COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING - COMMITTEE ON STREETS AND SERVICES - - - Room 400, City Hall Philadelphia, Pennsylvania Tuesday, June 7, 2005, 10:30 a.m. BILLS 050420, 050511, 050269, 050362, 050457, 050468, 050374, 050375, 050376, 050458, 050469, 050512, 050417, 050514, 050516 and 050517 PRESENT: COUNCILMAN FRANK DiCICCO COUNCILMAN JUAN F. RAMOS COUNCILMAN DAVID COHEN COUNCILWOMAN DONNA REED MILLER COUNCILMAN FRANK RIZZO COUNCILMAN DARRELL L. CLARKE V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, PA 19103 215.561.2220 215.567.2670 2 June 7, 2005 - Streets and Services COUNCILMAN DiCICCO: Good morning, everyone. I sincerely apologize. I turned 59 two weeks ago and I had a lapse in memory from the third floor up that this was my hearing. I apologize for being late. I was in the building, but, again, I apologize. There is a quorum. Councilman Rizzo and Councilman Darrell Clarke and Councilman Juan Ramos, the Vice-Chair of the Streets and Services Committee. We're in a public meeting of the Committee of Streets and Services. The clerk will read the title of the first bill.
Bill No. 050420, an Ordinance amending Chapter 9-200 of The Philadelphia Code, entitled "Commercial Activities on Streets," by amending Section 18 9-211, entitled "Boxes for the Distribution for Printed Material," which created a trial period granting the City of Philadelphia regulatory authority over the maintenance, specifications and placement of newspaper boxes on the public sidewalk, all under certain terms and conditions. COUNCILMAN DiCICCO: Good 3 June 7, 2005 - Streets and Services morning. DEPUTY COMMISSIONER VERDI: Good morning, Councilman DiCicco and members of the committee. I'm Dominic Verdi, Deputy Commissioner for the Department of License and Inspections. Today I am here to provide testimony on Bill 050420, which, if enacted, will amend Title 9-211 of The Philadelphia Code related to the placement of newspaper publishing boxes in the public right-of-way. The proposed amendments result from the cooperative efforts of the Managing Director's offices, License and Inspections, the Law Department, Center City District and the publishers. Many of the proposed amendments are technical in nature. An amendment substance will be to extend the current boundaries of the affected area to Bainbridge Street to the south, Columbus Boulevard to the east, Vine Street to the north and the Schuylkill River to the west. Also included for enforcement under the provisions of this ordinance is the entire length of Benjamin Franklin Parkway. 4 June 7, 2005 - Streets and Services Another feature of the proposed legislation is that it will provide for the equitable assessment of license fees to publishers wishing to place their boxes in the public right. The fee for any box to be located in the right-of-way will be a flat fee of $10 per publisher box. All other provisions related to maintenance and design remain the same and will continue to be enforced by the Department. Thank you for the opportunity to provide the Department's testimony on Bill 14 050420. I'll be happy to answer any questions at this time. COUNCILMAN DiCICCO: Thank you, Mr. Verdi, for your testimony. Councilman Rizzo.
Thank you, Mr. Chairman. Deputy Commissioner, I'm interested in the maintenance part. I've been to other cities where I've seen the corrals. First of all, is this amendment expanding an area or is it actually creating what we call, I guess, 5 June 7, 2005 - Streets and Services the corrals? What exactly -- DEPUTY COMMISSIONER VERDI: At this time, there's no plan to create any type of physical corral. In Center City what we did, Councilman, is, we laid out the areas through the Street Department where boxes would be able to legally be placed. The reason for the corral issue, that no corrals, no physical barriers, were put up is it basically would stop the expansion, if needed, for publishers to add other boxes or new publishers to come in. This bill also expands the area to Bainbridge Street and also the Ben Franklin Parkway where we're having problems, and through Council's office and through complaints that we did receive, that's the reason why we wanted to expand that area, to further enforce the bill.
So we'll have X number of boxes but no physical piping or supports to -- so how do they secure them? COUNCILMAN DiCICCO: There are -- 6 June 7, 2005 - Streets and Services DEPUTY COMMISSIONER VERDI: At this point, Center City District is working with an engineer to develop more or less of an invisible corral that will be able to expand or contract depending on how many boxes are there. It would be up to the area that the boxes are in to work within that district to see if those types of corrals will work. Just to give you a for instance, when the original test cases were done approximately three years ago and we installed corrals, there was physical corrals on Market Street. The reason the corrals themselves didn't work was, one, is because of the maintenance. There was an overwhelming cost to maintenance where people would put stickers on them or spray paint them or graffiti them. The other secondary issue was, as publishers grew and naturally we have to go with the Constitution of Freedom of Speech and we had to allow other boxes to be placed there. They now had to be placed outside the corral, which made it look worse than it was originally. 7 June 7, 2005 - Streets and Services So at this point, to have anything physically set in the concrete would be a detriment to the aesthetics of the streetscape.
So how do they secure them? DEPUTY COMMISSIONER VERDI: At this point, like I said, the engineer is working with the Center City District and they have come up with more or less an invisible corral that's able to go around the boxes or through the boxes. It's still being worked on. It's gone back and forth in design. COUNCILMAN DiCICCO: Just a point of information. There are corrals that are out there today that were the original corrals that Mr. Verdi spoke about when we first tried to address this issue of these honor boxes just popping up everywhere. I mean, I used the expression in one of the hearings if you stand still long enough on a street corner in Center City, a box could be attached to your leg. I mean, it's funny, but it's the truth, because they just pop up 8 June 7, 2005 - Streets and Services literally over night. And when we tried to put some restrictions, we ran into the issue of the First Amendment issue. The publishing agencies were upset about the fact that we were trying to restrict their ability to sell their product or advertise their product. So it is a very difficult area because of the First Amendment issue. We came to some agreement on a process by affording as many of these honor boxes to the different entities, an opportunity to be at least on one side of any intersection. But it is a difficult task, because you may be dealing with 12 honor box entities today and tomorrow another two pop up. So what do you do with them, is the question, and it's just one of those things we just keep working at and hopefully we'll get it right. I mean, New York has a system where it's like a kiosk kind of thing. DEPUTY COMMISSIONER VERDI: That's correct. COUNCILMAN DiCICCO: It almost 9 June 7, 2005 - Streets and Services looks like a --
Mailbox. COUNCILMAN DiCICCO: -- safe deposit box. I knew you would understand, but a mailbox placed in the post office where you have the different windows. You're smiling.
Very large boxes. COUNCILMAN DiCICCO: Very large boxes, right. So it's just one of those we keep working at it. And for the most part, at least in the core of Center City, I think that we're in much better shape today than we were a few years ago, but that doesn't mean we don't have to go further. I look to expand this. For me, the objective for me is to expand this beyond the boundaries of Center City.
Councilman, does this also allow for the real estate, you go to the -- COUNCILMAN DiCICCO: They're honor boxes. Selling cars, the plastic yellow 10 June 7, 2005 - Streets and Services boxes that pop up.
Exactly. DEPUTY COMMISSIONER VERDI: There's one "but" to that. COUNCILMAN DiCICCO: They're selling a product. DEPUTY COMMISSIONER VERDI: They're selling a product, we understand that, but the issue with this is, if they come under the Center City Ordinance, they will be confined to dealing with the same type of box that the daily papers deal with. They're no 14 longer allowed to use the plastic boxes that created the mess in Center City to begin with. You could enforce to a point, where we can now enforce the fact that this is the design of the honor box, you'll have to deal with the same -- you're dealing with the same regulation as all the daily papers are. So even if it's a "rent my apartment" or "buy my car" type of publication, they would still have to be under the restriction of the same type of box. COUNCILMAN DiCICCO: It's a 11 June 7, 2005 - Streets and Services uniform box and the type of material that --
That's the point I wanted to make. Have we ever thought of building a box to our specification and that $10 would give them the access to use a box that meets our specifications? COUNCILMAN DiCICCO: That's the goal, is to have a more uniform box, not only in terms of size but also materials that are being used, plastic metal as opposed to plastic products that you can remove graffiti and stickers from a lot more easily. Center City Special Services District had taken on the task of removing those honor boxes that were added on to the corrals that didn't fit within the area of the corrals, but that becomes a very costly thing. We had a fine system set up, if I'm correct. If you attached your box to a corral and you were not one that was physically allowed to be within there, you had so many days to reclaim your box and pay a fine. But it is a huge undertaking to pick these boxes up and locate them and store them some place. 12 June 7, 2005 - Streets and Services
I like that safety deposit box analogy. That works well for me. Thank you. COUNCILMAN DiCICCO: Any other questions from this committee? Let the record reflect that Councilwoman Donna Reed Miller is also present. Thank you, Mr. Verdi. DEPUTY COMMISSIONER VERDI: Thank you. COUNCILMAN DiCICCO: The clerk will read the title of the next bill. Oh, Councilman Clarke.
Actually, I do have a question about honor boxes. With respect to just generally the placement of honor boxes versus the placement of newsstands, is there any difference in any regs associated with those? DEPUTY COMMISSIONER VERDI: That would be more a question, Councilman, for someone from the Street Department to answer. My understanding is that the ordinance allows 13 June 7, 2005 - Streets and Services for licensing anyway. You're allowed to have two newsstands at each corner and I think -- or each intersection, and more or less the Streets Department, from the best of my knowledge, goes out and looked at the newsstand. If the newsstand is allowed to be at that corner and it's away from any street lighting, handicap ramps or any other obstructions and the specifications are correct, then it would be able to be placed there by right. And the same thing happened when we did Center City with the honor boxes, we worked very closely with Commissioner Tolson and her people, that they went out and physically looked at the landscape of that intersection and told us what would be allowed between any obstructions, any utilities, any lighting or any fire hydrants.
Okay. I guess I'm trying to get at, I know when we talked about newsstands, there are certain Constitutional rights and I guess similarly the honor boxes, but it appears that there are different regs for honor boxes versus 14 June 7, 2005 - Streets and Services newsstands. I'm just trying to understand why. DEPUTY COMMISSIONER VERDI: There's different regulations as far as the licensing is concerned. There's a different ordinance that govern each one. Now, as far as the placement, again, that would be a question we could answer for you from the Street Department.
Good morning, Chairman, members of the committee. My name is Bill Mautz. I'm a construction engineer with the Streets Department. Regarding newsstand placements, there are specific requirements in the Code. 9-212 is the section. I can't give you specifics, but there are specific requirements in there as far as how many newsstands there can be, where it can be placed, how many there would be in a particular block face, things of that nature, size, height. There's a whole bunch of requirements. 15 June 7, 2005 - Streets and Services
The number. DEPUTY COMMISSIONER VERDI: There are limitations to the amount that can go within a certain area designed by the Street Department. On some corners in Center City, we have up to boxes, if I'm not 12 mistaken. In other areas of Center City, it may be only allowed six boxes, depending on what's to the right or left or front or back of these boxes and the width of the sidewalk. There's different variations.
But the City has the ability to determine the number, right, without infringing on Constitutional rights?
I'm saying, if you can do it with newsstands, why can't you do it with honor boxes?
I understand. I'm 16 June 7, 2005 - Streets and Services not familiar with this new ordinance nor the amendments, but with the old ones, there were specifics within that geographic area covered by the ordinance as far as like within a particular block face how many you can have. I think there's something with whether they were frequent or infrequent publishers. I mean, it was pretty much involved, but I believe within the geographic area of the original ordinance, things could be controlled. DEPUTY COMMISSIONER VERDI: I think when we discussed this at our meetings with the Law Department and, again, it came up about that issue about placing a certain number, you could place a certain number on a location, especially if in fact it was a matter of public safety. Naturally, you want to put -- say if you have 15 boxes there and the 16th box is creating a hazard where a handicapped person couldn't come up the handicap ramp for some reason, well, that's a situation where more or less that would override any First Amendment. It would be a 17 June 7, 2005 - Streets and Services matter of public safety.
I understand that. DEPUTY COMMISSIONER VERDI: And that's the way these were all determined.
I understand, but I'm saying if we determined that you can have no more than two newsstands on an intersection, right, and clearly having four would not cause a safety hazard because I'm assuming they wouldn't be within the handicap-accessible ramp, so if we can do that, I'm trying to understand why can't we determine the limitations on the number of honor boxes, separate and aside from any safety issues or pedestrian right-of-way? DEPUTY COMMISSIONER VERDI: Other than that, Councilman, I don't know of any obstructions or restrictions that would not allow those boxes to go there if there wasn't a matter of public safety. We're not giving -- again, the number that the Street Department based Center City on was based on how long it could be. 18 June 7, 2005 - Streets and Services And, again, in some cases, we have 12 to 15 boxes in one line. They gave us the number based upon the streetscape, not -- and if there is an issue beyond that, we haven't came across an issue that --
I mean, it sounds like it's an arbitrary number. I understand if you can't answer that question today, but I'd really like to get a sense of legally we can limit the number of honor boxes per intersection, separate and aside from any safety issues or pedestrian footway issues. COUNCILMAN DiCICCO: What was that question?
Councilman, I'm trying to determine if we have the ability to limit the number of newsstands per intersection, and I'm understanding it's two per intersection, why don't we have the similar ability to limit the number of honor boxes per intersection? COUNCILMAN DiCICCO: Actually, we do to a certain extent. If you look at the bill, you'll see on , 4 and 5 where the 19 June 7, 2005 - Streets and Services restrictions are that no two publishers' boxes displaying or offering the same publication for sale or distribution may be placed or maintained within 30 feet of another one, unless such publishers' boxes are across the street from one another.
Well, that's -- okay. COUNCILMAN DiCICCO: I mean, that's just one --
That's talking about content. I guess I'm talking more about quantity. If we decide you can't be more than -- DEPUTY COMMISSIONER VERDI: Councilman, your question is how can we limit the number of newspaper stands and not be able to limit the number of newspaper boxes; am I correct?
Correct. COUNCILMAN DiCICCO: But there is some restriction, if I'm not mistaken, that if you use the 30-foot requirement between the corrals, that would limit the number of boxes 20 June 7, 2005 - Streets and Services that can be on any given street, because you have to take into consideration utility poles, fire hydrants, handicap ramps. DEPUTY COMMISSIONER VERDI: I think, Councilman, the design to what you're speaking to is, I can't have, let's say, a Daily News box sitting next to a Daily News box. They have to be 30 feet apart or across another intersection. The ordinance really doesn't define how many boxes could be at each intersection.
Regardless of content. DEPUTY COMMISSIONER VERDI: I understand the Councilman's question. In respect to newspaper stands, we're only allowed two at each intersection. But I can get you that answer from the Law Department. I'll have an answer for you.
Thank you, Mr. Chairman. COUNCILMAN DiCICCO: Let the 21 June 7, 2005 - Streets and Services record reflect that Councilman Cohen, who is a member of this committee, is also present. Any other questions for Mr. Verdi? Thank you.
Yes; on the honor boxes. Have these amendments been checked out with the Law Department? DEPUTY COMMISSIONER VERDI: Absolutely, Councilman.
And how about with the Civil Liberties Union? DEPUTY COMMISSIONER VERDI: My understanding is that there was some talk between the Law Department and those gentlemen.
Very good legal answer, which tells us zero. What was the result of those talks? Were they at each other's throat or were they buddy-buddy? DEPUTY COMMISSIONER VERDI: I'm sorry, Councilman. I wasn't present during those conversations.
Well, do you have any report from anybody? 22 June 7, 2005 - Streets and Services DEPUTY COMMISSIONER VERDI: No, but if you'd like, we can get you one.
Well, I think it very important before we tread again. I think the real problem isn't the number of them that are around but the fact that one of the newspapers at least is going out of business since the last hearing on this subject and that what we may be facing is a lack of independent voices rather than too many of them, and I think it important that Philadelphia be out in front on making itself available to advocates who disagree with ordinary points of view. We love to brag about our country. It's a great place because people have dissenting views, and then in all of our actions, we try to caution dissenting views and make them as difficult as possible to be heard. If it's such a great thing as I think it is too, to have the ability to dissent vigorously and actively and continuously, sometimes to everybody's annoyance, then we ought to be encouraging it officially instead 23 June 7, 2005 - Streets and Services of being in a position of being a government agency that's trying to make it more difficult for people to advocate independent views. So I'm suggesting that I think we ought to find out from the Civil Liberties Union what their point of view is. Sometimes a small amendment can save the day and save a lot of embarrassment. And I'm amazed that the City is moving ahead without clearly being able to speak in terms of having worked it out. My memory is that the Civil Liberties Union was a major dissenter last time and brought the matter to our attention. Isn't that accurate? DEPUTY COMMISSIONER VERDI: I'm not quite sure, Councilman. COUNCILMAN DiCICCO: Actually, if my memory serves me right, the publication industry, PNI in particular, was opposed to it because they thought it was going to restrict their ability to have their product or limit their ability to have their product on every intersection that they thought would be 24 June 7, 2005 - Streets and Services important to sell their product, but my understanding is that PNI, the attorneys for PNI, the Law Department and the Civil Liberties folks have met in the past and agreed to this legislation and the previous amendments.
Well, let's have it on the record. COUNCILMAN DiCICCO: Mr. Verdi, if you can get a copy sent to the Chair, meaning me, I'd appreciate that. DEPUTY COMMISSIONER VERDI: Absolutely. COUNCILMAN DiCICCO: Thank you.
I'm assuming, and the positive side of my assumption is that the Law Department, if you suggested that they did have a conversation, that obviously everything worked out well or you'd know that from the Law Department, wouldn't you? DEPUTY COMMISSIONER VERDI: To the best of my recollection, Councilman, yes. We went through this two years ago and we had 25 June 7, 2005 - Streets and Services meetings with quite a large number of publishers and their attorneys and we worked out every piece of opposition they had to this bill originally and worked with them throughout this entire process.
Well, it's a question of whom you worked with and whether you had 100 percent agreement or 88 percent or 67 or whatever it was, but whatever it was, we ought to have it. PNI would not be a good case for you to cite because PNI obviously feels it has competition in this free dissemination of news, and I can understand that they would fight to limit competition. But I'd like to know whether those who have assumed the responsibility may be on their own but they've assumed it, to everybody's benefit, to raise these issues, has this issue been raised and what the result of that is, and I think we ought to have that before we make a decision. DEPUTY COMMISSIONER VERDI: Okay. June 7, 2005 - Streets and Services
All right. Thank you, Mr. Chairman. COUNCILMAN DiCICCO: Thank you. Any other questions for this witness? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next bill. DEPUTY COMMISSIONER VERDI: Thank you.
Bill No. 050511, an Ordinance amending Chapter 9-200 of The Philadelphia Code, entitled "Commercial Activity on Streets," by amending Section 16 9-204, entitled "Sidewalk Vendors in Center City," by providing for additional exemptions on South Street, all under certain terms and conditions. COUNCILMAN DiCICCO: Good morning.
Good morning, Councilman DiCicco and members of the committee. My name is David Hammond. I am the Executive Director of the South Street 27 June 7, 2005 - Streets and Services Head House District and we're proposing to amend Section 9-204 to include sidewalk sales under the conditions of only on Tuesdays from the hours of 2:00 p.m. to 7:00 p.m. through September 15, 2005. In June of 2003, the South Street Head House District commissioned a market analysis, and during that analysis, it was found that the District was underserving the neighborhoods. As the Farmers' Market goes on South Street and Passyunk on Tuesdays, we felt that it would be a natural tie-in to be able to have sidewalk sales that appealed to the residents that would be on the street on those days and also be able to provide some street musicians and entertainment to just make it a little more festive occasion on South Street on Tuesdays. COUNCILMAN DiCICCO: Thank you. Mr. Haigler.
Good day, Councilman DiCicco and members of the committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of 28 June 7, 2005 - Streets and Services Licenses and Inspections. Today I'm here to provide testimony on Bill 050511, which, if enacted, will permit vending on the sidewalk by owners and/or tenants of properties on South Street between Front and 8th Streets. As is customary, the Department offers no objections to the enactment of this bill, as this amendment is within the District Councilperson's prerogative. However, we have been informed that amendments will be offered by the bill's sponsor to specifically indicate the hours of operation for the exempted vending activity which will make it easier for the Department's personnel to enforce. In light of such amendments, the Department is prepared to enforce provisions of this bill should it pass in Council and is signed into law by the Mayor. Thank you and I'll be happy to answer any questions at this time. COUNCILMAN DiCICCO: Thank you, Mr. Haigler. Any questions for these witnesses?
Yes. I have 29 June 7, 2005 - Streets and Services one question. COUNCILMAN DiCICCO: Councilman Cohen.
What did you mean when you referred to District Council's prerogative? COUNCILMAN DiCICCO: I knew you'd pick up on that one.
Sure. I understand we have a Council of people and 12 they all vote and they're all equal, 13 allegedly. 14
But I hear 16 from a number of departments language that 17 distresses me. COUNCILMAN DiCICCO: Councilman --
There was no 21 offense intended, Councilman. COUNCILMAN DiCICCO: I understand that, but --
Well, I now want to know what that discretion is or why -- 30 June 7, 2005 - Streets and Services COUNCILMAN DiCICCO: Councilman Cohen, I will make certain that going forward as of today, every community meeting, every business association meeting that occurs in my district, I will inform your staff and you'd be welcome to either attend in person or send a member of your staff so that you would be fully informed of the decisions that I make in the first councilmanic district.
And are you speaking for the other nine districts? COUNCILMAN DiCICCO: All 17. You could all come.
Are you speaking for the other -- COUNCILMAN DiCICCO: I'm speaking for my district. I can't speak on behalf of the others.
That's one-tenth of the City. COUNCILMAN DiCICCO: It's one-tenth more than you had three minutes ago, right? We're getting there.
Well, I 31 June 7, 2005 - Streets and Services don't know what I had. Certainly not very much. COUNCILMAN DiCICCO: Your staff will be made aware of all my meetings. Thank you. Any other questions for these witnesses from the committee? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next bill.
Bill No. 050269, an Ordinance granting permission to Moore College of Art to operate and maintain a vending stand on sidewalk seating alongside its property located at 1916 to 1934 Race Street, under certain terms and conditions. COUNCILMAN DiCICCO: Good morning, gentlemen. Please identify yourself for the record and proceed with your testimony.
Good day, Councilman -- sorry. I got the wrong bill in front of me.
Do you want me to 32 June 7, 2005 - Streets and Services start?
Good morning, Chairman and members of the committee. My name is William Mautz and I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill 9 No. 050269. This bill grants permission to the Moore College of Art to operate and maintain tables with chairs encroaching partially in 13 the right-of-way bordering its property in the 14 1900 block of Race Street. The tables and chairs will encroach a maximum of 2'6" onto the south sidewalk of Race Street, leaving a minimum of 6'6" clear footway for pedestrians. No rails will be used. The accessory vending stand is located wholly outside of the public right-of-way. The Streets Department has reviewed the seating plan and has no objection to the passage of the bill.
Good day, Councilman DiCicco and members of the 33 June 7, 2005 - Streets and Services committee. I'm Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today I'm here to provide testimony on Bill 050269, which, if enacted, will permit vending with accessory seating on the sidewalk abutting Moore College of Art located at 1916 to 34 Race Street, under certain terms and conditions. The Department offers no objections to enactment of this bill. We have worked cooperatively with representatives of Councilman Clarke's office, the sponsor of the bill, Moore College, the Department of Streets and the Law Department in drafting the proposed legislation in order to address concerns related to public safety and health and are prepared to enforce provisions of this bill should it pass in Council and then signed into law by the Mayor. Thank you and I'll be happy to answer any questions at this time. COUNCILMAN DiCICCO: Thank you. Aside from Councilman Clarke, was this discussed with any other members of this body? 34 June 7, 2005 - Streets and Services
No, it wasn't. I don't believe. If anybody wants to, we will make ourselves available. COUNCILMAN DiCICCO: Thank you. Any questions from members of this committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testimony for or against this bill?
William Hill, Vice-President for Finance and Administration of Moore College of Art and Design. Good morning, Councilman. I wanted to thank you folks, the folks from Streets, L&I, Health, the Law Department and Councilman Clarke's office in particular for their support in providing a much-needed amenity on Logan Square. This is a place where the neighbors and our neighbors on the Parkway, the Academy, the Franklin Institute, the Free Library and obviously our patrons at Moore College of Art and Design can come and get a good cup of coffee and get a 35 June 7, 2005 - Streets and Services sandwich, not have to kind of vacate this wonderful public square, one of William Penn's original squares. So we appreciate your support and look forward to your continued support. COUNCILMAN DiCICCO: We're starting to have that European flavor in Philadelphia. Sounds good to me. Any other questions for these witnesses from the committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next bill.
Bill No. 050326, an Ordinance authorizing Brandywine Realty Trust, 401 Plymouth Road, Plymouth Meeting, its successors and assigns, to install, construct, own and maintain underground electrical service conduit, lighting bollards and other 36 June 7, 2005 - Streets and Services facilities on, under and along the north footway of Arch Street, between 29th Street and 30th Street, under certain terms and conditions.
Good morning, Chairman and members of the committee. My name is William Mautz and I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill 11 No. 050362. This bill authorizes Brandywine Realty Trust to install, construct, own and maintain various encroachments on the north footway of Arch Street between 29th and 30th Street. In conjunction with the Cira Centre and the 30th Street Intermodal projects, the encroachments will be installed during the construction modifications to the existing bridge viaduct. The encroachments will consist of four reinforced concrete planters, lighted 23 bollards, eight decorative light fixtures mounted on planters, ornamental fencing mounted on the planters, one "Cira Centre" 37 June 7, 2005 - Streets and Services marker mounted in a planter and electrical service conduit cast within the modified north footway. The Streets Department has reviewed the construction plans for this project and has no objection to the passage of the bill. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testimony for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next bill.
Bill No. 050457, an Ordinance granting permission to Longacre Holdings, LLC, owner of the property 1509 Mifflin Street, Philadelphia, to operate and maintain an open air sidewalk cafe on the northwest corner of Mifflin Street and Hicks Street, under certain terms and conditions. 38 June 7, 2005 - Streets and Services
Good morning, Chairman and members of the committee. My name is William Mautz and I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill 7 No. 050457. This bill grants permission to Longacre Holdings, LLC, owner of the property 1509 Mifflin Street, to operate and maintain an open air sidewalk cafe at the northwest corner of Mifflin Street and Hicks Street adjacent to the property. A total of four tables to accommodate occupants are proposed. One 16 table is proposed for the north sidewalk area of Mifflin Street, leaving approximately 5' clear footway for pedestrians. Three tables are proposed for the west sidewalk of south Hicks Street, leaving approximately 5' clear footway for pedestrians. No rails will be used. The Streets Department has reviewed the cafe plan and has no objection to the passage of the bill. 39 June 7, 2005 - Streets and Services COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the committee?
Just one question. COUNCILMAN DiCICCO: Councilman Cohen.
And I'm not sure whether it's for the witnesses or for the Law Department. Once permission were to be granted, if it is granted here, does it remain permanently in effect? Suppose there are complaints about how these tables are operated. Would there be any difficulty in disestablishing the procedure or would we be faced with somebody saying he now has a property right?
As far as what we've approved and if there were some sort of problem, one way it could be handled, if a resident were to say that the City was wrong in how it issued the license or approved the placement, they could certainly take that before the Board of Licensing and Inspection 40 June 7, 2005 - Streets and Services Review. If it's something where we've sanctioned a sidewalk cafe and they're not maintaining or keeping a sidewalk cafe in accordance with what we've approved and the agreement that they need to sign once the ordinance passed, then certainly whatever rights they were granted under this ordinance 10 could be revoked at that time.
Well, is there something in the agreement which says that, that they willingly will revoke their license or their permit to operate this in the event a department in City government finds that they're not fully in compliance with an agreement or some language of that sort?
Yeah. I believe the actual ordinance draft is pretty clear about if for some reason we determine that how the sidewalk cafe is not in accordance with our code, it's very clear what our rights are, and I believe that's also reinforced in the agreement. The agreement -- how that would 41 June 7, 2005 - Streets and Services differ a little bit from the rights of the ordinance is that liability is clearly established, that indemnification of the City through insurance and a bond as far as like -- say I have a sidewalk cafe and the City tells us I need to move my sidewalk cafe and I say, Well, I'm not doing it, well, they've provided a bond where we could actually tap into that money and hire somebody or pay ourselves for the removal of the cafe. So I guess the answer to your question, Councilman, between the ordinance 14 and the agreement, liability, what the rights are of the grantee are clearly established, and that's for every sidewalk cafe.
But how about the lessor problem where neighbors begin finding that the sidewalk free flow of traffic is impeded? For some reason, the tables stretch over a little too far or patrons get in the habit of using other parts of the sidewalk and so the local residents find their walking-around space has been sharply curtailed? Now, that may not be reason enough 42 June 7, 2005 - Streets and Services to threaten the permanent existence or it might be, but I'm looking for what happens if that occurs. That's the most common complaint.
I believe in the actual code section, which is 9-208, for those sidewalk cafes that are not in conformance with the code or what's been approved, methods of remediation, issuing violations, revoking of license, are clearly established.
I have no 13 reason to believe that there's any particular special problem with this outdoor cafe, but I think that the policy ought to be reviewed to make sure that on small complaints there's a mechanism for working them out so that perhaps the cafe can be maintained and the problem be adjusted rather than have the neighbors at arms with the cafe owner. So I would just urge the committee to consider that in all cases and to -- I'd like them to report to the Chairman whether, in their opinion, the present procedure enables you, for example, to raise with the 43 June 7, 2005 - Streets and Services Chairman of the committee here the question that exists to get it resolved. COUNCILMAN DiCICCO: Thank you. Councilman Rizzo, is your question in line with Councilman Cohen's? Because I see Mr. Malley is up and I don't know if you wanted to respond to that.
Is there a difference between an open air sidewalk cafe and a restaurant that has outdoor dining? Let's say that they have a patio. Do they need to have a sidewalk cafe license to be able to operate; in other words, if it's not on the sidewalk but it's outside? COUNCILMAN DiCICCO: You mean if there's an attachment to the building, like an encroachment on the sidewalk? That would require, I think, separate legislation, wouldn't it, if a patio --
Yes. COUNCILMAN DiCICCO: -- 44 June 7, 2005 - Streets and Services physically was attached to the building and is a permanent structure?
Yes. And if it's out in the public right-of-way. COUNCILMAN DiCICCO: I think that's what the Councilman is saying.
That's exactly right. COUNCILMAN DiCICCO: That would require separate legislation, because it's now an encroachment.
So it does need some legislation? COUNCILMAN DiCICCO: You need an outdoor cafe license. You would need a legislation that would legalize the encroachment.
So if a bar/restaurant puts some tables on a little outdoor area that's attached to the building, they need legislation? COUNCILMAN DiCICCO: If it's not on the sidewalk and it's another structure, then it would need legislation. 45 June 7, 2005 - Streets and Services
A porch. Let's say the building is built with a porch and for years they never put a table on the 7 porch. Now all the sudden the outdoor cafe 8 thing is starting to catch on. They put a 9 half a dozen tables on the porch. Can they 10 just do it or do they have to come -- 11 COUNCILMAN DiCICCO: Assuming 12 the porch is legal, then they just need an 13 outdoor cafe. 14
Yeah. That's 15 correct. 16 COUNCILMAN DiCICCO: Assuming 17 the porch was legal. 18
Okay. 19 COUNCILMAN DiCICCO: Then they 20 only need a license for the outdoor cafe.
That leads to a follow-up on a question that I have about insurance. If someone is injured, let's say Councilman Cohen's point, that there's a chair, somebody is trying to walk down the 46 June 7, 2005 - Streets and Services sidewalk and they trip over a chair, is the City liable or is the owner of the restaurant since it happened on the sidewalk? Are we somehow now involved because we've given permission to set up an outdoor sidewalk cafe? Who is responsible for the injury of the person and does that business, does their insurance cover or do they have to add to their policy insurance to cover the outdoor cafe? If there would be an injury, is it assumed that automatically the insurance extends to that part of the business or does that business have to add a -- forgive me for not -- I can't come up with the word -- a rider or a -- COUNCILMAN DiCICCO: Addendum?
Assuming we're talking about a legal operation, in order for them to be licensed, the insurance certificate would had to have been provided. It would need to meet all of the minimum requirements 47 June 7, 2005 - Streets and Services by the Risk Management. And in terms of liability, it's clearly the licensee. Sometimes you get in a situation where the property owner and the person who obtained the sidewalk cafe license aren't one and the same. We require that the property owner in writing sanction the cafe at his property. So the answer to your question, it's clearly the licensee who has the burden or the liability for any injuries that might occur.
Nick Malley, counsel for the applicant. In this instance, he has $3 million of insurance coverage for situations like that.
-- about your client, but thank you. That's interesting. Because I had an issue just 48 June 7, 2005 - Streets and Services recently where a business added a fence around the perimeter. A car went out of control, hit the fence. The fence wasn't covered because they never told the insurance company that they added the fence. And the car was a stolen vehicle and the person had to repair 100 yards of fence because of this vehicle and the insurance company said, It's not covered because we didn't know about it. Thank you, Mr. Chairman. COUNCILMAN DiCICCO: Thank you. Any other questions for these witnesses from the committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next bill.
Bill No. 050468, an Ordinance granting permission to Marie Bontigao, owner of Tabula Rasa Cafe, tenant of 49 June 7, 2005 - Streets and Services the property located at 944 North 2nd Street, Philadelphia, to operate and maintain an open air sidewalk cafe on the northwest corner of North 2nd Street and Laurel Street, under certain terms and conditions.
Good morning, Chairman and members of the committee. My name is William Mautz and I'm a construction engineer with the Streets Department. I am here to offer the following testimony for Bill 12 No. 050468. This bill grants permission to Marie Bontigao, owner of Tabula Rasa Cafe, tenant of the property 944 North 2nd Street, to operate and maintain an open air sidewalk cafe at the northwest corner of North 2nd Street and Laurel Street adjacent to the property. Two tables to accommodate eight occupants are proposed at the north 2nd Street face, leaving approximately 7' clear footway for pedestrians. Nine tables to accommodate 18 occupants are proposed at the Laurel Street face of the building, leaving approximately 7' clear footway for pedestrians. No rails will 50 June 7, 2005 - Streets and Services be used. The Streets Department has reviewed the cafe plan and has no objection to the passage of the bill. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next bill.
Bill No. 050374, An Ordinance authorizing the Water Commissioner on behalf of the City to enter into an agreement with the owners of the properties at 6208 through 6230 Germantown Avenue for the grant of rights-of-way to the City for drainage and sewer purposes, under certain terms and conditions. MR. McCLOSKEY: Good morning, 51 June 7, 2005 - Streets and Services Mr. Chairman, members of the committee. My name is Paul McCloskey. This bill was introduced in the City Council by Councilwoman Miller on May 5th. Basically, the concerns of the bill is, a firm known as Safeguard is currently developing a property at 6208 through 6230 Germantown Avenue as a self-storage commercial property. In order to construct the new facility, Safeguard must relocate the existing public sewer through the property. The relocated sewer is being built to City standards and under City inspection at the sole cost of Safeguard. In order to accept the relocated sewer, Safeguard must grant a right-of-way to the City. This bill authorizes an agreement for the City to accept the right-of-way. The agreement provides language that the City may place the right-of-way on a City Plan at a later date. I recommend that this bill be favorably reported out of committee and also request a suspension of the rules in light of 52 June 7, 2005 - Streets and Services the impending recess of City Council. COUNCILMAN DiCICCO: Councilman Cohen.
What is being developed in that location? MR. McCLOSKEY: The building is a self-storage center, sir.
Does that mean locker spaces? MR. McCLOSKEY: Pardon me, sir?
Does that include locker spaces? MR. McCLOSKEY: Currently it's a building now that has been torn down and basically it's a garage-type self-storage area.
Do you know the intersection south of -- MR. McCLOSKEY: That's Germantown and Tulpehocken.
I'm wondering about -- these self-storage places tend to be uncomfortable for people in the neighborhood. It's just a solid phalanx of 53 June 7, 2005 - Streets and Services lumber or steel or something, and to use a storefront for that, except in highly unusual cases, would seem to me to create future problems. So I'm just wondering how much study has gone into it and why it's being done.
And why the Department approves it for a store -- it's open space, right, in the first floor, Germantown Avenue? MR. McCLOSKEY: Yeah. As I understand, it's open space. They cleared the area. As far as I know, they've worked this out with Councilwoman Miller in the area. In order to build this thing, we just have to relocate an existing sewer. COUNCILMAN DiCICCO: I think, Councilman Cohen, Councilwoman Miller would like to address your question.
This is a project that the community supports. We've 54 June 7, 2005 - Streets and Services had a number of community meetings, along with the attorney and people representing Safeguard. This is not your regular normal-looking safe storage place. This looks like an office building. It's being erected on a vacant lot that's been vacant probably for about ten years. What was on that lot prior to the buildings being demolished, there were a number of buildings and bars that were nuisance establishments, and that was a heavily drug-infested area that many people from the community, including myself prior to coming to City Council, helped work to close those drug bars down. So this is a good replacement. It's been vacant, and the owners of the lot are six or seven business people from the Germantown and Mount Airy neighborhood that got together years ago after we closed the drug bars and they purchased all those properties, and for many years, they've been trying to find some type of commercial business to come there. At one point, the School District of Philadelphia 55 June 7, 2005 - Streets and Services was interested in the site, but then when the enrollment dropped when charter schools opened, they were no longer interested in the site. So this is a project that's supported by the community, both on the west and east sides of Germantown Avenue. The meetings were held at New Bethel AME Church on the corner of Germantown and Tulpehocken, and me and my staff have been actively involved in bringing this project to fruition. COUNCILMAN DiCICCO: Thank you, Councilwoman. Councilman Rizzo.
Mr. McCloskey, just a sidebar to this self-storage issue, I know that you're here not representing L&I but the Water Department, correct? MR. McCLOSKEY: Yes, sir.
One of the issues that's developed -- and this project is a very good project because I also have knowledge of it. The community really wants 56 June 7, 2005 - Streets and Services this to occur. But one thing that is occurring and I just want it for the record, even know it's not directed to you, is that many of these self-storage facilities I'm learning are not good neighbors, like Councilman Cohen said. Many of them are facilities that are allowing businesses to operate from. They use these storage facilities to warehouse their material. They go there and pick up material day and night. They actually on some occasions, I've been told, have had people enter the storage facility to basically go shop in their storage unit, people that collect junk. And I'm going to be looking into the storage facility industry in the City of Philadelphia, because many of them have really become nuisances. Not this one, because it's a different concept, but the conventional stand-alone storage units. There's, again, from what I'm finding out, many, many businesses being operated out of these facilities, and I believe that's inappropriate and I'm working -- I'm going to be checking 57 June 7, 2005 - Streets and Services with L&I currently to find out what they can do behind these fences and what they can't do. MR. McCLOSKEY: I know this particular company, if I could interject, pretty much goes with the office style --
What's the company? MR. McCLOSKEY: Safeguard. They go with this office style, because right now they're currently building one at the Tacony Bridge.
Okay. MR. McCLOSKEY: You know, they've come in. There are like three or four different areas they have built in the City, and they take that style as opposed to a line of garages, which is a pretty good concept, just my personal opinion, but that doesn't mean anything.
Thanks. That's a good neighborhood. Matter of fact, that was the Rialto Theatre where every Saturday afternoon I spent a lot of time.
So did I. 58 June 7, 2005 - Streets and Services COUNCILMAN DiCICCO: Any other questions for this witness from the committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next bill.
Bill No. 050375, an Ordinance authorizing the construction of a sanitary sewer and appurtenant work in a proposed right-of-way for drainage and sewer purposes from Springbank Street to an existing drainage right-of-way, former Park Line Road. MR. McCLOSKEY: Good morning again. My name is Paul McCloskey. I'm testifying on behalf of the Water Department. This bill was introduced on May 5th by Councilman Nutter. This bill authorizes the Water Department to construct sanitary sewers in a proposed right-of-way for drainage and sewer purposes from Springbank to an 59 June 7, 2005 - Streets and Services existing drainage right-of-way, former Park Line Road. The homeowners in the West View/Wissahickon area of the City have petitioned for public sewers. The area is bounded by Wissahickon Avenue, Kitchen's Lane, Fairmount Park and former Park Line Road. This area consists of approximately 37 single-family dwellings in the West Mount Airy section of the City. This ordinance will complement Bill 13 No. 030691 in providing sewers to the area. Bill 030691 was approved by City Council on December the 4th, 2003 and signed by the Mayor on December 18th, 2003. At present, the properties are being served by individual cesspools for each property. These on-site systems outlived their usefulness and require total replacement. However, it is doubtful under current Commonwealth regulations that the systems would be allowed to be rebuilt. The malfunctioning of the septic system has created unsanitary conditions. In light of 60 June 7, 2005 - Streets and Services the fact that the residents are serviced by public water, the residents have requested a public sewer. An assessment shall be levied against the owners having frontage in order to absorb a portion of the cost of construction and the residents shall be required to connect to the new sewer at their cost in accordance with City Code. We recommend that this bill be favorably reported out of committee and also request a suspension of the rules in light of the impending recess of City Council. Thank you very much. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I would ask the clerk to read the title 61 June 7, 2005 - Streets and Services of the next bill.
Bill No. 050376, an Ordinance authorizing the Water Commissioner, on behalf of the City, to enter into an agreement with the owners of 6601, 6609 and 6701 Springbank Street and 6609 Rear Springbank Street, part of 1021 West Hortter Street, for the grant of a right-of-way to the City for drainage and sewer purposes through the properties from Springbank Street to an existing drainage right-of-way, former Park Line Drive, under certain terms and conditions. MR. McCLOSKEY: Good morning again, Mr. Chairman and members of the committee. My name is Paul McCloskey. I'm representing the Water Department. This Bill 050376 authorizes the acceptance of a right-of-way for drainage and sewer purposes through the properties and a common driveway of 6601, 6609 and 6701 Springbank Street and 6609 Rear Springbank Street, which is part of 1021 West Hortter Street. 62 June 7, 2005 - Streets and Services The area bounded by Wissahickon, Kitchen's Lane, Fairmount Park and former Park Line Road in the West Mount Airy section of the City is serviced by individual on-site cesspools. The cesspools are beginning to fail and the property owners have requested public sewers. The natural drain of a portion of the area is through the above-mentioned properties. A majority of the owners of the properties have agreed to grant the City a right-of-way through their properties from Springbank to an existing drainage right-of-way, former Park Line Road, in order to accommodate the proposed sewer system for the area. We recommend that this bill be favorably reported out of committee and also request a suspension of the rules in light of City Council's impending closure. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the committee? (No response.) COUNCILMAN DiCICCO: Anyone 63 June 7, 2005 - Streets and Services else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I will ask the clerk to read the title of the next bill.
Bill No. 050458, an Ordinance authorizing the Water Commissioner on behalf of the City to enter into an agreement with the owner of a property and his successors at 2401 Walnut Street for the grant of a 40-feet-wide right-of-way to the City for drainage, sewer and water main purposes, partially within the five feet north of the existing Sansom Street right-of-way from 24th Street to CSX Transportation Railroad, under certain terms and conditions. MR. McCLOSKEY: Good morning again. My name is Paul McCloskey. I'm representing the Water Department. This bill was introduced on May 19th, 2005 by Council President Verna by request from the Water Department. The Manville Place Luxury Condos are 64 June 7, 2005 - Streets and Services planned to be constructed at 24th Street and Walnut Street along the CSX Transportation Railroad. The adjacent parking lot for the project will require the relocation of a sewer and a water main that are currently located in an existing right-of-way of former Sansom Street. The existing right-of-way runs from 24th Street to the railroad. The utilities will be relocated northward, constructed to the City standards and dedicated to the City in accordance to Philadelphia Code. In order for the City to accept the facilities, the developer must grant the City a right-of-way for drainage, sewer and water main purposes in a proposed right-of-way partially within and partially 5' north of the existing right-of-way. The bill authorizes an agreement for the City to accept the right-of-way. The agreement provides language that the City may place the right-of-way on a City Plan at a later date. We recommend that this bill be favorably reported out of committee and also request a suspension of the rules in light of 65 June 7, 2005 - Streets and Services the impending recess of City Council. Thank you. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I will ask the clerk to read the title of the next bill. I'm sorry, Peter. PETER: Councilman DiCicco, that is fine. I thank you for your consideration. This ordinance would effectuate the ability to develop this site. The right-of-way basically runs through it, and by relocating it with the concurrence and the support of the Water Department, we will provide the City with a brand new residential development that will be a benefit to the community and to the City. 66 June 7, 2005 - Streets and Services There is no City cost associated with this project. It will be fully borne by the developer. We thank you for your consideration. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the committee?
To what property were you referring when you said there's no City costs? PETER: Well, in order to relocate the right of line, Councilman Cohen, we are bearing the cost as part of our development project.
I see. Okay. PETER: Thank you. COUNCILMAN DiCICCO: Thank you. Any other questions? (No response.) 67 June 7, 2005 - Streets and Services COUNCILMAN DiCICCO: Anyone else who wishes to testify? (No response.) COUNCILMAN DiCICCO: Seeing none, I will ask the clerk to read the title of the next bill.
Bill No. 050469, an Ordinance authorizing the Water Commissioner on behalf of the City to enter into an agreement with the owners of the properties and their successors at 923 Rear Units 1, and South Second Street for the grant of a right-of-way to the City through the property from a private street, known as Salter Street, to approximately 65 feet north of Salter Street for drainage, sewer and water main purposes, under certain terms and conditions. MR. McCLOSKEY: Yes. Good morning again. My name is Paul McCloskey. I'm representing the Water Department. This bill was introduced on May 19th by Councilman DiCicco by request of the Water Department. The Salter Views Housing Development 68 June 7, 2005 - Streets and Services is currently being constructed on properties on the north side of a private street known as Salter Street. The properties are at 923 Rear South Second Street, Lots 1 through 3. The developer plans to create four lots serviced by a driveway. The developer plans to construct a sewer and a water main to City standards in the bed of the driveway. He plans to dedicate them to the City in accordance with The Philadelphia Code. In order for the City to accept the facilities, the developer must grant the City a right-of-way for drainage, sewer and water main purposes in the bed of the driveway. This bill authorizes an agreement for the City to accept the right-of-way. The agreement provides language that the City may place the right-of-way on a City Plan at a later date. We recommend that this bill be favorably reported out of committee and also request a suspension of the rules in light of the impending recess of City Council. Any questions? COUNCILMAN DiCICCO: Thank you. 69 June 7, 2005 - Streets and Services Any questions for this witness from the committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I will ask the clerk to read the title of the next bill.
Bill No. 050512, an Ordinance authorizing the Water Commissioner on behalf of the City to enter into an agreement with the owners of the properties and their successors at 1500 South Front Street for the grant of an L-shaped right-of-way to the City through the property from Front Street to Dickinson Street for drainage, sewer and water main purposes, under certain terms and conditions. MR. McCLOSKEY: Good morning again. My name is Paul McCloskey. I'm representing the Water Department. This bill was introduced on May 70 June 7, 2005 - Streets and Services 26th, 2005 by Councilman DiCicco by request of the Water Department. South Village Court Housing Development is a proposed development consisting of single-family houses. It is 7 located on the southwest corner of Dickinson 8 and Front Street. The developer will 9 construct a sewer and a water main in an 10 L-shaped utility right-of-way, beginning at 54 11 feet south and parallel to Dickinson Street 12 and from Front Street to approximately 181 13 feet west of Front Street. The right-of-way 14 will then continue north to the south side of 15 Dickinson Street. 16 The sewer and the water main will be 17 built to City standards and dedicated to the City as public facilities in accordance with The Philadelphia Code. In order for the City to accept the water main and the sewer, the developer must grant a right-of-way for drainage, sewer and water main purposes. This bill authorizes the agreement from the City to accept the right-of-way. The agreement provides language that the City may place the 71 June 7, 2005 - Streets and Services right-of-way on a City Plan at a later date. I recommend that this bill be favorably reported out of committee and request a suspension of the rules in light of the impending recess of City Council. Thank you very much. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the committee?
Is there a cost involved in this work? MR. McCLOSKEY: No. 17
Is it the private developer that's going to -- MR. McCLOSKEY: Private developer. Basically what he's doing is, he's creating a driveway in the rear that will feed 17 houses, nine of them in front on Dickinson 72 June 7, 2005 - Streets and Services Street and the remaining seven -- or eight face this driveway. He will construct the water main and sewer to City standards at his cost, and then for us to accept them, he will dedicate a right-of-way and the water main and sewer to us at no cost. COUNCILMAN DiCICCO: Thank you.
And the City causes an inspection of them to take place? MR. McCLOSKEY: The City enters into an agreement. He has entered into an agreement where we will treat this as a regular Water Department project. We will assign an engineer. We will assign an inspector, and if he does not comply with the construction of the water main and sewer to our standards, we will not accept them.
Thank you. Do you have any idea of the approximate cost? MR. McCLOSKEY: About $200 a foot. We're probably talking about $80,000 here. COUNCILMAN DiCICCO: $80,000.
Thank you. 73 June 7, 2005 - Streets and Services COUNCILMAN DiCICCO: Thank you. Councilman Rizzo.
Mr. McCloskey, when you say that there will be no cost to the City, could you please describe the process? As an example, No. 050512, to get it here today, what City involvement was there and is there any licensing or fees associated with the process that we're watching today? MR. McCLOSKEY: Currently this is -- a number of these bills are currently unusual, in that these would normally have been done by City plans. Unfortunately, because of retirement, for a short period of time, we couldn't introduce City plans, so the Water Department under Philadelphia Code can accept the right-of-way at no cost. So basically what we did is, we accepted right-of-ways to accommodate the construction at this high rate of construction of development right now to allow these developments. We accepted right-of-ways from them. 74 June 7, 2005 - Streets and Services Basically they come to us. We review it like any other development. The only difference is that I would write the ordinance for them and I would send it over to the Mayor and the Law Department for approval and then have us introduce it. That is the only cost involved, was my hours to write the ordinance.
Well, that's significant in itself. That's a joke. MR. McCLOSKEY: Okay.
But, really, there should be something factored in to this part of the process to make the City whole, for lack of a better word. Should there be some fee associated? I mean, L&I for expedited -- not that you're expediting this -- there's a charge for that. There certainly should be some recovery for this effort. MR. McCLOSKEY: Well, there is recovery when you think of it. I mean, I testified on six bills. One of the bills at 2401 Walnut Street is a 42-story condo with 75 June 7, 2005 - Streets and Services the second floor being $3 million.
But my point being is, there's very little that government does without some charge. So basically you're saying this is good-will for future growth. MR. McCLOSKEY: This is good-will. This brings in -- my job is to bring in development into this town, to bring in more people.
Do you think they'd not build a building if there was a fee associated with your work? MR. McCLOSKEY: No, but --
Well, isn't it something that should be considered? I mean, L&I charges for various inspections and things like that. Could you consider that and get back to the Chair? MR. McCLOSKEY: Sure.
Because it would be interesting to see what you do spend in all the work that you do to bring these to us here in Council. And I know your administration is looking for sources of 76 June 7, 2005 - Streets and Services revenue and I think that would be good, too. Not that we should charge for everything we do, but... MR. McCLOSKEY: Right. But I always looked at it as just help the development to get more taxes and people to stay here. We have lost too many people over the last years and this is the first year 10 we haven't lost anybody. 11 COUNCILMAN DiCICCO: Well, 12 aren't there license fees for permits, that 13 eventually they will be paid? 14 MR. McCLOSKEY: Oh, yeah. 15 They'll be paying for -- 16 COUNCILMAN DiCICCO: At some 17 point, there is compensation at some point -- 18
I 19 understand. 20 COUNCILMAN DiCICCO: -- for the work that will be done.
I understand. COUNCILMAN DiCICCO: Thank you. Any other questions for this 77 June 7, 2005 - Streets and Services witness? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I will ask the clerk to read the title of the next bill. MR. McCLOSKEY: Thank you very much.
Bill No. 050417, an Ordinance amending Section 2 of an Ordinance, Bill No. 020716, approved January 23, 2003, entitled "An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 197 by striking from the City Plan and vacating Wensley Street from southeasterly line of the Delaware Expressway more or less, to a point approximately 183 feet southeastwardly therefrom, under certain terms and conditions," by extending the time for compliance with the conditions stated therein. 78 June 7, 2005 - Streets and Services
Good morning, Mr. Chairman and members of the committee. My name is Frank Morelli, Survey Bureau Manager of the Department of the Streets, and the Department of Streets would like to offer the following testimony on Bill No. 050417. This is not an administrative ordinance but an ordinance requested by Mr. William Parker, Sr., President, William Parker Associates, 2845 East Westmoreland Street, Philadelphia, PA 19134. The purpose of this ordinance is to extend the time period to strike Wensley Street from the City Plan to solve a rear entrance security problem and to expand their existing business. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.
Good morning, Mr. Chairman and members of the Streets and Services Committee. My name is Martin Soffer, City Planner. I'm here to testify on behalf of the City Planning Commission. This bill authorizes the striking 79 June 7, 2005 - Streets and Services from the City Plan of a paper street located in the Richmond section of Northeast Philadelphia. The purpose of this ordinance 5 is to remove the legal incumbrance of a paper street that will never be built to allow for the expansion of an existing customs examination station. The Planning Commission staff reviewed and tentatively approved this action on December 15, 1997. Therefore, the Planning Commission recommends that Bill No. 050417 be approved. Thank you. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses?
Is there any competition being given to the City for this land?
No, Councilman, there is not. The street was a paper street and the City never paid damages when the street was placed on the City Plan. 80 June 7, 2005 - Streets and Services
The City only had an easement to place the street over that site and it was never developed.
Who owned the site? Somebody must have owned it. Somebody is entitled to compensation. I think it's a good thing that we're making the services available to the person to enable them to enlarge his business, but it seems to me fair competition for the land is required to be paid to somebody.
It's our understanding this is a paper street that was proposed for some future use, which never came to be.
Who owns the 81 June 7, 2005 - Streets and Services street? Who owns the piece of property?
It's our understanding that the two abutting property owners owned up to the center of this legal status, the street.
The abutting property owners of each side of a paper street, their deeds actually extend to the center line of the street, with an easement for street purposes to be placed at some future date. And since we never improved the street, the street is still entitled to the abutting property owners.
The City established this easement for a future -- in case we needed it for the future, which has turned out not to be the case. We have many City paper streets on the plan that go back to the 18th century, many of which --
Well, that would mean we have a great deal of assets in reserve if the City can draw when needed, and 82 June 7, 2005 - Streets and Services certainly this is a point of time when the City needs revenue. Is there any way of getting revenue for land, particularly when an addition -- we're making these streets non-existent so that the gentleman can expand his factory. It certainly seems to me that it's one thing for the Streets Department having no 10 responsibility whatever for the finances of the whole City to play the role of benefactor, but, to me, that's the wrong role. It ought to be a central office relating to the entire City that makes that decision. Streets Department has no right to make that decision.
Councilman, I agree with you on certain streets of how the street was legally opened. If the City condemned the property and paid damages, then when the street is stricken from the City Plan, then there's an appraisal done, and it is one of the conditions of the ordinance for fair market value of the street to be -- for the damages to be paid. But on the case of a paper street, the City never acquired the 83 June 7, 2005 - Streets and Services parcel. All we did was put an easement over the ground to place a street at some future time, and the City never did that, so the property owners still own to the center line of the street, and we're just removing an easement that the City had placed over this property.
But the removal of that easement has a dollar value. I mean, I don't understand the Streets Department philosophy of giving things away. COUNCILMAN DiCICCO: Why don't you look into that and see if you can come up with some reasonable explanation. Okay?
Okay. COUNCILMAN DiCICCO: I appreciate that. Any other questions?
No. 21 COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing 84 June 7, 2005 - Streets and Services none, I will ask the clerk to read the title of the next bill.
Bill No. 050514, an Ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 307 by relocating the westerly curb line and house line of 15th Street between Arch Street and Cherry Street, under certain terms and conditions.
Good morning, Mr. Chairman and members of the committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets. The Department of Streets would like to offer the following testimony on Bill No. 050514. This is not an administrative ordinance but an ordinance requested by Ronald Patterson, Klehr, Harrison, Harvey, Branzburg & Ellers LLP, 260 South Broad Street, Philadelphia, PA 19102. The purpose of this ordinance is to widen the public cartway along 15th Street between Arch and Cherry Street. This is necessary to allow for the development of a 85 June 7, 2005 - Streets and Services new office and studio for CBS/KYW TV Broadcasting on the northwest corner of 15th and Arch Street. The street widening will also alleviate the current bottleneck that occurs along this block of 15th Street. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action. COUNCILMAN DiCICCO: Thank you.
Good morning, Mr. Chairman, members of the Streets and Services Committee. My name is Martin Soffer and I'm here to testify on behalf of the City Planning Commission. This bill authorizes the widening of North 15th Street between Cherry Street and Arch Street located in the Center City section 19 of Philadelphia. The purpose of this ordinance is to allow for the construction of a new 450,000 square foot office building at this location. The Planning Commission staff reviewed and tentatively approved this action on February 9th, 2004. Therefore, the 86 June 7, 2005 - Streets and Services Planning Commission recommends that Bill No. 3 050414 be approved. Thank you. COUNCILMAN DiCICCO: Thank you. Mr. Patterson.
Good morning, Mr. Chairman. My name is Ronald Patterson. I'm a lawyer with the law firm of Klehr Harrison, and I have the privilege to represent Don Pulver in connection with this project, who has built many buildings in the City. He's proposing to build an eight-story office building having 200,000 feet into which CBS Channel 10 is proposing to move their entire operations from 5th and Market into that building in a highly state-of-the-art electric building. What we're here asking for is in connection with widening 15th Street, which I understand has been long desired to do by the Streets Department, and with the widening, it would then have the streets aligned in the proper width as it's shown north of 15th 87 June 7, 2005 - Streets and Services Street. Currently there's a bottleneck driving south on 15th Street. What we are proposing in connection with the Streets Department is to have the street widened so the cartway matches up and which would allow for a drive-by lay-by lane in front of the building, which I'm going to show you on the next page. So the cartway would increase from feet to 46 feet, again, to further align 13 and remove the bottleneck in front of that 14 particular block. And I also understand that 15 we do have a grant from PennDot to assist in 16 the widening of the street since it is a state 17 highway. 18
Who is 19 paying for the street widening? CBS is going 20 to pay the costs? 21
It's my 22 understanding, and Mr. Pulver can attest to 23 that, that the part that I know about is the 24 PennDOT grant. Mr. Pulver can address the 25 remaining. 88 June 7, 2005 - Streets and Services
CBS is indirectly paying for -- COUNCILMAN DiCICCO: Excuse me. Please identify yourself for the record.
Don Pulver, President of Oliver Tyrone Pulver Corporation, the developer of this building. CBS is going to be the main tenant in the building and so will be paying rent. That will, in essence, make them be paying for it. However, CBS is also getting certain state assistance to stay and expand in the City, one of which is a $700,000 grant from PennDOT to provide for the widening of the street.
CBS must be in a terrible financial situation if it can't afford $700,000.
Well, then 89 June 7, 2005 - Streets and Services why is it coming to government for help? Why doesn't it say this is a system of capitalism in which business pays its own way? If there are certain circumstances that require help, government is always available to consider and, if possible, make that aid available, but if CBS is a substantial company, as I believe it to be or have until today, why does it need help from PennDOT? State has deficits. The City has deficits.
Well, if I can answer, the widening of the street, again, has been long desired. There just has not been an impetus to widen the street. The building is not taking up any of the street widening. We're remaining within our own property line.
Point of information. My observation is if there's a grant out there, any business should be able to take advantage of it. If there's a million dollar opportunity, they'd be, in my opinion, negligent to their shareholders not to take advantage of an opportunity. If it was a 90 June 7, 2005 - Streets and Services drugstore building a building there and they could get the consideration from PennDOT, they should get it also.
And I also may add there's a City element as well. We also are building three below-ground levels of parking, which the below-grade rights are owned by the Parking Authority. So Mr. Pulver is building the three levels containing 285 parking spaces, which will be owned and operated by the Parking Authority. COUNCILMAN DiCICCO: Let me ask you a question. What is the nature again of the tenants in the building? It would be all CBS/KYW from 5th and Market, or no?
Yes. CBS and KYW are moving from 5th and Market to 15th and Arch. They will be occupying half of the building initially, with options to expand. COUNCILMAN DiCICCO: Options to expand. How many employees do you currently have and will there be any increase in the number of employees going to this facility?
Yeah. I am not 91 June 7, 2005 - Streets and Services CBS. I am the developer of the building, so I really can't speak for them, but I do believe that they plan to have some 350 employees and they do plan to expand by approximately ten employees per year. COUNCILMAN DiCICCO: Per year. Will there be retail on the first floor; do you know?
Actually, it's all going to be CBS's studios on the first floor. They plan to have three studios. COUNCILMAN DiCICCO: Just like in New York. And also when you walk down, you'll actually see the anchor people and all that stuff. Rather exciting.
That's correct. Part of their plan is to then to have live broadcasts from Love Park, as well as within the first floor studio area. COUNCILMAN DiCICCO: And what's the garage component? How many spaces?
285 spaces. COUNCILMAN DiCICCO: Public or just for employees? 92 June 7, 2005 - Streets and Services
It's a public garage. COUNCILMAN DiCICCO: Public garage, okay.
May I ask a question? COUNCILMAN DiCICCO: Yes. Then I'll go to the sponsor of the bill.
Is there any word on the reuse of the 5th and Market site?
No, but that's something we have nothing to do with. But apparently there are agreements that are being made by somebody. COUNCILMAN DiCICCO: At 5th and Arch, you're leasing space in there, correct? I mean "you," meaning CBS and/or KYW. They don't own the building, do they?
No. I could tell you because we have other clients who are involved in the 5th and Market deal, but we understand that the building is for sale, has been sold, is under an agreement. The new developer has plans perhaps for a museum to 93 June 7, 2005 - Streets and Services come into the building, but that's way out in the future. There's time so that CBS can make the move and deliver and turn on the power in March of 2007. COUNCILMAN DiCICCO: Thank you. Councilman Clarke.
Thank you, Mr. Chairman. Good morning, gentlemen. First of all, although we're moving CBS from Councilman DiCicco's district to the fifth Council district, I want to apologize for that, Mr. Chair, but this is a project that I know you've been working -- COUNCILMAN DiCICCO: You owe me one big building.
I owe you one, I got it. You'll be getting it. I want to congratulate you on finally consummating this deal. In earlier discussions, we had talked about construction jobs. What are the number of construction jobs anticipated?
I believe it's 94 June 7, 2005 - Streets and Services somewhere in the neighborhood of 700. This is not the biggest building in town, but it's going to be one of the nicest, and so that's about the best I know.
And one of the things that we talked about, I just want to say for the record, that you will develop a strategy for outreach for Philadelphia employees and minority and female participation, although you're not required by law, but it's my understanding that you will aggressively work with myself and the other individuals who have been involved in this process.
Yes, we will, and I also discussed it with CBS and they plan to do the same.
One of the things, for the record, we had talked about the possibility of CBS, during the course of the ten employee per year expansion, to work with the Philadelphia School District or some other entities to incorporate internships for local residents to be a part of that expansion 95 June 7, 2005 - Streets and Services program. COUNCILMAN DiCICCO: Ten-story building or 11?
It's eight stories. COUNCILMAN DiCICCO: Eight stories. When do you anticipate construction to commence?
Essentially by the end of this year. COUNCILMAN DiCICCO: And the completion date?
March or thereabouts of '07. COUNCILMAN DiCICCO: Two-year project -- well, less than two years.
Less than two years. COUNCILMAN DiCICCO: Thank you. Any other questions? Councilman Cohen.
I'm really baffled by this great generosity. In today's Daily News, for example, there's an article 96 June 7, 2005 - Streets and Services built around the theme that the emperor has no 3 clothes in which the writer charges that the whole NTI program which started out as clearing the street of cars, old cars lying around the streets, clogging up the streets, was a good project and thereafter many millions of dollars have gone just for doing regular City work. Instead of money coming from the City budget, it came from the NTI special loan of $300 million to carry out normal City duties, and the reason for those normal City duties having to be carried out by special loan funds is apparently there wasn't enough money in the General Fund budget to carry out the City's duties of maintaining services. Now, in view of the fact that in addition of not having money to do the normal services, we're just going through a wild budget-cutting series of amendments to the City's budget. I don't see how the City of Philadelphia can play the role of Santa Claus. Every business comes around that used to be in the olden days -- and I remember them well 97 June 7, 2005 - Streets and Services because I was here or active otherwise -- when a business would come to the government agency and say, Here's a great project for the City, this would be of this value, and they'd specify the values, but the problem is, We don't have the money for it, and they would show us the books and show us why they lacked a half a million or 5 million, whatever the amount was. But today all of you are in competition with each other, fearful you're going to lose your jobs unless you can get great grants of public monies even though you don't need it. You could fund the whole City budget without any problem on your own. So I don't understand what's going on here, because we had hours of discussion for small sums of money like $10,000.
If I may, we're asking for no subsidies, no TIFs, no grants. We're keeping the jobs in the City, and it's my understanding, and Mr. Morelli can answer, is that this has been long proposed by the Streets Department and perhaps they just never got around to do it and now it kind of 98 June 7, 2005 - Streets and Services coincides with this project. So I don't see that we're asking for any --
Well, you don't mean to tell me that the Streets Department forgot about 15th Street downtown here. They didn't do it because they had other things that they felt needed to be done, and this Council and the Mayor apparently concurred with them. But for us to change all of the plans that would otherwise occur and do for free what ought to be part of a business cost, I just don't understand that. We spent hours worrying about $10,000 that poor people need and we deny the money to them because we don't have it.
Councilman, one of the things in this project is the developer is dedicating to the City a 20-foot strip that's actually allowing us to widen the traffic lanes. So we're not giving the developer any property. They're actually dedicating a 20-foot-wide parcel for the length of an entire block to the City, which 99 June 7, 2005 - Streets and Services allows us to widen the roadway.
Well, that's the kind of wrong thinking that ought not to appear on behalf of the City government, when you're saying that we're not making a huge investment in CBS. I have nothing against the company. As far as I know, it's a good company. Financially it's a strong company. That's the reason I think they ought to be paying for the cost and not us. I don't know why their shareholders, who undoubtedly are on average much better off financially than citizens of Philadelphia, why their shareholders ought to be benefiting and the taxpayer of Philadelphia ought to be suffering. COUNCILMAN DiCICCO: Thank you. Any other questions for these witnesses? (No response.) COUNCILMAN DiCICCO: Is there anyone here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing 100 June 7, 2005 - Streets and Services none, I will ask the clerk to read the title of the next bill. Thank you very much. Good luck to you. Thank you. Thanks for staying in Philadelphia.
If I may, I didn't know whether the Streets Department had asked that the rules be suspended on this. COUNCILMAN DiCICCO: We're going to handle that. Thank you.
Bill No. 050516, an Ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 120 by striking from the City Plan and vacating Harlan Street, Stewart Street and Nassau Street, each from 21st Street to 22nd Street, and by reserving and placing on the City Plan a right-of-way for gas main purposes within the beds of Stewart Street and Nassau Street being stricken under authority of this Ordinance, all under certain terms and conditions.
Good morning again, Mr. Chairman, and members of the 101 June 7, 2005 - Streets and Services committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 6 050516. This is not an administrative ordinance but an ordinance requested by Mr. Andy Davenport, Office of Housing and Community Development, 1234 Market Street, Philadelphia, PA 19107. The purpose of this ordinance is to strike and vacate Harlan Street, Nassau Street and Stewart Street from 21st to 22nd from the City Plan as part of the Sharswood Phase II redevelopment project. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable recommendation.
Good afternoon, Mr. Chairman and members of the Streets and Services Committee. My name is Martin Soffer and I'm here to testify on behalf of the City Planning Commission. This bill authorizes the striking 102 June 7, 2005 - Streets and Services from the City Plan Harlan Street, Stewart Street, Nassau Street, each from 21st Street to 22nd Street, and by reserving and placing on the City Plan a right-of-way for gas main purposes within the beds of Stewart and Nassau Street. The purpose of this ordinance is to allow for the construction of 71 new rental housing units at this location by the Sharswood Associates Limited. The Planning Commission staff reviewed and tentatively approved this action on December 15th, 1997. Therefore, the Planning Commission recommends that Bill No. 16 050416 be approved. Thank you. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses from the committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: The clerk 103 June 7, 2005 - Streets and Services will read the title, please, of the next bill.
Bill No. 050517, an Ordinance authorizing the paving of Uber Street, under certain terms and conditions.
Good morning, Mr. Chairman and members of the committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 050517. This is not an administrative ordinance but an ordinance requested by Ms. Hope Yusem, Project Manager, Redevelopment Authority, 1234 Market Street, Philadelphia, PA 19107. The purpose of this ordinance is to pave Uber Street for the Cecil B. Moore Phase III development project. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the committee? 104 June 7, 2005 - Streets and Services (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: This concludes the public hearing on the Committee of Streets and Services. (Public hearing of Committee of Streets and Services adjourned at 12:00 p.m.) - - - 105 June 7, 2005 - Streets and Services CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on June 7, 2005, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.) 106 June 7, 2005 - Streets and Services COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING - COMMITTEE ON STREETS AND SERVICES - - - Room 400, City Hall Philadelphia, Pennsylvania Tuesday, June 7, 2005, 12:00 p.m. BILLS 050420, 050511, 050269, 050362, 050457, 050468, 050374, 050375, 050376, 050458, 050469, 050512, 050417, 050514, 050516 and 050517 PRESENT: COUNCILMAN FRANK DiCICCO COUNCILMAN JUAN F. RAMOS COUNCILMAN DAVID COHEN COUNCILWOMAN DONNA REED MILLER COUNCILMAN FRANK RIZZO COUNCILMAN DARRELL L. CLARKE V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, PA 19103 215.561.2220 215.567.2670 107 June 7, 2005 - Streets and Services COUNCILMAN DiCICCO: We will now go into the public meeting. The Chair recognizes Councilman Ramos.
Thank you, Mr. Chairman. I move for the amendment to Bill No. 050420.
Second. COUNCILMAN DiCICCO: It has been properly moved and seconded that the amendment to Bill No. 050420 be approved. All in favor signify by saying aye. COUNCIL MEMBERS: Aye. COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The amendment is approved. Councilman Ramos.
Thank you, Mr. Chairman. I move that Bill No. 050420 as amended be reported out of committee with a favorable recommendation. I further move that the rules of Council be suspended to permit 108 June 7, 2005 - Streets and Services first reading of this bill at our next Council meeting.
Second. COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 7 050420 as amended be approved with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. COUNCIL MEMBERS: Aye. COUNCILMAN DiCICCO: Those opposed?
Note that I abstain on this. COUNCILMAN DiCICCO: Note that Councilman Cohen abstains on Bill No. 050420. Thank you. Councilman Ramos.
Thank you, Mr. Chairman. I move for the amendment to Bill No. 050511.
Second. COUNCILMAN DiCICCO: It's been 109 June 7, 2005 - Streets and Services properly moved and seconded that the amendment to Bill No. 050511 be approved. All in favor signify by saying aye. COUNCIL MEMBERS: Aye. COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: Councilman Ramos.
I move that Bill No. 050511 as amended be reported out of committee with a favorable recommendation. I further move that the rules of Council be suspended to permit the first reading of this bill at our next Council meeting.
Is this bill 19 related at all to the honor box? COUNCILMAN DiCICCO: No; just sidewalk vendors on South Street.
Okay. COUNCILMAN DiCICCO: They're expanding the ability for people to sell on the sidewalks. 110 June 7, 2005 - Streets and Services It has been properly moved and seconded that Bill No. 050511 as amended be approved. There's a further recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. All those in favor signify by saying aye. COUNCIL MEMBERS: Aye. COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 15 is approved as amended. Councilman Ramos.
Thank you, Mr. Chairman. I move that Bill No. 050269 be reported out of committee with a favorable recommendation. I further move that the rules of Council be suspended for first reading of this bill at our next Council meeting.
Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 111 June 7, 2005 - Streets and Services 050269 be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended. All those in favor signify by saying aye. COUNCIL MEMBERS: Aye. COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 13 is approved. Councilman Ramos.
Thank you, Mr. Chairman. I move for the amendment to Bill No. 050362.
Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that the amendment to Bill No. 050362 be approved. All those in favor of the amendment signify by saying aye. COUNCIL MEMBERS: Aye. COUNCILMAN DiCICCO: Those 112 June 7, 2005 - Streets and Services opposed? (No response.) COUNCILMAN DiCICCO: The amendment is approved. Councilman Ramos.
I move that Bill No. 050362 as amended be reported out of committee with a favorable recommendation. I further move that the rules of Council be suspended to permit first reading of this bill 12 at our next Council meeting.
Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 16 050362 as amended be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended. All those in favor signify by saying aye. COUNCIL MEMBERS: Aye. COUNCILMAN DiCICCO: Those opposed? (No response.) 113 June 7, 2005 - Streets and Services COUNCILMAN DiCICCO: The bill 3 is approved. Councilman Ramos.
I move that Bill No. 050457 be reported out of committee with a favorable recommendation. I further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting.
Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 14 050457 be reported out of this committee with a favorable recommendation and further that the rules of Council be suspended. All those in favor signify by saying aye. COUNCIL MEMBERS: Aye. COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 24 is approved. Councilman Ramos. 114 June 7, 2005 - Streets and Services
I move that Bill No. 050468 be reported out of committee with a favorable recommendation. I further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting.
Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 11 050468 be reported out of this committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. COUNCIL MEMBERS: Aye. COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 21 is approved. Councilman Ramos.
I move that Bill No. 050374 be reported out of committee with a favorable recommendation. I further 115 June 7, 2005 - Streets and Services move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting.
Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 8 050374 be reported out of committee with a favorable recommendation and a further recommendation that the rules of Council be suspended. All those in favor signify by saying aye. COUNCIL MEMBERS: Aye. COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 19 is approved.
I vote no. 21 COUNCILMAN DiCICCO: Let the record reflect that Councilman Cohen is voting no on Bill No. 050374. Councilman Ramos.
I move that 116 June 7, 2005 - Streets and Services Bill No. 050375 be reported out of committee with a favorable recommendation. I further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting.
Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 10 050375 be reported out of this committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. COUNCIL MEMBERS: Aye. COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 20 is approved. Councilman Ramos.
I move that Bill No. 050376 be reported out of committee with a favorable recommendation. I further move that the rules of Council be suspended to 117 June 7, 2005 - Streets and Services permit first reading of this bill at our next Council meeting.
Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 7 050376 be reported out of this committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. COUNCIL MEMBERS: Aye. COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 17 is approved. Councilman Ramos.
I move that Bill No. 050458 be reported out of committee with a favorable recommendation. I further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting.
Second. 118 June 7, 2005 - Streets and Services COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 4 050458 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. COUNCIL MEMBERS: Aye. COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 14 is approved.
I move that Bill No. 050469 be reported out of committee with a favorable recommendation. I further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting.
Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 24 050469 be reported out of this committee with a favorable recommendation and that the rules 119 June 7, 2005 - Streets and Services of Council be suspended. All those in favor signify by saying aye. COUNCIL MEMBERS: Aye. COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 10 is approved. Councilman Ramos.
I move that Bill No. 050512 be reported out of committee with a favorable recommendation. I further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. COUNCIL CLARKE: Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 21 050512 be reported out of this committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. 120 June 7, 2005 - Streets and Services COUNCIL MEMBERS: Aye. COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 7 is approved.
I move that Bill No. 050417 be reported out of committee with a favorable recommendation. I further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting.
Second. COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 17 050417 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. COUNCIL MEMBERS: Aye. COUNCILMAN DiCICCO: Those opposed? (No response.) 121 June 7, 2005 - Streets and Services COUNCILMAN DiCICCO: The bill 3 is approved. Councilman Ramos.
I move that Bill No. 050514 be reported out of committee with a favorable recommendation. I further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting.
Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 14 050514 be reported out of this committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. COUNCIL MEMBERS: Aye.
Councilman Cohen votes no. 22 COUNCILMAN DiCICCO: Councilman Cohen is voting no on Bill No. 050514. The bill is approved. Councilman Ramos. 122 June 7, 2005 - Streets and Services
I move that Bill No. 050516 be reported out of committee with a favorable recommendation. I further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting.
Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 11 050516 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. COUNCIL MEMBERS: Aye. COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 21 is approved. Councilman Ramos.
I move that Bill No. 050517 be reported out of committee with a favorable recommendation. I further 123 June 7, 2005 - Streets and Services move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting.
Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 8 050517 be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended. All those in favor signify by saying aye. COUNCIL MEMBERS: Aye. COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 19 is approved. This concludes the public meeting on the Committee of Streets and Services. Thank you all for attending. (Public Meeting of Committee of Streets and Services adjourned at 12:10 p.m.) - - - 124 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on June 7, 2005, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)