Committee Hearing, April 28, 2011

COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON STREETS AND SERVICES3 Room 400, City Hall6 Philadelphia, Pennsylvania Thursday, April 28, 20117 2:20 p.m. PRESENT: COUNCILMAN FRANK DiCICCO, CHAIR10 COUNCILMAN BILL GREEN COUNCILMAN WILLIAM K. GREENLEE11 COUNCILMAN CURTIS JONES, JR. COUNCILMAN JAMES KENNEY12 COUNCILWOMAN MARIA D. QUINONES-SANCHEZ BILLS 100783, 100874, 110081, 110157, 110182, 110183, 110231, 110260, 110272, 110273, 11027615 and 110232 - - -17 2 COUNCILMAN DiCICCO: Good2 afternoon, everyone. This is the public3 hearing on the Committee of Streets and4 Services.5 We do have a quorum. To my6 left is Councilman Bill Green. To my7 immediate right is Councilman William8 Greenlee, and joining us is also9 Councilwoman Quinones-Sanchez.10 I don't know if we're ready to11 begin the testimony, but I wanted to12 establish a quorum, because Councilman13 Green has to step out for a few minutes.14 So give us another couple minutes and15 we'll get started with the hearing.16 Thank you.17 (Brief pause.)18 COUNCILMAN DiCICCO:19 Mr. McMonagle, would you please read the20 title of the first bill.21

Bill No. 110232, an22 ordinance amending Chapter 12-3000 of The23 Philadelphia Code, entitled "Use Of An24 Automated Red Light Enforcement System To25 4/28/11 - STREETS - BILLS 100783, ETC.1 Prevent Red Light Violations," by2 authorizing the installation of red light3 enforcement systems at the intersection4 of Island Avenue at Lindbergh Boulevard,5 all under certain terms and conditions.6 (Witnesses approached witness7 table.)8 COUNCILMAN DiCICCO: Before you9 begin, Mr. Fenerty, I'd just like for the10 record, Councilman Jones is also in11 attendance. He's a member of this12 Committee as well.13 Proceed with your testimony.14

Thank you,15 Mr. Chairman.16 Good afternoon. My name is17 Vince Fenerty. I'm the Executive18 Director of the Philadelphia Parking19 Authority. I would like to thank the20 Chairman and the members of the Committee21 for allowing me to testify today. I22 would also like to thank President Verna23 for introducing this legislation. I am24 testifying in favor of Bill 110232, which25 4/28/11 - STREETS - BILLS 100783, ETC.1 would add an additional intersection to2 the red light camera program in the City.3 The intersection will be at Island Avenue4 and Lindbergh Boulevard.5 I would like to commend Council6 for its past excellence and, at most7 times, unanimous support for the program.8 Since the first cameras were activated at9 Grant and Roosevelt Boulevard on February10 23rd, 2005, the program has been11 successful in its main goals, decreasing12 the red light camera running, accidents,13 injuries and fatalities. There are now14 85 cameras at intersections. With the15 addition of this intersection at Broad16 and Vine Street, which was recently17 approved by Council, the citywide total18 will be 93 cameras at intersections.19 The intersection of Island20 Avenue and Lindbergh Boulevard is a large21 and a busy intersection with heavy22 traffic volume of vehicles and23 pedestrians. Also, the Route 36 trolley24 travels along Island Avenue at this25 5 4/28/11 - STREETS - BILLS 100783, ETC.1 intersection. Unfortunately, this2 intersection currently has a high rate of3 vehicles disregarding the red light4 signals. It is not an exaggeration to5 say that you sometimes put your life in6 your hands navigating this area. I7 believe that the red light cameras will8 change the behavior of the motorists here9 as they have in other parts of the City10 to make walking and driving in the area a11 safer experience. The establishment of12 red light cameras at this intersection13 will continue to enhance and extend this14 program to other dangerous intersections15 in the City.16 I ask that the Committee give17 Bill 110232 a favorable recommendation18 and request that the rules be suspended19 to allow the first reading at the next20 Council session.21 Thank you for the opportunity22 to testify before the Committee this23 afternoon. I would be happy to answer24 any questions which you may have.25 6 4/28/11 - STREETS - BILLS 100783, ETC.1 COUNCILMAN DiCICCO: Thank you.2 Mr. Denny.3

Good afternoon,4 Councilman DiCicco and members of the5 Committee. Thank you for the opportunity6 to appear before you today. My name is7 Charles Denny and I am the Assistant8 Chief Traffic Engineer of the Department9 of Streets. I am here to offer testimony10 on Bill No. 110232.11 This bill authorizes the12 installation of a red light enforcement13 system at the intersection of Island and14 Lindbergh. The Streets Department15 supports this bill. These devices have16 been shown to lower red light running at17 other locations where they are used in18 the City.19 Thank you for the opportunity20 to appear before you and I'm willing to21 answer any other questions.22 COUNCILMAN DiCICCO: Thank you,23 Mr. Denny.24 Any questions for these25 7 4/28/11 - STREETS - BILLS 100783, ETC.1 witnesses from the Committee?2 (No response.)3 COUNCILMAN DiCICCO: Is there4 anyone else here who wishes to testify5 for or against this bill?6 (No response.)7 COUNCILMAN DiCICCO: Seeing8 none, Mr. Abernathy -- I said it again.9 I apologize. Mr. McMonagle, please read10 the title of the next bill.11 He's in the room somewhere.12 Where is he?13

Bill No. 100783, an14 ordinance amending Chapter 9-200 of The15 Philadelphia Code, entitled "Commercial16 Activities on Streets," by amending17 Section 9-203, entitled "Street Vendors"18 and Section 9-205, entitled "Sidewalk19 Sales," by prohibiting street and20 sidewalk vending on certain portions of21 Castor Avenue from Oxford Avenue to Rhawn22 Street, all under certain terms and23 conditions.24 (Witness approached witness25 8 4/28/11 - STREETS - BILLS 100783, ETC.1 table.)2 COUNCILMAN DiCICCO: Good3 afternoon, Mr. Haigler.4

Good afternoon.5 COUNCILMAN DiCICCO: See, I6 didn't call you Abernathy, right?7 Please proceed with your8 testimony.9

Good afternoon,10 Chairman DiCicco and members of the11 Committee. I am Otis Haigler, Jr.,12 Director of Enforcement and Emergency13 Services for the Department of Licenses14 and Inspections. Today I am here to15 provide testimony on Bill 100783, which,16 if enacted, would amend Section 9-203,17 entitled "Street Vendors," and Section18 9-205, entitled "Sidewalk Sales," by19 prohibiting street and sidewalk vending20 on certain portions of Castor Avenue from21 Oxford Avenue to Rhawn Street.22 The Department offers no23 objections to the enactment of this bill,24 and I'm happy to answer any questions you25 9 4/28/11 - STREETS - BILLS 100783, ETC.1 have at this time.2 COUNCILMAN DiCICCO: Thank you,3 Mr. Haigler.4 Any questions for this witness5 from the Committee?6 (No response.)7 COUNCILMAN DiCICCO: Anyone8 else here who wishes to testify for or9 against this bill?10 (No response.)11 COUNCILMAN DiCICCO: Seeing12 none, please read the title of the next13 bill.14

Bill No. 110260, an15 ordinance amending Section 9-213 of The16 Philadelphia Code, entitled "Farmers'17 Markets," by adding a permissible18 location on the sidewalk of the west side19 of the 1600 block of East Moyamensing20 Avenue, all under certain terms and21 conditions.22

Good afternoon,23 Chairman DiCicco and members of the24 Committee. I am Otis Haigler, Jr.,25 10 4/28/11 - STREETS - BILLS 100783, ETC.1 Director of Enforcement and Emergency2 Services for the Department of Licenses3 and Inspections. Today I am here to4 provide testimony on Bill 110260, which,5 if enacted, will amend Section 9-213,6 entitled "Farmers' Markets," to add a7 permissible location on the west side of8 the 1600 block of East Moyamensing9 Avenue.10 The Department of Licenses and11 Inspections has no objections to the12 enactment of this bill, and I'm happy to13 answer any questions.14 COUNCILMAN DiCICCO: Thank you,15 Mr. Haigler.16 Any questions for this witness17 from the Committee?18 (No response.)19 COUNCILMAN DiCICCO: Is there20 anyone else who wishes to testify for or21 against this bill?22 (No response.)23 COUNCILMAN DiCICCO: Seeing24 none, please read the title of the next25 11 4/28/11 - STREETS - BILLS 100783, ETC.1 bill.2

Bill No. 110081, an3 ordinance amending Chapter 9-200 of The4 Philadelphia Code, entitled "Commercial5 Activities on Streets," by amending6 Section 9-203, entitled "Street Vendors,"7 and Section 9-205, entitled "Sidewalk8 Sales," by prohibiting street vending and9 sidewalk sales within the area bounded by10 and including both sides of East Tioga11 Street, Kensington Avenue, East Ontario12 Street, Potter Street, "I" Street, East13 Westmoreland Street, "F" Street,14 Kensington Avenue, East Monmouth Street,15 and Emerald Street, providing for certain16 exceptions and making certain technical17 changes, all under certain terms and18 conditions.19

Good day,20 Chairman DiCicco, members of the21 Committee. I am Otis Haigler, Jr.,22 Director of Enforcement and Emergency23 Services for the Department of Licenses24 and Inspections. Today I am here to25 12 4/28/11 - STREETS - BILLS 100783, ETC.1 provide testimony on Bill 110081, which,2 if enacted, will prohibit sidewalk and3 street vending in the designated areas as4 mentioned before.5 The Department has no6 objections to the enactment of this bill,7 and I'll be happy to answer any questions8 at this time.9 COUNCILMAN DiCICCO: Thank you.10 Any questions for this witness11 from the Committee?12 (No response.)13 COUNCILMAN DiCICCO: Anyone14 else who wishes to testify for or against15 the bill?16 One moment.17

You can18 come up, Randy.19 (Witnesses approached witness20 table.)21 COUNCILMAN DiCICCO: Before we22 begin with this testimony, I have a23 question. How many people are here for24 the 8th and Walnut project? Just raise25 13 4/28/11 - STREETS - BILLS 100783, ETC.1 your hand.2 (Some audience members raise3 their hands.)4 COUNCILMAN DiCICCO: How many5 of you will be testifying?6 (Some audience members raise7 their hands.)8 COUNCILMAN DiCICCO: And on the9 ADA ramps, I know, Roseanne, you'll be10 testifying. Mark Squilla will be11 testifying and -- three, four. I'm12 trying to think which one will have the13 most testimony so I don't hold everybody14 up all afternoon.15 All right. We'll get back to16 you.17 Good afternoon. Please proceed18 with -- you have to read the title of the19 bill.20

No.21

Same22 bill.23 COUNCILMAN DiCICCO: Same bill?24 Sorry about that. Please proceed with25 14 4/28/11 - STREETS - BILLS 100783, ETC.1 your testimony.2

Good afternoon,3 Committee Chair and members of City4 Council. My name is Randy Hofer and I am5 the Director of Marketing at Impact6 Services Corporation. I am here today to7 testify in support of Bill No. 110081.8 As part of its economic9 development activities, Impact manages10 the K&A Business Association, which11 offers support and services to over 7512 local businesses. Most businesses along13 the K&A corridor are small shops that14 have been hard hit by the current15 recession. Additionally, in recent16 months, street vending has become a17 growing issue in most areas along the18 corridor. Most recently we had a dental19 van operating across the street from the20 local dentist, a hot dog stand across the21 street from one of our diners, perfumes22 around the corner from a variety store,23 and T-shirt stands in front of clothing24 stores. Unfortunately, we also have25 15 4/28/11 - STREETS - BILLS 100783, ETC.1 vendors selling merchandise in the street2 at busy intersections, disrupting traffic3 flow, and others are selling small4 turtles that have been found to be5 diseased to unsuspecting residents. Some6 of these ventures are unsafe, but all are7 in direct competition with our businesses8 legally operating, paying rent and taxes9 to the City of Philadelphia.10 We have witnessed street11 vendors aggressively pursuing customers12 as they walk out of the El station and13 observe them set up close proximity to14 the stores they are in direct competition15 with. However, this is not fair16 competition. Vendors have an unfair17 advantage because they are able to charge18 less for the goods since their overhead19 costs are much less. Their activity20 interrupts business at our local stores21 and often provides a lower-quality22 product and services to our neighborhood23 consumers. Additionally, they take24 revenue directly from the City, because25 16 4/28/11 - STREETS - BILLS 100783, ETC.1 they pay fewer taxes, if any, and take2 market share away from our local3 retailers.4 At the request of our5 businesses and in order to protect our6 merchants and their customers, a motion7 to expand our non-vending area along the8 K&A corridor was accepted at our monthly9 Business Association meeting on October10 20th, 2010. The motion was voted and all11 were in favor to initiate a resolution to12 the existing ordinance.13 The City of Philadelphia has14 invested largely in our commercial15 corridor for many years. It is our16 opinion street vending undermines the17 stability of local businesses and the18 ongoing revitalization efforts of Impact19 Services. We strongly urge that City20 Council pass this ordinance to help21 improve conditions for our merchants,22 residents and the City of Philadelphia.23 COUNCILMAN DiCICCO: Thank you.24 Proceed with your testimony,25 17 4/28/11 - STREETS - BILLS 100783, ETC.1 please.2

My name is3 Patricia Codina from Impact Services as4 well. I'm the Corridor Manager, and I'm5 here to read testimony from one of our6 local businessowners.7 Good afternoon. My name --8 COUNCILMAN DiCICCO: Please9 pull the microphone a little bit closer10 and speak into it. Thank you.11

Good afternoon.12 My name is Dr. Abdul Sami Janjua, DDS. I13 am a dentist and have had my practice at14 1822 East Allegheny Avenue since 1986. I15 am also an active member of the K&A16 Business Association and have been since17 2000. I am giving testimony today in18 favor of an ordinance that prohibits19 street vending on a larger area around20 the Kensington and Allegheny commercial21 corridor.22 Street vending has had a very23 negative impact on established businesses24 along our corridor. Last year I25 18 4/28/11 - STREETS - BILLS 100783, ETC.1 experienced this firsthand when a dental2 van parked on the north side of East3 Allegheny Avenue right in front of my4 practice. The van conducted dental5 services on the truck, and the company's6 employees would walk along the sidewalks7 handing out flyers, especially to El8 riders as they exited the Allegheny9 Station. Many of my patients were10 approached and lured to the van. My11 business suffered during the time the van12 was operating across the street.13 Additionally, the truck14 occupied almost four spaces on a street15 where parking spaces are limited and16 patients and clients of local businesses17 struggle to find convenient parking. It18 also represented a loss of revenue for19 the City, because they did not feed the20 meters all the time that they were21 parked. Not only was the dental van22 diverting patients from my practice, but23 also disrupting traffic and limiting24 parking options for K&A customers.25 19 4/28/11 - STREETS - BILLS 100783, ETC.1 After many months of calls to2 3-1-1 and working with the Business3 Association to keep the van off the4 corridor, we were finally able to get5 them to move. Unfortunately, this only6 moved them a couple of blocks away. For7 this reason, I fully support the new8 ordinance being proposed to expand the9 area where the street vending is10 prohibited. In this case keeping the11 dental van away will be good for my12 business, but keeping other vendors away13 will be good for other businesses on the14 corridor as well. I reiterate my support15 for this ordinance and urge Council to16 pass it for the benefit of the K&A17 corridor.18 COUNCILMAN DiCICCO: Thank you.19 No questions from the Committee20 for these witnesses.21 Anyone else here to testify?22 (No response.)23 COUNCILMAN DiCICCO: Thank you.24 Thank you for coming in. Thank you for25 20 4/28/11 - STREETS - BILLS 100783, ETC.1 your testimony.2

Thank you very3 much.4 COUNCILMAN DiCICCO:5 Mr. McMonagle, please read the title of6 the next bill.7

Bill No. 100874, an8 ordinance authorizing the revision of9 lines and grades on a portion of City10 Plan No. 157 by striking from the City11 Plan and vacating the legally open12 portions of American Street from Sedgley13 Avenue southeastwardly to its terminus14 and reserving and placing on the City15 Plan a right-of-way for sewer and16 drainage purposes within the lines of17 American Street being stricken and18 authorizing the acceptance of the grant19 to the City of the said right-of-way,20 under certain terms and conditions.21 COUNCILMAN DiCICCO: We went22 out of order just to get all of your23 testimony, because the other two bills24 are going to be a little bit lengthy. I25 21 4/28/11 - STREETS - BILLS 100783, ETC.1 know you can't wait to get back to your2 office.3

Good afternoon,4 Mr. Chairman and members of the5 Committee. My name is Frank Morelli,6 Survey Bureau Manager of the Department7 of Streets, and the Department of Streets8 would like to offer the following9 testimony on Bill No. 100874.10 This is not an Administration11 ordinance, but an ordinance requested by12 Mr. Mahn Suh Park, 309 West Sedgley13 Avenue, Philadelphia, PA.14 The purpose of this ordinance15 is to authorize the striking from the16 City Plan and vacating the legally open17 portions of American Street from Sedgley18 Avenue southeastwardly to its terminus at19 the northwesterly right-of-way line of20 the connecting railway and the reserving21 and placing on the City Plan of a22 right-of-way for sewer and drainage23 purposes within the lines of American24 Street being stricken. The portion of25 22 4/28/11 - STREETS - BILLS 100783, ETC.1 American Street proposed to be stricken2 is not currently paved and the City is3 not desirous of opening this street to4 public traffic. This action will allow5 the abutting owner to consolidate his6 property and make improvements to the7 existing business occupying the site.8 This ordinance is supported by9 the Department of Streets and is10 recommended to your Committee for11 favorable action.12

Good afternoon,13 Chairman DiCicco and members of the14 Streets and Services Committee. I am15 William Erickson, a City Planner with the16 Development Planning Division of the17 Philadelphia City Planning Commission. I18 am here to testify on Bill No. 100874,19 which Councilmember Sanchez introduced on20 December 16th, 2010.21 This Streets Bill 100874 will22 strike and vacate American Street from23 Sedgley Avenue to the dead end and place24 a right-of-way for sewer and drainage in25 23 4/28/11 - STREETS - BILLS 100783, ETC.1 the bed of the former American Street.2 The purpose is the removal of a paper3 street to allow the owner of 390 West4 Sedgley Avenue to consolidate his5 property to allow for the expansion of6 his demolition company.7 At its meeting of January 18th,8 2011, the City Planning Commission9 recommended that Bill No. 100874 be10 approved.11 This concludes my testimony.12 COUNCILMAN DiCICCO: Thank you.13 Any questions for these14 witnesses on this bill?15 (No response.)16 COUNCILMAN DiCICCO: Anyone17 else here to testify?18 (No response.)19 COUNCILMAN DiCICCO: Seeing20 none, please read the title of the next21 bill.22

Bill No. 110157, an23 ordinance authorizing the revision of24 lines and grades on a portion of City25 24 4/28/11 - STREETS - BILLS 100783, ETC.1 Plan No. 63 by relocating the2 northeasterly curbline of the Benjamin3 Franklin Parkway, from Twentieth Street4 to Twenty-First Street, two feet5 southwestwardly and relocating portions6 of certain curblines within the area7 bounded by Benjamin Franklin Parkway,8 Twenty-First Street, Pennsylvania Avenue,9 and Twentieth Street to establish certain10 curb bump-outs and corner radii, under11 certain terms and conditions.12

Good afternoon,13 Mr. Chairman and members of the14 Committee. My name is Frank Morelli,15 Survey Bureau Manager of the Department16 of Streets, and the Department of Streets17 would like to offer the following18 testimony on Bill No. 110157.19 This is an Administration20 ordinance requested by the Streets21 Department.22 The purpose of this ordinance23 is to relocate the curbline of the24 Parkway in accordance with the request of25 25 4/28/11 - STREETS - BILLS 100783, ETC.1 the Department of Parks and Recreation2 and to increase pedestrian safety and3 improve traffic circulation at the site4 of the new Barnes Museum.5 This ordinance is supported by6 the Department of Streets and is7 recommended to your Committee for8 favorable action.9

Good afternoon,10 Chairman DiCicco and members of the11 Streets and Services Committee. I am12 William Erickson, a City Planner with the13 Development Planning Division of the14 Philadelphia City Planning Commission. I15 am here to testify on Bill 110157, which16 Councilmember Clarke introduced on March17 3rd, 2011.18 This Streets Bill 110157 is to19 authorize the relocating of the northerly20 curbline of Benjamin Franklin Parkway21 between 20th and 21st Street by widening22 the sidewalk to 17 feet and reducing the23 cartway to 16 feet. Additionally, it24 will allow bump-outs to be established at25 26 4/28/11 - STREETS - BILLS 100783, ETC.1 the two intersections on 20th Street in2 order to improve the safety of3 pedestrians. The City Plan change4 implements traffic circulation5 improvements recommended in the Benjamin6 Franklin Parkway Circulation, Parking and7 Transit Study completed for the City8 Planning Commission and the Commerce9 Department in January 2007, and follows10 the Fairmount Park Commission landscape11 design guidelines.12 The Philadelphia City Planning13 Commission reviewed this action at its14 meeting on April 19th, 2011 and15 recommended that Bill No. 110157 be16 approved.17 COUNCILMAN DiCICCO: Thank you.18 Any questions for these19 witnesses from the Committee?20 (No response.)21 COUNCILMAN DiCICCO: Anyone22 else here who wishes to testify?23 Mr. Jottman (ph).24

Good afternoon,25 27 4/28/11 - STREETS - BILLS 100783, ETC.1 Mr. Chairman, members of the Committee.2 I'll be brief. As has already been3 testified, these are relatively minor4 changes to the streets plan that we5 believe serve two purposes here. They're6 consistent with recommendations of the7 Fairmount Park as well as serving to8 enhance and promote both pedestrian and9 vehicular circulation around the site of10 the new Barnes Museum and Educational11 Facility.12 I'd like to thank you for13 scheduling this hearing, and I'd also14 like to thank Councilman Clarke for15 introducing the legislation and for all16 of his support with everything that's17 been before this Council related to the18 Barnes Collection coming to the City of19 Philadelphia.20 Thank you very much.21 COUNCILMAN DiCICCO: Thank you22 for your testimony.23 Anyone else who wishes to24 testify on this bill?25 28 4/28/11 - STREETS - BILLS 100783, ETC.1 (No response.)2 COUNCILMAN DiCICCO: Seeing3 none, please read the title of the next4 bill.5

Bill No. 110182, an6 ordinance authorizing the plotting upon7 City Plan Nos. 258 and 270 of two8 rights-of-way for sewer and drainage9 purposes in the area lying southeast of10 Tacony Street and southwest of former11 Vankirk Street, within the property12 formerly known as the Frankford Arsenal,13 and authorizing acceptance of the grant14 to the City of the said rights-of-way,15 under certain terms and conditions.16

Good afternoon,17 Mr. Chairman and members of the18 Committee. My name is Frank Morelli,19 Survey Bureau Manager of the Department20 of Streets, and the Department of Streets21 would like to offer the following22 testimony on Bill No. 110182.23 This is not an Administration24 ordinance, but an ordinance requested by25 29 4/28/11 - STREETS - BILLS 100783, ETC.1 Brook J. Weese, Esquire, representing2 Hankin Management Company of Elkins Park,3 Pennsylvania.4 The purpose of this ordinance5 is to authorize the plotting upon the6 City Plan and acceptance of the grant to7 the City for two rights-of-way for sewer8 and drainage purposes in the area laying9 southeast of Tacony Street and southwest10 of former Vankirk Street, within the11 property formerly known as the Frankford12 Arsenal. The proposed rights-of-way will13 encompass existing sewers within the14 Arsenal property. This action will15 facilitate plans for development within16 the Arsenal property for a retail17 shopping center consisting of over18 500,000 square feet of stores.19 This ordinance is supported by20 the Department of Streets and is21 recommended to your Committee for22 favorable action.23

Good afternoon,24 Chairman DiCicco and members of the25 30 4/28/11 - STREETS - BILLS 100783, ETC.1 Streets and Services Committee. I am2 William Erickson, a City Planner with the3 Development Planning Division of the4 Philadelphia City Planning Commission. I5 am here to testify on Bill No. 110182,6 which Councilmember Krajewski introduced7 on December 16th, 2010.8 Bill No. 110182 places upon the9 City Plan two rights-of-way for sewer and10 drainage purposes within the property11 known as the Frankford Arsenal. This12 action is required as part of the13 redevelopment of the Frankford Arsenal14 into an Area Shopping Center. The15 applicant is proposing a large-scale16 shopping center at this location. The17 shopping center will be approximately18 490,000 foot of commercial space with19 ample parking.20 The City Planning Commission21 recommended approval to Bill No. 11015122 on February 15th, 2011 for a zoning23 change to allow for the construction of24 the Frankford Arsenal Shopping Center.25 31 4/28/11 - STREETS - BILLS 100783, ETC.1 Therefore, the City Planning Commission2 recommends approval for Bill No. 1101823 as an item in accordance with previous4 policy.5 COUNCILMAN DiCICCO: Thank you.6 Any questions for these7 witnesses from the Committee?8 (No response.)9 COUNCILMAN DiCICCO: Anyone10 else here who wishes to testify on this11 bill?12 (No response.)13 COUNCILMAN DiCICCO: Seeing14 none, please read the title of the next15 bill.16

Bill No. 110183, an17 ordinance authorizing the revision of18 lines and grades on a portion of City19 Plan Nos. 196, 197, and 305 by relocating20 the southwesterly curbline of Allegheny21 Avenue, from a point approximately22 two-hundred feet southeast of Richmond23 Street to Delaware Avenue, ten feet24 northeastwardly, thereby increasing the25 32 4/28/11 - STREETS - BILLS 100783, ETC.1 width of the southwesterly footway area2 of said Allegheny Avenue; closing3 Allegheny Avenue, southeast of Delaware4 Avenue, to vehicular traffic; and5 relocating the southeasterly curbline of6 Delaware Avenue, from Allegheny Avenue to7 Lewis Street, varying distances8 northwestwardly, thereby increasing the9 width of the southeasterly footway area10 of said Delaware Avenue; all under11 certain terms and conditions.12

The Department of13 Streets would like to offer the following14 testimony on Bill No. 110183.15 This is an Administration16 ordinance requested by James Donaghy of17 City of Philadelphia's Commerce18 Department.19 The purpose of this ordinance20 is to authorize the relocation of the21 southwesterly curbline of Allegheny22 Avenue, from a point approximately 20023 feet southeast of Richmond Street to24 Delaware Avenue, and the southeasterly25 33 4/28/11 - STREETS - BILLS 100783, ETC.1 curbline of Delaware Avenue, from2 Allegheny to Lewis Street, thereby3 widening the footway area in these4 locations, and to authorize the closing5 of Allegheny, southeast of Delaware6 Avenue, to vehicular traffic. The7 purpose of this action is to facilitate8 the development and construction by the9 City and the Delaware River City10 Corporation of the North Delaware11 Riverfront Trail along Allegheny and12 Delaware Avenues at this location.13 This ordinance is supported by14 the Department of Streets and recommended15 to your Committee for favorable action.16

Good afternoon,17 Chairman DiCicco and members of the18 Streets and Services Committee. I am19 William Erickson, a City Planner with the20 Development Planning Division of the21 Philadelphia City Planning Commission. I22 am here to testify on Bill No. 110183,23 which Councilmember DiCicco and24 Councilwoman Krajewski introduced on25 34 4/28/11 - STREETS - BILLS 100783, ETC.1 March 10th, 2011.2 This Streets Bill No. 110183,3 which will relocate the southwesterly4 curbline of Allegheny Avenue, from the5 southeast of Richmond Street to Delaware6 Avenue, ten feet northeastwardly, thereby7 increasing the width of the sidewalk area8 of Allegheny Avenue, along with the9 revision of Delaware Avenue, from10 Allegheny Avenue to Lewis Street. The11 purpose of this Streets bill is to allow12 the North Delaware Riverfront Trail to be13 constructed.14 The Philadelphia City Planning15 Commission reviewed this action at its16 meeting on March 15th, 2011 and17 recommends that Bill No. 110183 be18 approved.19 COUNCILMAN DiCICCO: Thank you.20 Any questions for these21 witnesses from the Committee?22 (No response.)23 COUNCILMAN DiCICCO: Anyone24 else here who wishes to testify on this25 35 4/28/11 - STREETS - BILLS 100783, ETC.1 bill?2 (No response.)3 COUNCILMAN DiCICCO: Seeing4 none, please read the title of the next5 bill.6

Bill No. 110273, an7 ordinance authorizing the revision of8 lines and grades on a portion of City9 Plan No. 278 by striking from the City10 Plan and vacating Delaware Avenue from11 Robbins Street to Levick Street,12 reserving and placing on the City Plan a13 right-of-way for sewer and drainage14 purposes, water main purposes, and public15 utility purposes within the lines of16 Delaware Avenue being stricken, placing17 on the City Plan a right-of-way reserved18 for drainage purposes extending from the19 southeasterly side of Delaware Avenue,20 southwest of Levick Street,21 southeastwardly to the Pierhead Line of22 the Delaware River, and relocating the23 curblines of Levick Street from Barnett24 and Elbridge Streets to Delaware Avenue,25 36 4/28/11 - STREETS - BILLS 100783, ETC.1 thereby increasing the cartway width of2 said Levick Street; all under certain3 terms and conditions.4

The Department of5 Streets would like to offer the following6 testimony on Bill No. 110273.7 This is an Administration8 ordinance requested by the Philadelphia9 Commerce Department, James Donaghy.10 The purpose of this ordinance11 is to authorize the striking from the12 City Plan and vacating of Delaware Avenue13 from Robbins Street to Levick Street and14 reserving and placing on the City Plan of15 a right-of-way for sewer and drainage,16 water main and public utility purposes17 within the lines of Delaware Avenue being18 stricken, the placing on the City Plan of19 a right-of-way reserved for drainage20 purposes extending from the southeasterly21 side of Delaware Avenue, southwest of22 Levick Street and southeastwardly to the23 Delaware River, and the relocating of the24 curblines and widening of the cartway of25 37 4/28/11 - STREETS - BILLS 100783, ETC.1 Levick Street from Barnett to Elbridge2 Streets to Delaware Avenue. These3 actions will facilitate the plans by the4 Commerce Department and the Delaware5 River City Corporation to develop6 Lardner's Point Park at this location as7 part of the North Delaware Riverfront8 Greenway.9 This ordinance is supported by10 the Department of Streets and is11 recommended to your Committee for12 favorable action.13

Good afternoon,14 Chairman DiCicco and members of the15 Streets and Services Committee. I am16 William Erickson, a City Planner with the17 Development Planning Division of the18 Philadelphia City Planning Commission. I19 am here to testify on Bill No. 110273,20 which Councilmember Krajewski introduced21 on April 14th, 2011.22 This Streets Bill 110273 will23 strike from the City Plan Delaware Avenue24 from Robbins Street to Levick Street,25 38 4/28/11 - STREETS - BILLS 100783, ETC.1 with the placement of a utility2 right-of-way in the former bed of the3 street. The purpose of this Streets bill4 is to allow for the construction of the5 Lardner Point Park.6 The Philadelphia Planning7 Commission is planning on hearing this8 item at its next meeting of May 17th,9 2011, but I don't see any major issues10 with this Streets action. But we haven't11 actually heard -- we haven't taken it12 formally to the Planning Commission.13 This concludes my testimony on14 this bill.15 COUNCILMAN DiCICCO: So you16 would not have any problems with us17 voting the bill out, but we could hold18 off on the suspension until --19

Until we get a20 chance to --21 COUNCILMAN DiCICCO: We'll vote22 it out today hopefully without a23 suspension. We won't do the suspension.24 Okay. Thank you.25 39 4/28/11 - STREETS - BILLS 100783, ETC.1 Any questions for these2 witnesses?3 (No response.)4 COUNCILMAN DiCICCO: Anyone5 else here who wishes to testify on this6 bill?7 (No response.)8 COUNCILMAN DiCICCO: Seeing9 none, please read the title of the next10 bill.11

Bill No. 110276, an12 ordinance authorizing the revision of13 lines and grades on a portion of City14 Plan No. 121 by striking from the City15 Plan and vacating the legally open16 portions of the westerly twelve feet wide17 portion of Thirty-Second Street from18 Glenwood Avenue to a point approximately19 twelve feet south of the southerly side20 of Master Street produced and reserving21 and placing on the City Plan a22 right-of-way for drainage purposes and23 water main purposes and a right-of-way24 for drainage purposes within portions of25 40 4/28/11 - STREETS - BILLS 100783, ETC.1 the portion of Thirty-Second Street being2 stricken and authorizing the acceptance3 of the grant to the City of said4 rights-of-way; all under certain terms5 and conditions.6

The Department of7 Streets would like to offer the following8 testimony on Bill No. 110276.9 This is not an Administration10 ordinance, but an ordinance requested by11 Anthony R. DiArenzo of Conrail, 100012 Howard Boulevard, Mount Laurel, New13 Jersey.14 The purpose of this ordinance15 is to authorize the striking from the16 City Plan and vacating the westerly 1217 foot wide portion of 32nd Street from18 Glenwood Avenue to approximately 12 feet19 south of Master Street and the reserving20 and placing upon the City Plan of a21 right-of-way for drainage purposes and22 water main purposes and a right-of-way23 for drainage purposes within the portions24 of the area being stricken. The area25 41 4/28/11 - STREETS - BILLS 100783, ETC.1 proposed to be stricken is currently2 occupied by an active railroad track3 operated by Conrail which connects CSX4 Trenton Line with Amtrak's Northeast5 Corridor. Conrail has requested this6 action to provide clearance for the7 operation of trains and to improve8 efficiency and safety of these9 operations.10 This ordinance is supported by11 the Department of Streets and is12 recommended to your Committee for13 favorable action.14

Good afternoon,15 Chairman DiCicco and members of the16 Streets and Services Committee. I am17 William Erickson, a City Planner with the18 Development Planning Division of the19 Philadelphia City Planning Commission. I20 am here to testify on Bill No. 110276,21 which Councilmember Clarke introduced on22 April 14th, 2011.23 This Streets Bill 110276 will24 strike from the City Plan 12 foot of the25 42 4/28/11 - STREETS - BILLS 100783, ETC.1 westerly portion of 32nd Street from2 Glenwood Street to a point 12 feet south3 of Master Street and the placement of a4 drainage right-of-way in the former bed5 of the street. The purpose of this6 Street bill is to allow Conrail to more7 effectively operate its rail system.8 The Philadelphia City Planning9 Commission is planning on hearing this10 item at its meeting on May 17th, 2011. I11 don't see any major issues with this12 Street bill. However, we haven't seen13 the item.14 This concludes my testimony on15 that.16 COUNCILMAN DiCICCO: Thank you.17 Any questions for these18 witnesses from the Committee?19 (No response.)20 COUNCILMAN DiCICCO: Is there21 anyone else here who wishes to testify?22 (No response.)23 COUNCILMAN DiCICCO: Please24 read the title of the next bill.25 43 4/28/11 - STREETS - BILLS 100783, ETC.1 Thank you, gentlemen.2

Bill No. 110272, an3 ordinance amending Section 11-505 of The4 Philadelphia Code, entitled "Sidewalk5 Paving and Other Improvements By Property6 Owners," by providing further7 specifications for curb and sidewalk8 paving, under certain terms and9 conditions.10 COUNCILMAN DiCICCO: Ms. Loesch11 and Mr. Squilla, would you care --12 Roseanne, you're going to have testimony13 or you're going to speak on this, I14 assume. So I'll bring you guys up as a15 panel and then we'll bring the16 Commissioner and the other people.17

The Preservation18 Alliance is here as well. I don't know19 if you want him in the same panel.20 COUNCILMAN DiCICCO: Yeah.21 Preservation Alliance, absolutely.22 And, John Farnham, I guess you23 might be -- are you here just to offer24 advice?25 44 4/28/11 - STREETS - BILLS 100783, ETC.1

I have no2 testimony.3 COUNCILMAN DiCICCO: Thank you.4 (Witnesses approached witness5 table.)6 COUNCILMAN DiCICCO: Please7 proceed.8

Good afternoon --9 COUNCILMAN DiCICCO: Please10 identify yourself.11

-- Councilman12 DiCicco, Councilman Greenlee and -- I'm13 sorry.14 COUNCILMAN DiCICCO: Councilman15 Jones.16

Jones. 17 My name is Roseanne Loesch and I am18 President of Society Hill Civic19 Association, the neighborhood association20 for Society Hill, and I am here to21 testify in favor of Bill No. 1 The reason why the -- the bill2 calls for materials substantially the3 same in appearance as to be used on ADA4 ramps, substantially similar in5 appearance to the material -- the6 original material of the sidewalk. In7 Society Hill all the sidewalks are made8 of brick, and this bill would call for9 brick ramps. And the reason why this is10 being reconsidered is because this11 project right now, which was started in12 Society Hill, was stopped because the13 City was interfering with the fabric of14 historic materials by using cheek walls15 to install the grading. 19 I have two points to make. 21 What economic benefits is it to22 these cities to install all brick ramps23 in their historic areas? 2 billion of visitor spending6 to Philadelphia in 2009. And we all know7 that a large part of the draw for8 Philadelphia is historic tourism. 15 For the same year, 2009, 83,664 jobs were16 sustained through tourism. 1 ADA compliance, and this is a very2 important issue, and obviously we support3 ADA compliance for these ramps a hundred4 percent. So I called Williamsburg and I5 called Norristown and I spoke to them6 about this issue. Yesterday I had a7 lengthy conversation with the regional8 manager for the engineering firm that9 designed and oversaw the installation of10 brick ramps in Norristown, and he said11 that they have had little or no12 maintenance issues with brick ramps and13 that they have had no complaints of14 non-compliance. 19 Charles said one of the most important20 things for the disability community is21 obviously compliance, and any material22 can come out of compliance. 1 he's in a wheelchair, and he was going2 along and hit a non-compliant ramp and3 was thrown out of his wheelchair. You4 know, terrible thing, obviously. 9 So the point is that any10 material can come out of -- can become11 non-compliant. 16 And my final point about17 maintenance actually is something that18 was raised by Councilman DiCicco in talk19 with the City. There is a question about20 whether a homeowner who has a residence21 on a corner and the ramp comes out of22 compliance, if it is -- how difficult is23 it to repair a brick ramp as opposed to a24 cement ramp. 1 out of compliance through a SEPTA bus or2 a two-ton truck going across the curb and3 breaking the concrete ramp requires a4 homeowner to hire someone to actually5 jackhammer out that ramp. 21 Mr. 22

Mark Squilla.23 I'm here to testify on Bill 11027224 amending Section 11-505.25 51 4/28/11 - STREETS - BILLS 100783, ETC.1 I first came to notice this2 while canvassing the Society Hill and Old3 City neighborhoods, and several of the4 residents were actually complaining about5 the aesthetic look of it. And at first I6 didn't realize that it would be that big7 a deal, and then as I noticed by going8 from street to street, you could see not9 only were they done differently, each10 corner had either a small portion of the11 cement with the ADA ramp or a large12 portion of cement. And I realized then13 that not only was it a problem for the14 residents, but I believe and I agree with15 Roseanne, as we spoke, it's a problem for16 the City of Philadelphia.17 We live in a city that's18 historic. Millions of people come into19 the City of Philadelphia to see it. So20 why not put the extra effort in to make21 it look the same as it did before we had22 these ADA ramps installed? And I think23 that's an important aspect.24 Also -- and I realize this --25 52 4/28/11 - STREETS - BILLS 100783, ETC.1 this is a federally mandated project. So2 I called our Congressman to see if3 there's anything that he could do to help4 us out on this, if there maybe is a cost5 to the City to have to fix these ramps6 that are already installed, and he is7 looking favorably on that to help us with8 Council to make this happen.9 So I think it's very important10 to realize that this is not only11 important to just the residents, but it's12 important to the whole City of13 Philadelphia to make this work, and I14 would hope that you would consider15 favorably ruling on this, because I think16 it's just something that we need as a17 city and something that we need to keep18 our neighborhoods alive.19 So thank you.20 COUNCILMAN DiCICCO: Thank you.21 Please.22

Councilman DiCicco,23 members of the Committee, I appreciate24 this opportunity to speak before you on25 53 4/28/11 - STREETS - BILLS 100783, ETC.1 proposed Bill 110272. My name is Ben2 Leach. I'm the Director of Advocacy at3 the Preservation Alliance for Greater4 Philadelphia.5 Our interest in this bill6 before you is twofold. First, when the7 sidewalk work in Society Hill began8 earlier this spring, it's fair to say9 that our office was actually inundated10 with calls from members of both our11 organization and other concerned citizens12 about the impact that this work was13 having on the historic character of that14 neighborhood.15 Second, we have a more16 practical concern about the actual17 physical effect that some of these ramps18 are causing to adjacent buildings, some19 of which the Alliance holds protective20 facade easements on and, therefore, we21 have design review responsibilities for22 any exterior alterations. We believe23 that the intersection of this bill is a24 good one.25 54 4/28/11 - STREETS - BILLS 100783, ETC.1 First, we'd like to clarify2 that we completely understand the need3 both legally and practically to replace4 many of these sidewalk ramps and the5 important benefits these ramps provide to6 significant numbers of our fellow7 citizens, but we believe that the nature8 of Philadelphia's historic sidewalks9 prevent a one-size-fits-all engineering10 solution to the problem. It's important11 to remember that the issue is bigger than12 one of bricks in Society Hill. As this13 work moves on to other areas of the City,14 a number of new and unique conditions15 involving many other materials will be16 encountered, granite in Old City being17 but one example. Having language in The18 Philadelphia Code that acknowledges the19 need for contextually appropriate design20 solutions is important.21 Secondly, we would also hope22 that the proposed bill addresses the23 so-called cheek walls being installed at24 certain corner buildings where regrading25 55 4/28/11 - STREETS - BILLS 100783, ETC.1 has exposed the foundations of these2 buildings. The solution to this3 apparently unforeseen condition has so4 far been to pour essentially concrete5 curbs adjacent to the building, the6 feature that it has absolutely no7 historic precedent and is often visually8 quite distracting. We believe that other9 solutions and other materials are more10 appropriate and addressing these concerns11 and requirements before a job has gone12 out to bid is essential, and we believe13 this bill can help provide that.14 Thank you.15 COUNCILMAN DiCICCO:16 Mr. Squilla.17

Yes. One thing I18 did omit. When I did contact the Council19 office, I did reach out to Councilman20 DiCicco and Councilman Kenney, and I do21 appreciate your act so swiftly on this,22 because this is not important only to,23 like I said, the neighborhood, but it is24 important to the City of Philadelphia,25 56 4/28/11 - STREETS - BILLS 100783, ETC.1 and I want to thank you for that.2 COUNCILMAN DiCICCO: Thank you.3 Ms. Loesch.4

There was one5 important thing that I forgot to say, is6 that in addition to other districts like7 Williamsburg and Norristown and many8 other municipalities which have brick9 ramps, there's an example at 4th and10 Walnut where Independence National11 Historic Parks already has theirs. The12 City installed it under the agreement I13 spoke of, and it's a beautiful ramp and14 looks like it's going to hold up really15 well and is in keeping with that park.16 And that's all I wanted to add.17 Thank you.18 COUNCILMAN DiCICCO: I was out19 of town last week in Fort Lauderdale and20 I noticed a brick sidewalk with the new21 pad that's required, and all that was22 actually done was that the pad was bolted23 into the brick sidewalk. So there was no24 concrete. So, I mean, every municipality25 57 4/28/11 - STREETS - BILLS 100783, ETC.1 handles things a lot differently, but I2 suspect that they're under the same3 federal requirements, because it's that4 new pad that we're seeing now that was5 installed on a brick pavement in Fort6 Lauderdale.7 Thank you for your testimony.8 Councilman Greenlee.9 COUNCILMAN GREENLEE:10 Councilman Jones and I were just -- I11 heard the term "cheek wall." Could12 somebody explain that? What does that13 mean?14 COUNCILMAN DiCICCO: Before you15 begin.16 (Off-the-record discussion17 between Councilmembers.)18 COUNCILMAN DiCICCO: Thank you.19 Councilman Kenney, you have20 questions or comments for these folks or21 the Streets?22

Thank you23 very much, Mr. 1 few words. I'm also happy the Chairman2 allowed me to co-sponsor this piece of3 legislation, because as was said earlier4 in testimony, it affects many parts of5 the City, because each city, based on its6 age and how it was structured over the7 years, use different types of elements to8 pave their streets and sidewalks. 10 I'd like to thank Mr. 18 I mean, if you look at -- you're talking19 about how wonderful it looks at 4th and20 Walnut? Well, go to 3rd and Market and21 you'll see this just expansive white22 concrete in a brick sidewalk. You could23 see it from five blocks away. It really24 is terrible looking. 1 if, again, as was stated in the2 testimony, that so much of our economy is3 based on tourism and hospitality and4 since we have such real things here --5 this is not Williamstown where it was6 kind of made up. 12 So I'm glad this will apply13 citywide, and, again, in cooperation with14 folks who are concerned about ADA, which15 is very, very important, we can, I think,16 come to a conclusion where everyone can17 win and we can have the neighborhoods18 look the way we'd like them to look. 5 COMMISSIONER TOLSON: That's6 right. 7 COUNCILMAN DiCICCO:8 Commissioner, before you begin and the9 other folks on the Streets Department10 team begin, I just want to clarify one11 thing. I do want to thank you and your12 folks for the time that we have in13 discussing this afternoon. We've14 probably put in cumulatively five and a15 half, seven hours. 20 And I don't mean for this to be an21 adversarial discussion. 2 You were at one of the3 meetings. It's more of an issue4 obviously -- it is an issue of aesthetics5 and how we can maybe provide for a better6 product at the end that will meet those7 ADA requirements. 20 So, again, this is a work in21 progress, and hopefully we can come to a22 better solution than the situation that23 exists out there today, because I'm here24 until the end of the year. 1 I'll be chairing a number of Streets and2 Services Committees between now and the3 end of the year, and it is more likely4 that this ADA requirement is going to5 continue throughout my district and I6 suspect other neighborhoods throughout7 the City of Philadelphia as well. 9 COMMISSIONER TOLSON: Thank10 you. And, Councilman, I appreciate your11 remarks and your commentary there. I12 think that for both of us, we have13 extended sincere efforts to address the14 needs of the community desires, because15 we're here to support all of that. 20 Good afternoon. I am Clarena21 Tolson, Commissioner of the Streets22 Department. 2 Over the past several years,3 the federal government has issued new4 stringent standards for design and5 installation of sidewalk curb cuts and6 aggressively enforced compliance with the7 ADA. These efforts follow a number of8 lawsuits where courts found that9 sidewalks were not reliably accessible to10 citizens with restricted mobility and11 vision impairments. The new standards12 require precise slopes for the ramps, the13 wings on either side of the ramp and the14 ramp landing. 1 percent. 20 The material suited to meet these21 requirements is concrete. 1 the requirements to bring sidewalk curb2 cuts into compliance with current ADA3 standards. 5 It is my understanding that the6 bill being considered today is in7 response to concerns received from8 residents of Society Hill and possibly9 Old City regarding the appearance of10 newly installed ADA curb ramps. These11 ramps are being installed as part of the12 Center City southeast quadrant13 resurfacing project, which is funded by14 Recovery Act dollars and started15 construction in the summer of 2010. 1 state regulations, standards and2 specifications I described. 7 One area that is not explicitly8 specified in ADA regulations is9 materials. We appreciate the aesthetic10 charm of communities and recognize the11 desire to use brick sidewalks in our12 oldest neighborhoods.

In discussions13 with persons with disabilities, the use14 of bricks and other potentially slick15 materials for accessible surface,16 especially a ramp, is not ideal. The use17 of uneven surfaces and materials that can18 easily fall out of compliance present19 serious problems for citizens with20 mobility impairments. 1 Streets Department developed a solution2 that minimizes the use of concrete. It3 calls for ensuring that three of the most4 critical elements of the ramps - the5 ramps and the two wings - are made of6 tinted concrete. 10 Since the slopes of the ramps11 are relatively flat, the Streets12 Department proposed a fourth critical13 element, the approach to the ramp, be14 made of brick. For the remaining15 sidewalk construction, we have specified16 that the contractor reuse existing17 materials. 1 proposal in 2009 with input from several2 members of the Society Hill Civic3 Association Board, persons with4 disabilities, and the technical expertise5 of design, construction and maintenance6 staff on what designs would have the7 greater chance of not only being8 constructed in compliance but, more9 importantly, remaining in compliance with10 ADA regulations. 13 The Streets Department has recently14 worked with SHCA to address several15 issues raised by the community. Several16 of these issues arose from the fact that17 this project, like all PennDOT projects,18 used design-build for the ADA ramp design19 and construction. The Streets Department20 is working with the State Historical and21 Museum Commission to address potential22 impacts to registered historic properties23 that arose during the ramps' design-build24 process. 4 The Streets Department has5 agreed to darken the concrete on the6 ramps as much as possible as is allowed7 by the ADA regulations. 116 percent. 1 percent off. 1 As I mentioned earlier,2 tolerances to -- I'm sorry. If a ramp is3 out of compliance during construction, it4 must be reconstructed at the sole expense5 of the contractor. 9 As it is currently written, the10 Streets Department cannot support this11 bill. 14 However, the Department continues to be15 strongly committed to working with16 Council and community within federal and17 state regulations. 4 Thank you for your time. This5 concludes my testimony. 8 COUNCILMAN DiCICCO: Thank you,9 Commissioner. 15 And that was on Las Olas Boulevard in16 Fort Lauderdale, and most of that area or17 a good portion of that area has brick18 sidewalks for aesthetic purposes. 1 Certainly. It is very attractive,2 Councilman. I don't know when it was3 installed. 6 I don't know when it was7 installed. It may have been compliant8 with the previous regulations. I don't9 know if it's compliant with present10 regulations. I don't know how old it is11 and --12 COUNCILMAN DiCICCO: Neither do13 I. I didn't get into it. I mean, it was14 done. Whether it meets requirements,15 whether they have to change it, I don't16 know. I'm just sharing that with you so17 you can see that there are other18 municipalities, and whether -- the19 timeframe, we don't know. 21 COMMISSIONER TOLSON:22 Absolutely. And we agree that they are23 attractive. 6 COMMISSIONER TOLSON: That is7 now not allowed. 11 So, for example, the City of Philadelphia12 installed numerous ramps a few years ago13 in much of our paving work. 1 COMMISSIONER TOLSON: For the2 visually impaired, yes. One problem that3 we did have with this contract is that we4 put the wrong -- the contractor installed5 the wrong truncated domes initially on6 this project. Part of the error came7 about the different shades of red. 11 COMMISSIONER TOLSON: Colonial12 red. 13 However, the reason why it14 wasn't in those initially is that when15 these are installed, they have a coating16 on them. The coating is removed after17 installation. After installation, then18 it was realized that it wasn't a matter19 of being new or needing to age. It was20 actually the wrong shade of red.

22 COUNCILMAN DiCICCO: One other23 point I want to make, and I'm sure some24 questions will be asked. 8 So I understand that you have9 to have certain things for the visually10 impaired, but I'm going to send up two11 photographs, and you'll see one of the12 photographs has a large portion of13 concrete and the other one shows a much14 less area of concrete, which says that15 there was more brick reinstalled on one16 as opposed to another. I don't know what17 that means in terms of the slope. I18 think it's the same, it meets the19 requirements. 1 engineered and designed. 15 We're willing to do that to the fullest16 extent possible. The notion of tinting17 concrete even, that's something that was18 not necessarily thought about or a19 concern in previous job efforts, but it20 is a concern now and we would like to do21 that. 1 Some of the problems that we2 have with this is that we have new work3 being done. So new concrete is always4 going to look very bright. 9 COUNCILMAN DiCICCO: Just one10 other question on the cheek wall. I11 think at one of the meetings I had12 asked -- and I understand the purpose of13 the cheek wall. It makes absolute sense,14 because you protect the integrity of the15 facade of the building. Was there -- I16 had asked, I think, Steve if we can find17 out, would it be permissible to18 encapsulate that with brick so it looks19 like a brick ledge as opposed to that20 concrete cheek wall? Is there any21 objection to that? 5 There are two issues here. The6 ramps, we kind of treat them separate7 from the cheek walls. The cheek walls8 are unique in certain situations. Where9 we're really deferring to on this front10 is the Pennsylvania Historical and Museum11 Commission. They are providing the12 Streets Department with guidance, the13 Streets Department and PennDOT, with14 guidance on what they think would be an15 acceptable use of a cheek wall. So they16 are actually working with us, and we had17 a meeting this morning where we're18 working up several designs that are19 acceptable to the PHMC, and we basically20 probably -- I'm not sure if we actually21 have details at this point, but we can22 provide them to you. One solution was23 incapsulating it, probably makes it a24 little bit larger. 1 basically take the concrete up to flush2 and then perhaps put brick to -- just a3 thin brick up on the facade. 11

Thank you,12 Mr. Chairman.13 Ms. Tolson, I just wanted to14 know, Commissioner, why they outlawed the15 other material in Florida. Why was that16 discontinued? Do you happen to know?17 COMMISSIONER TOLSON: Why it18 was discontinued? The photograph that19 the Councilman showed of a ramp in20 Florida, our comment was that we don't21 know when this was built in terms of what22 regulations it was meeting at the time23 that it was built and don't know that24 it's compliant now, because there are25 79 4/28/11 - STREETS - BILLS 100783, ETC.1 different requirements with regard to2 this truncated dome, this plate right3 here that has kind of like the half4 bubbles on that, that area, or the5 landing that's here as well --6

Okay.7 COMMISSIONER TOLSON: -- as8 part of the ramp. So if any of these9 bricks were to, say, shift a quarter of10 an inch, it's out of compliance.11 In the case of the Park system12 that want to have a brick ramp on 4th13 Street, they also took the responsibility14 of maintaining that ramp. So they signed15 off on putting in brick and maintaining16 brick. Further, that's their property.17 So they're taking all of the liability18 and maintenance responsibility for that.19 COUNCILMAN DiCICCO: I'm going20 to get back to that in a minute, but I21 know Councilman Kenney has a question.22

Thank you.23 I'm in the same subject matter myself.24 How often are the non-Park Service ramps25 80 4/28/11 - STREETS - BILLS 100783, ETC.1 inspected for compliance?2 DEPUTY COMMISSIONER BUCKLEY: I3 mean, I can answer this. We did an4 inspection. We're in the process of5 developing a transition plan for our ADA6 ramps, and basically that's going to7 outline how long it's going to take us to8 basically do the citywide transition.9 The inspection that we performed, 9510 percent of the ramps --11

No. What12 is the frequency of a new ramp once it's13 in and compliant, when is it looked at14 again for compliance?15 DEPUTY COMMISSIONER BUCKLEY:16 It basically will be inspected at17 construction, at which point the18 construction manager has to sign off and19 PennDOT has to sign off on it, at which20 point after that the issue becomes the --21 anyone can go out there with a Smart22 Level, and if it's not compliant, they23 can file a claim against the City.24

So we don't25 81 4/28/11 - STREETS - BILLS 100783, ETC.1 have a responsibility annually or2 biannually --3 DEPUTY COMMISSIONER BUCKLEY:4 No.5

-- to6 inspect them?7 So this is a complaint-driven8 mechanism?9 DEPUTY COMMISSIONER BUCKLEY:10 Correct.11 COMMISSIONER TOLSON: Correct.12

Then why13 couldn't we use the brick and if the14 brick is out of compliance, we fix it? I15 mean, how often are these going to be16 inspected that we're going to be going17 out there every week? I mean, if we were18 required by the federal government to19 inspect it every year and we were20 responsible for putting it back into21 compliance, I would understand. But if22 it's a complaint-driven mechanism and we23 do the appropriate areas in brick and24 then someone goes out with that and25 82 4/28/11 - STREETS - BILLS 100783, ETC.1 checks it, we go out and fix it. Are you2 telling me that the concrete ramp will3 never be out of compliance?4 COMMISSIONER TOLSON: No, not5 saying that at all. Concrete or any6 material may need maintenance. Concrete7 is less likely to need more frequent8 maintenance because you have less movable9 parts, say, unless if it busts up, it10 were to break up. But further, in terms11 of the inspection and the exposure, it is12 the adjacent property owner that owns13 that portion of the sidewalk. So the14 adjacent property owner has the exposure15 of any disabled person or anybody coming16 forward and saying, That ramp is not17 compliant.18

But what19 part of the pavement does the property20 owner own?21 COMMISSIONER TOLSON: All of22 it.23

I was24 always under the impression -- and25 83 4/28/11 - STREETS - BILLS 100783, ETC.1 probably mistakenly so -- that the2 portion of the row house pavement, half3 of it closest to the street was the4 City's. Was it ever --5 COMMISSIONER TOLSON: No.6

Was it ever7 that case?8 COMMISSIONER TOLSON: No.9 There's a right-of-way for people to10 publicly traverse it, but --11

So if you12 adapt a corner property to a handicap or13 to an ADA-compliant ramp, that's now the14 homeowner's responsibility?15 COMMISSIONER TOLSON: Yes.16

Under17 federal law or under our law?18 COMMISSIONER TOLSON: Under19 state.20 DEPUTY COMMISSIONER BUCKLEY:21 State and city.22

State and23 city?24 If the federal government --25 84 4/28/11 - STREETS - BILLS 100783, ETC.1 and this is a rhetorical question, I'm2 sure, for you. If the federal government3 is requiring this alteration, why then is4 the homeowner responsible for keeping it5 in compliance? It's not their edict that6 required the manipulation on the sidewalk7 to begin with.8 I mean, it makes no sense to me9 that -- if the City is being mandated by10 the federal government to do something,11 either the City or the federal government12 should be responsible for its13 maintenance, not the homeowner.14 COMMISSIONER TOLSON: No. It15 is the homeowner. That's the kind of --16

No; it is17 the homeowner now, I agree. Why?18 COMMISSIONER TOLSON: That's19 our state law.20

Hold it. I21 want to get into this a little better.22 State law or city law?23 If you don't know, you can get24 back to us, because we're going to25 85 4/28/11 - STREETS - BILLS 100783, ETC.1 have continued conversation.2 DEPUTY COMMISSIONER BUCKLEY:3 State and city, actually.4

State5 mandating city law?6 DEPUTY COMMISSIONER BUCKLEY:7 Yes.8

So the9 state mandates us to mandate the10 homeowner to be responsible for the11 altered ramp?12 DEPUTY COMMISSIONER BUCKLEY:13 Homeowner is responsible for sidewalk and14 curb, yes.15

I16 understand, but the homeowner did not17 alter the curb. The federal government18 required the alteration of the curb. I'm19 sure the homeowner is happy to be20 compliant with ADA, but why should they21 assume the financial burden of keeping it22 in compliance? I mean, that's something23 the state -- is the federal government24 requiring us to have the state -- I don't25 86 4/28/11 - STREETS - BILLS 100783, ETC.1 want to get too --2 COUNCILMAN DiCICCO: We3 actually had a lot of this conversation4 at one of the meetings.5

But I just6 want to understand. Does the state7 require -- did the feds require the state8 and city to make the homeowner9 responsible or did the state and city10 decide they were going to make the11 homeowners responsible?12 COMMISSIONER TOLSON:13 Councilman, I think I'd prefer to let us14 get back to you with precise answers.15

Because16 that's a terrible burden of the17 homeowner. When federal government,18 state governments and local governments19 are mandating things, fine, do it. Let20 the taxpayer pay for it if we're required21 to do it, but the homeowner shouldn't be22 responsible for maintaining it, and23 that's my issue relative to the full24 brick installation that's done in the25 87 4/28/11 - STREETS - BILLS 100783, ETC.1 National Park Service. The taxpayer is2 paying for that, too. I mean, what's the3 difference between the 4th and Walnut4 curb or ramp being maintained by the5 federal and state and local taxpayer as6 opposed to any other ramp that's being7 forced to be put in? Why should the8 homeowner be responsible?9 I just -- I kind of reject the10 whole notion of that -- unless the11 homeowner was the one who decided they12 wanted to alter their pavement in the13 first place.14 I mean, for example, if I15 decide I want to build a garage and I get16 the zoning and build the garage next to17 my house and I have to put a curb cut in18 and get a permit for that, hey, that's19 all on me. I got to maintain that all20 and do that. But if the federal21 government is saying do this and there's22 a good reason to do it, I'm not arguing23 it. The homeowner, him or herself,24 should not have to go out with that ruler25 88 4/28/11 - STREETS - BILLS 100783, ETC.1 and make sure it's okay. I mean -- all2 right.3 COUNCILMAN DiCICCO: Well,4 we've had some of this conversation in5 one of the meetings, and I think I asked6 then, if we made an exception for the7 Park Service to continue with the ramp8 systems in all brick, because they assume9 the liability, and since the homeowner10 has the liability anyway, why don't we --11 why can't we just do it in brick and12 maybe if it makes the City more13 comfortable, if the homeowner was14 agreeing to put something into his or her15 insurance policy that says they're16 responsible for the maintenance of it --17 I don't want to put any more burden on18 them, but since the Park Service is19 getting the same exception, why couldn't20 we --21

The Park22 Service isn't putting out their own23 money. The homeowner is. It's like24 we're exempting the Park Service at our25 89 4/28/11 - STREETS - BILLS 100783, ETC.1 expense. We won't exempt the homeowner2 at our expense.3 COMMISSIONER TOLSON:4 Councilman, I think -- Councilman5 DiCicco, your comments kind of go along6 with what I heard in the previous7 comments from the community, that in fact8 it would be even cheaper, from their9 perspective, to have brick because they10 could replace a single brick versus11 replacing an entire pad. But there is12 also, on the flip side of that, the13 exposure, because those bricks are more14 likely to come out of compliance because15 of freeze and thaw, so you're going to16 have the shoving of those bricks popping17 up here and there. When cars are driving18 over it, things shift. So those things19 work hand in hand. I don't necessarily20 agree that that would be less expensive21 for the property owner.22 COUNCILMAN DiCICCO: But two23 points I want to make on that. There is24 a less expensive way and a more expensive25 90 4/28/11 - STREETS - BILLS 100783, ETC.1 way of doing brick installation. The2 less expensive way is, you grade it, you3 tamp the soil down and you lay the brick4 on, you put the sand in between the5 joints and it tightens up, and eventually6 it will move, weather conditions,7 somebody driving over it or whatever.8 And there's the other way where you9 excavate the sidewalk down as far as you10 need to with a four-inch pad of concrete,11 which would be the thickness of a12 residential sidewalk, and then the brick13 gets laid on top in a bed of sand, and14 it's less likely you're going to have15 movement. You will have it if somebody16 drives a car over it and the concrete17 cracks, but that's going to happen no18 matter what.19 And the other point I want to20 make is, especially in these older21 neighborhoods, sidewalks, I mean, some of22 them are like roller coasters out there.23 We're not requiring -- and I'm certainly24 not advocating that we require people to25 91 4/28/11 - STREETS - BILLS 100783, ETC.1 level off their pavements, but the2 conditions exist. And I know that you3 guys would rather be spending money on4 some other things right now. The feds5 have mandated this, but I still think6 that there is a more appropriate way of7 doing this and being in compliance with8 all the things that we need to do to be9 ADA compliant and maintaining the10 aesthetic integrity of the sidewalks as11 they have been for the last 20, 30 or12 hundreds of years, depending on what13 block you're standing on.14 COMMISSIONER TOLSON: Yes.15 COUNCILMAN DiCICCO: Again,16 it's not adversarial. I'm not17 confrontational. We all would like to18 move on to do some other things and not19 just deal with this, but it is important.20 And we get into the historical21 significance of buildings, some buildings22 that are historical, some are23 contributing and some are24 non-contributing, but at the end of the25 92 4/28/11 - STREETS - BILLS 100783, ETC.1 day, in my view at least -- and I think2 most people would agree -- brick3 sidewalks in neighborhoods like Society4 Hill, whether they're adjacent to an5 historical building or a non-contributing6 historical building, add to the ambiance7 and the historical nature and feel of the8 community, and it's what lends itself to9 make it a unique place to live and visit.10 That's my two cents. But thank11 you.12 Any other questions?13 (No response.)14 COUNCILMAN DiCICCO: Any other15 comments?16 (No response.)17 COUNCILMAN DiCICCO: Thank you.18 Thank you all.19 DEPUTY COMMISSIONER BUCKLEY:20 Thank you.21

My only22 other comment is, how come I keep on23 hearing the name Frank DiCicco and24 Florida in the same sentence?25 93 4/28/11 - STREETS - BILLS 100783, ETC.1 COUNCILMAN DiCICCO: I was on a2 fact-finding mission. Someone told me3 there were brick pavements in Fort4 Lauderdale, so I had to go out and see5 for myself.6

What do7 they pave the golf courses with?8 COUNCILMAN DiCICCO: At my own9 expense, by the way. I didn't charge it10 to the City. It was my own expense.11 All right. Thank you all.12 Thank you. Thank you, Mr. Squilla.13 Thank you, Ms. Loesch, everyone.14 The title of the next bill.15

Bill No. 110231, an16 ordinance authorizing Liberty/Parkway 8th17 and Walnut, LP, or its designee, to18 construct, use and maintain a marquee19 attached to the proposed building to be20 located at the southwest corner of 8th21 and Walnut Streets and projecting over22 the footways of 8th and Walnut Streets;23 and authorizing LPLP or its designee to24 construct, use and maintain an upper25 94 4/28/11 - STREETS - BILLS 100783, ETC.1 linear building and facade encroachment2 over the south footway of Walnut Street3 between 8th Street and 9th Street and an4 upper level linear building and facade5 encroachment over the west footway of 8th6 Street between Walnut Street and Locust7 Street; all under certain terms and8 conditions.9 (Witnesses approached witness10 table.)11 COUNCILMAN DiCICCO: Good12 afternoon. Please identify yourself for13 the record and proceed with your14 testimony.15

Good afternoon,16 Chairman DiCicco and members of the17 Streets and Services Committee. My name18 is Michelle Brisbon and I am a Staff19 Engineer with the Department of Streets,20 and I'm here to offer testimony on Bill21 No. 110231.22 This bill authorizes23 Liberty/Parkway 8th and Walnut, LP, or24 its designee, to construct, use and25 95 4/28/11 - STREETS - BILLS 100783, ETC.1 maintain various encroachments over the2 public right-of-way as indicated in Bill3 No. 110231.4 The Streets Department has no5 objections to these proposed6 encroachments and supports the passage of7 this bill.8 This concludes my testimony. I9 appreciate the opportunity to appear10 before you today and would be pleased to11 answer any questions you may have.12 COUNCILMAN DiCICCO: Thank you.13 Mr. Erickson.14

Good afternoon,15 Chairman DiCicco and members of the16 Streets and Services Committee. I am17 William Erickson, a City Planner with the18 Development Planning Division of the19 Philadelphia City Planning Commission. I20 am here to testify on Bill No. 110231,21 which Councilmember DiCicco introduced on22 March 24th, 2011.23 This bill proposes two types of24 encroachments for the development of a25 96 4/28/11 - STREETS - BILLS 100783, ETC.1 project at the corner of 8th and Walnut2 Streets. The first encroachment is a3 proposed marquee that will be ten foot4 above grade and projecting ten foot onto5 both Walnut and 8th Street. It will be6 73 feet long along 8th Street and 24 feet7 long along Walnut Street.8 The second proposed9 encroachment involves the overhead10 building and the facade. The11 encroachment will be 60 feet above the12 8th Street sidewalk and 12 feet above the13 Walnut Street sidewalk. It will encroach14 six feet on 8th Street and three feet on15 Walnut Street and extending in length 15416 feet on 8th Street and 64 feet on Walnut17 Street.18 At its meeting of April 19th,19 2011, the Philadelphia City Planning20 Commission recommended that Bill No.21 110231 be approved.22 COUNCILMAN DiCICCO: Thank you23 for your testimony.24 Any questions for these25 97 4/28/11 - STREETS - BILLS 100783, ETC.1 witnesses?2 (No response.)3 COUNCILMAN DiCICCO: Okay. I4 will ask Mr. Brian Cohen and Mr. Kevin5 Mahoney.6 (Witnesses approached witness7 table.)8

Thank you,9 Councilman DiCicco and other members of10 the Committee. 15 The project consists of a16 12-story, 153,000-square-foot office17 building to be developed above the18 existing seven-story parking garage at19 8th and Walnut. It will be 100 percent20 occupied by the University of21 Pennsylvania Health System to be used as22 medical offices. 1 and tradition in Philadelphia and boasts2 the first medical school and hospital in3 the nation. 13 In 1989, the existing14 seven-story parking garage was15 constructed encompassing this block. As16 part of the Urban Renewal Plan created17 for this block, two residential towers on18 top of the garage were envisioned, rising19 in excess of 280 feet. The garage was20 designed and constructed to structurally21 accommodate these residential towers. 5 The proposed project at 8th and6 Walnut continues the same development7 approach for the eastern tower by8 pursuing the development of a smaller9 office building in place of the10 residential tower, which had received all11 approvals for a 323,000-square-foot tower12 rising 280 feet in height, 20 feet higher13 than our proposed building. However, the14 dimensional requirements of an office15 floor plate differ from that of a16 residential floor plate. 6 The building will be designed7 and constructed to attain LEED8 certification from the United States9 Green Building Council, making it one of10 the most environmentally friendly and11 energy-efficient buildings in Center City12 Philadelphia. We have worked with the13 Planning Commission to analyze the14 project related to the proposed new15 Zoning Code and comply with all material16 aspects of the new Code, including the17 proposed sky visibility requirements. 7

Good afternoon,8 Mr. Chairman. My name is Kevin Mahoney.9 I'm the Senior Vice-President, Chief10 Administrative Officer for the University11 of Pennsylvania Health System and a Vice12 Dean in the School of Medicine at the13 University of Pennsylvania. I want to14 just take this opportunity to give you a15 brief update on what our thinking was in16 terms of bringing this project forward.17 Pennsylvania Hospital continues18 to grow and has experienced growth over19 the last several years that the current20 facility cannot accommodate. That growth21 is occurring for a number of reasons, one22 of which is the excellence of the medical23 staff. It will be exhibited tonight when24 a player from Pennsylvania will get25 103 4/28/11 - STREETS - BILLS 100783, ETC.1 drafted by the NFL, when only last year2 he was suffering from Ewing's sarcoma.3 Pennsylvania Hospital was able to cure4 his cancer, insert a titanium rod, and he5 will go on to continue his career as a6 football player.7 Growth is also occurring8 because of the change in the healthcare9 in the City of Philadelphia. As10 obstetrical units have closed in many of11 the neighboring hospitals, Pennsylvania12 Hospital has continued its OB unit, and13 we have experienced growth for that14 reason.15 And then, finally, just the16 growth in the neighborhood and the17 quality of the medical staff continues to18 pressure our facilities.19 So we looked at a number of20 ways to solve this problem. We21 contracted with Birdhill Architects to do22 a master facilities plan, and they came23 forward with a number of ideas. Those24 ideas predominantly included building up25 104 4/28/11 - STREETS - BILLS 100783, ETC.1 on the Widener and Cathcart Buildings and2 building across the street in the green3 space just over 8th Street behind the4 Duncan Garfield Building.5 We found those difficult for6 the community. We didn't think it was7 best to continue tall buildings down in8 that sector of the City, and taking up9 the last bit of green space in that10 surrounding area didn't seem our best11 neighborhood approach, although it would12 have been best for us, because adjacency13 in healthcare is always our most14 efficient building. So we asked Geis15 Realty to look at surrounding properties,16 and this parcel came up.17 It also benefits us because it18 uses Liberty's capital to put the19 building up, which allows me to invest in20 Gamma Knives and radiology equipment and21 the things that are needed to maintain a22 healthcare building. And also the23 schedule is very attractive to us,24 because we could get started right away.25 105 4/28/11 - STREETS - BILLS 100783, ETC.1 We're cognizant. As we finish the2 buildings over in West Philadelphia,3 nearly every construction worker stops me4 and says, Do you have another project.5 And this allows us to get started right6 away as opposed to if we wanted to build7 on the open space, the length of time8 those approvals would take.9 We're committed to a10 first-class building. We've done the11 studies on parking, as Brian mentioned,12 and we think this will work well.13 COUNCILMAN DiCICCO: Thank you.14

Thank you.15 COUNCILMAN DiCICCO: Who else16 will be testifying? Mr. Primavera.17 Anyone else from Liberty testifying? No.18 (Witnesses approached witness19 table.)20

Good afternoon,21 Councilman DiCicco, members of the22 Streets and Services Committee. Carl23 Primavera. 5 As you know, our office6 represents Thomas Jefferson University7 and Thomas Jefferson University Hospital8 in connection with Liberty Property9 Trust's proposed development for10 medical/hospital activities at 8th and11 Walnut Streets. 21 Also, I believe Dan Sablosky22 sent you a letter as well. He's the23 representative of The St. 1 Commission was presented by several2 important and interested parties in the3 immediate vicinity of this proposed4 development; specifically, Michael Allen,5 Esquire. He's the general counsel for6 Wills Eye Health Systems. He appeared7 and stated that significant concerns have8 been raised regarding the traffic and9 parking impact of the proposed new tower,10 as well as the additional demands placed11 upon the already limited loading12 facilities at this site. 17 Dan Sablosky of Stonehenge18 Management appeared on behalf of the19 owners and residents of The St. 20 They're immediately across from the21 proposed facility on 8th Street. rental units on the western side of The2 St. Now, I believe he's in4 discussions with John Gattuso from5 Liberty on that, but as his letter6 indicated, the meeting times that were7 suggested to Dan all post-date the two8 hearings. Dan was a little bit9 frustrated by that, saying, Gee, they10 gave me a date after the hearings. But11 scheduling happens. But he, I believe,12 is under an understanding or at least13 believes he's under some type of14 understanding that this air unit, which15 he believes will be like a jet sucking in16 noise for the western side of the17 building, is going to be either screened18 or relocated, but that's his number one19 issue. And then he also shares the20 concerns of Wills and Thomas Jefferson21 about this loading dock. 1 contemplate the demands that Wills puts2 on it, as well as the proposed3 medical/hospital facility. 5 They also are concerned on The6 St. James side regarding the7 encroachment, because apparently they8 have outdoor patios and balconies, and9 they say the closer you bring the medical10 office building to The St. James, that11 may impact the desirability of those12 units. 13 As I said, John Gattuso of14 Liberty suggested that he had information15 and documentation that would address16 these concerns, and I heard today some17 testimony that there may be an Urban18 Engineers' report. I think some of the19 frustration from the parties that we're20 representing is that we haven't seen the21 documentation. 1 and their own consultants. 6 Given the significance of these7 stakeholders in the City and the8 particular neighborhood and we know this9 Council, in particular Councilman10 DiCicco, you have been a strong advocate11 for community and business, including the12 hospitals, both Wills and Thomas13 Jefferson, and The St. 18 We typically are on that side of the19 discussion, as you know. 2 We know that the people3 involved are important and busy, but it4 seems to me a project of this magnitude5 that's going to impact Wills, Thomas6 Jefferson University, Thomas Jefferson7 University Hospital and The St. 18

Right. So19 we're a little chagrined about the fact20 that there has been trouble, and we think21 perhaps with your good graces, that maybe22 there could be a meeting of the parties23 and try to resolve these issues, if24 they're resolvable. So that's our25 112 4/28/11 - STREETS - BILLS 100783, ETC.1 request today, with full respect to both2 the Committee and to all the participants3 here, who are all great Philadelphians.4 I mean, it's a great story to have the5 type of robust meds and eds economy that6 we have, and we want to do nothing but7 continue to support that, but if we do8 something shortsighted, it may create a9 problem and, more importantly, why should10 we have the feeling of hurt feelings11 among major institutions in the City? I12 mean, if we came to Penn and decided to13 put a major building right next door and14 they read about it in the paper for the15 first time, I think Amy Gutmann would be16 on the phone to me in about two seconds.17 So we don't want to say that18 there's a territorial prerogative here,19 but what we do want to say is, there's a20 need to be open, honest, forthcoming,21 sharing and to be Philadelphians. And I22 think it's a great story, as long as we23 tell it right and as long as we act in24 good faith.25 113 4/28/11 - STREETS - BILLS 100783, ETC.1 So we appreciate your2 consideration of these comments, and we3 trust that you'll be as helpful as you4 have been in so many other instances.5 COUNCILMAN DiCICCO: Will this6 have a brick sidewalk?7 No; I'm sorry. Thank you. I8 did get your letter this morning. I9 think Ron pointed out to me yesterday or10 sent me it electronic, but I couldn't11 read it off of my BlackBerry. But I did12 get your hard copy this morning, and I13 think Mr. Sablosky -- am I pronouncing14 that right?15

Yes. I saw --16 COUNCILMAN DiCICCO: I think I17 got his yesterday, but I was totally18 confused. He said something to the19 effect that this meeting was scheduled on20 the time and date that he knew I couldn't21 make. I don't know who he was referring22 to.23

No, no. That24 letter, as I recall -- and I saw it on a25 114 4/28/11 - STREETS - BILLS 100783, ETC.1 BlackBerry too, but I think what he was2 saying is that he's been trying to meet3 with Liberty and the dates that were4 selected, he just learned, were dates5 after these two hearings. So it wasn't a6 criticism of this Council. It was --7 COUNCILMAN DiCICCO: No. I8 wasn't taking it personal. I just was --9

Right. So that10 was his frustration. He's out of town11 today, and he said, Gee, I realize I have12 a meeting that's coming up, but it's13 going to be after the fact. And that may14 just be an honest scheduling issue. I15 don't see John here today. He's probably16 out of town as well. So I think that's17 just part of the problem, that people who18 need to sit together and discuss these19 issues just haven't found a way to do it.20 COUNCILMAN DiCICCO: I am a21 little taken aback to being told that22 there's been no communication, because we23 did have a meeting, I think -- I don't24 know if you were there, Carl, with25 115 4/28/11 - STREETS - BILLS 100783, ETC.1 representatives of Jefferson Hospital2 maybe three weeks ago in my office.3

I wasn't there.4 I know it did happen.5 COUNCILMAN DiCICCO: There was6 a meeting and they came and expressed7 their concerns then. So they obviously8 knew what was being proposed. If they9 didn't have all the details, I'm a little10 taken aback by that. But I know that Mr.11 Gattuso has had meetings with, I believe,12 Washington Square West. There is a13 meeting scheduled for next Tuesday with14 Washington Square West.15 You want to speak, Bill?16

Well, the17 meeting that I went to at Washington18 West, both Carl Engelke, who I did see19 here, and I had a bill of particulars20 about things that we typically see about21 traffic reports and studies and all those22 things, and we were told they exist. We23 didn't see it. Dan hasn't seen it.24 Again, he met with John one on one. I25 116 4/28/11 - STREETS - BILLS 100783, ETC.1 think Ron Bowlan spoke to people from2 either Liberty or from Parkway. So we3 would like to see these documents. We4 would like to have the discussion.5 I don't think anything that's6 been asked for has been unique in the7 sense that this is typically what8 happens, and when we go through a Zoning9 Board process, it's easier to get, but it10 shouldn't be easier just because we're11 going through a City Council hearing.12 Typically those materials allay fears. I13 don't think given the quality of the14 people involved in this project, my15 suspicion is being open and forthright16 will allay fears, whereas keeping the17 information unavailable is just going to18 feed into people's insecurities.19 COUNCILMAN DiCICCO: Again, I'm20 not aware that there was information that21 was not being shared. I assumed -- and I22 shouldn't assume, I guess, but I did23 assume that after the initial meetings24 that I had with Mr. Zuritsky and Bill and25 117 4/28/11 - STREETS - BILLS 100783, ETC.1 others about the project and then there2 was some phone calls that were made to my3 office -- Christine Cavalieri, I believe,4 counsel for Jefferson, had called me, and5 then the meeting was in my office. I6 just thought that there were discussions7 being held, and what information was8 being shared, whether there was enough or9 not enough, I don't know that until just10 now. I assumed that it was all being11 shared.12 So I know Mr. Hankowsky has a13 comment to make or two.14

Thank you.15

Bill Hankowsky,16 Liberty Property Trust.17 I also want to join Brian in18 thanking you, Councilman DiCicco, for19 working with us on this and scheduling20 the hearing, and I want to thank all the21 other Committee members for being here22 today.23 The only thing I wanted to do24 is to clarify a little bit this issue of25 118 4/28/11 - STREETS - BILLS 100783, ETC.1 communication. So here are the facts as2 they stand.3 There was a public meeting of4 the Planning Commission on February 15th.5 It was presented yet again on April 19th.6 There was a meeting with Washington7 Square on February 22nd, and, Councilman,8 you are correct, there is one now9 scheduled for May 3rd. We met with the10 Walnut Street Theatre on March 8th. We11 have a letter of support from them for12 the project. We met with The St. James13 on March 14th. It is accurate as Brian14 said, there's been some redesign done.15 We're attempting to schedule a second16 meeting. It is accurate John is out this17 week. But we have every intent to have a18 second meeting, talk about the growing19 tower. We have a plan that deals with20 covering it, et cetera.21 There was a meeting -- we22 reached out after the February 15th23 meeting to Thomas Jefferson. We've,24 candidly, somewhat been unable to25 119 4/28/11 - STREETS - BILLS 100783, ETC.1 schedule a meeting. However, we actually2 met with the CFO and the CEO this week.3 They did not bring the project up. Kind4 of interesting, but we're happy to meet.5 We had a meeting on April 5th6 with representatives of Wills Eye. One7 is now scheduled for May 17th.8 We are totally committed to an9 open process with everybody involved to10 communicate, deal with the issues, get11 them on the table, see what we can do to12 resolve them. Some things we can deal13 with, things like trying to cover the14 cooling tower. Some things are more15 difficult. There's a truck loading dock16 that was built as the original project.17 It kind of is where it is. We can see18 what we can do.19 We would simply say, I think,20 everything can continue in pace. I think21 we could, as we have today, request that22 the Committee give us favorable23 consideration. As we all know, these24 bills take a while to get through. You25 120 4/28/11 - STREETS - BILLS 100783, ETC.1 have another bill coming up. You'll2 having a hearing. You'll have first3 reading, second reading, and then this4 will all come together. But we'd like to5 also keep it on schedule.6 COUNCILMAN DiCICCO: Yeah, and7 I understand --8

So we're open9 to a communication process and have had10 lots of documented interaction with lots11 of affected parties.12 COUNCILMAN DiCICCO: And I13 understand Mr. Primavera's concern about14 if the bill comes out, it's kind of15 moving forward, but what I will suggest16 to this Committee, that we vote the bill17 out favorably, but I won't ask for a18 suspension. There's a meeting next week.19 There's the other bill that has to be20 heard. There's a number of other things.21

The bills will22 connect them.23 COUNCILMAN DiCICCO: I have to24 personally get a little bit better25 121 4/28/11 - STREETS - BILLS 100783, ETC.1 comfort level on the condenser, because2 it would impact residents who I am3 representing and at least will continue4 to represent for a while.5

I will not get6 particularly technical, but we've7 actually worked to put the equipment that8 makes the noise inside the building.9 COUNCILMAN DiCICCO: Those are10 the things I think would be helpful --11

It's only a12 cooling tower.13 COUNCILMAN DiCICCO: Those are14 the things that I think would be helpful15 to everyone, including me, before -- so16 if it's -- I mean, that's what I'm going17 to recommend. I'll recommend the bill18 come out. I won't ask for a suspension,19 because we have the other bill next week.20 It will give us a few weeks to discuss21 any of those open-ended issues that may22 be there. And I'm all ears and I'll23 listen. If I have to convene a meeting24 with everybody, I'll do that. I mean, if25 122 4/28/11 - STREETS - BILLS 100783, ETC.1 that's what you're asking me to do, I'll2 certainly be the person to put that3 meeting together if you can't do it among4 yourselves.5 Bill, Brian, reach out to me6 whatever way that's best for you guys.7 All right?8

Thank you.9 COUNCILMAN DiCICCO: But I10 don't want to delay that roundtable11 discussion forever.12

No, no. Some13 of this is scheduled, so I think we'll14 just keep going and get the other15 meetings scheduled.16

Thank you.17 COUNCILMAN DiCICCO: Thank you.18 Any questions for these19 witnesses?20 (No response.)21 COUNCILMAN DiCICCO: Anyone22 else here to testify on this bill?23 (No response.)24 COUNCILMAN DiCICCO: Seeing25 123 4/28/11 - STREETS - BILLS 100783, ETC.1 none, this concludes the public hearing2 on the Committee of Streets and Services.3 We will now go into the public meeting.4 The Chair recognizes Councilman5 Greenlee.6

Thank7 you, Mr. Chairman. I move the adoption8 of the amendments to Bill Nos. 100783 and9 110081.10 (Duly seconded.)11 COUNCILMAN DiCICCO: It has12 been properly moved and seconded that the13 amendments to Bill Nos. 100783 and 11008114 be approved.15 All in favor?16 (Aye.)17 COUNCILMAN DiCICCO: Those18 opposed?19 (No response.)20 COUNCILMAN DiCICCO: The21 amendments are approved.22 Councilman Greenlee.23

Thank24 you, Mr. Chairman. I move that Bill Nos.25 124 4/28/11 - STREETS - BILLS 100783, ETC.1 100783, as amended, and 110081, as2 amended, be reported out of this3 Committee with a favorable recommendation4 and that the rules of Council be5 suspended to allow for first reading at6 our next session of Council.7 (Duly seconded.)8 COUNCILMAN DiCICCO: It has9 been properly moved and seconded that10 Bill No. 100783 and Bill No. 110081, as11 amended, be reported out of this12 Committee with a favorable recommendation13 and that the rules of Council be14 suspended.15 All in favor?16 (Aye.)17 COUNCILMAN DiCICCO: Those18 opposed?19 (No response.)20 COUNCILMAN DiCICCO: The two21 bills have been approved.22 Councilman Greenlee.23

Thank24 you, Mr. Chairman. I move that the25 125 4/28/11 - STREETS - BILLS 100783, ETC.1 following bills be reported out of the2 Committee with a favorable recommendation3 and that the rules of Council be4 suspended to allow for first reading at5 our next session of Council: Bill Nos.6 100874, 110157, 110182, 110183, 110260,7 110272.8 (Duly seconded.)9 COUNCILMAN DiCICCO: It has10 been properly moved and seconded that the11 bills that have just been read into the12 record be reported out of this Committee13 with a favorable recommendation and that14 the rules of Council be suspended.15 All in favor?16 (Aye.)17 COUNCILMAN DiCICCO: Those18 opposed?19 (No response.)20 COUNCILMAN DiCICCO: Those21 bills have been approved.22 Councilman Greenlee.23

Thank24 you, Mr. Chairman. I move that Bill Nos.25 126 4/28/11 - STREETS - BILLS 100783, ETC.1 110231, 110273 and 110276 be reported out2 of this Committee with a favorable3 recommendation.4 (Duly seconded.)5 COUNCILMAN DiCICCO: It has6 been properly moved and seconded that the7 three bills that have just been read into8 the record be reported out of this9 Committee with a favorable10 recommendation.11 All in favor?12 (Aye.)13 COUNCILMAN DiCICCO: Those14 opposed?15 (No response.)16 COUNCILMAN DiCICCO: The three17 bills have been approved.18 This concludes the public19 meeting on the Committee of Streets and20 Services.21 (Committee on Streets and22 Services concluded at 4:05 p.m.)23 - - -24 25 127 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on April 28, 2011, and that7 this is a true and correct transcript of same.8 9 10 11 12 --------------------13 MICHELE L. MURPHY14 RPR-Notary Public15 16 17 18 (The foregoing certification of this19 transcript does not apply to any reproduction20 of the same by any means, unless under the21 direct control and/or supervision of the22 certifying reporter.)23 24 25