Committee Hearing, October 31, 2007

COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON STREETS AND SERVICES - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, October 31, 2007 10:20 a.m. - - - PRESENT: COUNCILMAN FRANK DiCICCO, CHAIR COUNCILMAN DARRELL L. CLARKE COUNCILWOMAN DONNA REED MILLER COUNCILMAN JUAN RAMOS COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN TASCO COUNCILWOMAN CAROL ANN CAMPBELL BILLS 070700, 070874, 070868, 070378, 070559, 070695, 070872, 070694, 070866, 070877, 070513, 070817, 070818, 070822, 070543, 070544, 070696, 070701, 070702, 070823, 070867, 070682, 070685, 070686, 070689, 070703, 070789, 070792, 070824, 070826, 070871 and 070879 - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2 COUNCILMAN DiCICCO: Good morning, everyone. Welcome to the Committee on Streets and Services. We do have a quorum. My name is Frank DiCicco. I am the Chair of this Committee. The Vice-Chair, Councilman Ramos, is to my far right. To my immediate right is Councilwoman Donna Reed Miller. To my immediate left is Councilman Darrell Clarke, and to the far left is Councilman Rizzo. Bill No. 070700 is being held, as is Bill No. 070874. It is quite warm in this building today. The heat was put on yesterday and the temperature is rising, so if you'd like to take your jackets off, take your tie off, whatever makes you comfortable, please do so. I would ask Mr. Abernathy to read the title of the first bill.

Bill No. 070868, an ordinance authorizing the installation of a traffic signal at the intersection of 3 10/31/07 - STREETS - BILL 070868, ETC. Cheltenham Avenue and Walnut Lane. COUNCILMAN DiCICCO: I believe Councilwoman Tasco has a comment she'd like to make regarding this bill. Good morning.

Yes. Thank you, Mr. Chair. I'd just like to say that I'm here in total support of this bill, this ordinance, which is to help us get a traffic light at Walnut Lane and Cheltenham Avenue. The residents, the neighbors and friends of Cheltenham Avenue at Walnut Lane and Williams Way are here today in force. They have collected over 10,000 signatures and have made a beautiful presentation for me to show all the work that they have done to get a traffic light at an intersection where a couple of people have been killed. And we have tried to work with the Streets Department to get this light, but you know what we always get. What do 4 10/31/07 - STREETS - BILL 070868, ETC. we always get so they know I'm not the only one? We must be somebody else. You can't do it. The state won't let you do it, but we're in communication with the state to get their support to putting this traffic light up. And it also is not just for the people who want to cross the highway at that intersection, but also the traffic pattern and the neighbors trying to get onto Cheltenham Avenue and the difficulty they have, and they will share that with you. But I want to thank them for their tenacity. They have some wonderful photographs I think you should look at. They one day blocked the street with a coffin. So they're very committed to getting a street light there. I'm very committed to trying to help them. I will ask this Committee if they will support this bill and then we will continue our fight. Surprisingly, maybe not 5 10/31/07 - STREETS - BILL 070868, ETC. surprisingly, at least the Managing Director has sent a letter of support to the Streets Department also about this. COUNCILMAN DiCICCO: And the Managing Director has just entered the Chambers and will be sitting down and we will hear her testimony shortly.

So we'll hear testimony. And I want to thank my neighbors for coming out today. They really care. They live in a nice neighborhood. They maintain their neighborhood. A number of them have been there for years, and I appreciate their involvement in City government and making sure that government works on their behalf. Thank you so much for that. COUNCILWOMAN DiCICCO: Thank you, Councilwoman. And to the neighbors, welcome and thank you for attending this morning. Mr. Denny or the Managing 6 10/31/07 - STREETS - BILL 070868, ETC. Director, whoever would like to go first, please proceed with your testimony.

Mr. Chairman, members of the Committee, thank you for the opportunity to appear before you today. My name is Charles Denny. I'm the Acting Chief Traffic Engineer for the Department of Streets. I'm here to offer testimony on Bill 070823 (sic). The Streets Department supports this bill. On October 15, 2007, Managing Director Loree Jones sent a letter to PennDOT asking for assistance making the intersection of Cheltenham and Walnut Lane safer for pedestrians by installing a pedestrian traffic signal. We have a letter from the Managing Director to PennDOT, Rina Cutler, which either I or the Managing Director will read. We are awaiting an answer from PennDOT and we will keep Councilwoman Tasco informed. COUNCILMAN DiCICCO: May I ask a question, Mr. Denny? Why is it we need PennDOT to sign off? Is it a state 7 10/31/07 - STREETS - BILL 070868, ETC. highway?

It's a state highway and it's a border street. So half the street is in the City, half the street is in Cheltenham Township. COUNCILMAN DiCICCO: Oh, okay. And did we get any feedback from the folks in Cheltenham Township, any elected officials, any opposition to it?

I have not heard any opposition, but we have not had any feedback from Cheltenham Township. COUNCILMAN DiCICCO: Councilwoman Tasco, would you happen to know, was there any feedback regarding this issue from the representatives in Cheltenham Township?

No. 20 COUNCILMAN DiCICCO: I'm just curious, because obviously it's to their benefit as well, I would assume.

Could I ask -- I didn't hear what he said. Was your question -- 8 10/31/07 - STREETS - BILL 070868, ETC. COUNCILMAN DiCICCO: My question was, it's a state highway. I assume that's why we need state authorization. Mr. Denny indicated that is correct and also it borders Philadelphia County and Cheltenham County.

I heard that. Are you saying that you contacted Cheltenham Township? COUNCILMAN DiCICCO: Identify yourself.

Loree Jones, Managing Director. We sent a letter to PennDOT requesting authorization to do this. Even if it were a state street that was just inside of the City of Philadelphia, we would have the authorization to do it, but because it's a border street, we need to get their input and approval. Half of the street, as you know, is in Philadelphia County, the other half is in 9 10/31/07 - STREETS - BILL 070868, ETC. Montgomery County. And so we would need PennDOT approval for that. In sending the letter, we copied all of the elected officials on the other side of Cheltenham as well. COUNCILMAN DiCICCO: That was my question. You did contact them.

Right. COUNCILMAN DiCICCO: Because it obviously would be helpful to have support from both elected officials on both sides.

We have a good working relationship with Cheltenham Township. We certainly have the community committee working together with Cheltenham and Philadelphia. So that just takes a phone call, and we'll do that. COUNCILMAN DiCICCO: That's good. If PennDOT or state agrees to allow the signal to be installed, is it the state that would be doing the 10 10/31/07 - STREETS - BILL 070868, ETC. installation or would the City and/or Cheltenham County be doing that?

Probably the City would do the installation. It would depend on how we would do it. If we're a contract -- if a contractor was available that we could do it with the state, then we might be able to work something out, but most likely it would be a City contractor. COUNCILMAN DiCICCO: I like to bend the rules sometimes when it comes to traffic issues. What would happen if we were, the City of Philadelphia, were to install the traffic signal before we got the, no pun intended, green light from the state? And I see the Managing Director smiling, but it's an issue of public safety and sometimes, as you know, the bureaucracy just takes forever. How long have you been working on this?

Almost a year. 11 10/31/07 - STREETS - BILL 070868, ETC. COUNCILMAN DiCICCO: A year. MR. McCLOSKEY: We have, but the total neighborhood has been working on it for about 40 years. COUNCILMAN DiCICCO: I'm just curious. What happens to us as a city if we went ahead and installed that traffic light?

I don't really know.

Nothing. COUNCILMAN DiCICCO: So maybe we ought to install it and then we'll know the answer to what will happen if we install it. (Applause.)

Works for me. COUNCILMAN DiCICCO: And I'm not being critical of the Streets Department, because we're all in this together. These things just could take forever and a day.

This issue is one that not only causes the 12 10/31/07 - STREETS - BILL 070868, ETC. Philadelphia elected officials to have some concern, as a member of the Pennsylvania League of Cities, it is often a topic of mayors from other cities across this state that resent the fact that they have to get PennDOT approval to install traffic lights. COUNCILMAN DiCICCO: And that's my point. So maybe we need to push the envelope and see what happens. Councilman Rizzo.

Mr. Denny, since we're going to install a new traffic signal at this location, would you please consider also the pedestrian crossing countdown timers at that location? I think if you're going to do this, do it to benefit the pedestrians especially that need to cross there. Is that in your application, to put the pedestrian cross signals with countdown timers?

It's not mentioned, but that's something we would look at and 13 10/31/07 - STREETS - BILL 070868, ETC. design and most likely would do.

I'm sure Council Lady Tasco would not mind that added to the request.

No. 7

Thank you. COUNCILMAN DiCICCO: Councilwoman Miller.

Well, actually, I was going to suggest pedestrian countdown timers also. But I just for the record want to say that I was on Cheltenham Avenue a few weeks ago, maybe more than a few weeks ago, and I called Marian Tasco, Councilwoman Tasco, and said, Tasco, all these people are up here protesting, and that's when I -- I had heard about the issue earlier in the year, but these folks are out every Saturday, and that's commitment, and they're taking this issue very seriously. And one of the people that were injured actually is a former committee person of mine, and she's still in the hospital. 14 10/31/07 - STREETS - BILL 070868, ETC. It's my understanding she's been there two months. So I just want us to take this very serious. COUNCILMAN DiCICCO: Thank you. Mr. Denny, one other question. Assuming this bill comes out of this Committee with a favorable recommendation and it gets past City Council, would you still need the authorization from the state or would you be waiting for the authorization from the state before installation would occur?

I think we would like authorization from the state, but we also need to work out a contract that we're putting out now that would put the signal in, which is probably going to take some time before we can get to that point. COUNCILMAN DiCICCO: How long will it take to work out the design and get the contract up, worst-case scenario?

We're preparing a contract now to put out the bid. So the 15 10/31/07 - STREETS - BILL 070868, ETC. bid process, we'd probably have a contract maybe January, February. The design could be done by that time as well. COUNCILMAN DiCICCO: My recommendation would be that you move forward with the design as though you've already gotten approval from the state, and at the time you're completed, if we still have not gotten the approvals from the state, we need to revisit this and basically ask that the City install it without that authorization from the state. I just want to keep this thing moving. Okay? Thank you.

One other thing -- (Applause.)

I made an error in my testimony and listed the wrong bill. This is Bill No. 070868. COUNCILMAN DiCICCO: Correct. Thank you. So noted. Councilman Clarke.

Thank you, 16 10/31/07 - STREETS - BILL 070868, ETC. Mr. Chairman. Good morning, Mr. Denny. Mr. Denny, my understanding in the regulatory process is that there's a requirement to meet certain warrants. The state determines the warrants to enable the City of Philadelphia to place traffic signals, stop signs. The assumption is that this particular intersection meets the warrant as regulated by the state.

This particular intersection does not currently meet the warrant, but the layout of the intersection and the difficulty of people crossing and entering the intersection diverts people away from this location. So they are using other routes. We believe when the signal is installed, people will use it.

So is that why we need state authorization, because it doesn't meet the current warrant?

Well, no. It's a 17 10/31/07 - STREETS - BILL 070868, ETC. state highway. We're crossing the City boundary into the county.

I guess my question is, I know because I've tried to get certain traffic lights in locations and I was told by a certain individual, whose name I will not mention because he is retired, that it didn't meet the warrant, so, therefore, they couldn't place the appropriate signal, in our minds, at that particular location. And you're saying this particular intersection doesn't meet the warrant per the state regs?

But we expect the volumes to increase after the signal is installed.

Once the signal is installed.

Because the basic layout of the intersection is that there are two adjacent signals. They operate on alternate cycles, so when one is green, the traffic is approaching the 18 10/31/07 - STREETS - BILL 070868, ETC. intersection from the left. When that signal to the left goes red and that traffic stops approaching, the signal to the right goes green and that traffic approaches. So the people basically don't have a chance to cross because there is no gap due to the high volume of traffic on Cheltenham Avenue, which is actually Route 309 and that's leading to the 309 Expressway.

And that analysis has been forwarded to PennDOT?

We've included that in our letter to PennDOT.

All right. Thank you. Thank you, Mr. Chairman. COUNCILMAN DiCICCO: Thank you. Let the record reflect that Councilwoman Carol Campbell, who is also a member of this Committee, is present. Any other questions for these witnesses? (No response.) 19 10/31/07 - STREETS - BILL 070868, ETC. COUNCILMAN DiCICCO: Madam Managing Director, do you have testimony?

I would like to read the letter into the record, if that's okay. COUNCILMAN DiCICCO: Fine. Thank you.

Thank you. This letter is addressed to Ms. Rina Cutler, Deputy Secretary of Transportation, Commonwealth of Pennsylvania. Dear Ms. Cutler, I'm writing to -- and it's dated October 15, 2007. Dear Ms. Cutler, I'm writing to request your assistance with making the intersection of Cheltenham Avenue and Walnut Lane safer for pedestrians by installing a traffic signal. There have been two pedestrian accidents at this intersection in recent months. On July 6, 2007, an accident occurred in which a 62-year-old woman was killed and one of her two 20 10/31/07 - STREETS - BILL 070868, ETC. great-grandchildren traveling with her was injured. On September 20, 2007, a 50-year-old woman was seriously injured in an accident. Residents in the area have circulated a petition and contacted the local and state officials requesting a traffic light. Cheltenham Avenue is a multi-lane highway that divides Philadelphia and Montgomery Counties. There is a residential neighborhood on the Philadelphia side and an apartment complex on the Montgomery County side of this intersection. There are SEPTA bus stops on both sides of the Avenue and no 17 pedestrian crosswalk or traffic signal. There are traffic signals and, therefore, pedestrian crossings 820 feet to the west at Washington Lane and 690 feet to the east at 20th Street/Massy Way. The City of Philadelphia conducted a signal warrant analysis. While the results are that the intersection does not meet any of the 21 10/31/07 - STREETS - BILL 070868, ETC. Manual on Uniform Traffic Control Devices, we believe that there would be larger numbers of pedestrians if pedestrians felt safer crossing this intersection and if it were easier for cars to turn from Walnut onto Cheltenham. Due to the lack of gaps, vehicle operators do not use this intersection to access Cheltenham Avenue. If a signal were present, we would expect higher numbers. Pedestrians only cross the street where they board or depart SEPTA buses. Our engineers conducted a four-hour count of pedestrians last week and had our counts of 15, 9, 10 and pedestrians per hour 18 from 3:00 to 7:00 p.m. They conducted a count in July 2007 and counted 23 pedestrians in 15 minutes or 92 per hour from 5:35 to 5:50 p.m. Our engineers believe that in a year traffic volumes will grow to warrant the signal, and it is the safest option for pedestrians crossing Cheltenham Avenue. 22 10/31/07 - STREETS - BILL 070868, ETC. We clearly need to add additional traffic control for pedestrians crossing at this point. One option that we considered is widening the median to at least eight feet and make it concrete. We would like to add a crosswalk, but the current federal regulations do not recommend installing crosswalks on multi-lane roadways due to the multiple-threat problem. This leaves the option of establishing a signal for pedestrians or banning the pedestrian movement and forcing a 1,380 feet detour for the pedestrian. We do not believe the pedestrians would obey the ban and, therefore, not ameliorate the present conditions. I'm asking for PennDOT's concurrence to install a traffic signal at this location. Please contact me at your earliest convenience should you have any question or would like to meet with me to further discuss this issue. Sincerely, Loree Jones, 23 10/31/07 - STREETS - BILL 070868, ETC. Managing Director. COUNCILMAN DiCICCO: Thank you, Ms. Jones. Councilwoman Tasco.

Thank you. Ms. Jones, you talk about the federal government would not allow a crosswalk. You mean a crosswalk over the street or crosswalk in the street?

No; just striping the street and putting a crosswalk without adding any additional signals there.

Okay. The other question I'd like to ask Mr. Denny. What is the process when we request a traffic light at an intersection or even a stop sign and you have to get state approval? Do you send a letter? Do you call them and then -- is there just a form that you send? How do you communicate with the state to let them know that you want this to happen?

We generally don't. 24 10/31/07 - STREETS - BILL 070868, ETC. We're a city of the first class, so we can install the devices once we do the study and determine the device, whether it's a stop sign or a traffic signal --

I can't hear you.

Once we decide to install either a traffic signal or a stop sign, we can go out and install it. We don't have to notify the state.

You don't have to notify?

We don't have to.

So why do we have to notify the state in this instance?

We're crossing the boundaries. COUNCILMAN DiCICCO: Crossing county boundaries.

You know, that's not right. I mean, because when we were doing this traffic light at Adams Avenue and Rising Sun, I was told we had 25 10/31/07 - STREETS - BILL 070868, ETC. to get state approval, and that's all City.

In some cases we use federal money, which comes through the state, and we in those cases do need to go to the state and have them approve if they're providing the funds for that project. COUNCILMAN DiCICCO: Let me ask a similar question. If the City agrees that a traffic device is warranted there, if Cheltenham Township or County agrees as well, why would either of us then have to go to the state? Because if I hear you correctly, you said if it were in Philadelphia boundaries only, we can just install it, but because it's across county lines, we then need to go to the state. But if Cheltenham agrees and we agree, can we bypass that?

Cheltenham cannot do that. COUNCILMAN DiCICCO: Because they're not a city of the first class? 10/31/07 - STREETS - BILL 070868, ETC.

The law specifically restricts everyone except cities of the first and second class, are the only ones that are allowed to install signals on their own account. However, if we have the permission of Cheltenham Township to do so, we can do so.

So the Streets Department can -- not you. You're new. But the Streets Department can -- we request a light. I had to introduce an ordinance to get that light at Rising Sun and Adams also. So if I say, Well, we need a light at Rising Sun and Adams Avenue, and you say, Well, we can do it. But then I was told you can't do it, so they're probably saying, Well, we're going to use some federal funds here and that way we don't have to do it. I mean, how do you make that decision?

That was a left turn signal at an existing signalized intersection, and there's questions about 27 10/31/07 - STREETS - BILL 070868, ETC. what the effect of the left turn signal has, which can be a problem. The tipping point in there was the number of trucks that use that left turn, because the site that's around the corner was sending their trucks up that way and there was a fairly large number of trucks and that was a different category, so that we in looking at it that way, we determined that a left turn signal was more appropriate in that case.

Okay. I won't belabor the problem. We'll just talk about it at budget time.

Okay. COUNCILMAN DiCICCO: But we agree that we're going to keep this moving along and at some point if we haven't received an authorization from the state, then we'll revisit it and make a decision. Any other questions for these witnesses? (No response.) 28 10/31/07 - STREETS - BILL 070868, ETC. COUNCILMAN DiCICCO: I assume there is someone else here who wishes to testify on behalf of this bill.

Thank you. COUNCILMAN DiCICCO: If you're testifying, please come to the witness table. Good morning. I would ask that you identify yourself for the record and then proceed with your testimony. I would also ask -- I understand that this has been a long-going issue and I certainly respect the time and the energy that's been put into this, but if you can combine your statement so it's not being repetitive, I think that would help this as well, because I think you hear from our questions and statements this morning that we're certainly going to work to make sure this happens. And with that, I would ask the first witness to identify him or herself and proceed with your testimony. MR. McCLOSKEY: Good morning, 29 10/31/07 - STREETS - BILL 070868, ETC. sir, and good morning, Councilmembers. My name is Bryant McCloskey. I'm a resident of Cheltenham Avenue, 2114 West, and we've established this effort earlier in the summer to try to get this traffic light following the death of Ms. Mattie Nash, but also tied in with other accidents that happened previously over the past 40 years that we've been residents there. And this morning we're here to ask you to consider what we have submitted before you and that our motivation for being here today is prompted by concerns for both life and safety of both vehicular and pedestrian traffic that travel along the Cheltenham corridor between Washington Lane and 20th Street on a daily basis. This is a state highway that separates the communities of Cheltenham Township and Philadelphia at a point where there is a very large pedestrian population on both sides of this highway who must cross it from each side on a 30 10/31/07 - STREETS - BILL 070868, ETC. daily basis to access basic needs and services. On Cheltenham Township side of this highway is the community of Lynnewood Gardens, a garden style apartment complex that contains 1,798 rental units spread out over 122 acres, housing approximately 4,000 residents. This community stretches along Cheltenham Avenue for six-tenths of a mile between Washington Lane to the northwest and Penrose Avenue, which is 19th Street in Philadelphia, to the southeast. Over the years, this community has had many changes in the age, demographics and composition of the residents. There are families now, some are multi level, such as parents whose children have children, as opposed to mostly the elderly and widowed, as in the past. These changes have caused a blending of our two communities, which is 31 10/31/07 - STREETS - BILL 070868, ETC. a major factor in our persisting and growing problem. Factor number two is the very heavy and ever-increasing traffic on Cheltenham Avenue, which is also Route 309. At times this traffic is so dense that it can take five minutes or longer to begin to cross this highway. Once there is a break, you will get out in the middle of Cheltenham Avenue/Route 309 and you'll find yourself stuck there in the middle of this highway standing on two faded yellow stripes, with the hopes of safety. These have proven to be false hopes on many occasions. Over the years people have been hit along Cheltenham Avenue/Route 309 by vehicles while standing on this margin of safety. Recently, July 6, 2007 to be exact, Ms. Mattie Nash, a great-grandmother age 63, a resident of Lynnewood Gardens, came over to the Philadelphia side to go to a corner store 32 10/31/07 - STREETS - BILL 070868, ETC. to get some treats for her two great-granddaughters, who are ages and 4 7 years old. Returning home, Ms. m. in the evening and in the dark. Ms. Mattie Nash was struck and killed by up to three vehicles, two of which kept going. One of her great-granddaughters was also hit and injured. As of this date, the killers of Ms. Nash have not been found. Cheltenham Avenue at Walnut Lane and Williams Way is also a SEPTA bus stop on both sides of this highway. Two weeks after the death of Ms.

Nash, TV Channel 29 visited this location and was able to document an 86-year-old lady, whose name is Sally Elam, who lives in Lynnewood Gardens and takes a bus each 33 10/31/07 - STREETS - BILL 070868, ETC. day from Williams Way to Ogontz Avenue for a newspaper. This is a distance of about six or seven city blocks. She does this as opposed to going to the corner store, which is one city block away on the Philadelphia side because this option requires crossing Cheltenham Avenue twice, once coming and once going back across. Returning home, she got off on the Philadelphia side and she waited for minutes for a break in traffic. Once 14 the break came, she made it out to the 15 middle of Cheltenham Avenue and traffic started coming and she had to run to complete her crossing to get to the other side. She's 86 years old, and that was caught on camera. More recently, another Lynnewood Gardens resident, Ms. Marie Barnett, was crossing this highway, Cheltenham Avenue/Route 309, where it intersects with Williams Way on the morning of September 20th. Ms. Barnett 34 10/31/07 - STREETS - BILL 070868, ETC. was able to get across three of the four lanes of traffic before she made contact with a southbound car in the fourth lane. There were people at the bus stop who were able to get out to her in the street and stop the traffic before she was hit again while lying on the roadway. In a conversation with Ms. Barnett this past weekend, I learned that she suffered head injuries and her leg is broken in three places. She just Thursday became where she could be mobilized and move. She is currently in rehabilitation at Willowcrest Einstein Hospital. She expects to be there until approximately Christmas before she could even come home. She's thankful to be alive, because she thought she was going to be killed as soon as she felt that impact. She told me that. She remembers hitting the car, leaning over, hitting the windshield and sliding back into the 35 10/31/07 - STREETS - BILL 070868, ETC. street. Her children were going to be here today, but I got a call from Ms. Barnett at 6:00 this morning and told me that the children just couldn't do it. I also have another statement that I'd like to read that was e-mailed to me yesterday from a lady who cannot be here. Do I have permission? COUNCILMAN DiCICCO: Yes. MR. McCLOSKEY: It says, "Hello, I'm responding to the flyer notice that was in my mail slot. I live at 7503 North 21st Street and would definitely like to be heard regarding this matter even if it's via e-mail. "Due to my work schedule, I will not be able to attend the meeting Wednesday morning, but still would like to share for the many years that I have lived in this area I have noticed how unsafe it is crossing Cheltenham Avenue from one side to the other. It's unfortunate that Cheltenham Avenue and 36 10/31/07 - STREETS - BILL 070868, ETC. Walnut Lane is so unsafe due to that being a bus stop. More people cross at that section from one side to the other to catch the bus, flagging it down and so forth. However, due to the speeders coming down Cheltenham Avenue, you always take a risk of getting hit even if you stand in between the double yellow lines in the middle of the street. You are taking a chance with your life. "My sister and good friend both used to live in Lynnewood Gardens Apartments off Cheltenham Avenue. It made no sense to drive to their places when they are directly across the street. All three of us have experienced dashing in front of cars to get to each other's homes, and quite frankly, that sucked. Too many times I can personally say I thought I was about to get hit standing in the middle of those yellow lines again waiting for traffic to clear up to get to the other side. "So, yes, we need a traffic 37 10/31/07 - STREETS - BILL 070868, ETC. light at Cheltenham Avenue and Walnut Lane, especially for the elderly or simply older people who are not capable of running from one side to the other to catch the bus.

I'm young and I can do that, but that's not fair for them, nor is it sane. "To my knowledge, this issue has been brought up before in the past to get a light at this intersection. Why hasn't something been done by now? How many more unnecessary lives have to be splattered on our Philadelphia streets before we get something as simple as a light put up? " And this says, "Thank you," from Felicia Parker. COUNCILMAN DiCICCO: Thank you. Thank you. Next witness, please. 38 10/31/07 - STREETS - BILL 070868, ETC. MR. McCLOSKEY: This is Renee Nash. She's the daughter of Ms. Mattie Nash.

Hi. How are you doing? COUNCILMAN DiCICCO: Good morning, Ms. Nash.

Basically I'm just here in hope that the light will be put up. It would be really appreciated. I can't bring my mom back, but at least if the light was put up, no one will have to go through what I'm going through every day, every night. My grandchildren go through it. Just the cries that I heard that night, I can't get those cries out. I mean, she can't come back, but at least I'll know no one else will have to feel the pain that I'm feeling and that my family is feeling. So it really would be appreciated if ya'll would put the light up. At least I can remember that she gave her life and, you 39 10/31/07 - STREETS - BILL 070868, ETC. know, that light will be a memory of her. In my eyes, in my heart, that's what it will be. I no longer live there. I moved. I'm still in that area, so I pass that stop every day. Just to have to pass it and see where my mother laid, she died instantly. So I don't see why we can't instantly put up a light. She instantly lost her life, so we should instantly have a light, and no one should have to die like that. And no one has been caught. They kept going like she's nobody. So, I mean, it really hurts, and I really wish and I hope that the light will be put up. COUNCILMAN DiCICCO: Well, we're going to work towards that, and we share in your sympathy and your loss, and we'll do everything in our power to make sure that it happens. Thank you for coming down here today.

Thank you. COUNCILMAN DiCICCO: Yes, 40 10/31/07 - STREETS - BILL 070868, ETC. ma'am.

My name is Valeda Smith. I'm the block captain in the 7500 block of 21st Street. Excuse me, because even still thinking about Ms. Nash getting hit just stirs me. COUNCILMAN DiCICCO: Take your time.

In 1998, I was attempting to come off of 21st Street to make a left onto Cheltenham Avenue to go up to the Cheltenham Mall, and coming out on the Philadelphia side, I was hit broadside, $3,000 worth of damage. My car was in the shop for three weeks. In order for me to get to Cheltenham Mall or to get further west on Cheltenham Avenue, I have to make a choice of either going four blocks out of the way, which is back the opposite way, or seven blocks around the other to get to a traffic light to come out on Cheltenham Avenue. So, yes, we do need a traffic 41 10/31/07 - STREETS - BILL 070868, ETC. light. And that's my statement. COUNCILMAN DiCICCO: Thank you. The other ladies, are you testifying, ladies?

That's my committee person here. COUNCILMAN DiCICCO: Good morning.

Good morning. My name is Marlene Hardy and I too am a block captain. I wear many hats, but I'm here as a community advocate for us trying to get a light at Walnut Lane and Cheltenham Avenue. This is not new to me. Over 30 years ago, there was a little old lady crossing over to visit her friend right at the first house on Walnut Lane and Cheltenham Avenue, and that would be, I think, the 2100 going on Cheltenham Avenue, and she was struck and killed. We walked. We went out on the street trying to get a light over 30 years ago, maybe 35. I'm going to say 42 10/31/07 - STREETS - BILL 070868, ETC. 33, 35 years ago. And we went out. We didn't work as much or to the extent we have come now, but we've come very far and we're asking that a light be put there. I have had my own personal experience. I live on Walnut Lane in the 7300 block. I could come right down Cheltenham Avenue, make a right and go right to my home. I never do, for the simple reason that I have almost been hit twice in my car just trying to make a turn. When they come down Cheltenham Avenue and you're going to make a right on Walnut Lane, you better almost be on two wheels to get around that corner, because they will hit you. We need a light. We've been fighting too long. And I do understand Cheltenham, Montgomery County has been resistant of this. We need a light, and we're not going to stop until we get a light. COUNCILMAN DiCICCO: Thank you. 43 10/31/07 - STREETS - BILL 070868, ETC. Thank you. Yes, ma'am.

Good morning. My name is Terry Ruffin. I'm the block captain from the 7500 block of Walnut Lane and I'm also a social change agent. I'm here today in front of you because we need this traffic light. I am both a driver and a pedestrian. I have cerebral palsy. It is very difficult when I'm in my pedestrian role trying to cross that street. When I walk, I drag a leg, which means that I could trip at any time. So, therefore, if I was to trip as I'm trying to run across that intersection, I would be struck immediately and lose my life. I'm very fearful of this. As a driver, I've attempted to make both left and right turns off of Cheltenham Avenue. I've been almost hit by the rear multiple times despite the display of my handicapped tags. I'm begging you today to consider the seriousness and the need for 44 10/31/07 - STREETS - BILL 070868, ETC. this light. Also, I'm here to say that we as a community, particularly the African-American community, need to have our faith restored in the political process, and for us, the institution of this light would help us so much to believe that it is a reason to believe in the process and to come out and vote and that our politicians actually do care about us. COUNCILMAN DiCICCO: Thank you. And I think it's evident that politicians, elected officials do care. That's the process we're going through. In some cases we wish we can just make these things happen immediately, but we can't and there is a process. Our role is to try to get through that bureaucracy much more quickly. And I understand this has been going on for years, but you're in capable hands with Councilwoman Tasco. This Committee here is your concern. You've heard some of the comments that were made by this Committee to the 45 10/31/07 - STREETS - BILL 070868, ETC. Streets Department and the Managing Director. We're all on the same page, and we're going to make sure that we will not wait forever for this happen. We will not sit back and just sit back idly for another six months or so. We're going to make this thing happen as quickly as we possibly can. And as you heard us say earlier, if we don't get the approval from the state, we'll have to figure out what action we need to take on our part, and if the state wants to sue us, let them sue us. They're suing us over casinos. They might as well sue us over traffic lights next. (Applause.) COUNCILMAN DiCICCO: Councilwoman Tasco.

I certainly just want to thank all of you for coming out, but having the support of the Streets Department and the Managing Director's department is most encouraging, because usually we butt 46 10/31/07 - STREETS - BILL 070868, ETC. heads. But the Streets Department is supportive of this, as well as the Managing Director's Office. So I want that thank the Managing Director's Office for sending a letter, which is one of the -- COUNCILMAN DiCICCO: And appearing today.

And appearing today, which has not been the case in a lot of instances. Okay? So know that we are supportive. And I do believe that we'll get the approval for the lights. It's just going to -- and you heard Mr. Denny say they're proceeding now to move to design the light and work to put out a bid to install the light. So I think you have a commitment here that it's going to take place. It's going to take place. You just need to bear with the bureaucracy to get it done. They've got to get a bid, got to get blah, blah, blah, all that stuff, but you get your light, and I 47 10/31/07 - STREETS - BILL 070868, ETC. believe the state will be compliant. (Applause.) COUNCILMAN DiCICCO: Yes, ma'am. Will you be testifying?

What I have to say coincides with what Terry said. I've been a driver up in the area. I've lived there for 30 years. My son and I -- my son is mentally handicapped, he's challenged. So when he's trying to cross that street, it drives me crazy watching him step out and watching cars just zoom so close to him, especially when he's in the middle. He's an adult, but he's still mentally challenged. So his life sometimes -- he comes home all upset sometimes and quite shaky. He has a bad heart. So I have numerous things that I worry about with him and that traffic on the corner, as well as myself. I ride three different buses just not to have to cross that street. I go back the other way and circle around and come up on Cheltenham Avenue with the 48 10/31/07 - STREETS - BILL 070868, ETC. XH rather than cross the street, catch the bus. I come all the way around, 4 go up in the loop, get off the loop, 5 catch the 22 bus, and then I have to 6 catch another bus when I get off the 22. 7 So I'm losing a lot of time, freezing 8 sometimes in the winter, you know, just 9 to get from A to Z. So we would 10 appreciate you putting the light on that. 11 COUNCILMAN DiCICCO: Thank you. 12 And would you please identify yourself 13 for the record. 14

My name is Gladys 15 Eve. I live at 7443 East Walnut Lane. 16 COUNCILMAN DiCICCO: Thank you. 17 Thank you for your testimony. 18 Is there anyone else who will 19 be testifying? 20 (No response.) 21 COUNCILMAN DiCICCO: 22 Councilwoman Miller.

I just want to make a comment. Some of us live in the area, have been driving up -- I've 49 10/31/07 - STREETS - BILL 070868, ETC. been driving up and down Cheltenham Avenue, and I agree with the committee person in the middle. To make a right turn off of Cheltenham, it's like a speedway. I personally like to go to Lee's Hoagies down at 19th and, you know, sometimes I'm perplexed at where am I going to park. I can't stop on Cheltenham Avenue because I'm afraid somebody is going to rear end me and cause a big accident. So we are all sympathetic. You got to remember, we also live in the City. We know what these roads and streets are like, and we'll do whatever we can to help you out. And I really -- I was sitting here looking through all the documents and whatnot that you've sent, and this is really good. I think this is excellent documentation. COUNCILMAN DiCICCO: Thank you. Thank you, Councilwoman. Anyone else to testify on this bill? 50 10/31/07 - STREETS - BILL 070868, ETC. (No response.) COUNCILMAN DiCICCO: Thank you all for coming today. We're going to just jump ahead and go to of the bills to Bill No. 7 070682, and then we're going to come back to Councilwoman Campbell's bills. Councilwoman Miller asked that we get to this bill because we have a witness who must leave on a personal matter, and there's an amendment. Mr. Abernathy, please read the title of that bill.

Bill 070682, an ordinance amending Section 9-208 of The Philadelphia Code, entitled "Sidewalk Cafes," by permitting sidewalk cafes to be maintained on Germantown Avenue, both sides, between Cresheim Valley Road and Rex Avenue, under certain terms and conditions.

Good morning, Chairman and members of the Committee. My name is William Mautz and I'm a 51 10/31/07 - STREETS - BILL 070868, ETC. Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 070682. This bill amends Section 9-208 of The Philadelphia Code, entitled "Sidewalk Cafes," by permitting sidewalk cafes to be maintained on Germantown Avenue, both sides, between Cresheim Valley Road and Rex Avenue. This bill 11 and the proposed amendment to the bill is supported by the Streets Department and is recommended to your Committee for favorable action. COUNCILMAN DiCICCO: Thank you. Mr. Previdi.

Yes. I'm Bob Previdi -- COUNCILMAN DiCICCO: Previdi.

-- Executive Director of the Chestnut Hill Business Association. Our office is at 8426 Germantown Avenue. Chestnut Hill is a very cute ideal main street that has 160 businesses. We have a number of 52 10/31/07 - STREETS - BILL 070868, ETC. restaurants, and we are working hard to try to attract and retain our customers. Thanks to Councilwoman Miller's help, we -- COUNCILMAN DiCICCO: Excuse me, Mr. Previdi. I would ask the folks who are leaving if you would try to do it in a more quiet fashion. We do have other testimony going on and it is difficult for the stenographer to hear the testimony. Thank you. Mr. Previdi.

So we have a number of -- thanks to Councilwoman Miller, we created a business improvement district and we've had a streetscape project, a streetscape plan completed, and we've had a marketing study done, and both of those things point to having more life on the sidewalks. And so this bill 23 will help us encourage more activity on the sidewalks to help our businesses on the Avenue. We help our businesses. We 53 10/31/07 - STREETS - BILL 070868, ETC. help our community. We help our city. That's all. COUNCILMAN DiCICCO: Thank you. Councilwoman Miller.

There is an amendment to this bill and that's what we're introducing today. I believe you may have -- hopefully you have a copy. COUNCILMAN DiCICCO: We have a copy. Copies have been distributed.

I have a copy. It's fine.

Right. And I strongly support this and look forward to seeing people sitting outside.

Thank you, Councilwoman.

It's a little bit too cold right now.

It's a little chilly now. Put on a jacket. COUNCILMAN DiCICCO: Put a heater out there, they'll be fine. Thank you. 54 10/31/07 - STREETS - BILL 070868, ETC. Anyone else here who wishes to testify for or against this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I will ask Mr. Abernathy to read the title of the next bill.

Resolution No. 9 070378, a resolution authorizing City Council's Committee on Streets and Services to investigate why the sidewalk cutouts throughout Center City are not adequately draining and to investigate whether or not there are other locations throughout the City where the sidewalk cutouts are structurally defective; and to determine how the problem of the sidewalk cutouts can be corrected and to have them corrected. COUNCILMAN DiCICCO: Mr. Mautz.

Good morning, 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 55 10/31/07 - STREETS - BILL 070868, ETC. following testimony on Resolution No. 3 070378. The Streets Department supports the adoption of the resolution and will assist City Council's Committee on Streets and Services with the investigation. COUNCILMAN DiCICCO: Thank you, Mr. Mautz. Anyone here who is to testify? Councilwoman Campbell, do you wish to be recognized?

Yes, I do. There's an urgency on the investigation for these cutouts, because winter is approaching and when it doesn't drain and it rains, there's ice there, and when you try to go down in a wheelchair, the wheelchair starts slipping and you can go down and be turned over in the wheelchair, and that's why this is a very dangerous situation. It needs to be addressed immediately. 56 10/31/07 - STREETS - BILL 070868, ETC. COUNCILMAN DiCICCO: I agree with you, and I've noticed even for the folks who may not be wheelchair bound, the average pedestrian walking, when those puddles form between the curb -- or in the street along the curbline, I mean, it just becomes another hazard. My understanding, if I'm not mistaken, I know several years ago when the City installed these, wasn't there some arrangement with the contractors where those deficiencies were located that the contractor was required to come back out and correct those locations? Mr. Mautz, could you speak to that.

Well, there are quite a large number of ramps, handicapped-accessible ramps, at the radiuses throughout the City. The ramps were installed in a number of different fashions, either by the Department of Streets by a contract or the Pennsylvania Department of Transportation or private 57 10/31/07 - STREETS - BILL 070868, ETC. developer, and depending on the age of the installation, the specification that they were installed under has actually modified over the years. If there is a specific list or location of problem locations, if the Councilwoman's office would want to forward that to me for immediate investigation, I certainly will work with them. COUNCILMAN DiCICCO: Because I have a few I know of -- I'm sure there's many in my district, but there's some that are much more identifiable than others. So we will do that. Councilwoman Campbell, any other comments?

I can't hear you. What did you say? COUNCILMAN DiCICCO: Any other comments?

No, thank you. COUNCILMAN DiCICCO: Thank you. 58 10/31/07 - STREETS - BILL 070868, ETC. Is there anyone else here who wishes to testify? Mr. Iacullo, would you please come forward.

Yes. Good morning, Councilman DiCicco. COUNCILMAN DiCICCO: Please identify yourself for the record.

Sure. My name is Rocco Iacullo. I'm a staff attorney with the Disability Rights Network of Pennsylvania. We're a federally mandated, non-profit organization that works on behalf of people with disabilities and advocates for their civil rights for people with disabilities throughout the State of Pennsylvania. My particular work at DRN focuses on ADA issues, including Title 2, which applies to state and local government entities. One of the areas that in my few years with DRN that has been identified as a recurrent problem with many municipalities across the state is the 59 10/31/07 - STREETS - BILL 070868, ETC. issue of curb ramps, both the installation as well as the maintenance, and I am here today to strongly urge Council to pass Bill 070378 to further investigate problems with curb cuts in the City of Philadelphia, both drainage problems as well as what I perceive to be maintenance issues. But also I have serious concerns about many of the curb ramps not complying -- not appearing to comply with either the UFAS, Uniform Federal Accessibility Standards, or the ADA accessibility standards. One of the major problems which I think contributes to the drainage problem is that it appears that many curb ramps do not comply with the sloping requirements under either of those standards. In my work, I'm obviously familiar that there are feasibility issues that can arise that prevent curb ramps being installed in full compliance, but I believe that with many of the curb 60 10/31/07 - STREETS - BILL 070868, ETC. ramps in Philadelphia, that there could be locations where just not enough time was put into the design of the curb ramps, leading to extreme slopes, which contributes to the drainage problems. I myself also use a motorized wheelchair, so I am quite familiar with the curb ramps in Center City. There's many corners that are really bad with the drainage. Broad and Chestnut is one location where after a significant rain, there's at least a three- to four-inch puddle at the bottom of the ramp, and as you've indicated, many able-bodied pedestrians will actually walk around that and down the curb, which is not an option for a person in a wheelchair. So that is a major problem. It also in the wintertime creates an even further problem that I think Councilwoman Campbell recognized, that that water will freeze and will also make it very dangerous for a person in a wheelchair to use the curb ramp. 61 10/31/07 - STREETS - BILL 070868, ETC. So, again, in my experience, there appears to be significant problems. I wasn't around for the litigation in the '90s with regards to the requirement, the lawsuit against the City requiring them to install curb ramps, but, again, from my day-to-day experience in using the curb ramps, it appears that many of them are not in compliance with ADA standards and, namely, there appears to be a sloping problem, and it's also based upon my work on other cases with other municipalities, which I was also here to just share a little bit of my experience. R. Gray to assist the city with basically surveying every single intersection throughout the city to determine whether the curb ramps that have been installed are in full compliance with either the UFAS or ADA standards, and I believe that is the only 62 10/31/07 - STREETS - BILL 070868, ETC. foolproof way to really determine the state of the curb ramps. And I understand with Philadelphia that the cost issue there is going to be much greater. We're dealing with a much larger city, but I think that's the only foolproof way to determine whether the curb ramps are in compliance with the standards and to determine what types of issues need to be repaired with them. And also with the drainage issue, there's a lot of guidance out there about how to solve that problem, and the drainage could be possibly an easy solution and there's a lot of guidance out there. And I would be happy, if Council would like me, to forward some of those guidance documents that are out there.

I mean, I would be more than happy to do that. But, again, I strongly urge Council to pass Bill 070378 and look into this very, very serious problem. Again, it's a civil rights issue for people with 63 10/31/07 - STREETS - BILL 070868, ETC. disabilities in blocking their access in the City, but it also is a danger issue for able-bodied pedestrians as well. COUNCILMAN DiCICCO: Thank you. And if you would forward that information to me, I would appreciate that.

Sure. COUNCILMAN DiCICCO: Any questions for this witness? (No response.) COUNCILMAN DiCICCO: Is there anyone else here who wishes to testify? Sir, would you please come forward. Good morning, sir. Would you please identify yourself for the record and proceed with your testimony.

Good morning, Councilman DiCicco. My name is Thomas Earle and I am a civil rights attorney that has represented children and adults with physical and mental disabilities for the past 15 years. Originally I started off in Philadelphia working as an ADA 64 10/31/07 - STREETS - BILL 070868, ETC. litigation coordinator at the Disabilities Law Project, which was the predecessor law firm at which my colleague, Rocco Iacullo, just worked at. They changed their name to the Disability Rights Network of Pennsylvania recently. I was around during the early '90s when the case Kinney Jerusalem versus the City of Philadelphia was litigated in the Federal District Court up through the Third Circuit all the way up to the Supreme Court requiring the installation of curb cuts back then whenever the City did street repair work. Clearly, that's not at issue here today, but it does give a backdrop of the history of the problem in Philadelphia, especially in light of the City being such an old historic city and the difficulty of achieving safe curb ramps and curb cuts in a uniform matter. I am currently the Chief Executive Officer of Liberty Resources, which is the center for independent 65 10/31/07 - STREETS - BILL 070868, ETC. living, which is located in your district at 714 Market Street. We relocated there about months ago. Prior to that, we 5 were at the northern end of your district 6 at 1341 North Delaware Avenue near Penn 7 Treaty Park there. During that period, 8 the issue of curb cuts, the lack of curb 9 cuts and dangerous curb cuts, was a 10 severe impediment to our organization and 11 the thousands of people with disabilities 12 that we serve each year, notably along the Girard Avenue corridor from the accessible bus and El station at Front and Girard. Moving east there are often no curb cuts or some curb cuts and often curb cuts that were not properly maintained. We strongly support passage of this ordinance. It's a huge positive step in the right direction. The City does need to incorporate a standard of uniformity when installing and repairing its curb ramps. The cost may be viewed as significant up front as this program 66 10/31/07 - STREETS - BILL 070868, ETC. and enforcement of this ordinance is implemented, but the long run -- the long-term cost of improved safety and uniformity clearly outweigh the detrimental cost up front. We have had colleagues who use manual and motorized wheelchairs forced to compete with moving traffic on the street because they're unable to safely travel on the sidewalks. This has sometimes resulted in serious injury and even death. It's a serious public health matter. It's a matter that not only impacts people with disabilities, but it also impacts a far broader range of people who benefit from the proper installation of curb ramps, including mothers who use baby strollers, the elderly who use walkers, delivery men who deliver products and goods to different businesses throughout the City. All of these populations will collectively benefit tremendously from an ordinance 67 10/31/07 - STREETS - BILL 070868, ETC. that seeks uniformity in the installation -- the design and installation of curb ramps. So from that perspective, Liberty Resources applauds your effort and City Council's effort to address this problem with this ordinance. The second issue is maintenance, and that often involves the removal of ice and snow. When that does not happen in a prompt manner, the City's relatively high degree of accessibility that is enjoyed by thousands of people with disabilities, including those who have to work just like us, 9:00 to 5:00 or longer hours, whatever they do each day, is greatly impeded when they're on an accessible bus, they get off at a corner and then they're literally landlocked and unable to go anywhere because the City has unintentionally perhaps plowed a pile of ice and snow, blocking the corner where the curb ramps typically are installed.

This is a huge 68 10/31/07 - STREETS - BILL 070868, ETC. problem and a problem that should also be considered within the context of this ordinance. The last piece of information I want to emphasize is the need for enforcement by the Philadelphia Parking Authority to enforce parking regulations and prevent motorists, truckers and other motor vehicles who often park at the corner. Whether it's for five minutes or an hour, it doesn't matter. It has the impact of denying access to the person in the wheelchair who is trying to get by. When a vehicle is parked in front of a curb ramp, that curb ramp becomes unusable, and the result is that the person has to turn around and go somewhere else and sometimes venture into the street, thereby causing another public hazard. So we fully support the ordinance and will lend, along with the Disability Rights Network of Pennsylvania, any technical expertise 69 10/31/07 - STREETS - BILL 070868, ETC. that we have. One architect in the City of Philadelphia who is very familiar with compliance under the Americans with Disabilities Act is Gray Smith, who has served on a number of City zoning boards and design boards and the Architectural Review Board. He's very well qualified, has vast knowledge and experience in ADA in design and implementation, and he's somebody who should also perhaps be considered on a technical advisory panel addressing this issue as this ordinance 14 is considered further and ultimately implemented. COUNCILMAN DiCICCO: Thank you. Thank you, sir, for your testimony, Mr. Earle. Is there anyone else who wishes to testify for or against this bill? ) COUNCILMAN DiCICCO: Seeing none, I will ask Mr. Abernathy to read the title of the next bill.

Bill No. 070559, an 70 10/31/07 - STREETS - BILL 070868, ETC. ordinance amending Title of The Philadelphia Code, entitled "Traffic Code," by providing for the removal or immobilization of vehicles illegal parked in reserved spaces for the physically handicapped and severely disabled veterans and of vehicles blocking any part of a curb cut or handicapped ramp.

Good morning, 11 Mr. Chairman. My name is Richard 12 Dickson. I am the Senior Director of Strategic Planning at the Philadelphia Parking Authority. This bill would make two violations of The Philadelphia Code towable under the Traffic Code section. Those violations are blocking a curb cut for people with disabilities and parking in a space reserved for people with disabilities. Both of these things when those ramps are blocked or when those zones are being used by people who are not disabled, it inhibits the ability of people who are disabled to engage fully 71 10/31/07 - STREETS - BILL 070868, ETC. in the commercial and life of the City, and we support passage of the bill. COUNCILMAN DiCICCO: Thank you, Mr. Dickson. Is there anyone else here who wishes to testify? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, please read the title of the next bill.

Bill No. 070695, an ordinance amending Chapter 12-2700 of The Philadelphia Code, entitled "Permit Parking Districts," by increasing the permit parking and renewal fees, within certain permit parking districts, for any vehicle in excess of one per household, and making certain technical changes, all under certain terms and conditions.

Mr. Chairman, the Parking Authority has been reviewing permit parking fees for quite some time. There have been competing proposals from various community groups and business 72 10/31/07 - STREETS - BILL 070868, ETC. associations regarding permit parking. The Center City Residents Association recently completed a study recommending that those prices be adjusted. We believe that we would like to approach this in a more comprehensive way rather than just dealing with one particular permit parking district. While I understand Councilwoman Campbell's desire to limit the number of vehicles that are getting permits and making demands on the public spaces, we would like to ask her permission and the Committee's permission to come back to the Council with a comprehensive proposal to deal with permit parking fees citywide rather than just in one permit parking district. COUNCILMAN DiCICCO: Councilwoman Campbell, do you have any comments?

How long would it take?

I think that we 73 10/31/07 - STREETS - BILL 070868, ETC. can complete a proposal within 30 days and come back to the Council after Thanksgiving with that.

I'm trying to think. I think after Thanksgiving would not be good because of our Calendar. If it could be before Thanksgiving. COUNCILMAN DiCICCO: Well, I think we only have one or -- is it two session days between now and Thanksgiving or one?

One. COUNCILMAN DiCICCO: There's only one Council session day between now and Thanksgiving.

Not counting tomorrow. COUNCILMAN DiCICCO: Not counting tomorrow. I'm not counting tomorrow. I mean, this Committee will be obviously able to hear any amendments or recommendations. We would have enough 74 10/31/07 - STREETS - BILL 070868, ETC. time, right?

No. We may not be able to ensure the Mayor's signature. COUNCILMAN DiCICCO: Oh, that's right. We may not be able to ensure the Mayor's signature.

Our fear on this proposal is that it's going to put both the Council and the Authority in a position where we have competing regulations in various neighborhoods of the City, and we really would like to be able to deal with this consistently. We also think that it could present the possibility of raising legal action from people in this district who are now paying a higher fee than other people in the City, which could eventually inhibit our ability to implement it at all. COUNCILMAN DiCICCO: Has there been any discussion about any issues concerning uniformity?

That is the 75 10/31/07 - STREETS - BILL 070868, ETC. issue. COUNCILMAN DiCICCO: It sounds like that's what you're saying.

That is the basis of our reticence to support this bill. COUNCILMAN DiCICCO: Maybe I could recommend that we could vote this bill out today and hold it on the Calendar, and hopefully, Mr. Dickson, you can get back to the sponsor of the bill 12 in a much more quicker fashion before Thanksgiving. I'm still not sure about the timing of it with the Mayor's signature, but we can vote it out and any changes maybe we can make prior to Thanksgiving. If we have to have a special Committee hearing, we can do that. I'm trying to be accommodating here.

That's completely up to the members of the Committee. The Authority would object to the bill in its current form because we believe that we would have difficulty legally sustaining 76 10/31/07 - STREETS - BILL 070868, ETC. this.

Legally sustaining it in what manner?

Because it's not being applied consistently across the City. The fees would not be consistent across the City.

Why would they sue the Authority and not the City?

Because the Authority is charged by the City with administering the provisions of this bill.

I thought the fees would be paid to L&I.

No. The fees are paid to the Authority.

These permits come through the Parking Authority. That's what you're saying?

Yes, ma'am.

We can't wait 30 days. This is a tremendous 77 10/31/07 - STREETS - BILL 070868, ETC. problem in my district, tremendous. Every time we've had a town meeting, there was great outcry from the community about this situation. I understand what you're saying, but if we can turn around bills within to 48 hours in Council, I'm 9 sure that you can give us the information 10 that you feel we need to do to amend this 11 quicker than 30 days. 12 COUNCILMAN DiCICCO: Well, 13 again, I think that the only options we 14 have here is to, A, vote it out 15 favorably, as I suggested, wait to see 16 what, if any, amendments would come back 17 from the Parking Authority, because if we 18 don't -- if the bill gets tossed, we're 19 never going to have time to get a new 20 bill in and any adjustments to that. So 21 my recommendation is we vote it out in 22 its current form. The Parking Authority 23 comes back with any amendments and/or -- 24

When would you need the amendments in order for them to 78 10/31/07 - STREETS - BILL 070868, ETC. be considered? Would they be considered before the Committee or before the full Council? COUNCILMAN DiCICCO: Before the full Council.

And when would you want those amendments? COUNCILMAN DiCICCO: Well, again, aside from tomorrow, there's only one session day between now and Thanksgiving, which would be the 15th, I believe.

Yes. COUNCILMAN DiCICCO: November 15th, which gives you a little more than two weeks.

I will do my best to do that. COUNCILMAN DiCICCO: All right. Thank you.

You can't ask for anything more than that. COUNCILMAN DiCICCO: Thank you, Councilwoman. 79 10/31/07 - STREETS - BILL 070868, ETC.

Thank you. COUNCILMAN DiCICCO: Any other witnesses? Anyone else wishes to testify on this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I'll ask Mr. Abernathy to read the title of the next bill.

Bill No. 070872, an ordinance authorizing the Commonwealth of Pennsylvania, its agents, successors and assigns, to construct, own and maintain encroachments in the right-of-way of the east side of North Broad Street between Arch and Race Streets and the south side of Race Street between North Broad and 12th Streets, under certain terms and conditions.

Good morning, 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 80 10/31/07 - STREETS - BILL 070868, ETC. following testimony for Bill No. 070872. This bill authorizes the Commonwealth of Pennsylvania to construct, own and maintain architectural building projections on the east side of Broad Street between Arch Street and the south side of Race Street between North Broad and 12th. The building projections will be constructed in conjunction with the Pennsylvania Convention Center expansion. The Streets Department has reviewed the construction plans for this project. This bill is supported by the Department of Streets and is recommended to your Committee for favorable action. COUNCILMAN DiCICCO: Thank you, Mr. Mautz. Anyone here who wishes to testify for or against this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, please read the title of the next bill. 81 10/31/07 - STREETS - BILL 070868, ETC.

Bill No. 070694, an ordinance amending Section 9-208 of The Philadelphia Code, entitled "Sidewalk Cafes," by limiting the hours of operation of sidewalk cafes located within certain areas of the City, and by making certain technical changes, all under certain terms and conditions. COUNCILMAN DiCICCO: Good morning, Mr. Haigler.

Good day, Councilman DiCicco and members of the Committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today I'm here to provide testimony on Bill 070694, which, if enacted, will prohibit sidewalk cafes from operating between the hours of 12:00 midnight and 8:00 a.m. in the area bounded by Shurs Lane, Green Lane, Cresson Street and the Schuylkill River. The Department of Licenses and Inspections offers no objection to the 82 10/31/07 - STREETS - BILL 070868, ETC. enactment of this bill. However, Council is advised that since we are not a 24-hour operation, we will have to rely on assistance from the Police Department to enforce the provisions related to the operating hours for sidewalk cafes in the designated area. Our current policy allows for the police to issue three $75 tickets to the owner/operator of a business that is in violation in order to document the offense. After the third ticket has been issued and the matter is referred to us by the police, we then issue to the owner/operator an Intent to Cease Letter notifying him or her that continued violations of the operating hour provision will result in the Department closing down the business activity and posting a Cease Operation Notice on the establishment. We have found that working in cooperation with the Police Department has been beneficial in the past to 83 10/31/07 - STREETS - BILL 070868, ETC. enforce provisions related to the business operating hours, and we plan to continue working closely with them to ensure compliance with this bill should it be enacted into law. Thank you for the opportunity to provide the Department's testimony. I'll be happy to answer any questions at this time. COUNCILMAN DiCICCO: Thank you, Mr. Haigler. Is there anyone who wishes to testify for or against this bill? (No response.) COUNCILMAN DiCICCO: Stay there. We're going to do your next two bills. That way, you can get back to work.

Okay. Thank you. COUNCILMAN DiCICCO: Mr. Abernathy, the next bill, please.

Bill No. 070866, an ordinance amending Section 9-205 of The Philadelphia Code, entitled "Sidewalk 84 10/31/07 - STREETS - BILL 070868, ETC. Sales," by prohibiting vending within an area bounded by 60th Street, Elmwood Avenue, 67th Street and Kingsessing Avenue, on both sides.

Good day, Councilman DiCicco and members of the Committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today I'm here to provide testimony on Bill 070866, which, if enacted, will prohibit sidewalk vending in the area bounded by 60th Street, Elmwood Avenue, 67th Street and Kingsessing Avenue. The Department of Licenses and Inspections offers no objection to the enactment of this bill and is prepared to enforce its provisions should the bill 20 pass in Council and it is signed into law by the Mayor. Thank you for the opportunity to provide the Department's testimony. COUNCILMAN DiCICCO: Thank you, Mr. Haigler. 85 10/31/07 - STREETS - BILL 070868, ETC. Anyone else who wishes to testify on this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.

Bill No. 070877, an ordinance amending Section 9-213 of The Philadelphia Code, entitled "Farmers' Markets," by adding as a permissible location Aviator Park, all under certain terms and conditions.

Good day, Councilman DiCicco and members of the Committee. I am Otis Haigler, Jr., the Director of Legislative Affairs for the Department of Licenses and Inspections. Generally the Department has no 20 issues with farmers' markets being located within the City, and the general course we have in the past supported enactment of bills related to the location of farmers' markets, but we also understand that there has to be some 86 10/31/07 - STREETS - BILL 070868, ETC. issues that need to be worked out with the Fairmount Park Commission on this particular bill, and we're at this present time offering no opinion on the bill to those issues all worked out with the Fairmount Park Commission. Once they're worked out, then we would -- if everything is in agreement, everybody is satisfied, then we will support the bill. COUNCILMAN DiCICCO: Thank you, Mr. Haigler. The Chair recognizes Councilman Clarke.

Thank you, Mr. Chairman. Mr. Chairman, this particular bill, we will be offering an amendment on the bill. It's technical in nature. I understand that we do have a representative from the local community organization that's here. There are a couple of issues with respect to Fairmount Park that need to be discussed over the next couple of days, and we 87 10/31/07 - STREETS - BILL 070868, ETC. believe by the time the bill is actually called up for a final passage, that those issues, whatever they may be, will be resolved. COUNCILMAN DiCICCO: Thank you. Anyone else here who will be testifying? Please approach the table, identify yourself for the record and proceed with your testimony.

Good morning, Chairman DiCicco and Councilman Clarke. My name is Rob Stewart. I'm the President of the Logan Square Neighborhood Association, which boundaries are north of Market Street to Spring Garden, west from Broad Street to the River. So Aviator Park falls into that jurisdiction. This idea for a farmers' market has emerged from community members who were talking to farmers at Fitler Square, existing farmers who have been operating in the City for about six years, and 88 10/31/07 - STREETS - BILL 070868, ETC. basically say, Wouldn't it be nice. And the farmer said, Yes, we're looking for another location. The Association worked with these residents and said, Go look around, find sites. After about four months, they came back with Aviator Park as a site. The Association advised these residents to reach out to the near neighbors, so Franklin Institute, which is basically the right -- Aviator Park, for those who aren't aware, is right in front of the Franklin Institute. They were contacted and are in support. Moore College was contacted and they are in support. The senior citizen assisted living facility at the corner has also been approached. We're thrilled with the concept of bringing a farmer once a week to come to that newly renovated park, and we'd ask that this motion move forward. We made a commitment to Fairmount Park and the Executive Director when we talked to 89 10/31/07 - STREETS - BILL 070868, ETC. them. It was an inadvertent -- there was not a communication earlier, but there's communication now, and we're going to be sitting down with him and his senior staff long before this -- at this point, the season is over. We'd like the bill 8 to move forward, but anticipate that the market won't be open until the spring. COUNCILMAN DiCICCO: Thank you. Sir, you were going to be testifying?

My name is Brian Lang. I'm the Project Manager for the Food Trust Farmers' Market Program. I just wanted to offer a little bit of testimony. The Food Trust was founded in 1992 to ensure everyone's access to affordable and nutritious food. One of the ways we've done that over the years is by operating farmers' markets in neighborhoods all over Philadelphia. In surveys, customers at our markets report they increase their fruit and vegetable 90 10/31/07 - STREETS - BILL 070868, ETC. intake by two servings a day. It's very noticeable given the obesity epidemic that's taking a toll on many of our inner city neighborhoods. This year we opened the Headhouse Farmers' Market at 2nd and Lombard Street. It's the largest, most successful market to date in Philadelphia. It leads us to believe that demand for farmers' markets is at an all-time high here. Additionally, in a recent study conducted by the Trust that involved interviews with 110 farmers, they expressed to us that strengthening Pennsylvania's networks of farmers' markets was important to the future of agriculture in our state. The process of getting this location started happened very much according to the way Mr. Stewart just described it. What's been different for us is that here the community approached us saying we have the spot, we have the 91 10/31/07 - STREETS - BILL 070868, ETC. farmer, let's go. Typically it kind of happens in reverse order and we go to the community and find the farmers. So it was a bit of an irregular process for us. In the past, we do very extremely thorough sort of site feasibility stuff to identify potential stakeholders. It happened a little differently this time. We think, however, that Aviator Square would be a great addition to Philadelphia's growing network of farmers' markets as well as the Logan Square community. Thank you for your time, and I'm happy to answer any questions you may have. COUNCILMAN DiCICCO: Thank you. Councilman Clarke.

I'm fine. COUNCILMAN DiCICCO: Anyone else here who wishes to testify? (No response.) COUNCILMAN DiCICCO: Good luck. These are welcome additions to every 92 10/31/07 - STREETS - BILL 070868, ETC. neighborhood --

Thank you. COUNCILMAN DiCICCO: -- even though they're not in my district. Mr. Abernathy, please read the title of the next bill.

Bill No. 070696, an ordinance authorizing the installation of a traffic light at Sorrento Road and Conshohocken Avenue, the installation of stop signs on 47th Street at the intersection of Conshohocken Avenue, and the removal of a traffic light from 47th Street and Conshohocken Avenue. COUNCILMAN DiCICCO: Anyone here testifying on this? Mr. Denny.

I'm sorry. I didn't hear what the amendment was.

696. COUNCILMAN DiCICCO: 696.

No; what you actually amended. COUNCILMAN DiCICCO: What am I 93 10/31/07 - STREETS - BILL 070868, ETC. recommending? Is that what you said? (Pause.)

Mr. Chairman, members of the Committee, thank you for the opportunity to appear before you today. My name is Charles Denny and I am the Acting Chief Traffic Engineer for the Department of Streets. I'm here to offer testimony on Bill 070696. The Streets Department has objections to this bill. The location for the traffic signal was changed. The Streets Department met with representatives of the disabled community and the Managing Director to discuss the appropriate location for the traffic signal. After conducting traffic counts and reviewing them, it was determined that the appropriate location for the traffic signal was 45th Street and Conshohocken Avenue. This signal began operation last Friday, October 26, 2007. Thank you for the opportunity to appear before you today. I'll be 94 10/31/07 - STREETS - BILL 070868, ETC. happy to answer any questions. COUNCILMAN DiCICCO: Thank you. Any questions? Councilwoman Campbell.

Yes. It was my understanding this has been going back and forth for over a year, because it affects where Inglis House is, the disabled people in that community around there. I was told by an official that the reason they did not want to put it at 47th Street, because if they did it at 45th Street, they would get federal funds to do it and they would not at 47th. Is that correct?

No. We have the possibility in the future of getting federal funds at 47th Street, but not at 45th Street. But 45th Street is the actual location where people are crossing. At 45th Street and also on the other side is the driveway to the Inglis House.

I know 95 10/31/07 - STREETS - BILL 070868, ETC. I was distinctively told that at the other location, not where the bill is for, that they could get federal funds, but they could not for what was in the bill. You're telling me that's incorrect?

I'm sorry. I didn't understand your question.

I said you're telling me that's incorrect? I was distinctively told that. Because there were many meetings. I believe the gentleman's name is Bruce McElrath. I even arranged for him to meet with the Managing Director a couple times. And I was told that the City's reluctance to do this was because they could get more funding at the 45th Street location rather than the 47th. Is this correct? That's what I'm asking.

The initial request was for Sorrento and 46th Street, which had the lowest number of people crossing.

But 96 10/31/07 - STREETS - BILL 070868, ETC. that's not what I asked.

I understand. The location where we could possibly meet federal funding requirements would be 47th Street, not 45th Street, but 45th Street is the location where people are actually crossing.

So you're telling me that at this location they would not get less funds? I was asking a question.

We were using City funds in either case to install the traffic signal, not federal funding. It's just a question in the future if this was a project along Conshohocken Avenue whether or not we would be eligible for federal funds at any location there.

That's the latest information?

But we don't have a project for any of those locations.

I 97 10/31/07 - STREETS - BILL 070868, ETC. didn't say you had a project. I was told this by the Managing Director, and she usually does know what she's talking about. She told me at the other location, the City could get federal funds and that was the reasons for the reluctance on the City, although I had disabled people in this disabled community that were terrified because they didn't have the lights that they needed on Sorrento Road. As I said, this has been going on back and forth. This greeted me when I came into the office.

47th and Conshohocken would have been eligible for federal funds possibly if there was a project. But there was no project, so there was no federal funding available. In reviewing the traffic counts at each of the locations, the location that was determined in the meeting with the disabled, which was Mr. McElrath, and the Managing Director and after doing additional traffic counts, it was 45th 98 10/31/07 - STREETS - BILL 070868, ETC. Street was determined where the largest number of people were crossing the roadway.

Let me explain something to you. I'm disabled, and when a person hasn't walked in a disabled person's shoes, you don't really know what they need, but they do because they live it every day. The things that you would take for granted, you can't take for granted when you're disabled. And there's a fear among the disabled people in the community about Sorrento Road. This is why they have fought so hard for it. I'm through, Mr. Chairman. COUNCILMAN DiCICCO: Thank you. Any other questions for this witness? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify? (No response.) COUNCILMAN DiCICCO: 99 10/31/07 - STREETS - BILL 070868, ETC. Mr. Abernathy, the title of the next bill.

Bill No. 070543, an ordinance authorizing the installation of all-way stop signs at the intersection of Avalon Street and Outlook Street.

Avalon and Outlook? COUNCILMAN DiCICCO: Yes.

Mr. Chairman, members of the Committee, good morning again. I appreciate the opportunity to appear before you. My name is Charles Denny and I am the Acting Chief Traffic Engineer for the Department of Streets. I'm here to offer testimony on Bill No. 17 070543. The Pennsylvania Vehicle Code required PennDOT to develop regulations governing the traffic control devices in accordance with the Federal Highway Administration's Manual on Uniform Traffic Control Devices. These regulations apply to all public highways in Pennsylvania, and the City Solicitor 100 10/31/07 - STREETS - BILL 070868, ETC. has ruled that the Streets Department is legally obligated to comply with the Vehicle Code and related PennDOT regulations. Federal and state criteria require that an all-way stop be warranted by an engineering study of traffic conditions, police accident reports, traffic volumes, speed and site distance. The study conducted as a result of this ordinance concluded that present day conditions at this location do not satisfy federal and state warrants for an all-way stop. Warrant I relates to locations where traffic signals is warranted, but for some reason cannot be immediately installed. An all-way stop control can be established temporarily pending the traffic signal installation. Conditions do not satisfy the state's warrants for a traffic signal here. Therefore, Warrant I is not satisfied. Warrant II relates to accident 101 10/31/07 - STREETS - BILL 070868, ETC. experience. Police accident reports for five or more accidents within a 12-month period correctable by an all-way stop installation satisfy Warrant II. According to the police accident records, from 2002 through 2006, there were no 8 correctable accidents at this location. Therefore, Warrant II is not satisfied. Warrant III relates to pedestrian vehicles and pedestrian volumes. It requires that the total vehicle volume on the major street, Avalon Street, averages at least 300 vehicles per hour for any eight hours of the average day; and, two, the combined vehicle pedestrian volume for the minor street, Outlook, averages 200 vehicles and pedestrians per hour for the same eight hours. Actual counts of vehicle volumes on average on Avalon Street average 39 vehicles per hour. This is 13 percent of the required minimum 300 per hour for the major street. Actual counts 102 10/31/07 - STREETS - BILL 070868, ETC. of vehicles and volumes on Outlook averaged units per hour. This is six 4 percent of the minimum 200 combined 5 vehicle and pedestrian volumes per hour 6 for the minor street. Therefore, Warrant 7 III is not satisfied. 8 At Avalon and Outlook Street, 9 we are not dealing with a borderline 10 situation, but one in which prevailing 11 traffic conditions fall short of the 12 minimum required by the Federal Highway Manual and the Pennsylvania Vehicle Code for the installation of an all-way stop. COUNCILMAN DiCICCO: Thank you, Mr. Denny. Mr. Finestone, are you testifying?

Good morning, sir. Aaron Finestone for Councilman O'Neill. Councilman O'Neill introduced this bill at the request of the community. It is the opinion of the Councilman that the bill should be passed 103 10/31/07 - STREETS - BILL 070868, ETC. and a stop sign installed as a matter of public safety. COUNCILMAN DiCICCO: Thank you. So noted. Any other witnesses on behalf of this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, please read the title of the next bill.

Bill No. 070544, an ordinance authorizing the installation of all-way stop signs at the intersection of Avalon Street and Lavender Street.

I thank you again for being here. I think for interest on time, I'll just go over the areas where there's slightly differences. Warrant II relating to accident experience, according to the police accident records from 2002 through 2006, there were no correctable accidents at this location. Therefore, Warrant II is not satisfied. 104 10/31/07 - STREETS - BILL 070868, ETC. In Warrant III relating to volumes, the actual count on Avalon Street was 39 vehicles per hour. This is percent of the minimum 300 required. 6 Actual counts for vehicle and pedestrian 7 volume on Lavender was six units per 8 hour. This is three percent of the 200 9 combined vehicle and pedestrian volumes 10 required per hour for the minor street. 11 Therefore, Warrant III was not satisfied. 12 COUNCILMAN DiCICCO: 13 Mr. Finestone.

Aaron Finestone for Councilman O'Neill. Councilman O'Neill introduced this bill at the request of the community. It is the Councilman's opinion that the stop signs are required as a matter of public safety. COUNCILMAN DiCICCO: Thank you. Any other witnesses on behalf of this bill? (No response.) COUNCILMAN DiCICCO: Seeing 105 10/31/07 - STREETS - BILL 070868, ETC. none, Mr. Abernathy, please read the title of the next bill.

Bill No. 070701, an ordinance establishing a no truck parking and tow-away regulation on Hendrix Street between Bustleton Avenue and West Centennial Square, both sides.

Mr. Chairman, members of the Committee, thank you for the opportunity to appear before you again. My name is Charles Denny and I'm Acting Chief Traffic Engineer for the Department of Streets. I'm here to offer testimony on Bill 070701. The Streets Department has no 17 objections to this bill. We posted the signs on 9/20/07. COUNCILMAN DiCICCO: Thank you. Anyone here who wishes to testify for or against this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, please read the title of the next bill. 106 10/31/07 - STREETS - BILL 070868, ETC.

Bill No. 070702, an ordinance establishing a no parking anytime regulation on the east side of Frankford Avenue between Knights Road and Grant Avenue.

Mr. Chairman, members of the Committee, thank you again. My name is Charles Denny and I'm the Acting Chief Traffic Engineer. I'm offering testimony on Bill 070702. The Streets Department has no 13 objections to this bill. Signs were posted by a contractor earlier this month. COUNCILMAN DiCICCO: Thank you, Mr. Denny. Anyone here who wishes to testify for or against this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, please read the title of the next bill.

Bill No. 070823, an ordinance establishing a no parking 107 10/31/07 - STREETS - BILL 070868, ETC. anytime regulation on the west side of Butler Street, between Aramingo Avenue and Sepviva Street.

Thank you again, Mr. Chairman and members of the Committee. My name again is Charles Denny. I'm the Acting Chief Traffic Engineer. I'm here to offer testimony on Bill 070823. The Streets Department has no 12 objections to this bill. Signs will be posted in coordination with the developer as he develops this site here. COUNCILMAN DiCICCO: Thank you, Mr. Denny. Mr. Denny, go back to Bill 17 070701. Was there an objection to that? I don't believe there was, but I want to make sure for the record.

No. We posted the signs. COUNCILMAN DiCICCO: Thank you. Thank you. Anyone who wishes to testify for or against this bill? 108 10/31/07 - STREETS - BILL 070868, ETC. (No response.) COUNCILMAN DiCICCO: Seeing none, I would ask Mr. Abernathy to read the title of the next bill. Thank you, Mr. Denny.

Thank you.

Bill No. 070513, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 163 by placing two variable width rights-of-way for gas main purposes and public utility purposes on the City Plan, under certain terms and conditions. COUNCILMAN DiCICCO: Good morning, gentlemen.

Good morning, Mr. Chairman and members of the Committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 070513. This is not an administrative 109 10/31/07 - STREETS - BILL 070868, ETC. ordinance, but an ordinance requested by Mr. Paul Lonie, Projects Director, Westrum Development Company, 370 Commerce Drive, Fort Washington, PA 19034. The purpose of this ordinance 7 is to place two variable width rights-of-way for gas main purposes and public utility purposes on the City Plan. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Good morning, Chairman DiCicco and members of the Streets and Services Committee. I am William Erickson, a City Planner for the Development Planning Division of the Philadelphia City Planning Commission. I am here to testify on Bill No. 070513, which was introduced by Councilwoman Campbell on May 31, 2007. This ordinance authorizes and directs the revision of lines and grades on a portion of City Plan No. 163 by 110 10/31/07 - STREETS - BILL 070868, ETC. placing two variable width right-of-ways for gas main purposes and public utilities on the City Plan. This action will allow the City Gas Works utility to run the supply lines to serve new houses being constructed by Westrum Development. The Philadelphia City Planning Commission has reviewed the preliminary plan on March 16, 2006 to allow the construction of 54 attached dwellings, 68 two-family dwellings and six one-story flats, with a total of 128 dwelling units. This action is consistent with the previous action and, therefore, the Planning Commission recommends that Bill 17 No. 070513 be approved. COUNCILMAN DiCICCO: Thank you. Anyone here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I will ask Mr. Abernathy to read the title of the next bill.

Bill No. 070817, an 111 10/31/07 - STREETS - BILL 070868, ETC. ordinance authorizing the paving of Edgemont Street from Juniata Street to Berkshire Street, under certain terms and conditions.

Good morning, Mr. Chairman and members of the Committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 12 070817. This is not an administrative ordinance, but an ordinance requested by Mr. Keith Charlton, President, BK Enterprises, Incorporated, Post Office Box 5915, Philadelphia, PA 19137. The purpose of this ordinance 19 is to pave Edgemont Street for the development of affordable residential housing units. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action. 112 10/31/07 - STREETS - BILL 070868, ETC. COUNCILMAN DiCICCO: Thank you. Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.

Bill No. 070818, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 371 by striking from the City Plan and abandoning a portion of a certain 64-feet wide right-of-way for maintenance of existing sewers and water mains and for drainage purposes in the area bounded by Rowland Avenue, Ryan Avenue and Sandyford Avenue, under certain terms and conditions.

Good morning, Mr. Chairman and members of the Committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 113 10/31/07 - STREETS - BILL 070868, ETC. 070818. This is an administrative ordinance requested by Mr. -- excuse me. This is not an administrative ordinance, but an ordinance requested by Mr. Pat Henwood, School Board of Philadelphia, 440 North Broad Street, Philadelphia, PA 19130. The purpose of this ordinance 11 is to strike this right-of-way from the City Plan for the designing of a new school building for Lincoln High School. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action. COUNCILMAN DiCICCO: Thank you. Good morning.

Good morning, Chairman DiCicco and members of the Streets and Services Committee. I am William Erickson, City Planner of the Development Planning Division of the Philadelphia City Planning Commission. I 114 10/31/07 - STREETS - BILL 070868, ETC. am here to testify on Bill No. 070818, which was introduced by Councilwoman Krajewski on October 4, 2007. This ordinance authorizes the abandonment of a portion of the 64-foot wide drainage right-of-way in the area bounded by Rowland, Ryan and Sandyford Avenue. This action will allow the School District of Philadelphia to construct a new Lincoln High School at this location and replace the old building with new ball fields. The Philadelphia City Planning Commission staff has reviewed this action and will recommend approval of the streets at its next Planning Commission meeting on November 20, 2007. Therefore, we recommend that Bill No. 070818 be approved. COUNCILMAN DiCICCO: Thank you. Any witnesses on this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the 115 10/31/07 - STREETS - BILL 070868, ETC. next bill.

Bill No. 070822, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 188 by striking from the City Plan and vacating the legally open portions of Witte Street from Westmoreland Street to Ontario Street, under certain terms and conditions.

Good morning, Mr. Chairman and members of the Committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 070822. This is not an administrative ordinance, but an ordinance requested by Mr. Dominic Marano, President, Marano Truck Leasing Corporation, 8801 Torresdale Avenue, Philadelphia, PA 19136. The purpose of this ordinance 25 is to strike and vacate Witte Street to 116 10/31/07 - STREETS - BILL 070868, ETC. allow for the consolidation of parcels on either side. The party in interest owns on both sides of Witte Street, currently leased to a truck rental company, and wishes to expand his business.

Good morning, Chairman DiCicco and members of the Streets and Services Committee. I am William Erickson, City Planner, Development Planning Division of the Philadelphia City Planning Commission. I am here to testify on Bill No. 070822, which was introduced by Councilman DiCicco on October 4, 2007. This ordinance authorizes the striking from the City Plan and vacating Witte Street from Westmoreland Street to Ontario Street. This action will consolidate two parcels into one parcel and allow the owner of Marano Trucking to consolidate the parcels by removing the legal encumbrance. The property is then to be subdivided to allow Penske Trucking to acquire the rear portion of the 117 10/31/07 - STREETS - BILL 070868, ETC. property to expand their existing business to allow for future expansion. The Philadelphia City Planning Commission staff has reviewed this action and will recommend approval of this streets bill at the next Planning Commission meeting on November 20, 2007. Therefore, we recommend that Bill No. 10 070822 be approved. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify on this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.

Bill No. 070867, an ordinance authorizing Brandywine Cira South, owner and developer of the Cira Centre South, bounded by Walnut Street, 118 10/31/07 - STREETS - BILL 070868, ETC. 30th Street, Chestnut Street and Schuylkill Avenue, to construct, own and maintain various encroachments to be installed in conjunction with a mixed-use development, under certain terms and conditions.

Good morning, 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. 070867. This bill authorizes Brandywine Circa (sic) South, owner and developer of Circa Centre South project, to construct, own and maintain various encroachments to be installed in conjunction with the mixed-use development project. The Streets Department has reviewed the preliminary plans, construction plans, as well as a cafe plan for this project. As the encroachments do not adversely affect the public right-of-way, the Streets 119 10/31/07 - STREETS - BILL 070868, ETC. Department recommends passage of the bill. COUNCILMAN DiCICCO: Thank you, Mr. Mautz. Anyone else who wishes to testify for or against this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I'll ask Mr. Abernathy to read the title of the next bill.

Bill No. 070685, an ordinance granting permission to Muhammed Shaukat, owner and operator of the newsstand located on the southwest corner of 10th Street and Filbert Street, to construct, use and maintain conduits for fiberoptic facilities in, under and across the southwest corner of 10th Street and Filbert Street, for the purpose of supplying electrical service and telephone service to said newsstand.

Good morning, Chairman and members of the Committee. My name is William Mautz and I'm a 120 10/31/07 - STREETS - BILL 070868, ETC. Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 070685. This bill grants permission to Muhammed Shaukat, owner of the newsstand at the southwest corner of 10th and Filbert Streets, to construct, use and maintain 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 construction plans for this project and has no objection to the passage of the bill. COUNCILMAN DiCICCO: Anyone else who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the 121 10/31/07 - STREETS - BILL 070868, ETC. next bill.

Bill No. 070686, an ordinance authorizing Bodine Street Associates, their successors and assigns, to own, operate and maintain multi-level bay windows as part of the residential development project at 1111 North Bodine Street, under certain terms and conditions.

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. 070686. This bill authorizes Bodine Street Associates to construct, own and maintain multi-level bay windows as part of the residential development project at 1111 North Bodine Street. The variable length bay windows will encroach a maximum of three feet over the public sidewalks of North Bodine Street as well as North American Street. 122 10/31/07 - STREETS - BILL 070868, ETC. The Streets Department reviewed the construction plans as well as the proposed bill amendment. As the encroachments do not adversely affect the public right-of-way, the Streets Department recommends passage of the bill. COUNCILMAN DiCICCO: Thank you. Anyone here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.

Bill No. 070689, an ordinance authorizing CNO, LLC, their successors and assigns, to own, operate and maintain multi-level bay windows and decks as part of the residential development project at 850 North 3rd Street, under certain terms and conditions.

Good afternoon, Chairman and members of the Committee. 123 10/31/07 - STREETS - BILL 070868, ETC. 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. 070689. This bill authorizes CNO, LLC to construct, own and maintain multi-level bay windows and decks as part of the residential development project at 850 North 3rd Street. The Streets Department reviewed the construction plan and proposed bill 13 amendment. As the encroachments do not adversely affect the public right-of-way, the Streets Department recommends passage of this bill. COUNCILMAN DiCICCO: Thank you. Anyone here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.

Bill No. 070703, an ordinance granting permission to Steve 124 10/31/07 - STREETS - BILL 070868, ETC. Ricchini, owner and operator of the newsstand located on the northwest corner of 15th Street and Market Street, to construct, use and maintain conduits for fiberoptic facilities in, under and across the northwest corner of 15th Street and Market Street for the purpose of supplying electrical service and telephone service to said newsstand.

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. 070703. This bill grants permission to Steve Ricchini, owner of the newsstand at the northwest corner of 15th and Market Street, to construct, use and maintain 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 125 10/31/07 - STREETS - BILL 070868, ETC. telephone service to the newsstand. 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. Anyone who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Before we read the title of the next bill, I would ask those members of the Streets and Services Committee to please come down to the Council Chamber. We have about four bills, which are not controversial, so that we can get into the public meeting. Thank you. Mr. Abernathy.

Bill No. 070789, an ordinance authorizing Joseph and Donna Slabinski to maintain an existing encroachment located at 2614 Orthodox Street, under certain terms and conditions. 126 10/31/07 - STREETS - BILL 070868, ETC.

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. 070789. This bill authorizes Joseph and Donna Slabinski to maintain an existing encroachment at 2614 Orthodox Street. The existing encroachment is an ornamental freestanding clock, approximately foot tall, located 14 approximately two feet from the curb of the west sidewalk of Orthodox Street. The clock is energized via an underground electrical service conduit emanating from the property. The Streets Department has reviewed the as-built drawings. As the encroachment does not adversely affect pedestrian travel and the public right-of-way, the Streets Department recommends passage of this bill. COUNCILMAN DiCICCO: Thank you. 127 10/31/07 - STREETS - BILL 070868, ETC. Any questions for this witness? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy.

Bill No. 070792, an ordinance authorizing Richard and Justine Hansen, their successors and assigns, to own, operate and maintain a one-story garage extension and entranceway steps on the south sidewalk of Poplar Street adjacent to their property located at 880 North 20th Street, under certain terms and conditions.

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. 070792. This bill authorizes Richard 128 10/31/07 - STREETS - BILL 070868, ETC. and Justine Hansen to own, operate and maintain a one-story garage extension and entranceway steps on the south sidewalk of Poplar Street adjacent to the property located at 880 North 20th Street. The Streets Department has reviewed the proposed construction plans. As the encroachments do not adversely affect the public right-of-way, the Streets Department recommends passage of this bill. COUNCILMAN DiCICCO: Thank you, Mr. Mautz. Anyone else who wishes to testify for or against this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.

Bill No. 070824, an ordinance granting permission to Rekha Patel, owner and operator of the newsstand located on the southeast corner of Juniper Street and Market Street, to 129 10/31/07 - STREETS - BILL 070868, ETC. construct, use and maintain conduits for fiberoptic facilities in, under and across the southeast corner of Juniper Street and Market Street, for the purpose of supplying electrical service and telephone service to said newsstand.

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. 070824. This bill grants permission to Rekha Patel, owner of the newsstand at the southeast corner of Juniper and Market Streets, to construct, use and maintain 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 130 10/31/07 - STREETS - BILL 070868, ETC. reviewed the construction plans for this project and has no objection to the passage of the bill. COUNCILMAN DiCICCO: Thank you. Anyone here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.

Bill No. 070826, an ordinance granting permission to Surenvra Shah, owner and operator of the newsstand located on the southeast corner of 19th Street and Market Street, to construct, use and maintain conduits for fiberoptic facilities in, under and across the southeast corner of 19th Street and Market Street, for the purpose of supplying electrical service and telephone service to said newsstand.

Good afternoon, Chairman and members of the Committee. My name is William Mautz and I'm a 131 10/31/07 - STREETS - BILL 070868, ETC. Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 070826. This bill grants permission to Surenvra Shah, owner of the newsstand at the southeast corner of 19th and Market Street, to construct, use and maintain an electrical conduit with electrical service line and a telecommunications conduit with a telephone service line in and under the public right-of-way for the purpose of supplying electrical and telephone service to the newsstand. 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, Mr. Mautz. Anyone here who wishes to testify on this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy. 132 10/31/07 - STREETS - BILL 070868, ETC.

Bill No. 070871, an ordinance authorizing Rimas Properties to construct, own and maintain a raised entrance plaza encroachment at 1352 South Street, under certain terms and conditions.

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. 070871. This bill authorizes Rimas Properties to construct, own and maintain a raised entrance plaza encroachment at 1352 South. The raised entrance plaza located on the south sidewalk of South Street will consist of two accessibility ramps and two entrance steps to provide ingress and egress to six retail spaces, as well as ADA accessibility. The plaza will be approximately 200 feet in length, encroach a maximum of five feet onto the public sidewalk, leaving approximately 133 10/31/07 - STREETS - BILL 070868, ETC. 6'6" of clear footway. The Streets Department has reviewed the revised construction drawings to modify the existing raised entrance plaza encroachment. As the modifications will result in an encroachment that will not adversely affect the public right-of-way and provide adequate pedestrian passage, the Streets Department recommends passage of this bill. COUNCILMAN DiCICCO: Thank you, Mr. Mautz. Anyone else who wishes to testify on this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy.

Bill No. 070879, an ordinance granting permission to Bradresh Shah, owner and operator of the newsstand located on the northwest corner of 16th Street and Market Street, to construct, use and maintain conduits for fiberoptic 134 10/31/07 - STREETS - BILL 070868, ETC. facilities in, under and across the northwest corner of 16th Street and Market Street, for the purpose of supplying electrical service and telephone service to said newsstand.

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. 070879. This bill grants permission to Bradresh Shah, owner of the newsstand at the northwest corner of 16th and Market Street, to construct, use and maintain an electrical conduit with electrical service line and a telecommunications conduit with 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 construction plans for this project and has no objection to the 135 10/31/07 - STREETS - BILL 070868, ETC. passage of the bill. COUNCILMAN DiCICCO: Thank you, Mr. Mautz. Is there anyone else who wishes to testify on this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, this concludes the public hearing on the Committee of Streets and Services. We are waiting for one more member of the Streets and Services Committee so that we can get into the public meeting. So we'll take a brief recess. Thank you.

I'm sorry. If we can go back to Bill No. 070867. My name is Darwin Beauvais. I represent the developer. I don't know if a request was made to have the rules suspended on that bill. COUNCILMAN DiCICCO: It's normally our policy to suspend all the rules unless it's asked otherwise, but thank you.

Thank you very 136 10/31/07 - STREETS - BILL 070868, ETC. much. (Short recess.) COUNCILMAN DiCICCO: Good afternoon. We are now going to proceed with the public meeting on the Committee of Streets and Services, and the Chair recognizes Councilman Ramos.

Thank you, Mr. Chairman. I move that Bill No. 11 070868 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070868 be reported out of this Committee with a favorable recommendation and a further recommendation that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) 137 10/31/07 - STREETS - BILL 070868, ETC. COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The ayes have it. The bill is passed. Just one minute, Councilman Ramos. For those of you in the audience, we are now in our public meeting, which means we are now going to be voting on whether to pass legislation that was in the public hearing earlier where we took testimony on those bills. This Committee heard the testimony. We will now make decisions on whether to pass or not pass those bills. What happens after this, our recommendation, assuming they're recommended to be approved, will then go to the full City Council for a vote over the course of the next two weeks. Twelve votes are needed to pass a bill by the full Council, and we will be doing that, as I said, in the next week or two. 138 10/31/07 - STREETS - BILL 070868, ETC. Councilman Ramos.

Thank you, Mr. Chairman. I move that Bill No. 5 070559 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill 070559 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 24 is approved. Councilman Ramos. 139 10/31/07 - STREETS - BILL 070868, ETC.

Mr. Chairman, I move that the amendment as previously described regarding Bill 5 No. 070695 be adopted. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that the amendment to Bill No. 070695 be approved. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The amendment is approved. Councilman Ramos.

I move that Bill No. 070695 as amended be reported out of Committee with a favorable recommendation. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that 140 10/31/07 - STREETS - BILL 070868, ETC. Bill No. 070695 as amended be reported out of this Committee with a favorable recommendation. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 12 is approved. Councilman Ramos.

I move that Bill No. 070872 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 24 070872 be reported out of this Committee with a favorable recommendation and that 141 10/31/07 - STREETS - BILL 070868, ETC. 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 10 is approved. Councilman Ramos.

I move that Bill No. 070694 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070694 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. 142 10/31/07 - STREETS - BILL 070868, ETC. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 9 is approved. Councilman Ramos.

I move that Bill No. 070866 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070866 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by 143 10/31/07 - STREETS - BILL 070868, ETC. saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 8 is approved. Councilman Ramos.

I move that the amendment as previously described regarding Bill No. 070877 be adopted. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved that the amendment to Bill No. 070877 be approved. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: Councilman Ramos.

I move that 144 10/31/07 - STREETS - BILL 070868, ETC. Bill No. 070877 as amended be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070877 as amended be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 22 is approved. Councilman Ramos.

I move that Bill No. 070513 be reported out of 145 10/31/07 - STREETS - BILL 070868, ETC. Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070513 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 21 is approved. Councilman Ramos.

I move that Bill No. 070817 be reported out of Committee with a favorable recommendation 146 10/31/07 - STREETS - BILL 070868, ETC. and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070817 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 20 is approved. Councilman Ramos.

I move that Bill No. 070818 be reported out of Committee with a favorable recommendation and further move that the rules of 147 10/31/07 - STREETS - BILL 070868, ETC. Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070818 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 19 is approved. Councilman Ramos.

I move that Bill No. 070822 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first 148 10/31/07 - STREETS - BILL 070868, ETC. reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070822 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 18 is approved. Councilman Ramos.

I move that Bill No. 070543 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council 149 10/31/07 - STREETS - BILL 070868, ETC. meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070543 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 17 is approved. Councilman Ramos.

I move that Bill No. 070544 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. 150 10/31/07 - STREETS - BILL 070868, ETC. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070544 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 16 is approved. Councilman Ramos.

I move that Bill No. 070696 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) 151 10/31/07 - STREETS - BILL 070868, ETC. COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070696 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 15 is approved. Councilman Ramos.

I move that Bill No. 070701 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has 152 10/31/07 - STREETS - BILL 070868, ETC. been properly moved and seconded that Bill No. 070701 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 14 is approved. Councilman Ramos.

I move that Bill No. 070702 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that 153 10/31/07 - STREETS - BILL 070868, ETC. Bill No. 070702 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 13 is approved. Councilman Ramos.

I move that Bill No. 070823 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070823 be reported out of this 154 10/31/07 - STREETS - BILL 070868, ETC. Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 12 is approved. Councilman Ramos.

I move that Bill No. 070867 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070867 be reported out of this Committee with a favorable recommendation 155 10/31/07 - STREETS - BILL 070868, ETC. and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 11 is approved. Councilman Ramos.

I move that the amendment as previously described regarding Bill No. 070682 be adopted. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that the amendment to Bill No. 070682 be approved. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) 156 10/31/07 - STREETS - BILL 070868, ETC. COUNCILMAN DiCICCO: The amendment is approved. Councilman Ramos.

I move that Bill No. 070682 as amended be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070682 as amended be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 157 10/31/07 - STREETS - BILL 070868, ETC. is approved. Councilman Ramos.

I move that Bill No. 070685 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070685 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 25 is approved. 158 10/31/07 - STREETS - BILL 070868, ETC. Councilman Ramos.

I move that the amendment as previously described regarding Bill No. 070686 be adopted. (Duly seconded.) COUNCILMAN DiCICCO: It's been properly moved and seconded that the amendment to Bill No. 070686 be approved. All in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The amendment is approved. Councilman Ramos.

I move that Bill No. 070686 as amended be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. 159 10/31/07 - STREETS - BILL 070868, ETC. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070686 as amended be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 16 is approved. Councilman Ramos.

I move that the amendment as previously described regarding Bill No. 070689 be adopted. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that the amendment to Bill No. 070689 be approved. All those in favor signify by 160 10/31/07 - STREETS - BILL 070868, ETC. saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The amendment is approved. Councilman Ramos.

I move that Bill No. 070689 as amended be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070689 as amended be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. 161 10/31/07 - STREETS - BILL 070868, ETC. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 7 is approved. Councilman Ramos.

I move that Bill No. 070703 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070703 be reported out of this Committee with a favorable recommendation. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those 162 10/31/07 - STREETS - BILL 070868, ETC. opposed? (No response.) COUNCILMAN DiCICCO: The bill 5 is approved. Councilman Ramos.

I move that Bill No. 070789 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070789 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? 163 10/31/07 - STREETS - BILL 070868, ETC. (No response.) COUNCILMAN DiCICCO: The bill 4 is approved. Councilman Ramos.

I move that Bill No. 070792 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070792 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) 164 10/31/07 - STREETS - BILL 070868, ETC. COUNCILMAN DiCICCO: The bill 3 is approved. Councilman Ramos.

I move that Bill No. 070824 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070824 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 165 10/31/07 - STREETS - BILL 070868, ETC. is approved. Councilman Ramos.

I move that Bill No. 070826 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070826 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 25 is approved. 166 10/31/07 - STREETS - BILL 070868, ETC. Councilman Ramos.

I move that Bill No. 070871 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070871 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 24 is approved. Councilman Ramos. 167 10/31/07 - STREETS - BILL 070868, ETC.

I move that Bill No. 070879 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070879 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 23 is approved. Thank you. This concludes the public meeting for the Committee of 168 10/31/07 - STREETS - BILL 070868, ETC. Streets and Services. I thank all the members for attending. Thank you. (Committee on Streets and Services adjourned at 12:30 p.m.) - - - 169 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on October 31, 2007, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)