Committee Hearing, June 5, 2008

COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON STREETS AND SERVICES - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, June 5, 2008 1:15 p.m. - - - PRESENT: COUNCILMAN FRANK DiCICCO, CHAIR COUNCILMAN BILL GREEN COUNCILMAN WILLIAM GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN JANNIE BLACKWELL BILLS 080485, 080524, 080504, 080523, 080493, 080428, 080494, 080497, 080503, 080502, 080429, 080430, 080431, 080432, 080434, 080467, 080487, 080489, 080490, 080426, 080436, 080466, 080488, 080492 and 080528 - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2 COUNCILMAN DiCICCO: Good afternoon, everyone. The Committee on Streets and Services, the public hearing, is now in session. We do have a quorum of myself as the Chair, Councilman DiCicco. To my immediate left is Councilman Greenlee. To my far left is Councilman Green, and to my right is Councilwoman Donna Reed Miller. I will ask Mr. Abernathy to read the title of the first bill.

Bill No. 080523, an ordinance amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and Littering," by amending Section 10-703, entitled "Placement of Litter in Receptacles," by prohibiting the disposal of household or commercial refuse in public receptacles; by amending 10-718, entitled "Enforcement," and Section 22 10-719, entitled "Penalties," by providing for enforcement and penalties for violations; by further amending Section 10-718 and Section 10-719 to 3 6/5/08 - STREETS - BILL 080485, etc. increase the amount to be remitted and increase the penalties for violations of Section 10-702, relating to littering in public places; and by making certain technical changes, all under certain terms and conditions. COUNCILMAN DiCICCO: Thank you. Is there anyone here who will be testifying on this bill? Please come to the witness table and proceed with your testimony. DEPUTY COMMISSIONER WILLIAMS: Good afternoon, Councilman DiCicco and Honorable members of City Council. My name is Carlton Williams, Deputy Commissioner of the Streets Department. I'm pleased to present testimony to the Streets and Services Committee in support of Bill No. " 4 6/5/08 - STREETS - BILL 080485, etc. Healthy and Sustainable Communities is one of the Mayor's major core service areas to make Philadelphia neighborhoods vibrant and livable. One initiative under the Mayor's strategy is to decrease litter citywide. Litter is a major threat to public appearance and sustainability. Our city must not allow litter to become an acceptable and tolerated behavior in our communities, and we must take preventive action to eliminate it before it leads to more serious conditions, including blight and crime. The key to neighborhood sustainability is for residents to take personal responsibility for their neighborhoods. In FY09, Mayor Nutter approved funding for an additional 21 SWEEP officers to help meet this goal. 22 These officers will help increase 23 education and enforcement of the laws 24 preventing the conditions that create litter on our city streets. 5 6/5/08 - STREETS - BILL 080485, etc. The Streets Department services more than 1,500 public litter baskets daily throughout the City of Philadelphia. 8 million. Most 8 baskets are placed along commercial 9 corridors and near high pedestrian 10 traffic areas. Public litter baskets are 11 intended to give pedestrians a place to 12 discard disposable items in an acceptable 13 container that could potentially be 14 thrown on City streets, sidewalks and 15 open spaces. 16 Litter baskets are not intended for household trash that should be normally placed out for weekly residential curbside collection. Placing household trash in public litter baskets creates a number of problems and conditions that impact the quality of life in the City. Number one, it creates unsightly conditions. Trash piled up in 6 6/5/08 - STREETS - BILL 080485, etc. public litter baskets become an eyesore for residents, businesses and pedestrians that live, work and visit throughout the City. It also creates litter conditions. Household trash in public litter baskets impedes the intended use of the basket. Household trash consumes the majority of space in the basket, leaving little room for pedestrians to place litter in the container. This also contributes to other litter conditions. It also invites illegal dumping. Other people begin to place trash and other debris alongside public containers, creating hazardous conditions. The Streets Department regulations governing municipal collection and refuse prohibit the deposit of household commercial refuse in any public receptacle. This order amends the City Code to be consistent with Streets Department regulations. 7 6/5/08 - STREETS - BILL 080485, etc.

Some litter basket locations create more serious problems such as illegal dumping of trash and other refuse such as construction debris, discarded tires, used furniture and appliances and all other sorts of hazardous materials and substances that impact the health, safety and welfare of all who live, work and visit our city. In FY07, the Streets Department removed more than 20,000 tons of illegal dumped material, costing taxpayers approximately $2 million. The increase in this penalty from $25 to $150 for public littering or for depositing household or commercial refuse in any public receptacle will give the Department the authority to deter illegal dumping in our city. The Streets Department is pleased to support Bill 080523 and thanks Councilmembers James Kenney, Frank DiCicco and other members of the Committee on Streets and Services for 8 6/5/08 - STREETS - BILL 080485, etc. their leadership in helping to keep our city clean. COUNCILMAN DiCICCO: Thank you, Mr. Williams. For the record, two other members of this Committee are now in attendance: Councilwoman Quinones and Councilman Jones. Mr. Williams, where are we on enforcement? For a number of years -- actually, I've been chairing this Committee, I guess it's, 13 years now. From time to time, the issue of public receptacles being used by the public for purposes other than dropping some litter if they're waiting for a bus, but bringing household trash there, where are we with enforcement? Do we have any stats on -- are we enforcing it? And the reason I say that, I can probably point to dozens of receptacles that on any given day it's obvious that the trash that is at that receptacle was generated by someone 9 6/5/08 - STREETS - BILL 080485, etc. bringing it from their house or apartment, especially on South Broad Street. I mean, we've had this problem for years. So just talk to me, if you can, and tell me, are we doing enforcement? Do we need to do something to enhance the enforcement? Because it's just the same intersections, and despite your best efforts, nothing is changing. DEPUTY COMMISSIONER WILLIAMS: Yes, Councilman DiCicco. We have issued more than 200 fines in the last two years in reference to people who place their residential trash in public receptacles, and these fines have totaled more than $3,000. We believe that an increase in the penalty would then deter this type of behavior if they thought they was going to get a heftier fine for that. One of the keys to catching or issuing a citation is that we have to have an identifiable person with an address and a name. And some people do 10 6/5/08 - STREETS - BILL 080485, etc. place their literature out for trash into a basket and we're able to catch them at that point. Unfortunately for those who don't, this has been an ongoing problem where we have to catch them actually on the spot to issue a citation. But, again, we believe that education and with the increased fines will deter this type of behavior. COUNCILMAN DiCICCO: And I understand because we've had this same conversation several times in the past, that in order to be able to issue the citation, you have to find the person who is dumping trash illegally. And as I said in the past and I'll repeat it again, there are some areas of the City where it is just so obvious that it's not just one person, it's many people from a community who go to that particular receptacle, leave their household trash, knowing that the City eventually will pick it up. Wouldn't it be in our 11 6/5/08 - STREETS - BILL 080485, etc. interest -- and I don't want to have a Big Brother effect, if you will, but wouldn't it be in our interest to have someone either in close proximity where we know these short dumping situations are going to occur -- because traditionally that's been going on for years -- and to begin to start citing people as opposed to just looking through the trash to see if someone is not educated enough to understand don't leave an envelope in there with your name?

Because most of the public has gotten pretty sharp on that. And I think the reason is not just only for the fines, but to get the message out that this is not acceptable. I mean, I was in Manhattan two weeks ago, and unless they either have roving crews go around, I didn't see any of this at any of the public receptacles. From 13th Street all the way up to about 40th Street I spent most of the day, and I didn't see any of that stuff, and I got 12 6/5/08 - STREETS - BILL 080485, etc. there early. So I don't know what they're doing about it, but people aren't coming out of their apartments or homes, walking to the end of the block and just dumping trash. So, again, I don't mean this to be critical, but if we can do something here in addition to this bill and other things, we need to know. DEPUTY COMMISSIONER WILLIAMS: Understood, sir. COUNCILMAN DiCICCO: Because it's costing us a lot of money. DEPUTY COMMISSIONER WILLIAMS: There are a couple things that we are working with the Administration. One of the things that Mayor Nutter has asked for is a public receptacle plan, to look at the current number of trash cans that we have, public trash cans, on our City streets, but also the type of container. We use a 32-gallon wide-mouth wire mesh basket right now that's capable of really carrying pretty much anything. 13 6/5/08 - STREETS - BILL 080485, etc. If you come out with a big bag of trash, it can then take it in that type of receptacle, which creates those problems that I just mentioned in testimony. We're looking at the type and style of the basket in certain areas. One of the things that we talked about is prohibiting those type of containers in certain areas of the City and to use a basket that's more acceptable for litter, and that means loose litter, which litter has been placed in baskets, which is the intended use, and not have these type of containers out so that people encourage that. Also, the use of additional officers will allow us to have more patrols on those areas where there have a more visible presence to try to deter this type of behavior. Our plan is to de-centralize these sanitation officers so that they can be in all neighborhoods, and that presence will hopefully deter many of the residents from actually 14 6/5/08 - STREETS - BILL 080485, etc. participating in the type of behavior. COUNCILMAN DiCICCO: I hear you with the additional officers, but a lot of this stuff occurs late at night and I suspect that our officers aren't out there -- DEPUTY COMMISSIONER WILLIAMS: That's correct. COUNCILMAN DiCICCO: -- late at night, early in the morning, and that's generally when the violations mostly occur. In regards to the size of the basket, I know for a number of years we've been trying to tweak that. It seems like people don't only just go and put refuse in the basket, they know it's a public receptacle, they'll put it alongside it. They don't care about putting it in. They just leave their bags and whatever else, their belongings, right next to the container. During the last Administration, I had hooked up with a company that was 15 6/5/08 - STREETS - BILL 080485, etc. promoting solar-powered public trash compactors. Is there any discussion going on since that time? DEPUTY COMMISSIONER WILLIAMS: Absolutely. Big Belly solar power -- Big Belly is the name of the company, which is a solar-powered receptacle that actually allows the container to be -- to carry more weight. The system compacts the trash, which allows less frequency for pick-ups and collections. So the containers actually don't fill up as fast. We have a representative actually as we speak that's out doing a feasibility plan to determine the number of baskets, where they should be placed, how they can be of beneficial and effective for the City, and he's going to provide that plan, which is also a part of the plan we're going to submit to the Mayor. COUNCILMAN DiCICCO: I know when we wheeled the demo model out, it 16 6/5/08 - STREETS - BILL 080485, etc.

was next to the Mayor's entrance. The problem is, it was right next to a regular trash container and people just didn't realize it was a new gadget, to try it out. But thank you. Councilman Green. I'm sorry. You got Green and Greenlee.

And we're sitting next to each other. That's the problem. COUNCILMAN DiCICCO: I don't know who had it on first. You guys figure it out.

Bill did. COUNCILMAN DiCICCO: Councilman Greenlee.

Thank you, Mr. Chairman. Just quickly, first to add to what the Chairman said, I think part of the problem I know in my area, because people particularly threw garbage in some of these cans and they obviously got a 17 6/5/08 - STREETS - BILL 080485, etc. little fragrant, a lot of neighbors didn't even want the cans there anymore, the receptacles, because they just thought it was more problems than it was worth. Now, can police -- I mean, most people aren't going to dump in front of a police officer, but some folks aren't the smartest in the world. If a police officer sees it, do they have the right to write this violation? DEPUTY COMMISSIONER WILLIAMS: Yes, sir.

Okay. I'm just thinking of the later night thing and that kind of thing. One last question. You said it in your testimony, but I just want to be clear for the record. So this was already a Streets Department regulation and this puts it in the Code. Is that basically -- DEPUTY COMMISSIONER WILLIAMS: Yes, sir. It isn't specifically 18 6/5/08 - STREETS - BILL 080485, etc. addressed in the Code. The Streets Department regulation kind of clarifies and gives us the authority to enforce the regulation, which is right now a $25 fee.

Because I've seen these signs. I knew there was a violation, so I was surprised when I saw the bill. I didn't realize the difference here. Okay. Thank you. COUNCILMAN DiCICCO: Thank you. Councilman Green.

Thank you. I just wonder how many other things are out there like this that are in addition to simple trash cans in the street, how many different regulations that the Streets Department has where they can actually write fines to people. Do you happen to know what that number is? DEPUTY COMMISSIONER WILLIAMS: I don't have it offhand, sir, but I can get that information to you. 19 6/5/08 - STREETS - BILL 080485, etc.

If you could provide that to the Chair. DEPUTY COMMISSIONER WILLIAMS: Yes.

And then my question would be, for each one of those, how many fines are actually written. DEPUTY COMMISSIONER WILLIAMS: Okay.

And an estimate of the number of fines that could be written. Because it seems to me 200 is still an -- I think Councilman DiCicco was making the point, the Chairman, 200 is still an extremely low number for what we're talking about, and regardless of the fine, it's meaningless if people aren't getting fined. DEPUTY COMMISSIONER WILLIAMS: Yes, sir.

It's not going to change behavior. So there has to be enforcement out there with it, and to the extent the Streets Department can 20 6/5/08 - STREETS - BILL 080485, etc. put together a business case that would say, If we hire ten more inspectors and raise these fines to Y, then we're actually going to make a profit on the cost of those inspectors, you should do so and bring it to this Committee, because I'm sure we'd all be interested in hearing about it. Thank you. DEPUTY COMMISSIONER WILLIAMS: Thank you, Councilman Green. I do have a document. I just didn't have it totally calculated, with the number of violation and fines. I'll more than happy to provide this and make a copy. It shows the number of violations and specific type of violation and also the amount of money that was collected as the result of the citation being issued to the offender. So I can provide that for you and make a copy as well.

And inspectors and how much time they spend in the field versus in the office, I'd be 21 6/5/08 - STREETS - BILL 080485, etc. interested in that number. DEPUTY COMMISSIONER WILLIAMS: Yes, sir.

Total number of both. Thank you. COUNCILMAN DiCICCO: Not to belabor the point, but one other issue. I know I see on TV some advertisements about litter and other things that the Streets Department is promoting. If it's not already being done, I think it may not be a bad idea to do some public service educational materials in local newspapers; in particular, in minority communities where people don't speak English. You have in South Philadelphia a huge Asian and Latino population. In those types of newspapers I think it would be appropriate as well. DEPUTY COMMISSIONER WILLIAMS: Absolutely. COUNCILMAN DiCICCO: Councilwoman Quinones.

Along 22 6/5/08 - STREETS - BILL 080485, etc. those lines, I guess one of my concerns with this is that we've talked a lot about enforcement, but we haven't really talked about what are we doing long term to change behaviors. I mean, I think people in Philadelphia have just gotten accustomed to having a dirty city, and while the Mayor in his first hundred days has really pushed this whole issue about us cleaning, I don't see a grand plan. And I know we're going to be meeting soon to talk a little bit about that, but I'm very concerned around the education. Because we're always talking about enforcement, and the bottom line is, we got to change the behaviors that we've allowed to happen for many years in Philadelphia, particularly with young folks, to kind of change that pattern. So I'm a little concerned about that piece. The other piece, when we do this -- and I have a trash issue, trust me. When we do this trash piece, what 23 6/5/08 - STREETS - BILL 080485, etc. are we doing to change our current policy around people who have the trash receptacles and have to sign up to be able to have one on their blocks? I mean, are we doing these independent of each other or are we really looking at a trash receptacle plan that's comprehensive that takes into account all of those? Because you're talking about the ones that we manage. I know that commercial corridors have their own. I know that block captains. So what are we doing to kind of standardize a policy around that? My only concern is because you have people who have registered for a trash can and I don't want them getting cited. And, again, they're trying to help us with this. So is there a correlation of how we're going to deal with this? DEPUTY COMMISSIONER WILLIAMS: Yes, ma'am. We have an Adopt a Basket program through the Philadelphia More 24 6/5/08 - STREETS - BILL 080485, etc. Beautiful Committee. That program is ran throughout our department where residents actually sign a contract to maintain the basket in the condition of what it's supposed to be used for, which is to prevent the public from using residential household trash into it. Their only obligation to us is that they pull the liner and have it ready for trash day when our guys come through and pick up the trash, and they can sign up through that program at any time through our department. There is a comprehensive plan in terms of litter in general. You touched on some very important points, and I have with me today Phoebe Coles from Keep Philadelphia Beautiful. A couple of things that we're working on right now: The Mayor has asked for a plan by June 25th for a citywide litter prevention strategy. It doesn't just include enforcement. It does include many of the things that you and 25 6/5/08 - STREETS - BILL 080485, etc. Councilman DiCicco just talked about, which is the public education component. It is extremely important that we start targeting our young people. Last year, we started litter-free school zones, and in ten Philadelphia schools, there's a young student program that participate in keeping their neighborhood schools clean around the school and along corridors leading up to the school as well. Not only did they get involved with cleaning up the school, but there was educational programs presented on recycling and litter prevention and beautification, which is an extremely important part of litter prevention as well, on how we can maintain and sustain our neighborhood conditions beginning at its earliest phases, which is our young people.

Are we going to cite those block captains who have those registered trash cans? My concern is, I can see where when we go on 6/5/08 - STREETS - BILL 080485, etc. this massive enforcement, those folks who are voluntarily helping us through those trash cans, are we going to cite those? Are those going to be kind of off so that we don't cite where we have that voluntary participation? I don't want to get calls from block captains saying, I'm trying to be nice and I'm get a $150 ticket. DEPUTY COMMISSIONER WILLIAMS: I understand. Before that occurs, obviously you're right, we need to educate tremendously on what the intended use of the basket is. We have a relationship with our block captains where they can contact us if they're having problems with the can from other residents where they can call. And so our block captains serve as our eyes and ears for our department and to other City services. So those things are happening before a citation or any ticket is issued. The block captain usually contacts our office through PMBC to say, 27 6/5/08 - STREETS - BILL 080485, etc. Hey, I'm having problems with residents throwing residential trash. So they usually report the problems to us. We don't give the block captain the ticket, especially if they're signed up through the program, but we do address the violator. We address the violator, as you mentioned earlier, through education first, then we want to provide warnings and then actual citations to the actual resident. But we want to make sure that when we place these baskets out, that they're not contributing to the problems of litter in the City. And our block captains are our first step that we work with, and we don't intend on citing them whatsoever in terms of them wanting to try to do good for our community.

I have another question. In terms of these historical dumping sites that we've had, part of the issue is -- and I'm sure Councilman DiCicco has this -- when you have these multi-family dwellings and 28 6/5/08 - STREETS - BILL 080485, etc. very little space to store trash. So you get a lot of that. I'm concerned about how we look at this in some of the poorer communities where you have several multi-family dwellings and so people don't have storage. And the only reason I put that out there, because I think as you look at creating this plan, one of the things that I know I was going to ask from the Department was, are there other things that we need to put in place? Do we need to start requiring some of these landlords to provide facilities or a dumpster for some of this trash? Because I think one of the things that you'll see as you look at your litter map is that there's definitely an overlay between multi-family units and the dumping trash situation that we have. So hopefully that plan will address it when we look at it, but I am concerned, because what I don't want is a situation where, again, we're doing the 29 6/5/08 - STREETS - BILL 080485, etc. enforcement part, but then we're not looking at what are the indicators or what are some of the factors that contribute to people putting trash out, because they may not -- if you're living in an apartment building; for instance, in my neighborhood of Norris Square, we have big homes that have been converted to four, five apartments. There's no 11 place to store it. So I hope that that plan addresses that a little bit. Again, the goal is, we want to clean up, and I definitely want to be helpful in that, but I want to make sure that we look at all of those things and we address those so that it's not just the enforcement, but we're looking long term if you have a three-family dwelling, we're going to require some space that the landlords have to provide for storage of trash so that we don't have the dumping problem. I mean, that's an effect of other things that are not taking place. 30 6/5/08 - STREETS - BILL 080485, etc. DEPUTY COMMISSIONER WILLIAMS: We'll definitely consider that for the plan. One of the things I should also advise you of, Councilwoman, is that people that have space limitations, especially South Philadelphia and in North Philadelphia, we've been very flexible in terms of the issuance of the law which talks about the use of public receptacles -- or private receptacles to place out your containers. We know that there is not a lot of space. A lot of people like to put their trash containers up against their house. One of the things that we've instructed our officers to do is to use your guidance and if the container is in a well-kept position, if it has a lid on it so it doesn't create litter conditions, that that's been acceptable in some areas. In other areas where people don't put the lid on, it creates a problem with odors and smells and litter conditions for other neighbors. So we 31 6/5/08 - STREETS - BILL 080485, etc. try to work with those community residents.

I want the enforcement. I just want us to look at all the factors prior to -- because I don't particularly like those trash cans in the front porches, but -- and especially in the summer. What I'm saying is, there may be some code things that we have to look at our multi-family dwellings so that we don't get to that point. Because residents are responding to a reality that they have around limited space. So I'm saying as part of this, as we look at trash and we look at particular sectors in the community where there's all these multi-family dwellings, we may have to require other things in terms of storage to homeowners and landlords as opposed to -- because I do want the enforcement, don't get me wrong. I just want us to say, Okay, this is a problem, but it's because in certain communities where we have these 32 6/5/08 - STREETS - BILL 080485, etc. multi-family dwellings, the physical space of the buildings don't allow for space, and then we may have to require landlords to provide something else so that we can make sure that that doesn't happen. DEPUTY COMMISSIONER WILLIAMS: Yes, ma'am. COUNCILMAN DiCICCO: Councilman Jones.

Thank you, Mr. Chairman. Good afternoon. DEPUTY COMMISSIONER WILLIAMS: Good afternoon, sir.

A couple of things. Number one, I join Councilwoman Quinones-Sanchez on her education emphasis. We had an opportunity to do a number of clean-ups, starting with the Mayor's citywide clean-up, and you were a part of that, but we also did a clean-up last week with 150 young people who came from outside of the City to come to a 33 6/5/08 - STREETS - BILL 080485, etc. particular part of my district, and we cleaned about 30 blocks. You were very helpful in that pick-up and special pick-ups and things like that, and that was wonderful, but what I noticed was that a lot of the residents kind of took it for granted that this effort was being marshaled by a group and that's just the way it should be. And we have to go a long way to educate people that we have a responsibility. No matter how many tons of trash volunteers pull out, it doesn't replace a good conscience to go six steps to a trash can. The average of six steps before people litter is very true. There have been studies of that. They don't hold paper in their hand longer than six steps. So one of the things that I'm looking to do is, whatever this plan is, whatever this no litter plan or be conscious about your community plan, we're having a block captains boot camp on June 28th up at the Philadelphia 34 6/5/08 - STREETS - BILL 080485, etc. College of Osteopathic Medicine. We anticipate somewhere around 200 block captains, some existing block captains, but some new people that are interested in becoming block captains. We would hope that your office also participates in that and kind of gives them a call to arms or a charge for their respective blocks and communities. So we'd like you to be a part of that. DEPUTY COMMISSIONER WILLIAMS: Yes, sir. We most definitely will.

The other thing is that Councilman Green, myself and Councilwoman Blondell Reynolds Brown took a walking tour up in the East Falls area this Friday and we had -- in Manayunk this Friday, and we saw a number of issues germane to renters, and I think this speaks to what Councilwoman Sanchez talked about. I mean, we have a particular town and gown issue there related to well-meaning college students that do not have the same sense of 35 6/5/08 - STREETS - BILL 080485, etc. commitment as homeowners may have, and in some cases, these are rental properties. And Councilman Green and I were astonished to find out that in these communities, somewheres upwards of 80 to 85 percent of the people were renters, and some of them were in fact illegal renters, because there was a limit of four and some of them had packed as many as six to eight students in there, and that traditionally they are short dumpers. We walked around, and as the hour grew later, we saw more and more short dumping in front of my eyes, to the point where my colleague had to call in air strikes by way of his cell phone to get people to respond to this. So I share the concern of the Committee on the education part, but also on the enforcement aspect of this, that good neighbors should be encouraged, but bad neighbors need to be reminded of their civic responsibility to keep their 36 6/5/08 - STREETS - BILL 080485, etc. block clean. DEPUTY COMMISSIONER WILLIAMS: Yes, sir.

Thank you, Mr. Chairman. COUNCILMAN DiCICCO: Thank you. Any other witnesses on this bill? (No response.) COUNCILMAN DiCICCO: Thank you, Mr. Williams. Seeing none, Mr. Abernathy, the title of the next bill.

Bill No. 080504, an ordinance authorizing the installation of all-way stop signs at the intersection of Quentin and Salaignac Streets. (Witness approached witness table.)

Good afternoon. COUNCILMAN DiCICCO: Good afternoon.

Mr. Chairman and members of the Committee, thank you for 37 6/5/08 - STREETS - BILL 080485, etc. the opportunity to appear before you today. My name is Charles Denny and I am the Acting Chief Traffic Engineer for the Department of Streets. I am here today to offer testimony on Bill No. 080504, a bill 8 establishing an all-way stop control at the intersection of Quentin and Salaignac Streets. The Streets Department has objections to this bill. The Pennsylvania Vehicle Code requires PennDOT to develop regulations governing traffic control devices in accordance with the Federal Highway Administration's Manual on Uniform Traffic Control Devices. These regulations apply to all public streets and highways in Pennsylvania, and the City Solicitor has ruled that the Streets Department is legally obligated to comply with the Vehicle Code and related PennDOT regulations. Federal and state criteria 38 6/5/08 - STREETS - BILL 080485, etc. require that an all-way stop control be warranted by an engineering study of traffic conditions, police crash records, traffic volumes, speed, sight distance. A study that was completed in February 2008 concluded that conditions at this location did not satisfy federal and state warrants for an all-way stop control. The warrants for an all-way stop control were analyzed, and the following is a description of the analysis related to the conditions at the intersection of Quentin and Salaignac Streets. Warrant I relates to a location where a traffic signal is warranted, but for some reason cannot be immediately installed. An all-way stop can be established temporarily pending the traffic signal installation. Conditions do not satisfy the state's warrants for a traffic signal here. Therefore, Warrant I is not satisfied. Warrant II relates to accident 39 6/5/08 - STREETS - BILL 080485, etc. experience. Police accident records for five or more accidents within a 12-month period correctable by an all-way stop sign installation satisfy Warrant II. According the police accident records for the period between 2005 and the present, there were no correctable accidents at this intersection. Therefore, Warrant II is not satisfied. Warrant III relates to vehicles and pedestrian volumes. It requires that the total vehicle volume on the major street, Quentin, average at least 300 vehicles per hour for any eight hours of the day, and the combined vehicle and pedestrian volume from the minor street, Salaignac Street, averages at least 200 vehicles and pedestrians per hour for the same eight hours. Actual counts of vehicle volumes on Quentin averaged 120 vehicles per hour. This is 40 percent of the minimum 300 vehicles per hour for the street. Under those same conditions, 40 6/5/08 - STREETS - BILL 080485, etc. actual counts for vehicles and pedestrian volumes on Salaignac averaged 32 units per hour. This is percent of the 200 5 combined vehicle and pedestrian volume 6 per hour required for the minor street. 7 Therefore, Warrant III is not satisfied. 8 At Quentin and Salaignac 9 Streets, we are not dealing with a 10 borderline situation, but rather one in 11 which prevailing traffic conditions fall 12 far short of the minimum required by the 13 Federal Highway Manual and the 14 Pennsylvania Vehicle Code for 15 installation of an all-way stop control. 16 Thank you for the opportunity to appear before you today and I would be happy to answer any questions. COUNCILMAN DiCICCO: Thank you, Mr. Denny. Any questions? Councilman Jones.

I think we have other people that want to testify from the community. 41 6/5/08 - STREETS - BILL 080485, etc. COUNCILMAN DiCICCO: Anyone else here who wishes to testify? Please come to the witness table. You can come together. There's two, three. Have a seat there. (Witnesses approached witness table.) COUNCILMAN DiCICCO: Good afternoon, gentlemen. Please state your name for the record and proceed with your testimony.

Good afternoon. My name is Michael Hogan. I'm a resident of 5444 Quentin Street, and I would just like to express my concerns briefly this afternoon about the traffic issue on our street. I'm a father of an eight-month-old baby, and I know I'm just one of many on that street with small children. I think the important thing to consider in terms of that intersection is that the street does sort of serve as a cut-through between Ridge Avenue and 42 6/5/08 - STREETS - BILL 080485, etc. Henry Avenue, which you may know are the two major traffic areas of the area. And despite maybe the fact that this street falls under some statutory limit or requirement of how many cars travel by in a certain time, I think you need to look at each street individually and the fact that this street does see much heavier traffic than an average neighborhood street of its size. And I think what's been created here is an unsafe situation where I see almost on a daily basis, whether it be putting my daughter in and out of her car seat -- or another unique aspect of Quentin is, there's a public entry to Fairmount Park, a couple little league fields, a playground. So I believe the foot traffic on this street is especially high during the spring and summer. Finally, what I wanted to bring up was not only for the neighbors, but for any driver coming through there, as you approach the intersection in 43 6/5/08 - STREETS - BILL 080485, etc. question, essentially hours a day one full side of Quentin is full of parked cars and the only way really to see if it's safe to proceed is to inch out into a street that cars are constantly going well over the speed limit through. So I guess what I'm saying is, you kind of have to put the edge of your car into harm's way even to make a turn at that intersection. So thank you. COUNCILMAN DiCICCO: Thank you. Gentlemen.

My name is 16 Nicholas Borelli and I'm a resident of 17 the neighborhood. 18 I'd just like to agree with 19 everything Mr. Hogan said, and also I'd 20 like to point out while the posted speed 21 limit is 25 miles per hour, cars 22 routinely travel much faster than that. 23 The intersection is in between a section 24 of Quentin Street that turns into Barnes Street where there are no stop signs for 44 6/5/08 - STREETS - BILL 080485, etc. four-tenths of a mile. Cars will routinely accelerate well beyond miles 4 per hour. 5 I'd like to read into the 6 record two letters, one from the 7 Cook-Wissahickon School and one from the 8 Northern Home for Children. 9 First from the Cook-Wissahickon 10 School. It's addressed to Councilman 11 Jones. It says, "I am writing to express 12 my concern for the need for a all-way 13 stop sign at Quentin and Salaignac 14 Streets. 15 "This location would greatly 16 reduce the heavy traffic volume that is 17 experienced during school hours. Often 18 automobiles travel at excessive speeds 19 that impede the safety for pedestrians. 20 "Since the safety of our 21 children is paramount, it is my hope that 22 you would strongly consider advocating 23 for the stop sign on behalf of the 24 children that attend Cook-Wissahickon 25 School. 45 6/5/08 - STREETS - BILL 080485, etc. "Please know that our concern is for the school, students and neighbors in our community. "Your attention to this matter is greatly appreciated." I'd like to point out that this school is two blocks from the intersection. Finally, a letter from the Northern Home for Children, also addressed to Councilman Jones. "This letter will serve to support your legislation mandating an all-way stop sign at the corner of Quentin and Salaignac Streets in the Roxborough section of Philadelphia. As the largest employer on lower Ridge Avenue, Northern Home for Children employs many individuals who use Quentin Street from Henry Avenue to get to Northern Home. Placing an all-way stop sign at the intersection of Quentin and Salaignac Streets will go a long way to secure the safety of these employees. 46 6/5/08 - STREETS - BILL 080485, etc. "As in many situations of this nature, we don't want to wait until a fatality at this dangerous intersection brings about the attention or urgency needed to move this action forward. "We encourage the members of the Streets and Services Committee to proactively address the potential danger and approve the placement of an all-way stop sign at the intersection of Quentin and Salaignac Streets." Thank you. COUNCILMAN DiCICCO: Thank you. Please identify yourself.

Yes. Good afternoon, Councilman and fellow Councilmembers. My name is Joseph Mangano. I am one of the democratic committee people in that division, 35th Division, 21st Ward. I reside at 5458 Quentin Street, which is four houses from that intersection. I've been a resident there for 18 years. Based on a letter that I see 47 6/5/08 - STREETS - BILL 080485, etc. that this Streets Department is saying we don't meet the criteria that there's not enough accidents, I would think that we would maybe have a stop sign there to prevent the number of accidents rather than wait for the accidents to happen and then put a stop sign there. To me, I mean, I don't really necessarily agree with them. I do agree with what the other gentlemen here are saying. We are between Henry Avenue and Ridge Avenue. It's a cross-through there. If a lot of people get stuck on Henry, they tend to scoot through our neighborhood. I have two children. One is nine and one is 12. My children really can't play outside there. They have to play in the back driveway or on the lawn. So I would hope that Council would take into consideration this bill 23 and put a stop sign there, and hopefully that, like I said, that wait for the accidents to happen, then to put the stop 48 6/5/08 - STREETS - BILL 080485, etc. sign there, it's kind of like we're putting the cart before the horse. I thank you for your time and I would hope you would consider this bill. COUNCILMAN DiCICCO: Thank you, gentlemen. And over the years, we've had numerous requests for all-way stop signs, and Mr. Denny is really a great guy and professional. He's just following the book, as they will. But you make a good point. We've made that a number of times over the years as well. But Mr. Denny, again, has to go by certain things because he works for the Streets Department and there are certain criteria that they need to meet. Councilman Jones.

Yes. I want to thank you all for taking the time out. This is a great concern. I've actually been at that intersection and was amazed at some of the velocity. Some of the cars actually picked up by the time they got to that intersection. 49 6/5/08 - STREETS - BILL 080485, etc. I respect totally the work of the Streets Department. They do great work. They pulled me from a ledge a couple of times trying to put in actual stop signs -- traffic lights and reminded me that they cost somewhere in the neighborhood of $75,000 per to install. But stop signs don't cost that much. And I agree with you wholeheartedly, prevention is as important as the cure. And just maybe we might be able to prevent a fatality or an accident in an intersection by this type of intervention. I thank you all for coming out, for your testimony. COUNCILMAN DiCICCO: Thank you. Thank you, gentlemen. Any other questions for these witnesses? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against this bill? (No response.) 50 6/5/08 - STREETS - BILL 080485, etc. COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.

Bill No. 080493, an ordinance amending Section 9-200 of The Philadelphia Code, entitled "Commercial Activities on Streets," by amending Section 9-211, entitled "Boxes for the Distribution of News and Printed Material," relating to the regulation of newspaper boxes on the public sidewalk, by including certain portions of Frankford and Torresdale Avenues within the boundary subject to the provisions of this Section, and making certain technical changes, all under certain terms and conditions. COUNCILMAN DiCICCO: Good afternoon, Mr. Haigler.

Good day, Chairman DiCicco and members of the Committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. 51 6/5/08 - STREETS - BILL 080485, etc. Today I'm here to provide testimony on Bill No. 080493, which, if enacted, will amend provisions of The Philadelphia Code to expand requirements which regulate devices used for the distribution of newspapers and other printed materials commonly referred to as "honor boxes" to portions of Frankford Avenue and Torresdale Avenue as indicated in the bill. The Department offers no 13 objections to the enactment of this bill 14 and will enforce its provisions should the Mayor sign it into law. To provide some background on the requirements to regulate honor boxes in the City, the provisions regulating honor boxes were first enacted into law on June 24, 1999 and at that time only applied to designated areas within Center City. Subsequent to its enactment, the provisions regulating honor boxes were further amended to include the 1700 block of Cottman Avenue and over the past nine 52 6/5/08 - STREETS - BILL 080485, etc. years the Department has enforced the provisions in the designated areas. Should Bill 080493 be enacted, we will expand our enforcement efforts to include the portions of Frankford and Torresdale Avenue that are indicated in the bill. We have been involved in discussions with Councilwoman Krajewski's office regarding Bill 080493 and will continue to work with her office once the bill has been enacted in order to plan for its implementation and enforcement. In addition to our discussions, we are offering an amendment in conjunction with Councilwoman Krajewski. She's in agreement with the amendment. All it does is, it deletes Section 2 indicating that the bill will be enacted immediately and indicate that the bill 21 will be enacted on July 1, 2009, give it a year. The reason for that is, I understand that there are some issues related to the CDCs in her district that need to plan for the purchase of the 53 6/5/08 - STREETS - BILL 080485, etc. corrals and putting certain things in order before the bill could be enacted and enforced. COUNCILMAN DiCICCO: Thank you. Any questions for Mr. Haigler? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.

Bill No. 080428, an ordinance granting permission to Longacre Holdings, owner of the property 1509 Mifflin Street, Philadelphia, to operate and maintain an open-air sidewalk cafe on the northwest corner of Mifflin Street and Hicks Street, under certain terms and conditions. (Witnesses approached witness table.)

Thank you, 54 6/5/08 - STREETS - BILL 080485, etc. Mr. Chairman. I have with me Kelly Longacre, the owner of the outdoor cafe at Mifflin and Hicks. I'm Nick Maiale. I'm their counsel. This is sort of a redo. We did this two years ago, but through her not knowing or my overlooking it, we didn't file the requisite paperwork afterward. So L&I came around and said the best thing to do would be a redo, and that's why the ordinance was reintroduced. But no trouble with the bar. The neighborhood likes it a lot, and no 15 complaints or anything like that. COUNCILMAN DiCICCO: Welcome addition to South Philadelphia, by the way. Even though you're not in my district, it's a great place.

Thank you. COUNCILMAN DiCICCO: Anyone else testifying?

Good afternoon, Chairman and members of the Committee. My name is Robert Black and I'm a 55 6/5/08 - STREETS - BILL 080485, etc. construction engineer with the Streets Department. I am here to offer the following testimony for Bill No. 080428. This bill grants permission to Longacre Holdings, LLC, owner of the property 1509 Mifflin Street, to operate and maintain an open-air sidewalk cafe at the northwest corner of Mifflin Street and Hicks Street adjacent to the property. A total of four tables to accommodate chairs are proposed. One 13 table is for the north sidewalk of 14 Mifflin Street, leaving approximately 15 five feet of clear footway for the 16 pedestrians. Three tables are proposed for the west side of South Hicks Street, leaving approximately five feet of clear footway for the pedestrians. No rails will be used. The Streets Department has reviewed the cafe plan and has no 23 objection to the passage of the bill. COUNCILMAN DiCICCO: Thank you. Any questions for these 56 6/5/08 - STREETS - BILL 080485, etc. witnesses? (No response.)

We would ask that -- COUNCILMAN DiCICCO: We will have a suspension.

-- that you suspend the rules to permit first reading on the 12th. COUNCILMAN DiCICCO: So noted. So we'll have it done on the last day of session. It will be final. We won't need anything for L&I. I mean, even if you wanted to allow them today -- I've done this in the past. If you need a letter from the Council President, since it's her district, letting you know that we fully intend to pass the bill, that would give you some cover. If you want to allow them to begin immediately in anticipation of the bill being passed two weeks from now, that would be fine. I mean, I've done that with L&I in the past. 57 6/5/08 - STREETS - BILL 080485, etc. So if it's okay with you, Nick, you may want to just let Anne know to send them a letter, L&I a letter, and literally immediately you can begin to operate legally, if you will.

I understand. COUNCILMAN DiCICCO: Thank you.

Thank you very much. COUNCILMAN DiCICCO: Any questions? (No response.) COUNCILMAN DiCICCO: Thank you. Mr. Abernathy, the title of the next bill.

Bill No. 080494, an ordinance authorizing Bikim Divine to construct and maintain two balconies at 1109 South 23rd Street, under certain terms and conditions.

My name is Robert Black. I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill 58 6/5/08 - STREETS - BILL 080485, etc. No. 080494. This bill authorizes Bikim Divine to construct, own and maintain two balconies as part of the residential development at 1109 South 23rd Street. On Alter Street, the balcony is approximately 41 feet in length, three feet nine inches from the building face at a clear height of approximately 11 feet seven inches. On South 23rd Street, the balcony is approximately 13 feet in length, three foot five inches from the building face at a clear height of approximately 11 feet three inches. The Streets Department has reviewed the construction plans. As the encroachments do not adversely affect the public right-of-way, the Streets Department recommends the passage of this bill. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the Committee? 59 6/5/08 - STREETS - BILL 080485, etc. (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, please read the title of the next bill.

An ordinance 11 granting permission to Massimo Criniti, owner of Criniti Restaurante Italiano, to construct, own and maintain an open-air sidewalk cafe located on the east sidewalk of South Broad Street north of Moyamensing Avenue, under certain terms and conditions.

My name is Robert Black. I'm a construction engineer with the Streets Department. I am here to offer the following testimony for Bill 22 No. 080497. This bill authorizes Massimo Criniti to construct, own and maintain an open-air sidewalk cafe located on 2611 60 6/5/08 - STREETS - BILL 080485, etc. South Broad Street north of Moyamensing Avenue. The sidewalk cafe consists of tables approximately 32 inches square, 6 with chairs encroaching a maximum of 7 seven feet onto the east footway of Broad 8 Street, leaving a minimum of 11 feet 9 clear for pedestrian traffic. 10 The Streets Department has 11 reviewed the plans and has no objection 12 to the passage of the bill. 13 COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, please read the title of the next bill.

Bill No. 080503, an ordinance authorizing the James Thomas 61 6/5/08 - STREETS - BILL 080485, etc. Development Company to construct, operate and maintain a building extension located at 4300 Boone Street at Roxborough Avenue, Philadelphia, all under certain terms and conditions.

My name is Robert Black and I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill 11 No. 080503. This bill authorizes James Thomas Development Company to construct, own and maintain a building extension at 4300 Boone Street at Roxborough Avenue. The extension, which is no 17 higher than 35 feet and approximately 20 feet in length, will adjoin the existing structure, which is approximately 17 feet along Boone Street. The extension and existing structure will encroach approximately six feet in width, leaving an unobstructed footway at variable widths on the southern side of the 4300 block of Boone Street. 62 6/5/08 - STREETS - BILL 080485, etc. The Streets Department has performed a site investigation for this project and verified as-built dimension. This bill is supported by the Department of Streets and is recommended to your Committee for favorable action. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.

Bill No. 080502, an ordinance to amend an ordinance 21 authorizing LaSalle University to construct, own and maintain an overhead pedestrian bridge crossing the 5600 block of East Wister Street connecting the Main Campus with Germantown Hospital, under 63 6/5/08 - STREETS - BILL 080485, etc. certain terms and conditions.

My name is Robert Black and I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill 7 No. 080502. This bill authorizes LaSalle University to construct, own and maintain an overhead pedestrian bridge crossing the 5600 block of East Wister Street connecting the Main Campus with Germantown Hospital. The structure stands the entire right-of-way of East Wister Street approximately 50 feet, with a minimum vertical clearance of 14 feet six inches above the roadway. The center of the structure is located approximately 330 feet north of the north curb line of West Clarkson Street. The structure is approximately 13 feet six inches wide. A bridge support abutment approximately 18 feet in length with a foundation approximately four feet deep will be 64 6/5/08 - STREETS - BILL 080485, etc. located on the west side of Wister Street to support the pedestrian bridge. The abutment will leave approximately eight feet of clear footway along East Wister Street. The Streets Department has reviewed the preliminary plans for this project. The bill is supported by the Department and is recommended to your Committee for your favorable action. COUNCILMAN DiCICCO: Thank you. Good afternoon.

Good afternoon, Chairman DiCicco and members of the Streets and Services Committee. I'm Sarah Chiu, a development planner with the Philadelphia City Planning Commission. I am here to testify on Bill 20 No. 080502, which Councilmember Miller introduced on May 15, 2008, to amend an ordinance authorizing LaSalle University to construct, own and maintain an overhead pedestrian bridge crossing the 5600 block of East Wister Street 65 6/5/08 - STREETS - BILL 080485, etc. connecting the Main Campus with Germantown Hospital, under certain terms and conditions. The Philadelphia City Planning Commission is asking that this Streets Bill 080502 to be held before its final passage until after it is reviewed by the Planning Commission at its meeting on June 17, 2008. This concludes my testimony. I appreciate the opportunity to appear before you today and would be pleased to answer any questions you may have. COUNCILMAN DiCICCO: Any questions for this witness? (No response.) COUNCILMAN DiCICCO: The question being asked by my colleague, is this on a technicality?

The timing, because our Planning Commission's meeting will be on the 17th, June 17th.

So we can technically put this out of 66 6/5/08 - STREETS - BILL 080485, etc. Committee?

Absolutely.

It will have first reading and then the letter will be submitted in time for her introduction?

Yes.

So this is just a technicality? Okay.

Yes. COUNCILMAN DiCICCO: So we'll vote it out and then -- we'll take care of it. Thank you. UNIDENTIFIED SPEAKER: Will it be done by the end of the session? COUNCILMAN DiCICCO: Yes.

We do final passage the 19th. So their approval will be in on time. COUNCILMAN DiCICCO: It will be in on the 17th. So we'll vote it out of Committee favorably to get first reading next week. The 19th is the day we recess. We'll get the letter of approval 67 6/5/08 - STREETS - BILL 080485, etc. on the 17th. It will be fine. Thank you. Any other questions for this witness? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, please read the title of the next bill.

Bill No. 080429, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 129 by striking from the City Plan and vacating the legally open portions of 23rd Street from Allegheny Avenue northwardly to its terminus at the southwesterly right-of-way line of the Norristown Branch of the Philadelphia, Germantown and Norristown Railroad, under certain terms and conditions.

Good afternoon, Mr. Chairman and members of the 68 6/5/08 - STREETS - BILL 080485, etc. Committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 080429. This is not an administrative ordinance, but an ordinance requested by Mr. Garnett C. Littlepage, President of the Allegheny Business Center, 2301 West Allegheny Avenue, Philadelphia, PA 19132. The purpose of this ordinance 13 is to strike and vacate 23rd Street from Allegheny Avenue northwardly to its terminus at the right-of-way line of the Norristown Branch of the Philadelphia, Germantown and Norristown Railroad to allow the adjoining businesses to utilize the area for additional parking and accessory purposes. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action. COUNCILMAN DiCICCO: Thank you. 69 6/5/08 - STREETS - BILL 080485, etc. Ms. Chiu.

Good afternoon, Chairman DiCicco and members of the Streets and Services Committee. I am Sarah Chiu, a city planner with the Development Planning Division of the Philadelphia City Planning Commission. I'm here to testify on Bill No. 080429, which Councilmember Tasco introduced for Councilmember Miller on May 1, 2008. This ordinance authorizes the striking from the City Plan and vacating the legally open portions of 23rd Street from Allegheny Avenue to the railroad right-of-way. This dead-end street is currently physically improved and used as a driveway by the adjacent property owner who would like to use this street for additional tenant parking. The Philadelphia City Planning Commission reviewed this action at its meeting on May 20, 2008 and recommended that Bill No. 080429 be approved. This concludes my testimony. I 70 6/5/08 - STREETS - BILL 080485, etc. appreciate the opportunity to appear before you today and would be pleased to answer any questions you may have. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else who wishes to testify on this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.

Bill No. 080430, an ordinance amending Section 2 of an ordinance, Bill No. 051234, approved February 16, 2006, entitled "An ordinance 19 authorizing and directing the revision of lines and grades on a portion of City Plan No. 266 by striking from the City Plan and vacating Jefferson Street and Heston, each from 52nd Street to Paxon Street; by striking from the City Plan and vacating Paxon Street from Jefferson 71 6/5/08 - STREETS - BILL 080485, etc. Street to Columbia Avenue; and by reserving and placing on the City Plan rights-of-way for gas main purposes, water main purposes and drainage purposes within the beds of the streets being stricken by this ordinance, if necessary, all under certain terms and conditions," by extending the period for compliance with the terms and conditions stated therein.

Good afternoon, Mr. Chairman and members of the Committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 080430. This is not an administrative ordinance, but an ordinance requested by Mr. Brian Conlon, Project Manager, Langan Engineer and Environmental Services, 30 South 17th Street, Suite 1500, Philadelphia, PA 19103, who represents Gold West Limited Partnership. 72 6/5/08 - STREETS - BILL 080485, etc. The purpose of this ordinance 3 is to extend the authority to strike and vacate these streets from the City Plan for the construction of a retail shopping center. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Good afternoon, Chairman DiCicco and members of the Streets and Services Committee. I'm Sarah Chiu, a city planner with the Development Planning Division of the Philadelphia City Planning Commission. I'm here to testify on Bill No. 080430, which Councilmember Jones introduced on May 1, 2008. This ordinance authorizes a time extension for previously approved Bill No. 051234, which will strike from the City Plan and vacate Jefferson Street and Heston Street, each from 52nd Street to Paxon Street and by striking from the 73 6/5/08 - STREETS - BILL 080485, etc. City Plan and vacating Paxon Street from Jefferson to Columbia Avenue. This Streets action is to allow for the development of the Park West Town Center, a 300,000 square feet shopping center. The Philadelphia City Planning Commission reviewed this action at its meeting on May 20, 2008 and recommended that Bill No. 080430 be approved. This concludes my testimony. I appreciate the opportunity to appear before you today and would be pleased to answer any questions you may have. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses? Councilman Green.

I just have a request, if it's possible. Where you are in agreement and in favor of a bill, if you could summarize your testimony rather than read it, perhaps as much as we are in favor of this bill for the reasons in our written testimony, which 74 6/5/08 - STREETS - BILL 080485, etc. does become part of the record, I'd sure appreciate it.

Thank you. COUNCILMAN DiCICCO: Mr. Denny, you have a grin on your face.

I like it short. COUNCILMAN DiCICCO: I was under the impression that it had to be read in, but I certainly yield to my colleague. If we can do it an easier way, that certainly makes my life, all of our lives, easier. So please proceed. Mr. Abernathy, please read the title of the next bill.

Bill No. 080431, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 308 by striking from the City Plan and vacating a portion of Clifton Street southward from Irving Street and by reserving, and placing on the City Plan a right-of-way for drainage and public utility purposes within the 75 6/5/08 - STREETS - BILL 080485, etc. lines of Clifton Street being stricken, all under certain terms and conditions.

Bill 080431 is supported by the Streets Department. COUNCILMAN DiCICCO: Rolling along. Next one, please.

The Philadelphia City Planning Commission reviewed this bill at its meeting on May 20, 2008 and recommended that this bill be approved with the condition that the party at interest agree to change the existing fence closing the section of Clifton Street with an estate type of fence, decorated fence. I have some pictures of the existing fence on the street now here. COUNCILMAN DiCICCO: Does anyone need to see those? Just submit it for the record, please. Thank you. Any questions for these witnesses? (No response.) 76 6/5/08 - STREETS - BILL 080485, etc. COUNCILMAN DiCICCO: Anyone else here who wishes to testify on the bill? (No response.) COUNCILMAN DiCICCO: Mr. Abernathy, the title of the next bill.

Bill No. 080432, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 350, in the area northeast of Susquehanna Road and northwest of Verree Road, by placing on the City Plan a right-of-way for gas main purposes and public utility purposes, and a right-of-way for gas main purposes, under certain terms and conditions.

Bill 080432 is supported by the Streets Department and is recommended to your Committee for favorable action.

The Philadelphia City Planning Commission has reviewed this action at May 20th of its meeting 77 6/5/08 - STREETS - BILL 080485, etc. and recommended that Bill No. 080432 be approved. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.

Bill No. 080434, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 271 by striking from the City Plan and vacating a portion of Leithgow Street south of Reno Street and by reserving and placing on the City Plan a right-of-way for public utility purposes within the lines of Leithgow Street being stricken, all under certain terms and conditions.

Bill No. 080434 78 6/5/08 - STREETS - BILL 080485, etc. is supported by the Streets Department and is recommended to your Committee for favorable action.

The City Planning Commission has reviewed this bill at its meeting on May 20th of 2008 and recommended this bill to be approved. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy.

Bill No. 080467, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 109 by striking from the City Plan and vacating the legally open portion of Melon Street from 35th Street westward to a dead end, under certain terms and conditions. 79 6/5/08 - STREETS - BILL 080485, etc.

Bill No. 080467 is supported by the Streets Department and is recommended to your Committee for favorable action.

The City Planning Commission is asking that the Streets Bill No. 080467 be held before its final passage until after it's reviewed by the Planning Commission at its meeting on June 17, 2008. COUNCILMAN DiCICCO: Any questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify on this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.

Bill No. 080487, an ordinance authorizing and directing the revision of lines and grades on a portion 80 6/5/08 - STREETS - BILL 080485, etc. of City Plan No. 269 by placing on the City Plan Health Sciences Drive from Civic Center Boulevard to Convention Avenue, placing on the City Plan East Service Drive and West Service Drive each from Civic Center Boulevard to Health Sciences Drive, placing on the City Plan a right-of-way for various purposes adjacent to Health Sciences Drive, placing on the City Plan a right-of-way for drainage purposes at the intersection of Civic Center Boulevard and Convention Avenue, and revising the curb lines and grades of Civic Center Boulevard, all under certain terms and conditions, including the dedication to the City, free and clear of all encumbrances, of the beds of Health Sciences Drive, East Service Drive and West Service Drive.

Bill No. 080487 is supported by the Streets Department and is recommended to your Committee for favorable action.

The City Planning 81 6/5/08 - STREETS - BILL 080485, etc. Commission has asked that that Streets Bill No. 080487 be held before its final passage until it is reviewed by the Planning Commission at its meeting on June 17, 2008. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify on this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.

Bill No. 080489, an ordinance authorizing the paving of Health Sciences Drive from Civic Center Boulevard to Convention Avenue, East Service Drive from Civic Center Boulevard to Health Sciences Drive, and West Service Drive from Civic Center Boulevard to Health Sciences Drive, under certain 82 6/5/08 - STREETS - BILL 080485, etc. terms and conditions.

Bill No. 080489 is supported by the Streets Department and is recommended to your Committee for favorable action.

The Planning Commission is asking that this Streets Bill No. 080489 be held before its final passage until after it's been reviewed by the Planning Commission at its meeting on June 17th. COUNCILMAN DiCICCO: Any questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify on this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.

Bill No. 080490, an ordinance authorizing the revision of 83 6/5/08 - STREETS - BILL 080485, etc. lines and grades on City Plan No. 44 by striking from the City Plan and vacating Race Street from 33rd Street to 34th Street and reserving and placing on the City Plan a right-of-way for drainage purposes, water main purposes and public utility purposes, all under certain terms and conditions.

The Streets Department would like to offer the following amendments to Bill No. 080490 and the Streets Department supports the bill, as amended.

The City Planning Commission is asking that this Streets Bill 080490 be held before its final passage until it is reviewed by the Planning Commission at its meeting on June 17th. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone 84 6/5/08 - STREETS - BILL 080485, etc. else here who wishes to testify on this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.

Bill No. 080426, an ordinance authorizing the paving of Delaware Avenue from Lewis Street to Orthodox Street, under certain terms and conditions.

The Streets Department supports Bill No. 080426 and recommends it to your Committee for favorable action. COUNCILMAN DiCICCO: Any question for this gentleman from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify on the bill? (No response.) COUNCILMAN DiCICCO: Seeing 85 6/5/08 - STREETS - BILL 080485, etc. none, Mr. Abernathy.

Bill No. 080436, an ordinance authorizing the paving of the relocated Harlan Street from 19th Street to 20th Street, all under certain terms and conditions.

The Streets Department supports Bill No. 080436 and recommends it to your Committee for favorable action. COUNCILMAN DiCICCO: Thank you. Any questions for Mr. Morelli from this Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify on the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill. Thank you, Mr. Morelli and Ms. Chiu.

Bill No. 080466, an 86 6/5/08 - STREETS - BILL 080485, etc. ordinance amending Chapter 11-600 of The Philadelphia Code, entitled "Construction Encroachments and Projects Over, On and Under Streets," by adding a new Section 6 that requires that certain conditions be placed on any permit that authorizes the temporary closing of a sidewalk or roadway lane; in particular, placing a time period on the validity of such permits, and prohibiting the parking, stopping or standing of vehicles on such closed sidewalks or roadway lanes with certain exceptions; all under certain terms and conditions. COUNCILMAN DiCICCO: Mr. Denny.

Good afternoon again. I'm Charles Denny and I'm here to testify on Bill 080466. The Streets Department supports this bill with the proposed amendments to the bill by Councilman Kenney. The amendments limit the closures to one year with renewals of one year, but does allow the Department to issue closure permits 87 6/5/08 - STREETS - BILL 080485, etc. for shorter time periods based on construction activity. The Department prefers to keep the roadways and sidewalks open as much as possible to reduce unnecessary closure. COUNCILMAN DiCICCO: Thank you, Mr. Denny. Any questions for Mr. Denny from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify on the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.

Bill No. 080488, an ordinance regulating the direction of movement of traffic on Civic Center Boulevard between Health Sciences Drive and Convention Avenue, and on Convention Avenue between Civic Center Boulevard and Health Sciences Drive, and on Health 88 6/5/08 - STREETS - BILL 080485, etc. Sciences Drive between Civic Center Boulevard and Convention Avenue.

I'm offering testimony on Bill 080488. The Streets Department has no objections to this bill. The consultant for the hospital has modeled the one-way pattern using traffic analysis software. This shows the effect of the change on the level of service to the area roadways. The model shows that there is an improvement in the level of service to the roadway system when the proposed buildings are completed and the additional traffic these buildings generated is added to the roadway system. COUNCILMAN DiCICCO: Thank you. Any questions for Mr. Denny from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify? (No response.) COUNCILMAN DiCICCO: Seeing 89 6/5/08 - STREETS - BILL 080485, etc. none, Mr. Abernathy, the title of the next bill.

Bill No. 080492, an ordinance establishing a no truck parking regulation on both sides of Knorr Street, between Frankford Avenue and Charles Street.

My testimony on Bill No. 080492, the Streets Department has no objections to this bill. Traffic Engineering will be able to post the block with "No Parking Anytime" signs under a Trial Ordinance within four weeks. COUNCILMAN DiCICCO: Thank you, Mr. Denny. Any questions for Mr. Denny from this Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify on this bill? (No response.) COUNCILMAN DiCICCO: Seeing 90 6/5/08 - STREETS - BILL 080485, etc. none, Mr. Abernathy, the title of the next bill, please.

Bill No. 080528, an ordinance amending Section 9-407 of The Philadelphia Code, entitled "Tour Passenger Carriers," by removing the east side of 6th Street between Market and Arch Streets as a tour passenger loading zone location and adding the west side of 5th Street between Chestnut and Market Streets as a tour passenger loading zone location, all under certain terms and conditions. COUNCILMAN DiCICCO: Thank you.

My testimony on Bill No. 080528, the Streets Department does not support this bill. All the area stakeholders, including Independence Park, Visitors Center, Constitution Center and all the buildings facing Independence Mall, were involved with establishing the current locations. We do not want to change this location without again consulting with these 91 6/5/08 - STREETS - BILL 080485, etc. stakeholders. The area which is being proposed for the tour vehicles; namely, the Duck Boats, already has users that would need to be accommodated. Finding new locations will be difficult. We do not see a problem with the current locations and we have not received complaints from the area stakeholders. COUNCILMAN DiCICCO: Mr. Denny, thank you for your testimony. Just for the record, were you involved in the discussions that ultimately led to this current site for the staging of the Duck Boats with my office and other interested parties?

No. That was Charlie Trainor. COUNCILMAN DiCICCO: It was the other Charlie. But your department was?

Yes. COUNCILMAN DiCICCO: For a couple years; is that accurate?

Yes. COUNCILMAN DiCICCO: Like two 92 6/5/08 - STREETS - BILL 080485, etc. years worth of discussions and --

It was quite a few years, I think, yes. COUNCILMAN DiCICCO: At least two years. Thank you. I know we have some witnesses. If you can approach the table. Is anyone going to be -- Mr. Bill Moore from Independence Visitors Center. So my colleagues will understand the purpose of why we're here today, I introduced this bill and it's primarily at the request of a couple of federal judges whose offices are in the federal courthouse at 6th and Market Street. It was brought to my attention about this time last year by one judge in particular, one federal judge in particular, that it was his opinion and his opinion and the opinion of individuals who are involved with Homeland Security that the staging of the Duck Boats -- Duck Boats are those amphibious vehicles you see around -- 93 6/5/08 - STREETS - BILL 080485, etc. posed a threat to the federal courthouse. In his opinion -- because I do not have any other documentation as of yet from anyone from Homeland Security -- it was his opinion that an individual could store enough explosives in a Duck Boat vehicle that would pretty much wipe out the federal courthouse building. So after a number of discussions over the last year or so, I introduced this bill 12 so that we can get some information on the record. As I mentioned to Mr. Denny, Brian Abernathy of my office and the Streets Department, along with a number of interested parties in the tourism industry, the Duck Boats, Philadelphia Carriage Company and others, along with the National Park Service, the Center City Special Services District I believe may have been involved, as well as the Old City Civic Association and the Old City Business Improvement District engaged in over a two-year discussion as 94 6/5/08 - STREETS - BILL 080485, etc. to where would be the most and best appropriate places to create staging areas for a lot of the tourism attractions that you see in and around the Independence Mall area. We had been as a city trying to determine places not only in which people could enjoy and have easy access to these attractions, but to place them in locations that would not impede vehicular and pedestrian traffic and make these conditions where these attractions would be staging as safe as we possibly could. For those of you who may remember, up until a couple years ago it was pretty much chaotic, especially on 5th Street between Market and Chestnut, with the competition between the various attractions that were competing obviously for business with tourists. And, again, not to be redundant, but it's important to understand that a two-year-plus process brought us to where the Duck Boats are currently being staged, and 95 6/5/08 - STREETS - BILL 080485, etc. they are on the east side of 6th Street between Market and Arch directly along the curb line parallel to the Independence Visitors Center. You will hear some testimony from Mr. Moore about the Visitors Center, and part of the agreements that were made when we ultimately made the decision as a city to provide that staging area was in order -- would help the Independence Visitors Center generate some revenues that were much needed by using its facility as one of the areas in which a person could purchase a ticket to get on these vehicles. And Mr. Moore will speak to that more in-depth. So, again, I have been under a lot of -- I won't use the word "pressure," but I have been -- I've had a number of discussions with a couple of the federal judges over there who had a concern about security. I've not yet -- and I don't know if anyone is here from the judicial branch to provide any 96 6/5/08 - STREETS - BILL 080485, etc. testimony as to what these Homeland Security recommendations are in relationship to the staging and/or relocating of these vehicles.

One final note, I actually went to one of the judge's chambers and I stood out in his office overlooking the Mall, looking from west to east across 6th Street, and we looked at as many areas as we can think that might be an appropriate alternative to the current site in close proximity to Independence Hall, the Liberty Bell and the Visitors Center, and all of those locations were pretty much ruled out either because of past experience and the things we had to deal with the past or because we knew there would be opposition. The Christ Church Cemetery on 5th Street at Arch, a few years ago we were looking to move our tour buses into that location as a staging area and we met with significant resistance from the folks at Mikveh Synagogue and the 97 6/5/08 - STREETS - BILL 080485, etc. cemetery folks, as well as many others. So we did -- there was a lot of work. I mean, it's obvious there was a lot of work done, and the current location was the area that everyone believed was the best location. It is now being proposed at the request of the federal judges that they be relocated and the alternative site for staging would be back to 5th Street between Market and Chestnut. And there will be folks from the National Jewish Museum here to testify as well. You might be familiar with that museum. That's currently under construction on the southeast corner of 5th and Market, and I believe that they're here to object to this current proposal. If you have any questions for me, I'll certainly entertain them. I think we might want to get some testimony from these witnesses. So thank you, but I just wanted to give you by way of 98 6/5/08 - STREETS - BILL 080485, etc. background why I introduced it, how long it's been in determining where we wanted to be and now because of Homeland Security issues, we're being asked to literally relocate these vehicles to another location. You decide who goes first. Please state your name for the record.

Good afternoon. My name is Angela Patterson. I'm the Vice-President of Special Projects at GPTMC, the Greater Philadelphia Tourism Marketing Corporation. Thank you for the opportunity to speak today. I am here today on behalf of our CEO, Meryl Levitz, to express our opposition to Bill No. 18 080528, which would move Ride the Ducks from 6th Street to 5th Street. Philadelphia has always been one of America's great cities. When people come here, they are not disappointed. As we say in our ads, they fall in love with Philadelphia and Philadelphia loves them back. 99 6/5/08 - STREETS - BILL 080485, etc. GPTMC just celebrated its 12th birthday, and over these last dozen years, we have actively promoted Philadelphia as a premier destination, and it is paying off. Tourism has become an increasingly important part of the City's economy. The number of leisure visitors has grown by 55 percent in the last ten years. Hotel occupancy and average daily rate have grown, too. Saturday night, once the weakest night of the week, has grown to be the strongest. We can, we must continue to build on this momentum. A city has to continually grow in order to thrive, and for the tourism industry, this means providing a wide diversity of attractions as options for our visitors. Independence Mall is the cornerstone of the Philadelphia tourism experience, and now the area offers a range of things to do all around the Mall. Ride the Ducks is a very popular tourist attraction that provides 100 6/5/08 - STREETS - BILL 080485, etc. a fun and family-friendly way of seeing our great city. The Ducks help facilitate getting these tourists that might have only come to see the Bell and the Hall to instead see the whole of the historic district and, thus, find other reasons to stay and spend with us. Moving the Ducks will increase their visibility and move them further from Independence Visitor Center -- I'm sorry; decrease their visibility and move them further from the Independence Visitor Center, which would have a negative impact on their ticket sales, thus a negative impact on tourist experience as a whole. GPTMC firmly believes that Ride the Ducks is just another reason for people to come here and experience our city, stay longer and come back. The Independence Mall area is now a completely realized destination. So for all of these reasons and more, please do not pass any legislation that would 101 6/5/08 - STREETS - BILL 080485, etc. disrupt the delicate balance. We have too much momentum built up. We should not risk it. Thank you for your time and consideration.

Good afternoon. My name is William Moore. I'm the President and CEO of the Independence Visitor Center, and thank you, Councilman DiCicco, for allowing me to testify this afternoon, as well as the Streets and Services Committee. I've been asked to provide testimony regarding Bill 080528, which calls for relocating tour operators -- COUNCILMAN DiCICCO: Do either of you have copies of your testimony?

Yes.

Yes. We provided them, yes, sir. COUNCILMAN DiCICCO: Okay. I'm sorry.

Do you have them up there? 102 6/5/08 - STREETS - BILL 080485, etc. COUNCILMAN DiCICCO: I got it. Thank you. I'm sorry.

Bill 080528, which calls for relocating the tour operators currently operating from 6th Street on the west side of the Independence Visitor Center to new locations. Before I get started, I'd like to provide the opportunity to participate today and say thank you for that. The Councilman, along with the rest of the City, has been great working with the Independence Visitor Center to achieve the balance that we have today. The Independence Visitor Center views relocation of some tour operators now on 6th Street as a move in the wrong direction. These operators were only recently relocated to 6th Street some three years ago as a way of mediating a number of issues surrounding the management of tour vehicles at Independence Mall. The area businesses, residents 103 6/5/08 - STREETS - BILL 080485, etc. and other stakeholders provided input to aid in the current system of tour vehicle management, all designed to alleviate sidewalk and street congestion, ensure pedestrian safety and, most importantly, maximize visitor satisfaction. When the Independence Visitor Center opened in 2001, we were the first renovation of the newly remodeled Independence Mall. As tourism in Philadelphia grew, the number of visitors rose and chaos reigned among tour operators. Due to the lack of carefully planned and well-executed tour management systems, tour operators blocked some businesses, created traffic issues and in some cases aggressively solicited visitors. Thanks to the support of the stakeholders, including the City of Philadelphia, the National Park Service, area Mall stakeholders and tour operators, we were able to establish a 104 6/5/08 - STREETS - BILL 080485, etc. plan to accommodate the needs of visitors, of residents and tour operators. After much debate, this relocation has proved to be a winner for everyone involved. Foot traffic in the Independence Visitor Center has increased significantly, while the problematic street traffic and sidewalk congestion has dropped considerably. Visitation to the Mall has increased significantly and problems of the past have diminished. At the same time, visitor satisfaction has spiked, as has the value of our tour operator industry, an industry with renewed and positive reputation in the City. The move has helped cultivate needed businesses for tour operators, which are an increasingly sought-after attraction. These tours and tour operators significantly contribute to what is now a thriving tourism industry in Philadelphia, a contribution which 105 6/5/08 - STREETS - BILL 080485, etc. greatly boosts the City's economy. This move is all about boosting the visitor experience, and by all measures, it has. Visitors now know that land tours are predominantly found on 5th Street and water tours are predominantly found on 6th. There is little confusion as to where operators operate, and visitors, businesses and stakeholders are no longer frustrated by long lines and congested sidewalks. At the Independence Visitor Center, we're driven by the visitor experience. My worry is that the convenience, safety and satisfaction of our visitors are at risk if the tour operators currently on 6th are relocated to 5th. The current location for all these operators works. It works for the visitors, it works for the City and it works for the operators. It's hard to see how relocating any tour operator would be beneficial. 106 6/5/08 - STREETS - BILL 080485, etc. I appreciate it. Thank you. COUNCILMAN DiCICCO: Thank you, Mr. Moore. Councilman Green.

Thank you, Mr. Chairman. In the process that put these Duck Boats there in the first place, can you tell me, did that involve consultations with the Judiciary or Homeland Security?

Councilman, most of the contacts that we made at the time were through the National Park Service. I believe they talked to GSA. I know that in some of the conversations like Councilman DiCicco has had with the judges, there's some debate as to whether or not they were actively involved and how much they were involved.

So for the record, the National Park Service approved this site where it currently is and they're responsible for security in 107 6/5/08 - STREETS - BILL 080485, etc. the area of Independence Hall?

Yes, sir.

Okay. Thank you. COUNCILMAN DiCICCO: Thank you. Any other questions for these witnesses? (No response.) COUNCILMAN DiCICCO: Thank you. Just stick around, if you can, for a few more minutes. I know it's been long. Just in case we have other questions. Mr. Nachman. (Witness approached witness table.)

Good afternoon, Chairman DiCicco. I want to thank you and all of the Councilmembers for allowing me to testify today. My name is Jay Nachman and I'm the Public Relations Director for the National Museum of American Jewish History. I am here today on behalf of the Museum to express our 108 6/5/08 - STREETS - BILL 080485, etc. opposition to Bill No. 080528, which would move Ride the Ducks from 6th Street to 5th Street. The Museum is located at 55 North 5th Street, across the street from the proposed location of Ride the Ducks. Fifth Street is already the embarkation/debarkation site for both the Big Bus and Philadelphia Trolley Works. There is also a SEPTA bus directly in front of our entrance that blocks access throughout the day. These vehicles and their passengers uploading and offloading make it extremely difficult to navigate the sidewalks and find our institutions. Adding the Ducks will make the situation nearly intolerable. As it is, the Museum is not entirely visible from the street. We need our visitors to have easy access to the pathway leading to the Museum. We understand the Ducks are an important tourist attraction and we enjoy seeing them in the City. Putting them on 5th 109 6/5/08 - STREETS - BILL 080485, etc. Street, however, will make them ugly ducklings. The National Museum of American Jewish History is proud to be in Philadelphia and on Independence Mall. As you know, we are in the midst of building a new $150 million Museum on the Mall. We plan to open in the fall of 2010 and expect to have 400,000 visitors a year. We also anticipate our new Museum will expand business revenues in the region by an estimated $92 million. Just as importantly, the Museum will welcome all people, inviting them to discover what they have in common with the Jewish experience in America while across from the Liberty Bell and a block away from the birthplace of American liberty, Independence Hall. The diverse mix of attractions on the Mall and their current configuration have combined to finally make the Mall work as it should. Please let's not try to change that mix now that 110 6/5/08 - STREETS - BILL 080485, etc. it is working. Thank you for your time and your consideration. COUNCILMAN DiCICCO: I don't have a question just yet. If you can hang in a few more minutes just a case.

Sure. And I did want to add, because you mentioned, we do share our location with Mikveh Israel. COUNCILMAN DiCICCO: I'm sorry?

We do share our location with Mikveh Israel. COUNCILMAN DiCICCO: Yes. I'm familiar with that. Thank you. Excuse me, Mr. Nachman. Councilman Green.

No. I actually don't have a question for you. I just wanted to, for the record, ask a question, put something on the record, at any rate. It seems to me that without Homeland Security or somebody else here to testify that they're against this and with the National Park Service at least 111 6/5/08 - STREETS - BILL 080485, etc. on our record in favor of it, who are in charge of security here, it doesn't make sense to me to move the Duck Boats, because they can just as easily drive by full of explosives as they can park next to the building full of explosives, and they do drive all over the streets of Philadelphia. They could do that to any building. Based on what I've heard so far, I see no reason to change this. I just wanted to get that on the record. Thank you. COUNCILMAN DiCICCO: Thank you, Councilman. We do have Mr. Kates, General Manager of Philadelphia Trolley Works and 76 Carriages, and Mr. Dutcher from Ride the Ducks. (Witnesses approached witness table.) COUNCILMAN DiCICCO: Good afternoon, gentlemen. Thank you for your patience. Who is starting? 112 6/5/08 - STREETS - BILL 080485, etc.

Good afternoon, Councilman. Thank you for my opportunity to present some opposition to Bill No. 5 080528. My name is Michael Kates and I'm the General Manager of the Philadelphia Trolley Works, Big Bus Company and 76 Carriage Company. And I think if you look over here and you just see the three of us sitting here, we have come a long way, and I think that's obvious. The industry now works together, and that's what's at jeopardy, but -- COUNCILMAN DiCICCO: And for that, I am very thankful, by the way.

I'll quickly read some testimony. The 76 Carriage Company and the Philadelphia Trolley Works has been conducting tours in the City for over 30 years. Last Thursday, we had an event at our facility that celebrated the opening of our newly renovated facility located on 11 acres in the Grays Ferry section of the City, a facility that we invested 113 6/5/08 - STREETS - BILL 080485, etc. several million dollars into to convert a dilapidated, graffiti-filled, abandoned building into a thriving workplace that employs about 200 Philadelphians and has become a part of a neighborhood revitalization. On any given day, you can walk through our parking lot and see dozens of locals fishing from our bulkhead or just relaxing on the park benches we installed along a beautiful landscaped section of the Schuylkill River. Last Thursday when Mayor Nutter spoke at our grand reopening, he said, This type of reinvestment in our city is exactly what we need. This city must stand behind entrepreneurs like the Philadelphia Trolley Works and ensure they're able to succeed so they will continue to invest in our communities. The success of our product is directly related to our ability to create an identity. For about 15 years, we existed in front of the Bourse Building 114 6/5/08 - STREETS - BILL 080485, etc. in the 100 block of South 5th Street. Two years ago I sat here and opposed legislation that would require us to move. The legislation passed and we were assured that any losses we would realize would be offset by the long-term stability that would be created by that new legislation. The reason we were relocated last year was due to security and traffic congestion. Our ridership is down over 13 percent from when we were at the Bourse 14 Building. We believe this move has hurt 15 us and continues to hurt us, but our 16 identity in the new location is improving 17 and we think we're heading in the right 18 direction. 19 This legislation proposes that 20 the Ducks be moved to a location that is directly across the street from where we were forced to vacate. The proposed location is closer to the security risk than we were. Additionally, the proposed location is currently occupied by horse 115 6/5/08 - STREETS - BILL 080485, etc. and carriages. There are 40 licenses for carriages in the City and approximately spaces for them to occupy. This 5 location is the largest of the three 6 approved locations to load carriages. 7 This is a failed plan that will 8 further delay our ability to recover. We 9 have finally achieved stability in the 10 historic district. We have made many 11 investments in our facility and our 12 equipment and by purchasing other 13 companies in the tourism business to 14 increase stability. There is a direct 15 relationship between the monies we 16 invested and our perceived stability on 17 the Mall. Any change at this point 18 jeopardizes that stability. 19 Thank you for your time. 20 COUNCILMAN DiCICCO: Thank you. UNIDENTIFIED SPEAKER: I'm in favor of Mike Kates' testimony opposing the bill. But I'll pass that on to Steve.

Good afternoon, 116 6/5/08 - STREETS - BILL 080485, etc. Councilman DiCicco and members of the Committee. My name is Steve Dutcher and I am the Regional Vice-President for Ride the Ducks. I appreciate the opportunity to testify in front of you today in opposition to Bill 080528. Ride the Ducks is happy with the current Mall plan, which has us loading and unloading passengers on the east side of 6th Street between Market and Arch Street adjacent to the Independence Visitor Center. It took several years for the City working with all Mall stakeholders to put this plan together, and from all indications, it has been highly successful for the tourism industry here in Philadelphia. Over the last three years, we have invested heavily in advertising and marketing our current location to the general public. Most of our customers come to the Independence Mall knowing where we are located and many are able to tell others where to find us as well. 117 6/5/08 - STREETS - BILL 080485, etc. We believe the current tour operator vehicle plan works, and to change it in the middle of the season would be disruptive to thousands of visitors coming to the Independence Mall. In addition, it would be particularly difficult for us to move in mid-season, as all of our marketing materials drive customers to the current location. We have continually supported the City and all Independence Mall stakeholders in decisions about our tour operator staging and will continue to support reasonable decisions moving forward. With that in mind, we oppose this bill and any efforts to move operators in mid-season. Thank you for the time, and I'll take any questions. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the Committee? Councilwoman Sanchez.

For the 118 6/5/08 - STREETS - BILL 080485, etc. record, have you seen a loss of business? You were recently relocated also. Did you experience a loss, or was it just the Philadelphia Trolley Works?

Well, we were relocated and we opposed the bill at the time. No, we have not seen a loss of business, but that's hard to measure in that we did buy out a couple of businesses and we too invested heavily into the tourism industry in Philadelphia, as well as Philadelphia Trolley Works.

Okay. I just wanted to add, I wanted to echo with Councilman Green. I mean, without Homeland Security or anyone to really come forward, I'm uncomfortable in moving this forward and causing this type of disruption at this time, especially at the beginning of the peak summer season.

If I may, one more comment, Councilman. Ride the Ducks is located -- it's a national company, 119 6/5/08 - STREETS - BILL 080485, etc. and we have an operation directly across from the FBI building in Washington, DC and this has not been an issue in any other city that we're operated in. So this is new news to us. COUNCILMAN DiCICCO: Councilman Jones.

Mr. Chairman, I think this is much to do about duckling.

Second. COUNCILMAN DiCICCO: Any other questions or comments from this Committee? (No response.) COUNCILMAN DiCICCO: Thank you all for your attention and your patience. Anyone else who wishes to testify on this? (No response.) COUNCILMAN DiCICCO: This concludes the public hearing on the Committee of Streets and Services. We will now go into the public meeting. 120 6/5/08 - STREETS - BILL 080485, etc. Bill No. 080524 is being withdrawn at the request of the sponsor, Councilwoman Blackwell.

I move that Bill 080524 be withdrawn. (Duly seconded.) COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 10 080524 be withdrawn at the request of the sponsor. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: Thank you. Councilwoman Sanchez.

I move that we accept Bill 080426, move it out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first hearing at our next public session. 121 6/5/08 - STREETS - BILL 080485, etc. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 080426 be reported out of this Committee with a favorable recommendation, 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 16 is approved. Councilwoman Sanchez.

I move that Bill 080428 be moved out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first hearing at our next public session. (Duly seconded.) COUNCILMAN DiCICCO: It has 122 6/5/08 - STREETS - BILL 080485, etc. been properly moved and seconded that Bill No. 080428 be reported out of this Committee with a favorable recommendation, 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 14 is approved. Councilwoman Sanchez.

I move that Bill 080429 be moved out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first reading at our next public session. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 080429 be reported out of this 123 6/5/08 - STREETS - BILL 080485, etc. Committee with a favorable recommendation, 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 12 is approved. Councilwoman Sanchez.

I move that Bill 080430 be moved out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first reading at our next public session. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 080430 be reported out of this Committee with a favorable recommendation, that the rules of Council 124 6/5/08 - STREETS - BILL 080485, etc. be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 10 is approved. Councilwoman Sanchez.

I move that Bill 080431 be moved out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first hearing at our next public session. (Duly seconded.) COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 21 080431 be reported out of this Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. 125 6/5/08 - STREETS - BILL 080485, etc. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 7 is approved. Councilwoman Sanchez.

I move that Bill 080432 be moved out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first reading at our next public session. (Duly seconded.) COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 18 080434 be reported out of this Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? 126 6/5/08 - STREETS - BILL 080485, etc. I got ahead of myself. I'm sorry. It's been properly moved and seconded that Bill No. 080432 be reported out of this Committee with a favorable recommendation, 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 15 is approved. Councilwoman Sanchez.

I move that Bill 080434 be moved out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first reading at our next public session. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that 127 6/5/08 - STREETS - BILL 080485, etc. Bill No. 080434 be reported out of this Committee with a favorable recommendation, 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 13 is approved. Councilwoman Sanchez.

I move that Bill 080436 be moved out of Committee with a favorable recommendation and the rules of Council be suspended to allow first reading at our next public session. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 080436 be reported out of this Committee with a favorable 128 6/5/08 - STREETS - BILL 080485, etc. recommendation, 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 11 is approved. Councilwoman Sanchez for an amendment on Bill No. 080466.

I move that we accept the amendment to Bill 16 080466. (Duly seconded.) COUNCILMAN DiCICCO: It's been properly moved and seconded that the amendment to Bill No. 080466 be approved. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? 129 6/5/08 - STREETS - BILL 080485, etc. (No response.) COUNCILMAN DiCICCO: Councilwoman Sanchez.

I move, therefore, that Bill 080466 be moved out of Committee with a favorable recommendation, as amended, and that the rules of Council be suspended to allow first reading at our next public session. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 080466, as amended, be reported out of this Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: Councilwoman Sanchez. 130 6/5/08 - STREETS - BILL 080485, etc.

I move that Bill 080467 be moved out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first reading at our next public session. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill 080467 be reported out of this Committee with a favorable recommendation, 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 22 is approved. Bill No. 080485 is being held. Councilwoman Sanchez.

I move 131 6/5/08 - STREETS - BILL 080485, etc. that Bill 080487 be moved out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first reading at our next public session. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 080487 be reported out of this Committee with a favorable recommendation, 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 21 is approved. Councilwoman Sanchez.

I move that Bill 080488 be moved out of Committee with a favorable recommendation 132 6/5/08 - STREETS - BILL 080485, etc. and that the rules of Council be suspended to allow first reading at our next session. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 080488 be reported out of this Committee with a favorable recommendation, 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 19 is approved. Councilwoman Sanchez.

I move that Bill 080489 be moved out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first reading at our 133 6/5/08 - STREETS - BILL 080485, etc. next public session. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 080489 be reported out of this Committee with a favorable recommendation, 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 17 is approved. Councilwoman Sanchez for an amendment to Bill No. 080490.

I move that we accept the amendment to Bill 22 080490. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that the 134 6/5/08 - STREETS - BILL 080485, etc. amendment to Bill No. 080490 be approved. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: Councilwoman Sanchez.

I move that Bill 080490 be moved, as amended, with a favorable recommendation and that the rules of Council be suspended to allow first reading at our next session. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 080490, as amended, be reported out of this Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) 135 6/5/08 - STREETS - BILL 080485, etc. COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: Councilwoman Sanchez.

I move that Bill 080492 be moved out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first reading at our next public session. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 080492 be reported out of this Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) 136 6/5/08 - STREETS - BILL 080485, etc. COUNCILMAN DiCICCO: The bill 3 is approved. Councilwoman Sanchez for an amendment to Bill No. 080493.

I move for the amendment of Bill 080493. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that the amendment to Bill No. 080493 be approved. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: Councilwoman Sanchez.

I move that Bill 080493, as amended, be moved out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first reading at our next public session. 137 6/5/08 - STREETS - BILL 080485, etc. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 080493, as amended, be reported out of this Committee with a favorable recommendation, 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 16 is approved. Councilwoman Sanchez.

I move that Bill 080494 be moved out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first reading at our next session. (Duly seconded.) COUNCILMAN DiCICCO: It has 138 6/5/08 - STREETS - BILL 080485, etc. been properly moved and seconded that Bill No. 080494 be reported out of this Committee with a favorable recommendation, 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 14 is approved. Councilwoman Sanchez.

I move that Bill 080497 be moved out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first reading at our next public session. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 080497 be reported out of this 139 6/5/08 - STREETS - BILL 080485, etc. Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: Councilwoman Sanchez.

I move that Bill 080502 be moved out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first reading at our next public session. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 080502 be reported out of this Committee with a favorable recommendation, that the rules of Council be suspended. 140 6/5/08 - STREETS - BILL 080485, etc. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: Councilwoman Sanchez.

I move that Bill 080503 be moved out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first reading at our next public session. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 080503 be reported out of this Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) 141 6/5/08 - STREETS - BILL 080485, etc. COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 6 is approved. Councilwoman Sanchez.

I move that Bill 080504 be moved out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first reading at our next public session. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 080504 be reported out of this Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? 142 6/5/08 - STREETS - BILL 080485, etc. (No response.) COUNCILMAN DiCICCO: The bill 4 is approved. Councilwoman Sanchez.

I move that Bill 080523 be moved out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first reading at our next public session. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 080523 be reported out of this Committee with a favorable recommendation, 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 143 6/5/08 - STREETS - BILL 080485, etc. is approved. Bill No. 080528 is being held to the call of the Chair. This concludes the public meeting on the Committee of Streets and Services. I want to thank the Committee for attending and all those in attendance. And thank you, Councilman Green, for that suggestion on making this a more easier, simpler and quicker hearing. Thank you. (Committee on Streets and Services adjourned at 3:00 p.m.) - - - 144 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on June 5, 2008, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)