Committee Hearing, February 5, 2003

COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING COMMITTEE ON STREETS AND SERVICES - - - Room 696, City Hall Philadelphia, Pennsylvania Wednesday, February 5, 2003 10:20 a.m. - - - BILLS 020437, 020762, 020763, 020815, 020822, 020825, 030011 (Titles of the Bills in entirety are contained herein.) - - - PRESENT: COUNCILMAN FRANK DICICCO, Chairman COUNCILMAN DARRELL CLARKE COUNCILMAN DAVID COHEN COUNCILMAN W. WILSON GOODE COUNCILWOMAN DONNA REED-MILLER COUNCILMAN ANGEL ORTIZ COUNCILMAN FRANK RIZZO - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 (215) 561-2220 I N D E X BILL 030011 PAGE WILLIAM MAUTZ, Streets Department ....... BILL 020825 WILLIAM MAUTZ, Streets Department ....... MARTIN SOFFER, Planning Commission ...... BILL 020815 WILLIAM MAUTZ, Streets Department ....... JOEL FAGERSTRUM, Hahnemann Hospital ..... BILL 020822 WILLIAM MAUTZ, Streets Department ....... BILL 020762 WILLIAM MAUTZ, Streets Department ....... CHRISTOPHER W. BOYLE, ESQ., Cogent ...... JOHN PRUITT, Cogent ..................... 12 ERIC STONESIPHER, Cogent ................ BILL 020763 13 RICHARD DICKSON, Parking Authority ...... 20 DOMINIC CERMELE, Deputy Finance Director. 24 14 BILL 020437 ANN VERBER .............................. 52 15 CHARLES DENNY, Streets Dept. ............ 55 PAUL BONNIE, Society Hill Civic Assoc ... 62 16 COLLEN PUCKETT, Queen Village ........... 67 FRANCIS HEALEY, Police Dept. ............ 70 17 JOHN WALKER, Police Dept. ............... 70 PAUL LEVY, Central Phila. Dev. Corp. .... 79 3 2/5/03 - STREETS AND SERVICES - BILL 030011

Good morning. Welcome to the Committee on Streets and Services. This is a public hearing. To my far right is Councilman Rizzo, Councilman Clarke, Councilman Ortiz, and myself, the Chair of the Committee, Frank DiCicco. I think we have about seven Bills this morning. We will be taking Bill No. 030011 out of order. Councilwoman Miller has another appointment at o'clock, so we want to get her 11 Bill heard first. Clerk, read the title of the first Bill.

Bill 030011, authorizing Lawrence A. Goldfarb and Gerda Paumgarten of 630 West Cliveden Street, Philadelphia, PA 19119, owners of the property at 8605 Navajo Street, a.k.a. 310 Rex Avenue, to construct and maintain a privately-owned water main, storm water and sanitary sewers, and an electrical service conduit in the roadway of Rex Avenue and Navajo Street adjacent to the property of 8605 Navajo Street, a.k.a. 310 Rex Avenue; under certain terms and conditions.

Anyone to 4 2/5/03 - STREETS AND SERVICES - BILL 030011 testify? Please identify yourself for the record.

Good morning, Chairman and Members of the Committee. My name is William Mautz and I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 030011 on behalf of the Streets Department. This Bill authorizes Lawrence A. Goldfarb and Gerda Paumgarten of 603 West Cliveden Street, Philadelphia, PA 19119, owners of the property 8605 Navajo, also known at 310 Rex Avenue, to construct and maintain a privately-owned water main, storm water and sanitary sewers and electrical service conduit in the roadway of Rex Avenue and Navajo Street adjacent to the property 8605 Navajo. The privately-owned conduits run beneath Rex Avenue to Navajo Street, then into the property 8605 Navajo. The encroachment description is as follows: An electrical service four-inch diameter PVC conduit with electrical service cable. The approximate length of the 5 2/5/03 - STREETS AND SERVICES - BILL 030011 service line within the public right-of-way is 82 feet. A water line, one and three-quarter inch diameter copper service. The approximate length of the water service in the public right-of-way is 184 feet. A sanitary sewer, five-inch diameter cast iron pipe. The approximate length of the sanitary sewer in the public right-of-way is 203 feet. A storm water sewer, six-inch diameter cast iron pipe. The approximate length of the storm water sewer in the public right-of-way is 208 feet. The Streets Department has reviewed the construction plans for this project and has no objection to the passage of the Bill.

Thank you for your testimony. Any questions for this witness? Councilwoman Miller.

Good morning. I don't have any questions, actually; I just have a few comments. And that is that my office, staff 6 2/5/03 - STREETS AND SERVICES - BILL 020825 of my office, has been out to the property, looked around, has been in constant discussion with the Streets Department and the owners of the property, and we strongly support this Bill.

Thank you. Is there anyone else here who wishes to testify for or against this Bill? (No response.)

Do you have other Bills to testify on?

Yes.

Why don't we take your Bills -- retract that statement. Have a seat and we'll be with you shortly. The Clerk will read the title of the next Bill.

Bill No. 020825, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 27-S by striking from the City Plan and vacating Water Street from Jackson Street southwardly to its terminus; under certain terms and conditions.

Good morning, Mr. Chairman and Members of the Committee. My name is William 7 2/5/03 - STREETS AND SERVICES - BILL 020825 Mautz and I'm a construction engineer with the Streets Department. I would like to offer the following testimony on 020825: This is not an Administrative Ordinance, but an Ordinance requested by Mr. Elias Stein, Stein and Silverman, P.C., 230 South Broad Street, Philadelphia, PA 19102. The purpose of this Ordinance is to grant the legal authority to close Water Street to secure the adjacent property and to prevent loitering and short dumping. This Ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Good morning, Marty.

Good morning, Chairman, Members of the Streets and Services Committee. My name is Martin Soffer, City Planner, and I'm here to testify on behalf of the City Planning Commission. The proposed ordinance authorizes the striking from the City Plan and the vacating of a minor stub-end street located in a South Delaware waterfront section of South Philadelphia. This 8 2/5/03 - STREETS AND SERVICES - BILL 020815 action will permit the Stein and Silverstein family partnership to secure the property and alleviate the street from becoming a short dumping site, as well as a hang out for teenage loitering. The Planning Commission staff reviewed and tentatively approved this action on October 11, 2002. Thank you.

Any questions for these witnesses from the Committee? (No response.)

Anyone else here who wishes to testify for or against the Bill? (No response.)

Seeing none, the Clerk will read the title of the next Bill.

Bill No. 020815, an ordinance authorizing Tenet Health System, Hahnemann, LLC, owner of the property known as Hahnemann University Hospital, Broad and Vine Streets, Philadelphia, PA 19102, to construct, own and maintain 11 precast concrete planters with trees on the west footway of Broad Street, and 13 precast concrete planters with trees on 9 2/5/03 - STREETS AND SERVICES - BILL 020815 the south footway of Vine Street adjacent to the hospital property; all under certain terms and conditions.

Good morning, Chairman and Members of the Committee. My name is William Mautz and I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 020815 on behalf of the Streets Department. This Bill authorizes Tenet Health System, Hahnemann, LLC, owner of the property known as Hahnemann University Hospital, Broad and Vine Streets, Philadelphia, PA 19102 to construct, own and maintain 11 precast concrete planters with trees on the west footway of Broad Street, and 13 precast concrete planters with trees on the south footway of Vine Street adjacent to the hospital property. The encroachment description is as follows: 11 planters on Broad Street are 5 foot 6 square by 26 inches high. They are located 18 inches back from the west curb line of Broad Street, leaving 15 feet of clear, unobstructed footway. 10 2/5/03 - STREETS AND SERVICES - BILL 020815 13 planters on Vine Street are foot inches square and 26 inches high. They are 4 located 18 inches back from the south curb line of Vine Street, leaving eight feet clear of unobstructed footway. The Streets Department has reviewed the construction plans for this project and has no objection to the passage of the Bill. MR. FAGERSTRUM (ph): Good morning, Mr. Chairman and Committee Members. My name is Joel Fagerstrum, and I'm the Chief Operating Officer at Hahnemann University Hospital. Just to explain the project briefly to you, we've been planning for a number of months to beautify our exterior campus. We occupy an entire City block and this is part of that project. We also have some other plans for that, that will be coming later in another ordinance. We met with a number of people involved with this; Paul Levy from the Center City District, who is very supportive of this. We work very closely with Councilman Clarke's office. There will be a couple of street cart 11 2/5/03 - STREETS AND SERVICES - BILL 020822 vendors and a couple of newsstand vendors that will be affected by this and we've worked on arrangements that are acceptable to them as well.

Thank you. Any questions for these witnesses from the Committee? (No response.)

Anyone else here who wishes to testify for or against this Bill? (No response.)

Seeing none, the Clerk will read the title of the next Bill.

Bill No. 020822, an Ordinance authorizing the Business Association of West Parkside to construct, own, and maintain various encroachments on, under and over the footway portions of the public rights-of-way at the southwest corner of the intersection between Belmont Avenue and Parkside Avenue; all under certain terms and conditions.

Good morning, Chairman and Members of the Committee. My name is William Mautz and I'm a construction engineer with the Streets Department. I'm here to offer the 12 2/5/03 - STREETS AND SERVICES - BILL 020822 following testimony for Bill 020822 on behalf of the Streets Department. This Bill authorizes the Business Association of West Parkside to construct, own and maintain various encroachments on and over the footway portions of the public rights-of-way at the southwest corner of the intersection between Belmont Avenue and Parkside Avenue. The existing traffic island at the southwest corner of Belmont Avenue and Parkside Avenue will be modified to create the Negro League Baseball Memorial. The encroachment description is as follows: Statue with lighting. A seven-foot high bronze statue sitting atop a granite pedestal five feet square by four feet high. The statue is illuminated by four directional flood lights. Wall with lighting. A radial granite wall approximately 28 feet long by four feet high by 18 inches wide bearing the inscribed names of all of the league players. The wall is illuminated by four ground lights. Pedestrian light poles with conduit. 13 2/5/03 - STREETS AND SERVICES - BILL 020762 Seven pedestrian light poles 12 feet high that receive electrical service by a one-inch diameter underground conduit. Ground level lighting. Five ground level lights illuminating trees within the landscaped portion of the modified island. Lighted bollards. lighted 9 bollards located along the curb lines of Belmont 10 and Parkside Avenues. 11 The Streets Department has reviewed 12 the construction plans for this project and has 13 no objection to the passage of the Bill. 14

Thank you. 15 Any questions for this witness from 16 the Committee? 17 (No response.) 18

Anyone else here 19 who wishes to testify for or against the Bill? (No response.)

Seeing none, the Clerk will read the title of the next Bill.

Bill No. 020762, an Ordinance granting permission to Cogent Communications, Inc., its successors and assigns 14 2/5/03 - STREETS AND SERVICES - BILL 020762 to construct, maintain, operate, replace and remove telecommunications service connections and fiber cables in and under the public rights-of-way and City streets from existing legally constructed underground telecommunication lines to specific properties and within new conduit or within existing conduit of other entities holding a grant pursuant to other City Ordinance; all under certain terms and conditions.

Proceed with your testimony, please.

Good morning, Chairman, and Members of the Committee. My name is William Mautz and I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 020762 on behalf of the Streets Department. This Bill authorizes Cogent Communications, Inc., to construct and maintain telecommunications service connections and fiber optic cables from existing legally constructed underground telecommunication lines to specific properties and within new conduit or existing 15 2/5/03 - STREETS AND SERVICES - BILL 020762 conduit. Cogent proposes to install underground telecommunication laterals to 5 properties in the Center City and University City 6 area. The laterals will connect to existing legal 7 telecommunication backbones. 8 The Streets Department has reviewed 9 the proposed build-out routes for this project 10 and has no objection to the passage of the Bill. 11

Thank you. 12 Any questions or comments? 13 Councilman Clarke. 14

Thank you, Mr. 15 Chairman. Mr. Chairman, as I said earlier, this 16 particular Bill will require an Amendment at some 17 time. But in order to move the process along, 18 we're going to vote it out of Committee, 19 hopefully. And there is some issues with respect 20 to route descriptions for intended 21 telecommunications services and connections as it 22 relates to the Bill, but that amendment has not 23 been properly prepared yet. Also hopefully we 24 can just pass this out of the Committee and I'll 25 amend it on the second reading. 16 2/5/03 - STREETS AND SERVICES - BILL 020762

Thank you. Anyone else who wishes to testify for or against this bill? Good morning, please identify for the record and proceed with your testimony.

My name is Christopher W. Boyle. I'm with the law firm of Drinker, Biddle and Reed. I'm here on behalf of Cogent Communications and I've been working for the last several months with the Streets Department and Councilpersons' offices regarding the Bill. Today I'd just like to have two witnesses present short testimony. The first will be John Pruitt (ph), who is the fiber employment manager for the East Coast for Cogent, who will briefly describe the company and the project in Philadelphia. And also Mr. Eric Stonesipher (ph), who is a resident at 12th and Spruce and Cogent's local representative and responsible for the Philadelphia project.

Thank you. Gentlemen. I apologize for the accommodations, or lack of accommodations. MR PRUIT: Good morning, Mr. Chairman 17 2/5/03 - STREETS AND SERVICES - BILL 020762 and Councilmembers. My name is John Pruitt. I'm fiber employment manager for Cogent Communications for the East Coast region. Cogent Communications in the last three years has installed 600 buildings with a new high-speed fiber connection, equivalent to one gigabit service. Here in Philly we're proposing to do additional buildings to bring 10 new service from existing metro rings through new 11 laterals in the 25 properties. Thank you very 12 much. 13

Thank you. 14 Anyone else to testify? 15 Point of information, Councilman 16 Rizzo. 17

Will it make 18 e-mail faster? 19 MR. STONESIPHER (ph): Yes, it would. 20 It will make e-mail faster. My name is Eric 21 Stonesipher. I'm an account manager for 22 Philadelphia. I'd like to thank you for this 23 opportunity to testify as to why this service is 24 important for Philadelphia. 25 There's a technology that we offer in 18 2/5/03 - STREETS AND SERVICES - BILL 020762 what we call NFL cities, which is the major cities of the United States. Businesses, by offering this service, are able to become more technically viable in terms of how they communicate between offices. For example, video conferencing is enabled. Voice services become a lot less expensive and allows businesses to ultimately save money by a factor of four compared to what -- if they wanted a similar technology with existing services.

Thank you. Did one of the previous witnesses mention something about someone living at 12th and Spruce?

That's correct.

You're a resident?

Yes.

You're for this Bill?

Yes, I am.

I'm your Councilman.

Yes, I know. 19 2/5/03 - STREETS AND SERVICES - BILL 020763

This is going to pass today.

I'd also like to comment, it helps that I've seen your ad on Comcast. It's very good.

Don't forget about e-mail.

Thank you. Any other questions for any of these witnesses from the Committee? (No response.)

Anyone else here who wishes to testify for or against this Bill? (No response.)

Seeing none, the Clerk will read the title of the next Bill. Thank you for your testimony.

Bill 020763, an Ordinance 20 amending Title 12 of the Philadelphia Code, entitled "Traffic Code," to revise the penalties for certain parking violations; revise the fees for booting, towing and storage of certain immobilized and impounded vehicles; prohibit a vehicle owner from parking his or her vehicle on 20 2/5/03 - STREETS AND SERVICES - BILL 020763 a public highway without a valid certificate of inspection and provide the penalty for such a violation; and make certain technical changes; all under certain terms and conditions.

Good morning. Please identify yourself for the record and proceed with your testimony .

Good morning. I'm Richard Dickson, Director of On-Street Parking for the Philadelphia Parking Authority. Mr. Chairman and Members of the Committee, the City of Philadelphia last adjusted parking violation fines in 1991. In the dozen years that have passed since that time, economic development and increased commercial activity have increased the pressure and the demand for parking facilities throughout the City. As a result, we now have an imbalance between the cost of parking on the street and the cost of parking in a garage. You can park on the street and get a ticket for $15, which is normally much cheaper than parking all day in a parking facility. On-street parking is probably the most valuable resource that the City provides for 21 2/5/03 - STREETS AND SERVICES - BILL 020763 our businesses downtown. In order to effectively manage that parking, we create regulations that encourage turnover of those spaces. When someone monopolizes one of those spaces all day, that displaces four or five additional people that would have the opportunity to patronize local businesses. When you multiply that times or 9 100 spaces a day, that's a significant impact on 10 the ability of people to find adequate, convenient parking in the City. We have received over the years a number of requests to adjust particular parking violations. For example, SEPTA has been interested in increasing the fine for double parking and for those people parking in bus routes because it disrupts their service. We get numerous requests from residential groups to increase the fine for residential permit parking, because as it is now, it is much cheaper to pay a ticket, a $15 ticket, to park in a permit parking area in, say, Bella Vista or south of South Street or Spring Garden and walk into town, than it is to pay for parking in a garage. We have attempted in this Bill to 22 2/5/03 - STREETS AND SERVICES - BILL 020763 group the types of violations together and have similar types of fines for those that are of the same nature. For example, safety violations such as parking too close to a corner, blocking a crosswalk or no stopping regulations are adjusted to $35. Those for loading zone violations have been recommended to be adjusted to $25. And the normal standard parking meter overtime limit would be adjusted to $20. These adjustments are generally around $5 above where they are right now, but the impact on parking availability could be substantial. For every one of these spaces that we put back into circulation, that is a number of people who are then able to patronize our local businesses. Equally important, the incidents -- because people are displaced from legal parking spaces, they often can only resort to parking in safety violations. That increases travel time, increases congestion and, most dramatically, it could result in a loss of life when emergency vehicles can't respond to their destination in a reasonable amount of time. 23 2/5/03 - STREETS AND SERVICES - BILL 020763 I also would like to point out that there's no increase in this Bill for the cost of parking legally in the City. The parking meter rates, which also have not been adjusted since 1991, will remain the same. We do not want to do anything that would increase the cost of those people that abide by the law. This only adjusts those penalties for those people who decide to violate the law. The two new violations that are included in this Bill, they prescribe penalties for those people who park on the streets with expired registrations or inspection stickers. This is an effort in cooperation with the other City agencies that are attempting to reduce auto insurance rates in the City. The Live Stop Program, which began back in July, has removed about 18,000 cars from the streets. But they're only able to stop vehicles that have engaged in some other violation.

Parking enforcement officers pass vehicles every day who are in violation of their registration or inspection requirements, primarily because in order to get those things, 24 2/5/03 - STREETS AND SERVICES - BILL 020763 they have to have their cars properly insured. If we create yet another incentive for them to abide by that law, in the long-term we believe we will be able help reduce insurance rates in the City as well. In summary, I think this Bill 8 modestly increases parking violation fines, but does significant -- goes a long way toward increasing parking opportunities and supporting economic development in the City. The Parking Authority recommends favorable consideration of the Bill.

Thank you, Mr. Dickson. Your Honor.

Good morning, Mr. Chairman and Members of the Committee. I'm Dominic Cermele, Deputy Finance Director of Philadelphia and Executive Director of the Office of Administrative Review. As Mr. Dickson pointed out, the last time we took a comprehensive look at the fine structure for parking violations was in 1991. And at that time we made a strategic decision to 25 2/5/03 - STREETS AND SERVICES - BILL 020763 align the fines so that the most egregious violations received the highest fine. Quite frankly, years later, it is time once again to 5 review that decision and be sure that our fine 6 structure remains so aligned. 7 Thus, last year we undertook a review 8 of our existing fines and compared them both to 9 off-street parking costs and equally importantly 10 to the fine structure of other major cities 11 around the United States. Our survey showed that 12 the fine structure for parking violations in the City of Philadelphia is consistently below the national average. And since the time that we did our survey a year ago, several of those cities have increased -- made substantial increases in their parking fines, so we are now substantially below. The Bill before you today seeks to address both the imbalance between parking fines and all-day garage parking rates, Mr. Dickson pointed out, but also the imbalance of our fine structure and the national average. We have taken care to maintain the strategic graduated fine structure that we put in place last time, 2/5/03 - STREETS AND SERVICES - BILL 020763 and we've kept all of their increases at a level that merely brings Philadelphia up to the national average. You will note in most cases the fines are proposed to increase by $5 and, in some cases, $10. We believe that these increases will deter violations and help improve parking in congested shopping areas. The result will be a more convenient, reasonable short-term parking for visitors and shoppers alike. This legislation also contains new violations prohibiting the parking of vehicles on the street that are not validly registered or inspected. In most cases, these vehicles are also uninsured and, many times, unsafe. So enforcing these provisions will enhance the City's very successful Live Stop Program. The Bill before you does support the aims of the City of Philadelphia. And on behalf of the Director of Finance, I recommend its favorable consideration.

A question for either of you. The fines for the registration and inspection will be how much? That's consistent to what the Police Department would be 27 2/5/03 - STREETS AND SERVICES - BILL 020763 issuing? Is it the same?

This is a parking violation, as opposed to a moving violation. It's $100 and I believe it is consistent with the similar moving violation.

It's actually just a little under, about $13 under.

Does the Parking Authority ever issue tickets for vehicles that are left on the street with "for sale" signs on them?

Yes. That was a parking violation that was added about two years ago, I believe at your request. And in those areas where we are requested by the community, we do issue those violations.

So it's fair to say that if they're issuing a ticket for the violation of selling a car on the street, in most cases that tag -- there's either no tag on that vehicle or there's a tag that belongs to some other car, so they would be getting more than one ticket?

That's correct. 28 2/5/03 - STREETS AND SERVICES - BILL 020763

My other question is, I still observe in many locations in my district, in particular in Chinatown, even some places on South Broad Street, where vendors are selling their products from the van that is parked all day. Apparently they're feeding the meter. Many times I notice that the violation flag is up, but if they see an enforcement officer, then they proceed to feed the meter again. What are we doing about that?

That is a chronic problem and it's a nightmare for parking enforcement officers. What we have recommended and what we have, in cooperation with the Department of Licenses and Inspection, instituted in a number of locations is that vendors must apply and pay for a reserved vendor parking space. At that location that the meter is removed, they pay a $3,000 per year fee to the City in order to get a reserved space there. At the same time, they are prohibited from parking additional vehicles at or near their vendor vehicle. For example, if there's a truck there that they vend from, they often park their car 29 2/5/03 - STREETS AND SERVICES - BILL 020763 next to it from which they restock supplies. When that is implemented, they are prohibited from doing that. And there's an additional parking fine that would be given to the support vehicle in order to open up that space as well.

Is there a limit on the number of these licenses that would be granted on a particular block?

That is determined by the Department of Licenses and Inspections, and they generally do that in cooperation with the community in which the vendor located. For example, the University of Pennsylvania, they established a number of these vendor sites in order to bring some semblance of order out of what was a chaotic situation. I believe that they try to work through the District Councilperson's office when they get requests for these in order to determine the number and the location.

Thank you. Any questions? Councilman Ortiz.

How much money is 30 2/5/03 - STREETS AND SERVICES - BILL 020763 going to be generated by the new fines?

Our estimate is it will be somewhere between and $8 million per year. 5

This will bring 6 your total up to what?

Total collected by the Authority?

Yes.

We expect this year we'll collect about $42 million in parking ticket revenue. So this will add -- probably in the first year, it will be an additional 6 million, and when fully implemented, between 8 and 9 million.

What is the current parking rate in garages in Center City?

It varies depending on how close you are to the core of Center City. Most of the facilities in the area, for example between Race and Locust, like 13th to 18th, are well over $20 for a full day. Many of them $25 and above.

Do the private garages differ from the Parking Authority 31 2/5/03 - STREETS AND SERVICES - BILL 020763 garages?

Yes. The Authority's garages try to structure their rates so that they -- we attract short-term shoppers as opposed to long-term parkers that the private facilities tend to attract.

So what's the average today in terms of Center City garage parking?

I don't want to give you incorrect information, but I would estimate that it probably ranges between $17 and $25 in Center City. I can't tell you the average because I haven't calculated it. In the last couple days --

So, $20 dollars, something like that?

Yes.

For full day parking?

Yes.

Let the record reflect that Councilman Cohen is in attendance today as well. 32 2/5/03 - STREETS AND SERVICES - BILL 020763 Councilman Clarke.

Thank you, Mr. Chairman. Mr. Chairman, I was actually going to ask a couple questions along the lines of Councilman Ortiz. Kind of the other side of the coin, no pun intended, with respect to our parking rates, particularly in Center City. As you know, both Councilman DiCicco and myself are District Councilpeople who represent Center City. And one of the biggest concerns that we hear raised at various forums, both for those people who live in Center City and people that visit Center City, is the high cost of parking at facilities in Center City. And as a result of that, at earlier community meetings, we had asked for the individuals relating to parking to look at the possibility of reducing some of the fees or the cost of parking in Center City. While I personally encourage any activities that will discourage illegal parking and parking beyond the time allowed on the meter, which this particular Bill will do, I don't want 33 2/5/03 - STREETS AND SERVICES - BILL 020763 to do it to ensure that the parking facilities and parking garages and lots are more competitive with the parking meters, given the -- in some instances, the extremely high cost of parking. So I'm hoping we're not doing that to make them more competitive with the parking meters, as was kind of part of the earlier testimony, that it's cheaper to park at a meter than it is to go in the lot. That's factual, but that shouldn't be the primary intent. I would hope that we're looking seriously at figuring out a way to bring down the cost of parking in these particular parking facilities, to encourage people to use them, as opposed to just simply increasing the fees associated with parking at meters. Are we doing anything as it relates to that on a systematic basis? I know that's a big concern for myself personally, if I ever have to bring my private vehicle into Center City and park.

Parking -- private parking facilities work like many other businesses in the world. It works on supply and demand. We are some -- particularly in Center 34 2/5/03 - STREETS AND SERVICES - BILL 020763 City, this is a result of our own success. Increased demand for parking has driven up parking rates throughout Center City. I know that there have been efforts by the Center City District and others to try to make people aware of where there are different parking rates at different times of the day, to encourage people to take advantage of different parking options, because some of the facilities are full during the day, but they're empty at night. I think if you begin to get information out to try to let people know that there are cheaper rates at night and some of the -- they begin to build up some revenue from them, that may have an impact on their ability to drive down rates during the day. So I think that there are a number of people that are working on trying to at least get information out to people so that they know what their parking options are. And in that way, they can make informed decisions about where they want to park.

Was the Parking Authority a part of that discussion?

We're a part of that 35 2/5/03 - STREETS AND SERVICES - BILL 020763 discussion to the extent that our facilities also -- the rates for our facilities also need to be part of that equation. We think that the way we structure rates helps to put pressure on private facilities also to control the rates. Because if ours are substantially lower than theirs, then they are not inclined to increase them because the competition then -- they're at a competitive disadvantage. So we try to work with them in trying to put some pressure on it to stabilize rates through our own facilities, and at the same time work with various parking groups in order to let people know what their various parking option are.

On average, what did you say is the percentage terms of being lower than the private facility? Is it substantial or is it marginal?

It depends on what the facility is and what time of day and how much time you're going to spend there. Our facilities generally are substantially less expensive for short-term parking. Our facilities are generally located in those areas where shopping is the 36 2/5/03 - STREETS AND SERVICES - BILL 020763 primary generator, for example, near the Gallery, near Independence Mall and those areas. So it's substantially less for short term parking. I don't have the information here to compare the all day rates. I know it's less, but I just don't have that available. I can certainly provide that to you.

Well, if your intention, particularly on a short-term basis, is to encourage private operators to be competitive with the Parking Authority, therefore, you're lowering your rates, would it make sense to possibly look at the possibility of having more competitive rates on a longer-term basis to hopefully encourage them to reduce the cost associated with their long-term rates?

We would be happy to work with this Committee and Members of this Committee to try to -- and people in the Center City District to try to come up with a comprehensive strategy of how to address that. I think that we need to take all of those issues together in order for it to be effective.

Thank you. 37 2/5/03 - STREETS AND SERVICES - BILL 020763 Thank you, Mr. Chairman.

Thank you. Councilman Rizzo.

Thank you, Mr. Chairman. I'm glad there's an interest in this issue of parking rates. And anticipating that there might be a reaction from the private sector in reference -- as a result of this legislation, I'm working presently with the City Solicitor's Office to see what's appropriate, what's not appropriate in the area of regulation. We regulate cab fares, am I right? I believe the Parking Authority is going to take over some of the responsibilities of the Public Utility Commission relative to cabs. So being sensitive to the fact that there is no -- I don't like to use the word control or oversight of these parking lots when it come to their rates. I plan to introduce appropriate legislation in the very near future to address this particular issue. So I'm sure the Law Department will be meeting with or suggesting meetings with the Parking Authority to discuss this issue with the private sector to see what exactly they can do, what they can't do. 38 2/5/03 - STREETS AND SERVICES - BILL 020763 I know -- I believe it was Councilman DiCicco or Kenney, correct me if I'm wrong, that even had some input on stopping the gouging that was occurring at sports events where it was kind of like -- somebody mentioned it, and buyer beware, that there were parking lots charging $50 to park during the Super Bowl, if you have $50 to park. That's just an example of some of the --

Is that San Diego or here?

I'm talking about the play-off games. Well wishing, right? I would have paid $50 to park if there was a Super Bowl here. So the regulation -- to see exactly what we can do and what we can't do is my first step in the area of the prices that are charged to park in some of these private lots. And I'm sure that it will affect any legislation and would also affect the Parking Authority at the airport and other locations throughout the City. Thank you, Mr. Chairman.

Thank you. Any other questions for this witness? 39 2/5/03 - STREETS AND SERVICES - BILL 020763 Councilman Cohen.

I find the mystery about parking rates and the Parking Authority quite intriguing, because I've never understood it. First, are you now a city agency or a state agency?

That's a good question. We are a state agency in the minds of the state legislature and the governing board of the Parking Authority. I understand that the City has pending legal action to challenge that. The status of which, I don't know. As of now we're operating as a state agency.

And who -- let's assume theoretically, because I know nobody's interested in just earning a lot of money for the Parking Authority, but who would benefit from an increase, State or the City? And please tell me why, whatever your answer may be, Mr. Cermele, this is the biggest puzzle I've ever had to face. We respect you very much, but I'm very concerned about many things that I don't understand about parking.

It is the position of 40 2/5/03 - STREETS AND SERVICES - BILL 020763 the City of Philadelphia that the Parking Authority is an agent for the City of Philadelphia, enforcing and collecting parking violations that occur within our -- borders of our municipal corporation, and they are our agent, both pursuant to law and pursuant to an inter-governmental cooperative agreement, which is still existing. Therefore, it is the City's position, that under that agreement, the net revenues belong to the City of Philadelphia.

Well, it's the City position. Is the City getting the money now?

Yes. Yes, Councilman. Until the litigation resolves -- clarifies the issue, the City gets the net revenue. Should the Authority prevail, the net revenue would go to the School District of Philadelphia. Under no 20 scenario would it go to the State. It would either go to the City's General Fund or to the fund of the School District of Philadelphia.

Why would it go to the fund of the School District of Philadelphia, if it did not go to the General Fund? 41 2/5/03 - STREETS AND SERVICES - BILL 020763

Because the way the legislation creating the new governing structure of the Authority was structured, that it mandated that all net revenue go to the School District of Philadelphia.

But, of course, if that legislation is effective, the legislature could, at o'clock on a Tuesday night, change 10 it and put the money somewhere else if the City 11 lost the case, right?

They are legal questions I'm not qualified to answer.

Who initiated the legislation that's before us?

This is --

On this Bill, is it the City that's presenting it, or is it the new Authority control that's presenting it?

This is an Administration Bill.

This is an Administration Bill from the City?

Yes, sir.

So the City is 42 2/5/03 - STREETS AND SERVICES - BILL 020763 pretty confident then, that it's going to get the money and win the case?

Yes, sir. We want the money.

We want the money and we want to win the case. Well, that's refreshing to hear. On general theory, do we want people to come and park, or do we try to keep people out of Center City with their cars? What is our aim?

We want to people to come and park. And we believe by enacting this legislation, we're increasing parking opportunities because we're preventing those people that monopolize a space all day from keeping it, and allowing four or five additional people also to have access to our local businesses.

Do high parking rates encourage people to come to the City, or do they deter them?

We are not doing anything to increase parking rates here. There is nothing in here that increases parking meter fees 43 2/5/03 - STREETS AND SERVICES - BILL 020763 or any other fee for parking legally in the City. This only increases the fine for those people who violate the law.

Would you say it's neutral with respect to deterring people or inviting them in?

No. We think this is positive, because if people come in and can't find a parking space, they can only have a few options. They circle the block forever and ever until a space opens up on the street; they go into a garage where the price is higher or they park illegally in one of those safety zones, which creates other kinds of issues, or they leave and go out and park at the parking mall. We think by opening up additional parking opportunities in Center City we encourage -- we make it friendlier for people to find a convenient, reasonably priced space on the street.

Will the Parking Authority control what happens to the additional money that comes in, or will the money go into the General Fund, assuming the City wins the 44 2/5/03 - STREETS AND SERVICES - BILL 020763 case?

We have no control over that. That is determined -- right now, it will continue to go in the General Fund, if the City prevails.

That's assuming, Mr. Cohen, that the Parking Authority controls their cost. They do have the ability to hand out their expenses first.

Well, of course. But we don't know whether we're talking City or State at this stage of the game when we talk about Parking Authority. Parking Authority also does other things than run garages. It invests money. For example, 8th and Market, what we call the hole. How much money has the Parking --

It's filled in now. It's no longer a hole.

What is it, now?

It's a surface parking lot.

How much money did the Parking Authority invest in that?

I'm not qualified to 45 2/5/03 - STREETS AND SERVICES - BILL 020763 respond to that. That's not my area of responsibility and I'm sorry --

Is there any anybody who knows?

I would be happy to find out for you.

I would appreciate that. And I would like to know, was it General Fund money or was it Parking Authority money? And is there such a thing as Parking Authority money? Assume when the City had clear control, did the Parking Authority have separate income, separate from the General Fund, or did you get all your money from the General Fund? How does the money circulate? It goes from the customer into, say, the Parking Authority meters. What happens to the money at that point?

There are essentially three revenue streams that the Parking Authority manages on behalf of the City. One is their core business, their former core business, which is Center City parking garages and lots. So that is one revenue stream. The net from that would go to the City, but there's generally not much of a 46 2/5/03 - STREETS AND SERVICES - BILL 020763 net from that because there are bonds that need to be paid off. The other revenue stream is the airport parking, but all of the funds from airport parking, which are considerable, go to the Aviation Fund under federal law. And finally, there's an intergovernmental cooperative agreement relative to on-street parking. And all -- that is a Municipal function, and all that net revenue should come to the City of Philadelphia. We can report to you through the Finance Director how much revenue we have received this year and compare it to prior years.

But does the Parking Authority as such have its own funding arrangement? Or do you get funded?

No, they do not get funded by the City of Philadelphia. They operate by collecting all the money, netting out their expenses --

From the collections?

-- and then paying the 47 2/5/03 - STREETS AND SERVICES - BILL 020763 net revenue to the City.

Recently there was a newspaper article which dealt with an alleged increase of employees in the Parking Authority following the state alleged takeover. Assuming that the State were to win the case, it would be a takeover, whatever that might be mean. Now, was that a false story or is it a true story? Can you tell us what you know about those facts? Has there been an increase in the number of employees?

Yes. That is directly related to the Authority's assuming responsibility at the request of the City to take off Live Stop operations that began last July. As a result of that, we've taken 18,000 illegal cars off the street. We needed tow truck operators, impoundment lots, lot officers to secure the cars and those kinds of activities. And that was the primary reason for increase in the Authority's staff.

Well, what do you mean by primary increase? Was there an increase for other reasons, too? 48 2/5/03 - STREETS AND SERVICES - BILL 020763

There were vacant positions that had been filled and there were the support functions that were needed for -- to work to also support that operation.

Look, I don't want to embarrass anybody and I don't want to get involved in the intricate political theories that are rampant in the City around the takeover by the State, but just tell me, was it at the City initiative that all of these increases in personnel took place?

The City requested that we run the live -- the impoundment portion of the Live Stop Program.

How many employees would that have involved, additional employees?

Probably 175, about.

The newspaper article said 200. That's pretty close in range.

That's what I said. The primary number of people was related to the Live Stop operation.

I will tell you that the Finance Director has written to the Authority 49 2/5/03 - STREETS AND SERVICES - BILL 020763 and has asked for an accounting in those areas. And once we receive that, I'm sure that you will be willing to share that information with Council.

It's always suspicious, of course, whenever any Mayor says the City needs more revenue, we're in trouble, and suddenly increases in rates are requested by various City agencies. We often think of those as being potential hidden ways of increasing either taxes or fees. And since parking rates affect working people, often low-income working people, as well as well-off working people or median-income people, we're sensitive on that score. To what extent is this increase in the fines aimed at merely securing additional money to meet general needs of the City, since the City itself will benefit from this increase? Right?

We presume.

We presume. We hope.

And hope. 50 2/5/03 - STREETS AND SERVICES - BILL 020763

Does one impact on the other?

We've actually been working on this a considerable period of time, more than a year. I can tell you our initial discussions between Mr. Dickson and myself were along the lines of good parking management, and not along the lines of revenue.

But it's on that basis that you're presenting this to us today?

Yes, sir.

All right. Thank you.

Thank you. Any other questions for these witnesses from the Committee? (No response.)

Anyone else here who wishes to testify for or against this Bill? (No response.)

Thank you, gentlemen. Seeing none, the Clerk will read the title of the next Bill. 51 2/5/03 - STREETS AND SERVICES - BILL 020437

Bill No. 020437, an ordinance amending Chapter 12-400 of the Philadelphia Code, entitled "Right-of-Way Regulations and Penalties," by increasing the penalty for violations of Section 12-407, which prohibits the operator of a vehicle from entering an intersection or crosswalk unless there is sufficient space beyond the intersection or crosswalk to accommodate the vehicle without obstructing other vehicles or pedestrians, and by requiring that certain signs and painted stripes be installed at intersections designated by Ordinance as "Don't Block The Box" intersections; and by designating certain intersections in the City, including but not limited to intersections on South Street from Front Street to Broad Street, as "Don't Block The Box" intersections; all under certain terms and conditions.

Thank you. I understand Ms. Verber (ph) has another appointment, so, Chris, we will have Ms. Verber testify first. Good morning. Please identify yourself for the record.

Good morning, Mr. 52 2/5/03 - STREETS AND SERVICES - BILL 020437 Chairman, and good morning, Members of the Committee. My name is Ann Verber. I'm a board member of the South Street Head House Special Services District, and I Chair the District's Planning Committee. I am very pleased to be able to be here today on behalf of the District to show our very, very strong support for this proposed legislation. Since our board did not meet prior to this hearing this morning, I had the opportunity to poll the board members and speak to every one of them personally, and I am very pleased to report that the response, the most frequent response I heard from our board members was 110 percent in favor. Many of them said, "I can't imagine why we didn't think of this years ago," since the area that is immediately at issue in this proposed legislation is South Street between Front and Broad streets, which is afflicted, as I think everyone knows, periodically and regularly with gridlock of substantial proportions that is detrimental to the stores, the shops, the commercial interests on the street, and has an extremely negative impact on the residential 53 2/5/03 - STREETS AND SERVICES - BILL 020437 communities that border on South Street and that are affected by activities on South Street. We believe that the effects of this Bill will be both to have a deterrent effect on our gridlock problem and begin to be assistance to the police in their enforcement efforts to try to keep traffic moving on the street. We hope that we will be the first street that has designated "Block the Box" intersections and we look forward to this very much. Thank you.

You see, Ann, I got stuck on 6th and South a few times and that's what brought this to my attention.

I understand. I live near there.

I know. I said, "What are we doing here?" Especially because of the fire house situation -- MS VERBER: Absolutely.

-- raises the height of interest -- concern, I should say, for public safety. Thank you, Ann, and thank you for your testimony. Any questions for this witness? 54 2/5/03 - STREETS AND SERVICES - BILL 020437

I just wanted you to be aware that we are also working, and our Chairman will be conducting hearings very shortly, in reference to the camera enforcement that will even add additional enforcement to some of the intersections. Eventually where without a police officer being present, that if someone would violate "Block the Box" or violate a red light, that the photo enforcement is, I hope, coming to Philadelphia very, very soon and we'll make some of these intersections throughout our City a safer place.

Councilman Rizzo, we are in complete agreement with you. The Board of the District has been as active as it can be in encouraging the adoption of the camera enforcement for those very purposes. And we look forward to working with anyone with whom we would be helpful to see if we can bring that to bear and come to pass.

We'll make sure that you're aware through the Chairman when he has convened this Committee for that purpose so you can be here to give your input. 55 2/5/03 - STREETS AND SERVICES - BILL 020437

Thank you. We certainly will be looking forward to that. Thank you.

Thank you, Mr. Chairman.

Good morning. Please identify yourself for the record.

Mr. Chairman, Members of the Committee, thank you for the opportunity to appear before you today. My name is Charles Denny, and I am the Assistant Chief Traffic Engineer for the Department of Streets. I'm here to offer testimony on Bill 020437. It is the understanding that certain amendments will be offered to this Bill. The Department of Streets supports this amendment and supports the amended Bill. I would like to note that the issue of traffic congestion and gridlock is a problem throughout the City, including the intersections noted in Bill 020437. The Streets Department supports the concept behind "Don't Block the Box" program and believes that it could potentially be one method of dealing with the problems of traffic congestion at many critical intersections throughout the City. 56 2/5/03 - STREETS AND SERVICES - BILL 020437 I would suggest that the legislation serve as a first step to examining the problems of traffic congestion and gridlock citywide, and we welcome any suggestions this Committee may have regarding the same. Thank you for the opportunity to appear before you today. And I'll be happy to answer any questions.

Thank you. I know my legislative assistant, Mr. Fitz, and the Streets Department had many discussions on this matter. There are some amendments that will be offered today to the Bill. I still have some concern -- I want that to be for the record, that at the discretion of the Streets Commission, which I have a lot of respect for, I think it may, in effect, water down our attempt to do what I think we all set out to do is make as many of the -- especially those high intersection corridors where you have a lot of traffic and you have the constant blocking of intersections, South Street, Old City, just to name a few in my district. What guarantees do we have -- and I know you're not the Commissioner -- but what 57 2/5/03 - STREETS AND SERVICES - BILL 020437 guarantees do we have that, if the District Councilperson and the community and maybe even with a letter from the local Police Department, were to make a request that we will, in fact, have the "Block the Box" implemented, will there been any signage to that effect? I think signage is very important. This is not a fining mill. We're not concerned about just raising money on this issue. We're more concerned with public safety and awareness.

While we believe signing and education of drivers is important, we don't think signing should be required for enforcement because signs get defaced, signs fall down or get removed. So if we pass the legislation to for "Don't Block the Box," the police should be even able to enforce the regulation without the signs, if something should happen to the signs. But signs are important for educational purposes for the drivers, as well as the general education through the media of the program.

Do you have any knowledge of how the "Block the Box" is enforced in New York City? 58 2/5/03 - STREETS AND SERVICES - BILL 020437 I was in New York and then I came back to Philadelphia, and I got stuck in that traffic one day and I said, "Why don't we do something similar to New York? Do they have a special requirement? Is that the discretion of their Streets Commission, or is it something that's done legislatively?

I'm not sure how New York actually does their program.

Thank you. Councilman Rizzo.

I can't imagine how we could enforce something without it being posted. How do you deal with a visitor that might not be aware of this particular zone? So I don't think we could even begin -- I think it would be challenged on every issuance of any violation. So that's just my two cents. I'm very involved in this issue. As a matter of fact, when we first started this discussion about cameras, "Block the Box" was the top discussion Citywide to pick various intersections. I'm glad that Councilman DiCicco has instituted this, or considering this to be instituted on South 59 2/5/03 - STREETS AND SERVICES - BILL 020437 Street. But I can't imagine how you could do this without requiring signage, because I think it would be challenged and dismissed on every case.

The vehicle code has a provision in there that you are not to block intersections. And that's part of the vehicle code and it's probably in most vehicle codes in most states.

Then you'd probably have to issue the ticket based on that violation and not blocking the box. You might have to have two different enforcements. Because if you have a visitor from out of town, I just don't see that flying, or I would not be supportive of that without that regulation in there.

I just want to follow-up on that statement again about the signage. I understand -- I'm familiar wit the Motor Vehicle Code, having spent about 16 years in Philadelphia Traffic Court. I think the signage is really going to be crucial to this because again, in my opinion, this legislation 60 2/5/03 - STREETS AND SERVICES - BILL 020437 isn't for the purpose of collecting fines. It's for the purpose of providing reasonable access so that vehicles can cross intersections, and emergency vehicles, in particular, have a better opportunity to get from one point to another. I think if you don't do signage, once the person is in the block, big deal. We write the ticket. They get the fine. But it defeats the purpose. I mean, why wait for the person to block the intersection? I think the advance notification as you're driving down the street or as you're coming up to the intersection and you look up at the sign -- and again, I'll draw from my experience in New York. When you're approaching an intersection and you look up at the traffic signal, there's a sign there that says, $300 fine, or whatever the fine is, if you block the box. And I think it gives most people an opportunity to reflect on and say, I don't want to get a ticket. But if you don't give them the warning -- most people don't understand the Motor Vehicle Code. In the last two decades, or maybe longer -- because I'm getting older by the minute 61 2/5/03 - STREETS AND SERVICES - BILL 020437 -- people have a total disregard for traffic laws. And in many cases, with no excuse for them, they don't know what the laws are. Pass on the right, pass on the left; they're oblivious to that stuff. We have to educate them, as we're going to do with noise ordinance signs on South Street in the not too distant future, as you know. You've helped us with that. We haven't installed those yet, but we will be shortly. We want people to know that there is an ordinance, that if you have your radio on too loud and it could be heard within feet, that you're 15 subject to a fine. I think it's reasonable for 16 us to at least give fair warning to motorists. 17 Because once they're in the box, we've basically 18 defeated the purpose, and that is to keep that 19 intersection open so that traffic can flow more 20 freely. 21 So I don't know if we need to do 22 anything with this legislation, but it's 23 certainly something I think we need to insist on. 24 And signs, Chris, come down and go up all the 25 time. And I don't think particularly that this 62 2/5/03 - STREETS AND SERVICES - BILL 020437 sign on a traffic device will be any more susceptible to being removed or coming down because of the elements than any other signs, the many thousands and tens of thousands of signs that we have throughout the City today. As my legislative assistant notes, we're talking about specific intersections. And if we do have an issue between the Department and our request, we can deal with that on an intersection by intersection basis. Thank you. Mr. Bonnie (ph).

Good morning, Mr. Chairman, Members of the Committee. My name is Paul Bonnie and I'm here representing the Society Hill Civic Association. Our association has over 950 dues paying members. I am one of the vice presidents and also the Chair of the Zoning and Historical Preservation Committee. We support the "Don't Block the Box" proposed legislation. Probably the two biggest problems facing Society Hill are parking and traffic. And this legislation would address the latter. Excessive traffic is a huge problem in our neighborhood, both in terms of quality of life 63 2/5/03 - STREETS AND SERVICES - BILL 020437 and safety. Entirely residential, Society Hill is increasingly being squeezed between the traffic, congestion and noise of South Street on the south, and Market Street and Old City on the north. Running north, south through our neighborhoods are the numbered streets, 3rd, 4th, 5th and 6th. South Street gridlock on the weekends, beginning at about dinner time, backs up on 4th and 6th streets past Lombard, sometimes past Pine into our residential neighborhood. Society Hill Civic Association supports the proposed legislation. It would help prevent South Street gridlock, which in turn would help keep the numbered streets moving and this would alleviate the traffic congestion in our residential, usually quiet neighborhood. We thank the proponents of this legislation. Thank you.

Thank you. Any questions for this witness? Councilman Ortiz.

There's not a great deal of garages around Society Hill 64 2/5/03 - STREETS AND SERVICES - BILL 020437 neighborhoods, are there?

That's correct.

Do you visualize at any one point that we may need to do something about that?

Well, I'm not sure where there is any available space for any additional parking garages. There are some -- there's a garage on Front Street, I believe, and I think the Bourse Garage, but that's on the other side of Independence National Park.

The issue is that, as all of that area keeps on getting developed, and across the way, in terms of Penns Landing, if that ever happens, and we all hope that it would, then the congestion for that neighborhood for the residents would even increase 10-fold probably.

I agree, Councilman. Because the two sort of weekend hot spots that I mentioned are affecting us north, south. The Penns Landing development would probably hit us east, west.

I'm talking in terms of an urban planning type of vision so that 65 2/5/03 - STREETS AND SERVICES - BILL 020437 we can bring a perspective, that we're not looking at the situation as it is now, but try to look at the situation as it might be later and try to get the Association and other neighborhood groups together to begin trying to see how we can look at some things years down the road, and 8 bring your opinion into the mix as to how we can 9 begin finding solutions for those things before 10 they happen.

Traffic and parking are two of the biggest problems in Society Hill. I can assure you that the Society Hill Civic Association will be overjoyed to work with your office or any Councilman's office or the Administration to help take a longer view and well thought out plan of attack.

I think that's something we should begin looking at.

Maybe I can just add something. For about six years or so, we're working with the Simon Group on the development of Penns Landing, which never occurred. Parking was always an issue, as well as traffic. I think we were pretty much able to address some of those 66 2/5/03 - STREETS AND SERVICES - BILL 020437 issues by providing additional off-site parking from the proposed project. In this case, what's driving this legislation in my mind is, not so much the lack of parking space, but South Street is a unique situation where most of the traffic is really just about traffic. These aren't people who are looking for a parking space. It's cruising. And the cruising is what probably is causing us the most grief. I could be wrong, but I think if we had additional parking on South Street, it really wouldn't eliminate that much of the problem that we have, because these aren't people that are going there to spend the night at a restaurant. You probably did it when you were a teenager in New York. You're cruising around, you're looking for some young lady and you want to look cool and you got the radio blasting and you keep going. And that's all well and good when you're 18 years old, but when you get to be my age, it becomes a nuisance. So I think that -- again, I appreciate your comments, Councilman Ortiz, and your concern and, obviously, that's something I would seek your help in supporting 67 2/5/03 - STREETS AND SERVICES - BILL 020437 going forward. But this issue is more about the cruising. Conversely, I guess in Old City the argument about the lack of parking may apply more there than it would on South Street because most of Old City deals with restaurants and nightclubs where people want to get to. So there is a lot of that congestion that's as a result of a lack of ample parking in Old City. So you have two different kind of situations going on, both of them causing the gridlock. But again, I think if we put another 500 spaces on South Street, I wonder if that would really put that much of a dent in our cruising problem. Thank you. Ms. Puckett (ph).

Yes. Good morning, everybody. My name is Colleen Puckett. I'm the president of Queen Village Neighbors Association, and we too support the "Don't Block the Box" Bill 22 that would help alleviate blocking of intersections along South Street. I have a personal experience I'd like to share, where I experienced personally the 68 2/5/03 - STREETS AND SERVICES - BILL 020437 problems with coming up to an intersection and trying to get across and not being able to cross. About seven-and-a-half years ago, it was a stinking, hot August night, as we tend to get here in Philadelphia, I went into labor with my second child. And here it comes -- they said the second child comes quickly, and I can attest that that is absolutely the case. My husband and I were in the car at the intersection of 7th and South trying to go north to get to Pennsylvania Hospital and had to actually sit through two or three lights, change of lights, while I'm plottsing (ph), let's put it that way. So anyway, I'd like to say that this Bill is just really one part of a larger strategy to try to improve the atmosphere and lessen the negative impact of quality of life issues that South Street brings to the neighborhoods. And we've been working with Councilman DiCicco, as have the other neighborhoods along the South Street corridor, for several years now. We really got kicked into gear fighting the Mardi Gras situation a few years ago. We've worked together to ensure that there's adequate staffing 69 2/5/03 - STREETS AND SERVICES - BILL 020437 and presence at the police station on South Street. We have Lieutenant Walker here to talk about that. And most importantly, Councilman DiCicco is instrumental in forming what we're calling the South Street Alliance, which is a working group of City agencies that have impact on South Street; the police, the PLCB, community groups, as well as the business districts, so we can actually start doing some of this long range planning that Councilman Ortiz is saying is so crucial. So again, we're very supportive of this. We're talking about nothing less than a culture change on South Street. We still want people to have fun. South Street is never going to be Manayunk, to use one recent example. We do want people to have fun there, but what we want to get rid of is the "anything goes" kind of atmosphere that for too long has really typified activities on South Street. So for all these reasons, we fully support Bill 020437, "Don't Block the Box".

Thank you. Thank 70 2/5/03 - STREETS AND SERVICES - BILL 020437 you, Colleen. And thank you, Paul, for your patience this morning and testifying. Next witnesses. Good morning gentlemen. Please identify yourself for the record and proceed with your testimony.

Good morning. My name is Francis Healey. I'm Special Advisor to Police Commissioner Johnson, and to my right is Lieutenant Walker. He's a commanding officer of the South Street unit. First, let me apologize for Commissioner Johnson's absence. However, the purpose or the role of today's hearings are to address your questions regarding the situations as they exist on South Street, and Lieutenant Walker, being the commanding officer of that unit, is best served in that capacity. So based upon that, I welcome any questions to the Lieutenant regarding the traffic conditions on South Street and the area.

Good morning, Members of the Committee and Chairperson. Basically South Street -- again, the congestion on South Street is created basically 71 2/5/03 - STREETS AND SERVICES - BILL 020437 by volume.

Excuse me, sir. You need to identify yourself for the record.

Lieutenant John Walker, Philadelphia Police Department, Commanding Officer of the South Street detail. The volume on South Street of traffic creates the problems moving eastbound. The biggest complaints I get from the community are the north and south numbered streets, which become heavily congested due to vehicles overtaking the intersection while they're moving eastbound. The vehicle traffic starts Monday through Thursday, from 12:00 noon up until about 6:00 p.m., from 2nd Street to 6th Street where the heavy congestion begins. And on the weekends, our congestion starts at 2nd and South and moves all the way up to as far as 16th and South moving eastbound. The problem continues to be the intersections being blocked, especially the 6th Street intersection, which is where the fire house is. And the Fire Department personnel, attempting to get through these intersections when they're blocked with vehicles, 72 2/5/03 - STREETS AND SERVICES - BILL 020437 has created some problems for us. In addition, at 9th and South, you have medical transportation trying to get to Pennsylvania Hospital and to the emergency room, which sometimes becomes blocked as a result of people overtaking the intersections. These intersection blockages have created sometimes fights on the highway, assaults and, again, numerous complaints, including those phone calls from the Councilman being stuck in traffic. And that's the general conditions down there on South Street at this time.

Thank you. Lieutenant, I know that you're not -- either not permitted or you're not here today just to speak in reference to the legislation, but you're here as an expert witness. A number of vehicles on any given weekend, especially in the high, warm weather months that travel up and down South Street, do you have an approximate number of those?

We'll see on a Friday night, a busy night, anywhere from 5,000 to 8,000 vehicles coming through the street. And repeat 73 2/5/03 - STREETS AND SERVICES - BILL 020437 people coming through the street cruising, somewhere around 1,000.

Do you think in your experience, understanding that there is a Motor Vehicle Code that does provide for the issuance of a citation if you block an intersection, that a "Block the Box" program would be helpful? And do you think, in your professional opinion -- and don't agree because it's what I said earlier -- but I need your professional opinion, that the signage would both be helpful, not only to the motorist, but also to the Department in its issuance and enforcement of the code?

Councilman, as I said, we're not authorized to actually comment or opine on the legislation itself. We can only testify as to the conditions that are on South Street in the area.

Okay. Councilman Ortiz.

New York City has the gridlock law, which is what we're talking about here. How is it working in Manhattan, for 74 2/5/03 - STREETS AND SERVICES - BILL 020437 example? Do you have any information as to that?

I think it's been -- knowing people who work in the NYPD and speaking to them, I think it's been very effective up there in New York City.

And the enforcement, in order to break up the gridlock, how are the police going to organize themselves to enforce the law and so on?

That will be a policy decision that's made by the Commissioner.

If you're on 5th and South and the light changes, but there's traffic and you move right into the middle of the intersection, are you going to have a police officer there to write a ticket immediately on that?

That would be an assessment we would do depending on what the impact is in that area. Fifth Street is highly impacted, along with 6th Street, because of the 5th Street corridor into New Jersey.

Because one thing is, we can write the law. I'm trying to find out 75 2/5/03 - STREETS AND SERVICES - BILL 020437 how is it that we're going to go forward in terms --

Generally -- if I can interrupt for a minute. Generally the -- especially on the busy weekends, busy nights which are weekends, you do have, at most intersections, police personnel at those intersections anyway, generally speaking.

Generally speaking, we cover from 2nd up to 8th Street with police officers actually doing traffic control.

So they're going to keep the traffic away from the middle of the intersection?

They control the intersection. They can also do enforcement at those posts that they're assigned to. We have additional officers assigned to bike patrols and foot patrols who also can assist with enforcement.

Do you have any knowledge of your officers who, from time to time, may issue a violation, motor vehicle violation, for someone who is blocking the 76 2/5/03 - STREETS AND SERVICES - BILL 020437 intersection? Any comments by the motorists saying that they didn't know it was illegal or anything like? Do people not normally know that they shouldn't be blocking the intersection?

Most people have no idea that they should not. And the other law that we're all aware of is the loud music law. When we stop people to write tickets, they say, we're not aware of it. That's a big concern, that we have signage to say that.

We're going to be installing signs, as you know, on that. Councilman Rizzo.

Lieutenant, when I first introduced "Don't Block the Box," we met with the Police Department, and the Police Department said that introducing Citywide "Don't Block the Box" would be very difficult because of the personnel issue associated with it. That's why then Streets Commissioner Johnson offered the suggestion to bring cameras into play to take care of that situation. And that basically is my question again. That without a commitment from the Police Department, because the minute your 77 2/5/03 - STREETS AND SERVICES - BILL 020437 officer that's got that intersection, pulls a car over -- in other words, we have to develop possibly a policy where -- I believe they call it a "hard back," where the officer doesn't even have to stop the vehicle. He could issue the ticket to the owner of that vehicle just based on writing the number down. Because I can't imagine what congestion -- or how you would deal with stopping a car that is creating a gridlock situation at 5th and South. You lose the officers for 10, minutes, I assume, at the 13 best. I think you really -- the Police 14 Department's response to this legislation is 15 going to be critical. Are we going to have the officers committed? And once you do commit them, or you use the existing officers that are patrolling South Street? Because I believe an officer probably could spend the entire tour of duty enforcing "Don't Block the Box" at 5th and South. So -- and then, what do you do with the vehicle? Do you pull the vehicle over? Does it block the middle of the intersection? So I think there's some strategies which you discussed. It's a 78 2/5/03 - STREETS AND SERVICES - BILL 020437 policy issue on how this program would be enforced. Again, it sounds to me like if not handled properly, the intent of the legislation could create to the confusion.

Councilman, I agree with you. If this legislation does come to pass, the Department would sit down and develop a policy on how to enforce it the most effective way possible. The first step in developing a policy, we would first go to New York and identify how their police officers handle these situations, as well. It's my understanding peripherally that the officers up there actually issue the citation by the time the light actually changes. They're that quick. So that's my understanding of how they actually enforce it up there. They're prepared. The tickets are pretty much all written except for the vehicle information and driver's name and address. So they actually get them done and off in the same direction. The objective is not to add more congestion by pulling them over to the side.

It would be like 79 2/5/03 - STREETS AND SERVICES - BILL 020437 filling out a survey.

A little quicker.

Thank you. Any other questions for these witnesses? (No response.)

Thank you, gentlemen. We appreciate your time.

Mr. Levy, is there a representative from Washington Square West?

No. 14

Thank you, Lieutenant. Thank you for your patience, Mr. Levy. You are a patient man, as we all know.

Good morning. My name is Paul Levy. I'm the Executive Director of Central Philadelphia Development Corporation, and I am here to testify in favor of Bill No. 020437. Let me first just preface my comments by thanking City Councilmembers on this Committee for taking on this issue and the parking issue. These are not isolated issues. It is really part 80 2/5/03 - STREETS AND SERVICES - BILL 020437 of how we manage parking and transportation and traffic in Center City. And since they are part of the system, I think they need to be addressed as part of the system. I have copies of my testimony here with maps attached, if people are interested getting copies. Let me say, as well, that for over a year, through an organization we have formed called the Central Philadelphia Transportation Management Association, we have been having SEPTA, Patco, the Philadelphia Police, the Streets Department, private parking operators and others meeting to address issues of traffic flow in Center City, and they have put their finger on traffic congestion as the number one issue that is really restraining activity in Center City. What I'd like to just say quickly in my prepared remarks is that we've gotten very good in this City at focusing on problems that result from the loss of market share; when we're dealing with abandoned houses, when we're dealing with vacant lots. But I think if we wish to retain and grow jobs, we also need to devote equal attention to managing the problems that 81 2/5/03 - STREETS AND SERVICES - BILL 020437 come with success. And chief among these problems is traffic congestion. If you look back on the last decade, we had 169 percent growth in restaurants within Center City. And we had a growth of the Center City population of percent. The Delaware 8 Valley Regional Planning Commission documents 9 that between 1995 and 2000, we had a 39 percent increase in cars coming into Center City each day. 300,000 cars each day now come into Center City. This is a wonderful, good sign of the vitality of Center City. We're also very focused on trying to get individuals to switch over, to the extent possible, to public transportation, since public transportation can help us minimize the congestion that we're getting. But clearly one strategy which we strongly endorse is this "Don't Block the Box" legislation. It is one very important tool in making sure the traffic can move for both safety, as well as traffic movement. I can concur with many of the questions that Councilmembers were raising. One, 82 2/5/03 - STREETS AND SERVICES - BILL 020437 I think this legislation clearly needs to be accompanied with good signage. In cities like New York City, they literally paint a box at the intersection so it's as clear as day that that is special zone. I would urge that we do that in Philadelphia. Secondly, as several of the Councilmembers have noted, enforcement of this is essential. Clearly putting the law up will be a deterrent, but we need enforcement. Unfortunately, for budgetary reasons, we have far fewer traffic officers in Philadelphia than we had 10 or years ago. I think there are two 15 alternatives that are really worth looking at, and we would love to join with Council and others in looking at these. One is the obvious one, is simply increasing the budget of the Philadelphia Police Department so that there are more traffic officers. I fully recognize the limits in the City budget. But the New York City example, which you have raised and I've attached to my testimony on the third sheet summaries from both New York City and Baltimore, both Baltimore, 83 2/5/03 - STREETS AND SERVICES - BILL 020437 Maryland and New York City have "Don't Block the Box" legislation, and they enforce it with civilians who are managed by their police departments. New York City has traffic enforcement agents. Just to give you a sense of that, I have here from their web site a posting for their job.

In a traffic enforcement agent, starting salary range is $23,000 to $26,000, which is significantly less expensive than, obviously, a fully-equipped police officers. These individuals are managed by the New York City Police Department. So the issue of control and management is central. So I'm in favor of the legislation, in favor of having signage and enforcement. I have attached a map and it includes sites, not only in Councilman's DiCicco's district, but in Councilman Clarke's district of other sites. Through conversations with SEPTA, parking operators and others, that we think are key points of congestion. There's a map designating a variety of locations. Let me just have one that many of you who may come in from the northwest are fully 84 2/5/03 - STREETS AND SERVICES - BILL 020437 familiar with, if you come in the Vine Street expressway and get off at 15th and Vine. There is a huge problem at morning rush hour with traffic coming south on 15th by Hahnemann that completely blocks the box there and creates major traffic congestion backup onto the expressway. There are evening rush hour problems. And I think Councilman DiCicco is absolutely correct in starting in the first location on South Street where you already have police officers on the street. But I urge Council to look at this issue more comprehensively and recognize the very success we've enjoyed in Center City comes with a price. That price is traffic congestion. And quite simply, people who get frustrated with this problem will simply cease to come. We have the opportunity to really move traffic well and grow business or the opportunity to frustrate people. So again, I really compliment Council on looking at the parking issue, at looking at the Block the Box issue, and urge you to look at this in a comprehensive fashion and urge the support of this piece of legislation. Thank you. 85 2/5/03 - STREETS AND SERVICES - BILL 020437

Thank you, Mr. Levy. Any questions for this witness from the Committee? (No response.)

Is there anyone else here who wishes to testify for or against this Bill? (No response.)

I believe that was the last Bill. Councilman Goode is also in attendance today. He is a member of this Committee as well. This concludes the public hearing on the Committee on Services. - - - 86 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING COMMITTEE ON STREETS AND SERVICES - - - Wednesday, February 5, 2003 - - - Public Meeting conducted by the Committee on Streets and Services, held in Room 9 696, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILLS 020437, 020762, 020763, 020815, 020822, 020825, 030011. - - - PRESENT: COUNCILMAN FRANK DICICCO, Chairman COUNCILMAN DARRELL CLARKE COUNCILMAN DAVID COHEN COUNCILMAN W. WILSON GOODE COUNCILWOMAN DONNA REED-MILLER COUNCILMAN ANGEL ORTIZ - - - 87 2/5/03 - STREETS AND SERVICES - PUBLIC MEETING

We will now begin with the public meeting on the Committee on Streets and Services for purposes of voting out Bills. The Chair recognizes Councilmember Ortiz for a motion on Bill 020825.

Mr. Chairman, I move that Bill 020825 be reported out of Committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)

It's been properly moved and seconded that Bill No. 020825 be reported out of this Committee with a favorable recommendation and a further recommendation that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.)

Those opposed? (No response.) 88 2/5/03 - STREETS AND SERVICES - PUBLIC MEETING

The Bill is approved. Councilman Ortiz.

Mr. Chairman, I move that we report Bill 020815 out of Committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)

It's been properly moved and seconded that Bill No. 020815 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.)

Those opposed? (No response.)

The Bill is approved. Councilman Ortiz.

Mr. Chairman, I 89 2/5/03 - STREETS AND SERVICES - PUBLIC MEETING move that Bill 020822 be reported out of Committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit first reading in the next session of City Council. (Duly seconded.)

It's been properly moved and seconded that Bill No. 020822 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.)

Those opposed? (No response.)

The Bill is approved. Councilman Ortiz.

Mr. Chairman, I move that Bill 030011 be reported out of Committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit first reading at the 90 2/5/03 - STREETS AND SERVICES - PUBLIC MEETING next session of City Council. (Duly seconded.)

It's been properly moved and seconded that Bill No. 030011 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.)

Those opposed? (No response.)

The Bill is approved. I'm going to offer an amendment to Bill No. -- make a motion that the amendment to Bill No. 020437 be approved. I remember this Committee has had a copy.

Mr. Chairman, I move that Bill 020437 be reported out of Committee, as amended, and that the Rules of Council be suspended so as to permit first reading in the next session of City Council. (Duly seconded.) 91 2/5/03 - STREETS AND SERVICES - PUBLIC MEETING

It's been properly moved and seconded that Bill No. 020437 be reported out of this Committee as amended with a favorable recommendation and that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.)

Those opposed? (No response.)

The Bill is approved. Councilmember Clarke, do you have an amendment to Bill No. 762?

Thank you, Mr. Chairman. Mr. Chairman, we're going to amend this on the Calendar because the amendment is not prepared yet. I just want to, for the record, note that it will be amended on the second reading.

Thank you.

Mr. Chairman, I move that Bill 020762 be reported out of 92 2/5/03 - STREETS AND SERVICES - PUBLIC MEETING Committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit first reading in the next session of City Council. (Duly seconded.)

It's been properly moved and seconded that Bill No. 020762 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.)

Those opposed? (No response.)

The Bill is approved. At the request of Mr. Dickson of the Philadelphia Parking Authority, I offer an amendment to Bill No. 020763, that the effective date would be changed to April 1, 2003. (Duly seconded.)

It's properly moved and seconded that the amendment to Bill No. 93 2/5/03 - STREETS AND SERVICES - PUBLIC MEETING 020763 be reported favorably. All those in favor, signify by saying aye. (Aye.)

Those opposed? (No response.)

The amendment is approved. The Chair recognizes Councilman Ortiz.

Mr. Chairman, I move that Bill 020763 be reported out of Committee, as amended, with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit first reading in the next session of City Council. (Duly seconded.)

It's been properly moved and seconded that Bill No. 020763 as amended be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor, signify by saying 94 2/5/03 - STREETS AND SERVICES - PUBLIC MEETING aye. (Aye.)

Those opposed? I am voting no on this. Majority rules the Bill is reported out favorably. This concludes the public meeting of the Committee on Streets and Services. Thank you. (Council adjourned at 11:55 a.m.) 95 C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of February 5, 2003, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE ON STREETS AND SERVICES ___________________________ Lisa C. Bradley, RPR and Notary Public