all the sudden there's a car there.11 There's been a number of times my wife12 has tried to back out and there's almost13 been an accident.14 The corner -- trying to get15 from Narvon onto Winchester in either16 direction is difficult. The speed on the17 street, they regularly going down the18 street at least 50 miles an hour, and19 there's -- the route on Winchester is20 very popular for people walking. The21 park is right there. So they're walking22 back and forth getting their exercise and23 so forth like that, but there is a need24 for it. Whether it meets requirements,25 41 6/2/11 - STREETS - BILL 090746, ETC.1 that I can't answer to, but I do believe2 that this is needed.3
The other thing is,4 we represent over 50 people who signed5 this petition that we want to hand in.6 COUNCILMAN DiCICCO: Thank you.7 All right. We heard your testimony and8 we understand that the Councilman who9 introduced it, Councilman O'Neill, is in10 support of this legislation. The11 Committee will act accordingly, but thank12 you for coming down. Thank you for your13 testimony.14 (Thank you.)15 COUNCILMAN DiCICCO: Is there16 anyone else here who wishes to testify?17 (No response.)18 COUNCILMAN DiCICCO: Seeing19 none, please read the title of the next20 bill.21
Bill No. 090746, an22 ordinance amending Section 9-208 of The23 Philadelphia Code, entitled "Sidewalk24 Cafes," by providing that sidewalk cafes25 42 6/2/11 - STREETS - BILL 090746, ETC.1 on Ninth Street, between Christian Street2 and Federal Street, may occupy spaces in3 which curb market carts may be located,4 under certain terms and conditions.5 (Witness approached witness6 table.)7
Good8 afternoon, Ms. Brisbon. Identify9 yourself for the record and proceed,10 please.11
Good afternoon,12 Chairman DiCicco and members of the13 Streets and Services Committee. My name14 is Michelle Brisbon and I'm a Staff15 Engineer with the Department of Streets,16 and I'm here to offer testimony on Bill17 No. 090746.18 This bill amends Section 9-20819 of The Philadelphia Code by allowing20 sidewalk cafes on Ninth Street between21 Christian Street and Federal Street in22 the spaces which may be occupied by the23 curb market carts.24 The Streets Department has no25 43 6/2/11 - STREETS - BILL 090746, ETC.1 objection to the proposed bill and, per2 Section 9-208 of The Philadelphia Code,3 will be drafting a regulation with4 language for the design and placement of5 these cafes and language to ensure the6 safety and protection of pedestrians.7 Thank you for your time. This8 concludes my testimony, and I am pleased9 to answer any questions you may have.10
Thank11 you, Ms. Brisbon.12 Is there anyone else here to13 testify on this bill?14 (No response.)15
Seeing16 none, Mr. McMonagle, the next bill,17 please.18
Bill No. 110226, an19 ordinance authorizing the University of20 the Sciences in Philadelphia, located at21 600 South 43rd Street, Philadelphia,22 Pennsylvania, to construct, own and23 maintain various encroachments in the24 form of auxiliary seating within the25 44 6/2/11 - STREETS - BILL 090746, ETC.1 right-of-way adjacent to the building at2 4140 Woodland Avenue, under certain terms3 and conditions.4
Good afternoon,8 Chairman DiCicco and members of the9 Streets and Services Committee. My name10 is Michelle Brisbon and I'm a Staff11 Engineer with the Department of Streets,12 and I'm here to offer testimony on Bill13 No. 110226.14 This bill authorizes the15 University of the Sciences in16 Philadelphia, located at 600 South 43rd17 Street, to construct, own and maintain18 various encroachments in the form of19 auxiliary seating adjacent to the20 building at 4140 Woodland Avenue.21 This encroachment includes a22 total of six tables with 12 chairs to be23 placed on the south sidewalk of Woodland24 Avenue. This encroachment will leave25 45 6/2/11 - STREETS - BILL 090746, ETC.1 approximately six feet, six inches of2 clear, unobstructed sidewalk.3 The Streets Department has no4 objections to the proposed encroachments5 and supports the passage of this bill.6 Thank you for your time. This7 concludes my testimony, and I'm pleased8 to answer any questions you may have.9
Thank10 you, Ms. Brisbon.11 Councilwoman Blackwell.12
Thank13 you, Mr. Chairman. We support this bill.14 We have been in touch, have met with the15 University, as well as the community, and16 we're happy, therefore, to support this.17
Thank you22 very much.23 Anyone else here to testify on24 this bill? Seeing none -- you wish to25 46 6/2/11 - STREETS - BILL 090746, ETC.1 testify?2 MR. McCALLEY: Yes.3
You have4 to come up to the microphone.5 (Witness approached witness6 table.)7
Good8 afternoon. Just identify yourself for9 the record and proceed.10 MR. McCALLEY: Good afternoon.11 Michael McCalley of Duane Morris on12 behalf of the University of the Sciences13 in Philadelphia.14 I just wanted to thank15 Councilwoman Blackwell for her support in16 connection with this ordinance. And we17 previously submitted an outline,18 basically outlining the history of this19 site and the approvals obtained. So I'm20 just here to answer any questions, should21 there be any.22
There's25 47 6/2/11 - STREETS - BILL 090746, ETC.1 no questions. Thank you, sir. Thank you2 for coming up.3 Anyone else here to testify?4 (No response.)5 COUNCILMAN GREENLEE:6 Mr. McMonagle.7
Bill No. 110258, an8 ordinance authorizing Francisco Hernandez9 to construct, own and maintain an10 enclosed sets of stairs attached to 65711 East Allegheny Avenue, Philadelphia,12 Pennsylvania, that will encroach upon the13 sidewalk of "F" Street, under certain14 terms and conditions.15
Good afternoon,16 Chairman DiCicco and members of the17 Streets and Services Committee. My name18 is Michelle Brisbon and I am a Staff19 Engineer with the Department of Streets,20 and I'm here to offer testimony on Bill21 No. 110258.22 This bill authorizes Francisco23 Hernandez to construct, own and maintain24 an encroachment in the form of an25 48 6/2/11 - STREETS - BILL 090746, ETC.1 enclosed set of stairs attached to 6572 East Allegheny Avenue. The enclosed3 staircase encroaches approximately four4 feet and two inches onto the west5 sidewalk of "F" Street, leaving6 approximately eight feet and ten inches7 of clear, unobstructed footway.8 The Streets Department has9 reviewed the plans for this project and10 supports the passage of the bill.11 Thank you for your time. This12 concludes my testimony, and I'm pleased13 to answer any questions you may have.14
Thank15 you.16 Is there anyone else here to17 testify on this bill?18 (No response.)19
Bill No. 110380, an22 ordinance authorizing the Hispanic23 Association of Contractors and24 Enterprises (HACE) Community Development25 49 6/2/11 - STREETS - BILL 090746, ETC.1 Corporation, 167 West Allegheny Avenue,2 Philadelphia, PA 19140, to construct, own3 and maintain six trash receptacles and4 twelve artificial palm trees, on the east5 and west footway of North Fifth Street,6 from Lehigh Avenue to Indiana Avenue, all7 under certain terms and conditions.8 COUNCILMAN GREENLEE:9 Ms. Brisbon.10
Good afternoon,11 Chairman DiCicco and members of the12 Streets and Services Committee. My name13 is Michelle Brisbon and I'm a Staff14 Engineer with the Department of Streets,15 and I'm here to offer testimony on Bill16 No. 110380.17 This bill authorizes HACE18 Community Development Corporation, 16719 West Allegheny Avenue, Philadelphia,20 Pennsylvania 19140, to construct, own and21 maintain six trash receptacles and 1222 artificial metal palm trees within the23 public right-of-way as indicated in Bill24 No. 110380.25 50 6/2/11 - STREETS - BILL 090746, ETC.1 The Streets Department has2 requested that the applicant provide3 plans for review and, therefore, the4 Streets Department cannot support the5 passage of this bill until plans have6 been submitted and approved.7 Thank you for your time. This8 concludes my testimony. I'm pleased to9 answer any questions you may have.10
Thank11 you. In whose district is this?12 Councilwoman Sanchez?13
Is she or15 her office aware of the concern; do you16 know?17
Yes. We've asked18 them to submit plans so that we can19 review them and make sure there are no20 conflicts within the utilities.21
Okay.22 All right. Thank you.23 Anyone else here to testify on24 this bill?25 51 6/2/11 - STREETS - BILL 090746, ETC.1 (No response.)2
Bill No. 110393, an5 ordinance granting permission to the6 Southeastern Pennsylvania Transportation7 Authority, 1234 Market Street,8 Philadelphia, Pennsylvania, to construct,9 own and maintain a passenger boarding10 platform, passenger shelter and other11 miscellaneous encroachments on the public12 sidewalk located at the northwest corner13 of the intersection of Frankford Avenue14 and Delaware Avenue, under certain terms15 and conditions.16
Good afternoon,19 Chairman DiCicco and members of the20 Streets and Services Committee. My name21 is Michelle Brisbon and I'm a Staff22 Engineer with the Department of Streets,23 and I'm here to offer testimony on Bill24 No. 110393.25 52 6/2/11 - STREETS - BILL 090746, ETC.1 This bill grants permission to2 the Southeastern Pennsylvania3 Transportation Authority to construct,4 use and maintain various encroachments5 within the public right-of-way as6 indicated in Bill No. 110393.7 The Streets Department has no8 objections to the proposed encroachments9 and supports the passage of the bill.10 Thank you for your time. This11 concludes my testimony.12
Thank13 you.14 Anyone else here to testify?15 Ms. Jones.16 (Witness approached witness17 table.)18
We know19 this is important, you showed up for20 this.21
Yes. Good25 53 6/2/11 - STREETS - BILL 090746, ETC.1 afternoon. I'm Frances Jones, Assistant2 General Manager of Government Affairs at3 SEPTA.4 Good afternoon, Chairman5 DiCicco and members of the Committee on6 Streets and Services. I am here today in7 support of the installation of passenger8 facilities for the trolley turnaround9 loop located at Frankford and Delaware10 Avenues.11 In support of PennDOT's Girard12 Avenue Interchange Project, SEPTA13 installed a trolley turnaround loop on14 Frankford Avenue between Girard and15 Delaware Avenues, with work completed in16 March of this year. This loop will17 enable the Route 15 trolley to continue18 its operations during the reconstruction19 of the Girard Avenue Bridge. At the20 intersection of Frankford and Delaware21 where the trolley will make a turnaround,22 SEPTA will construct a passenger boarding23 location and passenger shelter. Last24 summer, our staff met with surrounding25 54 6/2/11 - STREETS - BILL 090746, ETC.1 community groups that would be affected2 by the work and requests were made about3 providing adequate passenger facilities.4 The construction and use of the5 loop is vital to our continuing trolley6 operations for the heavily used Route 157 trolley, and we believe it will be8 utilized by passengers and residents of9 the surrounding communities.10 Thank you for the opportunity11 to speak about the Northern Liberties12 Loop Project.13
And I14 think there's a point now where it has to15 go into a bus; is that right? Is that16 part of where this -- wasn't there a17 section over there where the 15 had to18 bus part of it, I thought?19
During24 construction, absolutely. We were25 55 6/2/11 - STREETS - BILL 090746, ETC.1 shuttle bussing because of the2 construction, but with this done, it will3 be straight trolley unless there's a4 problem.5
And6 obviously it's a safer thing, because the7 people don't have to walk out to get8 the --9
Yes. Absolutely.10 It's much safer, and it really does11 improve the operation of the trolley12 loop.13
Makes14 sense. Thank you.15 Anyone else here to testify on16 this bill?17 (No response.)18
Seeing19 none, thank you both. Well, Ms. Brisbon,20 I think you stay there, right?21 Thank you, Ms. Jones.22 Mr. McMonagle.23
Bill No. 110310, an24 ordinance authorizing the Granary25 56 6/2/11 - STREETS - BILL 090746, ETC.1 Partners, L.P., located at 1425 Walnut2 Street, Philadelphia, Pennsylvania, to3 construct, own and maintain various4 encroachments within the City5 right-of-way on Shamokin Street between6 19th Street and 20th Street, the north7 side of Callowhill Street between 19th8 Street and 20th Street, and the west side9 of 19th Street between Shamokin Street10 and Callowhill Street, under certain11 terms and conditions.12
Good afternoon,13 Chairman DiCicco and members of the14 Streets and Services Committee. My name15 is Michelle Brisbon and I'm a Staff16 Engineer with the Department of Streets,17 and I'm here to offer testimony on Bill18 No. 110310.19 This bill authorizes the20 Granary Partners, L.P. to construct, use21 and maintain various encroachments within22 the public right-of-way as indicated in23 Bill No. 110310.24 The Streets Department has no25 57 6/2/11 - STREETS - BILL 090746, ETC.1 objections to these proposed2 encroachments and supports the passage of3 this bill.4 Thank you for your time. This5 concludes my testimony. I'm pleased to6 answer any questions.7
Good afternoon.10 My name is Martine Decamp, a City Planner11 with the Development Planning Division of12 the City Planning Commission. I'm here13 to testify on Bill No. 110310, which14 Councilmember Clarke introduced on April15 28th, 2011.16 This Streets bill will17 authorize certain encroachments in the18 block bounded by 19th Street, 20th19 Street, Callowhill Street and Hamilton20 Street. These encroachments include a21 pedestrian bridge over Shamokin Street,22 the construction of columns in Callowhill23 Street and 19th Street, awnings on24 Callowhill Street and North 19th Street,25 58 6/2/11 - STREETS - BILL 090746, ETC.1 and cornices and architectural2 embellishments of the building. These3 encroachments are part of the overall4 improvement of the site to allow for the5 development of 198 new dwelling units in6 the new building, along with 12 existing7 units in the Granary building.8 The City Planning Commission9 recommended approval for Bill No. 11065610 (sic) on October 19th, 2010 for a zoning11 change from "G-2" Industrial and "C-2"12 Commercial to "C-4" Commercial to allow13 for the construction of the Granary14 development. Therefore, the City15 Planning Commission recommends approval16 for Bill No. 110310 as an item in accord17 with previous policy.18 This concludes my testimony. I19 appreciate the opportunity to appear20 before you today and would be pleased to21 answer any questions you may have.22
Thank you23 both.24 Any questions from members of25 59 6/2/11 - STREETS - BILL 090746, ETC.1 the Committee?2 (No response.)3
Anyone4 else here to testify?5 Sir.6 COUNCILMAN DiCICCO: So as7 we're waiting for the next witness, just8 let the record reflect that Councilman9 Green, who is a member of this Committee,10 is also now in attendance.11 (Witness approached witness12 table.)13
Good afternoon,14 members of the Committee. William15 Martin, Fox Rothschild law firm.16 I represent Granary Partners,17 L.P. and, for your information, Reed18 Slogoff, the general partner of Granary19 Partners, L.P., is here with me in the20 Chambers. Mr. Slogoff submitted prepared21 testimony. In the interest of time, we22 will not read that into the record.23 COUNCILMAN DiCICCO: Thank you.24
But if you have25 60 6/2/11 - STREETS - BILL 090746, ETC.1 any questions regarding the project,2 we're happy to answer them.3 COUNCILMAN DiCICCO: Anyone4 questions?5 (No response.)6 COUNCILMAN DiCICCO: Anyone7 else here who wishes to testify on this8 bill?9 (No response.)10 COUNCILMAN DiCICCO: Seeing11 none, thank you. Thank you all for your12 testimony.13 Please read the title of the14 next bill.15
Bill No. 110311, an16 ordinance authorizing 600 North Broad17 Associates, L.P., 530 South Second18 Street, Philadelphia, Pennsylvania,19 owners of Gastronomy Restaurant, located20 at 600 North Broad Street, to construct,21 own and maintain various encroachments in22 the right-of-way adjacent to the south23 footway of Mount Vernon Street between24 Broad Street and Fifteenth Street, under25 61 6/2/11 - STREETS - BILL 090746, ETC.1 certain terms and conditions.2
Good afternoon,3 Chairman DiCicco and members of the4 Streets and Services Committee. My name5 is Michelle Brisbon and I'm a Staff6 Engineer with the Department of Streets,7 and I'm here to offer testimony on Bill8 No. 110311.9 This bill authorizes 600 North10 Broad Associates, L.P. to construct, use11 and maintain various encroachments within12 the public right-of-way as indicated in13 Bill No. 110311.14 The Streets Department has15 requested that the applicant provide16 updated plans for review and, therefore,17 the Streets Department cannot support the18 passage of this bill until updated plans19 have been submitted and approved.20 Thank you for your time. This21 concludes my testimony, and I'm pleased22 to answer any questions you may have.23
Good afternoon.24 My name is Martine Decamp. I'm a City25 62 6/2/11 - STREETS - BILL 090746, ETC.1 Planner with the Development Planning2 Division of the Philadelphia City3 Planning Commission. I'm here to testify4 on Bill No. 110311, which Councilmember5 Clarke introduced on April 28th, 2011.6 Streets Bill No. 1103117 authorizes the construction of an8 enclosed vestibule and ADA access ramp9 approximately 47 feet in length and10 projecting approximately seven feet into11 the south footway of Mount Vernon Street.12 This ramp for the proposed Gastronomy13 Restaurant will leave approximately eight14 feet of clear, unobstructed footway.15 At its meeting of May 17th,16 2011, the City Planning Commission17 requested an additional 45 days to review18 and make a recommendation on Bill No.19 110311. This additional time is needed20 to obtain more complete information about21 this encroachment request.22 This concludes my testimony. I23 appreciate the opportunity and will be24 pleased to answer any questions you may25 63 6/2/11 - STREETS - BILL 090746, ETC.1 have.2 COUNCILMAN DiCICCO: Thank you.3 Is this address the site of the former4 Wilkie Buick where the Stephen Starr and5 Marc Vetri, I believe, who are looking to6 build a restaurant complex, whatever?7
Yes. That's8 correct.9 COUNCILMAN DiCICCO: And your10 testimony again spoke to not being11 supportive of the bill as written12 because?13
We met with the14 applicant on Tuesday and just expressed15 some concerns for where they wanted to16 place the ramp for accessibility. The17 applicant expressed interest in being18 able to do some sidewalk cafes in that19 location and the cafe that they wanted20 to -- they wanted to place tables on the21 ramp, and we explained to them that you22 can't put tables on a ramp. The ramp is23 for accessibility only.24 So we discussed some25 64 6/2/11 - STREETS - BILL 090746, ETC.1 alternatives to the design, and they're2 supposed to make some changes to the3 plans and have it ready to present to the4 Planning Commission, I believe, June5 14th.6 COUNCILMAN DiCICCO: So there's7 a possibility that there may be an8 amendment to this bill or would it be --9 I would assume an amendment?10
Yes.11 COUNCILMAN DiCICCO: What I'm12 suggesting, speaking to the Chief of13 Staff of the sponsor of the bill, is14 maybe we vote it out with a favorable15 recommendation, no suspension, give you16 time to revisit the plans.17
Yes.18 COUNCILMAN DiCICCO: And do an19 amendment on the floor before we recess,20 because I suspect it will be somewhat21 time sensitive to the development of that22 project.23
Correct. And we24 understand that.25 65 6/2/11 - STREETS - BILL 090746, ETC.1 COUNCILMAN DiCICCO: All right.2 Thank you. We'll do it that way.3 I corrected -- I'm losing4 track. We only have two session days.5 So we would have to vote it out with a6 suspension. We could get first reading7 next week, and somewhere in between next8 Thursday and the following Thursday, that9 issue may be resolved, and if it's not,10 then it will be up to the sponsor to11 either hold it or call it up for a final12 vote.13
Okay.14 COUNCILMAN DiCICCO: But we're15 trying not to supersede what you're16 doing. I just want to keep this thing in17 the time sequence I think it's going to18 need.19
Okay.20 COUNCILMAN DiCICCO: Okay.21 Thank you.22 Let the record reflect that23 Councilwoman Maria Quinones-Sanchez is24 also in attendance.25 66 6/2/11 - STREETS - BILL 090746, ETC.1 Please read the title of the2 next bill.3
Bill No. 110365, an4 ordinance authorizing the Children's5 Hospital of Philadelphia to construct,6 use and maintain certain encroaching7 structures in the rights-of-way of Civic8 Center Boulevard, under certain terms and9 conditions.10
Good afternoon,11 Chairman DiCicco and members of the12 Streets and Services Committee. My name13 is Michelle Brisbon and I'm a Staff14 Engineer with the Department of Streets,15 and I'm here to offer testimony on Bill16 No. 110365.17 This bill authorizes the18 Children's Hospital of Philadelphia to19 construct, use and maintain various20 encroachments within the public21 right-of-way as indicated in Bill No.22 110365.23 The Streets Department has no24 objections to these proposed25 67 6/2/11 - STREETS - BILL 090746, ETC.1 encroachments and supports the passage of2 this bill.3 Thank you for your time. This4 concludes my testimony. I'm pleased to5 answer any questions you may have.6
Good afternoon.7 My name is Martine Decamp, a planner with8 the Development Planning Division of the9 Philadelphia City Planning Commission.10 I'm here to testify on Bill No. 110365,11 which Councilmember Blackwell introduced12 on May 12th, 2011.13 Streets Bill 110365 authorizes14 the following three actions: First, a15 building encroachment over Civic Center16 Boulevard to allow for a pedestrian17 bridge that connects the Leonard and18 Madlyn Abramson Pediatric Research Center19 and the Colket Translational Research20 Building; secondly, a building21 encroachment over the right-of-way of22 Civic Center Boulevard to allow for a23 pedestrian bridge that connects the24 Children's Seashore House and the25 68 6/2/11 - STREETS - BILL 090746, ETC.1 Ambulatory Care Center; and, thirdly, a2 building encroachment under the3 right-of-way of Civic Center Boulevard4 consisting of tie-backs for a permanent5 retaining wall.6 The City Planning Commission7 recommended approval for Bill No. 0404968 on May 18th, 2004 for a zoning change9 from "C-3" Commercial to "C-5" Commercial10 and "C-3" Commercial to allow for the11 expansion of the Children's Hospital.12 Therefore, the City Planning Commission13 recommends approval for Bill No. 11036514 as an item in accord with previous15 policy.16 This concludes my testimony. I17 appreciate the opportunity and will18 answer any questions you may have.19 COUNCILMAN DiCICCO: Thank you.20 Thank you both.21 Councilwoman Blackwell.22
Thank23 you very much. We have had a series of24 meetings, drawings and all that goes with25 69 6/2/11 - STREETS - BILL 090746, ETC.1 this project, and we're certainly happy2 to support it.3 COUNCILMAN DiCICCO: Thank you,4 Councilwoman.5 Anyone else?6 (Witness approached witness7 table.)8 COUNCILMAN DiCICCO: There's an9 extra chair. You ladies don't have to10 move.11
Mr. Chairman,12 William Martin, Fox Rothschild law firm13 and counsel to Children's Hospital.14 For the information to members15 of the Committee, I'm joined here this16 afternoon by Joe Kiernan, Director of17 Facilities Planning; Jim Hansen, Senior18 Project Manager; and Christopher Beck of19 the hospital's Office of Government20 Affairs. They're each in the Chambers21 here and available to answer any22 questions members of the Committee may23 have regarding the ordinance.24 On behalf of the hospital, we'd25 70 6/2/11 - STREETS - BILL 090746, ETC.1 like to express our appreciation to2 Councilwoman Blackwell for her assistance3 and perspectives on this project, and4 we're happy -- I'm happy, as are the5 representatives of the hospital, to6 answer any questions members of the7 Committee may have.8 COUNCILMAN DiCICCO: Thank you.9 Any questions for this witness10 or these witnesses?11 (No response.)12 COUNCILMAN DiCICCO: Anyone13 else here who wishes to testify?14 (No response.)15 COUNCILMAN DiCICCO: Seeing16 none, please read the title of the next17 bill.18
Bill No. 110436, an19 ordinance authorizing Kimmel Center,20 Inc., 200 South Broad Street,21 Philadelphia, Pennsylvania, owner of the22 Kimmel Center located at 300 South Broad23 Street, to construct, use and maintain24 various encroachments in the right-of-way25 71 6/2/11 - STREETS - BILL 090746, ETC.1 on the south sidewalk of Spruce Street2 between Broad and Fifteenth Street, under3 certain terms and conditions.4
Good afternoon,5 Chairman DiCicco and members of the6 Streets and Services Committee. My name7 is Michelle Brisbon and I'm a Staff8 Engineer with the Department of Streets,9 and I'm here to offer testimony on Bill10 No. 110436.11 This bill authorizes Kimmel12 Center, Incorporated to construct, use13 and maintain various encroachments within14 the public right-of-way as indicated in15 Bill No. 110436.16 The Streets Department has no17 objections to these proposed18 encroachments and supports the passage of19 this bill.20 Thank you for your time. This21 concludes my testimony.22
Good afternoon.23 My name is Martine Decamp, member of the24 Development Planning Division of the25 72 6/2/11 - STREETS - BILL 090746, ETC.1 Philadelphia City Planning Commission.2 I'm here to testify on Bill No. 110436,3 which Councilmember Tasco introduced on4 May 26th, 2011 under the request of5 Councilmember Verna.6 This Streets Bill 110276 (sic)7 authorizes an extension of the Kimmel8 Center building that will encroach onto9 the south sidewalk of Spruce Street10 approximately four feet, leaving11 approximately 12 feet of clear,12 unobstructed footway for pedestrian13 traffic.14 The City Planning Commission15 will consider Bill 110436 on June 14th,16 2011. The Planning Commission staff will17 recommend approval.18 This concludes my testimony on19 this. I appreciate the opportunity and20 will answer any questions you may have.21 COUNCILMAN DiCICCO: Thank you.22 Any questions for these23 witnesses?24 (No response.)25 73 6/2/11 - STREETS - BILL 090746, ETC.1 COUNCILMAN DiCICCO: Anyone2 else here who wishes to testify on this3 bill?4 (No response.)5 COUNCILMAN DiCICCO: Seeing6 none, please read the title of the next7 bill.8 Thank you, ladies.9
Bill No. 110132, an10 ordinance amending Section 9-206 of The11 Philadelphia Code, entitled "Sidewalk12 Vendors in Neighborhood Business13 Districts," by creating the "52nd Street14 Business District for Sidewalk Vending,"15 all under certain terms and conditions.16 (Witness approached witness17 table.)18
Good morning,19 Chairman DiCicco and members of the20 Committee on Streets and Services. I am21 Kevin Dow, Deputy Commerce Director and22 Chief Operating Officer for the Commerce23 Department. I'm here to testify on Bill24 No. 110132, which would create the 52nd25 74 6/2/11 - STREETS - BILL 090746, ETC.1 Street Business District for Sidewalk2 Vending.3 This proposal sponsored by4 Councilwoman Blackwell would establish5 needed legislation that will continue the6 revitalization of the 52nd Street7 commercial corridor, including the8 boundaries for sidewalk vending,9 establish the maximum number and10 locations of sidewalk vendors, regulate11 the design of vending stands, establish a12 formal selection process for the approval13 of specific vendors, and establish14 regulatory protocols for vendor15 operations.16 This proposed legislation has17 been developed in the context of an18 ongoing and comprehensive strategy to19 transform this key marketplace in West20 Philadelphia. This is an area that has21 been fraught with many of the urban22 marketplace issues that create downward23 spiral. This is evidenced by reduced tax24 base, increase in crime and chaotic25 75 6/2/11 - STREETS - BILL 090746, ETC.1 physical environment, which was magnified2 by the SEPTA El reconstruction project.3 Now is the time to revitalize4 this marketplace, which has a vibrant5 residential and business community marked6 by a supportive public sector, a7 committed mayoral administration and the8 resources poised for investment9 opportunities.10 At this time, I'd like to thank11 Councilwoman Blackwell, John Christmas,12 Marty Cabry for all of their efforts to13 ensure that we move forward in this14 transformation of this key area.15 The initial planning phases are16 complete, and the community is being17 engaged proactively to design and18 implement targeted changes to develop a19 marketplace that is conducive for20 businesses to operate and succeed, as21 well as for residents to enjoy. With a22 partnership and help of the vendors and23 area businesses, the removal of the24 canopies is complete. Now we are focused25 76 6/2/11 - STREETS - BILL 090746, ETC.1 on bringing in additional resources to2 complete streetscape projects already3 taking place, implement a storefront4 facade program to enhance the5 attractiveness of the buildings, and the6 design and purchase of merchandising7 units for the vendors. Augmenting this8 is an already approved plan to bring a9 cleaning program to the corridor.10 Beyond the physical11 improvements, both ongoing and proposed,12 the Commerce Department is or will be13 providing technical assistance for area14 merchants, particularly the vendors, in15 an effort to assist them in improving16 their individual business practices, thus17 driving a better experience for the18 shopper and increased profitability for19 the entrepreneur. Additionally, a20 planning process has already begun to21 ensure that businesses and residents of22 the impacted area are organized in a23 manner that builds their individual and24 collective capacity, as well as to ensure25 77 6/2/11 - STREETS - BILL 090746, ETC.1 the corridor's overall sustainability for2 years to come.3 The Commerce Department has4 worked with Councilwoman Blackwell --5 again, thank you very much -- and her6 staff to engage the business community,7 particularly the vendors, as well as the8 residents in the surrounding area to9 create legislation that meets the needs10 for all stakeholders. The Administration11 fully supports this legislation; however,12 proposes a couple of amendments, which I13 have with me today if you do not have a14 copy already.15
Mr.16 Chairman?17 COUNCILMAN DiCICCO:18 Councilwoman Blackwell.19
Thank20 you. We thank Deputy Commerce Director21 Kevin Dow, who does a wonderful job for22 the City and certainly for us. We do23 support the Administration's amendments24 as well as this bill. This has been a25 78 6/2/11 - STREETS - BILL 090746, ETC.1 terrifying experience for me, since this2 was Lucien Blackwell's baby and I feel3 like I'm changing history. So this one4 was a tough one for me, but we have to5 move forward, and we're grateful for his6 support and leadership in this area.7 COUNCILMAN DiCICCO: I can8 appreciate what you've gone through. I9 had similar issues on South 9th Street10 and years ago on South Broad Street with11 vendors, but in any event, I also12 understand, Councilwoman, while we're13 speaking, that you've agreed to hold Bill14 110131?15
Yes.16 Yes, Mr. Chairman.17 COUNCILMAN DiCICCO: 11013118 will be held at the request of the19 sponsor.20 Any questions for this witness?21 (No response.)22 COUNCILMAN DiCICCO: Is there23 anyone else here who wishes to testify?24 (No response.)25 79 6/2/11 - STREETS - BILL 090746, ETC.1 COUNCILMAN DiCICCO: Thank you,2 Mr. Dow.3
Thank you.4 COUNCILMAN DiCICCO: Please5 read the title of the next bill.6
Bill No. 110368, an7 ordinance amending Section 9-213 of The8 Philadelphia Code, entitled "Farmers'9 Markets," by adding a permissible10 location on the sidewalk of the west side11 of Frankford Avenue between Bustleton12 Avenue and Pratt Street.13 (Witness approached witness14 table.)15
Good afternoon,16 Councilman DiCicco and members of the17 Committee. I am Maura Kennedy of the18 Department of Licenses and Inspections.19 Today I am here to provide testimony on20 Bill 110131, which, if enacted, will21 amend Section 9-205 of The Philadelphia22 Code, entitled "Sidewalk Sales," by23 regulating vending along the south side24 of Market Street between 48th and 49th25 80 6/2/11 - STREETS - BILL 090746, ETC.1 Street, under certain terms and2 conditions.3 The Department offers no4 objections to the enactment of this bill.5 Thank you for the opportunity6 to testify. I would be happy to answer7 any questions at this time.8 COUNCILMAN DiCICCO: Thank you.9 Are you testifying?10
I thought Sean11 announced farmers' markets. That's why I12 came up.13 COUNCILMAN DiCICCO: Thank you.14 Any questions for this witness15 from the Committee?16 (No response.)17 COUNCILMAN DiCICCO: Anyone18 else here who wishes to testify?19 (No response.)20 COUNCILMAN DiCICCO: Seeing21 none, please read the title of the next22 bill.23
Bill No. 110378, an24 ordinance amending Section 9-213 of The25 81 6/2/11 - STREETS - BILL 090746, ETC.1 Philadelphia Code, entitled "Farmers'2 Markets," by adding a permissible3 location on the sidewalk of the west side4 of Broad Street from West Olney Avenue5 for 85 feet south.6
Good afternoon,7 Councilman DiCicco and members of the8 Committee. I am Maura Kennedy from the9 Department of Licenses and Inspections.10 Today I'm here to provide testimony on11 Bill No. 110378, which, if enacted, will12 amend Section 9-213, "Farmers' Markets,"13 by adding a permissible location on the14 sidewalk of the west side of Broad Street15 from West Olney Avenue for 85 feet south.16 The Department of License and17 Inspections offers no objections to the18 enactment of this bill.19 Thank you for the opportunity20 to testify and I will be happy to answer21 questions.22 COUNCILMAN DiCICCO: Thank you.23 Ma'am, please identify yourself24 and proceed with your testimony.25 82 6/2/11 - STREETS - BILL 090746, ETC.1
Yes. Hello. Good2 afternoon, Chairman DiCicco and3 Councilmembers of Streets and Services4 Committee. My name is Katy Wich and I'm5 a manager on the Food Trust Farmers6 Market program. Since its founding in7 1992, The Food Trust's mission has been8 to increase access to affordable and9 nutritious food for everyone, and I'm10 here today to offer testimony on five of11 our proposed market locations.12 To begin with, I would like to13 thank the Councilmembers and their staff14 for their support and partnership in15 starting these markets, Councilwoman16 Verna, Councilman Clarke, Councilman17 Jones, Councilwoman Krajewski and18 Councilwoman Miller. Thank you for your19 work and your commitment to fresh food in20 all neighborhoods across the City.21 As all of you know, we need to22 do more to bring fresh produce to all of23 Philadelphia's great neighborhoods, and24 the work you've done in the past few25 83 6/2/11 - STREETS - BILL 090746, ETC.1 weeks will allow us to dramatically2 expand access to farmers' markets across3 the City. Our hope is that farmers'4 markets flourish not only in Center City5 but in all neighborhoods.6 I would like to thank the7 Philadelphia Department of Public Health8 and Commissioner Schwarz for their vision9 of a healthier Philadelphia for all10 residents. Without the Department's11 support with the Get Healthy Philly12 Initiative, the farmers' expansion would13 not have occurred. I'd also like to14 thank our key community and15 organizational partners that have offered16 guidance and acted as great advocates17 along the way: SEPTA and Marion Coker,18 the Manger of the Office of Strategic19 Business Planning and Sustainability;20 Cicely Peterson-Mangum, the Executive21 Director of the Logan CDC; Lenora22 Jackson-Evans, the Executive Director of23 Strawberry Mansion Neighborhood Action24 Center; Suku John, the Director of the25 84 6/2/11 - STREETS - BILL 090746, ETC.1 East Park Revitalization Alliance; Vaughn2 Taylor of the Southwest Community3 Development Corporation; Spencer Finch,4 the Director of Sustainability for the5 Pennsylvania Economic Council; and Carey6 Davis, Director of City Lights; and7 Elizabeth Grimaldi, Executive Director of8 Village of Arts and Humanities.9 With their help, we selected10 farmers' market locations because of the11 roles they play as community hubs or12 transportation hubs. In doing this with13 the locations, they'll fit more easily14 into the routines of those living in the15 neighborhoods.16 I hope it's okay. I just put17 them all together since there are five of18 them.19 These markets are sponsored by20 the Department of Public Health's Get21 Healthy Philly program, and to keep22 produce accessible to many customers at23 the markets, we accept food stamps and24 SNAP benefits. We also accept Philly25 85 6/2/11 - STREETS - BILL 090746, ETC.1 Food Bucks, which is an incentive program2 designed expressly for SNAP3 beneficiaries, and the markets also4 accept Senior and WIC Farmers' Market5 vouchers, of which nearly 47,000 people6 in need receive in Philadelphia each7 year.8 The farmers' markets benefit9 neighborhoods in a variety of ways,10 including greater access to locally11 grown, affordable fruits and vegetables12 and the ability for residents to shop13 within their own neighborhood and the14 opportunity for SNAP customers to use15 their benefits at market and increase16 fresh produce purchasing power.17 In closing, I'd again like to18 thank Council for their role in19 supporting the expansion of access to20 healthy foods in order not only to21 improve residents' health but their22 quality of life.23 Thank you, and I'll be happy to24 answer any questions.25 86 6/2/11 - STREETS - BILL 090746, ETC.1 COUNCILMAN DiCICCO: Thank you.2 I understand you have made3 testimony on the wrong number bill.4
I did. I did.5 COUNCILMAN DiCICCO: No6 problem. You're excused. We'll just --7 I think for the record, we'll ask the8 stenographer to strike the testimony as9 it was referred to on Bill No. 110131,10 because that bill is being held.11
Oh, that's being12 held, okay.13 COUNCILMAN DiCICCO: Thank you.14
Good afternoon.15 I'm Maura Kennedy for the Department of16 License and Inspections. Today I'm here17 to provide testimony on 110368, which, if18 enacted, will amend 9-213, "Farmers'19 Markets," by adding a permissible20 location on the sidewalk of the west side21 of Frankford Avenue between Bustleton22 Avenue and Pratt Street.23 The Department of License and24 Inspections offers no objections on this25 87 6/2/11 - STREETS - BILL 090746, ETC.1 bill, and thank you for the opportunity2 to provide the Department's testimony.3 I'll be happy to answer more questions at4 this time.5 COUNCILMAN DiCICCO: Any6 questions for this witness?7 (No response.)8 COUNCILMAN DiCICCO: Anyone9 else here who wishes to testify?10 (No response.)11 COUNCILMAN DiCICCO: Seeing12 none, please read the title of the next13 bill.14
Bill No. 110435, an15 ordinance amending Section 9-213 of The16 Philadelphia Code, entitled "Farmers'17 Markets," by adding a permissible18 location on the sidewalk of the west side19 of Germantown Avenue between North 10th20 Street and North Alder Street.21
Good afternoon,22 Councilman DiCicco and members of the23 Committee. I'm Maura Kennedy from the24 Department of License and Inspections.25 88 6/2/11 - STREETS - BILL 090746, ETC.1 Today I'm here to provide testimony on2 Bill 110435, which, if enacted, will3 amend Section 9-213, "Farmers' Markets,"4 by adding a permissible location on the5 sidewalk of the west side of Germantown6 Avenue between North 10th Street and7 North Alder Street.8 The Department of Licenses and9 Inspections offers no objections to the10 enactment of this bill.11 Thank you for the opportunity12 to provide the Department's testimony.13 I'll be happy to answer questions at this14 time.15 COUNCILMAN DiCICCO: Thank you.16 Any questions for this witness?17 (No response.)18 COUNCILMAN DiCICCO: Anyone19 else here who wishes to testify on this20 bill?21 (No response.)22 COUNCILMAN DiCICCO: Seeing23 none, please read the title of the next24 bill.25 89 6/2/11 - STREETS - BILL 090746, ETC.1
Bill No. 110437, an2 ordinance amending Section 9-213 of The3 Philadelphia Code, entitled "Farmers'4 Markets," by adding a permissible5 location on the sidewalk of the west side6 of South 58th Street between Chester7 Avenue and Kingsessing Avenue, all under8 certain terms and conditions.9
Good afternoon,10 Councilman DiCicco and members of the11 Committee. I'm Maura Kennedy from the12 Department of License and Inspections.13 Today I'm here to provide testimony on14 Bill 110437, which, if enacted, will15 amend Section 9-213, "Farmers' Markets,"16 by adding a permissible location on the17 sidewalk of the west side of South 58th18 Street between Chester Avenue and19 Kingsessing Avenue, under certain terms20 and conditions.21 The Department of Licenses and22 Inspections offers no objections to the23 enactment of this bill.24 Thank you for the opportunity25 90 6/2/11 - STREETS - BILL 090746, ETC.1 to testify. I'll be happy to answer2 questions.3 COUNCILMAN DiCICCO: Thank you.4 Any questions for this witness?5 (No response.)6 COUNCILMAN DiCICCO: Anyone7 else here who wishes to testify on this8 bill?9 (No response.)10 COUNCILMAN DiCICCO: Seeing11 none, please read the title of the next12 bill.13
Bill No. 110439, an14 ordinance amending Section 9-213 of The15 Philadelphia Code, entitled "Farmers'16 Markets," by adding a permissible17 location on the sidewalk of the north18 side of Diamond Street from 33rd Street19 for 200 feet west.20
Good afternoon,21 Councilman DiCicco and members of the22 Committee. I'm Maura Kennedy from the23 Department of License and Inspections.24 Today I'm here to provide testimony on25 91 6/2/11 - STREETS - BILL 090746, ETC.1 110439, which, if enacted, will amend2 Section 9-213, "Farmers' Markets," by3 adding a permissible location on the4 sidewalk of the north side of Diamond5 Street from 33rd Street for 200 feet6 west.7 The Department of Licenses and8 Inspections offers no objections to the9 enactment of this bill.10 Thank you for the opportunity11 to testify. I'm happy to take questions.12 COUNCILMAN DiCICCO: Thank you13 again.14 Any questions for this witness?15 (No response.)16 COUNCILMAN DiCICCO: Anyone17 else here who wishes to testify on this18 bill?19 (No response.)20 COUNCILMAN DiCICCO: Seeing21 none, please read the title of the next22 bill.23 Thank you, ladies.24
Bill No. 110259, an25 92 6/2/11 - STREETS - BILL 090746, ETC.1 ordinance amending Section 9-407 of The2 Philadelphia Code, entitled "Tour3 Passenger Carriers," to provide for tour4 passenger loading zones of a specified5 size in certain locations and in certain6 numbers, to provide for the removal of7 limitations on the number of loading8 zones a tour passenger carrier can occupy9 at one time, to provide for changes to10 the amount of certain fees by regulation,11 and to provide for certain reporting12 requirements, all under certain terms and13 conditions.14 (Witness approached witness15 table.)16 COUNCILMAN DiCICCO: Good17 afternoon, Mr. Abernathy. Before you18 begin with your testimony, I'd just like19 to clear up for those folks who are here20 for this bill that I spoke with earlier.21 I had said originally my intention was to22 hold the bill. I apologize for the23 confusion. I must admit, I was totally24 confused myself. We are now going to25 93 6/2/11 - STREETS - BILL 090746, ETC.1 hear the bill, and we will explain what2 that means in terms of operational3 procedures going forward.4 Basically it means that the5 operators who are out there today will6 continue to operate, but we're going to7 formalize that by way of this8 legislation.9 Good afternoon.10
Good afternoon,11 Chairman DiCicco and members of the12 Committee. My name is Brian Abernathy13 and I am Chief of Staff to the Managing14 Director. I'm here today to testify in15 favor of Bill No. 18 Bill No. 110259 makes a number19 of technical changes to The Philadelphia20 Code dealing with tour passenger21 carriers. 21 Additionally, Bill No. 11025922 adds two additional tour passenger23 loading zones at the request of two24 separate tour companies. 1 Philadelphia Sightseeing Tours has2 requested a loading zone on the east side3 of 5th Street adjacent to the Bourse4 Building. The Bourse Building supports5 this loading zone. 11 Finally, I'd like to offer an12 amendment that adds two additional13 loading zones to the west side of 6th14 Street between Ranstead and Chestnut15 Streets. These loading zones would be16 used by the Ride the Ducks, Incorporated,17 which would relocate their current18 operations on the east side of 6th Street19 adjacent to the Independence Visitor20 Center. Bill No. 3 COUNCILMAN DiCICCO: Thank you,4 Mr. 5 For the record, a letter was6 submitted to this Committee by the CEO of7 the Independence Visitor Center,8 Mr. James J. Cuorato, and basically what9 the letter speaks to is the10 disappointment of the Ducks having to11 relocate from the location that they have12 operated within for several years now;13 that is, the area on 6th Street, east14 side of 6th Street between Market and15 Arch. 19 In Mr. 1 Arch who is of the opinion that leaving2 the Ducks locate and have a staging area3 on 6th Street will pose a threat to the4 Federal Courthouse. 15 It has been a frustrating16 experience for me and for the folks who17 operate the Ducks and for many of the18 other operators in the Mall area. 1 I'm wrong, Mr. 4
That's correct.5 After meeting with both the federal6 judges and U.S. Marshals, the City --7 COUNCILMAN DiCICCO: That's not8 because you believe someone is going to9 blow up the courthouse, but because we10 don't want to deal with the federal11 judge.12
It's outside13 our purview, our security concerns.14 COUNCILMAN DiCICCO: Thank you.15 Any questions from this16 Committee?17 (No response.)18 COUNCILMAN DiCICCO: Is there19 anyone else here who wishes to testify on20 this bill?21 Please approach the witness22 table.23 (Witness approached witness24 table.)25 99 6/2/11 - STREETS - BILL 090746, ETC.1 COUNCILMAN DiCICCO: Good2 afternoon, Chris.3
My name is4 Chris Herschend. I'm the President of5 Ride the Ducks. I've got a letter here6 I'll provide. 8 Ride the Ducks is a9 family-owned sightseeing company. We've10 been in business around 30 years around11 the United States. 16 I'm a little concerned about17 the proposed changes. 4 As the Councilman said, this5 has been a long dialogue. It was 2006,6 after about two years of dialogue with7 this Committee and others, we moved our8 loading zones from 6th and Chestnut up9 the block to the 6th Street block face10 between Market and Arch. In March of11 2008, Judge Timothy Savage -- I should12 note, Judge Savage's chambers overlook13 Independence Mall. Judge Savage began a14 campaign to move the Ducks out of the15 City's designated tour operator loading16 zones; specifically, the zones on 6th17 Street adjacent to the Independence18 Visitor Center. "3 Frank Friel, one of our -- I4 didn't make it up. 12 Despite this, the courthouse13 marshals convinced the National Park14 Service to revoke our commercial use15 authorizations last summer, which16 eliminated our ability to transact17 business on the sidewalk. 1 I realize that most people2 would not feel that moving Ducks around3 on Independence Mall is a significant4 issue. 5 It's interdependent. 7 I also am concerned about the8 federal interference in the City's9 operations. 10 This is all through innuendo, influence11 and discussion, not through the formal12 channels of accountability that a federal13 judge has available to him, like judicial14 writs or the legal system. 16 This all brings us to the17 present. The end result of all of this18 is our loading zone capacity has been19 reduced by 75 percent, through no fault20 of our own, except we were unlucky to be21 located near the judge's chambers. 4 The proposal, as I understand5 it, that's been proposed today6 ameliorates this a bit. 13 What's been proposed today is a14 good step. As I understand it -- I have15 a map here, and it's included with my16 letter. As I understand it, here's17 Market, here's the Liberty Bell, here's18 Chestnut. It's my understanding that19 this is the location at Ranstead Street20 that's being proposed today. 4 I've made some different suggestions,5 but, frankly, we understand these are the6 City streets and we are at these7 locations, any of them, at the pleasure8 of the City. So I won't belabor the9 point with a lot of recommendations. I10 do think it's important for us to be11 near, as close as possible, to the12 Independence Visitor Center from a safety13 perspective and a guest service14 perspective. 19 COUNCILMAN DiCICCO: Just a20 brief comment. In addition to the21 economic impact that this may cause your22 company, I also think it's important to23 point out -- and it's in Mr. 1 worth repeating -- is that this will also2 cost the Independence Visitor Center a3 significant amount of loss in revenues as4 well. When we designed this, when5 Mr. Abernathy was my Chief of Staff, the6 layout of all the operations that take7 place around the Independence Mall area8 was agreed upon. After two, three years,9 maybe even five years of hard work, it10 was agreed that the Ducks would have a11 staging area on the east side of 6th12 between Market and Arch, which gave the13 Independence Visitor Center an ability to14 sell tickets, which they get a percentage15 of those ticket sales for the Ducks. So16 that revenue that they relied on, for the17 most part, will probably disappear, if18 not completely, but significantly. 21 When you show on that map,22 Chris, the one staging area on 5th23 Street --24
There are two25 106 6/2/11 - STREETS - BILL 090746, ETC.1 shown here on 5th, one where we currently2 sit and one that we identified.3 COUNCILMAN DiCICCO: I was4 driving around last week looking at some5 of the stuff. There are a couple of your6 Duck boats that use 6th Street between7 Arch and Race as a staging area alongside8 the Constitution Center.9
We have been10 using the location you're referring to --11 COUNCILMAN DiCICCO: I'm fine12 with that.13 I don't know, Mr. Abernathy, if14 I need to codify that or the City.15 He's shaking his head no.16 If you want to continue to use17 those spaces as well, that's fine.18
We use those19 occasionally with the Constitution20 Center's permission for groups loading21 and unloading. But I think it's a good22 question.23
The space on24 5th Street is already codified by25 107 6/2/11 - STREETS - BILL 090746, ETC.1 legislation, and those permits have2 already been issued.3 COUNCILMAN DiCICCO: Right,4 5th, but I'm talking about 6th Street5 between Arch and Race.6
Those are7 currently universal loading zones. Any8 operator can use those zones to stage.9 COUNCILMAN DiCICCO: Okay.10 Any questions from this11 Committee?12 (No response.)13 COUNCILMAN DiCICCO: Anyone14 else here who wishes to testify?15 (No response.)16 COUNCILMAN DiCICCO: Thank you.17 Thank you, Mr. Abernathy, again for your18 support. Thank you.19 Please read the title of the20 next bill.21
Bill No. 110440, an22 ordinance amending Title 12 of The23 Philadelphia Code, entitled "Traffic24 Code," by adding a new Chapter, entitled25 108 6/2/11 - STREETS - BILL 090746, ETC.1 "Bicycle Lanes," requiring the2 designation of bicycle lanes by3 ordinance, adding definitions to Section4 12-102, and making certain technical5 changes, all under certain terms and6 conditions.7 (Witness approached witness8 table.)9 COUNCILMAN DiCICCO:10 Ms. Cutler, I know you called me11 yesterday, and I apologize for not12 getting back to you. I usually do get13 back to people within a 24-hour period,14 but it's been a little bit hectic lately.15 The Chair recognizes Councilman16 Greenlee for some remarks.17
Thank18 you, Mr. Chairman. I'll be brief. I19 know it's been a long day, and it will20 probably get a little longer.21 I just want to comment just22 briefly on this bill and why it was23 introduced, and I mostly want to speak24 quickly about what this bill is not.25 109 6/2/11 - STREETS - BILL 090746, ETC.1 This bill is not intended to be anti-bike2 or anti-bike lane. I will go on record3 saying it's a good thing that Philly is4 bike friendly.5 I'm not saying or this bill is6 not saying anything has been done7 inappropriately or wrong by the8 Administration or by anybody else. It is9 not directed at a specific area or bike10 lane. In our opinion, those of us who11 introduced it, it's about being12 consistent. City Council regulates13 traffic flow, including things like14 directions of traffic, parking regs,15 truck regulations. Some of that you saw16 here today.17 Simply what I think is the18 appropriate thing to be done, from now on19 if a bike lane is established, a bill20 would be introduced. There would be21 testimony offered by the appropriate22 Administration person, like was done23 today on many bills, and then people24 could come and either offer pro or con25 110 6/2/11 - STREETS - BILL 090746, ETC.1 testimony.2 I hear all the time about3 transparency, about open government, open4 process. That's what we're doing here5 today. That's what I see a bike -- this6 bill doing. I don't see anything else.7 There's no other hidden agenda. There's8 no other thing involved. And I know9 we've all gotten e-mails. We've gotten10 the phone calls that, with all due11 respect, border on hysteria at times, and12 just want to get on record what this is13 about. To me, it's simply being14 consistent.15 Thank you, Mr. Chairman.16 COUNCILMAN DiCICCO: I just17 would like to concur with those comments.18 I've been getting obviously the same19 e-mails, because I co-sponsored the bill.20 I think it's important to point out that21 I think one of the first bike lanes that22 we did, officially did, a dedicated bike23 lane, that is on Pine Street, Pine and24 Spruce on the east side of Broad, which I25 111 6/2/11 - STREETS - BILL 090746, ETC.1 represent, and despite a lot of community2 opposition or some community opposition,3 I thought it was worthwhile to at least4 try and see if it would work, and it did,5 and now, as you know, it's permanent.6 I'm a process guy. It takes a7 little bit of time, sometimes more time8 than I would even like, but before things9 are changed or made to be different, I10 always believe that people who will be11 impacted by it should have an opportunity12 to be heard.13 More recently, the City has14 proposed bike lanes on 13th Street and15 10th Street from, I believe it's, Race to16 Spruce. Yes?17 DEPUTY
Close.18 COUNCILMAN DiCICCO: In any19 event, when word got out that that was20 being proposed, my office immediately21 began receiving calls from people who22 were concerned about change. Not unlike23 when you change the direction of a24 street, if you strike a street or if you25 112 6/2/11 - STREETS - BILL 090746, ETC.1 for some reason decide that no more2 traffic will be allowed on the street,3 there's an impact, and people react. And4 in this instance, we got -- most of the5 reaction I got was negative from people6 who live and operate businesses in7 Chinatown and the Jefferson Hospital8 folks. I am not concurring with their9 opposition, but I do understand their10 concern, and they would like to -- they11 wanted some answers to their question.12 I understand meetings have been13 held, I am told. I was not aware, but14 there were some meetings that were held15 with the residents in Chinatown and maybe16 even Jefferson Hospital. But when it17 gets out in a public way and without18 enough public advanced notice, people19 react, and they generally react in a20 negative way.21 So this legislation that was22 presented to me by Councilman Greenlee23 said shouldn't we at least know in24 advance before these decisions or25 113 6/2/11 - STREETS - BILL 090746, ETC.1 proposals are being made.2 So I'm a bike lane advocate. I3 can't wait for them to redo 11th Street4 and strike South 11th Street. So we're5 not anti-bike people, contrary to what6 some people may believe or maybe the way7 you read or interpreted the legislation8 to be. But it's all about a process.9 With that, good afternoon,10 Ms. Cutler.11 DEPUTY
Good12 afternoon, Chairman DiCicco, members of13 the Committee on Streets and Services. S. 1 all trips to work north and south of2 Center City occur on a bike. This is up3 more than 100 percent since the year4 2000. 8 Philadelphia currently has more9 than 200 miles of bike lanes, most of10 which were installed in the 1990s. In11 the last two years, the City has12 installed only an additional six miles of13 new lanes. These lanes have been14 installed where bicycling volumes are the15 highest. 20 In each instance, the lanes21 were installed in consultation with22 District Councilmembers and their staff,23 civic groups and business groups. 5 In the case of Spruce and Pine6 Street, where a vehicle lane was7 converted to a bicycle lane, a pilot8 program was conducted that included9 significant public input and data10 collection to measure the impact of the11 lane on motor vehicle traffic. During12 the pilot period, we found that the13 streets continued to carry the same14 volume of motor vehicles and that the15 median speed of drivers was no more than16 two miles an hour faster or slower. The17 length of queued vehicles at18 intersections likewise remained19 approximately the same. However, the20 speed of the faster vehicles were21 reduced, making the streets safer and22 calmer. 1 and curtailed aggressive driving2 behavior. The City's Chief of Emergency3 Medical Services reports that the bike4 lanes on Spruce and Pine Streets have5 helped emergency vehicles when the6 streets are congested, because drivers7 are more aware of where the ambulance is8 coming from. The City recently received9 the first full year of crash data10 following installation of the lanes on11 Spruce and Pine and were extremely12 heartened to find that serious motor13 vehicle crashes, those in which a victim14 is sent to the hospital, on the two15 streets declined 45 percent compared to16 2008. 18 We heard two things from the19 public following our announcement to make20 the Spruce and Pine lanes permanent after21 a successful pilot program. 3 The first was a public4 amplification of the concerns that have5 been expressed by Councilmembers as well6 as the public. " Bike-mounted15 officers will be patrolling Center City16 for the next six months to encourage good17 behavior from all road users and to18 distribute educational materials, as well19 as issue warnings or citations when20 warranted. In the first two weeks of the21 program, 177 stops for reckless cycling22 have been made and tickets issued to23 motor vehicles as well. 3 As my office and the Streets4 Department embarked on a pilot program5 for north-south streets, we conducted6 extensive analysis to identify the most7 appropriate streets. The objective is to8 build a network of lanes that pulls bikes9 off other streets and sidewalks and makes10 travel better for everyone. The factors11 considered in the selection of streets12 included traffic volumes, streets had to13 have sufficient capacity to permit14 removal of a travel lane; conflicts with15 buses eliminated 3rd, 4th, 7th, 8th, 11th16 and 12th Streets east of Broad and 16th,17 17th, 19th, 20th and 23rd Streets west of18 Broad; connectivity to jobs and19 residential areas, streets had to connect20 to common bicycle destinations,21 specifically Center City employment22 corridors, South Philadelphia and Temple23 University. 1 When 10th and 13th Streets were2 identified, we presented them to leaders3 of every local civic association and4 every District Council staff person. We5 held a public meeting at Jefferson6 University, which was attended by nearly7 80 citizens. Since then, I have received8 103 non-form letters. Ninety-six of9 those are in support of the pilot10 program, seven are opposed, mostly11 complaining about the behavior of12 cyclists. At the meeting we heard13 additional concerns from Jefferson14 University Hospital, had an additional15 meeting, and those concerns have been16 addressed to their satisfaction.
The17 same is true for meetings with the18 Chinatown Development Corporation to19 address additional concerns from20 Chinatown businesses. 13 The Streets Department is also14 planning to install a bicycle lane on15 Fairmount Avenue from Broad Street to16 Pennsylvania Avenue. This lane would be17 a standard bike lane such as what is18 already installed on Spring Garden19 Street. 1 Neighborhood Development Corporation. 6 Council and community input7 into Streets Department's decisions are8 important and something both my office9 and the Streets Department take10 seriously. Under current law, the11 Streets Department does not seek a12 Council ordinance to make any changes to13 traffic flow other than to change the14 direction of a street. Council can by15 ordinance require the Streets Department16 to take actions, as it does with some17 regularity. 21 This system serves the public well and22 allows for efficient administration of23 programs. 11 My office and the Streets12 Department, as always, look forward to13 working with you to address any of your14 specific concerns. I am respectfully15 requesting that this bill be held in16 Committee pending further consideration17 so we can work out whatever problem the18 legislation is indeed trying to fix. 8
Thank9 you, Mr. Chairman.10 Good afternoon, Ms. Cutler.11 DEPUTY
Let me14 just say most of your testimony I have no15 disagreement with, and I respectfully say16 it really doesn't even address the bill.17 As I said in the beginning, this bill is18 not anti-bike or anti-bike lane or19 criticizing what has been done before.20 I guess a couple of questions I21 would have. I know you say in here that22 the current system -- under current law,23 the Streets Department does not seek a24 Council ordinance to make any changes to25 124 6/2/11 - STREETS - BILL 090746, ETC.1 traffic flow, other than direction. I2 mean, we had bills dealing today with3 truck traffic, right, regulating truck4 traffic? We regulate parking5 regulations, which obviously could affect6 traffic flow depending on where they are.7 So, I mean, there are other things, other8 than just --9 DEPUTY
Those are10 all parking regulations, Councilman, not11 traffic regulations.12
No. We13 do "no through truck" regulations,14 correct?15 DEPUTY
-- no24 truck parking or no truck through25 125 6/2/11 - STREETS - BILL 090746, ETC.1 traffic.2
I think3 it was no truck -- but whether we did it4 today or not, we do regulate no through5 truck traffic. I don't know if we -- I6 think something we did today was, but...7 DEPUTY
I'm8 sorry, Charlie. Would you introduce9 yourself for the record and answer that10 question.11
Charlie Denny,12 Assistant Chief Traffic Engineer.13 There's been no ordinance14 process done for no through truck15 regulation in probably 20 years. Most of16 the studies done follow PennDOT17 regulations under the PennDOT law, which18 specify where you can or cannot do a19 truck prohibition, and the City follows20 those regulations, and in the few places21 where we have installed them, we've22 installed them under those regulations23 and they are covered by those24 regulations.25 126 6/2/11 - STREETS - BILL 090746, ETC.1 The Vehicle Code specifies2 certain areas where the local government3 can regulate traffic control, and that is4 in parking conditions and in one-way5 direction of traffic, but everything we6 do, we follow PennDOT regulations.7
But the8 point I was trying to make is, some9 things require legislation. That's the10 point I was trying to make. And you say11 a bike lane may make pilot programs12 non-compliant with the Code. Could you13 explain that? I don't understand that.14 DEPUTY
If we17 seek an ordinance for each new bike lane,18 it may make pilot programs non-compliant19 with the Code.20 DEPUTY
Right.21 Depending on how the ordinance is22 written, it may make pilot programs23 non-compliant.24
You mean25 127 6/2/11 - STREETS - BILL 090746, ETC.1 present pilot programs, ones that are2 pilots right now?3 DEPUTY
Not ones4 that are underway today, but the ones5 that will happen in the future before a6 permanent bike lane is established.7
Well,8 don't we do pilot programs on direction9 of traffic?10 COUNCILMAN DiCICCO: Street11 changes.12
That's done on a15 trial and that's done before an ordinance16 process. That's --17
One of the problems20 we would have is, a lot of times we21 receive resurfacing lists from22 Pennsylvania Department of Transportation23 in the fall for next year's construction24 work and we have a limited timeline to25 128 6/2/11 - STREETS - BILL 090746, ETC.1 come up with paper-marking plans for2 those projects. If we are going to add3 or make changes to any of the streets4 involved, we have a very short time5 window to make those changes, get the6 plans to PennDOT, and if we want to add7 bike lanes to any of those streets that8 are being resurfaced the following9 spring, we have to make a fairly quick10 decision, and the ordinance process11 generally is not a fairly quick process.12 COUNCILMAN DiCICCO: Isn't that13 what we did on Pine and Spruce? We did14 the pilot because we wanted to see how it15 worked before we did the repaving.16 DEPUTY
We did.17 We knew in advance when the paving for18 those streets were and, in fact,19 postponed it in order to do the pilot.20 As you recall, when we first did Pine and21 Spruce, the road condition was terrible.22 COUNCILMAN DiCICCO: Yeah. I23 didn't know you postponed it. I remember24 we were trying to get the timing, so why25 129 6/2/11 - STREETS - BILL 090746, ETC.1 stripe it -- I mean repave it after --2 DEPUTY
Want to3 do it all at the same time. Remember4 that many of the streets in Center City5 are actually owned by the state, not by6 the City.7
Ninety percent of8 the bike lanes we've installed, the over9 200 miles in the past two decades, have10 not reduced the number of travel lanes.11 We've taken a 14-foot lane or a12 40-foot-wide roadway, we've divided it up13 into seven-foot parking lanes, five-foot14 bike lanes and ten-foot travel lanes.15 It's only recently that we have started16 looking at reducing -- taking a lane away17 to provide it for a bike lane. But the18 vast majority of where we've installed19 bike lanes, we have not reduced the20 number of travel lanes and we've not21 reduced the capacity of the roadway below22 the demand of the roadway. We're always23 very careful to look at that to see if24 that's a possibility before we would25 130 6/2/11 - STREETS - BILL 090746, ETC.1 proceed.2 DEPUTY
So3 perhaps there needs to be a distinction4 as it relates to the kind of bike lanes5 we're talking about here, because for6 ones that don't reduce a travel lane and7 don't take any parking off, there's a lot8 of those. The very first ones we've9 taken a traffic lane and were careful to10 leave the parking lane were in fact Pine11 and Spruce. So those are different kinds12 of bike lanes.13
No. I14 understand. I understand. Isn't it15 oftentimes -- I mean, oftentimes16 ordinances are put in and have hearings17 relatively quickly, right? We do that18 all the time. It's introduced --19 DEPUTY
This bill22 was introduced on May 26th, by the way.23 DEPUTY
It24 depends whose priorities they are, sir.25 131 6/2/11 - STREETS - BILL 090746, ETC.1
That's2 true, but it sometimes depends on the3 Administration priorities too, correct?4 DEPUTY
It does5 indeed.6 COUNCILMAN DiCICCO: Either the7 Chair or Streets and Services is. I8 don't know who the next one is. You'd9 better get them all in right now before10 December 31st.11
By the12 way, there are other bills that are being13 heard today that were also introduced on14 May 26th. So it's not --15 DEPUTY
I think18 that's just a matter of people working19 together.20 DEPUTY
Not all23 the time. I mean, that's one of the24 things, but that's not all the time. You25 132 6/2/11 - STREETS - BILL 090746, ETC.1 know, it's about working -- I guess2 working together. That's all it's about3 and --4 DEPUTY
Right.5 We cannot imagine a scenario where we6 would put a bike lane in a7 Councilperson's district and not have8 talked to them before we ever talked to a9 community organization.10 COUNCILMAN DiCICCO: The11 question is, would you still put it in12 even if the Councilperson objected to it?13 DEPUTY
We would14 not.15 COUNCILMAN DiCICCO: Put that16 on the record now.17 DEPUTY
But I20 guess that gets into the whole permanent21 structure kind of thing. I mean, that's22 your policy now, and I'm not saying23 that's not the policy. It might not be24 the policy down the road, and certainly25 133 6/2/11 - STREETS - BILL 090746, ETC.1 it might not be the policy down the road2 somewhere when there's a new3 Administration or new people. I think4 one of the ideas behind this was to make5 sort of a permanent procedure of this and6 have people be able to come in and say7 yea or nay or give their opinion yea or8 nay on a particular bike lane.9 I guess I still don't see where10 this bill would really cause the problem11 here. First of all, you don't even raise12 problems until the last couple13 paragraphs. Other than that, you just14 kind of give a history of what has been15 done, and I don't disagree with that. I16 just don't see where it's causing a17 problem that you say it is. And, again,18 to talk about open government and19 transparency, that's what we got here.20 So what's wrong -- I guess I don't see21 what's wrong with it, you know. I go22 back to what I said in my opening23 statement.24 DEPUTY
I'm not25 134 6/2/11 - STREETS - BILL 090746, ETC.1 sure that there is a problem in fact that2 needs solving. So that is obviously just3 my perspective. Obviously we hold public4 meetings for every one of these, multiple5 public meetings. So whether they're held6 here or in the community is probably one7 of the items I'd be happy to discuss, but8 I'm not sure that there is a problem that9 the legislation solves.10
I don't11 know if there's one that this causes12 either, but okay.13 COUNCILMAN DiCICCO: Councilman14 Green.15
I, frankly,16 began this hearing and am still unsure17 where I stand on this bill, and I just18 want to clarify a few things for my own19 information.20 Today, before this bill is21 passed -- and I don't mean the public22 meetings or other things -- what is the23 legal process by which the City goes24 through to create a bike lane?25 135 6/2/11 - STREETS - BILL 090746, ETC.1
The Streets5 Department, the Traffic Engineering6 Division primarily. We look at the7 street in particular. We decide -- look8 at what the limits are, what the parking9 conditions are, the directions, and we10 determine how to divide up that roadway11 into travel lanes. Some are two-way12 streets, they're narrow, there's no room13 for bike lanes. We make a determination14 that we can't put bike lanes, some like15 the 40-foot --16
So let's17 find a street like Pine where we decided18 to put a bike lane. What legally did the19 Department do on a dedicated City street20 to create a bike lane?21
We mark the street22 according to engineering judgment. The23 parking conditions were already set. The24 direction of the street was already set25 136 6/2/11 - STREETS - BILL 090746, ETC.1 legally.2
So the3 question is, under what legal authority4 does the Streets Department have to5 unilaterally take a dedicated City street6 and make it illegal for a car to be in a7 lane on a dedicated City street?8
The Vehicle Code of13 the State of Pennsylvania requires local14 municipalities work under the regulations15 of the State of Pennsylvania, PennDOT,16 and the Traffic Code also sets limits --17
So let's18 stay with the state. So what's the legal19 process by -- so basically the State of20 Pennsylvania has given the City of21 Philadelphia the authority to create bike22 lanes?23
To mark25 137 6/2/11 - STREETS - BILL 090746, ETC.1 streets.2