Yes. That starts at 9th and Race and goes down to 6th and Race. COUNCILMAN DiCICCO: Oh, okay. All right. Thank you. Any questions for these witnesses? (No response.) COUNCILMAN DiCICCO: I'm probably going to ask that this bill be held, because I don't know if you gentlemen had an opportunity to see the testimony. You heard the testimony from the City side. Did you get a chance to look at it and review it? CAPTAIN CAMPIONE: No, Councilman. COUNCILMAN DiCICCO: So we'll get you a copy of that. And also I do have some concerns. There are a few small businesses around there that may be impacted if we remove what is currently 102 12/8/09 - STREETS - BILL 090746, etc. public parking, and there's also a concern that I have for the Franklin Square. A lot of tourists go there in the warm weather months when it's operating, with the carousel and the miniature golf, and I'm concerned about that may impact some of their parking needs if we make those two blocks strictly for police personnel. CAPTAIN CAMPIONE: In the past, Councilman, the permits -- COUNCILMAN DiCICCO: Captain, would you please identify yourself. CAPTAIN CAMPIONE: Lou Campione. In the past, the Franklin Square issue was permit parking for HYY. They were able to secure other parking. So that is available. It's still posted as permit parking for HYY, but they're no 22 longer using it. COUNCILMAN DiCICCO: On the north side? CAPTAIN CAMPIONE: Yes, sir. 103 12/8/09 - STREETS - BILL 090746, etc. COUNCILMAN DiCICCO: Okay. Thank you. CAPTAIN CAMPIONE: Thank you, Councilman.
And also in reference to that, on the Franklin Street side of Franklin Square, there are spaces on the west side of Franklin Street that extend from Race up to Vine Street. Mostly Franklin Square parents and other people that attend there usually park along that stretch. Parking Authority has been pretty relaxed, and Channel 12 really hasn't had any assignments come on my screen in reference to complaints of parking in reference to that. COUNCILMAN DiCICCO: It's metered parking?
No. There's non-metered parking there. COUNCILMAN DiCICCO: Thank you. That's helpful. Anyone else? Any questions? (No response.) 104 12/8/09 - STREETS - BILL 090746, etc. COUNCILMAN DiCICCO: Anyone else testifying on this bill? (No response.) COUNCILMAN DiCICCO: Mr. Resnick, would you please come back up. INSPECTOR LIPPO: Councilman, real quick, do you need the dispatchers to testify who were hit by the vehicles? COUNCILMAN DiCICCO: No. 12 INSPECTOR LIPPO: Okay. Thanks for your time, everyone. (Witness approached witness table.) COUNCILMAN DiCICCO: Mr. Resnick, you may have heard that I said I'm going to ask that this bill be held. I need to know that at least your folks will engage with the FOP and the Police to continue to talk about some potential compromises here if we can.
Of course. We'll take a look at the -- COUNCILMAN DiCICCO: Would you 105 12/8/09 - STREETS - BILL 090746, etc. please state your name for the record.
There was a list of parking spots that were submitted, and we had traffic engineers take a look at them, and they did whatever study they do to determine that it's okay to re-designate it. If the officers, the Inspector, the Captain have more lists of streets that we'd look at, we'll take a look at them. COUNCILMAN DiCICCO: That's what I'm asking, that you all get together and see if we can find some other areas.
Not a problem. COUNCILMAN DiCICCO: Okay. Thank you. Thank you, all. Mr. Abernathy, the title of the next bill, please.
Bill No. 090827, an ordinance amending Section 9-605 of The Philadelphia Code, entitled "Towing," to provide a private right of action for persons aggrieved by certain violations 106 12/8/09 - STREETS - BILL 090746, etc. of that Section, including, but not limited to, the provisions establishing maximum charges for towing services, all under certain terms and conditions. Otis Haigler is testifying on behalf of the Administration. (Witness approached witness table.) COUNCILMAN DiCICCO: Good afternoon again, Mr. Haigler.
Good afternoon, Chairman DiCicco and members of the Committee. I'll be very brief. COUNCILMAN DiCICCO: Thank you.
I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today, I am here to provide testimony on Bill 090827, which, if enacted, will amend Section 9-605 of The Philadelphia Code related to towing in order to provide that individuals may file a private right of action lawsuit in order to recover damages from towing 107 12/8/09 - STREETS - BILL 090746, etc. operators that overcharge to tow vehicles in violation of this Section. The Department offers no 5 objections to the enactment of this bill. Thank you. COUNCILMAN DiCICCO: Thank you. Any questions for Mr. Haigler? (No response.)
There is an amendment that was recommended by the Law Department, and we have a copy of that amendment and we would like to offer it for the record. COUNCILMAN DiCICCO: Thank you. Any questions for Mr. Haigler? Councilman Green.
That's a good question. COUNCILMAN DiCICCO: What was 108 12/8/09 - STREETS - BILL 090746, etc. the question? What court?
Yeah. I just wanted to make sure it would be brought in Municipal Court.
I would think it would be in their jurisdiction because it's an amount under $10,000.
Yes. Yes. Under $10,000 is Municipal Court, generally. We had an attorney here a few minutes ago. I think he might have left from the Law Department on that other issue.
The only reason I ask is because I'd hate to burden -- to create a private right of action, it would cause 12 jurors to have to appear for that sort of thing. So we'll -- I'm sure it's fine. We'll answer that after we pass it out of committee.
Sure. COUNCILMAN DiCICCO: If you get 109 12/8/09 - STREETS - BILL 090746, etc. any information, just supply it to the Chair, please, related to that question.
Do I have any information? COUNCILMAN DiCICCO: No. If you get --
Oh, sure. COUNCILMAN DiCICCO: If you find out, just let us know. Thank you. Any other questions? (No response.) COUNCILMAN DiCICCO: Any other witnesses on this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.
I'm sorry. Mr. Al Albright is also here to testify. (Witness approached witness table.) COUNCILMAN DiCICCO: I'm sorry. Good afternoon, Mr. Albright.
Good afternoon, 110 12/8/09 - STREETS - BILL 090746, etc. Councilmembers. COUNCILMAN DiCICCO: I'm going to ask you to identify yourself for the record. We do have copies of your testimony. It appears to be several pages.
Yes. You should have two pages. COUNCILMAN DiCICCO: Not minimizing your concern, if you could possibly summarize it, that would be helpful, since we do have copies.
Yes. Basically I just -- if you already have the information, that's my main concern. I think everyone sees what happened here in this situation. I'd also like everyone to know that this -- I am not the only one this has happened to. I found multiple people through the Internet, through information. And not that they have come forward, but it's amazing the numerous amounts of people that have been wronged 111 12/8/09 - STREETS - BILL 090746, etc. by this industry. And it's not only in the City of Philadelphia, it's pretty much throughout the nation, primarily in the larger cities. Something needs to be done about it. I think you guys are covering everything it looks like to me from a city level, and I'm not sure that there's much more you can do, unless someone will cause damages in excess of $10,000. So I don't know if that would be open. I heard the question about the courts. If someone did get their vehicle damaged by a towing operator or somebody was killed or injured as a result, I would think that would be open to that. And pretty much I think everything here states what it is. I also had sent everything to Alan Butkovitz's office, the Mayor's Office, and it was pretty much a run-around, you can see by my story here. This story has been lightened up. These gentlemen at these towing companies, from 112 12/8/09 - STREETS - BILL 090746, etc. what I gather from everyone's stories, they're all very similar. There's quite a bit of criminal behavior involved as well that has not been dealt with, but I guess that's not something we would speak about here today. But the criminal behavior has got to stop. It's happening in broad daylight, people breaking into cars with Slim Jims without the authorization of the owners. It seems to me that that should be dealt with. COUNCILMAN DiCICCO: Excuse me. Are you saying that people who are breaking into cars are associated with the towing companies?
That is correct, sir. Yes. The towing companies are actually opening some cars occasionally with Slim Jims. They're about two feet long, orange in color. And I've seen it with my own eyes, because I've been watching these people when I come to Philadelphia. In addition to that, L&I -- 113 12/8/09 - STREETS - BILL 090746, etc. just one thing I wanted to mention -- I finally got a hold of someone who, I guess, can do things about something, but it seems to me this industry -- and I don't know if this bill is going to cover this. Somebody was -- their license was revoked. I do not have their name right here in front of me. This company opened up, I guess, under the Department of State as another entity, totally operated -- and Alan Butkovitz's office put a report out about this -- under a different name, called into the police under a different name, operating -- they're the same company, just changing the officers. It seems to me that there's something that can be done about that, because they're able to operate the whole time while they were going through the court system, city level, state level, and from what I understand, that they won, the towing company, on the federal level. It doesn't make sense to me, when someone is totally against the 114 12/8/09 - STREETS - BILL 090746, etc. wall, they have everything against them, and somehow they get free of charges. COUNCILMAN DiCICCO: If you would supply the Chair, my office, with that information.
I have quite a bit of information I can supply you. COUNCILMAN DiCICCO: That would be helpful.
I can supply to all the agencies or the City offices. COUNCILMAN DiCICCO: That would be helpful.
It still didn't get to L&I today. I found that out today. I talked to two people at L&I, and I've been trying to get through to Fran Burns, with no luck. Just like getting to anyone who is on the top level is very difficult to do in the Philadelphia City government. And the assistants are somewhat helpful. However, one of them did tell me today that they can't speak to me anymore for 115 12/8/09 - STREETS - BILL 090746, etc. legal reasons, and they don't work for me, they don't have to answer my questions. And I find that a little bit unbelievable for a City employee, that they don't have to answer my questions, they don't have to answer to me. Well, I'm a citizen of this Commonwealth and I think I deserve answers. But that's what I was told. Also, along the way, my police report from District 12 is MIA, and I'm going to forward that to you, too. District 12, I went there myself because after a two-day shuffle in finding out that my claims that I made against the towing company were unfounded, District 12 lost my police report somehow. I find that highly irregular, according to one of the sergeants in the City of Philadelphia Police. Highly irregular is the word he used. And in addition, the L&I reports, basically you get a ticket number from L&I and this is supposed to 116 12/8/09 - STREETS - BILL 090746, etc. be them going out there and you make a claim that this is going on. Everybody knows in the City what's going on that's anybody. It's all in Alan Butkovitz's report, but yet nothing is done about it. These people are still operating today. They're still accepting cash today. There were 36 signs on my way down here to Philadelphia today that when I went down December 2nd are still the same. All 36 signs on Broad Street from Cheltenham to Cecil B. Moore are all not right. Nothing has been done. So the teeth that L&I is supposed to have must be false teeth, because nothing is happening. COUNCILMAN DiCICCO: What signs are you referring to?
Alan Butkovitz's report stated about all the signage, the legality of the signage. COUNCILMAN DiCICCO: The tow signage?
Yeah. The size 117 12/8/09 - STREETS - BILL 090746, etc. of the signs, the overcharging amounts that are on the signs, improper information. Thirty-six out of 36, from Cheltenham Avenue to Cecil B. Moore, were not corrected yet. And it's been since Alan Butkovitz put together a report 2008. It's approximately a year and a half. Let's call it more than a year. And now it's finally coming to the surface November 10th. The company that towed my car, according to L&I -- I'm getting mixed -- there's mixed information about this. L&I, one day they have one automobile license. I ask the question about don't they need one for every tow truck, because that's what the law states, according to my judge lawyer friend. Two days later, mysteriously they have a whole bunch of automobile licenses in the City of Philadelphia backdated 2005. Very strange. And I'll supply you with that information. COUNCILMAN DiCICCO: Thank you. 118 12/8/09 - STREETS - BILL 090746, etc.
In addition, how do you operate in the City without a license? I don't understand how that's done. Because their issue date, the company that towed my daughter's car, was the day after I made a big stink at their facility, because they thought I was an NBC reporter. COUNCILMAN DiCICCO: Their issue date on the reissuance of the license?
It's a lifetime license, from what I gather. However, the issue date is 10/28/2009. I'd love to have an answer for that, because no 17 one will answer my questions, but I would love to hear the answers. If I could forward that to you, I would love to get your business card. COUNCILMAN DiCICCO: Forward all your information and questions. We'll do our best to respond.
Right. I appreciate your time. Thank you very 119 12/8/09 - STREETS - BILL 090746, etc. much. COUNCILMAN DiCICCO: Thank you. Thank you for coming down. Any questions for this witness? (No response.) COUNCILMAN DiCICCO: Seeing none, anyone else to testify on this bill? (No response.) COUNCILMAN DiCICCO: Mr. Abernathy, the title of the next bill.
Bill No. 090742, an ordinance authorizing the installation of all-way stop signs at the intersection of Eva Street and Summit Avenue; and Bill No. 090745, an ordinance 18 authorizing the installation of all-way stop signs at the intersection of Lare Street and Summit Avenue. (Witness approached witness table.)
Please state your name for the record and please proceed. 120 12/8/09 - STREETS - BILL 090746, etc.
My name is Charles Denny and I'm here to testify on Bill 742 establishing an all-way stop at the intersection of Summit and Eve. The Streets Department objects to this bill. The Pennsylvania Vehicle Code requires PennDOT to develop regulations governing traffic control devices in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. These regulations apply to all public streets and highways in Pennsylvania, and the City Solicitor has ruled that the Streets Department is legally obligated to comply with the Vehicle Code and related PennDOT regulations. Federal and state criteria require that an all-way control be warranted by an engineering study of traffic conditions - police crash records, traffic volumes, speed, sight distance. Our study concluded that the conditions at this location do not 121 12/8/09 - STREETS - BILL 090746, etc. satisfy the federal and state warrants for an all-way stop control. The warrants for an all-way stop control were analyzed, and the following is a description of the analysis with traffic conditions at the intersection of Summit Avenue and Eva. Warrant I relates to locations where a traffic signal is warranted, but for some reason cannot be immediately installed. An all-way stop control can be established temporarily, pending a traffic signal installation. Conditions do not satisfy the state's warrants for a traffic signal here. Therefore, Warrant I is not satisfied. Warrant II relates to crash experiences. Police crash records of five or more crashes within a 12-month period corrected by an all-way stop sign installation satisfy the warrant. According to police crash records, for the period between 2005 and the present, there's only been one correctable crash 122 12/8/09 - STREETS - BILL 090746, etc. at this intersection. Therefore, Warrant II is not satisfied. Warrant III relates to vehicles and pedestrian volumes. It requires that the total vehicle volume on the major street, Eva, average at least 300 vehicles per hour for any eight hours of the average day; the combined vehicle and pedestrian volume on the minor street, Summit, average at least 200 vehicles and pedestrians per hour for the same eight hours. The actual count of vehicles and pedestrians entering the intersection from Summit averages 40 vehicles per hour, while no pedestrians were observed crossing. This is percent of the 18 required minimum 200 vehicles per hour 19 for the minor street. Therefore, Warrant 20 III is not satisfied. 21 At the intersection of Summit 22 and Eva, we are not dealing with a 23 borderline situation, but rather one in 24 which prevailing conditions fall far 25 short of the minimum required by the 123 12/8/09 - STREETS - BILL 090746, etc. Federal Highway Manual and the Pennsylvania Vehicle Code for the installation of an all-way control. Furthermore, less than 200 feet south of this intersection, Eva Street is stopped at Evergreen. Therefore, cars heading south are already de-accelerating at Summit. Additionally, adding too many all-way stops over a short distance lowers the effectiveness of these stops. Based on the results of the study, the Streets Department cannot support the installation of an all-way stop at this intersection and, therefore, cannot support this bill. Thank you for the opportunity to appear before you today. I would be happy to answer any questions at this time.
Mr. Denny, before we get to the next one, any questions? (No response.)
124 12/8/09 - STREETS - BILL 090746, etc. Apparently not. In the interest of time, rather than reading your whole statement again, which is basically the same on the next bill, maybe you just want to kind of summarize, because I think I know where you're going with this.
You don't have to read all the warrants and all. We have it, and this will be made part of the record. Oh, I'm sorry. Excuse me one second. Councilwoman Miller.
Can you tell me where Summit Avenue and -- what is that street?
Summit and Lare. Summit Street runs from Eva to Ridge and it's just south of Port Royal. Lare is west of Ridge towards the river.
Okay. 125 12/8/09 - STREETS - BILL 090746, etc. Thank you.
Okay. Thank you. You can summarize maybe, Mr. Denny, on the other two.
Bill 090745, an all-way for -- establishing an all-way control at Summit and Lare Street. Based on police crash records, there were no crashes from 2005 to the present. In terms of volumes, there were ten vehicles per hour on Lare Street and no pedestrians observed crossing. Therefore, warrants were not satisfied. The basic conclusion is that the volumes and crash history do not support installing an all-way stop at this location.
Okay. Thank you, sir. Any questions for Mr. Denny? (No response.) 126 12/8/09 - STREETS - BILL 090746, etc.
Thank you, Mr. Denny. I understand there's a witness for each of these bills, Mr. Abernathy.
Mr. Michael Novak and Mr. Nick DiPiero. (Witness approached witness table.)
Okay. If you have a statement, it will be made part of the record and maybe you could just sort of summarize. I don't know if that's a statement you're giving up. You don't have to read the whole thing.
My name is Michael Novak. I live at the intersection of Summit Avenue and Eva Street. I will summarize this, because I have handed my statement out.
My requests go back to 2007, and we received a similar report from Mr. Denny, as a matter of fact. After that, I petitioned Councilman Jones and Josh Cohen to assist me in the matter. They were gracious enough to install -- to have installed a mile an 9 hour speed limit sign on Summit Avenue, 10 but the conditions still exist. 11 I'll fast forward this just to 12 capture a couple points. 13 Eva Street was never intended 14 nor designed to handle the increased 15 vehicular traffic. Vehicles observed 16 traveling at speeds in excess of 50 miles 17 an hour in this stretch between -- in the 18 upper Roxborough reservoir area. Many 19 traffic tickets have been written by 20 police officers who apprehended drivers 21 for failure to stop at a stop sign on Eva 22 Street and Evergreen. Cars not stopping 23 on Eva Street before turning into Summit 24 are doing so at high speeds. Proof of 25 this is a traffic accident resulting in a 128 12/8/09 - STREETS - BILL 090746, etc. loss -- in damage to my personal vehicle parked in front of my house. I think the most telling evidence here would be the graphics that I provided with this attachment, which indicate a narrowing of Eva Street from Evergreen to beyond the Summit Avenue intersection. After the stop sign, Eva Street narrows from 35 feet down to 11 feet, then to 20 feet in less than half a 12 block. This funnels traffic heading 13 northwest into the opposite lanes, 14 creating many near misses. This 15 condition is worsened when vehicles are 16 parked on Eva Street. Because Eva Street 17 narrows by 15 feet at Summit, northwest 18 vehicles have been observed hitting the 19 culvert at Summit and Eva at high speeds, 20 becoming airborne for several feet and 21 blowing out tires on the passenger side. 22
No. Eva Street is 25 two way. 129 12/8/09 - STREETS - BILL 090746, etc.
I understand the subject intersection did not meet federal and state warrants for a stop sign, according to Traffic Department studies. How then does the intersection of Evergreen and Eva meet the criteria for a stop sign, Eva being only one short block away from Summit? The same vehicular traffic flows on Eva through both intersections. The only difference is between intersections is a once private driveway at Evergreen which provides access to a small number of homes in the Shawmont Woods. In conclusion, I ask this committee to consider this petition not on the quantitative criteria and findings of the Traffic Department studies and on the federal and state warrants referenced above, but on the improved safety of motorists, pedestrians, parents and children of the daycare center and 130 12/8/09 - STREETS - BILL 090746, etc. members of the local religious congregation on Eva Street. A copy of the supportive e-mail from Pastor George Cunard of The Worship Center attached. And for the sake of time -- and I know that's important right now -- I won't discuss the carnage that besets the local toad population during the annual toad migration across Eva Street each fall, which causes the street to be closed to traffic by the Streets Department. And that was a joke. Thank you for the --
Thank you, Mr. Novak. Any questions for Mr. Novak? (No response.)
Seeing none, thank you very much for coming down. Sorry for the long delay there. 131 12/8/09 - STREETS - BILL 090746, etc.
Anyone else to testify on these two bills? (No response.)
Bill No. 090811, an ordinance authorizing the Korean Community Development Services Center to construct, own and maintain three benches near the northeast corner of West Tabor Road and North 5th Street, and near the southwest and northeast corners of West Olney Avenue and North 5th Street, all under certain terms and conditions. (Witness approached witness table.)
Good afternoon, Mr. Black. If you could identify yourself for the record. It looks like you have a short testimony.
On this one. Good afternoon, Chairman and 132 12/8/09 - STREETS - BILL 090746, etc. members of the Committee. My name is Robert Black and I'm a construction engineer with the Streets Department. I am here to offer the following testimony for Bill No. 090811. There are a total of three concrete benches that are six-feet long, inches wide and inches high. There 10 would be no advertisements on the 11 benches. The first bench is near the 12 northeast corner of North 5th Street and 13 Tabor Avenue, leaving a clear pedestrian 14 passage of 6 feet, 11 inches. The second 15 bench is near the southwest corner of 16 North 5th Street and Olney Avenue, 17 leaving a clear pedestrian passage of 6 18 feet, 10 inches. The third bench is near 19 the northeast corner of North 5th Street 20 and Olney Avenue, leaving a clear pedestrian passage of 8 feet, 2 inches. The Streets Department has reviewed the plans for this project. This bill is supported by the Department of Streets and is recommended to your 133 12/8/09 - STREETS - BILL 090746, etc. committee for favorable action.
Thank you. We're glad we're finally agreeing on something here.
Thank you. Any questions for Mr. Black? (No response.)
Good afternoon, sir. Please identify yourself for the record and proceed.
Paul Aylesworth of the Korean Community Development Services Center. I manage the North 5th Street revitalization project. I'll keep my comments brief. 134 12/8/09 - STREETS - BILL 090746, etc. I'd like to thank Mr. Black and the Streets Department, as well as Councilwoman Tasco's office for their support of this project. In addition to being benches and great places for people to take a rest while they're waiting for the bus, these benches will include mosaics, which are a partnership between our project and a Mural Arts project and a real benefit to the community. So thank you.
Thank you, sir. Thank you for coming. Anybody else to testify on this bill? (No response.)
Bill No. 090848, an ordinance authorizing the installation of 135 12/8/09 - STREETS - BILL 090746, etc. all-way stop signs at the intersection of Lawndale Street and Bleigh Avenue. (Witness approached witness table.)
Please proceed. Again, if you have testimony, you can just summarize it. Thank you.
The police crash records of -- all right. According to police crash records from January to November of 2009, there have been no 19 crashes that were remedial at this intersection. The intersection is a mid-block location on the 1100 of Bleigh. Bleigh is a non-stop street here. It has an all-way stop at Bingham 200 feet to the west of Bleigh Avenue, and it also has an 136 12/8/09 - STREETS - BILL 090746, etc. all-way stop control at the intersection of Bleigh and Tabor, which is 200 feet to the east. Adding too many stop signs over a short distance lowers the effectiveness of stops.
Not supportive. Thank you. Thank you. And obviously that testimony will be made part of the record. Mr. Lopez, when you were here, I thought you were just checking to make sure we're doing our job right. You're actually here to --
Mr. Lopez, that will be made part of the record, so you don't necessarily have to read the whole testimony. 137 12/8/09 - STREETS - BILL 090746, etc.
Okay. I did want to point out that I understand from Traffic Engineering that there are mitigating circumstances. There is an elementary school one half block from this intersection. We are one block north of Cottman Avenue, and frequently this street, Bleigh, the cross street, is used as a throughway for people trying to avoid the intersection of Cottman and Rising Sun. Traffic is dense. It's fast. The fact that there have been no 14 reported accidents, according to police records, is because frequently in the Second Police District it is very difficult to get a police officer to take a traffic accident. They're very, very busy in that district. So folks have been instructed by Police Radio to just exchange information and go on about their business, reporting it to their insurance companies. We understand that too many signs minimize the impact of the signage. 138 12/8/09 - STREETS - BILL 090746, etc. We think because of the proximity to Kennedy Crossan Elementary School, that this intersection warrants intervention on behalf of this most esteemed panel, and we respectfully submit over 50 signatures, plus four letters. The letters that I provided to you today are from Debbie Price, resident of 7300 block of Lawndale Street; Jennifer Matthews; Tim and Marie Hartman; Steve and Nicole Orehowsky; myself. I'm also the Democratic Committee Person for the area. Earlier today the Republican Committee Person for the area did check in, but had to go back across the street to work. Mike Cosgrove, for the record. We are in agreement. This is not a partisan issue. It's a public safety issue, and I have spoke to hundreds and hundreds of area residents, all who are in agreement that we could really use some relief at this intersection.
Thank 139 12/8/09 - STREETS - BILL 090746, etc. you. And the petition has how many signatures on it?
Over 50, and we've provided four letters of support in response to this ordinance as well.
And they'll all be made part of the record, obviously. Just one thing you said that kind of got me. I understand that the police can't come out there on everything. They might have other things they have to do. But they don't provide a way you can provide a report later? They just basically don't take any record of it?
I have called myself from cell phones. I'm about three-quarters of a block from this intersection, and I have called the police on my cell phone to report accidents at the intersection and was told that the folks -- because of the back-up in the Second Police District, as 140 12/8/09 - STREETS - BILL 090746, etc. one of the busier in the City at this point, that it may be advantageous, if there are no injuries -- and this was directed to me personally over the phone -- if there are no injuries, just to exchange information and it can go to their area police district and make a report in that fashion.
Yes. Go to the local police district and they can file a report at the police district.
From what you first said, I thought you said just go to the insurance company.
No. What was expressed to us is that it would be several hours for a call such as that where there are no injuries, it could be 141 12/8/09 - STREETS - BILL 090746, etc. several hours before they could get somebody out on the scene.
But they can go later, and they should be part of the record eventually.
Wait a minute. You know how this works. You have to identify yourself.
Aaron Finestone from Councilman O'Neill's office. We would ask for a suspension of the rules. Thank you.
Any questions, comments? 142 12/8/09 - STREETS - BILL 090746, etc. (No response.)
Bill No. 090749, an ordinance amending Section 11-301 of The Philadelphia Code, entitled "Street Improvements," to revise the method by which the Board of Surveyors may approve supplemental plans relocating the curblines and changing the roadway widths of streets. (Witnesses approached witness table.)
Good afternoon, Mr. Erickson and Mr. Morelli again. Who would like to go first?
I'll begin. Good afternoon, Chairman and members of the Committee. My name is Frank Morelli, Survey Bureau Manager for the Department of Streets, and the Department would like to offer the following testimony on Bill No. 090749. 143 12/8/09 - STREETS - BILL 090746, etc. This is an administrative ordinance requested by David J. Perri, Chief Engineer for the Streets Department. The purpose of this ordinance 7 is to amend Section 11-301 of The Philadelphia Code, entitled "Street Improvements," to revise the method by which the Board of Surveyors may approve supplemental plans relocating the curblines and changing the roadway widths of streets. This section of the Code allows such changes, commonly known as bump-outs and lay-bys, to be shown on the City Plan without going through the full City Plan action process to confirm to a revision of lines and grades and provide a means by which the City maintains an official record of the location and extent of such bump-outs and lay-bys. Curbline changes made under this Section 23 must be for distance of less than an entire block and may not affect the abutting house lines. The new language 144 12/8/09 - STREETS - BILL 090746, etc. to be established by this ordinance will spell out the purposes for which such changes in curbline locations and roadway widths may be made, those purposes being to facilitate traffic or pedestrian movement or to improve storm water management. This Code amendment will also provide that in instances where such requests by private parties, the party-in-interest shall be required to file an agreement, under the terms of which the party-in-interest shall be responsible for maintaining the roadway and sidewalk paving within the affected area at his or her sole cost and expense and shall indemnify the City from and against all damage or claims of damage which may arise as a result of the requested action. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.
Thank 145 12/8/09 - STREETS - BILL 090746, etc. you. Mr. Erickson.
Good afternoon, Chairman and members of the Streets and Services Committee. I am William Erickson, a City Planner with the Development Planning Division of the Philadelphia Planning Commission. I am here to testify on Bill No. 090749, which Councilman DiCicco introduced into City Council on October 22nd, 2009. This bill will amend Section 14 11-301 of The Philadelphia Code, entitled "Street Improvements," to revise the method by which the Board of Surveyors may approve supplemental plans relocating the curblines and changing the roadway widths of streets. The Philadelphia City Planning Commission reviewed Bill No. 090749 at its meeting on November 17th, 2009. After discussion with the Streets Department, the Board of Surveyors will adopt a regulation which will require a 146 12/8/09 - STREETS - BILL 090746, etc. written affirmation from the Executive Director of the Philadelphia Planning Commission prior to approval of any supplemental plan. Accordingly, we recommend that Bill No. 090749 be approved. This concludes my testimony. I appreciate the opportunity to appear before you.
Thank you, sir. Any questions or comments? (No response.)
Seeing none, thank you very much. Anybody else here to testify? (No response.)
Seeing none, Mr. Abernathy, I think we have three bills to call at one time.
Bill No. 090812, an ordinance amending Section 9-203 of The Philadelphia Code, entitled "Street Vendors," by permitting street vending on 147 12/8/09 - STREETS - BILL 090746, etc. designated streets and making certain technical changes, all under certain terms and conditions; and Bill No. 090832, an ordinance 6 authorizing John Byrne, owner of Pasiano's, 7100 Tulip Street, Philadelphia, to legalize the construction, operation and maintenance of an existing enclosed set of stairs located on the Princeton Avenue side of that property, under certain terms and conditions; and Bill No. 090713, an ordinance 15 granting permission to Bharat Patel, owner of the newsstand at the southwest corner of Broad Street and Arch Street, to construct, use and maintain an electrical conduit with an electrical service line and a telecommunications conduit with a telephone service line in and under the public rights-of-way for the purpose of supplying electrical service and telephone service to the newsstand, under certain terms and 148 12/8/09 - STREETS - BILL 090746, etc. conditions.
The first bill, I have Mr. Haigler. I understand we got an amendment on that. We have it here. I don't know if you have it. Would you just like to make a brief comment on the amendment or on the matter.
I can't speak to the -- I'm sorry. I'm Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. I can't speak as to the amendment because I haven't seen it, but as far as the bill itself, the Department offers no objection to the enactment of 812.
Thank you very much. Mr. Black, on the next two 149 12/8/09 - STREETS - BILL 090746, etc. bills, 832 and 713. Again, I understand there's an amendment. Do you have any addition or comment on either the bill or the amendment?
Good afternoon, Chairman and members of the Committee. My name is Robert Black. I'm here to provide testimony for 090713. For the record, I am aware of the technical amendment to this bill that was presented to the Committee directly by William Carter. The Streets Department has reviewed the construction plans for this project and has no 16 objections to the passage of the bill.
Okay. Thank you very much. Any questions? (No response.)
Good afternoon. My name is Robert Black. I'm a construction engineer here to offer the following 150 12/8/09 - STREETS - BILL 090746, etc. testimony for 090832. For the record, at this time I offer up a proposed amendment. The Streets Department has reviewed the existing plans for this project. This amended bill is supported by the Department of Streets and is recommended to your committee for favorable action.
Bill No. 090741, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 296, in the area laying northwest of Shawmont Avenue and southwest of Eva Street, by striking from the City Plan and abandoning a portion of a right-of-way for sewers and placing on the City Plan, in an alternate location within the same area, a right-of-way for 151 12/8/09 - STREETS - BILL 090746, etc. drainage purposes and water main purposes and authorizing acceptance of the grant to the City of the said right-of-way being placed, under certain terms and conditions; and Bill No. 090743, an ordinance 8 establishing a no parking regulation on the 5000 block of Nevada Street, on the southern side; and Bill No. 090747, an ordinance 12 amending Section 9-213 of The Philadelphia Code, entitled "Farmers' Markets," by adding as a permissible location the west side of North 12th Street from Cuthbert Street to Arch Street, all under certain terms and conditions; and Bill No. 090748, an ordinance 20 amending Section 9-204 of The Philadelphia Code, entitled "Sidewalk Vendors in Center City," by eliminating previously designated vendor locations on the east side of 5th Street, from Market Street to Ludlow Street and from Ranstead 152 12/8/09 - STREETS - BILL 090746, etc. Street to Chestnut Street; by adding to the list of locations that shall be designated for vending both sides of 5th Street, from Market Street to Ludlow Street, and Market Street, from Fourth Street to Fifth Street; and by designating additional vendor locations on the east side of 5th Street, between Ranstead Street and Chestnut Street; and Bill No. 090775, an ordinance 12 authorizing the Philadelphia Housing Authority to construct, own and maintain a handicap ramp and stairs at 2201 to 2207 West Venango Street, Philadelphia, under certain terms and conditions; and Bill No. 090779, an ordinance 18 establishing a no truck parking regulation on Lancaster Avenue, between North 61st Street and North 62nd Street, south side; and Bill No. 090781, an ordinance 23 authorizing New Kensington Community Development Corporation to construct, own and maintain two bus shelters, twelve 153 12/8/09 - STREETS - BILL 090746, etc. decorative signs, eleven four-foot benches, eight six-foot benches, and thirty-four trash receptacles on the east and west footway of Frankford Avenue, from East Columbia Avenue to York Street, all under certain terms and conditions; and Bill No. 090848, an ordinance 10 authorizing the installation of all-way stop signs at the intersection of Lawndale --
I understand. Thank you, Mr. Abernathy. For the record, on all these bills, there has been testimony submitted by the Administration. Unless any of you gentlemen would like to add anything --
-- we'll just submit that as part of the record, 154 12/8/09 - STREETS - BILL 090746, etc. unless you just want to make this hearing go even longer. Is there any questions or comments by members of the Committee? (No response.)
Seeing none, that concludes our hearing of the Streets and Services Committee, and the meeting will commence in just --
I would like to hear testimony on just one bill, and that's 090747.
Good afternoon, Chairman Greenlee and members of the Committee. I'm Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. I'm here to provide testimony on Bill 155 12/8/09 - STREETS - BILL 090746, etc. 090747, which, if enacted, will amend Section 9-213, entitled "Farmers' Markets," to add the west side of North 12th Street from Cuthbert to Arch Street to the list of permissible locations where such activity may be conducted. The Department of Licenses and Inspections offers no objections to the enactment of this bill.
Thank you. So the west side is, I think -- I guess the west side would be the side Maggiano's is on, which is where a major parking center is for the Convention Center.
So how much space do we require to be open to have a farmers market? I mean, how much -- if 156 12/8/09 - STREETS - BILL 090746, etc. we authorize this legislation, how much space will they be able to take of the sidewalk?
Based on other requirements for other activity that's done on the sidewalk; in particular, sidewalk cafes, based on that knowledge I have of that, we generally allow five feet of openable sidewalk space after you place your structures. That's from the market itself to any other structures on the sidewalk.
Are you aware that this is a property that is likely eventually to be developed as a hotel and we are allowing somebody literally across the street to cross the street and in a public street have a farmers market in front of a potentially major development site?
I wasn't aware. I'm not aware of the particulars related to the area.
But, I mean, 157 12/8/09 - STREETS - BILL 090746, etc. if we pass this, are there any restrictions you're aware of on how much of the sidewalk that they would be able to take up?
They would have to allow whatever the minimum allowable clear openable sidewalk --
I can't, because that's not usually in my area. That's in the Streets Department's area to determine the required public right-of-way -- the space that you need for pedestrian right-of-way in the public right-of-way.
Okay. I mean, for the record, I have an objection to this bill that is going to block the sidewalk to the Convention Center from a 158 12/8/09 - STREETS - BILL 090746, etc. major parking thoroughfare without -- I just don't know enough about it. I don't know what the law is with respect to that, and I would respectfully ask my colleagues to just hold this one bill 7 while we get the information on that. I'm not opposed to it, but I'd like to hold it.
That's Bill No. 090747. And just for the record -- and I guess we're supposed to say this at the meeting -- that bill will be recessed until Thursday, December 10th at 9:15 a.m. or thereabouts whenever we deal with those four hearings we're dealing with.
Fine. I'll see if I could get the information as to the requirements for the allowable sidewalk space by that time.
All right. So that bill will be held until 159 12/8/09 - STREETS - BILL 090746, etc. Thursday's Streets and Services Committee meeting. Thank you. Any other questions or comments? (No response.)
Seeing none, again, that will conclude the hearing of the Committee on Streets and Services, and we're going to go into the public meeting, and the Vice-Chair, Councilwoman Sanchez, will take over, because I'm tired.
Now I got to do all the talking? So we have the public hearing. We do have a quorum established. Brian, we do?
So we will hold Bill 090746, Bill 090838, 090839, 090840, 090846, are all being held. We will amend several bills and then move for the passing of the rest. So I'm going to call on Councilman 160 12/8/09 - STREETS - BILL 090746, etc. Greenlee for an amendment on Bill 090827.
Thank you, Madam Chair. I move that Bill No. 5 090827, the amendment thereof, be approved. (Duly seconded.)
Thank you, Madam Chair. I move that Bill No. 16 090827, as amended, be reported out of committee with a favorable recommendation and a rules suspension to allow for first reading at our next session of Council. (Duly seconded.)
A motion on Bill 090742, Councilman Greenlee. 161 12/8/09 - STREETS - BILL 090746, etc. (Off-the-record discussion.) We're going to do 090812, 090832, 090713, amend and then we will do a consent agenda for the rest of them. The amendments we'll do separately.
Thank you, Madam Chair. I move the approval of the amendment to Bill No. 090812.
A motion for Bill 090832, amendment. (Off-the-record discussion.)
Thank you, Madam Chair. I move that Bill 22 090812, as amended, be reported out of committee with a favorable recommendation and a rules suspension to allow for first reading at the next session of Council. 162 12/8/09 - STREETS - BILL 090746, etc.
Madam Chair, I move the approval of the amendment to Bill No. 090832. (Duly seconded.)
I move that Bill 090832, as amended, be reported out of committee with a favorable recommendation and the rules of Council be suspended to allow for first reading at the next session of Council. (Duly seconded.) 163 12/8/09 - STREETS - BILL 090746, etc.
Madam Chair, I move the approval of the amendment to Bill No. 090713. (Duly seconded.)
Madam Chair, I move that Bill No. 090713, as amended, be reported out of committee with a favorable recommendation and the 164 12/8/09 - STREETS - BILL 090746, etc. rules of Council be suspended to allow for first reading at the next session of Council. (Duly seconded.)
The bill 13 is moved and amended. Therefore, I'm going to ask Councilman Bill Greenlee for a motion on a consent agenda for Bill 090742, 090745, 090811, 090749, 090741, 090743, 090748, 090775, 090779, 090781 and 090848. All in favor that we have a consent agenda on all these items? (Aye.)
Okay. A 165 12/8/09 - STREETS - BILL 090746, etc. motion from Councilman Greenlee.