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Minutes

Committee Hearing, December 7, 1998

Philadelphia City Council Committee HearingsDec 7, 1998

People mentioned

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

COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING AND PUBLIC MEETING BEFORE THE COMMITTEE ON STREETS AND SERVICES - - - Room 400 City Hall Philadelphia, Pennsylvania Monday, 12/7/98, 3:18 p.m. - - - BILL 980707 - Penn Center House, Inc. BILL 980884 - Atlantic Pipeline Corp. BILL 980844 - Carematrix Corp. BILL 980885 - S. Tilvawala Newsstand BILL 980896 - Twelfth St. Hotel Assocs. BILL 980709 - Geary/Davinci/Justinian BILL 980710 - " " " BILL 980803 - Dilworth St. and Ritner St. BILL 980888 - Alter St. BILL 980897 - Clover St. and Market St. BILL 980891 - Lafayette St. Water BILL 980892 - " " " (Full text of ordinances attached.) PRESENT: COUNCILMAN FRANK DICICCO, Chairman COUNCILMAN DAVID COHEN COUNCILMAN MICHAEL A. NUTTER COUNCILWOMAN ANNA C. VERNA COUNCILWOMAN DONNA REED MILLER COUNCILMAN ANGEL L. ORTIZ COUNCILMAN RICHARD T. MARIANO COUNCILMAN FRANK RIZZO - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 (215) 561-2220 2 12/07/98 STREETS & SERVICES COMMITTEE I N D E X BILL 980707 Mike Longshore, Chief Permits Officer . . . . 5 Streets Department BILL 980884 Mike Longshore, Chief Permits Officer . . . . 6 Streets Department BILL 980844 Mike Longshore, Chief Permits Officer . . . . 8 Streets Department BILL 980885 Mike Longshore, Chief Permits Officer . . . . 10 Streets Department Joseph Beller, Esq., Council to S. Tilvawala 11 S. Tilvawala, Newsstand Operator. . . . . . . 12 BILL 980896 Mike Longshore, Chief Permits Officer . . . . 16 Streets Department BILL 980709 Paul Lonie, Manager . . . . . . . . . . . . . 18 Survey Bureau, Department of Streets Martin Soffer . . . . . . . . . . . . . . . . 19 City Planning Commission Carl Primavera, Esquire . . . . . . . . . . . 20 Barbara Capozzi, Esq., Realtor. . . . . . . . 21 President, Packer Park Civic Association 3 12/07/98 STREETS & SERVICES COMMITTEE (Index, cont'd.) PAGE BILL 980710 Paul Lonie, Manager . . . . . . . . . . . . . 49 Survey Bureau, Department of Streets BILL 980803 Paul Lonie, Manager . . . . . . . . . . . . . 51 Survey Bureau, Department of Streets Martin Soffer . . . . . . . . . . . . . . . . 52 Planning Commission BILL 980888 Paul Lonie, Manager . . . . . . . . . . . . . 54 Survey Bureau, Department of Streets, Martin Soffer . . . . . . . . . . . . . . . . 54 City Planning Commission Former Councilman James Tayoun. . . . . . . . 55 Alex Barabuscio, Owner, Alex's Auto Body. . . 55 BILL 980897 Paul Lonie, Manager . . . . . . . . . . . . . 57 Survey Bureau, Department of Streets Martin Soffer . . . . . . . . . . . . . . . . 58 City Planning Commission BILL 980891 and 980892 Paul McCloskey, Manager . . . . . . . . . . . 60 Water Department 4 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980707 P R O C E E D I N G S

Councilman Dicicco

We now have a quorum. Good afternoon, everyone. The Streets and Services Committee is now in session. In attendance today are: Councilman Nutter; Councilman Ortiz; Councilman Cohen; and myself, Councilman DiCicco. And former Councilman Jim Tayoun is here, who is not a part of the committee. The clerk will read title of the first bill.

The Clerk

Bill No. 980707, an ordinance authorizing the Penn Center House, Inc., owner of the property at 1900-1934 John F. Kennedy Boulevard, Philadelphia, PA, 19102, to construct and maintain a glass and metal electrified canopy with support columns under, on, and over the south footway of the 1900 block of John F. Kennedy Boulevard, under certain terms and conditions.

Councilman Dicicco

Please state your name for the record.

Mr. Longshore

Good afternoon, Chairman DiCicco and members of Council. My name is Mike Longshore, Chief Permits Officer, 5 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980707 representing the Streets Department in today's testimony. In reference to Bill No. 980707, this is not an administration ordinance but, rather, an ordinance by request on behalf of Penn Center House Incorporated, owner of the property 1900 to 1934 John F. Kennedy Boulevard. The purpose of this ordinance is to acquire from City Council the legal authority to construct and maintain an electrified glass and metal canopy with support columns under, on, and over the south footway of the 1900 block John F. Kennedy Boulevard. The canopy encroaches 18-foot-0-inches inches over the south footway of John F. Kennedy Boulevard, and is 19-feet-9-inches in width. The plan of this property has been approved by the Board of Highway Supervisors; therefore, the Department of Streets has no 20 objection to the passage of this bill.

Councilman Dicicco

Are there any questions for this witness from any members of the committee? (No questions.)

Councilman Dicicco

Is there anyone 6 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980884 else here who wishes to testify for or against this bill? (No response.)

Councilman Dicicco

Hearing none, the clerk will read the title of the next bill. I would like to recognize Councilwoman Miller, who is also a member of the Streets and Services Committee. She is now in attendance. The clerk will please read the title of the next bill.

The Clerk

Bill No. 980884, an ordinance authorizing Carematrix Corporation, lessee of the property 2000 to 2014 Race Street, Philadelphia, Pennsylvania, 19103, to construct and maintain various encroachments onto and over the west footway of 20th Street, adjacent to the property 2000-2014 Race Street, all under certain terms and conditions.

Mr. Longshore

Good afternoon, Chairman DiCicco and members of Council. My name is Mike Longshore, Chief Permits Officer, representing the Streets Department in today's testimony. In reference to Bill No. 980884, this 7 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980884 is not an administration ordinance but, rather, an ordinance by request on behalf of Carematrix Corporation, lessee of the property 2000 to 2014 Race Street, Philadelphia, PA. The purpose of this ordinance is to acquire from City Council the legal authority to construct and maintain various encroachments onto and over the west footway of 20th Street. These encroachments include a landscape planter area and retainer wall, which encroaches a maximum of six feet onto the west footway of 20th Street, and is approximately 288 feet in length. Also included is an awning, which projects feet 15 over the west footway area of 20th Street, and is 16 21-foot-4-inches in width, being of cantilever 17 design. 18 The plan for this property has been approved by the Board of Highway Supervisors; therefore, the Department of Streets has no 21 objection to the passage of this bill.

Councilman Dicicco

Thank you. Are there any questions from the committee for this witness? (No questions.) 8 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980844

Councilman Dicicco

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

Councilman Dicicco

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

The Clerk

Bill No. 980844, an ordinance granting permission to Atlantic Pipeline Corporation, Ten Penn Center, 1901 Market Street, Philadelphia, Pennsylvania, 19103, to abandon one existing 12-inch pipeline within public rights-of-way and to construct, maintain, and operate new pipelines within and under the rights-of-way of Essington Avenue, Passyunk Avenue, 67th Street, and Norwitch Drive, all under certain terms and conditions.

Mr. Longshore

Good afternoon, Chairman DiCicco and members of Council. My name is Mike Longshore, Chief Permits Officer, representing the Streets Department in today's testimony. In reference to Bill No. 980844, this is not an administration ordinance but, rather, an ordinance by request on behalf of Atlantic 9 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980844 Pipeline Corporation, Ten Penn Center Philadelphia, PA. The purpose of this ordinance is to acquire from City Council the permission to construct and maintain two new 12-inch diameter pipelines within the public right of way of Passyunk Avenue, connecting the existing lines on Sun's property and the Point Breeze Pumping Station; and also the replacement of existing lines covered under Ordinance No. 1996, signed into law in 1962. The Department of Streets has no 14 objection to the passage of this bill.

Councilman Dicicco

Are there any questions from the committee for this witness? (No questions.)

Councilman Dicicco

Is there anyone else here to wishes to testify for or against the bill? (No response.)

Councilman Dicicco

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

The Clerk

Bill No. 980885, an ordinance granting permission to Shailesh 10 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980885 Tilvawala, the owner and operator of the newsstand located on northeast corner of 16th and Ranstead Streets, to construct, use, and maintain electrical conduit and telecommunication fiber optic conduit in, under, and across the public right-of-way of 16th Street and Ranstead Street, for the purpose of supplying electrical and phone service to his newsstand, under certain terms and conditions.

Mr. Longshore

Good afternoon, Chairman DiCicco and members of Council. My name is Mike Longshore, Chief Permits Officer, representing the Streets Department in today's testimony. In reference to Bill No. 980885, this is not an administration ordinance but, rather, an ordinance by request on behalf of Shailesh Tilvawala, the owner and operator of the newsstand located on the northeast corner of 16th and Ranstead Streets. The purpose of this ordinance 22 is to acquire from City Council the permission to construct and maintain electrical and fiber optic conduit and appurtenances to the above newsstand. The locations of these proposed 11 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980885 underground connections are under the 16th Street cartway area, which was just recently repaved under City contract, and it is under warranty. The purposes of these utility connections are for lottery sales, which results in queues on the sidewalk, causing unsafe conditions for pedestrians. The Board of Highway Supervisors has denied the owner's application to occupy the public right-of-way; therefore, the Department of Streets does not recommend the passage of this bill.

Councilman Dicicco

Good afternoon, sir, please. State your name for the record.

Mr. Beller

My name is Joseph Beller, B-E-L-L-E-R. I am the attorney for Mr. Tilvawala and the attorney for the Newsstand Operators Association that supports it. The newsstands are wonderful places except when it gets cold and their feet freeze and when it gets dark at 4 in the afternoon and it's hard to even see the wares they are selling, and it's almost a question of being humane. They're out there from early morning till the service is 12 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980885 over. And, in fact, the Police Department has often requested that all of the newsstands be electrified so that they can have telephone and lights for public safety. They can call in accidents, they can call in incidents. This will in no way affect anybody adversely. The most adjacent land owner is in favor of it and has given his permission to the applicant here for it. And as I said, newsstand operators ask that you take into account that although it's 70 degrees today, that it's not going to stay that way forever.

Councilman Dicicco

No such luck, right? Do you happen to have a letter or anything from the property owner?

Mr. Tilvawala

Yes, I do.

Councilman Dicicco

In support of this?

Mr. Beller

Please identify yourself for the record.

Mr. Tilvawala

My name is Shailesh Tilvawala and I have a newsstand on 16th and Ranstead Street. 13 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980885

Councilman Dicicco

Mr. Beller, does the applicant have any other intentions as far as the electrification of the newsstand at the present time?

Mr. Beller

No, absolutely not.

Councilman Dicicco

So, it's just mainly for heat and/or phone service?

Mr. Beller

That's right.

Councilman Dicicco

Okay, thank you. Are there any other questions from the committee of this witness? (No questions.)

Mr. Beller

I'm going to pass up to you, Mr. Chairman, the Cushman & Wakefield's letter indicating that they have no objection to this. In fact, they encourage it.

Councilman Dicicco

Do you have a question, Councilwoman Miller?

Councilwoman Miller

Good afternoon. I have a question for the newsstand operator. How long have you been there?

Mr. Tilvawala

About four and a half years, ma'am.

Councilwoman Miller

And what have you 14 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980885 done regarding having no electric?

Mr. Tilvawala

I was freezing on my feet and using a kerosene heater.

Councilwoman Miller

A kerosene heater?

Mr. Tilvawala

Right.

Councilwoman Miller

Okay. I have a question for the City, then.

Mr. Beller

Let me also mention one thing, Councilwoman, if I may. This is operated by the family, and his wife also is there at times, and she was even colder than him, and she's the one who pushed him to make this request.

Councilwoman Miller

Okay. I have a question for Mike. Since I've been on this committee most of the time when these kind of bills are before the committee, the City recommends that we not vote favorably for this type of bill. Is there some particular reason?

Mr. Longshore

The Streets administration feels that electricity is a precursor to lottery sales. In this case, in this particular case, the applicant's asking for 15 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980885 electricity and telephone service, which would definitely preclude a hookup to the lottery system for the state. The current Streets administration feels that this could cause a safety hazard, as far as pedestrians backing up on the sidewalk during the times of lottery mania, if you will. That's why I said that the current administration is under that impression, and that is their call right now.

Councilman Dicicco

Just to follow up on that same question, Mike, but isn't true, though, that if we wanted to as a committee, we could make certain provisos that would prohibit lottery sales at a particular site if we wanted to?

Mr. Longshore

Yes, sir.

Councilman Dicicco

Okay, thank you. Any other questions for this witness from the committee. (No further questions at this time.)

Councilman Dicicco

Anyone else here who wish to testify for or against the bill? The clerk will read the title of the 16 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980896 next bill, but before she does, I want to recognize Councilmember Rizzo. He is now present.

Mr. Beller

Thank you, Mr. Chair, and members of the committee.

The Clerk

Bill No. 980896, an ordinance authorizing Twelfth Street Hotel Associates, L.P., owner of the property 1200 Market Street, Philadelphia, Pennsylvania, 19107, to construct and maintain glass and aluminum electrified canopy over the south footway of the 1200 block of Market Street, under certain terms and conditions.

Councilman Dicicco

Please proceed.

Mr. Longshore

Good afternoon, Chairman DiCicco and members of Council. My name is Mike Longshore, Chief Permits Officer, representing the Streets Department in today's testimony. In reference to Bill No. 980896, this is not an administration ordinance but, rather, an ordinance by request on behalf of Street Hotel Associates Limited Partnership, owner of the property at 1200 Market Street, Philadelphia, PA. 17 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980896 The purpose of this ordinance is to acquire from City Council the legal authority to construct and maintain an electrified canopy constructed of glass and aluminum, which projects approximately 11-foot-1-inch over the south footway of Market Street, adjacent to the property. This canopy is of cantilever design and is approximately 28-foot-8-inches in width, and has a vertical height of 9-foot-2.5-inches. The plan for this property has been approved by the Board of Highway Supervisors; therefore, the Department of Streets has no 14 objection to the passage of this bill.

Councilman Dicicco

Are there any questions from this committee for this witness? (No questions.)

Councilman Dicicco

Is there anyone else here who wishes to testify for or against the bill. (No response.)

Councilman Dicicco

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

Mr. Longshore

That was my last bill, Mr. Chairman. If I will, the bills I just 18 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 testified on today, I would ask for a suspension of rules to allow for first reading at the next session of the City Council.

Councilman Dicicco

So noted. And the number of the next bill 7 is. . .?

The Clerk

Bill No. 980709, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 46-S, in the area of Geary Street and 20th Street, by placing on the City Plan Gary Street from 20th Street to Davinci Drive, Davinci Drive and Justinian Circle from Davinci Drive westward, all under certain terms and conditions, including the dedication to the City, free and clear of all encumbrances of the beds of Geary Street, Davinci Drive, and Justinian Circle, under certain terms and conditions.

Councilman Dicicco

Please state your name for the record.

Mr. Lonie

Good afternoon, Mr. Chairman, members of the committee. My name is Paul Lonie. I'm the manager of the Survey Bureau of the Department of Streets, and the Streets 19 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 Department would like to offer the following testimony on Bill No. 980709. This is not an administration ordinance 5 but an ordinance requested by Miss Barbara A. Capozzi, Esquire, 3220 South 20th Street, Philadelphia, who represents First Anthony Residential Capital Corporation. The purpose of this ordinance to grant the legal authority to place Geary Street, Davinci Drive, and Justinian Circle on the City Plan to facilitate the development of new homes. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.

Mr. Soffer

Good afternoon.

Councilman Dicicco

How many new homes did you just say?

Mr. Lonie

I didn't. The Planning Commission will answer that.

Councilman Dicicco

Thank you.

Mr. Soffer

Good afternoon, Mr. Chairman and members of the committee. My name is Martin Soffer from the City Planning Commission. The proposed ordinance authorizes the 20 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 placement on the City Plan of three streets located in the Packer Park section of South Philadelphia. The purpose of this ordinance is to provide new streets as a part of a subdivision of a 5.2 acre parcel of ground into 79 lots for the construction of attached single-family dwellings. Therefore, by action at its meeting on October 22, 1998, the Planning Commission recommends that Bill No. 980709 be approved. Thank you.

Councilman Dicicco

Are there any questions for this witness from the committee? (No questions.)

Councilman Dicicco

Is there anyone else here who wishes to testify for or against the bill?

Councilman Dicicco

Mr. Primavera? (Mr. Primavera comes forward.)

Mr. Primavera

Thank you, Mr. Chairman. Carl Primavera, P-R-I-M-A-V-E-R-A. Along with me is Barbara Capozzi, who is the President of the Packer Park Civic Association. She's also a broker in the area. We're here testifying in support. 21 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 Also, there's a paving ordinance which, I guess, will also be considered simultaneously. But this is a development which has been reviewed by the community very carefully. There's a lot of enthusiasm and support for these new homes. Many people, as you'll hear from Miss Capozzi, have mentioned to her that they would like to move back into the area, and they're waiting for this type of housing to become available. And, hopefully, with the cooperation of Council, we'll be able to make that happen. Barbara Capozzi, just for the record.

Ms. Capozzi

Barbara Capozzi. I'm here in three capacities: the president of the civic association; I'm the Realtor on this development, should it take place; and I'm also the -- my office is immediately next door and adjacent to this development, probably no more 30 feet away. So in those three capacities, I am very anxious to have a quality development next door to me.

Councilman Dicicco

Miss Capozzi, by now it's no secret that there have been some questions that have been raised concerning 22 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 individuals who may be associated either directly or indirectly with the development of this project. But before I get into that, I just wanted to ask you a couple of questions. Your family, the Capozzi family, have been developing real estate in South Philadelphia, and particularly in the Packer Park section for a number of years. Could you tell me how many years that's been?

Ms. Capozzi

My father originally assembled and developed Packer Park in the late '50s, early '60s, and he sold all those homes originally. His office was also in the Packer Park Shopping Center, and he lived there. So he lived and developed, you know, where he -- he always lived in Philadelphia. And I live no more half a block away from my office and from where this development will be. So our interest is 100 percent in a quality development.

Councilman Dicicco

And how many homes would you say -- not counting these proposed homes -- has your family been instrumental in developing in that area? 23 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709

Ms. Capozzi

In this area, there was 1200 homes built and sold in the early '60s. The population is very stable there. There are very few resales, and out of 1200 homes, right now, there's only two on the market. They sell in a week.

Councilman Dicicco

Was your family also involved in the development of the apartment complex down in towards the south of Hartranft Street? I believe it was called the -- where the Packer Park Swim Club was at one time?

Ms. Capozzi

My father built Sheaff Lane and managed it for many years; his original partner owned. It's been resold three times since then, so it's a different developer now.

Councilman Dicicco

So you're no 18 longer managing it.

Ms. Capozzi

No. 20

Councilman Dicicco

But you were part of the -- your father or your family was the -- they were the initial developers.

Ms. Capozzi

They developed the swim club, and I worked there for many years.

Councilman Dicicco

All right. And 24 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 during those years of developing, I'm certain that you probably had --'cause I know Packer Park was done in many phases. I assume that there were several different developers that were used during the development of Packer Park and is continuing now with Britton Estates.

Ms. Capozzi

Right.

Councilman Dicicco

Have you encountered any problems with developers or any of the people that you employed or retained to develop those properties?

Ms. Capozzi

Well, development is a very difficult task. It involves many facets of the building process, and there's a lot of risk involved, and only a certain type of person is willing to take that risk. It's a very scary proposition. And I don't think there's any developer that doesn't have somebody that has something to say about 'em. In this particular case, with the people that are going to develop this parcel, they secured the rights to the ground to the north of me. And when they first started questioning about it, the Planning Commission said that they must 25 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 see the civic association and they must keep the civic association happy and deal with them. And from day one, the developer has done that. He's met with the entire board several times, he met with me hundreds of times. And any suggestions we made, they agreed to. And it's a situation where the developer and the community are working pretty closely together.

Councilman Dicicco

Would you identify for the record the name of the developer.

Ms. Capozzi

The developer is First Anthony Residential Corporation.

Councilman Dicicco

And who will be the Realtor and the person responsible for the closings of the properties and information that is necessary? 'Cause this is new construction.

Ms. Capozzi

Right.

Councilman Dicicco

A lot of times -- and some of things that I've been hearing about, maybe a subcontractor or a project manager to this project may have had some prior problems in notifying new buyers of the tax abatement ordinance that's presently in place with the city. Would that be your responsibility? 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709

Ms. Capozzi

As the Realtor who will hold the listings for these 79 homes, it's my responsibility to make sure that title insurance is secured and that people know about the tax abatement. They do have to apply for the tax abatement themselves, though.

Councilman Dicicco

Are there any other questions from this committee for the witness? The chair will recognize Councilwoman Verna.

Councilwoman Verna

Miss Capozzi, in light of the concerns that have been raised, can you offer the committee any assurance that you will see this project through its completion?

Ms. Capozzi

My office is immediately next door, I own the five acres next door, and there is nothing that I want more than for it to be a flawless development. I have requested and the developers have agreed to a third-party project manager. And right now, it's between two different very reputable firms that will be the on-site project managers for this development. 27 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709

Councilwoman Verna

And has a bond been issued?

Ms. Capozzi

I believe in the ordinance, there is a request for a bond. It was suggested by a member of the City Planning Commission, and I absolutely agreed 100 percent to it and encouraged the builder to agree to it, even though it is more expensive. And he has regretted to it as far, as I know. I believe it's a part of the ordinary.

Mr. Primavera

Councilwoman Verna, again, to make sure that the public improvements will be done and completed to the satisfaction of the Streets Department, there will be a requirement for a bond, which will be issued like a letter of credit or something from a bank. So, without question, there will be security to make sure that the performance meets the requirements of all The city codes. So not only will that help in the sales, but it also makes it easier for the City to make sure that everything that's supposed to be done will be done with regard to the implementation of the street and sidewalk and curbing. 28 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709

Councilwoman Verna

Are there any City monies involved in this project at all?

Ms. Capozzi

None at all; it's all private financing.

Councilwoman Verna

And you have indicated, I think I heard as I was walking in, that the Packer Park Civic Association is in full agreement with this development?

Ms. Capozzi

Absolutely.

Councilwoman Verna

Thank you.

Mr. Primavera

One final note. With regard to this as well as the paving bill, we'd also request a waving of the rules so we could move ahead with the project.

Councilman Dicicco

I just would like, for the record, to make one thing clear. One of the concerns that was brought to my attention about a proposed subcontractor or consultant to the project, that it is alleged that that individual was involved in some other housing developments and there are a number of issues that have been raised, but one in particular, and I want to go back to the issue of the tax abatement. What is the criteria in order for 29 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 somebody to qualify for tax abatement on the new construction, residential real estate construction, Miss Capozzi?

Ms. Capozzi

The builder has to initially make the request and we have requested that Carl do that on behalf of the builder and get a letter from the Board of Revision of Taxes that this development will qualify for a tax abatement. But then once settlement occurs, each individual homeowner must make an individual request to have their taxes abated, which will then be granted unless they owe the City themselves money. And if they owe the City any money in any capacity, they will not be eligible for the tax abatement, which is only fair.

Councilman Dicicco

"They" being the potential home buyers.

Ms. Capozzi

Yes, the potential home buyers.

Councilman Dicicco

Absent that, then the abatement --

Ms. Capozzi

There should be no 25 problems, right. And Mr. Primavera is working on 30 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 a letter from the Board of Revision of Taxes that will clarify that this development is eligible because I am obviously telling that to people; it's a big sales pitch that people --

Councilman Dicicco

It's a marketing tool.

Ms. Capozzi

-- get abatement for three years.

Mr. Primavera

With regard to the abatement, the land tax remains, but the value of the improvements is exempt for three years, starting with the certificate of occupancy. And as Miss Capozzi said, it's up to the homeowner to certify each year that they occupy the property; otherwise, if they were to rent it, it would be eligible under a different program. But we're going to work with Mr. Glancey and the board to make sure that there no 20 wrinkles because it's important, not only for selling the units, to make them attractive and to compete with other developments, but it's also important for the buyers to make sure that they get advantaged by the program which, quite frankly, has been very successful all over the 31 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 city and other developments.

Councilman Dicicco

Yeah. We're trying for a ten-year abatement. Can you tell me who the title company is, either one of you, Miss Capozzi or Mr. Primavera?

Ms. Capozzi

It hasn't been selected yet.

Councilman Dicicco

The title company has not been selected yet?

Ms. Capozzi

No. But there will be a title --

Councilman Dicicco

And who will decide, who will determine who the title company is?

Ms. Capozzi

The title company is always the buyer's choice. It would be easiest and most expeditious if they would use the same title company that will do the title from the transfer of the ground as a whole to the developer. But we are not allowed to suggest or force anybody to pick a title company. So they're free to go to any title company in the city. But 32 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 there will be a title company; I mean, there's no 3 way to have a settlement without it.

Councilman Dicicco

So there's no 5 predetermined title company in this case?

Ms. Capozzi

No. We cannot do that.

Councilman Dicicco

Any other questions from the committee of this witness? Councilmember Nutter.

Councilman Nutter

Thank you. Mr. Chair. And I apologize if you've already answered this question but, Mr. Chairman, you had asked questions about --

Councilman Dicicco

Councilman Nutter, can you raise your microphone a little bit higher.

Councilman Nutter

You had asked questions, I believe, about the tax abatement issue and who applies and how do you make sure the people get what they're supposed to get because of alleged previous problems with someone who may be involved in this particular project. Has that issue been resolved? Or do we know what, if any, involvement that individual may have as it relates to making sure that people will get what they're allowed? 33 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709

Councilman Dicicco

I would ask the witnesses to just reiterate their statements, please.

Mr. Primavera

Yes. This developer, Councilman Nutter, First Anthony Residential Corp., has no problem or a track record with regard to tax abatements. There is an individual who --

Councilman Nutter

Have they gotten the appropriate tax abatement for previous project?

Mr. Primavera

Yes, as far as I'm aware of. The issues that are outstanding pertain to an individual who not an owner of this developer but who is a consultant; he actually had, I believe, looked at this project early on and brought it to the attention of First Anthony and we are convinced that --

Councilman Nutter

What's the consultant's role in this?

Mr. Primavera

Well, he's going to basically -- he brought it to the attention of the developer and he will continue to work through the 34 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 project. But as an extra layer of protection and to make sure everything's done properly, Miss Capozzi mentioned that this will be an independent third-party project manager so that in addition to First Anthony managing the property and developing it, there will also be a third-party construction management team as an extra layer of protection. With regard to the abatements --

Councilman Nutter

So what's the individual going to do?

Mr. Primavera

Well, the scheduling of the work and advancing the job orders and buying materials. I'm sure there will be plenty to do with a job of this size.

Councilman Nutter

So who do the prospective homeowners deal with directly to make sure that they get whatever they're allowed to get by way of the Philadelphia Code?

Mr. Primavera

Well, there will probably be a sales representative from Barbara's office -- it will probably be Barbara, and I'll let her answer that in more detail -- functioning as the broker. With regard to the development 35 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 company, they probably will have, you know, one of their team assigned to this. The project manager is really there to make sure the job is done under the appropriate codes and warranties. They probably wouldn't interface with any individual; that's more on the technical side. But clearly, there will be people in the development side who will be available to answer questions and to work with any community people or any purchasers that have questions. The abatement process is fairly straightforward, and if the purchaser of the property --

Councilman Nutter

Well, we thought it was straightforward. But apparently, this particular individual has been involved supposedly in projects in the past where people did not get the appropriate abatement. I mean, for such a straightforward program, what was the problem?

Mr. Primavera

Well, I don't represent that individual, and I know there's litigation so I don't want to comment as to him. But representing some of the developers, including some of the largest in the 36 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 Northeast that built those of units over the past years, the process requires an application 4 within 60 days from the date of the building 5 permit. 6 If the applicant, which is the 7 developer, doesn't have any tax liabilities to the 8 City, then the developer will be given a 9 certificate that says that that property is 10 entitled to the three-year abatement. And then at 11 the closing, the purchaser will be given 12 confirmation of the abatement status, and it will 13 be up to the purchaser on an annual basis to 14 certify in writing to the board that they occupy 15 the property and that they are not indebted to any 16 taxes. 17 So I'm not sure -- although I'm aware 18 of that individual having some issues and 19 litigation, it seems to me that at least with 20 regard to this project and others that I've been familiar with, if you work with Board of Revision of Taxes and David Glancey, then you're really able to address any issues and make sure the abatements are in place. So we don't anticipate any problem. 37 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 We're sorry about any other project that may have been a problem, but we're not involved in it, we weren't involved with it. And in addition to the litigation, where I'm sure they'll be protected, they should also talk to the Board of Revision of Taxes to see if they can take some corrective action on their behalf.

Councilman Nutter

All right, thank you, Mr. Chairman.

Councilman Dicicco

Just for a matter of clarification, the individual that we're speaking to, about a month or so ago, I was at a civic association meeting in my district in Northern Liberties, and when we discussed some of the bills that are before Council, the issue of extending the tax abatement was a part of the discussion that night. I was informed by some of the people in the audience who live on Brown Street -- and I believe that's the development that is in question here, and some of the people said no one ever told them about the abatement. I had those individuals contact our office, and through further investigation, we find out that there may be some 38 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 concern or questions relating to the people who bought the properties and some of their tax issues. So it is not necessarily just the developer in question here; it may be a question of the developer and/or the home buyers. I'm waiting I think this week, either tomorrow or Wednesday if I'm not mistaken, someone from the Board of Revision of Taxes is coming to my office to discuss each of those individual abatements with me so that we'll have a better understanding as to who is at fault in that matter.

Councilwoman Verna

Did the developer complete the development on Brown Street?

Councilman Dicicco

No, the development has not been completed. I don't understand -- I think the reason is there may have been some -- ran out of money, I guess basically, or something to that nature, but I'm not really familiar with all those details.

Councilwoman Verna

Well, I think that that would be some of the concerns that the community would express.

Mr. Primavera

And we've asked that 39 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 individual to meet with L&I, and he has agreed to set up a meeting. We've even contacted Deputy Commissioner Perry in that regard. So I'm not saying he's obligated or he's at fault, but we, to protect our good name in this project, have asked him to meet with L&I and at least understand what they're saying. And, hopefully, they'll be able to resolve that or, at the very least, you know, come up with some dialogue so that people will know what, if anything, he's either prepared to do or capable of doing.

Councilman Dicicco

And for the record, Mr. Primavera shared with myself and Councilwoman Verna earlier today a letter that Mr. Primavera has sent to Mr. Dave Perry, who's the Deputy Commissioner for Construction Services in the Department of Licenses and Inspections, expressing his concern as to some of the allegations as to the individual in question here today. And it appears to me that Mr. Primavera and Miss Capozzi and others are making every effort to make sure that there aren't any problems with this project going forward. 40 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 Are there any questions from members of this committee? Councilman Rizzo.

Councilman Rizzo

Mr. Chairman, do you have any problem -- and I'm going address the Chair -- to identify who we're talking about here? I keep hearing "an individual," "an individual." Is it a secret who we're talking about here?

Councilman Dicicco

I'll let the attorney answer that.

Mr. Primavera

I would say this: that the name that was brought to our attention by L&I was John Berg, B-E-R-G. And, basically, he's the one that L&I has requested to meet with and that we said that we would be agreeable to that. Again, he doesn't own or control the company that will be developing this property in Packer Park, but he will be affiliated or associated with it. And because of his limited involvement, both the developer and Miss Capozzi, as the broker, want to make sure that his involvement is, one, not a problem in realty, and we're convinced that it would be; but, two, not a problem in perception, because people who are 41 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 doing new business on a new project don't want to be in any way unfairly connected to some prior developments where he may have had a problem. I'm not saying he did or he didn't; I don't the facts of that. But what we've said was, Go and talk to the City, work out your problems, we want you to hopefully be able to clean up whatever history is out there. And he said that he's prepared to meet. He also said that he believes that most of what has been suggested is probably unfair to him, but we don't want to get into that since I don't represent him and we don't know.

Councilman Rizzo

Mr. Primavera, the company going to be the management company, could you say the name again.

Mr. Primavera

Yes. Well, the developer. It's First Anthony Residential Capital Corp. That's an individual -- George David, Sr. and his son, Junior. They've been in real estate for 40 years -- commercial, residential. They're capitalized, and they're in a position to do this project. And Miss Capozzi's company will be the broker. 42 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 Mr. Berg does not have any capital that would allow him to be the developer but he did look at this project years ago and he brought it to First Anthony's attention. They saw it, they spoke to Miss Capozzi. They saw there was a strong mark, and they're hoping to be able to develop it and see it through to fruition.

Councilman Rizzo

Thank you. Thank you very much.

Councilman Dicicco

Any other questions from the committee? Councilwoman Verna.

Councilwoman Verna

Yes, thank you. Mr. Berg will have absolutely nothing to do with this project? He will not be the project manager or will have anything to do with it?

Mr. Primavera

Well, he will. He will not have ownership or control. He will function as a consultant or as an affiliate. He himself has a lot of experience; although in light of what appears to be some type of outstanding dispute with people in the city, you know, his role will be limited. And also, as mentioned, we're 43 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 interposing an outside management company to make sure that everything which is done is done properly. So he will be involved but he will not in a position to make any decisions or any final actions. Those will be reserved to Mr. David, who will be financially responsible for the development. So Berg will be involved but he will not be the one calling the shots. He'll be a functionary, which -- the man's entitled to make a living. So I think that's kind of our decision. As long as he works well with this project and does everything properly, we're not trying to get involved with his prior disputes. And, hopefully, we can be a force of having him resolve his prior disputes. But, again, that's a collateral issue.

Councilman Ortiz

Excuse me. Just following up on Councilwoman Verna's question. You say "consultant." That means that he has no 23 ownership -- 5 percent, percent percent of the property?

Mr. Primavera

That's correct, 44 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 there'll be no ownership, no equity.

Councilman Ortiz

He will be a salaried consultant?

Mr. Primavera

Either commissioned or salaried -- I mean, something unrelated to ownership. I'm not exactly sure of the mechanism but he clearly will not be an owner. Quite frankly, he didn't have the capital to be an owner, which is why he had to bring this project to First Anthony's attention. They are capitalized and are able to go ahead.

Councilman Ortiz

I just wanted to clean up that record.

Councilman Dicicco

Any other questions?

Councilman Cohen

Yeah, just one. Mr. Primavera, are there people who are in the community who are concerned about Mr. Berg's participation?

Mr. Primavera

Well, the people in Packer Park are not concerned because, quite frankly, he has not been the focus of any discussion. The developer has been the focus of the discussion. 45 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 But Mr. Berg's other projects outside of South Philadelphia, apparently, are still an open item so that the neighborhood -- and Miss Capozzi represents Packer Park -- is, you know, anxious to have this development done but they want it done properly. That community has not raised any concern other than the fact that they want to make sure that whatever plagued Berg in the past does not happen here, and we've taken the steps to make sure that that certainly won't happen. So I don't think that they're alarmed or concerned because, as Miss Capozzi said, there's been so many meetings with the developer, they're confident that he can do this and do it properly, and he is not Mr. Berg.

Councilman Cohen

I'd like to address a question to Councilwoman Verna, 'cause you're right in that area. Do you sense that Mr. Berg's involvement will endanger the success of the project?

Councilwoman Verna

Miss Capozzi has assured me that Mr. Berg will have little or nothing to do with this project and that they do 46 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 have a developer. Not only do they have a developer, but they will have an external project manager to make certain that everything goes according to the way it should.

Councilman Cohen

I think that's the critical question.

Councilman Dicicco

The Capozzi family has been involved in housing development in South Philadelphia since the 1950s, and they are the Realtors and the people who will be really steering this project through all the things that need to get done. And they have built over 1200 homes in the Packer Park area, and I don't think they're about ready to make their reputation go down the tubes, I mean, for a lack of a better way of explaining that. But I mean, their reputation is on the line here, and I think that they will continue to do a great job. They've really been an asset to the South Philadelphia community.

Councilwoman Verna

And I don't think they would want to jeopardize what they have built up.

Councilman Cohen

Well, that's the 47 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 reason I'm wondering, why is Mr. Berg still involved if he's not going to be an owner? And I would assume the Capozzi family has the absolute authority to determine what role that Mr. Berg will be playing.

Mr. Primavera

Well, no, it's a little bit different. The Capozzi family will be the brokers, the developer was brought -- this project was brought to the attention of the developer by Mr. Berg, who had apparently been working on it. And if was capitalized, he would have done it himself. When he was unable to do that, he brought it to First Anthony because they were capitalized and they were looking for projects. They were convinced that this was a good project. Quite frankly, having received notice of the project from Berg and having the benefit of his homework and his planning, they couldn't exclude him from it. So I think that part of the way that he's financially benefitting from the work that he's done preliminarily is as a consultant through the development and the ultimate sale. Miss Capozzi does not have the right to 48 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 tell the developer what to do, although he appreciates her insight and, quite frankly, you know, values what she can tell us about the community to make the job better. But we've spoken to the developer and, you know, he feels some obligation to Mr. Berg because he wouldn't have been involved in the project but for that. But he also realizes, both from the reality and the perception, that there has to be so many checks and balances and so many layers of protection that both he, the broker, and the community are protected from any possible problem. And not that it's a good thing, but the fact that there has been recent discussion about other problems and other projects with Mr. Berg, it only makes it that much less likely that anything will go unchecked here. I think the City's going to be aggressively looking at anything that's done. I know the broker is going to be a third-party project manager. There's going to be a bond for the public improvement. So it may well that the recent spate of complaints, whether they're justified or not -- 49 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980709 and I don't know -- will result in just a better job being done for this development. So maybe it's some good news out of some otherwise bad news.

Councilman Cohen

All right, thank you.

Councilman Dicicco

Are there any other questions from the committee? (No further questions at this time.)

Councilman Dicicco

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

Councilman Dicicco

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

The Clerk

Bill No. 980710, an ordinance authorizing the paving of Geary Street, Davinci Drive, and Justinian Circle, under certain terms and conditions..

Councilman Dicicco

Please proceed.

Mr. Lonie

Good afternoon, Councilman DiCicco and members of the committee. My name is 50 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980710 Paul Lonie. I'm the manager of the Survey Bureau of the Department of Streets, and the Streets Department would like to offer the following testimony on Bill No. 980710. This is a companion ordinance to Bill 7 No. 980709, and this is the authorization to enter into a contract to pave Geary Street, Davinci Drive, and Justinian Circle for the development of these new homes. This ordinance is supported by the Department of Streets and is recommended to committee for a favorable action.

Councilman Dicicco

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

Councilman Dicicco

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

Councilman Dicicco

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

The Clerk

Bill No. 980762 has been withdrawn at the request of the sponsor. Bill No. 980803, an ordinance 25 authorizing the revision of lines and grades on 51 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980710 portions of City Plan No. 27-S by striking from the City Plan and vacating the legally open portions of Dilworth Street, from Wolf Street to Ritner Street; by striking from the City Plan Ritner Street from Dilworth Street to Weccacoe Avenue; by vacating Martin Street from Weccacoe Avenue to a point approximately 281 feet southwestwardly therefrom; and by vacating Greenville Street from Weccacoe Avenue to Dilworth Street, all under certain terms and conditions.

Mr. Lonie

Good afternoon, Councilman DiCicco, members of the committee. My name is Paul Lonie. I'm the manager of the Survey Bureau of the Department of Streets, and the Streets Department would like to offer the following testimony on Bill No. 980803. This is not an administration ordinance 19 but an ordinance requested by Mr. Raymond Delkler (ph.), Executive Vice President of Unique Industries Incorporated, 2400 Weccacoe Avenue, Philadelphia. The purpose of this ordinance is to grant legal the authority to close Dilworth Street and Ritner Street and various smaller streets to 52 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980803 facilitate the expansion of a warehouse and to establish secure parking for an increased number of employees. This ordinance is supported by the Department of Streets and is recommended to the committee for favorable action.

Councilman Dicicco

Any questions for this witness? I'm sorry.

Mr. Soffer

Good afternoon, Mr. Chairman and members of the committee. My name is Martin Soffer from the City Planning Commission. The proposed ordinance authorizes the striking from the City Plan of four unneeded streets located in the North Delaware waterfront section of South Philadelphia. The purpose of this ordinance is to enable Unique Industries to construct a warehouse addition in the bed of the former (unintelligible) streets. Therefore, by action at its meeting, on November 19, 1998, the Planning Commission recommends that Bill No. 980803 be approved. Thank you.

Councilman Dicicco

Thank you. Any questions for these witnesses from the committee? 53 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980803 (No questions.)

Councilman Dicicco

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

Councilman Dicicco

Are you asking for a suspension of rules?

Mr. Lonie

Yes, we'd like to ask for that.

Councilman Dicicco

Hearing no other questions, the clerk will read the title of the next bill.

The Clerk

Bill No. 980888, an ordinance authorizing the revision of lines and grates on a portion of City Plan No. 15-S by striking from the City Plan and vacating Alter Street from Broad Street to a point approximately 99 feet west of Broad Street; and reserving and placing on the City Plan a certain right-of-way for drainage purposes and water main purposes within the lines of Alter Street being from stricken from the City Plan and vacated by this ordinance, under certain terms and conditions. 54 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980888

Mr. Lonie

Good afternoon, Councilman DiCicco and members of the committee. My name is Paul Lonie. I'm the manager of the Survey Bureau of the Department of Streets, and the Streets Department would like to offer the following testimony on Bill No. 980888. This is not an administration ordinance 9 but an ordinance requested by Mr. Alex Barabuscio, Alex's Auto Body, 1120 South Broad Street, Philadelphia. The purpose of this ordinance is to grant the legal authority to close the 1400 block of Alter Street for security purposes for the interested party and the Marine Club Apartments. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.

Mr. Soffer

Chairman and members of the committee, the Planning Commission, at its meeting on December 17, 1998, will recommend approval of Bill No. 980888. Thank you.

Councilman Dicicco

Are there any questions from the committee for these witnesses? (No questions.) 55 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980888

Councilman Dicicco

Is there anyone else here who wishes to testify for or against this bill? Please approach the bench and identify yourself for the record.

Mr. Tayoun

Mr. Chairman, my name is James Tayoun, 1321 South Broad Street. With me is and Alex Barabuscio of Alex's Auto Body, and we're very grateful for the speedy efforts given to us by Councilwoman Verna's office for the introduction of this legislation direly needed. And Mr. Barabuscio wants to tell you why he wants this done.

Councilman Dicicco

Alex, pull that microphone close to you.

Mr. Barabuscio

I put a lot of money into the building and what was left to do is the front gate across the building that has an original cyclone fence --

Councilman Dicicco

You need to identify yourself for the record, Alex.

Mr. Barabuscio

It's Alex Barabuscio.

Councilman Dicicco

Spell that last name. 56 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980888

Mr. Barabuscio

Okay. It's B-A-R-A-B-U-S-C-I-O.

Councilman Dicicco

Thank you.

Mr. Barabuscio

There's gates between myself and the Marine Corps building to be torn down and replaced. It's just -- it's old and doesn't go along with the Avenue of the Arts. When they tore it all down, they just rebuilt it again with new iron gates. In fact, there's an architect looking at it, and it will flow with the rest of Broad Street.

Councilman Dicicco

Any other changes to the facade of the building that you're anticipating?

Mr. Barabuscio

No, none at all.

Councilman Dicicco

I mean, the building looks great, by the way. I drive by it all the time when I go home at night.

Mr. Tayoun

Thank you.

Mr. Barabuscio

Thank you.

Mr. Tayoun

And may we request is a suspension of the rules?

Councilman Dicicco

So noted.

Mr. Tayoun

Thank you. 57 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980888

Councilman Dicicco

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

Councilman Dicicco

Thank you.

Mr. Barabuscio

Thank you.

Councilman Dicicco

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

The Clerk

Bill No. 980897, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 307 by relocating a portion of the northerly curbline Clover Street between 12th Street and Camac Street, and relocating a portion of the southerly curbline of Market Street between 12th Street and 13th Street, under certain terms and conditions.

Mr. Lonie

Good afternoon, Councilman DiCicco and members of the committee. My name is Paul Lonie. I'm the manager of the Survey Bureau of the Department of Streets, and the Streets Department would like to offer the following testimony on Bill No. 980897. This is not an administration ordinance 24 but an ordinance requested by Miss Joanne Phillips of Ballard, Spahr, Anderson, and Ingersoll, who 58 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980897 represent Twelfth Street Hotel Associates; it's a limited partnership. The purpose of this ordinance is to increase the size of a pull-in lane at the hotel entrance on Market Street and to widen a portion of Clover Street to allow service vehicles to enter the rear of the hotel. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.

Mr. Soffer

Mr. Chairman and members of the committee, my name is Martin Soffer from the Philadelphia City Planning Commission. The Planning Commission, at its meeting on December 17, 1998, will recommend approval of Bill No. 980897. Thank you.

Councilman Dicicco

You request a suspension of rules, I assume?

Mr. Lonie

Yes, we would like to ask for suspension of the rules.

Councilman Dicicco

Thank you. Any questions from the committee for these witnesses? (No questions.) 59 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980897

Councilman Dicicco

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

Councilman Dicicco

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

The Clerk

Bill No. 980891, an ordinance authorizing the Water Commissioner, on behalf of the City, to enter into agreements with the owners of the properties and their successors of a private street known as "Lafayette Street," from Cresson Street to a dead-end approximately 150 feet northeasterly of Cresson Street for the grant of a right-of-way to the City for drainage, sewer, and water main purposes.

Mr. Mccloskey

Mr. Chairman, if I could have the indulgence of the committee, I would like to testify simultaneously on this bill 20 and the filing bill, 892, since they're companion bills.

Councilman Dicicco

Let the clerk read the title of the second bill, and that way, we'll have it in the record.

Mr. Mccloskey

Thank you very much, 60 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980891 sir.

The Clerk

And Bill No. 980892, an ordinance authorizing the construction of a water main and appurtenant work required to replace a private main to ensure better water supply in portions of a proposed right-of-way for drainage sewer on Lafayette Street, a private street.

Mr. Mccloskey

Good afternoon. My name's Paul McCloskey. I'm an officer for the Water Department of the City of Philadelphia. These two bills, 980891 and 980892, have to deal with a private street by the name of Lafayette Street, which runs from Cresson Street to a dead-end approximately 150 feet northeast of Cresson Street. Bill No. 980892 authorizes the Water Commissioner to construct a water main in this private street from Cresson to the dead-end, 150 feet northeast of Cresson Street, in the 38th Ward. Lafayette Street, as I said, is a private street of single-family dwellings in the East Falls section of the City. The block is currently serviced by private water, private 61 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980892 sewer, and public gas. The facilities were placed in 1905 at private cost. The facilities have outlived their usefulness, and total replacement is required. The water main, in particular, is beyond repair, and temporary measures have been taken to revive water service. The residents have been paying water and sewer bills for over 90 years. A portion of these bills provide for debt service for capital projects such as new water and sewer and reconstruction of water and sewer lines. It is only reasonable that such revenues be used for their own purposes. The revenues received by these properties exceed the construction cost of the new facilities in the street. An assessment will be likely against the owners having frontage in order to absorb a portion of the cost of the constructions, and residents shall be required to connect to the new water main at their cost, in accordance with the City code. Since Lafayette Street is not a public street, the homeowners must grant a subsurface 62 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980892 utility right-of-way to the City. This will allow the City to legally enter the private street to initially construct the utilities and to provide access for future maintenance. Bill No. 980891 provides for the access by authorizing the Water Commissioner, on behalf of the City, to enter into agreements with the owners of the properties and their successors for the grant of the right-of-way to the City for drainage, sewer, and water main purposes. The agreement shall also provide language that the City may place the right-of-way on the City Plan at a future date. We recommend that this bill be favorably reported out of committee.

Councilman Dicicco

Are you requesting a suspension, I assume?

Mr. Mccloskey

Yes, sir.

Councilman Dicicco

Okay. Any questions for this witness from any members of the committee. (No questions.)

Councilman Dicicco

Is there anyone else here who wishes to testify for or against 63 12/07/98 STREETS & SERVICES COMMITTEE - Bill No. 980892 this bill? (No response.)

Councilman Dicicco

Hearing none, this concludes the public hearing of the Committee on Streets and Services. - - -

Councilman Dicicco

We will now go into our public meeting. The Chair recognizes Councilmember Ortiz for a motion on -- on all of the bills, actually.

Councilman Ortiz

I'll do it. Mr. Chairman, I move that Bill No. 980707 be voted out of committee with a favorable recommendation and asking for a suspension of the rules so it can be heard at our next session of City Council. (Duly seconded.)

Councilman Dicicco

It's been properly moved and seconded that Bill No. 980707 be reported out of committee favorably and with a suspension of rules. All those in favor, signify by saying aye. Nay? 64 12/07/98 STREETS & SERVICES COMMITTEE - Public Hearing The bill is approved.

Councilman Ortiz

Mr. Chairman, I move that Bill No. 980709 be voted out of committee with a favorable recommendation and a recommendation for a suspension of the rules of Council so it can be considered at our next session of City Council. (Duly seconded.)

Councilman Dicicco

It's been properly moved and seconded that Bill No. 980709 be reported out of committee favorably and with a suspension of rules. All those in favor, signify by saying aye. Nay? The bill is approved.

Councilman Ortiz

Mr. Chairman, I move that Bill No. 980710 be voted out of committee with a favorable recommendation and a recommendation for a suspension of the rules Council so it can be read at our next session of City Council. (Duly seconded.)

Councilman Dicicco

It's been properly 65 12/07/98 STREETS & SERVICES COMMITTEE - Public Hearing moved and seconded that Bill No. 980710 be reported out of committee with a favorable recommendation and with a suspension of the rules. All those in favor, signify by saying aye. Nay? The bill is approved.

Councilman Ortiz

Bill No. 980762 is withdrawn. Mr. Chairman, I move that Bill No. 12 980803 be moved out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to be considered in the next session of City Council. (Duly seconded.)

Councilman Dicicco

It's been properly moved and seconded that Bill No. 980803 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. Those opposed? The bill is approved. 66 12/07/98 STREETS & SERVICES COMMITTEE - Public Hearing

Councilman Ortiz

Mr. Chairman, I move that Bill No. 980844 be recommended with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit hearing in the next session of City Council. (Duly seconded.)

Councilman Dicicco

It's been properly moved and seconded that Bill No. 980844 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed, nay. The bill is approved. Before we go any further, I failed to mention that Councilmember Richard Mariano is present. You can continue with the motions.

Councilman Ortiz

Okay, Mr. Chairman. I move that Bill No. 980884 be voted out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit hearing in the next 67 12/07/98 STREETS & SERVICES COMMITTEE - Public Hearing session of City Council. (Duly seconded.)

Councilman Dicicco

It's been properly moved and seconded that Bill No. 980884 be reported out of the committee with a favorable recommendation and that the rules of Council be suspended. All those in favor, signify by saying aye. Those opposed, say nay. The bill is approved.

Councilman Ortiz

Mr. Chairman, I move that Bill No. 980885 be voted out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to be considered in the next session of City Council. (Duly seconded.)

Councilman Dicicco

It's been properly moved and seconded that Bill No. 980885 be reported out of committee with a favorable recommendation and that the rules of Council be suspended so as to permit first reading. All those in favor, signify by saying 68 12/07/98 STREETS & SERVICES COMMITTEE - Public Hearing aye. Those opposed, say nay. The ayes have it, the bill is approved.

Councilman Ortiz

Mr. Chairman, I move that Bill No. 980888 be moved out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit hearing in the next session of City Council. (Duly seconded.)

Councilman Dicicco

It's been properly moved and seconded that Bill No. 980888 be reported out of committee with a favorable recommendation and that the rules of Council be suspended so as to permit first reading. All those in favor of the bill, signify by saying aye. Those opposed, say nay. The bill is approved.

Councilman Ortiz

Mr. Chairman, I move that Bill No. 980891 be recommended with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit hearing in the next session of City Council. 69 12/07/98 STREETS & SERVICES COMMITTEE - Public Hearing (Duly seconded.)

Councilman Dicicco

It's been properly moved and seconded that Bill No. 980891 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed, say nay. The bill is approved.

Councilman Ortiz

Mr. Chairman, I move that Bill No. 980892 be recommended with a favorable recommendation and a recommendation that the rules of Council be suspended so as permit hearing in the next session of City Council. (Duly seconded.)

Councilman Dicicco

It's been properly moved and seconded that Bill No. 980892 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed, say no. 70 12/07/98 STREETS & SERVICES COMMITTEE - Public Hearing The bill is approved.

Councilman Ortiz

Mr. Chairman, I move that Bill No. 980896 be recommended with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit reading in the next session of City Council. (Duly seconded.)

Councilman Dicicco

It's been properly moved and seconded that Bill No. 980896 be reported out of committee with a favorable recommendation and that the rules of Council be suspended to allow for first reading. All those in favor of the bill, signify by saying aye. Those opposed, say nay. The bill is approved.

Councilman Ortiz

Mr. Chairman, I move that Bill No. 980897 be recommended with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit reading in the next session of City Council. (Duly seconded.)

Councilman Dicicco

It's been properly moved and seconded that Bill No. 980897 be 71 12/07/98 STREETS & SERVICES COMMITTEE - Public Hearing reported out of committee with a favorable recommendation and that the rules of Council be suspended so as to permit first reading. All those in favor of the bill, signify by saying aye. Nay? The bill is approved.

Councilman Dicicco

This concludes the public meeting of the Committee of Streets and Services. (Adjourned at 4:19 p.m.) - - - 72 C E R T I F I C A T E I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Monday, December 7, 1998, were reported fully and accurately by me, and that this is a correct transcript of same. RE: COUNCIL COMMITTEE ON STREETS AND SERVICES BILL NO.'S 980707, 980884, 980844, 980885, 980896, 980709, 980710, 980803, 980888, 980897, 980891 980892 __________________________________, JOSEPHINE CARDILLO, Registered Professional Reporter