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Minutes

Committee Hearing, May 26, 2004

Philadelphia City Council Committee HearingsMay 26, 2004

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING COMMITTEE ON STREETS AND SERVICES - - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, May 26, 2004 2:10 P.M. - - - - BILLS 040265, 040335, 040337, 040338, 040339, 040340, 040341, 040364, 040366, 040368, 040370, 040371, 040399, 040400, 040425, 040431, 040463, 040464, 040469, 040471, 040497, 040499, 040502, 040504, 040505, 040507, 040509, 040510, 040511, 040512, 040513, 040515, 040516, 040517, 040518, 040522, 040523. PRESENT: COUNCILMAN FRANK DICICCO, Chair COUNCILMAN DAVID COHEN COUNCILMAN JUAN RAMOS COUNCILMAN MICHAEL NUTTER COUNCILMAN RICHARD MARIANO COUNCILMAN FRANK RIZZO COUNCILWOMAN DONNA REED MILLER COUNCILMAN DARRELL CLARKE COUNCILWOMAN JANNIE BLACKWELL - - - - 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 I N D E X BILL 040366 FRANCIS HEALY, Police Dept........... RANDY HOFER, Impact Services......... MR. FENERTY, Parking Authority....... 20 TOM FORKIN, American Street Erie Avenue Business Association............. 27 VALERIE LEWIS, Hunting Park.......... 28 SHARON WHALEY........................ 29 BILL 040400 OTIS HAIGLER, JR., L&I............... 39 BOB PIERSON, Farm to City............ 40 CHRISTINA PERELLO.................... 44 MONA SUTNICK......................... 45 BRIDGET CROOK........................ 47 BILL 040364 OTIS HAIGLER, JR., L&I............... 55 BILL 040471 MR. FENERTY, Parking Authority....... 58 BILL 040370 OTIS HAIGLER, JR., L&I............... 75 BILL 040371 CHARLES DENNY, Streets Dept.......... 78 BILL 040646 CHARLES DENNY, Streets Dept.......... 80 BILL 040517 CHARLES DENNY, Streets Dept.......... 81 BILL 040340 PAUL MCCLOSKEY, Water Dept........... 90 BILL 040265 PAUL LONIE, Streets Dept............. 98 MARGARET O'SHEA CAPLAN, VA Medical Center........................... 99 3 I N D E X (cont.'d) BILL 040497 PAGE WILLIAM MAUTZ, Streets Dept.......... 102 ADAM LAVER, ESQ...................... 104 ANDREW MARSHALL, Campus Technolgies.. 105 BILL 040503 WILLIAM MAUTZ, Streets Dept.......... 110 TOM FORKIN, Mayfair CDC.............. 112 BILL 040509 PAUL LONIE, Streets Dept............. 113 BILL 040341 PAUL MCCLOSKEY, Water Dept........... 115 BILL 040469 PAUL MCCLOSKEY, Water Dept........... 116 BILL 040335 WILLIAM MAUTZ, Streets Dept.......... 119 BILL 040339 WILLIAM MAUTZ, Streets Dept.......... 121 BILL 040368 WILLIAM MAUTZ, Streets Dept.......... 122 BILL 040399 WILLIAM MAUTZ, Streets Dept.......... 124 BILL 040425 WILLIAM MAUTZ, Streets Dept.......... 125 BILL 040431 WILLIAM MAUTZ, Streets Dept.......... 126 BILL 040502 WILLIAM MAUTZ, Streets Dept.......... 128 BILL 040504 WILLIAM MAUTZ, Streets Dept.......... 129 4 I N D E X (cont'd) BILL 040513 WILLIAM MAUTZ, Streets Dept.......... 131 BILL 040515 WILLIAM MAUTZ, Streets Dept.......... 132 BILL 040516 WILLIAM MAUTZ, Streets Dept.......... 133 BILL 040518 WILLIAM MAUTZ, Streets Dept.......... 135 BILL 040523 PAUL LONIE, Streets Dept............. 136 BILL 040337 PAUL LONIE, Streets Dept............. 139 MARTIN SOFFER, City Planning......... 139 BILL 040338 PAUL LONIE, Streets Dept............. 141 MARTIN SOFFER, City Planning......... 141 BILL 040463 PAUL LONIE, Streets Dept............. 143 MARTIN SOFFER, City Planning......... 144 BILL 040499 PAUL LONIE, Streets Dept............. 145 MARTIN SOFFER, City Planning......... 145 BILL 040505 PAUL LONIE, Streets Dept............. 147 MARTIN SOFFER, City Planning......... 148 BILL 040510 PAUL LONIE, Streets Dept............. 151 MARTIN SOFFER, City Planning......... 151 BILL 040512 PAUL LONIE, Streets Dept............. 153 MARTIN SOFFER, City Planning......... 153 BILL 040522 PAUL LONIE, Streets Dept............. 155 MARTIN SOFFER, City Planning......... 156 5 05/26/04 - STREETS - BILL 040366

Councilman Dicicco

Good afternoon, everyone. The Committee on Streets and Services is now in session. Committee Members who are present, we have a quorum, to my left is Councilman Cohen; Vice Chair of the Committee, Councilman Ramos; Councilman Michael Nutter; myself, the Chair of the Committee, Frank DiCicco. The Clerk will read the title of the first bill.

The Clerk

Bill No. 0403666, an ordinance amending Section 10-608 of the Philadelphia Code, which provides for the impoundment of vehicles used in the solicitation of prostitution and related offenses, by also providing for the impoundment of a trailer or other load being towed by a vehicle used in the commission of such offenses, and by adding various enforcement and administrative provisions, including having the Philadelphia Parking Authority act as the towing and storage agent for impounded vehicles and loads; all under certain terms and conditions. 6 05/26/04 - STREETS - BILL 040366

Councilman Dicicco

Thank you. Any of the witnesses who will be testifying, please come to the witness table at this time. The Parking Authority and Police Department will be the first two witnesses. Let the record note that Councilman Mariano who is the sponsor of the bill is present. Although he is not a member of this Committee, he is here today as well. Gentlemen, decide among yourselves who will proceed with the testimony first. And then please identify yourself for the record and proceed.

Mr. Healy

Good morning, Councilman Mariano and Members of the City Council's Committee on Streets and Services. My name is Francis Healy, Special Advisor to Police Commissioner Johnson, and I am here today as his personal representative. First, thank you for allowing me to speak on such an important topic that clearly undermines the quality of life in far too many neighborhoods throughout our City. 7 05/26/04 - STREETS - BILL 040366 Prostitution and the resulting urban decay and stress it creates among our neighbors have always been a major concern of Commissioner Johnson as well as the Philadelphia Police Department. As everyone knows, the Police Department is charged with the task of enforcing the laws in this area. However, as we found throughout the years, enforcement alone is never the answer. Enforcement has not improved the quality of life in those neighborhoods so affected by prostitution to date. Again and again we have returned to the same location only to make the same number of arrests. Criminal enforcement without help is not the answer. The answer, we believe as the Police Department, lies in increasing the risks. For to truly impact on the flow of persons who patronize prostitutes, the risk of engaging in this type of behavior must outweigh any perceived benefits. Regrettably, to too many in this City, the criminal sanctions are just not enough of a deterrent. This is why the Philadelphia Police 8 05/26/04 - STREETS - BILL 040366 Department fully supports the intent of the amendments to Section 10-608 of the City Code. We believe that expanding the impoundment provisions will have a synergetic effect upon the criminal enforcement thereby escalating the risk both legal and financial of engaging in solicitation. Therefore, this amendment should help begin to tip the scales in our favor. While the Police Department cannot comment directly on the amendments regarding Philadelphia Parking Authority, we believe that this amendment is yet another step in a concerted effort to eradicate prostitution in Philadelphia and we applaud and appreciate the efforts of City Council in this regard. This concludes the testimony of the Police Department, and I welcome any questions at this time.

Councilman Dicicco

Thank you. At this time, I'd like for the other gentleman next to you to give his testimony. Do you have testimony, sir?

Mr. Hofer

Yes. 9 05/26/04 - STREETS - BILL 040366

Councilman Dicicco

And then we'll open it up for questions. Please identify yourself for the record and proceed with your testimony.

Mr. Hofer

My name is Randy Hofer from Impact Service and I also represent the Kensington and Allegheny Business Association, so I'm here on behalf of the President of the Association to basically support every effort that Councilman Mariano is going with this ordinance. We spoke on the first ordinance 13 with the situation involving the Philadelphia cable television posting, video, and the names and we support this also. Anything that can be done to help the area of Kensington/Allegheny from businesses with the effect of prostitution it involves the activity of the perspective customers up and down the Avenue at all ours. We also support the quality of life in the area to how to revitalization right now. Also looking at the housing area and the surrounding the blocks of Kensington Avenue. So the Business Association Had a meeting on this also and the 10 05/26/04 - STREETS - BILL 040366 members there also stress strong support for anything that can help clear up, clean up, and continue moving forward with any progress involving the prostitution and the situation involving the drugs related to that and also impounding of the vehicles as this ordinance 8 is being read today. Thank you.

Councilman Dicicco

Thank you. Let the record also reflect that Councilman Rizzo who is a member of the Committee is now present Is someone from the Parking Authority scheduled to be here?

Councilman Mariano

Yes, Councilman. Ed said he's walking in the door. I don't know which door.

Councilman Dicicco

Any questions of these witnesses at this time? Councilman Cohen.

Councilman Cohen

It's been some time since this bill has been talked about. I was wondering whether there's been any impact of any kind felt in the area you were discussing, Kensington and Allegheny. Is 11 05/26/04 - STREETS - BILL 040366 there any change, better or for worse?

Councilman Mariano

Councilman, if I can answer you and then he can. I still live in the neighborhood. We had hearings a couple weeks ago when the other bill about putting the pictures on television. Since then and as the weather gets warmer and it stays warmer, we could ride up there right now and I could probably pick you a handful of prostitutes our for you. The nicer the weather is, it never stops. It might slow down when it rains or snows, but right now -- they were out there this morning when I came to work. They were out there the other night when I came home late and last night when I came home at 7 o'clock. It seems it's never stopping. They can respond to that, but it's there. It's client driven. If we get rid of the demand like we're trying to do, possible the supply dries up.

Mr. Hofer

One of the positive points right now is that the whole area involving businesses and the residents are totally ready to take this challenge on and 12 05/26/04 - STREETS - BILL 040366 it's a major topic at all of our business meetings. And I believe this is really going to help because it's going to be like a no 5 tolerance zone is going to be created on the Avenue. We have a festival coming up June 12th, and it's going to be cleaned up. The area is getting repaved right now all along Kensington Avenue. I just think it's a great time for all of this to be working together and the businesses and residents are united to take this position.

Councilman Cohen

Thank you.

Councilman Dicicco

I'd like to note for the record in case of any my constituents are listening to this testimony that it's certainly not the intent of this legislation or the sponsors that it would be just directed to one particular neighborhood in the City. This is a City-wide effort. We've had problems in South Philadelphia, especially along South Broad Street for a long time. It kind of went away for a while, not completely but was minimized. And Councilman Kenney, you probably read years ago, he used 13 05/26/04 - STREETS - BILL 040366 to literally do the prostitution patrol. He literally would drive up and down Broad Street at night and flash the light on them and the prostitutes would try to get him off there. What I've noticed in the last month or so since there's a concentrated effort or an increased effort in the Kensington Avenue area is that in South Philadelphia along Broad Street the numbers are prostitutes is going up. So we know the history of this. It's just like the drug dealers. You move them off one corner, they'll move to another. It all follows each other around. So unless we do this as a no tolerance City-wide I think we are just spinning our wheels. We have been for a long time. So I just wanted that for the record in case have any of my constituents are listening. In fact, I have a meeting tomorrow night that deals with this very problem in South Philadelphia. Let the record also note that Councilwoman Donna Reed Miller is here. She is also a member of this Committee. Councilman Rizzo. 14 05/26/04 - STREETS - BILL 040366

Councilman Rizzo

I guess I'll ask my question to the Police Department. Sergeant, how you doing?

Mr. Healy

Good, sir.

Councilman Rizzo

Counselor -- so everybody knows, you're a lawyer too, right, Sarge?

Mr. Healy

That's correct, sir

Councilman Mariano

But he was a cop first.

Councilman Rizzo

Police officer first and then an attorney. Congratulations. That's a great accomplishment.

Mr. Healy

Thank you, sir.

Councilman Rizzo

What in the process of confiscating a vehicle for soliciting a prostitute, the vehicle then is -- explain the process. Would an immediate search of the vehicle -- what if they found a weapon or drugs in the vehicle that they confiscated? What will happen?

Mr. Healy

As one of the exceptions to the warrant requirement, any vehicle that's impounded is routinely inventoried just to 15 05/26/04 - STREETS - BILL 040366 make sure that we can safeguard anything that would be valuable in the car. In that process, should any contraband or illegal substances be found, they would be confiscated by the police and the individuals arrested for possession of whatever it is, illegal guns, drugs, or whatever the case may be.

Councilman Rizzo

Does that happen on the scene or does it happen after the vehicle towed away?

Mr. Healy

It would most likely happen after the vehicle is towed away because there may be -- it all depends. If the vehicle is inventory on scene with the individual there, an arrest could be immediate. If the individual's already being processed for the prostitution elsewhere and the vehicle is inventoried at a different a location, a warrant would probably be the safest bet.

Councilman Rizzo

Being realistic, that scenario sounds like it has a flaw in it. It sounds like the chain the custody that you guys always talk about, the minute that that 16 05/26/04 - STREETS - BILL 040366 car leaves the scene and it's taken to an impounding lot and a weapon or drugs would be found, don't you think it would be very difficult to prosecute someone at that point?

Mr. Healy

We do it regularly. A lot of the cars that are brought to the impound lot on other issues, owners are prosecuted for possession of whatever contraband's in the car. The most important think for us as a law enforcement agency is to prove the chain of custody. The cars are transported, they're in our custody from Point A to Point B. It's not as if we put them into an independent salvers type of situation where there could be some doubt as to who possessed the vehicle.

Councilman Rizzo

Would it be difficult, Sergeant, to have a process where that would happen at the scene before the vehicle leaves the location of the arrest?

Mr. Healy

Nothing is impossible. But it may be extremely difficult. A lot of these things are done as sting operations in certain locations. So what you have may have 17 05/26/04 - STREETS - BILL 040366 is you may have four or five people being arrested at one time. And for us to hold up the processing of the prisoners until we can get enough either tow trucks to move the cars or whatever the case may be, maybe actually not in the best police officer safety issue. We want to get people off the street once they're arrested, get them off the street immediately.

Councilman Rizzo

I'm not suggesting that be delayed. I'm talking about you stop the vehicle, a person is arrested for solicitation, and before the vehicle is towed away or driven away, whatever, don't you think it would make your case tighter --

Mr. Healy

Sure. Without a doubt it does. The problem is when we have these stings, we don't want to do that right then and there because that kind of interferes the sting.

Councilman Rizzo

You know where I'm heading.

Mr. Healy

If we could afford te manpower to have other police officers present 18 05/26/04 - STREETS - BILL 040366 to do the inventory search right then and there, yes. But the cars will ultimately be inventoried again when they get to the impound lot just for safety sake, in case there are valuables in the car that could end up missing eventually. So a lot of times the contraband isn't in open places. A lot of times guns ans stuff are under the seat. And on the scene, the officers probably wouldn't -- they may, but they may not have the full time to do a full detailed search looking in the car because the inventory search is really not a search for weapons or contraband. The purpose of that search is just for valuables that could be easily removed from the car. So we're not going to take the car apart and do that type of stuff. If things are in plain view pretty much in the seats and all that stuff and if the trunk is secure, there's no 21 reason to go into the trunk, per se.

Councilman Rizzo

And these vehicles will be handled only by the Police Department and taken to a secure Police Department facility? 19 05/26/04 - STREETS - BILL 040366

Mr. Healy

I believe that's how they're now done now. Under the proposal, I believe the Parking Authority is going to be -- that would undermine --

Councilman Rizzo

That gives my concerns some --

Mr. Healy

That would be a problem to prosecute anything found by -- if the Parking Authority impound something, does an inventory search.

Councilman Rizzo

Then I really encourage that the process be that the vehicle is inspected before it's turned over to the Parking Authority, because the last thing you want is a gun going to the impound lot or a couple bags of cocaine.

Mr. Healy

I'll try to work out with vice --

Councilman Rizzo

I would appreciate if you could, if it's okay with the sponsor of the legislation.

Mr. Healy

I'll work out with vice to see exactly how the process they use to make sure the impound is done as soon as 20 05/26/04 - STREETS - BILL 040366 possible before any vehicle leaves our custody.

Councilman Rizzo

Thank you, Sergeant.

Councilman Dicicco

Thank you. Any other questions for these witnesses from the Committee? (No response.)

Councilman Dicicco

Gentlemen, it might be easier if you just take a seat on this side of the rail in case you need to come back up. I understand the Parking Authority is next to testify. You were late because you were out quarters, is that correct?

Mr. Fenerty

I was what?

Councilman Dicicco

You were looking for quarters for the meter.

Mr. Fenerty

I use a smart card.

Councilman Dicicco

Just to get off of this bill for a moment, Councilwoman Miller, all the meters in the City are now set up to accept the smart card, is that correct? 21 05/26/04 - STREETS - BILL 040366

Mr. Fenerty

14,500, yes, they all have smart cards.

Councilwoman Miller

Someone had told me they weren't -- I guess when you started installing whatever it is you did to the meters, you did it in Center City and worked out?

Mr. Fenerty

We started in Center City, primarily in Center City, and then went to the outlying areas. They've all been done since November.

Councilwoman Miller

Oh, I didn't know that.

Mr. Fenerty

And what it is, the old meters are gone. They look the same. Inside the meters, Councilwoman, they're all electronic. There are no more springs. You actually cab see how much time us on it and how much time has elapsed since the meter's last been paid.

Councilwoman Miller

How much is a card?

Mr. Fenerty

Twenty. A $20 smart card, and what it is 25 cent intervals, when 22 05/26/04 - STREETS - BILL 040366 you put the card in it clicks it off to a maximum that that meter would except or to what you want to put in. If you only want an hour, you would click a dollar off.

Councilwoman Miller

Thank you.

Councilman Dicicco

Thank you. Mr. Fenerty, do you have prepared testimony?

Mr. Fenerty

No, Councilman.

Councilman Dicicco

Do you have questions?

Councilman Mariano

I just want to know how they're going to handle the cars. I think Councilman Rizzo --

Councilman Dicicco

Well, Councilman Rizzo, why don't you follow-up on your question to Fran.

Councilman Rizzo

My concern, Mr. Fenerty was that -- and I learned late in the conversation that presently the police Department, when they tow a vehicle, do a vehicle search by officers. And I was concerned that when we arrest a person soliciting a prostitute that in that vehicle 23 05/26/04 - STREETS - BILL 040366 there could be drugs, there could be guns and any other contraband. And I think the sergeant realizes where I was heading with this. That search should be conducted by police prior to that vehicle being taken away by the Parking Authority, because the last thing you want is a live gun.

Mr. Fenerty

The program would be done the same way as Live Stop Program. Currently, when a vehicle is taken for Live Stop, the police officer on the scene does an inventory of what's in the vehicle. The Parking Authority tow driver then does the same inventory. They concur each other before the vehicle is taken. There is a search of each vehicle done for contraband, for firearms, for any type of weapons that may be in there on the scene of the Live Stop. The same thing would be done for a towing of a john's car.

Councilman Rizzo

That's great.

Councilman Dicicco

Thank you. Councilwoman Miller.

Councilwoman Miller

Good afternoon 24 05/26/04 - STREETS - BILL 040366 again. So these vehicles, if the owners don't come and get these within 30 days, do these also end up on the auction lot?

Mr. Fenerty

Yes, they would. It would be exactly the same procedure. When I had initially spoke to Councilman Mariano about this, there would be no additional cost to the Parking Authority, no additional employees to do this. It would just be additional tow duties by the current drivers that are there. At any time during the day, we have drivers who are not on assignment which may be waiting for assignment for a Live Stop. There's always a little bit of down time. For the amount of tows that would come from this program, there would be no direct cost at all of any type.

Councilwoman Miller

So the only additional cost would be the $300 fine?

Mr. Fenerty

What would happen, when the vehicle is impounded, there's a $300 citation would be given to the owner which would have to be paid prior to the vehicle being released. Also, the towing cost which 25 05/26/04 - STREETS - BILL 040366 is currently $100 as outlined under Section 3 12-2400 of the Code, plus the storage fees would incur, the same with any tow, the same guideline.

Councilwoman Miller

If the person, if the john is not the owner of the vehicle, what happens?

Mr. Fenerty

If the john is not the owner of the vehicle, the owner of the vehicle can claim the vehicle, but it would be according to how we want to follow the ordinance, how the ordinance would be proscribed. The $300 ticket would have to be paid. We look at it as the $300 would have to be paid. That $300, if we collect of them 17 or or 200 in a month would be a separate 18 fund and it would be turned over to the City 19 separately than the other money. That's a 20 direct turnover to the City. I believe the 21 ordinance says goes to the fund to fight this 22 type of crime. 23

Councilwoman Miller

Thank you. 24

Councilman Dicicco

And those tow 25 truck drivers are available 24 hours a day? 26 1 05/26/04 - STREETS - BILL 040366

Mr. Fenerty

Yes, 24 hours a day, 365 days a year. They work Christmas, everything.

Councilman Dicicco

Any other questions for these witnesses from the Committee? (No response.)

Councilman Dicicco

Let the record note that Councilman Clarke is also a member of this Committee and he is now present. Thank you, Mr. Fenerty.

Mr. Fenerty

Councilman, I have one thing to add. We would follow the same guidelines as Live Stop. There would be a response. A tow truck is there in minutes 17 or less. It will be no problem. 18

Councilman Dicicco

Thank you. 19 Are you going to be testifying? 20

Mr. Fenerty

This is Carl Zigler, he's the Director of Enforcement at the Parking Authority. He would be in charge of the program.

Councilman Dicicco

Any questions for these witnesses from the Committee? 27 05/26/04 - STREETS - BILL 040366 Councilman Mariano?

Councilman Mariano

No. 4

Councilman Dicicco

Thank you. If you're here to testify on this bill, would you please see that young gentleman who is coming across floor now. Give him your name so we can call you up in the order in which you're on. Good afternoon. Please identify yourself for the record and proceed with your testimony.

Mr. Forkin

Good afternoon, Mr. Chairman. My name is Tom Forkin. I'm the current President of the American Street Erie Avenue Business Association. I actually don't have any prepared testimony. I was here for another bill. But our Association is taking an active interest in Councilman Mariano's bill. Our members are impacted by the prostitution at Kensington and Allegheny, on Kensington Avenue, and they've asked us to testify today in support of Councilman Mariano's bill as a pilot project which hopefully could spread out to other 28 05/26/04 - STREETS - BILL 040366 areas of the City. We believe it will improve the quality of life, we would lower crime and help our business owners remain active in the adjacent American Street corridor. Thank you, Madam Chair.

Councilman Dicicco

Any questions for Mr. Forkin? (No response.)

Councilman Dicicco

Valerie Lewis and Sharon Whaley, please approach the witness table. Good afternoon, ladies. Please identify yourself for the record and proceed with your testimony.

Ms. Lewis

Hi. My name is Valerie Lewis, and I represent the Hunting Park section of Philadelphia. We wholeheartedly support the bill, the community, everyone. We have also experienced an increase since this thing has started with the pictures and everything. Our area has also -- we've been seeing an increase in the prostitution and the transvestites since this whole thing has gone about. And we feel anything that can be done, 29 05/26/04 - STREETS - BILL 040366 we would like to support it if it helps. And I agree with you also that it needs to be City-wide because if it doesn't, it's just going to go from one area, it's going to go back and forth to whatever area is not taken care of.

Councilman Dicicco

Thank you.

Ms. Whaley

My name is Sharon Whaley, I live in the 1300 block of Colwyn Street. My mother's home is in the 4000 block of Old York Road. I was just recently at a community meeting, and I was telling the 25th District of the problems that we consistently have since the weather changed. Since the police are out in full force, we have a squeeze factor going on where the prostitutes are leaving one area and coming into another. We have just problems. Our quality of life is just diminishing. We have working class people that are fighting just to keep their homes as nice as possible. It feels like a losing battle. Now, taking the cars from the johns 30 05/26/04 - STREETS - BILL 040366 would be a really good idea, but I'm not sure that's that all we can do. We still need more help. We're just not getting enough help. At this point, the police are out but they're not seeing everything that's going on. On Saturday night, we had a traffic jam for the prostitutes holding up the traffic on Old York Road. This is unacceptable. People get up and go to church on Sunday morning. But we're not having this because we're not getting all that we need done in our area. And I'm sure it's not just us, I'm sure it's all over the City. So we're feeling like we're losing.

Councilman Dicicco

I agree and I understand your plight. I live in South Philadelphia. I represent an area from Oregon Avenue along the river all the way up to just below the Oxford Circle, so I have a very diverse community. Prostitution, some people refer to as the oldest enterprise known to mankind, knows no boundaries. It will appear in the poorest neighborhoods, in the wealthiest 31 05/26/04 - STREETS - BILL 040366 neighborhoods, and everywhere else in between. I agree that I think that even our best efforts with this bill, we're still going to have some problems. It's not going to go away overnight, again, because this has been going on a couple thousand years. I think -- and I'm probably going to get myself in a little bit of trouble, but at some point in time as legislators, whether it be at the City, the local level or the state level, we really need to think about a way in which we can, for lack of a better word, legalize this and create areas where this kind of activity, which is going to go on whether we like it or not, is at least controlled to some degree. That's not a very popular statement I made, but I think we need at some point to have the personal fortitude to figure something out and look at this and deal with the religious organizations and those who will certainly oppose it because it's a losing battle. I'm hopeful that we get some relief, and I think we will out of this, but I believe 32 05/26/04 - STREETS - BILL 040366 it will just keep moving. I don't mean to discredit this bill because I'm supporting ing, but we need to go beyond this. So at some point we have to bite the bullet and figure out what we can do and look to other countries and how they do in other municipalities. It will never go away completely under those circumstances, but it certainly, I think, will reduce it. Councilman Ramos.

Councilman Ramos

Ma'am, you said that this activity was holding up traffic at Old York Road and what street?

Ms. Whaley

It was at Old York Road between and -- between Pike and Luzerne. It's a bridge there and it's dark in that area.

Councilman Ramos

Very familiar with that. I've gotten a number of complaints and I've called them into the police. And while you're here, I'm going to call up to my office and make sure that we reach the police captain at the 35th and let him know that you're here testifying.

Ms. Whaley

And the 25th also. 33 05/26/04 - STREETS - BILL 040366

Councilman Ramos

So he can take a look at this intersection. I know that they've been working very hard to eliminate this. This is a very big problem. I will definitely call up there and make sure that the police captain knows that you're here and that we want something done about it.

Ms. Whaley

And we really appreciate it. We really work -- the community works very hard with the 25th. Whatever information or whatever we can do, they are there to help us, but it's only so many of them and it's a large area and it's very hard to control that kind of activity at o'clock in the morning, at o'clock in the morning. Because this is when we hear it, 2, 3 o'clock in the morning.

Councilman Ramos

I think than I can speak on behalf of all of Members of this City Council that we need for you to continue to fight this fight and that you're not alone. Sometimes you feel that you're alone, but don't be disheartened. We're with you and we need more people in the community to speak up 34 05/26/04 - STREETS - BILL 040366 like you are and do something about this problem. Thank you for coming out.

Councilman Dicicco

And just to follow up, South Broad Street I use as an example. My oldest son is a dentist and he has his own practice. He has an office on Broad and Miflin. I'm not promoting him, by the way. He's a great dentist in case you're interested, very good. But there is a young lady who would use his step during the day as his patients were going in. And I'd personally go out there and chase her away and sometimes it works and then she comes back. So, again, as Councilman Ramos said, on behalf of all of us, none of us are away from this. We all experience it in some way, shape or form. Thank you for coming in and testifying today. Any other questions or comments for these witnesses? Councilwoman Miller.

Councilwoman Miller

Hi. It's good to see you again. I know you were here the 35 05/26/04 - STREETS - BILL 040366 other week for the other half of this bill. And as I indicated then, I used to represent a small portion of this area and certainly that portion of Old York Road that you're referring to. I know that the Philadelphia Police Vice Squad has been there very, very heavy. And when we had meetings in the past, they said pretty much like more than 65 percent of the arrests they made City-wide were made in that area and, of course, up the street at the Hunting Park. So I do know that the Philadelphia Police is knowledgeable about that. Old York Road has historically had a problem with not just the prosecution but also with dumping and all kinds of activity. As Councilman Ramos said, it does take citizens like you to come in and keep us on the alert, the police department on the alert because everybody is really trying to do everything they can to prevent it. And I kind of agree with Councilman DiCicco about legalization. I know it's an issue, but we can control it better.

Ms. Lewis

I understand. It took 36 05/26/04 - STREETS - BILL 040366 me back when he first said it, but it's something that is not going away. And, I mean, you really have to start looking at -- I don't know if is the absolute answer, but we might need to -- it's something we might need to look into.

Councilman Dicicco

I don't think there's any absolute in this matter. A trip to Italy a couple years ago in the mountains, in these back roads, there's prostitutes standing on these little roads out in the middle of nowhere. It's there. But in ancient times in Pompeii they actually had street designated 2000 years ago, and I was wondering if they didn't have the same problems, or maybe they didn't have the problems because they did have a designated area. So maybe we've got to go back in time and look at history and see how our ancestors dealt with these problems.

Ms. Lewis

It's certainly something to think about.

Councilwoman Miller

The other half of that too that we can't leave out are the 37 05/26/04 - STREETS - BILL 040400 social problems that create prostitution. We have to do more around drug prevention, drug education, et cetera.

Councilman Dicicco

Most of what you have out there is drug related. Councilman Rizzo.

Councilman Rizzo

Thank you. Just quickly. Thanks. You put a lot of time and effort into this and your community will be better place for your efforts. Thanks.

Ms. Lewis

Thank you very much.

Councilman Dicicco

Thank you. Any other witnesses to testify on this bill? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next bill.

The Clerk

Bill No. 040400, an ordinance amending Section 9-204 of the Philadelphia Code relating to Sidewalk Vendors in Center City and Section 9-205 of the 38 05/26/04 - STREETS - BILL 040400 Philadelphia Code relating to Sidewalk Sales to permit farmers' markets on the south side of Walnut Street on the sidewalk abutting Rittenhouse Square, and providing that provisions shall expire after a specified period of time, all under certain terms and conditions.

Councilman Dicicco

While the witnesses are gathering, you may note that the bills are being called up not necessarily in order in which they've been printed. There are various reasons why that occurs. Councilman Mariano had an a prior engagement and he asked that his bill be heard first. We will also list some of the parking bills in an order so we can get as many of them done at one time rather than having witnesses come up, leave, come back up, leave, and come back up. It does work better. However, if you're the last one on list, I'm sure you will disagree with that, but we'll try to get through this as quickly as possible. Good afternoon, Mr. Haigler. Please identify yourself for the record and proceed 39 05/26/04 - STREETS - BILL 040400 with your testimony.

Mr. Haigler

Good day, Councilman DiCicco and Members of the Committee. I am Otis Haigler, Jr., Legislative and Regulatory Affairs Manager for the Department of Licenses and Inspections. Today, I'm here to provide testimony on 040400, which if enacted will permit a farmers' market on the south side of Walnut Street abutting Rittenhouse Square. Based on the bill that was submitted or introduced, the Department offers no 13 objection to the enactment of Bill 040400. This is within the sponsor's prerogative. However, I received amendments as I was entering Council Chambers today which slightly modify the bill that was introduced. And at this point, we will need some further time to review those amendments before we can sign off on those amendments. So I need to review those amendments with the senior management of L&I and the Administration because there might be some issues in there that we need to discuss before we sign off on there.

Councilman Dicicco

Understood. 40 05/26/04 - STREETS - BILL 040400 What I'd like to do is proceed with the testimony and get all the information on the record and then yourself and the sponsor of the bill can talk about this on the side whether we get this bill out of Committee or not today. But let's at least get the testimony out. Thank you. Is that okay, Councilman Clarke?

Councilman Clarke

Yes.

Councilman Dicicco

Whoever else is testifying next, please yourself for the record and proceed. MR PIERSON: Good afternoon. My name is Bob Pierson. I'm happy to be here to testify on behalf of this bill. I'm Program Director of Farm to City. It's a small business that unites communities, families, and farmers year-round through good local food. I have planned and managed farmers' markets for past nine years, over a thousand market days in all in Philadelphia and nearby towns. Farm to City is prepared to open a flagship outdoor market at Rittenhouse Square 41 05/26/04 - STREETS - BILL 040400 and make heroes of its supporters. And I'd like to acknowledge my Councilman, Frank DiCicco, is the one that really got me started in this about nine years ago for the South and Passyunk farmers' market which has been going strong ever since and helped me through the regulatory maze, let's put it that way, with Revenue and L&I back then when we got that one started. Urban market places are as old as civilization and play an important role in the formation of cities in the civic life of their citizens. Today, the ever increasing number of outdoor farmers' markets reflects these origins by providing a civilized and democratic gathering place for people to meet and purchase agriculture products from the region. More and more families and culinary professionals realize the importance of locally grown food for the health of their family members and customers, for the survival of family farms, for the preservation of farmland and open space, and for the security 42 05/26/04 - STREETS - BILL 040400 of the region's food supply. I'm very pleased to testify today in favor of this bill. I've worked with members of the Center City Farmers' Market Committee to establish a farmers' market on Rittenhouse Square. Again in 2001, we brought a large tent full of farmers to the Rittenhouse Row Spring Festival. It was a very popular addition to the festival. Then last fall we sponsored a one-day harvest festival. It was a beautiful day just after the hurricane came through. We had the farmers in white tents up and down the sidewalk on the north side of Rittenhouse Square just where we will have our weekly market if this bill passes. The Harvest Festival was a great success. Thousands of people came that day to meet the farmers buy their locally grown fruits and vegetables. Over a thousand people signed a petition in favor of the market and we've submitted this petition to the Council. Rick Nichols, food columnist for the Inquirer, wrote a positive article about it. We have letters of support from the Center 43 05/26/04 - STREETS - BILL 040400 City District, the Center City Residents Association, Fairmount Park Commission, Philly walks, the pedestrian advocacy group, Metropolitan Bakery, from Cindy Bourne (ph), a Center City business person, and the Barnes and Noble Bookstore. Earlier this year, we sent our request to legislative assistant to Councilman Darrell Clarke with copies to Council President Anna Verna and all the other Council People. And you may recognize this. You should have gotten one of like this in the mail in January. Provided this bill is approved, we will be ready to open the market on July 10th and offer the bounty from our local farms to the residents of Center City. Several of my colleagues bring other viewpoints in favor of this market, and at this time I would like to turn the microphone over to them. I urge you to vote favorably on this bill, and I thank you again for the opportunity to come and speak before you. 44 05/26/04 - STREETS - BILL 040400

Councilman Dicicco

Good afternoon. Please identify yourself for the record and proceed. MS PIRELLO: I'm Christina Pirello. I host the national public television series, "Christina Cooks," and I hold my Master's in nutrition from Drexel University. I'm happy to be here to testify in support of this bill. I can talk to you from many standpoints on it, but the one that I'll take is that as we all know America's health is appalling. And one of the things that is one of the main factors of that is the diet that we all consume which is, of course, the path that my life has taken in terms of my own work. Ninety percent of the illnesses that affect adults and children in our country can be directly related to the foods that they choose. So not only as an urban community can we support world economies and reconnect with the food and the people that grow it, but we have a really strong chance here to make more accessible to everybody on every level fresh foods locally produced and grown in our area so that people 45 05/26/04 - STREETS - BILL 040400 can get the most nutrition pack, if you will, for their dollar. So that's the standpoint that I come to to support the market. There'd be one on every corner if I had my way.

Councilman Dicicco

Well, as a young boy growing up, there was a produce store on just about every corner in my neighborhood, fresh produce. It was a great experience. Thank you for your testimony.

Ms. Sutnick

Good afternoon. My name is Mona Sutnick, and I am very pleased to be able to speak in support of the market. And I bring two points of view, that of a neighbor and, like Christina, a nutritionist. I also hold a degree from Drexel and a doctorate from Temple. I've lived in the Rittenhouse Square neighborhood for 40 years and in that time seen a lot of changes in the area, most of them improvements which benefit those of us who live here in town and everybody who comes and enjoys Rittenhouse Square, and that, as you know, is a lot of people. A weekly 46 05/26/04 - STREETS - BILL 040400 farmers' market would be a wonderful resource for all of us. I've talked to neighbors about it, and they're all excited at the prospect of having fresh local produce right there in the park every week. Last fall, I volunteered at the Harvest Festival which Bob mentioned, and the question people asked most often was "Will this happen every week," and all wanting it to happen every week. My answer was "We hope so. We're trying to make it happen." And there was enormous support among the people who came out that day to have this as a regular event. As a nutrition educator and registered dietician, a lot of my professional life has been spent helping people learn to eat more healthfully. And we know, as Christina said, that generous amounts of fruits and vegetables are basic to good health and also that convenience plays a really important role in people's food choices. So that a farmers' market that makes it convenient for Philadelphians to buy fresh locally grown produce can certainly contribute 47 05/26/04 - STREETS - BILL 040400 to the health as well as to the enjoyment of all of us around Rittenhouse Square. Thank you.

Councilman Dicicco

Thank you for your testimony.

Ms. Crook

Hi there. My name is Bridget Crook (ph). I work for the White Dog Cafe Foundation, I'm the co-director and specifically a program called Fair Food in which promote and support local agriculture and try to bring in as much local fresh produce and animal products as possible. And specifically a couple of the things that we do that are related to this is we connect restaurants with farmers and we also partner with Bob Pierson in Farm to City on a Buy Fresh Buy Local Campaign. And through that, we put out a guide -- and I have copies of this for all of you if you'd like a copy -- of all the places you can go to find locally grown food, including farmers' markets, farms that deliver into the City, restaurants, retail stores. And we get an incredible amount of inquiries from people about getting 48 05/26/04 - STREETS - BILL 040400 the guide and specifically about where farmers' markets are. That's probably the top inquiry we get. I would say I get about to 5 15 calls a week from people wanting a copy of 6 the guide and asking where they can find the 7 closest farmers' market to them. And we have 8 a mailing list of about 2500 to 3,000 people; 9 and about 15 percent of that are within 10 walking distance of Rittenhouse Square. So, I mean, we see this as absolutely integral to the work we do of promoting local and fresh produce, meat, dairy, and other agricultural products and supporting local farmers and promoting the local community. If you look at some of the other cities that have thriving downtowns, if you look at Washington, D.C., they have a flagship market at Dupont Circle. If you look at New York City, Union Square, and that's a thriving farmers' market. While Philadelphia has some amazing farmers' markets around the City, those central farmers' markets also support the other farmers' markets around the City and 49 05/26/04 - STREETS - BILL 040400 make those farmers' markets successful. So we see having one central farmers' market that's a really strong farmers' market that everyone thinks of as the main farmers' market is not only bringing tourists in, bringing the community together, but also supporting those other farmers' markets that are on other days of the week in neighborhoods throughout the City, in lower income neighborhoods, in a variety of places. So we absolutely see this as integral to our work of promoting local farm products, supporting local farmers and trying to rebuild our community through creating urban world connections.

Councilman Dicicco

Thank you. Thank you for your testimony. My understanding is that this farmers' market would be one day a week?

Councilman Dicicco

Mr. Haigler, would you come to the witness table? I have a question for you. It's somewhat related to this issue. At various times of the year, 50 05/26/04 - STREETS - BILL 040400 special occasion days, Mother's Day, Easter, stuff like that, vendors appear on many locations throughout the City. What is requirement for those folks? Is it a requirement for them to vend just for that one day or weekend? If the's Mother's Day or Easter, they will start vending generally on a Thursday or Friday, Saturday, Sunday.

Mr. Haigler

I believe there are special license requirements in the Philadelphia Code to deal with the sale Easter flowers or flowers or that type of activity. There are special license provisions in the Code that provide for that. Off the top of my head, I don't know the precise requirements, but I can get that back to you. But there are special requirements for that.

Councilman Dicicco

I would like to see that because I would like to see what the difference, if there is a difference, I assume there is, as to what their requirements are and what we're requiring a farmers' market that needs to go through all this to get to be able to establish a vending location. It's a 51 05/26/04 - STREETS - BILL 040400 farmers' market, but it's outside vending. I have problems and I'm sure other districts have problems sometimes. Often times with these vendors who literally pop up overnight, sell their wares and leave, and what they leave behind is whatever they didn't sell and all the boxes and containers that everything that they were selling remains on site and then we have a problem getting it cleaned up and all. I have no problem against entrepreneurs and people wanting to make a legitimate dollar, but when we have a situation where we have a farmers' market which really is done properly and tastefully that we have we have to go and do this legislation which I support and I think is good and others may not have to be subject to the same guidelines, I'd like to address that other issue as well. It's not related to bill 21 but maybe it's a separate entity. So if you could get some information to me, I would appreciate that.

Mr. Haigler

I will do that

Councilman Dicicco

Any questions 52 05/26/04 - STREETS - BILL 040400 for these witnesses? Councilman Clarke.

Councilman Clarke

Thank you, Mr. Chair. Just for the record, was there any contact with the Friends of Rittenhouse Park with respect to support of this particular operation?

Councilman Dicicco

Bob. Identify yourself again for the record.

Mr. Pierson

Bob Pierson, Farm to City. From the beginning we have kept them informed of everything that we're doing. Three has not been any correspondence that's come back to us. We've left phone messages, we've sent them copies of the proposal, we sent them letters just saying what our steps were in this process.

Councilman Clarke

We don't have any written letters of support?

Mr. Pierson

Nothing from them, no. 22

Councilman Clarke

Can you do me a favor? Can you just get me something -- I'm assuming based on my discussions with some of the members -- 53 05/26/04 - STREETS - BILL 040400

Mr. Pierson

If they will respond, I will, yes. I'll do my best. In other words, I'll keep trying.

Councilman Dicicco

I would suggest that you do a letter to the entity that the Councilman is talking about so at least there's a paper trail that you've made an attempt. In the event that they don't answer is one thing, but at least there's documentation.

Councilman Clarke

You may want to cc me on the letter so they know that I've gotten a copy.

Councilman Dicicco

Thank you. Any further questions? (No response.)

Councilman Dicicco

Anyone else here who wishes to testify on this bill? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next bill. Thank you all for coming in today, and good luck. 54 05/26/04 - STREETS - BILL 040364

The Clerk

Bill No. 040364, an ordinance amending Section 9-205 of the Philadelphia Code, entitled "Sidewalk Sales," by prohibiting vending on portions of Chestnut and Market Streets between 55th and 58th Streets, portions of 56th and 57th Streets in the area between Walnut and Arch Streets, and Ludlow Street between 57th and 58th Streets.

Mr. Haigler

Good day Councilman DiCicco, Members of the Committee. I am Otis Haigler, Jr., Legislative and Regulatory Affairs Manager for the Department of Licenses and Inspections. Today I'm here to provide testimony on Bill 040364, which if enacted will prohibit vending on portions Chestnut and Market Streets between 55th and 58th Streets, portions of 56th and 57th streets in the area between Walnut and Arch Streets and Ludlow Street between 57th and 58th Streets. The Department offers no objection to the enactment of Bill 040364. This is within Council's prerogative under Section 24 9-205(8)(p) of The Philadelphia Code. The Committee and Council, however, should be 55 05/26/04 - STREETS - BILL 040471 mindful continued limitations placed on locations where vending is permitted will impact on this type of activity in the City since legal locations to conduct vending operations will be at the premium. Thank you. I'll be happy to answer questions at this time.

Councilman Dicicco

Any questions for this witness from the Committee? (No response.)

Councilman Dicicco

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

Councilman Dicicco

Seeing none, the Clerk will read the title of the next bill.

The Clerk

Bill No. 040471, an ordinance amending Chapter 12-900 of the Philadelphia Code entitled "Parking Regulations and Penalties" specifically Section 12-917 entitled "Valet Parking Zones" by amending Subsection 6 relating to off-street parking of vehicles and also amending Section 12-2809 entitled "Civil 56 05/26/04 - STREETS - BILL 040471 Penalties and Costs" by increasing the fine for violation of Section 12-971(6) and amending the title of the same.

Councilman Dicicco

Parking Authority, would you please come to the witness table? The Chair recognizes Councilman Clarke for a statement.

Councilman Clarke

Thank you, Mr. Chair. Mr. Chairman, I introduced this bill 13 after several discussions with Members of Council and several opportunities I witnessed myself, the flagrant violation of the valet parking laws on numerous occasions. It is clear to me that under the current valet parking laws, there is an area that has been authorized by the City and the Authority where it is essentially a cueing area, they're allowed to cue vehicles for a time, then subsequently those vehicles are to be taken to an off-street parking lot. But in fact what is happening is that people are using the cueing area for the purpose of parking 57 05/26/04 - STREETS - BILL 040471 vehicles, not paying the meters and sometimes taking meters, particularly after the hours of the traditional regulations, a lot of these areas where there are restaurants particularly in West Philadelphia and some of the other area where we have a substantial amount of new restaurants that don't have the o'clock 9 meters, they have meters that are 8 o'clock 10 and a lot of the restaurant goers 11 traditionally come to dinner after 8 o'clock 12 and these valet parking entities are coming in and they're taking up meters along the street leaving the vehicles there, not having to place money in the meter, not taking them to the garage. First of all, it's taking opportunities away from people who want to park on the street without using valet parking. Second, we get no revenue because the revenue that we get is as the result of the fees associated with parking at a garage. While I didn't think that we could, frankly speaking, change the valet parking and I would not necessarily want to do that. One of the things that we wanted to do was to 58 05/26/04 - STREETS - BILL 040471 increase the penalty associated with violation of the current laws in hopes that it would give us an opportunity to be more aggressive if we were required to have additional people out on the street to enforce these laws. So we put this bill in in the hope of getting more aggressive enforcement. I'd like Mr. Fenerty, if at all possible, to talk about the process of current enforcement and if there's any need associated with your ability to do additional enforcement, how these penalties would support your needs to do so.

Mr. Fenerty

Currently, the problem with valet parkers is exactly as Councilman Clarke had explained. The problem becomes -- the ordinance is very clear. You have to have a license as a valet. You have to have a licensed private lot to take the vehicles which you're valeting to. The revenue that the Councilman said is robbed by not using the lot is the 15 percent parking tax that goes to the City from the parking operator. What they do is they take a car, they move it from the 59 05/26/04 - STREETS - BILL 040471 valet zone or leave it in the valet zone too long, but primarily they take it out of the valet zone, they do a dump on it, dump it at the meter, an unregulated meter, which means after o'clock or o'clock at night or 7 7 o'clock at night, according to where the 8 restaurant is, they dump it at a meter and 9 leave it there. They in turn are charging whatever price they're charging for the valet, 15 or $20, they make a hundred percent profit on it. They do not pay the private lot. In turn, the private lot does not pay the parking privilege tax of percent to the City. 15 The other thing comes at risk that the Authority and Police Department and also District Councilmen and State Representatives get a lot of complaints about is the Parking Authority or the Police gave me a ticket, it couldn't have happened, they're wrong. I got this notice in the mail. And what has happened is the valet dumps it in a loading zone or even some valet will dump them in active meters. They get the ticket on the windshield, the valet operator takes it, next 60 05/26/04 - STREETS - BILL 040471 thing you know the Parking Authority, the Police or the City are bad guys and residents of Philadelphia or the suburbs who come in to eat don't want to come back in town and patronize the restaurants. What we do is we investigate it. If it's a valet zone, we now transfer the responsibility of the ticket from the citizen who made a complaint, if it's found to be valid, to the operator of the valet zone. They're very hard to collect on because they're not associated with a tag and you can't take a booting enforcement action. It's the position of the Parking Authority if the fine were higher, we can enforce it more strict, it would deter the operators and force them into the profit lots. And valets are, to put it bluntly, are a headache. We're enforcing it more and more. We have a valet squad. We go out, we issue warnings in conjunction with L&I who also monitors the zones to try to eliminate this. But the person that's hurt the most is, number 1, the restaurant when they don't get the 61 05/26/04 - STREETS - BILL 040471 clientele to come back; number 2, the City because when it's not going into a private lot, you have no parking privilege tax. The other thing that we also find that it's not only the companies' position to do that. Some times the valet company has unscrupulous employees who do it on their own. They take the car, they dump it around the corning. Then that valet runner himself has his own business. If he does five of them a night at $20 a night, the only way the valet company knows what's going on is by it going into the lot with a ticket. You grab Mr. Zigler's car, go park it. Mr. Zigler comes back, sees you, you know where the car is, you made the whole plus maybe the gratuity, the 18 tip on top of it. You could have made $25 for 19 that night. So the higher fine will force the 20 valet company to also police its employees a little bit better.

Councilman Dicicco

I understand that -- Councilman Ramos and I were having a little sidebar. You eloquently described some of the problems with it. And in addition to 62 05/26/04 - STREETS - BILL 040471 the loss of revenue, we actually lose customers. And that word spreads throughout the community where those folks come from, primarily non-Philadelphia residents. And I know many, many cases where the restauranteur is actually eaten, taken the responsibility and paid for the ticket because they don't want to lose that customer, and as a show of good faith which is somewhat ridiculous in a way because that's the profit sometimes that the restauranteur made on that individual customer or customers. I was one of the original -- I'm not sure if Councilman Clarke was here at the time, but myself, Councilman Kenney and someone else, we did the original bill, the valet bill, and we went through extensive discussions with the valet companies. Unfortunately, most of them have not paid attention to that and they're not listening to us. I don't if the fines -- and I support this legislation, but I don't know if that gets us to where we need to get to and I 63 05/26/04 - STREETS - BILL 040471 don't really have a total answer for it. Maybe we need to do some drastic things in this City and say there is no longer going to be a valet service because if we start affecting the valet companies and their pocket, then maybe they'll begin to pay attention. Because as it goes right now, they're still making money. The people who work for them are doing their side deals if they're doing it. And in the process, the City gets another black eye because the people who come here and get that think it's the City that's doing it to them.

Mr. Fenerty

And the majority of the time they think it's the Parking Authority.

Councilman Dicicco

And the police and the Parking Authority are doing their job. If you've got a meter expired or you're parking in a no parking zone, you're doing your job in writing a ticket, but people are of the opinion that the City is doing this intentionally to raise revenue. And it becomes an another black eye for us, another 64 05/26/04 - STREETS - BILL 040471 area where we have to go out and put out all these little fires that get started outside the Philadelphia community that it's not us, it's valets. Then they go "Well, what are you going to do about it?" I support the legislation. I hope it helps out, but my guess is it's just going to be another one of those issues where unless -- and I don't know if eliminating valet parking is going to be the answer. I notice where it's more prevalent is those areas where you pay to valet as opposed to the smaller restaurants throughout the neighborhoods where they offer free valet --

Mr. Fenerty

It's the pay valets.

Councilman Dicicco

-- because they generally have a designated place to park.

Mr. Fenerty

It's the pay valets, Councilman, it's not the free ones.

Councilman Dicicco

That's the irony of the whole thing. The companies that are being paid to park your car are the ones that are bigger violators than the non-paying 65 05/26/04 - STREETS - BILL 040471 valets.

Mr. Fenerty

The restaurant itself, the smaller restaurant, they take it to a lot. The valet takes it there. He's responsible to handle no cash. It's a free park. The valet gets paid to park it and they work and a gratuity. It's where the valet has a service that they have to take it to a lot. Every car that they don't have to take to that lot is 100 percent profit for the valet company or a windfall to the valet runner, and he's cheating not only the City but he's cheating employer out of his employer's park. So it's twofold problem which we now -- we even do it on Sunday night. We do it on an overtime rotation where the supervisor and a couple officers on Sunday night. And it wasn't as a revenue generator, it was to keep the zones free. Because, believe it or not, the people who do come into Center City, using a valet to come in and spend their money at these restaurants feel safer if they valet the car. What we found when we weren't out there on 66 05/26/04 - STREETS - BILL 040471 Sunday nights, the valets themselves were using the valet zones as a parking lot and then they were using the secondary lane, especially on Walnut Street and Christopher Columbus Boulevard as a parking lane to do the valet service. So then if you recall about three months ago there was a backup on Delaware Avenue due to a valet and then there was a major accident at Spring Garden Street involving a police officer. You couldn't get the emergency vehicles through because everything was backed up. And that was one of the wake-up calls when we started Sunday night and much more stricter enforcement. The running lane is not to valet. The valet zone is to valet. If you park in the valet zone, we're going to write the ticket to the operator and we're going to tow the vehicle. Now, usually when we roll the tow truck out, it's a deterrent and they move it because the last thing the Parking Authority wants to do is to tow a vehicle out of the valet to inconvenience that customer and the restaurant because we know that 67 05/26/04 - STREETS - BILL 040471 customer is not coming back and we're not here to put people out of business; we're here to help bring business in the City. And we're very, very cautious about not hurting the person. Is this a profit maker for the Parking Authority? Absolutely not. This is a public service. We don't make money on this one; we lose money on this. But for every dollar that we keep here, we feel it's worth it.

Councilman Dicicco

I agree. Again, I think this is something that's not going to go away. I think we need more discussion about this over the next few months to try to come up with something tight.

Mr. Fenerty

We need to we rotate our officers who enforce these areas. The officers cannot become overly friendly with the valet operators we rotate in and out. We rotate the supervisor in and out. The only person there longer than a six-month period is the head supervisor who oversees it. We've taken every precaution we can so there will be 68 05/26/04 - STREETS - BILL 040471 no questionable conduct regarding this.

Councilman Dicicco

Councilman Rizzo.

Councilman Rizzo

I want to make sure that I'm understanding what you're saying, because I get calls regularly -- let me describe what occurs. You pull up to a valet spot. They pick up the car, they take it around the corner, they park it at a meter. The Parking Authority Police come and put a ticket on the vehicle. You come out from dinner. The person that works for the valet goes to the car, sees that they got a ticket, rips the ticket up, throws it on the ground because they don't want to bring, obviously, the car back with a ticket. The person then gets a summons, whatever it's called now.

Mr. Fenerty

A delinquency notice.

Councilman Rizzo

And they say, "I was at dinner, I was a restaurant for four hours and I parked my car valet." Well, they don't know that the car wound up around the corner either in a bus stop loading zone. The car got a ticket. The 69 05/26/04 - STREETS - BILL 040471 valet guy/gal rips it up. Two weeks later, whatever, they get the ticket. What do they do?

Councilman Dicicco

Councilman, I think you may have been out of the room when Mr. Fenerty went through that whole process about if the Authority is notified by an individual who claims that that has happened to them, the Parking Authority will do further investigation. And if they determine that the complaint is accurate, they will dismiss the ticket or transfer the responsibility to the valet.

Councilman Rizzo

I heard that, but I just wanted to make sure I was understanding the same scenario I give you.

Mr. Fenerty

That's exactly the same scenario. One of the things we ask for is if you pay for dinner with a credit card, it makes a very clean-cut case, you were in the restaurant, this is what happened. We transfer to the valet or ask for a letter. If we can't do the transfer, it goes 70 05/26/04 - STREETS - BILL 040471 on the weight of the complaint. We take it down the Bureau of Administrative Adjudication and the cases are reviewed by a hearing officer. We advocate for the people who make this claim. And we also look at their records. If you have somebody who's done it two or three or four times, we know there's problem. They're usually single occurrences.

Councilman Rizzo

Let me give you another scenario since we're using examples. I hope you can fix this or maybe the Police Department needs to do it. I'll be real specific even thought I don't like to be on this particular issue. Sydenham and Walnut, there's a valet area. Do you know there's a restaurant that we all enjoy going to on Sydenham between Walnut and Locust. I'm walking from City Hall down and that street runs south. Well, all of a sudden a car comes racing up going the wrong direction on Sydenham Street and I jump up on the sidewalk and one of the people that works at one of the restaurants says, "That happens all night here. It's the valet person. They don't want 71 05/26/04 - STREETS - BILL 040471 to go around the block so they race northbound on Sydenham Street to bring the car back to Sydenham and Walnut. It's really a dangerous situation.

Mr. Fenerty

That one is a Police Department problem. The operator of the vehicle can be cited for a one-way street violation which carries points on his license.

Councilman Rizzo

Could you mention possibly to the operator that's conduct that's not appropriate for them to bring vehicles back the wrong way on a one-way street?

Mr. Fenerty

There are two or three operators in that area. I will have our valet people talk to them Thursday night.

Councilman Rizzo

That's great because that is really a bad situation. And it's so bad that the person standing at the door of one of the restaurants said, "Don't get all wound up about that; that happens all day here because they don't want to have to come around the block. They just buck traffic to get to Sydenham and Walnut."

Mr. Fenerty

I will do that. I 72 05/26/04 - STREETS - BILL 040471 will also notify the captain of the traffic and the captain at the 9th.

Councilman Rizzo

I called the captain on that, but your part would be appreciated to let them know that we're watching.

Mr. Fenerty

No problem.

Councilman Rizzo

Thanks

Councilman Dicicco

I have one other question and comment and then we'll wrap this hearing on this bill up. You mentioned earlier when you were testifying that when you do the transfer of responsibility from the person who the ticket was issued to back to the valet --

Mr. Fenerty

If there is significant evidence then, we can do that, yes.

Councilman Dicicco

And if you do that, did you say that there's not much you can do after that in terms of collecting?

Mr. Fenerty

We can dun them by mailings and put it on their credit history. There is no -- 73 05/26/04 - STREETS - BILL 040471

Councilman Dicicco

Well, that's what I'm going to get to. Councilman Clarke is on the phone, but maybe we need to do something by way of an amendment that suggest any outstanding parking violations that that company has will cause them not to be able to get a renewal of their valet license, similar to what we do with a liquor license. If you have any outstanding liens to the City, you cannot get your liquor license even though it's a state issued license renewed in the City of Philadelphia or I guess anywhere in the Commonwealth until you clear up those liens.

Mr. Fenerty

Or, Councilman, if it's rather a yearly renewal, you could possibly set a threshold of 5 or 10 open citations, the valet company gets suspended.

Councilman Dicicco

We can decide what number of tickets that are outstanding and for how long, but I think that that may get you some teeth.

Mr. Fenerty

That would give us a lot of teeth. 74 05/26/04 - STREETS - BILL 040471

Councilman Dicicco

Do you agree, Councilman Clarke?

Councilman Clarke

Sounds good.

Councilman Dicicco

Maybe somebody can think about doing some amendment to this bill rather than do a whole new bill, right? What do you think? I don't know if it would mess the title up or we have a separate -- maybe we could do it separately.

Councilman Clarke

Based on the Calendar, it seems like we're going to be here a little while.

Councilman Dicicco

If we can't do it today, we'll be having another Streets and Services Committee in about two weeks which I was not aware of last week, so maybe we can get something drafted for that Streets and Services Committee as well.

Mr. Fenerty

The suggestions could be non-renewal or we could do a quarterly run and if they found to have X number of open violations --

Councilman Dicicco

Councilman 75 05/26/04 - STREETS - BILL 040370 Clarke will have someone on his staff talk to you and your agency about that and make sure the legislation passes the mustard, all right?

Councilman Dicicco

Thank you. Any other questions? (No response.)

Councilman Dicicco

The Clerk will read the title of the next bill.

The Clerk

040370, an ordinance 12 amending the ordinance approved January 3, 1992, Bill No. 1205-AA, which pursuant Subsection 9-204(8)(a) of The Philadelphia Code, designates locations in Center City at which vending is permitted, by deleting all permitted vendor locations on both sides of Eighth Street between Market and Chestnut Streets.

Mr. Haigler

Good day, Councilman DiCicco and Members the Committee, I'm Otis Haigler, Jr., Legislative and Regulatory Affairs Manager for the Department of Licenses and Inspections. Today, I am here to provide testimony on Bill 040370 which, if enacted, 76 05/26/04 - STREETS - BILL 040370 will prevent vending on both sides of Eighth Street between Market and Chestnut Streets. In general, the Department offers no 5 objections to the enactment of this bill. However, the Committee and Council should be mindful to enforce the provisions of Bill 8 040370, the Department will have to expend its limited resources to evict and relocate vendors who may have operated legally for some time since the enactment of Bill 1205-AA, regulating vending in Center City. The provisions of Bill 205AA become law on January 3, 1992, and its purpose was to establish 300 locations in specific areas in Center City where vending operations would be allowed. Continued alterations to Bill 19 1205-AA and limitation locations where vending is permitted may have an impact on this type of activity in Center City since legal locations to conduct vending operations will be at a premium. Thank you. I'll be happy to answer questions at this time. 77 05/26/04 - STREETS - BILL 040371

Councilman Dicicco

Mr. Haigler, are you aware of any vendors in this location presently?

Mr. Haigler

Not personally.

Councilman Dicicco

Is there anyone else who wishes to testify on this bill? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next bill.

The Clerk

Bill No. 040371, an ordinance amending Section 9-402 of the Philadelphia Code, entitled "Animal Drawn Carriages," by authorizing the Department of Streets to make temporary alterations to the approved routes for animal drawn carriages; all under certain terms and conditions.

Councilman Dicicco

Before you begin your testimony, Mr. Haigler, just for a point of information, I believe there is one vendor in that area somewhere between Market and Walnut on Eighth. If you get a complaint or the Department hears anything from that individual, I'd be more than willing to talk 78 05/26/04 - STREETS - BILL 040371 about relocating that individual to another area on Eighth Street away from where they are now. Because this was brought to me basically by a complaint from one of the jewelers that has a business on Eighth Street where the vendor is literally in front of the doorway and it does cause a problem. So I'm not trying to knock someone out of business, but maybe I can relocate him to the other side the Chestnut Street. So if you hear anything about that, direct them to my office and I'll certainly try to accommodate them.

Mr. Haigler

We'll certainly do that.

Councilman Dicicco

Thank you, Mr. Haigler. Good afternoon. Please identify yourself.

Mr. Denny

Good afternoon, Mr. Chairman, Members of the Committee. Thank you for the opportunity to appear before you today. My name is Charles Denny and I'm the Assistant Chief Traffic Engineer of the Department of Streets. I am here to offer 79 05/26/04 - STREETS - BILL 040371 testimony on Bill 040371. Bill No. 040371 is an ordinance 4 amending Section 9-402 of The Philadelphia Code entitled "Animal Drawn Carriages" by authorizing the Department of Streets to make temporary alterations to the approved routes for animal drawn carriages. The Streets Department supports this bill. Normal construction and emergency repairs make the temporary detour of carriage routes necessary for the safe and efficient movement of traffic. Thank you for the opportunity to appear before you today. I'd be happy to answer any questions you have at this time.

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, 80 05/26/04 - STREETS - BILL 040464 the Clerk will read the title of the next bill.

The Clerk

Bill No. 040464, an ordinance establishing a no stopping anytime regulation on the east side of State Road, between Ashburner Street and Linden Avenue, and a no truck parking regulation on the west side of State Road, between Ashburner Street and Linden Avenue.

Mr. Denny

Good afternoon, Mr. Chairman and Members of the Committee. Thank you for the opportunity to be appear before you today. My name is Charles Denny, I'm Assistant Chief Traffic Engineer for the Department of Streets. I'm here to offer testimony today on Bill No. 040464. The Streets Department has no 19 objections to the bill. The signs were posted under a trial ordinance last October. We have had no objections since then. Thank you for the opportunity to appear before you today.

Councilman Dicicco

Thank you, Mr. Denny. 81 05/26/04 - STREETS - BILL 040517 Any questions for this witness from the Committee? (No response.)

Councilman Dicicco

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

Councilman Dicicco

Seeing none, the Clerk will read the title of the next bill.

The Clerk

Bill No. 040517, an ordinance authorizing the installation of all-way stop signs at the intersection Second Street and Poplar Street.

Mr. Denny

Good afternoon again, Mr. Chairman and Members of the Committee. Thank you for the opportunity to appear before you today. My name is Charles Denny. I'm the Assistant Traffic Engineer for the Department of Streets. I'm here to offer testimony on Bill 040517. The Pennsylvania Vehicle Code requires PennDOT to develop regulations governing traffic control devices in 82 05/26/04 - STREETS - BILL 040517 accordance with the Federal Highway Administration Manual and Uniform Traffic Control Devices. These regulations apply to all public highways in the Pennsylvania, and the City Solicitor has ruled the Streets Department is legally obligated to comply with the Vehicle Code and related PennDOT regulations. The federal and State criteria require that an all-way stop control be warranted by an engineering study of traffic conditions, police accident records, traffic volumes, speed, and sight distance. The study conducted as a result of this request concluded that the present day conditions at this location do not satisfy the Federal and State warrants for an all-way stop control. Second Street is a major signalized arterial. The placement of a stop control is inappropriate, particularly with overhead signals at Second and Brown Street which is 450 feet south. Drivers who are coming south on Second Street which has a signal control from Erie Avenue will see the signal at Brown 83 05/26/04 - STREETS - BILL 040517 easier than the stop sign at Poplar Street. This will lead to an increase number of rear end crashes at Second and Poplar Street. When installing additional traffic control at any intersection, the results should be a safer intersection. Installing stop controls against Second Street at Poplar will not accomplish that goal. The streets Department cannot comply with this request. The Streets Department is redesigning Second Street from Poplar Street to Fairmount Avenue. The design includes bump-outs at each of the three intersections. The provides shorter pedestrian crossings and also allows for better placement of traffic signals. The design also includes back-in angle parking. Backing into a parking space is safer than backing out. The redesign is to provide safer operation on Second Street from Poplar Street to Fairmount Avenue. We are using federal funds to build these changes. Streets with unwarranted stop controls are not eligible for federal funds. Therefore, we would lose $352,000 in funding for these 84 05/26/04 - STREETS - BILL 040517 changes if we installed an all way stop. We have reviewed the crash history for the last two years available. There has been a reduction in crashes from crashes 6 occurring between November 2001 to October 7 2002 to four crashes occurring between 8 November 2002 to October 2003. The primary 9 reduction in crashes is angle crashes going 10 from six with three injuries in the earlier time period to one injury angle crash in the time period. This is a significant reduction. We believe the construction of the bump-outs will improve the safe operation at this intersection. At Second and Poplar Street, we are dealing with the situation in which prevailing traffic conditions indicate that establishing an all-way stop control would lead to a safety problem. Thank you for the opportunity to appear before you today. I'll be happy to answer any questions you have at this time.

Councilman Cohen

Mr. Denny, what is your position with the Streets Department? 85 05/26/04 - STREETS - BILL 040517

Mr. Denny

Assistant Chief Traffic Engineer.

Councilman Cohen

That means there's one person above you or two people?

Councilman Kenney

There's the Chief Traffic Engineer who reports to the Chief Engineer and Surveyor who reports to the Streets Commissioner.

Councilman Cohen

What are your duties generally?

Councilman Kenney

To oversee the engineering section of the Traffic Engineering Division.

Councilman Cohen

Thank you.

Councilman Dicicco

Thank you for your testimony, Mr. Denny. As you know, I'm very involved in the redesign of Second Street. I've been representing that district for a better part of almost 8 years, 9 years now. And I understand the bump-outs that we've agreed to from Poplar to Brown. The problem still remains, though, is the high rate of speed at which vehicles are traveling from Girard Avenue to Brown. I'm not in total 86 05/26/04 - STREETS - BILL 040517 agreement with you -- you're the expert, I'm not -- that people will have a better view of the Brown Street signal as opposed to the Poplar because Second Street kind of goes on in a slight incline from somewhere between Girard and Poplar and midway between there, I'm not sure what the street would be, and then it kind of goes up on a gradual incline to get to popular. So I don't know how you kind of see over that. But that being said, the area of Second and Poplar has changed dramatically and has been changing and in the last year has changed dramatically. In addition to the Standard Tap Pub, we have a number of other restaurants. We have a huge catering operation there right next to or a couple doors away from the Standard Tap. On the southeast corner there's a condo development that is under construction. On the northwest corner there's apartments or condos. So it is going to be a much more busier intersection in all aspects than it's ever been before. And when and if the Smith's Brewery site gets developed and the Liberty 87 05/26/04 - STREETS - BILL 040517 Walk and all that other stuff, we're going to have literally thousands of cars and pedestrians who will be residing in that neighborhood and using that and hopefully coming to that neighborhood to shop and dine in addition to what we already have now. I mean, there's probably thousands of people who now converge on that intersection either walking, driving, or what have you today than there were two years ago or even a year ago. So from my perspective, I wonder if it would not be in the best interest to have some sort of device there to slow the traffic down before it gets to Brown. It's a highway. It's not unlike what we went through a few years ago before you got in your position when Charley was there Third Street. From Spring Garden to Girard there were no signals. One was eventually put at Brown because there were always accidents at Third and Brown. We fought back and forth and we got a stop sign, thank you, at Third and Wildey I think it was, either George and Wildey. So to me, the Third Street situation is not unlike the Second 88 05/26/04 - STREETS - BILL 040517 Street situation, but in fact Second Street is probably worse because Third Street has residents but it doesn't have as much retail commercial activity from Brown to Wildey. Where Second and Poplar, that is, I mean there's more stuff going on there than goes on at Second and Fairmount. So I'm concerned about the position that your Department is taking that it may cause accidents when in fact -- you're right, it may cause car accidents; I don't know. I can't predict the future. But it always seems that we're more concerned with the vehicles as opposed to pedestrians. And that's why I introduced this bill because I was at that catering hall about a month ago and it was dangerous for me getting out of my car. I was parked on the west side of Second just north of Poplar. And I literally was taking my life in my hand trying to get out of my car. I wasn't even trying to jaywalk, I was just trying to get out of the car. Those cars, they didn't care who was there. They just keep flying by. And I don't know what the 89 05/26/04 - STREETS - BILL 040340 average speed was. I'll bet you it's got to be a minimum, minimum of 40 miles an hour. And they're probably doing faster than that. Councilman Cohen.

Councilman Cohen

I would like to ask Mr. Denny, the traffic engineer, but I notice there were other people here and I was wondering if he's going to be here on other bills later this afternoon.

Mr. Denny

This is the last one

Councilman Cohen

Because if we can hold it until later so that we don't hold up all the other people --

Councilman Dicicco

Mr. Denny, would you mind waiting around?

Councilman Dicicco

Thank you. We'll hold that bill for further hearing and proceed with the next bill.

The Clerk

Bill No. 040340, an ordinance authorizing the construction of sewers in portions of Garnet street.

Councilman Dicicco

You can proceed. 90 05/26/04 - STREETS - BILL 040340

Mr. Mccloskey

Good afternoon, Mr. Chairman and Members of the Committee. My name is Paul McCloskey representing the Water Department of the City of Philadelphia. Bill No. 040340 authorizes the Water Department to construct a sewer in Garnet Street from Dauphin Street to York Street. This block consists of row houses in the North Philadelphia section of the City. The properties are currently being serviced by a private sewer. The sewer has outlived its usefulness and requires total replacement. The failure of the sewer has created an unsanitary condition. In light of the fact the residents are serviced by public water, the residents have requested a public sewer. An assessment shall be levied against the owners having frontage in order to absorb a portion of the cost of construction. We recommend that this bill be favorably reported out of committee and also recommend that the Rules be suspended so it can be heard at the next Council hearing

Councilman Dicicco

Councilman 91 05/26/04 - STREETS - BILL 040340 Rizzo.

Councilman Rizzo

Thank you. Could you give me a feel for the assessment?

Mr. Mccloskey

The assessment is currently $9 a foot. It has not changed since 1967.

Councilman Rizzo

Typical, how many feet are involved here?

Mr. Mccloskey

Typically, it's roughly, I believe, 15-foot frontages ed on these houses.

Councilman Rizzo

That has not changed since when?

Mr. Mccloskey

Since 1967. In fact, we would like to change it, obviously. But what we'd also like to report is that there are many blocks similar to this where it's a private sewer, it's a hundred years old, people don't even know it's a private sewer, and under the current laws we're forced when we replace it to charge them the assessment. We would prefer not to because they've already paid a hundred years worth of 92 05/26/04 - STREETS - BILL 040340 water bills and the capitalization for the rest of the people, so we'd like perhaps in the future put a bill in to raise the assessments to current costs but also to include that in as a clause.

Councilman Rizzo

At $9 a foot, what would you belive the realistic --

Mr. Mccloskey

We believe that the realistic cost right now is roughly $180 a foot.

Councilman Rizzo

From 9 to 180?

Councilman Rizzo

We don't want to discourage people from correcting an unsanitary condition. Could that do that or would you move forward on the replacement even without their approval?

Mr. Mccloskey

How it's currently structured is the people have come to us in one street, and there's a sister bill to this that they have not come to us. We know it's exactly the same situation. We met with the community at a local Baptist church and explained the situation, that it's necessary 93 05/26/04 - STREETS - BILL 040340 that -- we don't want to force people out of their houses. The area is financially depressed, very poor people, they're struggling. We would prefer not to charge them, but unfortunately we have to. And how it's structured is that the contractor who puts the silver in collects the assessment. So it's up to him to collect, to put a mechanics lien against the house or whatever. If they choose not to pay, the house would -- the estate if think died would then pay off the assessment to the contract.

Councilman Rizzo

I don't particularly like that. We have no input on what the tactics the contractor uses.

Mr. Mccloskey

That's current policy, that's the current Code.

Councilman Rizzo

If we do legislation, could we possibly -- we probably have identified already the problem areas. Could we put them on notice that they would do the $9 deal if they do it promptly and then anything after a certain date they go to the new number? 94 05/26/04 - STREETS - BILL 040340

Mr. Mccloskey

Well, we take these situations on a case-by-case basis. Basically we receive requests made from a half dozen to a dozen communities a year. Some we can help, some we can't help. And we proceed with the ones that are the most feasible and economically viable.

Councilman Rizzo

Well, you know I've been talking about this since I've known you about the number of septic systems that we still have in the county of Philadelphia. But I think also you would know where these problematic areas are.

Mr. Mccloskey

There's roughly 200 locations, 200 blocks of the area that we're aware of. Strangely enough, this is in North Philly. There's a lot in South Philly. Chestnut Hill is a barren area for sewers.

Councilman Rizzo

The last thing I would want to see is -- you described it as a poor area -- to add to the burden of a bill or a lien, you'd probably create a very situation for some of these people 180 or $190 a foot to make that repair, we'd probably put some 95 05/26/04 - STREETS - BILL 040340 people in their grave.

Mr. Mccloskey

Right now if we don't step in, we're looking at a $30,000 repair. We're stepping up to the plate to try to help them as much as we can. Thank you, Mr. Chairman.

Councilman Dicicco

Thank you. I do like your comment and your recommendation about fees and how that could be used to offset those private sewer issues that we have because I have a few of them in my district and they're very painful to the residents, through no fault of theirs or the City's for that matter. They've been living in the house for decades and all of sudden they find out that they're responsible to replace a sewer because it happens to be in the back of their house as opposed to the of the house. And the people down the other end of the block don't have to pay for sewer replacement when it has to be replaced because it's out front. So I'd like to work with you on whatever it is we need to do to adjust that so we don't have to deal with the problem that we've had. And we 96 05/26/04 - STREETS - BILL 040340 were in court, I think, two weeks ago for South Sixth Street in my district for the very issue. And many of those cases are senior citizens who just can't afford to replace a sewer system.

Councilman Rizzo

Councilman, I'd like to join you this that.

Councilman Dicicco

You're joined.

Mr. Mccloskey

We would love to modernize and bring it up to date and also avoid the situation where we're punishing people who paid -- you know, my sewer needs to be replaced; I don't have to pay for it. Why should they?

Councilman Dicicco

It's a double standard.

Mr. Mccloskey

Unfortunately, it's a bitter pill that we have to feed them every town hall meeting we go to. Councilman Rizzo is well aware of a lot of these meetings that I've had to go to.

Councilman Dicicco

I'd like to work on that during the summer and have some legislation ready for the fall. 97 05/26/04 - STREETS - BILL 040340

Councilman Rizzo

Count me in.

Mr. Mccloskey

I'll report back to my Commissioner your support on it. I can proceed to give you a bill that we have prepared we'd like to go through.

Councilman Dicicco

My legislative assistant, Mr. Abernathy, get it to him and I'll share it with this Committee and we'll do the legislation.

Mr. Mccloskey

Thank you the Committee for their support. Thank you very much.

Councilman Dicicco

Thank you. Any other questions for this witness? (No response.)

Councilman Dicicco

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

Councilman Dicicco

Seeing none, the Clerk will read the title of the next bill 24 that has to do with those three folks who have been waiting patiently. 98 05/26/04 - STREETS - BILL 040265

The Clerk

Bill No. 040265, an ordinance authorizing the Department of Veterans Affairs to construct and maintain a pedestrian bridge over and across University Avenue between Curie Boulevard and Civic Center Boulevard, under certain terms and conditions.

Councilman Dicicco

Whoever is testifying, you can all come up to the witness table at this time.

Mr. Lonie

Good afternoon, Mr. Chairman and Members of the Committee. My name is Paul Lonie, Survey Bureau Manager for the Department of Streets. The Department would like to offer the following testimony on Bill 040265: This is not an Administration ordinance, but an ordinance requested by Michael Sullivan, Director of the Veterans Affairs Medical Center and University, Woodland Avenue, Philadelphia. The purpose of this ordinance is construct a pedestrian bridge that will connect the Veterans Affairs Medical Center parking garage with the VANC 99 05/26/04 - STREETS - BILL 040265 Nursing Home Care Unit. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Councilman Dicicco

Good afternoon and thank you for patience. Please identify yourself for the record and proceed with your testimony.

Ms. Caplan

I'm Margaret O'Shea Caplan and I'm the Chief Operating Officer of the VA Medical Center in Philadelphia. I just wanted to share a little bit of information with you about the nursing home and the facility and why this is so important to us. We operate a 240-bed nursing home care unit which is across the street from the main medical center. Currently, the census in the nursing home is about 100 patients larger than our acute care facility. Due to changes in health care delivery, we treat more patients now on an outpatient basis than we do on an in-patient basis. So we have a larger population at the nursing home. For any time when a resident of the nursing home needs 100 05/26/04 - STREETS - BILL 040265 specialty care, dental care, to see a pulmonologist, cardiologist, neurologist, they have to come over to the medical center in order to be seen by that specialist. Currently, we have no mechanism to get them across the street other than to use either commercial transport such as an ambulance or to use one of our vehicles if it happens to be during the day. So it's a rather inconvenient way to move residents back and forth and it also is a costly way to move our residents back and forth. So the bridge would not only ease in the movement of residents and patients, but it also would allow our staff to move back and forth more easily and more freely. We have had several employees who have been hit by crossing that street and have sustained numerous injuries, some quite serious. One employee actually had to have hip surgery as a result of crossing the street and getting hit by an automobile. University Avenue is a busy street, gets busier all the time. And this bridge would allow and ensure safer transport, 101 05/26/04 - STREETS - BILL 040265 not only for patients but for our staff. I have Phil Hatsis (ph), our chief engineer with me as well. We have some drawings we'd be happy to show you. And if you have any technical questions, he can assist in answering those.

Councilman Dicicco

Thank you. Councilman Rizzo.

Councilman Rizzo

Is it enclosed so that in foul weather the patients and the staff are protected from the weather?

Ms. Caplan

It's enclosed and climate controlled, yes.

Councilman Rizzo

Very good. Thank you.

Mr. Lonie

And, Councilman, these plans have been reviewed by the Streets Department structural engineers to make sure everything is safe is very nice.

Councilman Dicicco

Thank you. Any other questions for these witnesses? (No response.)

Councilman Dicicco

Thank you again 102 05/26/04 - STREETS - BILL 040497 for your patience. Seeing none, the Clerk will read the title of the next bill.

The Clerk

Bill No. 040497, an ordinance granting permission to Campus Technologies, Inc., a Pennsylvania corporation, its successors, assigns and agents, to construct, maintain and operate, replace, and remove a telecommunications system along, in, over and under the public rights-of-way and City streets, by placing such telecommunications system within and/or attached to the existing facilities owned by PECO Energy Company and/or other entities authorized by other City ordinances, subject to such owner's consent; all under certain terms and conditions.

Mr. Mautz

Good afternoon Chairman and Members of the Committee. My name is William Mautz. I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 24 040497. This bill grants permission to 103 05/26/04 - STREETS - BILL 040497 Campus Technologies, Inc. to construct, maintain and operate, replace and remove an aerial telecommunications system attached to existing PECO facilities in and over the public rights-of-way and City streets in University City area. The proposed aerial telecommunications system will provide voice and data transmission to properties owned and managed by the parent could Campus Property management, Inc. The Streets Department has reviewed the proposed build out routes for this project and has no objection to the passage of the bill.

Councilman Dicicco

Thank you. Any questions for this witness from the Committee? Councilman Rizzo.

Councilman Rizzo

I wasn't focused when you started your conversation. Are you telling me we are going to install aerial wire?

Mr. Mautz

That's correct.

Councilman Rizzo

Why in this day 104 05/26/04 - STREETS - BILL 040497 and age would we be installing aerial and not trying to utilize access that may be underground? The clutter with aerial facilities is bad enough, rather than in 2004 start to add more?

Mr. Mautz

The Campus Technologies, that is there designated method of providing the services to their buildings.

Councilman Rizzo

I would really -- and I'll ask the Chair. I'd really like some rationale why. I understand it's cheap and the way to go, but I'd like to find out more why there isn't a proposal that this facility be put underground.

Councilman Dicicco

Any other questions from this witness from the Committee? Is there anyone else here who wishes to testify?

Mr. Laver

Good afternoon, Mr. Chairman and Members of Council. Adam Laver of Klehr, Harrison, Harvey, Branzburg & Ellers. And with me is Andrew Marshall. Could you please state your name and 105 05/26/04 - STREETS - BILL 040497 title for the record?

Mr. Marshall

Andrew Marshall, Chief Technology Officer of Campus Technologies, Inc.

Mr. Laver

Mr. Marshall would like to address Councilman Rizzo's question regarding the aerial lines.

Councilman Dicicco

Thank you. Please proceed.

Mr. Marshall

Councilman, it's a very limited area of construction in University City. And in area in which we're planning to construct, there are no 15 underground facilities. The other only facilities there are available are actually aerial. So there isn't -- particularly on 41st, 42nd, and 45th Street in that area, there are no underground facilities at all.

Councilman Rizzo

But they could be put underground at an additional expense to you, correct?

Mr. Marshall

I'm sorry, I'm not qualified to answer that particular question.

Councilman Rizzo

My speculation is 106 05/26/04 - STREETS - BILL 040497 that it would be doable; am I right?

Mr. Marshall

Anything is doable, but understand that the actual underground construction in that area is because it's actually quite old. It actually goes back over a hundred years. There's quite a lot underground there and actually building underground facilities would be complicated and expensive.

Councilman Rizzo

But you can understand I'm trying to look out for the community and making sure that we're not adding to aerial -- you know there's ordinances right now the Public Utility Commission won't allow you to build a more than X number of homes, then they require under grounds facilities. So West Philadelphia is a neighborhood that's really moving forward and all I'm asking is why wasn't there a proposal to put these facilities underground. And the District Councilperson is here. As a Councilmember at-large, we work very closely together and I'm sure the District Councilperson would want 107 05/26/04 - STREETS - BILL 040497 to assure that the job is done the best way humanly possible. And in this day and age most facilities like this are placed underground, if possible, or required.

Councilman Dicicco

I'd like to acknowledge the presence of Councilwoman Jannie Blackwell who is a sponsor of this bill. She's joined us and she has some comments. Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam Chair. Let me thank everyone for being here and thank my colleague for his questions about this project. We have worked with the City, we've worked with Public Property, and we can assure you that this project was ready to go. We support it. We'd like to get this reported out if we can, Mr. Chairman, so that it can be voted on before our Council adjourns. Everybody was satisfied. We have no problems with it, and we worked with all the varying people in the community from the university to residents. And we're satisfied that there are 108 05/26/04 - STREETS - BILL 040497 no problems and that the project will be done well and that it will be done as it should. The City worked with us on it. I see Paul Lonie here. We've kind of worked it out. It wasn't always easy, but we've come through and we worked out the kinks so we're satisfied with the project.

Councilman Rizzo

Councilwoman, I just wanted to point out, and I'm sure you appreciate me pointing out, the fact is that there is an alternative to putting more wires on existing wood poles cluttering up a community unnecessarily. If there is an alternative, it should have been considered in the proposal to put these facilities underground.

Councilwoman Blackwell

I would love to tell you I know anything about this subject; however, I only know about our end of it. And once we put all the principals together and the varying City departments and they came back along with community support, then I assume that we're fine with it. I would like to -- if everyone would support it, 109 05/26/04 - STREETS - BILL 040503 to move ahead.

Councilman Dicicco

To the folks from Campus Technologies, I assume that you have a schedule and this may be time sensitive; is that correct?

Mr. Laver

That is correct, Mr. Chairman.

Councilman Dicicco

Thank you. I just wanted that for the record. Thank you.

Councilwoman Blackwell

Thank you, Mr. Chairman.

Councilman Dicicco

Any other questions for these witnesses from the Committee? (No response.)

Councilman Dicicco

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

Councilman Dicicco

Seeing none, the Clerk will read the title of the next bill.

The Clerk

Bill No. 040503, an ordinance authorizing Mayfair Community 110 05/26/04 - STREETS - BILL 040503 Development Corporation, 6810 Frankford Avenue, Philadelphia, its successors and assigns to construct own and maintain raised planters and benches from Harbison Avenue to Rhawn Street, and Cottman Avenue from Frankford Avenue to Leon Street, under certain terms and conditions.

Mr. Denny

Good afternoon, Chairman and Members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 14 0404503: This bill authorizes the Mayfair Community Development Corporation to construct, own and maintain raised planters and benches on the public footways of Frankford Avenue from Harbison to Rhawn Street and Cottman Avenue from Frankford to Leon. The encroachment describe follows: The Benches: The metal benches, colored black with anti-graffiti coating will not display any advertisement. The benches, located approximately 3 feet off the curbline 111 05/26/04 - STREETS - BILL 040503 come in two sizes, a foot length near the corners and a foot length mid block. The 4 benches, placed parallel to the curbline facing the building facade, will be anchored to the existing concrete sidewalk. It is anticipated that four benches will be installed per side per block face. Raised Planters: The metal planters, colored black with an anti-graffiti coating, are 30 inches in diameter by 30 inches high, located approximately three feet off the curbline. It is anticipated that four planters will be installed per side per block. Each planter will contain a tree. The Streets Department has reviewed the preliminary plans for this project and has no objection to the passage of the bill.

Councilman Dicicco

Thank you. Any questions for this witness from the Committee? (No response.)

Councilman Dicicco

Mr. Forkin, do you wish to testify?

Mr. Forkin

Just to say, Mr. 112 05/26/04 - STREETS - BILL 040503 Chairman --

Councilman Dicicco

Identify yourself again .

Mr. Forkin

My name is Tom Forkin. I'm Vice Chairman of the Mayfair Community Development Corporation. Just to say that obviously we're in total support of this particular bill. We will purchase, install and maintain the benches at our own cost. This is something that the merchants along Frankford Avenue and Cottman Avenue have asked us to do as well as their customers as well as visitors and other people that frequent the Avenue. We think this is a quality of life issue for the people in Mayfair, and we think this ultimately will be a good thing for the people that live, work and shop in the Mayfair area. Thank you.

Councilman Dicicco

Will the benches have a third arm in the center?

Councilman Dicicco

Thank you. Any other questions? Anyone else who wishes to testify? 113 05/26/04 - STREETS - BILL 040509

Mr. Forkin

Just for the record, this Al Merchandante (ph) the operations manager at the Mayfair CDC. He does the bulk of the work.

Councilman Dicicco

Welcome. Thank you. Good luck to you. The Clerk will read the title of the next bill.

The Clerk

Bill No. 040509, an ordinance authorizing the revision of City Plan No. 296 by relocating a portion of a certain right-of-way for drainage purposes, which lies between Shawmont Avenue and Cross Street, under certain terms and conditions.

Mr. Lonie

I'm sorry, Mr. Chairman, the number of that bill again?

Councilman Dicicco

509. Mr. LONIE: Thank you. Good afternoon, Mr. Chairman. My name is Paul Lonie, Survey Bureau Manager with the Department of Streets, and the Department would like to offer the following testimony on Bill No. 040509: This is not an Administration 114 05/26/04 - STREETS - BILL 040341 ordinance but an ordinance requested by Mr. William O'Brien of the Manayunk Law Office, 4322 Main Street for Valley Building & Construction Corporation. The purpose of ordinance is to relocate a portion of a certain right-of-way to facilitate new residential development. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Councilman Dicicco

Thank you. Any questions for this witness from the committee? (No response.)

Councilman Dicicco

Are there any non-government folks here who have to testify on a particular bill? If so, just tell me the Bill No. And we can do that one next. The Clerk read the title of the neck bill.

The Clerk

Bill No. 040341, an ordinance authorizing the construction of sewers and appurtenant work on portions of 115 05/26/04 - STREETS - BILL 040341 Opal Street.

Mr. Mccloskey

Good afternoon again, Mr. Chairman and Members of the Committee. My name is Paul McCloskey, I'm representing the Water Department of the City of Philadelphia. Bill No. 040341 authorizes the Water Department to construct a sewer in Opal Street from Dauphin Street to York Street. This block consist of row houses in the North Philadelphia area of the City. The properties are currently being serviced by a private sewer. The sewer has outlived its usefulness and requires total replacement. The failure of the sewer has created unsanitary conditions. In light of the fact that the residents are serviced by public water, the residents have requested a public sewer. An assessment shall be levied against the owners having frontage in order to absorb a portion of the cost of construction. We recommend that this bill be favorably reported out of Committee and also request a suspension of the Rules in light of 116 05/26/04 - STREETS - BILL 040469 the impending recess of City Council.

Councilman Dicicco

Thank you. Any questions for this witness from the Committee? (No response.)

Councilman Dicicco

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

Councilman Dicicco

Seeing none, the Clerk will read the title of the next bill.

The Clerk

Bill No. 040469, an ordinance authorizing the construction of sewers and appurtenant work in a portion of right-of-way for drainage, sewer and water main purposes in the bed of a private street known as Blakiston Lane.

Mr. Mccloskey

Good afternoon, Mr. Chairman and Members of the Committee. My name is Paul McCloskey. I'm with the City of Philadelphia Water Department. Blakiston lane is a private street in the Holmsburg area of the City. The bed of the street for the most part is a right-of-way 117 05/26/04 - STREETS - BILL 040469 for drainage and sewer and water main purposes. The south side of the street is a grouping of single family dwellings. The north side of the street is St. Dominic's Roman Catholic Cemetery. The block is currently being serviced by a water main, a private drain and a public sewer. The private drain has become deteriorated and outlived it's usefulness. The homeowners have requested the construction of a public sewer. An assessment will be levied against the homeowners having frontage in order to absorb a portion of the cost of construction in accordance with the Philadelphia Code. We recommend that this bill be favorably reported out of Committee and also request a suspension the Rules. Thank you very much.

Councilman Dicicco

How soon will this proceed?

Mr. Mccloskey

Roughly these things take about two years.

Councilman Dicicco

So we may have that other legislation in place that would 118 05/26/04 - STREETS - BILL 040469 cover some of the cost.

Mr. Mccloskey

Basically, what I've already done is initially the community had asked for us to take over the water main. The water main I discovered was constructed by the Holmesburg Water Company in around 1840. The Administration agreed with me that it was a public water main that we inherited from this defunct water company. In order to go in and maintain it, we asked the residents to grant us a right-of-way. An ordinance was passed last year for that, and most of the agreements has been signed. Seeing that the water main was going to be replaced, they developed problems with their sewers. Luckily I had put in the provisions for a sewer in the right-of-way agreement. Now we can just reconstruct the entire street. The Streets Department has agreed that we construct the water main and sewer that they will pave it for us.

Councilman Dicicco

Thank you. Any questions for this witness from the Committee? 119 05/26/04 - STREETS - BILL 040335 (No response.)

Councilman Dicicco

Anyone else who wishes to testify? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next bill.

The Clerk

Bill No. 040335, an ordinance authorizing Samuel Rappaport, Ltd., a.k.a. Samson Asset Management, 722 Market Street, Philadelphia, PA 19106, its successors and assigns, to construct, own and maintain raised planters on the public footways for nine properties in Center City, under certain terms and conditions.

Mr. Mautz

Good after, Chairman and Members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill 040335. This bill authorizes Samuel Rappaport Limited, a.k.a. Samson Asset Management to construct, own and maintain raised planters on the public footways for 120 05/26/04 - STREETS - BILL 040339 nine properties located in Center City. All planters, which are inches high with a 4 variable diameter, 21 inches at the base to 30 5 inches at the top, will be place adjacent to 6 the building face. A total of 30 planters are 7 proposed which will encompass the following 8 properties: 219 South Broad, 227-31 South 9 Broad, 337 South Broad, 1308 Chestnut, 1517 10 Chestnut, 1624 Chestnut, 2100 Chestnut, 722 11 Market and 726 Market street. 12 The Streets Department has reviewed 13 the plans and has no objection to the passage 14 of the bill. 15

Councilman Dicicco

Thank you. 16 Any questions for this witness from 17 the Committee? 18 (No response.) 19

Councilman Dicicco

Seeing none, 20 the Clerk will read the title of the next 21 bill. 22

The Clerk

Bill No. 040339, an 23 ordinance granting permission to Ratilal 24 Patel, owner of the newsstand at the southwest 25 corner of 15th Street and Ranstead Street, to 121 05/26/04 - STREETS - BILL 040339 construct, use and maintain an electrical conduit with an electrical service line and a telecommunications conduit with a telephone service line in and under the public rights-of-way for the purpose of supplying electrical service and telephone service to the newsstand, under certain terms and conditions.

Mr. Mautz

Good afternoon, Chairman and Members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I am here to offer the following testimony for Bill No. 15 040339. This bill grants permission to Ratilal Patel, owner of the newsstand at the southwest corner of 15th and Ranstead Street to construct, use and maintain electrical conduit with electric service line and a telecommunications conduit with a telephone service line in and under the public rights-of-way for the purpose of supplying electrical and telephone service to the newsstand. 122 05/26/04 - STREETS - BILL 040368 The Streets Department has reviewed the construction plans for this project and has no objection to the passage of the bill.

Councilman Dicicco

Thank you. Any questions for this witness from the Committee? (No response.)

Councilman Dicicco

Seeing none, The Clerk will read the title of the next bill.

The Clerk

Bill 040368, an ordinance granting permission to Well Grounded, a Comfortable Coffee, Inc., located at 3720-3724 Midvale Avenue, Philadelphia, PA 19129, to operate and maintain an open air sidewalk cafe on the east sidewalk of Midvale Avenue north of Ridge Avenue, under certain terms and conditions.

Mr. Mautz

Good afternoon, Chairman and Members of the Committee. My name IS William Mautz and I'm a Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 25 040368. 123 05/26/04 - STREETS - BILL 040399 This bill grants permission to Well Grounded, a Comfortable Coffee, Incorporated located at 3720-3724 Midvale Avenue to operate and maintain an open air sidewalk cafe on the east sidewalk of Midvale Avenue adjacent to the property. Four tables are proposed for the east sidewalk of Midvale Avenue. No rails will be used. A minimum of feet clear 10 width will be maintained for pedestrians. 11 The Streets Department has reviewed 12 the cafe plan and has no objection to the 13 passage of the bill. 14

Councilman Dicicco

Thank you. Any questions for this witness from the Committee? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next bill.

The Clerk

Bill No. 040399, an ordinance authorizing Peter Capolino, 604 South Front Street, Philadelphia, PA 19147, owner of the property 604 South Front Street, Philadelphia, his successors and assigns to 124 05/26/04 - STREETS - BILL 040399 construct and maintain a terrace projection, under certain terms and conditions.

Mr. Mautz

Good afternoon, Chairman and Members of the Committee. My name is William Mautz, and I'm a Construction Engineer with the Streets Department. I am here to offer the following testimony for Bill No. 9 040399: This bill authorizes Peter Capolino, owner of the property 604 South Front to construct and maintain a third floor terrace projection over the west footway of South Front Street. The terrace is feet wide and 15 will project 2 feet 6 inches over the public footway at a height of approximately 21 feet. The Streets Department has reviewed the construction plans for this project. As the encroachment does not adversely affect the public right-of-way, the Streets Department recommends passage of the bill.

Councilman Dicicco

Thank you. Any questions for this witness from the Committee? (No response.) 125 05/26/04 - STREETS - BILL 040425

Councilman Dicicco

Seeing none, the Clerk will read the title of the next bill.

The Clerk

Bill No. 040425, an ordinance authorizing John and Sharon Miller, 7800 Jackson Street, Philadelphia, PA 19136, owners of the property 7800 Jackson Street, a.k.a. 4400 Hartel Street, their successors and assigns, to construct and maintain privately owned underground water and sewer branch mains, under certain terms and conditions.

Mr. Mautz

Good afternoon, Chairman and Members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I am here to offer the following testimony for Bill 040425: This bill authorizes John and Sharon Miller 7800 Jackson Street, owners the property 7800 Jackson Street, also known as 4400 Hartel, to construct, own and maintain privately owned water and sewer branch mains which will connect to their new residence on Hartel Street. 126 05/26/04 - STREETS - BILL 040431 The Streets Department has reviewed the construction plans for the project and has no objection to the passage of the bill.

Councilman Dicicco

Thank you. Any questions for this witness from the Committee? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next bill.

The Clerk

Bill No. 040431, an ordinance authorizing Karl's Furniture, located at 724-6 Chestnut Street, Philadelphia, PA 19106, its successors and assigns, to construct, own and maintain a building addition on the north public footway of Ionic street, under certain terms and conditions

Mr. Mautz

Good afternoon, Chairman and Members of the Committee. My name is William Mautz, and I'm a Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 25 040431: 127 05/26/04 - STREETS - BILL 040502 This bill authorizes Karl's furniture, located at 724-26 Chestnut Street to construct and maintain a building addition on the north public sidewalk of Ionic Street adjacent to the rear of 726 Chestnut. The existing addition which is a steel structure approximately feet long by 3 feet by 12 9 feet high is used for storage of cardboard 10 boxes. The addition, which is mounted atop 11 the north sidewalk, is only accessible from 12 Ionic Street. 13 As the existing addition is located 14 on a street used primarily for commercial 15 deliveries and non-roll off dumpster 16 placement, the structure does not adversely 17 affect the public right-of-way. The Streets 18 Department recommends passage of this bill. 19

Councilman Dicicco

Thank you. 20 Any questions for this witness from the Committee? (No response.)

Councilman Dicicco

Seeing non, the Clerk will read the title of the next bill.

The Clerk

Bill No. O40502, an 128 05/26/04 - STREETS - BILL 040502 ordinance granting permission to Christy Garrett, owner of the property 201 North 36th Street, Philadelphia, PA 19104, to operate and maintain an open air sidewalk cafe on the northeast corner of North 36th and Race Streets, under certain terms and conditions.

Mr. Mautz

Good afternoon, Chairman and Members of the Committee. My name is William Mautz, and I'm a Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 13 040502. This bill grants permission to Christy Garrett, owner of the property 201 North 36th Street to operate and maintain an open air sidewalk cafe on the northeast corner of North 36th and Race Streets adjacent to the property. Nine tables are proposed for the north sidewalk of Race Street. No rails will be used. A minimum of 10 feet clear width will be maintained for pedestrians. The Streets Department has reviewed the cafe plan and has no objection to the passage of the bill. 129 05/26/04 - STREETS - BILL 040504

Councilman Dicicco

Thank you. Any questions for this witness? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next bill.

The Clerk

Bill No. 040504, an ordinance granting permission to TCG Delaware Valley, Inc., a Delaware corporation, its successors and assigns to construct, maintain and operate, replace, and remove telecommunications service connections and fiber optic cables for telecommunications purposes along, over, in and under the public rights-of-way of State Road, under certain terms and conditions.

Mr. Mautz

Good afternoon, Chairman and Members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I am here to offer the following testimony for Bill No. 23 040504: This bill authorizes TCG Delaware Valley to construct, operate and maintain an 130 05/26/04 - STREETS - BILL 040513 aerial and underground telecommunications service connection providing local telephone service to the Philadelphia prison facility on State Road. The Streets Department has reviewed the construction plans for this project and has no objection to the passage of the bill.

Councilman Dicicco

Thanks you. Any questions for this witness from the Committee? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next bill.

The Clerk

Bill No. 040513, an ordinance granting permission to Muhammed Shaukat, 6650 Kindred Street, Philadelphia, PA 19149, owner of the newsstand at the southwest corner of 10th Street and Market Street, to construct, use and maintain an electrical conduit with an electrical service line and a telecommunications conduit with a telephone service line in and under the public rights-of-way for the purpose of supplying 131 05/26/04 - STREETS - BILL 040513 electrical service and telephone service to the newsstand, under certain terms and conditions.

Mr. Mautz

Good afternoon, Chairman and Members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 10 040513: This bill grants permission to Muhammed Shaukat, owner of the newsstand at the southwest corner of 10th and Market Street to construct, use and main an electrical conduit with electrical service line and a telecommunications conduit with a telephone service line in and under the public rights-of-way for the purpose of supplying electrical and telephone service to the newsstand. The Streets Department has reviewed the proposed construction plan for this project and has no objection to the passage of the bill.

Councilman Dicicco

Thank you. 132 05/26/04 - STREETS - BILL 040515 Any questions for this witness from the Committee? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next bill.

The Clerk

Bill No. 040515, an ordinance authorizing Chemical Heritage Foundation, 315 Chestnut Street, Philadelphia, PA 19106-2702, its successors and assigns, to construct, own and maintain a variable height masonry retaining wall planter on the north footway of Chestnut Street adjacent to their property, under certain terms and conditions.

Mr. Mautz

Good afternoon, Chairman and Members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 21 040515: This bill authorizes Chemical Heritage Foundation, 315 Chestnut Street, to construction and maintain a variable height masonry retaining wall planter on the north 133 05/26/04 - STREETS - BILL 040516 footway of Chestnut Street adjacent to the property. The wall is approximately 50 feet in length and encroaches feet onto the north 5 footway of Chestnut Street, leaving 12 feet of clear unobstructed footway. The Streets Department has reviewed the plans and has no objection to the passage of the bill.

Councilman Dicicco

Thank you. Any questions for this witness from the Committee? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next bill.

The Clerk

Bill No. 040516 an ordinance granting permission to Starbucks Coffee Company, tenant of the property located at 2201-19 South Broad Street, to operate and maintain an open air sidewalk cafe on the east footway of South Broad Street south of Jackson Street, under certain terms and conditions.

Mr. Mautz

Good afternoon, Chairman and Members of the Committee. My name is William Mautz and I'm a Construction Engineer 134 05/26/04 - STREETS - BILL 040518 with the Streets Department. I'm here to offer the following testimony for Bill No. 4 040516: This bill grants permission to Starbucks Coffee Company, tenants of the property 2201-19 South Broad Street to operate an open air sidewalk cafe on the east sidewalk of Broad Street adjacent to the property. Four tables and one ADA table are proposed which will leave feet of clear, 12 unobstructed footway. No rails will be used. 13 The Streets Department has reviewed 14 the cafe plan as has no objection to the 15 passage of the bill.

Councilman Dicicco

Thank you. Any questions for this witness? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next bill.

The Clerk

Bill No. 040518, an ordinance authorizing Thomas Jefferson University, Suite 2100, 130 South Ninth Street, Philadelphia, its successors and 135 05/26/04 - STREETS - BILL 040518 assigns to construct, own and maintain an underground pneumatic conduit ductbank connecting two hospital campus buildings in the vicinity of 10th and Chestnut Streets, under certain terms and conditions.

Mr. Mautz

Good afternoon, Chairman and Members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill 040519: This bill authorizes Thomas Jefferson University to construct, own and maintain an underground pneumatic ductbank connecting two hospital campus buildings in the vicinity of 10th and Chestnut Streets. The ductbank consisting of two pneumatic conduits and two spare conduits will connect hospital buildings 925 Chestnut to 1000 to 1032 Chestnut Street. The Streets Department has reviewed the construction plans for this project and has no objection to the passage of the bill.

Councilman Dicicco

Any questions for this witness from the Committee? 136 05/26/04 - STREETS - BILL 040523 (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next bill.

The Clerk

Bill No. 040523, an ordinance authorizing the paving of Country Club Boulevard, Palmer Drive, Par Drive, Nicklaus Drive, and Player Drive, under certain terms and conditions.

Mr. Lonie

Good afternoon, Mr. Chairman and Members of the Committee. My name is Paul Lonie, Survey Bureau Manager for the Department of Streets. The Department would like to offer the following testimony on Bill 040523. This is not an Administrative ordinance, but an ordinance requested by Mr. Charles Durkin of Durkin Associates, Special Care Building, 717 Bethlehem Pike, Erdenheim, PA 19038. The purpose of this ordinance is to pave these new streets to facilitate new residential development.

Councilman Dicicco

Any questions 137 05/26/04 - STREETS - BILL 040523 for this witness from the Committee?

Councilman Cohen

Mr. Lonie, what is your title with the Streets Department?

Mr. Lonie

Survey Bureau Manager.

Councilman Cohen

What is your relationship compared to Mr. Denny's work?

Mr. Lonie

We work for the Streets Department. He's in the traffic engineer section. My relationship is kind of in the legal section of the City Plan and the streets and the surveying end of things, the lines and grades of the streets.

Councilman Cohen

Does your work ever intersect?

Mr. Lonie

We work together on a lot of different things. Sometimes the movement or whatever the traffic coincides with the narrowing of widening of streets, the opening and closing of streets, the placing of streets on the City Plan, different things like that. We do work together quite often.

Councilman Cohen

I would ask the Chairman of the Committee to continue either this case with the understanding Mr. Denny 138 05/26/04 - STREETS - BILL 040337 would also be available for discussion and you would be further available until tomorrow afternoon at some point after the Council meeting at either 2 or 2:30, something like that, because I have a line of questions that I think I've got to find out about the procedure of both the inspection department and engineering department. I think you and Mr. Denny are two critical factors. So I'm going to make that request of the Chairman, to continue action on this bill and direct the two of you be available for tomorrow or as soon as the chairman is able to work that out. It has to be a time certain.

Mr. Lonie

Some of these bills are time critical.

Councilman Cohen

Let's recess for one minute. (Brief recess.)

Councilman Dicicco

The Clerk will read the title of the next bill.

The Clerk

Bill No. 040337, an ordinance amending Section 2 of an ordinance, Bill No. 020741, approved January 23, 2003, 139 05/26/04 - STREETS - BILL 040337 entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 58 by striking from the City Plan and vacating Warnock Street from Wallace Street to Melon Street; by reserving and placing on the City plan a right-of-way for drainage purposes, water main purposes and public utility purposes within the bed of Warnock Street, under certain terms and conditions," by extending the time for compliance with the conditions stated therein.

Mr. Lonie

Good afternoon, Mr. Chairman and Members of the Committee. I'd like to offer the following testify on Bill 16 No. 040337. This is not an Administrative ordinance. The original purpose of this ordinance is to extend the time period to legally strike Warnock Street from the City Plan This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Mr. Soffer

Mr. Chairman, Members 140 05/26/04 - STREETS - BILL 040337 of the Streets and Services Committee, my name is Martin Soffer, City Planner, and I'm here to testify on behalf of the City Planning Commission. The proposed ordinance authorizes the striking from the City Plan and vacating of a minor street located in the West Poplar section of Lower North Philadelphia. The purpose of this ordinance is to permit the development of a nursing care facility within the Model Cities Urban Renewal Area. The Planning Commission reviewed and approved a Redeveloper's Agreement between the Redevelopment Authority and Friends Rehabilitation Program, Inc., that supports this action at its meeting of May 22, 2002. Therefore, by action at its meeting of May 22, 2002, the Planning Commission recommends that Bill No. 040337 be approved. Thank you.

Councilman Dicicco

Thank you. Any questions for this witness from the Committee? (No response.)

Councilman Dicicco

Seeing none, 141 05/26/04 - STREETS - BILL 040338 the Clerk will read the title of the next bill.

The Clerk

Bill No. 040338 an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 119 by striking from the City Plan and vacating Perth Street and widening Franklin Street, both from Jefferson Street to Oxford Street, under certain terms and conditions.

Mr. Lonie

This is not an Administrative ordinance but an ordinance 13 requested by Housing Development Corporation, 1234 Market Street, Philadelphia. The purpose of this bill is to strike and vacate Perth Street to facilitate a new housing development. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Mr. Soffer

Good afternoon, Mr. Chairman and Members of the Streets and Services Committee. My name is Martin Soffer, City Planner, and I'm here to testify on behalf of the City Planning Commission. The 142 05/26/04 - STREETS - BILL 040463 proposed ordinance authorizes the striking from the City Plan and the vacating of a minor street, 30 feet wide, located in the Ludlow section of Lower North Philadelphia. The propose of this ordinance is to permit the development of residential homeownership 8 dwelling units within the Model Cities Urban 9 Renewal Area. The Planning Commission 10 reviewed and approved a Redeveloper's 11 Agreement between the Redevelopment Authority 12 and Ludlow Village Development Corporation, 13 Inc., that supports this action at its meeting 14 of April 7, 2003. Therefore, by action at its 15 meeting of April 7, 2003, the Planning 16 Commission recommends that Bill No. 040338 be 17 approved. 18

Councilman Dicicco

Thank you. 19 Any questions for this witness from 20 this Committee? 21 (No response.) 22

Councilman Dicicco

The Clerk will read the title of the next bill.

The Clerk

040463, an ordinance 25 amending Section 2 of an ordinance, Bill No. 143 05/26/04 - STREETS - BILL 040463 020430, approved November 13, 2002, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 5 312 by striking from the City Plan and vacating the legally open portions of Jackson Street from Pearson Street to Aubrey Street, under certain terms and conditions," by extending the period for compliance with the authorization conditions therein.

Mr. Lonie

Good after Mr. Chairman and Members of the Committee. My name is Paul Lonie, Survey Bureau Manager of the Department of Streets, and the Department would like to offer the following testimony on Bill No. 16 040463: This is not an Administrative ordinance, but an ordinance requested by Ms. Nina Landsberg, Esquire, 1608 Walnut Street, Suite 401, Philadelphia who represents Ray Fabrizio. The purpose of this ordinance is to extend the time period to legally strike and vacate Jackson Street from the City plan. This ordinance is supported by the 144 05/26/04 - STREETS - BILL 040463 Department of Streets and is recommended to your Committee for favorable action.

Mr. Soffer

Good afternoon, Mr. Chairman and Members of the Streets and Services Committee. My name his Martin Soffer, City Planner, and I'm here to testify on behalf of the City Planning Commission. The proposed ordinance authorizes the striking from the City Plan and vacating the legally open portion of an unneeded paper street located in a Torresdale section of Northeast Philadelphia. The purpose of this ordinance is to permit future residential development. Therefore, by testimony at the Streets and Services Committee hearing on October 8, 2002, the Planning Commission recommends that this street striking be approved.

Councilman Ramos

Thank you. Are there any questions for these witnesses from the Committee? (No response.)

Councilman Dicicco

That being so, the Clerk will call up the next bill. 145 05/26/04 - STREETS - BILL 040499

The Clerk

040499, an ordinance 3 authorizing the revision of lines and grades on a portion of City Plan No. 46-S in the area of Geary Street and 20th Street, under certain terms and conditions.

Mr. Lonie

Good afternoon, Mr. Chairman and Members of the Committee. My name is Paul Lonie, Survey Bureau Manager of the Department of Streets, and the Department would like to offer the following testimony on Bill No. 040499. This is not an Administration ordinance, but an ordinance requested by Peter Kelson, Blank Rome LLP, One Logan Square, 18th an Cherry Streets, Philadelphia. The purpose of ordinance is to revise the street layout in this area to facilitate a revised development plan proposed by Westrum Development Company. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Mr. Soffer

Good afternoon, Mr. Chairman and Members of the Streets and 146 05/26/04 - STREETS - BILL 040499 Services Committee. My name is Martin Soffer, City Planner, and I'm here to testify on behalf of the City Planning Commission. The proposed ordinance authorizes the striking and vacating from the City Plan of certain streets and the placing on the City Plan of certain residential streets in the Packard Park section of South Philadelphia. The purpose of this ordinance is to permit the construction of semi-detached 12 dwellings and 6 apartment buildings for a 13 total of 228 residential units. 14 The Planning Commission approved the 15 preliminary plan of subdivision on January 20, 16 2004. Therefore, by action at its meeting on 17 January 20, 2004, the Planning Commission 18 recommends that Bill No. 040499 be approved. 19 Thank you. 20

Councilman Ramos

Thank you. 21 Anyone in favor or against this bill who wants 22 to testify? 23 (No response.)

Councilman Ramos

That being so, the Clerk title of the next bill. 147 05/26/04 - STREETS - BILL 040505

The Clerk

Bill No. 040505, an ordinance authorizing the striking from City Plan Nos. 270 and 258 of Sanger Street from Tacony Street to westerly Pierhead Line of the Delaware River, under certain terms and conditions.

Mr. Lonie

Good afternoon, Mr. Chairman and Members of the Committee. My name is Paul Lonie, Survey Bureau Manager of the Department of Streets, and the Department would like to offer the following testimony on Bill No. 040505: This is not Administration ordinance, but an ordinance requested by Mr. Patrick Heron, Legend Properties, 625 Ridge Pike, Suite A-107, Conshohocken, PA, who represents Arsenal Associates. The purpose of this ordinance is remove this paper street from the Frankford Arsenal Business Center to facilitate economic expansion. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action. 148 05/26/04 - STREETS - BILL 040505

Mr. Soffer

Good afternoon, Mr. Chairman and Members of the Streets and Services Committee. My name is Martin Soffer, City Planner, and I'm here to testify on behalf of the City Planning Commission. The proposed ordinance authorizes the striking from the City Plan and vacating of an unneeded paper street within the Arsenal Business Center located in the Bridesburg section of Northeast Philadelphia. The purpose of this ordinance is to permit Arsenal Associates to assemble a parcel of land for future commercial development. The Planning Commission staff reviewed and tentatively approved this street action on March 4, 2004. Therefore, the Planning Commission recommends Bill No. 040505 be approved.

Councilman Ramos

Thank you. Anyone else here that wishes to testify for or against this bill? (No response.)

Councilman Ramos

That being so, the Clerk will read the title of the next 149 05/26/04 - STREETS - BILL 040507 bill.

The Clerk

Bill No. 040507, an ordinance authorizing the revision of lines and grades on City Plan Nos. 286 and 288 in the vicinity of Glengarry Road and St. Andrew Road, under certain terms and conditions.

Mr. Lonie

Good afternoon, Mr. Chairman and Members of the Committee. My name is Paul Lonie, Survey Bureau Manager of the Department of Streets, and the Department would like to offer the following testimony on Bill No. 040507. This is not an administration ordinance, but an ordinance requested by Mr. Samuel Blake, Sparango Blake Builders, Villanova, Pennsylvania. The purpose of this ordinance is to strike Glengarry Road from the City Plan to gain more usable space. This ordinance supported by the Department of Streets and is recommended to your Committee for favorable action.

Mr. Soffer

Good afternoon, Mr. Chairman and Members of Streets and Services 150 05/26/04 - STREETS - BILL 040510 Committee. My name is Martin Soffer, City Planner, and I'm here to testify on behalf of the City Planning Commission. The proposed ordinance authorizes the striking from the City Plan and the vacating of unneeded portion of a minor street located in the Chestnut Hill section of Northwest Philadelphia. The Planning Commission staff reviewed and tentatively approved this action on March 4, 2004. Therefore, the Planning Commission recommends that Bill No. 040507 be approved.

Councilman Ramos

Thank any. Anyone else to testify in favor or against this bill? (No response.)

Councilman Ramos

That being so, the Clerk will read the title of the next bill.

The Clerk

Bill No. 040510 an ordinance authorizing the revision of line and grades of an area of City Plan No. 196 bounded by Trenton Avenue, Cambria Street, Tulip 151 05/26/04 - STREETS - BILL 040510 Street, and Rush Street, under certain terms and conditions.

Mr. Lonie

Good afternoon, Mr Chairman and Members of the Committee. My name is Paul Lonie, Survey Bureau Manager of the Department of Streets, and the Department would like to offer the following testimony on Bill No. 040510. This is not an administrative ordinance, but an ordinance requested by Mr. Matthew Walker, Redevelopment Authority, 1234 Market Street, 16th Floor, for the Philadelphia School District. The purpose of this ordinance is to strike and vacate these streets to facilitate the construction of New Willard Elementary School. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Mr. Soffer

Good afternoon, Mr. Chairman and Members of the Streets and Services Committee. My name is Martin Soffer, City Planner, and I'm here to testify on 152 05/26/04 - STREETS - BILL 040512 behalf of the City Planning Commission. The proposed ordinance authorizes the striking from the City Plan and the vacating of three minor streets located in the Kensington section of North Philadelphia. The purpose of this ordinance is to assist the School District of Philadelphia assemble a parcel of land for the development of the Willard Elementary School. The Planning Commission reviewed and approved a Blight Certification of this area on November 18, 2003. Therefore, the Planning Commission recommends that Bill No. 040510 be approved.

Councilman Ramos

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

Councilman Ramos

That being so, the Clerk will read the title of the next bill.

The Clerk

Bill No. 040512, an ordinance amending Section 2 of an ordinance, Bill No. 020257, approved September 6, 2002, 153 05/26/04 - STREETS - BILL 040512 entitled "An ordinance authorizing the revision of lines and grads on a portion of City Plan No. 308 by relocating the northerly curb line of St. James Street approximately three feet northwardly, from West Washington Square to a point approximately 116 feet westwardly therefrom; by relocating the northerly curb line of St. James Street approximately feet 6 inches northwardly 11 from Eighth Street to a point approximately 136 feet eastwardly therefrom, all under certain terms and conditions, including the dedication of widened portion of St. James Street by extending the period for compliance with the authorization conditions therein."

Mr. Lonie

Good afternoon, Mr. Chairman and Members of the Committee. My name is Paul Lonie, Survey Bureau Manager of the Department of Streets, and the Department would like to offer the following testimony on Bill No. 040512. This is not an Administrative ordinance, but an ordinance requested by Mr. Peter Shaw, P+A Associates, the Wallace 154 05/26/04 - STREETS - BILL 040512 Building, 642 North Broad Street, Philadelphia, PA, who represents St. James Associates Joint Venture. The purpose of this ordinance is to extend the time period to grant the legal authority to widen the cartway of St. James Street to accommodate the entryway of a high rise complex. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Mr. Soffer

Good afternoon, Mr. Chairman and Members of the Streets and Services. My name is Martin Soffer, City Planner, and I'm here to testify behalf of the City Planning Commission. The proposed ordinance authorizes the relocation of the curb and house lines of a minor street located in the Washington Square West section of Center City. The purpose of this ordinance is to allow the construction of a new entrance and turnaround for a proposed 45-story apartment building. The Planning Commission supported 155 05/26/04 - STREETS - BILL 040522 variances for this development at its meeting of June 29, 1999. Therefore, by action at its meeting of June 29, 1999, the Planning Commission recommends that Bill No. 040512 be approved.

Councilman Ramos

Thank you. Anyone else to testify in favor or against this bill? (No response.)

Councilman Ramos

The Clerk will read the title of the next bill.

The Clerk

Bill No. 040522, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 396 in an area bounded by Red Lion road, Global Road and Gantry Road, under certain terms and conditions.

Mr. Lonie

Good afternoon, Mr. Chairman and Members of the Committee. My name is Paul Lonie, Survey Bureau Manager of the Department of Streets, and the Department would like to offer the following testimony on Bill No. 040522. This is not an Administrative 156 05/26/04 - STREETS - BILL 040522 ordinance, but an ordinance requested by Mr. Charles Durkin of Durkin Associates, Special Care Building, 717 Bethlehem Pike, Erdenheim, PA. The purpose of this ordinance is to place new streets on the City Plan to facilitate new residential development. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Mr. Soffer

Good afternoon, Mr. Chairman and Members of the Streets and Services Committee. My name is Martin Soffer, City Planner, and I'm here to testify on behalf of the City Planning Commission. The proposed ordinance authorizes the placing on the City Plan of new residential streets to allow for the construction of 56 single-family detached dwelling units in the Bustleton section of Far Northeast Philadelphia. The Planning Commission approved the preliminary plat of subdivision on March 24, 2004. Therefore, by action at its meeting on 157 05/26/04 - STREETS - BILL 040522 March 24, 2004, the Planning Commission recommends that Bill 040522 be approved.

Councilman Ramos

Anyone else to testify in favor or against this bill? (No response.)

Councilman Ramos

That being so, is there any other bills?

Councilman Ramos

We will recess for a couple minutes. (Brief recess.)

Councilman Dicicco

We are going to hold Bill No. 040370 until Friday morning, May 28th at 11 o'clock a.m. in this Chambers. - - - - 158 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING COMMITTEE ON STREETS AND SERVICES - - - - May 26, 2004 - - - - Public meeting conducted by the Committee on Streets and Services, held in Room 400, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILLS 040265, 040335, 040337, 040338, 040339, 040340, 040341, 040364, 040366, 040368, 040370, 040371, 040399, 040400, 040425, 040431, 040463, 040464, 040469, 040471, 040497, 040499, 040502, 040504, 040505, 040507, 040509, 040510, 040511, 040512, 040513, 040515, 040516, 040517, 040518, 040522, 040523. PRESENT: COUNCILMAN FRANK DICICCO, Chair COUNCILMAN DAVID COHEN COUNCILMAN JUAN RAMOS COUNCILMAN MICHAEL NUTTER COUNCILMAN RICHARD MARIANO COUNCILMAN FRANK RIZZO COUNCILWOMAN DONNA REED MILLER COUNCILMAN DARRELL CLARKE COUNCILWOMAN JANNIE BLACKWELL 159 05/26/04 - STREETS - PUBLIC MEETING

Councilman Dicicco

We will now move into the public meeting. Let the record reflect that bill 5 040400 is being held. The Chair recognizes Councilman Ramos.

Councilman Ramos

Mr. Chairman, is there a suspension of Rules for all these bills?

Councilman Dicicco

To the best of my knowledge, yes.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040265 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040265 be reported out of Committee with a favorable recommendation, and the further recommendation that the Rules of Council be suspended. 160 05/26/04 - STREETS - PUBLIC MEETING All those in favor, signify by saying aye. (Aye.)

Councilman Dicicco

Those opposed? (No response.)

Councilman Dicicco

The bill is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040335 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040335 be reported out of Committee with a favorable recommendation, and the further recommendation that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.) 161 05/26/04 - STREETS - PUBLIC MEETING

Councilman Dicicco

Those opposed? (No response.)

Councilman Dicicco

The bill is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040337 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040337 be reported out of Committee with a favorable recommendation, and the further 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 is 162 05/26/04 - STREETS - PUBLIC MEETING approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040338 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040338 be reported out of Committee with a favorable recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I 163 05/26/04 - STREETS - PUBLIC MEETING make a motion that Bill No. 040339 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040339 be reported out of Committee with a favorable recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040340 be reported out of Committee with a favorable recommendation with a further recommendation 164 05/26/04 - STREETS - PUBLIC MEETING that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040340 be reported out of Committee with a favorable recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040341 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. 165 05/26/04 - STREETS - PUBLIC MEETING (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040341 be reported out of Committee with a favorable recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040364 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040364 be reported 166 05/26/04 - STREETS - PUBLIC MEETING out of Committee with a favorable recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040366 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040366 be reported out of Committee with a favorable recommendation, and the further recommendation that the Rules of Council be suspended. 167 05/26/04 - STREETS - PUBLIC MEETING All those in favor, signify by saying aye. (Aye.)

Councilman Dicicco

Those opposed? (No response.)

Councilman Dicicco

The bill is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040368 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040368 be reported out of Committee with a favorable recommendation, and the further recommendation that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.) 168 05/26/04 - STREETS - PUBLIC MEETING

Councilman Dicicco

Those opposed? (No response.)

Councilman Dicicco

The bill is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040371 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040371 be reported out of Committee with a favorable recommendation, and the further 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 is 169 05/26/04 - STREETS - PUBLIC MEETING approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040399 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040399 be reported out of Committee with a favorable recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I 170 05/26/04 - STREETS - PUBLIC MEETING make a motion that Bill No. 040425 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040425 be reported out of Committee with a favorable recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040431 be reported out of Committee with a favorable recommendation with a further recommendation 171 05/26/04 - STREETS - PUBLIC MEETING that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040431 be reported out of Committee with a favorable recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040463 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. 172 05/26/04 - STREETS - PUBLIC MEETING (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040463 be reported out of Committee with a favorable recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040464 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040464 be reported 173 05/26/04 - STREETS - PUBLIC MEETING out of Committee with a favorable recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040469 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040469 be reported out of Committee with a favorable recommendation, and the further recommendation that the Rules of Council be suspended. 174 05/26/04 - STREETS - PUBLIC MEETING All those in favor, signify by saying aye. (Aye.)

Councilman Dicicco

Those opposed? (No response.)

Councilman Dicicco

The bill is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that an amendment to Bill No. 12 040471 be approved. (Duly seconded.)

Councilman Dicicco

Properly moved and second that Bill No. 040471 be amended. All those in favor, signify by saying aye. (Aye.)

Councilman Dicicco

Those opposed? (No response.)

Councilman Dicicco

The bill is amended. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040471, as 175 05/26/04 - STREETS - PUBLIC MEETING amended, be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040471, as amended, be reported out of Committee with a favorable recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040497 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to 176 05/26/04 - STREETS - PUBLIC MEETING allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040497 be reported out of Committee with a favorable recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040499 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.) 177 05/26/04 - STREETS - PUBLIC MEETING

Councilman Dicicco

Properly moved and seconded that Bill No. 040499 be reported out of Committee with a favorable recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040502 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040502 be reported out of Committee with a favorable 178 05/26/04 - STREETS - PUBLIC MEETING recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040503 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040503 be reported out of Committee with a favorable recommendation, and the further recommendation that the Rules of Council be suspended. All those in favor, signify by 179 05/26/04 - STREETS - PUBLIC MEETING saying aye. (Aye.)

Councilman Dicicco

Those opposed? (No response.)

Councilman Dicicco

The bill is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040504 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040504 be reported out of Committee with a favorable recommendation, and the further recommendation that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.)

Councilman Dicicco

Those opposed? 180 05/26/04 - STREETS - PUBLIC MEETING (No response.)

Councilman Dicicco

The bill is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040505 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040505 be reported out of Committee with a favorable recommendation, and the further 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 is approved. 181 05/26/04 - STREETS - PUBLIC MEETING Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040507 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040507 be reported out of Committee with a favorable recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040509 be reported 182 05/26/04 - STREETS - PUBLIC MEETING out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040509 be reported out of Committee with a favorable recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040510 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to 183 05/26/04 - STREETS - PUBLIC MEETING allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040510 be reported out of Committee with a favorable recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040511 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.) 184 05/26/04 - STREETS - PUBLIC MEETING

Councilman Dicicco

Properly moved and seconded that Bill No. 040511 be reported out of Committee with a favorable recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040512 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040512 be reported out of Committee with a favorable 185 05/26/04 - STREETS - PUBLIC MEETING recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040513 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040513 be reported out of Committee with a favorable recommendation, and the further recommendation that the Rules of Council be suspended. All those in favor, signify by 186 05/26/04 - STREETS - PUBLIC MEETING saying aye. (Aye.)

Councilman Dicicco

Those opposed? (No response.)

Councilman Dicicco

The bill is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040515 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040515 be reported out of Committee with a favorable recommendation, and the further recommendation that the Rules of Council be suspended. All those in favor, signify by saying aye. (Aye.)

Councilman Dicicco

Those opposed? 187 05/26/04 - STREETS - PUBLIC MEETING (No response.)

Councilman Dicicco

The bill is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040516 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040516 be reported out of Committee with a favorable recommendation, and the further 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 is approved. 188 05/26/04 - STREETS - PUBLIC MEETING Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040517 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040517 be reported out of Committee with a favorable recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040518 be reported 189 05/26/04 - STREETS - PUBLIC MEETING out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040518 be reported out of Committee with a favorable recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040522 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to 190 05/26/04 - STREETS - PUBLIC MEETING allow for first reading at our next Council Session. (Duly seconded.)

Councilman Dicicco

Properly moved and seconded that Bill No. 040522 be reported out of Committee with a favorable recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Ramos

Mr. Chairman, I make a motion that Bill No. 040523 be reported out of Committee with a favorable recommendation with a further recommendation that the Rules of Council be suspended to allow for first reading at our next Council Session. (Duly seconded.) 191 05/26/04 - STREETS - PUBLIC MEETING

Councilman Dicicco

Properly moved and seconded that Bill No. 040523 be reported out of Committee with a favorable recommendation, and the further 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 is approved. Councilman Ramos.

Councilman Dicicco

For the record I want, to go back to Bill 040497. Councilmember Rizzo wishes to be cast as a no 18 vote on that bill. I thank the Committee. Thank you for your patience and today in attending this hearing. Again, I want to remind you, the Committee is recessed until 11:00 a.m. this Friday, the 28th of May. Thank you. (Council adjourned at 5:00 p.m.) 192 C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Wednesday, May 26, 2004, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE ON STREETS AND SERVICES _________________________ Lisa C. Bradley, RPR