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Minutes

Committee Hearing, October 6, 2004

Philadelphia City Council Committee HearingsOct 6, 2004

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Councilman Dicicco

Once we strike this from the City Plan, then the expense for the maintenance and all and ongoing improvements to that street will become the sole responsibility of the owner or owners of that land?

Mr. Soffer

That is correct.

Councilman Dicicco

So the taxpayers in one sense may not be getting any financial payment for the street, but we do relieve ourselves from any ongoing maintenance of that particular street; is that correct?

Mr. Soffer

That is correct, Councilman.

Mr. Ledger

That is correct. Also, Councilman, one part of the street is reserving a right-of-way for gas main purposes. It will still remain with the gas department so nobody --

Councilman Dicicco

I noticed that in the legislation under Section E, I believe. Section E on , "The agreement shall 48 10/06/04 - STREETS - BILL 040781 provide that no changes in grades shall be made and that no buildings or other structures either overhead, underground or upon the surface shall be constructed within the lines of the right-of-way or abutting thereon unless the plans for such structures shall be submitted to and approved by the Philadelphia Gas Works."

Mr. Ledger

Correct.

Councilman Dicicco

So in addition to any zoning that may be required, there are utility companies that will have a say in what will be permitted to occur on that site, on the existing street?

Councilman Cohen

Mr. Chairman, it seems to me if it were in the interest of PGW and/or the City of Philadelphia to close the street, one of them would have moved to do so. The fact is that the street closing is being sought not by the City or by PGW, but by a private owner. Now, somebody tells me in testimony that it is believed that Catagnus is the owner of the deed of the land underneath. What is 49 10/06/04 - STREETS - BILL 040781 your evidence on that?

Councilman Dicicco

I think that in answer to your question --

Councilman Cohen

Why don't you have a deed showing that?

Councilman Dicicco

In answer to your question, if it was in the best interest of the City to do something with the street, I think this legislation speaks to that. It is in the best interest of City. I thought it was in the best interest of the City to vacate this street because they have no need for it but to maintain it for no purposes but for the owners who own the properties on either side. So why shouldn't we not get rid of this, vacate this street and let the owners decide?

Councilman Cohen

But we're not the ones moving to do it. He mentioned an attorney's name representing Catagnus?

Councilman Dicicco

That's the application process, Councilman. You've been around here long enough; you understand that. And so what's the different who initiated it? The bottom line is -- 50 10/06/04 - STREETS - BILL 040781

Councilman Cohen

Because who initiated it had an interest in initiating it, and the City had an obligation to find out what that interest was --

Councilman Dicicco

But the City doesn't go around looking to vacate streets to somebody unless somebody needs it.

Councilman Cohen

-- instead of hiding from the developer and saying, "Yes, sir. What else can we give you today? We'll give you a street, we'll give you property, we'll give you everything." Why is the City so complacent when somebody asks for a give-away? I've never heard of such a thing. No wonder there's an element of the City of cynicism and corruption when you can just ask the City for things and they say, "Yeah, you want it, okay, have it. We're not even going to ask you any questions as to why." It's about time we changed the way of doing business.

Councilman Dicicco

Any other questions for these witnesses? 51 10/06/04 - STREETS - BILL 040781 (No response.)

Councilman Dicicco

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

Councilman Dicicco

Seeing none, this concludes the public hearing on the Committee Streets and Services. - - - - 52 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING COMMITTEE ON STREETS AND SERVICES - - - - Wednesday, October 6, 2004 - - - - Public meeting conducted by the Committee on Streets and Services, held in Room 400, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILLS 040643, 040763, 040766, 040781, 040782, 040783, 040784. PRESENT: COUNCILMAN FRANK DICICCO, Chair COUNCILMAN MICHAEL NUTTER COUNCILWOMAN DONNA REED MILLER COUNCILMAN FRANK RIZZO COUNCILMAN DAVID COHEN COUNCILMAN JUAN RAMOS 53 10/06/04 - STREETS - PUBLIC MEETING

Councilman Dicicco

We'll now move into the public meeting. The Chair recognizes Councilman Ramos.

Councilman Ramos

Mr. Chairman, I move that Bill No. 040766 be reported out of Committee with a --

Councilman Cohen

Mr. Chairman, may I note that in the instances I've raised serious questions, my vote will be no until the information is furnished. There's no reason to doubt the final outcome, but I'm very worried about the lack of process.

Councilman Dicicco

Including Mr. Batoff's.

Councilman Cohen

Including what?

Councilman Dicicco

The one prior to that one was Mr. Batoff, Salmon Street.

Councilman Cohen

(Inaudible.)

Councilman Dicicco

Well, there's a motion that 040766 be approved and that the Rules of Council be suspended. All those in favor signify by saying 54 10/06/04 - STREETS - PUBLIC MEETING aye. (Aye.)

Councilman Dicicco

Those opposed? (No response.)

Councilman Dicicco

The ayes have it. The bill is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I move that Bill No. 040783 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended to permit first reading of this bill at our next scheduled Council meeting. (Duly seconded.)

Councilman Dicicco

It's been properly moved and seconded that Bill No. 18 040783 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor signify by saying aye. (Aye.)

Councilman Dicicco

Those opposed? (No response.) 55 10/06/04 - STREETS - PUBLIC MEETING

Councilman Dicicco

The bill is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I move that Bill No. 040784 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended to permit first reading of this bill at our next scheduled Council meeting. (Duly seconded.)

Councilman Dicicco

It's been properly moved and seconded that Bill No. 14 040784 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor signify by saying aye. (Aye.)

Councilman Dicicco

Those opposed? (No response.)

Councilman Dicicco

The bill is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I 56 10/06/04 - STREETS - PUBLIC MEETING move that Bill No. 040643 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended to permit first reading of this bill at our next scheduled Council meeting. (Duly seconded.)

Councilman Dicicco

It's been properly moved and seconded that Bill No. 10 040643 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor signify by saying aye. (Aye.)

Councilman Dicicco

Those opposed? (No response.)

Councilman Dicicco

The bill is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I move that Bill No. 040763 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended to permit first reading of this bill at our next 57 10/06/04 - STREETS - PUBLIC MEETING scheduled Council meeting. (Duly seconded.)

Councilman Dicicco

It's been properly moved and seconded that Bill No. 6 040763 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor signify by saying aye. (Aye.)

Councilman Dicicco

Those opposed? (No response.)

Councilman Dicicco

The bill is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I move that Bill No. 040781 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended to permit first reading of this bill at our next scheduled Council meeting. (Duly seconded.)

Councilman Dicicco

It's been properly moved and seconded that Bill No. 58 10/06/04 - STREETS - PUBLIC MEETING 040781 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor signify by saying aye. (Aye.)

Councilman Dicicco

Those opposed?

Councilman Cohen

No. 10

Councilman Dicicco

Let the record note that Councilman Cohen is voting no on that bill, 040781. Thank you for your cooperation. This concludes the public meeting on the Committee of Streets and Services. (Council adjourned at 11:03 a.m.) - - - - 59 C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Wednesday, October 6, 2004, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE ON STREETS AND SERVICES _________________________ Lisa C. Bradley, RPR