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Minutes

Committee Hearing, May 28, 2004

Philadelphia City Council Committee HearingsMay 28, 2004

COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING COMMITTEE ON STREETS - - - - Room 400, City Hall Philadelphia, Pennsylvania Friday, May 28, 2004 11:25 a.m. - - - - BILL 040370 - an ordinance amending the ordinance approved January 3, 1992, Bill No. 10 1205-AA, which pursuant to Subsection 9-204, Section (8)(a) of Philadelphia Code, designates the locations in Center City at which vending is permitted, by deleting all permitted vending locations on both sides of Eighth Street between Market and Chestnut Streets PRESENT: COUNCILMAN JUAN RAMOS, Vice Chair

Councilman David Cohen Also Present

Ellen Berkowitz Rosalie Leonard - - - - 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 PAGE PAUL LONIE, Streets Dept........... CHARLES DENNY, Streets Dept........ 29 3 05/28/04 - STREETS - BILL 040370

Councilman Ramos

Good morning, everyone. This is a continued hearing of the Committee on Streets and Services from May the 26th. The Clerk will read the title of the first bill.

The Clerk

An ordinance amending the ordinance approved January 3, 1992, Bill 10 No. 1205-AA, which pursuant to Subsection 9-204, Section (8)(a) of Philadelphia Code, designates the locations in Center City at which vending is permitted, by deleting all permitted vending locations on both sides of Eighth Street between Market and Chestnut Streets.

Councilman Ramos

Thank you. I am Councilman Juan Ramos, Vice Chair of the Committee on Streets and Services. To my left, a fellow member of this Committee, Councilman David Cohen. At this time I would like to call to the witness table Paul Lonie and Mr. Charles Denny. At this time, I'll turn over the 4 05/28/04 - STREETS - BILL 040370 microphone to my esteemed colleague Councilman Cohen.

Councilman Cohen

Thank you, Councilman Ramos. How did this ordinance develop? How did you get involved in this ordinance?

Mr. Lonie

The ordinance that's before the Committee today, sir?

Councilman Cohen

Yes.

Mr. Lonie

It's generally presented to the Streets Department --

Councilman Cohen

I'm not going to ask you to give me reports on general things. I asked the question, how did you get involved in this particular ordinance, not how you get involved generally. If I have a question about dealing with things generally, I will make that.

Mr. Lonie

This was an ordinance 21 requested by Councilman DiCicco.

Councilman Cohen

And when you get such an order or request, what do you do? Do you docket it in any way?

Mr. Lonie

With this type of 5 05/28/04 - STREETS - BILL 040370 ordinance, I'm not particularly sure, sir. I don't know.

Councilman Cohen

What's that?

Mr. Lonie

With this particular type of ordinance where they're dealing with street vendors and things like that, that's really a Councilmanic decision where they choose to place or not place vendors within a certain geographic location.

Councilman Cohen

There's no safety factor involved at all?

Mr. Lonie

We would like to make sure that there's no conditions that are created by having too narrow the sidewalk.

Councilman Cohen

So there are --

Mr. Lonie

There are some things that are looked at in this type of a situation, yes.

Councilman Cohen

So a Councilmember may ask for something that creates a problem or may not create a problem. How do you find that out, whether it creates a problem or not?

Mr. Lonie

Generally, we go by ADA 6 05/28/04 - STREETS - BILL 040370 requirements and things like that in this type of an ordinance. If there's a newsstand --

Councilman Cohen

Could you speak directly into the microphone. I'm getting a general mumble.

Mr. Lonie

I'm sorry.

Councilman Cohen

That's better.

Mr. Lonie

If someone wants to vend on a street and it upsets the ADA requirements which is for a minimum of five feet of street clearance, then we would object to that simply for safety reasons.

Councilman Cohen

Yes, go ahead.

Mr. Lonie

And the City Plan has a certain street width for the sidewalk. And if this vendor wanted to locate in a place that's too narrow, we would object to that.

Councilman Cohen

Now, to object to any of those things, you'd have to have that information, right?

Mr. Lonie

That's correct.

Councilman Cohen

Now, you don't know that offhand, do you, about every place in the City? 7 05/28/04 - STREETS - BILL 040370

Mr. Lonie

We do. Every place in the City must be on the City Plan with a designated street with a sidewalk width.

Councilman Cohen

But don't you have to check it out to see whether that's the case?

Mr. Lonie

If someone comes to us with a question of the correctness of that, we would go check it out. But other than that, the street widths and the sidewalks are set by Council, they're not necessarily set by us. You authorize us to make those widths, so we have to keep records of the width of every sidewalk, legal sidewalk, that is, in the City.

Councilman Cohen

And if I wanted to know at a given time whether there had been a request from anybody, from a Councilman or from anybody for a change in a situation affecting vendors, how could I as a citizen of this City find that out? Could I call the Streets Department to find out has any request been made for a change?

Mr. Lonie

You could call the 8 05/28/04 - STREETS - BILL 040370 Streets Department, the head of our right-of-way unit is a man by the name of John Cunningham, you could direct your questions to him. It's his unit that would deal with those types of situations.

Councilman Cohen

How would he have known whether Councilman DiCicco or anybody else requested this change?

Mr. Lonie

I'm sure in his -- I'm not sure specifically how he does it, but I'm sure, like any other place in the City, when there's a Councilmanic request we keep a record of that because we must respond to it within a certain time period.

Councilman Cohen

Where do you keep a record of it?

Mr. Lonie

It would be kept in the individual units that deal with that sort of thing. Again, that's on the 9th floor of the Municipal Services Building, the right-of-way unit is where those records would be kept.

Councilman Cohen

And is there any standard for the keeping of those records?

Mr. Lonie

Standard within the 9 05/28/04 - STREETS - BILL 040370 unit, not standard throughout the Department.

Councilman Cohen

What's that again?

Mr. Lonie

It would be standard within the individual units, not standard throughout the entire Streets Department on how those records are kept.

Councilman Cohen

You mean the unit could decide whether it wanted to keep a record or didn't want to?

Mr. Lonie

No, no. They all must keep records, but how specifically those records are kept are up to the individual units, not necessarily --

Councilman Cohen

What would be the information in the record?

Mr. Lonie

When the request was made, who the request came from, and any action taken on the request, and that's kept all by the individual units. Whether it's a City Plan change that's kept by my unit; a traffic change, that's kept by Charlie's unit or; again, a right-of-way which in this case it would be kept by John Cunningham, the 10 05/28/04 - STREETS - BILL 040370 right-of-way manager.

Councilman Cohen

Would that record be available to the public?

Mr. Lonie

Of course.

Councilman Cohen

How is it available? Can a request be made for the record and a copy furnished?

Mr. Lonie

Absolutely. It's part of the public record.

Councilman Cohen

What's that?

Mr. Lonie

It's part of the public record. The files we keep are discoverable and anybody can basically have access to them unless it's privileged information, if we deal with the Law Department. But other than that, everything is public record. Any dealings we have with the public would be --

Councilman Cohen

Well, I don't know what you mean when you say it's a public record. I know what a public record is supposed to be. But how does the citizen learn that it's a public record? How does the citizen get the information on the public record? 11 05/28/04 - STREETS - BILL 040370

Mr. Lonie

If they call the Streets Department, they would be directed to the right-of-way unit and that person would be told exactly how they could get that information.

Councilman Cohen

Will the information be furnished in writing?

Mr. Lonie

If there is written information. If this was not a verbal or an e-mail request from a Councilmember, then, yes, of course.

Councilman Cohen

Does a request have to come from a Councilmember?

Mr. Lonie

No, it can come from a private citizen. If it comes from a private citizen, it's definitely in writing, though.

Councilman Cohen

And suppose that request has been made and has not been met, what does the citizen do?

Mr. Lonie

They would probably eventually call the Streets Commissioner or their District Councilperson and say, "I had this request in. It has not been met. Can you help me?" 12 05/28/04 - STREETS - BILL 040370

Councilman Cohen

Well, I understand there have been efforts made to get information from the Streets Department and requests have been made and they've been promised that they would get the request, but nothing has been forthcoming, that that's how the Streets Department continually keeps things private that ought to be made public by not furnishing them. Now, what does a citizen do or the office do if the request has not been compiled with? To whom do they complain?

Mr. Lonie

Again, they can talk to the Streets Commissioner. For the most part, if whatever information someone is seeking is available, it's complete -- I would hate to share information with anyone that's not necessarily complete because that could be misleading. Once that's complete, I'm sure that can be shared with anyone that asked for it.

Councilman Cohen

Is that left to the will of the person in charge of the unit to make the decision as to whether the 13 05/28/04 - STREETS - BILL 040370 information is complete and is ready to be divulged and should be divulged? Or is there a body that makes that decision?

Mr. Lonie

No, there's no body that makes that decision. It would be up to the individual unit because everyone works slightly differently. My plans for curb lines and different things like that have a different process than a right-of-way if you were asking for a vendor or a trash dumpster or if you were asking for a stop sign or some other type of traffic device.

Councilman Cohen

Does the Council Office have greater rights than the citizens to obtain this information, or do you have equal rights?

Mr. Lonie

No. They can probably make us finish whatever we need to finish faster than a private citizen could, but they don't have any greater rights to look at anything.

Councilman Cohen

I'm sorry, I didn't get that.

Mr. Lonie

If we don't finish 14 05/28/04 - STREETS - BILL 040370 something completely -- I mean, a Councilmember says, "I need this finished," we would probably have to make that more of a priority than if a private citizen said that. But other than that, the same availability of the information is there. If it exists, we'll share it. If it does not exist to its fullest extent, we can't share it.

Councilman Cohen

What happens if other requests come in about the request that's already made, other people come in, call, inquire, do their inquiries get listed in the same place?

Mr. Lonie

They get told who at this point in the process has that information that they're looking for. I've had some e-mails from some inquiries of different things like that that I don't have the information some of these citizens have been looking for, but I did put them on to Mr. Denny who when he's finished whatever investigations he needs and whatever section 24 of the City he's working in, then I'm sure he'd be willing to share that information. 15 05/28/04 - STREETS - BILL 040370

Councilman Cohen

Is a file note who has made inquiries about the case? What happens if I call up about a request made by Councilman DiCicco, I as a Councilmember make a request that be noted in the file that Councilman Cohen showed an interest in the question and he approved or disapproved it or had no comment, merely wanted information, whatever my comment is, would that appear in the file?

Mr. Lonie

If it were a conversation between you and someone in the Department, probably not. If it was an official request in writing, then of course it would be noted in the file, or an e-mail. I mean, we have some -- we have a process --

Councilman Cohen

Wouldn't it be interesting for people to know who's inquiring about matters? It might be totally irrelevant and it may appear so on the surface that Harry Evans of 327 Westmont Street made a request for further information about this and somebody might know that person or may not know. They could form a judgment. But 16 05/28/04 - STREETS - BILL 040370 wouldn't it be interesting why was that request made.

Mr. Lonie

If they have come through the Streets Department information system -- we have a information system, and the request is noted, their name and address is taken, and that is passed on to the unit that's in charge of whatever project that happens to be. That is always noted. If someone puts it in writing there's a Councilmanic means of transmitting or request directly to the Streets Department and these stay open until they're addressed either by the Commissioner or by the unit head, they're always on the record.

Councilman Cohen

Suppose I made a request to the Commissioner for something to happen, say, in this vendor situation, and I talked directly to the Commissioner and not to the unit. Would that be noted in the file 22 somewhere so my interest could be seen?

Mr. Lonie

If the Commissioner chose to share that with the unit head, it probably would be noted. If the Commissioner 17 05/28/04 - STREETS - BILL 040370 for whatever reason decided not to share that with the unit head, it probably would not be noted. We would have no way of knowing that information.

Councilman Cohen

Suppose the unit knew that the Commissioner had called a head of the unit saying, "You're going to get a request from Councilmember So-and-so about this item; make sure you handle it properly and appropriately." Wouldn't that be noted in the record that a Councilmember had notified the Commissioner of an interest in a matter and that the Commissioner called to make sure it was properly handled?

Mr. Lonie

I can only speak for myself in that situation. I probably would not necessarily place that in the file. But I would alert anyone on my staff that -- we'll say Councilman Cohen called, I would like to speak to him directly because he expressed an interest in this.

Councilman Cohen

Well, how would the public ever get to know that I had shown 18 05/28/04 - STREETS - BILL 040370 an interest in the matter?

Mr. Lonie

If it was just a conversation, then I probably would not. I'm just saying if you had placed something in writing, if you sent me an e-mail that said, "I'm interested in this. Anything further going along, I'd like to be informed," or whatever like that, I would have to deal with that.

Councilman Cohen

Well, you used the word conversation. Is there ever just plain conversation between a Councilmember and a staff member that deals with the subject matter of the staff member's work or possible work?

Mr. Lonie

It, of course, could possibly happen. The Councilmember can call anyone they choose.

Councilman Cohen

Suppose the Mayor were interested in that proposal, whatever this proposal about eliminated vendors on Eighth Street that are permitted in the bill, would that be noted?

Mr. Lonie

If it was a 19 05/28/04 - STREETS - BILL 040370 conversation, no, it probably would not be noted. It would be noted mentally, that's for sure.

Councilman Cohen

What would be noted?

Mr. Lone

It would be noted mentally that the Mayor had called and said, "I'm really interested in this. I want to know what's going on." Then I, of course, would make a mental note. But would I ever put that in the thing, I probably wouldn't. It's just the way I am. If the Mayor sends something to me in writing --

Councilman Cohen

Is there a rule or requirement that all such interceptions be recorded?

Mr. Lonie

If they're in writing, then absolutely. I can't throw them away and dismiss it.

Councilman Cohen

Are you saying as long as the Mayor or whoever it was made the call, did it in an oral way, not in writing, it wouldn't be noted?

Mr. Lonie

I can only, again, 20 05/28/04 - STREETS - BILL 040370 Councilman, speak for myself. If the Mayor --

Councilman Cohen

But aren't there any rules by which you're governed, or does each individual make its own rules?

Mr. Lonie

I don't know if there's anything that unless something is corresponded in writing that there's a necessary requirement of keeping that within a file. If I'm in a passing conversation with the Mayor or with anybody in Council, I don't know if I'm required to go back to my office and keep that in a specific file unless there's a direct response that's required.

Councilman Cohen

Well, don't you think it's of interest to the people to know of Mayoral action; interference some people might call it; good sound intervention, other people might call it. But however they define it, isn't it a matter of importance to the public to know the Mayor, for one person, is interested in something or has shown an interest in it?

Mr. Lonie

Well, that's true. I mean, I suppose it would be interesting to 21 05/28/04 - STREETS - BILL 040370 show.

Councilman Cohen

Well, then why would you feel that you don't have to include a notation that the Mayor called to inquire how things were going?

Mr. Lonie

Well, mainly because in the Streets Department, we're in the Civil Service. It's our responsibility to give information, to make sure things are technically correct, to make sure that certain information is known. But any decisions that are made on any of these bills is not the responsibility of the Streets Department; it's the responsibility of this Council or the Mayor. We're not elected into that position. And all we can do is furnish the information that's asked for. If the Mayor's interested in something --

Councilman Cohen

But you hide information. If you have information that the Mayor or another high official has made inquiries about something, but you take advantage of the fact that it was done orally 22 05/28/04 - STREETS - BILL 040370 and so there's no record of it, you take steps to make sure that no record of it does appears anywhere, you don't put it anywhere. It's between you and the person that called that such a call was made. Aren't you denying the public the opportunity to know really who's interested in the subject, what levels of government they are, and what the nature of their interest is? You have that information, but because you didn't get it in written record, you felt no need to cover that.

Mr. Lonie

Well, the information doesn't change, no matter who's interested or not interested in it. The information remains the same. If the Mayor happens to be interested in certain information, it's my responsibility to make sure that information is correct, not that the Mayor is interested or not interested in it. Therefore, his showing a interest in certain information is not going to affect the information itself.

Councilman Cohen

You mean in theory it shouldn't affect the information. 23 05/28/04 - STREETS - BILL 040370

Mr. Lonie

It shouldn't affect the information.

Councilman Cohen

Well, how do you know what the necessary information you're going to need on the subject? Take this matter that I'm raising with you on the vendors, to know what are the factors you use to decide whether or not vendors should remain on a street.

Mr. Lonie

Whether or not there are other vendors --

Councilman Cohen

At these particular locations, in this bill, you have a request from Councilman DiCicco about the bill. How do you decide that it's a good thing or not?

Mr. Lonie

We can't decide. It's not our responsibility to decide if it's a good thing or not. That's your responsibility as City Council. It's our responsibility to say if it's safe, if it's technically correct, and if it's within the Code. And if not, then we have to inform you of those facts. Whether it's correct or incorrect -- 24 05/28/04 - STREETS - BILL 040370

Councilman Cohen

Instead of dealing in generalities, why don't you give specifically. You got this request from Councilman DiCicco. How did you go ahead and deal with it?

Mr. Lonie

Well, we would have to go out and check. As you know, there's only a certain amount of venders that are allowed on any number of corners within a certain area. There's a certain requirement for the street width of the sidewalks in certain areas and do they have the technical ability -- if you have two street vendors on two corners, I don't believe you can put a third unless there's strange circumstances.

Councilman Cohen

Well, wouldn't you have known that without a complaint from Councilman DiCicco? If someone comes in, applies for a permit to put that there, we would have to take a look and see if we could legally grant that permit. If we say -- we would come before this Council at that point in time and 25 05/28/04 - STREETS - BILL 040370 say, "We have no objection," which means we have no technical objection. And the rightness or the wrongness of that is up to the Council. We can only testify on the technical side of any of these things.

Councilman Cohen

And you don't do any checking yourself to see whether or not something that's technically in compliance today has been changed later on at any later time? We assume it always remains the same?

Mr. Lonie

If someone has permission by this Council to occupy a space within the right-of-way, and as long as they keep their permits current, there's probably no reason unless we narrowed or widened the sidewalk in any given spot to check on that because the Council has already ordained that they have the ability to be there.

Councilman Cohen

Well, say Council ordains that as of a given time. The Streets Department never bothers to check whether or not the vendor just is using one location. Maybe the vendor decided that next time it was too much red tape spent getting permission 05/28/04 - STREETS - BILL 040370 last time; this time he just move ahead because he knows nobody is watching.

Mr. Lonie

I mean, we don't have the number of inspectors perhaps we should to go out and do that. But believe me, the other vendors in the area will inform us if someone moves to a place where they weren't before and then we will look at something.

Councilman Cohen

Does this requirement as to the number of corners you go on, does that have anything to do with safety factors?

Mr. Lonie

I'm not sure why that is the way it is. I just know that that is the rule. And for the most part, once we come through and say everything is okay, L&I is the one that regulates the vendors that are on the streets. And as long as they keep their permits current, then I think there's no 21 reason for them not to be there unless, again, like in this bill here, the Council decides that there's maybe too many and they want a lesser number to be there. That's a Councilmanic decision, not necessarily one by 27 05/28/04 - STREETS - BILL 040370 the Streets Department.

Councilman Cohen

The Committee will stand in recess for about 30 seconds. (Brief recess.)

Councilman Cohen

I'm going to ask Ellen Berkowitz, Clerk of the Committee, to direct some questions of the witnesses. Ms. Berkowitz, proceed.

Ms. Berkowitz

Mr. Lonie, you've outlined a number of procedures that you follow in the case of street vendors. Are these procedures that you would follow in other areas as well generally?

Mr. Lonie

The different requests come in very different means.

Ms. Berkowitz

Well, suppose you had a request for opening a new street. How would that request proceed?

Mr. Lonie

That would come through the Streets Department. That would have to come from a private citizen.

Ms. Berkowitz

A private citizen would request an opening of a street?

Mr. Lonie

Yes. Or a widening or a 28 05/28/04 - STREETS - BILL 040370 narrowing or anything like that.

Ms. Berkowitz

It would not come from a Councilperson?

Mr. Lonie

No. 6 Can I explain why?

Mr. Lonie

Council would send requests, and I would talk to the individual Councilperson and say, "I need a request to come from the individual people because it's their property that's going to be affected and, therefore, we're going to ask them to sign some releases and different things like that.

Ms. Berkowitz

I'm sorry. You were explaining that opening a street, for instance, or widening it, the request would come from private citizen?

Mr. Lonie

Yes, it would. One of the requirements in the Code is that someone called a parting interest must make the request. They have to have a viable interest in the street itself, which means they must be an abutting property owner. 29 05/28/04 - STREETS - BILL 040370

Ms. Berkowitz

And that would be true for a directional change as well?

Mr. Lonie

That would not be true for a directional change.

Ms. Berkowitz

How would that come to be?

Mr. Lonie

I will let Mr. Denny answer that question.

Mr. Denny

Directional changes can come from constituents to Council, from the Councilpersons themselves, the District Councilpersons, or it can be an administrative function from the Streets Department if we're trying to resolve a safety problem.

Ms. Berkowitz

And Mr. Lonie indicated that he keeps a record, for instance, in the case of -- the right-of-way unit would keep a record of who made the request; is that correct? Would you do that as well?

Mr. Denny

All written requests we have a record of and all requests that have actions we have record of.

Ms. Berkowitz

What are your 30 05/28/04 - STREETS - BILL 040370 responsibilities generally, Mr. Denny?

Mr. Denny

I oversee the engineering section of the traffic engineering division. Traffic engineering division maintains signs and signals for the City of Philadelphia.

Ms. Berkowitz

What does maintaining signs and signals mean?

Mr. Denny

Determines whether they are required to be in a location and if they're missing that we put them back. In the case of signals, when there's signals operation, we maintain them and make sure they're continuing to function. We also determine whether or not certain types of traffic control devices should or should not be installed.

Ms. Berkowitz

Does your department conduct traffic studies?

Ms. Berkowitz

How many of those do you conduct a year?

Mr. Denny

I don't know because you can define a study in many different ways. I 31 05/28/04 - STREETS - BILL 040370 mean, every time we look at something, we basically call it an investigation but you can call it a study also. So the numbers are different. There are different levels of studies that I we do.

Ms. Berkowitz

Are you familiar with the PennDOT regulations regarding the change of the direction of traffic?

Ms. Berkowitz

And what are they?

Mr. Denny

PennDOT really doesn't have regulations that deal so much with direction of traffic. They basically do require you to look at what is occurring, what the street characteristics are, what the street widths, the street classification is, what the volume is on the streets. But generally, PennDOT leaves whether a street is one-way or two-way, unless it's a state highway, to the local municipalities.

Councilman Cohen

Excuse me. What do you mean they require you? Does PennDOT walk in? Does a body walk in or does something called PennDOT regulations walk in 32 05/28/04 - STREETS - BILL 040370 and tell you do so and so? How do you know what you have to do and what you're required to do?

Mr. Denny

PennDOT has regulations that we follow and we get copies of those regulations.

Councilman Cohen

What's that?

Mr. Denny

PennDOT has regulations that we follow and we have copies of those regulations.

Councilman Cohen

What are those regulations that require you to do whatever it is you do?

Mr. Denny

In most cases, Publication 201 covers most studies. There's also the sign manual and sign regulations that deal with what signs go in what locations.

Councilman Cohen

Are there any regulations you have to switch and permit PennDOT itself to do?

Mr. Denny

I didn't understand that question.

Councilman Cohen

Well, PennDOT is an organization? 33 05/28/04 - STREETS - BILL 040370

Councilman Cohen

It has people working for it?

Councilman Cohen

It has engineers?

Councilman Cohen

Do they do anything?

Councilman Cohen

Do the PennDOT engineers do any work?

Mr. Denny

They maintain their highway system.

Councilman Cohen

How do you know whether they feel they ought to be doing it or you ought to be doing something?

Mr. Denny

In the case of City of Philadelphia, it's a City of the first class. Most traffic engineering functions are handled by the City. PennDOT only host traffic regulations on the limited access expressways.

Councilman Cohen

Thank you.

Ms. Leonard

Does PennDOT describe the procedures that the City is to go through 34 05/28/04 - STREETS - BILL 040370 in doing a traffic study?

Mr. Denny

No, it does not.

Ms. Leonard

They don't do that in their regulations?

Mr. Denny

Not for changing directions.

Ms. Leonard

Well, what does 201.51 apply to?

Mr. Denny

It applies to a number of different elements. It applies to speed limits, whether or not you would prohibit trucks, the posting of all way stop signs, the installation of traffic signals. It also regulates angle parking, where it is or is not allowed based on width.

Ms. Leonard

But it doesn't pertain to changes in direction?

Mr. Denny

No, it does not.

Ms. Leonard

It only applies to one-way streets? What does that mean? My understanding is that 201.51 applies to a traffic study pertaining to one-way streets.

Mr. Denny

Not directly, but you 35 05/28/04 - STREETS - BILL 040370 can use it when you're looking at a one-way street pattern. One-way streets are the function of a local government, and PennDOT would not be involved unless it was a state highway.

Ms. Leonard

So what kind of analysis do you do when you conduct this study? What are the criteria?

Mr. Denny

We classify the street, whether it's local, collector, or through street arterial. We look at what the crash history is on the street. We look at the widths of the street, the geometrics, whether it can handle two-way traffic or it can't handle two-way traffic. We look to see that whatever properties along the street have access.

Ms. Leonard

Do you look at the impact on surrounding streets?

Mr. Denny

Yes, that is looked at.

Ms. Leonard

And what would you consider to be the length of an average study, how many days, for example, how many months?

Mr. Denny

Well, average studies 36 05/28/04 - STREETS - BILL 040370 you're not studying consistently. You're doing studies and you're doing other work, so sometimes you have to collect data. Until that data is collected, you can't really analyze something. But the final evaluation could probably be done in an hour or two once all the data that is available was collected if it's needed.

Ms. Leonard

Well, how is the data collected? Is somebody there on a daily basis?

Mr. Denny

Someone where on a daily basis?

Ms. Leonard

At the particular location, at the street where you're dealing with a change in direction, the posting of a traffic signal.

Mr. Denny

Someone would go out on the required times and observe the intersection, maybe do traffic counts. We also have devices that record traffic volume and speed that we might place at locations.

Ms. Berkowitz

When you put together a report on such a study, what does 37 05/28/04 - STREETS - BILL 040370 the report include?

Mr. Denny

It probably just includes general information. It doesn't necessarily go into specifics.

Ms. Berkowitz

What happens to the supporting data that went into the report?

Mr. Denny

It's probably in a file 9 somewhere. MS BERKOWITZ: Is that information available to the public?

Mr. Denny

I would have to check to see what is. Not everything we have is available.

Ms. Berkowitz

Why would something not be available to the public?

Mr. Denny

Well, certain crash information would not necessarily be available if it was specific to individuals.

Ms. Berkowitz

Well, for instance, if I go the police district and I ask them how many accidents of a particular kind occur in a particular area, they will give me that information without giving me the identity of the individuals. Why is that not something 38 05/28/04 - STREETS - BILL 040370 that you --

Mr. Denny

That is information that is available, that can be made available.

Ms. Berkowitz

Does the report take into account what type of accidents there are?

Mr. Denny

If necessary, yes.

Ms. Berkowitz

When would it be necessary?

Mr. Denny

It would depend on the particular problem you're looking at. If you've got specifics and the number of crashes. We sometimes specifically look at locations because we have crash problems.

Ms. Berkowitz

Well, supposing that something said that there was a change from 30 crashes to 15 crashes, that wouldn't tell you what type of crashes they were, would it?

Mr. Denny

Not necessarily, no. 20

Ms. Berkowitz

Why is that information not relevant to the study?

Mr. Denny

It can be relevant. It depends on what you're looking at. If we did a function and we want to determine whether that function was working, we would look at it 39 05/28/04 - STREETS - BILL 040370 more closer and determine what those crashes were.

Ms. Berkowitz

When you were looking at the impact of a traffic change of any kind on the surrounding area, do you look into what public transportation routes there are and what would have to be diverted as a result of any change?

Mr. Denny

We look to see if there's any SEPTA routes that would be diverted, yes.

Ms. Berkowitz

Is that detailed in the report as well?

Mr. Denny

Only if there is SEPTA routes.

Ms. Berkowitz

Only --

Mr. Denny

If there are routes that are affected they would be shown. If there are no routes that are affected, then it wouldn't be shown.

Ms. Berkowitz

When you look at the impact of a traffic change on the surrounding area, does your study and subsequently your report reflect the number of children under 40 05/28/04 - STREETS - BILL 040370 the age of on a given block? 3

Ms. Berkowitz

Why not? 5

Mr. Denny

It's not information we 6 generally have available. We don't have a 7 real way of collecting it. 8

Ms. Berkowitz

Well, certainly, 9 there's census data available to you, isn't 10 there? 11

Mr. Denny

Census data doesn't go 12 down to the block. 13

Ms. Berkowitz

Well, as you're 14 probably aware, there was a study conducted by 15 a reporter from the Daily News some months ago 16 about traffic accidents at various elementary 17 schools and high schools as well. So why 18 would that not be something you would take into consideration, how many schools were in a given area, especially if you're going to be changing the traffic pattern?

Mr. Denny

You asked if there were children, you didn't ask if there were specific schools.

Ms. Berkowitz

I believe I asked 41 05/28/04 - STREETS - BILL 040370 both, but if I didn't, I apologize and now I'm asking.

Mr. Denny

If there are schools in the affected route, yes, that would be looked at.

Ms. Berkowitz

If there are houses with children who would be likely to be playing or walking in the area, that's not something that you would look at?

Mr. Denny

If there are residences or other streets. That would be noted.

Ms. Berkowitz

Would you make a general assumption that a street that went past a series of institutions could take a volume of traffic than a street that goes through a residential area?

Mr. Denny

No. What's going to determine how much traffic a street can take is the width of the street and number of lanes and the parking additions.

Ms. Berkowitz

So it's just not relevant whether it's houses or a big institution of some sort?

Mr. Denny

In determining what a 42 05/28/04 - STREETS - BILL 040370 street can carry, no. There are other factors to look at, but not in determining what it can carry. What it can carry is based on its width and parking additions.

Ms. Berkowitz

And the report is solely addressing what? I'm sorry, I'm not understanding. The report is solely addressing what the street can carry and not the impact regarding safety?

Mr. Denny

No, you were just asking whether -- most streets can carry a lot more volume than they have a demand to carry. So we just don't generally look at what the carrying capacity of a street is, we would look at what the demand is because the demand is well below what its capability of carrying is.

Ms. Berkowitz

All right. I don't believe that's what I asked. What I asked was, when you're considering some kind of change in traffic direction, do you take into consideration the type of area the traffic is going to be redirected through? Not carrying capacity. Say you've got a street, there's an 43 05/28/04 - STREETS - BILL 040370 institution, you're going to redirect traffic. If you redirect traffic, it's going to go through a residential area. Is that something that's relevant to you or to your consideration?

Mr. Denny

We would not want to take traffic that is using an arterial and put it on local streets. We don't want to take traffic that's --

Ms. Berkowitz

That's not my question.

Mr. Denny

I know, but I'm trying to answer your question in the way I can. If we're dealing with a local street and we make a change that traffic is going to be diverted to other streets and it can be diverted to the local streets, local streets generally don't carry that much volume. With collector streets, we would look to divert the traffic to collector streets.

Ms. Berkowitz

What's a collector street?

Mr. Denny

It's a street that 44 05/28/04 - STREETS - BILL 040370 collects traffic or distributes traffic to local streets that would bisect a neighborhood, take the traffic off of those local streets and feed them into arterials. An arterial is a street that carries through volume.

Mr. Lonie

Excuse me, Ms. Berkowitz, can I have one second? (Pause.)

Ms. Berkowitz

The Councilman was curious about your statement that you would not want to move traffic from an arterial street to a local street. Specifically, he was curious about the phrase "We would not want to." Is that a requirement?

Mr. Denny

I don't think it's a written requirement. Our goal is to keep as much through-traffic on arterial streets as possible and off local streets.

Ms. Berkowitz

Now, going back to the collector street. So you have arterial streets and you have local streets and you have collector streets. How do you make a distinction between what is a collector street 45 05/28/04 - STREETS - BILL 040370 and what is a local street?

Mr. Denny

You look at the network of the streets, whether a street goes through, what the size of the street is, how much volume a street is carrying.

Ms. Berkowitz

How much volume a street is carrying before the change?

Mr. Denny

You're talking about determining whether a street is a collector or a arterial or local street.

Ms. Berkowitz

So you make the determination of whether something is a collector street or an arterial street or a local street by the volume?

Mr. Denny

By volume and function. An arterial is going from neighborhood to neighborhood, is going through neighborhoods and is carry traffic from different neighborhoods. A collector is taking traffic from local streets and feeding it onto arterials. And a local street is a local street, just carrying traffic primarily on that street and maybe a couple of adjacent 46 05/28/04 - STREETS - BILL 040370 streets.

Ms. Berkowitz

When you're conducting a traffic study, do you look at the location of police stations, fire stations, hospitals and stuff? That's a technical term. Do you look at the location and number of hospitals, fire stations and so forth?

Mr. Denny

If they're on the street that's being changed, yes.

Ms. Berkowitz

Only if they're immediately on the streets that's being changed?

Ms. Berkowitz

So if access to a hospital or fire station was changed by a change in traffic, if it wasn't on that particular street, you would not look at that?

Mr. Denny

It would depend on the functional classification of the street. An arterial street would have an effect. A local street would not have an effect. And collector most likely would not.

Ms. Berkowitz

How do you make that 47 05/28/04 - STREETS - BILL 040370 determination that it would not have an effect?

Mr. Denny

You identify the location of the institution and whether or not the traffic would be -- it would be used to or from that institution.

Ms. Berkowitz

For instance, would you time how long it took an emergency vehicle to go from Point A to Point B under the previous circumstances and under the new circumstances?

Mr. Denny

Not necessarily, no. 14

Ms. Berkowitz

Why wouldn't you want to know that?

Mr. Denny

We would not be looking to increase delay on any streets significantly as is.

Ms. Leonard

I'm sorry. I didn't identify myself before I was questioning you. I'm Rosalie Leonard. I'm from City Council's technical and planning staff. And I just have one other question for you. Do you hire consultants or outside firms when you do your traffic studies? 48 05/28/04 - STREETS - BILL 040370

Mr. Denny

Sometimes.

Ms. Leonard

And could you give us the names of some of the firms that you've hired?

Mr. Denny

Sure. Pennoni Associates, Urban Engineers, Orth Rogers.

Ms. Berkowitz

Could you spell these names for us, please?

Mr. Denny

I'll try. I think Pennoni is P-E-N-N-O-N-I. Urban is "Urban." Orth Rogers is O-R-T-H and then "Rogers." MacMahon Associates. That's M-A-C-M-A-H-O-N, I believe. McCormick Taylor.

Ms. Leonard

McCormick Taylor?

Mr. Denny

Yes. Amon and Whitney (ph).

Ms. Leonard

How do you spell the first?

Mr. Denny

I'm not sure of the spelling.

Ms. Leonard

Is that it?

Mr. Denny

Edwards and Kelsey might be a choice.

Mr. Lonie

There are a number of 49 05/28/04 - STREETS - BILL 040370 firms all over the place. When we generally do things like that from that City it's either on an RFP basis or a competitive bid, and everybody and their brother can put in for it, so any number firms can do that.

Ms. Leonard

All right. You get bids from in and outside the City?

Ms. Leonard

Thank you.

Ms. Berkowitz

I just have a couple other questions. I think you said that studies vary so there's not a typical length of a study?

Mr. Denny

No. It depends on how long it takes to collect the data and analyze it. It depends on --

Ms. Berkowitz

When you generate a report and you have supporting data, how do you make the decision what data is included in the report and what is left out? What's a typical report look like?

Mr. Denny

I'm not sure I know what a typical report looks like. I think sometimes it's just a general summary of 50 05/28/04 - STREETS - BILL 040370 what's contained more than it is what you would call a long, large, thick report.

Ms. Berkowitz

You're a traffic engineer, correct?

Ms. Berkowitz

Would it be fair to say that if somebody only has a summary and they don't have something that's more detailed indicating what the volume of cars was, how many hospitals, emergency institutions there were, what the volume of public transportation was, how many kids were in the area, what types of accidents there were, would it be fair to say that somebody looking at a report that didn't include those things would be at a loss in assessing the validity of the report, what went into the report, the reliability of the conclusions? Would you say that without that data that people would be at a disadvantage?

Mr. Denny

It would depend on what the subject matter was.

Ms. Berkowitz

Well, if you're changing the direction of traffic and traffic 51 05/28/04 - STREETS - BILL 040370 gets diverted to smaller streets, traffic gets diverted to areas where there are children under the age of 18, some under the age of 5 going to school, where emergency vehicles have 6 typically been able to go one way and now 7 suddenly they can't go another way, would you 8 say a report that didn't detail how you took 9 into account this information would not be 10 able to allay people's concern in the same way 11 a report that did indicate all of that? 12

Mr. Denny

Most of the streets where we're changing direction are usually small local streets and there's not really a large amount of reporting done with it.

Ms. Berkowitz

Well, supposing that it's not a small local street.

Mr. Denny

It depends on what the adjacent streets are and what their capabilities are.

Ms. Berkowitz

But again, why would you not want to provide that information about emergency vehicles, schools, number of children, and so forth, in your report? Isn't that something that you want to make available 52 05/28/04 - STREETS - BILL 040370 to people so they can see that the study is thorough and complete and they should not be concerned about any impact?

Mr. Denny

We just generally give a summary and a lot of times things are -- changes in a direction of a street are done on a trial basis. You get complaints if there's a problem when you do it on a trial basis, and you react to what those complaints are and you address it and you look at this. If there are no complaints when you do something on a trial basis, you don't look at those things necessarily.

Ms. Berkowitz

How do you determine what a complaint is?

Mr. Denny

A complaint would be a written request or a phone call coming in complaining about something.

Ms. Berkowitz

So --

Mr. Denny

It could also be an e-mail coming in.

Ms. Berkowitz

Would you ever generate a report or a summary without having reviewed all the data? 53 05/28/04 - STREETS - BILL 040370

Mr. Denny

No, I don't think so.

Ms. Berkowitz

So if a report is issued for a given change of some kind, whether it's widening a street, narrowing a street, changing a direction of a street, if you've issued a report, then you are finished with your study; is that correct?

Mr. Denny

If it's a final report, yes. If it's not a final report, then no, there may still be other things to look at.

Ms. Berkowitz

How does one determine whether something is a final report?

Mr. Denny

I believe it would say so.

Ms. Berkowitz

If it is a final report, there would be no reason why you couldn't provide data to people who requested it so that they would be able to fill in the gaps where you haven't specified things; is that right?

Mr. Denny

Yes, we probably could provide data.

Ms. Berkowitz

So, for instance, if Councilman Cohen were to call you up and say, 54 05/28/04 - STREETS - BILL 040370 "This is a wonderful report, but I'm really interested in A, B, C and D," you would be willing to give him the data immediately; is that correct?

Mr. Denny

It would depend on how the data -- the data may not be neat necessarily and we may want to clean it up in terms of making it legible. Not everyone's handwriting is legible, not everything is typed out.

Ms. Berkowitz

All right. Thank you very much.

Councilman Cohen

The Committee stand in recess until June 4 at 2 o'clock. (Council adjourned at 12:15 a.m.) - - - - 55 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 Friday May 28, 2004, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE ON STREETS _________________________ Lisa C. Bradley, RPR