civus

Committee Hearing, June 9, 2004 (part 1)

Minutes from Philadelphia City Council Committee Hearings, Jun 9, 2004

People mentioned

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

Organizations mentioned

m. - - - BILL 040370 - An Ordinance amending the Ordinance 8 approved January 3, 1992 (Bill No. 1205-AA), which, pursuant to subsection 9-204(8)(a) of The Philadelphia code, designates the locations in Center City at which vending is permitted, by deleting all permitted vendor locations on both sides of Eighth Street between Market and Chestnut Streets. Bill 040400 - An Ordinance amending Section 9-204 of The Philadelphia Code relating to Sidewalk Vendors in Center City and Section 9-205 of The Philadelphia code relating to Sidewalk Sales to permit farmers' markets on the south side of Walnut Street on the sidewalk abutting Rittenhouse Square, and providing that provisions shall expire after a specified period of time, all under certain terms and conditions. Bill 040514 - An Ordinance amending Title 12 of The Philadelphia Code, by amending Section 12-2809 relating to Civil Penalties and Costs, to increase the civil penalty for violations of Section 19 12-1126 relating to Excessive Noise, and Section 12-1127(1), (2), and (3) relating to Excessive Idling of or Noise from Motor Vehicles. Bill 040552 - An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 107 bounded by Forty-sixth Street, Forty-seventh Street, Fairmount Avenue and Westminster Avenue, under certain terms and conditions. 2 Bill 040557 - An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 222 in the vicinity of Hunting Park Avenue and Kensington Avenue, under certain terms and conditions. Bill 040560 - An Ordinance regulating the direction of movement of traffic on Twentieth Street, from Belfield Avenue to Olney Avenue, northbound. Bill 040561 - An Ordinance authorizing the revision of lines and grades of an area of City Plan No. 178 bounded by Olney Avenue, Belfield Avenue, Ogontz Avenue and Wister Street. Bill 040562 - An Ordinance authorizing the installation of all-way stop signs at the intersection of Front Street and Elfreths Alley. Bill 040563 - An Ordinance authorizing the revisions of lines and grades on a portion of City Plan Nos. 271 and 146 in the vicinity of Penn Street and Shackamaxon Street, under certain terms and conditions. Bill 040568 - An Ordinance granting permission to Nirlesh C. Desai and C&N Newsstand, owner and operator of the newsstand located on the northwest corner of Sixteenth Street and John F. Kennedy Boulevard, to construct, use and maintain a conduit for fiberoptic facilities in and under the north footway of John F. Kennedy Boulevard, the west footway of Sixteenth Street and the south footway of Cuthbert Street, for the purpose of supplying telephone service to said newsstand. Bill 040569 - An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 205 in the vicinity of Fairhill Street and Annsbury Street, under certain trerms and conditions. 3 Bill 040605 - An Ordinance authorizing the construction of sewers and appurtenant work in portions of Saint Lukes Street and in a proposed right-of-way for drainage and sewer purposes in an existing ten feet wide alley south of Rowan Street. Bill 040606 - An Ordinance authorizing the Water Commissioner on behalf of the City to enter into an agreement with the owners of the properties and their successors of a private ten feet wide alley, located south of Rowan Street and north of Saint Paul Street from Sixteenth Street to approximately 252 feet west of Sixteenth for the grant of a right-of-way to the City for drainage and sewer purposes, under certain terms and conditions. Bill 040612 - An Ordinance amending Section 10-722 of The Philadelphia Code, entitled "use of Dumpsters," by prohibiting dumpsters on Strawberry Street between Chestnut Street and Market Street.

RESOLUTION 040646 - Resolution authorizing City Council's Committees on Law and Government and Streets and Services to hold public hearings to investigate the state of intergovernmental cooperation between the Streets Department, the Pennsylvania Department of Transportation (Penn DOT) and the City Council of Philadelphia, and, toward a remedy, authorizing the issuance of subpoenas to compel the attendance of witnesses and the production of documents to the full extent authorized under Section 2-401 of the Home Rule Charter. PRESENT: COUNCILMAN FRANK DI CICCO COUNCILMAN DAVID COHEN COUNCILMAN FRANK RIZZO COUNCILWOMAN DONNA REED MILLER COUNCILMAN JUAN F. RAMOS COUNCILWOMAN JANNIE L. BLACKWELL COUNCIL PRESIDENT ANNA C. VERNA COUNCILMAN DARRELL L. CLARKE COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN MICHAEL A. NUTTER 4 Law & Gov't and Streets & Services - 6/9/04 - - - P R O C E E D I N G S - - - COUNCILMAN DiCICCO: Thank you. Good evening, and thank you for your patience. This is a continued hearing of the Committee on Streets and Services. There are some additional bills that will be heard tonight that were not part of the original hearing, but because that hearing has been continuing and the advertisements have been appropriately advertised, there's no need for us to begin a new Committee on Streets and Services. We'll just continue the prior session that started... I forgot when it's been so long, but at least two weeks or so ago. Okay?

Councilman Cohen

As long as there's been an advertisement. COUNCILMAN DiCICCO: The advertisement's have been properly notified. WE checked with the tech staff. 5 Law & Gov't and Streets & Services - 6/9/04 And they said that we don't need to close out that Committee and start a new one. It's a continuation of the previous hearing. So we meet all the technical legal requirements to continue. Bill Number 040612 is being held at the request of the sponsor. Bill Number 040400 and Bill Number 040370, we have written testimony that has been left with us by Mr. Haigler of the Department of Licenses and Inspection. So, for the purpose of time, being given it's such a late hour, we won't take any testimony unless there's someone here who would like to testify on that bill. And if not, we will just provide the stenographer with that written testimony. Are there any objections from the Committee. (No response.) COUNCIMLAN RAMOS: No objection. COUNCILMAN DiCICCO: They are non-controversial bills, and we don't need to do those. Mr. Haigler has left us 6 Law & Gov't and Streets & Services - 6/9/04 written testimony. The Clerk will read the title of Bill Number 040568.

The Clerk

Bill Number 040568, an ordinance granting permission to Nirlesh C. Desai and C&N Newsstand, owner and operator of the newsstand located on the northwest corner of Sixteenth Street and John F. Kennedy Boulevard, to construct, use and maintain a conduit for fiberoptic facilities in and under the north footway of John F. Kennedy Boulevard, the west footway of Sixteenth Street and the south footway of Cuthbert Street, for the purpose of supplying telephone service to said newsstand. COUNCILMAN DiCICCO: Will those testifying on this bill please come to the witness table. Mr. Moss has left, I believe. Is there anyone here who wishes to testify for or against this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, The clerk will read the title of the next 7 Law & Gov't and Streets & Services - 6/9/04 bill.

The Clerk

Bill Number 040605, an Ordinance authorizing the construction of sewers and appurtenant work in portions of Saint Lukes Street and in a proposed right-of-way for drainage and sewer purposes in an existing ten feet wide alley south of Rowan Street. COUNCILMAN DiCICCO: Is Mr. McCluskey here? (No response.) COUNCILMAN DiCICCO: No? He's gone, too. Smart guy. Anyone else here wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, the Clerk will read the title of the next bill.

The Clerk

Bill Number 040606, an Ordinance authorizing the Water Commissioner on behalf of the City to enter into an agreement with the owners of the properties and their successors of a 8 Law & Gov't and Streets & Services - 6/9/04 private ten feet wide alley, located south of Rowan Street and north of Saint Paul Street from Sixteenth Street to approximately 252 feet west of Sixteenth for the grant of a right-of-way to the City for drainage and sewer purposes, under certain terms and conditions. COUNCILMAN DiCICCO: Anyone wishes to testify for or against this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, the Clerk will read the title of the next bill.

The Clerk

Bill Number 040514, an Ordinance amending Title 12 of The Philadelphia Code, by amending Section 18 12-2809 relating to Civil Penalties and Costs, to increase the civil penalty for violations of Section 12-1126 relating to Excessive Noise, and Section 12-1127(1), (2), and (3) relating to Excessive Idling of or Noise from Motor Vehicles. COUNCILMAN DiCICCO: Anyone here wishes to testify for or against this bill? 9 Law & Gov't and Streets & Services - 6/9/04 (No response.) COUNCILMAN DiCICCO: Seeing none, the Clerk will read the title of the next bill.

The Clerk

Bill Number 040552, an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 9 107 bounded by Forty-sixth Street, Forty-seventh Street, Fairmount Avenue and Westminster Avenue, under certain terms and conditions.

Mr. Loney

Good evening, Mr. Chairman, members of the Committee. My name is Paul Loney, Survey Bureau Manager of the Department of Streets. The department would like to offer the following testimony on Bill Number 040552. This is not an administration ordinance, but an ordinance requested by Mr. Cordell Blue, of the Philadelphia Housing Authority, 12 South 23rd Street, Philadelphia, Pennsylvania 19103. The purpose of this ordinance is to 10 Law & Gov't and Streets & Services - 6/9/04 legally remove Many Street and June Street from the City Plan to facilitate a new PHA residential development. This ordinance is supported by the Department of Streets, and is recommended to your Committee for favorable action. COUNCILMAN DiCICCO: Any questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, the Clerk will read the title of the reflection Bill.

The Clerk

Bill Number 040557, an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 21 222 in the vicinity of Hunting Park Avenue and Kensington Avenue, under certain terms and conditions.

Mr. Loney

Good evening, Chairman and members of the Committee. 11 Law & Gov't and Streets & Services - 6/9/04 Again, my name is Paul Loney, the Survey Bureau Manager of the Department of Streets. The department would like to offer the following testimony on Bill Number 040557. This is not an administration ordinance, but an ordinance requested by Mr. Elias Bolat, Active Auto Sales, 4101 Kensington Avenue, Philadelphia. The purpose of this ordinance is to strike Worrell Street from The City Plan to prevent short dumping and secure the area. This ordinance is supported by the Department of Streets, and is recommended to your Committee for favorable action. COUNCILMAN DiCICCO: Any questions for this witness by the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, 12 Law & Gov't and Streets & Services - 6/9/04 The clerk will read the title of the next Bill.

The Clerk

Bill Number 040563, an Ordinance authorizing the revisions of lines and grades on a portion of City Plan Nos. 271 and 146 in the vicinity of Penn Street and Shackamaxon Street, under certain terms and conditions.

Mr. Loney

Good evening, Mr. Chairman, members of the Committee. My name is Paul Loney, again, the Survey Bureau Manager of the Department of Streets. And the department would like to offer the following testimony on Bill 17 Number 040563. This is not an administration ordinance, but an ordinance requested by Mr. Lynn Carry, Vice President of the property of LHTW Corporation, 3001 Street Road, Bensalem, Pennsylvania. The purpose of this ordinance is to legally close Penn Street to facilitate future development. 13 Law & Gov't and Streets & Services - 6/9/04 This ordinance is supported By the Department of Streets, and is recommended to your Committee for favorable action. COUNCILMAN DiCICCO: Any questions from this Committee for this witness? (No response.) COUNCILMAN DiCICCO: Is there anyone here who wishes to speak in favor of or against? (No response.) COUNCILMAN DiCICCO: Seeing none, the Clerk will read the title of the next bill.

The Clerk

Bill Number 040569, an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 18 205 in the vicinity of Fairhill Street and Annsbury Street, under certain terms and conditions.

Mr. Loney

Good evening, Mr. Chairman, members of the Committee. My name is Paul Loney, Survey Bureau Manager, Department of Streets. The department would like to offer 14 Law & Gov't and Streets & Services - 6/9/04 the following testimony on Bill Number 040569. This is not an administration ordinance, but an ordinance requested by Linda Miller of 530 West Hansbury Street, Philadelphia. The purpose of this ordinance is to strike and vacate Fairhill Street from The City Plan to prevent short dumping in the area. This ordinance is supported by the Department of Streets, and is recommended to your Committee for favorable action. COUNCILMAN DiCICCO: Any questions for this Committee -- for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here wishes to testify either against or for? (No response.) COUNCILMAN DiCICCO: Seeing none, the Clerk will read the title of the next bill. 15 Law & Gov't and Streets & Services - 6/9/04

The Clerk

Bill Number 040562, an Ordinance authorizing the installation of all-way stop signs at the intersection of Front Street and Elfreths Alley. COUNCILMAN DiCICCO: We have all night. Don't worry about it. Take your time. (Laughter.) COUNCILMAN DiCICCO: We're not in a hurry.

Mr. Denny

Good evening, Mr. Chairman, members of the Committee. Thank you for the opportunity to appear before you today. My name is Charles Denny. I'm the Assistant Chief Traffic Engineer for the Department of Streets. I am here to offer testimony on Bill 20 040562, an ordinance authorizing installation of an all-night stop at the intersection of Front and Elfreths Alley. Pennsylvania Vehicle Code requires PennDOT to develop regulations governing traffic control devices in accordance with 16 Law & Gov't and Streets & Services - 6/9/04 Federal Highway Administration's manual on uniform traffic control devices. These regulations apply to all public highways in Pennsylvania, and the City Solicitor has ruled the Streets Department is legally obligated to comply with the Vehicle Code and related PennDOT regulations. Federal and state criteria require that an all-night stop be warranted by an engineering study of traffic conditions, police crash records, traffic volume, speeds, and sight distance. The study conducted as a result of this request concluded that present-day conditions at this location do not satisfy federal and state warrants for an all-night stop control. The intersection isn't unusual compared to most others. Front Street is a narrow roadway with a wall on its east curb line. As such there is no pedestrian cross traffic. Elfreths Alley is a unique street, 17 Law & Gov't and Streets & Services - 6/9/04 but it has no virtually no motor vehicle traffic on it. These two factors result in no cross traffic at this intersection; and therefore, no way to justify installing an all-way stop. Our search of police crash records show that there has not been a crash reported here for a ten-year period, from 1994 till 2003. This is a very unusual occurrence for an intersection in the City of Philadelphia. The most likely traffic crash to occur at this intersection would be a rear end crash after we install the stop sign on Front Street. Basically, a typical driver who would roll through a stop hits an innocent driver who believes in stopping at stop signs. We should really not be installing devices that cause more harm than they prevent. At Front and Elfreths Alley, we are dealing with a situation which prevailing 18 Law & Gov't and Streets & Services - 6/9/04 traffic conditions indicate that establishing an all-way stop control would lead to a safety problem. Thank you for the opportunity to appear before you today. I'd be happy to answer your questions. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the Committee? ) COUNCILMAN DiCICCO: Anyone here wish to speak in favor of or against? ) COUNCILMAN DiCICCO: Before we begin reading the title of the next bill which is obviously the reason why most of the people are still here this evening... Before we begin, I just would like to let everyone understand that I know there are a lot of people here who wish to testify. And we are going to do everything within our power to accommodate your right to be heard, but for the sake of efficiency, given the late hour, I would 19 Law & Gov't and Streets & Services - 6/9/04 ask that those here who wish to testify be as brief as possible, and that my colleagues keep their questions as brief as possible also. We will limit the testimony to five minutes, and ask that if you have not already, please sign in with my legislative aide, assistant, Mr. Brian Abernathy, behind me, to make sure your name is on the witness list. I would also ask for those of you who are testifying, if you're coming up in groups as a panel, as an example, four or five of you, whatever the number, who live on the same block, and that your testimony is basically the same, would you please appoint someone to be the spokesperson for that block.

Mr. Denny

We will take your name and address so that the record reflects that you were here in attendance; but rather than be repetitive and continue the same testimony, in the interest of fairness to everyone else, we would appreciate that the panels, 20 Law & Gov't and Streets & Services - 6/9/04 if you choose to do it that way, let someone speak on behalf of the panels. We are willing to give everybody five minutes. We will wait to see how these proceedings go forward. We would ask that you do not continually repeat the testimony has already been given by the people before you, and add something new to the testimony, if you can. Hold on one second. The Clerk will read the title of the two bills, and then we will have a brief opening statement by both Council members, Donna Reed Miller and Councilman Cohen. Clerk will read the title of the bills, please.

The Clerk

Bill Number 040561, an Ordinance authorizing the revision of lines and grades of an area of City Plan No. 178 bounded by Olney Avenue, Belfield Avenue, Ogontz Avenue and Wister Street. Bill 040560, an Ordinance regulating the direction of movement of traffic on Twentieth Street, from Belfield Avenue to 21 Law & Gov't and Streets & Services - 6/9/04 Olney Avenue, northbound.

Mr. Loney

Good evening, Mr. Chairman and members of the committee. Again, my name is Paul Loney, the Survey Bureau Manager of the Department of Streets. And the Department would like to offer the following testimony on Bill 10 Number 040561. This is not an administration ordinance, but an ordinance requested by Mr. Edward Turzanski, Assistant Vice President for Government and Community Relations of LaSalle University, 1900 West Olney Avenue, Philadelphia, Pennsylvania 19141. The purpose of this ordinance is to narrow 20th Street between Olney Avenue and Belfield Avenue, to enhance the safety of the students and employees. This ordinance is supported by the Department of Streets, and is recommended to your Committee for favorable action.

Mr. Denny

Mr. Chairman, and 22 Law & Gov't and Streets & Services - 6/9/04 members of the Committee, thank you again for the opportunity to appear before you today. My name is Charles Denny, Assistant Chief Traffic Engineer for the Department of Streets. I am here to offer testimony on Bill 9 Number 040560, an ordinance regulating the direction of the movement of traffic on 20th Street from Belfield Avenue to Olney Avenue northbound. Pennsylvania Vehicle Codes under Section 3308 and 6109(a)(4) gives local authorities control for setting directions of streets under their jurisdiction in the City of Philadelphia, City Council determined street direction. Streets Department has observed no 20 adverse consequences of permanently altering 20th Street as a one-way northbound street. Therefore, the department has no 24 objections to this bill. We offer the following analysis. 23 Law & Gov't and Streets & Services - 6/9/04 Background: Trial period of altering 20th Street as a one-way northbound street began on December 29, 2003, and has been in effect for a little over five months. Findings: The Streets Department Traffic Engineering Unit evaluated traffic crash data for the months of January, February, March and April of 2002 within the area of... of 2004, within the area of 20th Street, bounded by Nedro Avenue on the north, Belfield Avenue on the south, Wister Street on the west, and Ogontz Avenue on the east. Traffic Engineering compared these four month time period of January and April 2004 with the same months in 2001, 2002 and 2003. The following are the crash details. The number of crashes, both total and then injury crashes within that. For 2001 there were 79 total crashes in the area, with 21 of those being injury crashes. In 2002 there were 106 crashes 24 Law & Gov't and Streets & Services - 6/9/04 within the area, with 22 being injury crashes. In 2003, there were 72 crashes in the area, with being injury crashes. 6 In 2004 there were 72 crashes, with 7 12 being injury crashes. 8 The results clearly -- The results 9 of the data clearly demonstrate that the 10 one-way operation of 20th Street did not 11 result in an increase in traffic crashes in 12 the area. At 20th and Olney, the avenue, the crashes went from 13 in 2003 to 8 in 2004. Analysis: The one-way operation of 20th Street resulted in the diversion of southbound traffic, primarily to Ogontz Avenue or Wister Street, but also to a lesser extent Broad Street. Since 20th Street ends at Belfield, this traffic has not resulted in significant detour. Traffic that is coming from the west or turning west on Belfield Avenue diverts to Wister Avenue. 25 Law & Gov't and Streets & Services - 6/9/04 Wister, which has traditionally been underutilized in terms of full capacity, has handled additional traffic volume that resulted from this alteration. However, to minimize disruption to the community, Traffic Engineering will need to make a single adjustment to the controls at the intersection of Belfield and Wister. On the other hand, traffic whose origin is destination is of the east, southbound traffic on 20th Street primarily turns to the east at Belfield. Use for the most part using either Ogontz Avenue or Broad Street. Given the capacity of these streets, both streets are more than capable of handling this additional traffic. The intersection of Olney and Ogontz is under construction. When completed in the near future, the observed congestion at that southbound traffic as experienced will diminish. The area served by three firehouses, Law & Gov't and Streets & Services - 6/9/04 Engine 19, Medic Unit at Chelten and Banton Street; Engine 51, Medic Unit 18 at 5931 Old York Road; Engine 72, Medic Unit 24 at 1127 West Loudin Street. Response to this block at 20th Street from the firehouses at Chelten and Banton and at 1127 West Loudin is not impacted by the changes.

Mr. Denny

10 The response to this same block from 11 the firehouse at 5931 Old York Road to 20th 12 Street and Belfield is 2,000 feet longer 13 via Wister Street and Belfield. 14 Conclusion: 20th Street north of 15 Olney is basically a local street. The 16 one-way operation south of Olney results in 17 a drop of approximately 200 vehicles 18 southbound on 20th Street north of Olney. 19 This vehicle traffic is considered 20 through traffic and is diverted to through 21 streets. 22 This is consistent with the Streets 23 Department's policy, and that is to keep 24 through traffic on through streets and off local streets, although through streets 27 Law & Gov't and Streets & Services - 6/9/04 arterials are better capable of handling traffic volume and keeping through traffic off of local streets. In conclusion, the one-way northbound reconfiguration of 20th Street resulting in the removal of through traffic from a local street and has not had an adverse effect on the safety in this area, as demonstrated by the findings of the Streets Department. ) COUNCILMAN DiCICCO: Excuse me. Excuse me. I understand that most of you have been here for several hours; and I also understand that a number of you have been appearing in this Council on Thursday for the last couple of months. I appreciate the fact that you've been here and you're participating in the process. But we're not going to be allowing people to be yelling out and making statements from the gallery. You will all have an opportunity to be heard in the proper time. So, please 28 Law & Gov't and Streets & Services - 6/9/04 respect all the witnesses, whether you agree or disagree with them. Thank you.

Mr. Damiani

Thank you for the opportunity to appear before you today. I'd be happy to answer questions you may have at this time. COUNCILMAN DiCICCO: Before we begin with the questions, I want to go back. I did make somewhat of a mistake. I failed to acknowledge both Council members Donna Reed Miller and Cohen for opening statements. So at this time, out of respect for the lady on the Committee, I will yield to Councilwoman Donna Reed Miller for her statement, and then Councilman Cohen.

Councilwoman Miller

Thank you, Mr. Chair. I'd like to briefly address some of the concerns and allay many of the fears that I've heard voiced in the community. This ordinance did not come about by a unilateral action on my part. Contrary to what has been represented, I consulted 29 Law & Gov't and Streets & Services - 6/9/04 with a wide variety of people in the neighborhood. In addition to LaSalle University, I and my staff have met and consulted with the local block captains and at least three Democratic committee people. As someone who has worked and been a part of the community organizations in the northwest since my early twenties, I would never ignore the community. Some say I have not listened to my constituents. Elected officials represent all members of the District. We represent residents, we represent businesses, and we represent institutions. They are all our constituents. This issue is an issue of public safety and traffic calming. I'm actually condensing, due to the time, some of my opening statement. I commend all those from the community for your civic involvement, and recognize those involved due to political agendas. 30 Law & Gov't and Streets & Services - 6/9/04 I hope that after this issue is resolved, that you will continue to put your collective energy into the betterment of our City. As we proceed today with this hearing, let us do so in the spirit of cooperation and a constructive and respectful manner. Thank you. I also have written testimony that I'll be submitting later for the record at the end. I have Reverend Robert Shine's written testimony. Most of my witnesses have gone. And we also have a letter of support from Governor Rendell, and one from State Representative Dwight Evans that will be submitted or read at the end. Thank you. COUNCILMAN DiCICCO: Thank you. And at the end we will get that into the record. Thank you. Councilman Cohen for opening statement.

Councilman Cohen

Thank you. I'm officially making known my strong 31 Law & Gov't and Streets & Services - 6/9/04 objections to the bills introduced by Councilwoman Miller. They have no place in City Council, dedicated to governing Philadelphia. What Councilwoman Miller has done has been to decide to use City Council as a vehicle for carrying out a political vendetta. She did not meet with the Committee members. She may have met with one or two, maybe with some block captains who play no 13 role in the political life of the ward. What happened was this: During the summer past, and naturally the year before that, Councilwoman Miller held meetings in the 17th Ward. In addition to being the Councilman-at-Large from the 17th Ward, I also happen to be the Democratic Ward Leader of the 17th Ward, having served consistently since the ward was founded in 1965. That adds up to something like 39 years as a ward leader, representing the people of that ward. 32 Law & Gov't and Streets & Services - 6/9/04 During that entire time, there's been an issue between an institution, a university, and the people of Philadelphia. The university came into the area saying it wanted to operate there and it was going to be a commuter organization because the people that would come to school would be commuters, and they would not be occupying any property. The property is a part of West Oak Lane. It's a beautiful area, and the people love it. And they have good reason to love it because it's been well cared for. But what has happened is that ever since the institution came, it grew. We were very proud to have an institution of learning, of higher education, in our community. And the community bore up very well and cooperated in every way with the institution. You know it best: When young people move somewhere away from home, they tend to act a little differently than they do at 33 Law & Gov't and Streets & Services - 6/9/04 home where they are well known. The community put up with that. But what we learned happening quickly was that the institution began buying up homes in the area, maybe not in the name of the institution. People began to complain because students were living at the university. And as I indicated before, it's awful difficult when you have students away from home for the community to survive. And what happened was, increasingly more and more houses were occupied. And finally there came dormitories that were built in the area. And all during that time, the community, the university, the institution, and the people worked together; and the people tried very hard to accommodate to the long hours, the way the cars were driven, the horn-honking, the staying up late, and occasionally the drinking of liquor which is what occurs at every university where people live. 34 Law & Gov't and Streets & Services - 6/9/04 And suddenly we find -- Suddenly we learn that the institution says it wants to close down the one block of 20th Street which goes from Olney Avenue south to Belfield Avenue, and which provides easy access to the Expressway downtown. As we began learning it, we learned that people from Mount Airy, from Chestnut Hill, from Germantown, from the suburbs also use this area. They came down Stenton Avenue south and east, and they went and they made a right turn. They went down 20th Street, and got to the university. And then one block further they were into the Expressway. Suddenly... 40 years ago it began. The institution decided it wanted the street closed. It wanted to occupy this one block of 20th Street for the university. That meant they were closing off that street, that easy access to the Expressway, and compelling people, if they had their way, to wend through little 35 Law & Gov't and Streets & Services - 6/9/04 streets and whatever was otherwise available to get to the Expressway. It was very inconvenient. It was very dangerous. Now, that's an old fight. It's 40 years old.

Councilman Cohen

And for 40 years that fight was successfully waged by the community, and 20th Street remained a two-way street at one block going north and south, which led to the Expressway. Then suddenly this thing happened on Christmas Day Eve. And going through materials sent to us by the Streets Department, we found a one singlesheet announcing that as of December 29th the street would become a one-way street. There had been no discussion with the community by the institution or by the Streets Department when they issued that. And we know why. Because last summer Councilwoman Miller called two meetings in the 17th Ward to... She called -- She picked the meeting place. She picked the areas that she invited people to. Nobody else had anything to do 36 Law & Gov't and Streets & Services - 6/9/04 with it. And she presented her proposal. She said there were problems. She wanted to effectuate a compromise. And her compromise was to ask for a one-way street. Do you know what that meeting and one that followed a short time later, also called by Councilwoman Miller, amongst the people she decided she wanted to have a meeting, not a single resident of the area spoke in her support. Without question, unanimously, the people got up and protested after protest saying that this was terrible, they would be landlocked in their home. They would not have easy access. They'd have to tie up all the little streets in the area. If they wanted a major arterial to go through, they'd have to go to Ogontz and Olney. And that area was jam packed. Also, there were other schools in the area that would suffer from any diversion of traffic. There are two high schools, Girls High School and Central High School. 37 Law & Gov't and Streets & Services - 6/9/04 There's a Logan Elementary School. There are other scattered schools. There's Penn on Ogontz Avenue, all kinds of schools, where there are accidents occurring and traffic. And Councilwoman Miller decided that, I guess, that it was easier to deal with the institution than it was to deal with the traffic problems. The Eighth Councilmanic District, according to survey by the Daily News, they listed the addresses where accidents took place, showed that the accidents were occurring among the public school kids. But instead of paying attention to that, Councilwoman Miller apparently chose to go ahead with her plan to compromise the situation, by providing for the elimination of the southbound traffic on 20th Street, turning it into a one-way street. Now, she did that, despite the fact that not a single resident, not one, ever spoke up at the meeting in her favor. Oh, I guess there was one. Somebody 38 Law & Gov't and Streets & Services - 6/9/04 in her office may have spoken up who works for her in her office, Steve Younger who at one time worked for me and now works for Councilwoman Miller. Except for him I know of nobody else who spoke at the meeting. But she waited until she was elected. The Daily News reported that the one surprise that Mark McDonald, a reporter in the Daily News found in the whole election, was the strong vote that the 17th Ward gave Councilwoman Miller, believing that after these two meetings that she had called, she picked the people who came and she got no support, we were confident that she would accept the decision of the community as expressed over the many years, and would do nothing. But instead, we learned from the Streets Department, that at Donna Miller's request the street was to be turned into a one-way street effective December 29th. For the last five... I guess more than five months now, the people led by the -- Would the people stand up who are 39 Law & Gov't and Streets & Services - 6/9/04 here tonight who came here today for a 3 o'clock meeting from the 20th Street area? )

Councilman Cohen

These are the people that are left from the more than almost 200 people that were here today waiting to testify and to show their support. Now, we elect officials in the City of Philadelphia -- Thank you for standing. You may be seated. We elect officials to support us. We don't expect the officials to carry on vendettas against us -- but that's what's happened -- and for City Council to permit the travesty of a hearing in order to permit Councilwoman Miller to try to use the City Council as an instrument to take away the rights of the people. You know, a couple -- about a month or two ago there was a fire at Ogontz and Olney Avenue. You saw pictures of it in the newspapers everywhere. People rushed to their cars. It's 40 Law & Gov't and Streets & Services - 6/9/04 right near 20th and Olney Avenue. The people that lived there thought they were going to go down 20th Street, you know, to get to the Expressway, and to escape the fire. But instead, they had to wend their way through streets because there was no 9 way at all of their getting through without tying up traffic. What's happening in the area is that streets have become clogged up. And what has happened is that the Streets Department has been used as a tool by a member of City Council to achieve an effect in which the District Councilman is taking over. I believe she's taking over the political power of the ward leader of the 17th Ward, who happens to be me, and who happens to be a colleague of hers. Now, in City Council there are no 22 two City Councils. There is no District Council member who has greater rights than the City Councilman-at-Large. The District Councilman is elected 41 Law & Gov't and Streets & Services - 6/9/04 only by ten percent of the people of the City. The Councilman-at-Large is elected by the entire City. And if anybody should have more power, obviously it ought to be the Councilman-at-Large. That was the original concept of the Home Rule Charter. Now, but what I want to address myself particularly to is this use by Councilwoman Miller of using City Council to try to cut down the political power of the ward leader of the 17th Ward. To reduce City council to a political fighting area is a wrong thing to do. It interferes with good government, and I think that the District Council members out to feel embarrassed at being used by Councilwoman Miller for the purpose of trying to reduce the effectiveness, political effectiveness, of another member of this body. Incidentally, for the record, I came in second highest following Councilman Kenney in the City and the Council-at-Large 42 Law & Gov't and Streets & Services - 6/9/04 contest. I got almost as many votes as the Mayor did, as did Councilman Kenney, and did most Councilmen-at-Large because we're elected all over the City, not just one-tenth. But what we try to do is to work together cooperatively, and we try to decide the things in the best way possible. No district Councilman has the right to try to defend a wrong decision, and this decision by Councilwoman Miller, in defiance of the rights of the people, trying to say that you've elected me as District Council member, you've given up your rights. You don't even have to be consulted by the City, you know. I don't have to consult with you. Or if I do and find you have a different opinion, I nonetheless have the right to disregard it. I think that's a terrible precedent to set. And I'll close by saying that whatever the decision of this Council is, first I think this Council ought to 43 Law & Gov't and Streets & Services - 6/9/04 immediately terminate this matter. And I am moving, Mr. Chairman, to table this motion so it not be heard by the Committee at all because I don't think it belongs here. Council is permitting itself to be used for wrong purposes. And for Council to be pitting people against another Council member is unforgivable. (Applause.) COUNCILMAN DiCICCO: Thank you, Councilman Cohen, for that brief opening remark. (Laughter.)

Councilman Cohen

Councilman Cohen is brief. COUNCILMAN DiCICCO: I just want for the record, even though this is a continuing hearing from the hearing we started a couple weeks ago, for the record, to acknowledge that the members of the Streets and Services Committee are present: Councilman Rizzo; Councilman Cohen; myself, Councilman DiCicco; to my right, the Vice 44 Law & Gov't and Streets & Services - 6/9/04 Chair of the Committee, Councilman Ramos; Donna Reed Miller; Council member Clarke; and I know Councilman Nutter was just here. He's still here. Thank you. Also in attendance, Councilwoman Blondell Reynolds Brown and Councilwoman Jannie Blackwell, who are not members of the Committee. But let the record reflect that they are in attendance as well.

Councilman Cohen

Mr. Chairman, I move that a vote be taken on my motion to table. COUNCILMAN DiCICCO: Well, we're in the public hearing. Is it appropriate to do it at the public hearing?

Councilman Cohen

Yes. COUNCILMAN DiCICCO: It is?

Councilman Cohen

A motion to table has to be voted on. COUNCILMAN DiCICCO: All right. There's a motion...

Councilman Cohen

The reason I moved this is because it's improper to use City Council -- 45 Law & Gov't and Streets & Services - 6/9/04 COUNCILMAN DiCICCO: I'm not debating it. I'm not debating it. You know a little bit more about parliamentary procedures, a lot more than I do. I just want to make sure.

Councilman Rizzo

Can I ask a question before we vote? COUNCILMAN DiCICCO: Question on the motion?

Councilman Rizzo

No. 12 COUNCILMAN DiCICCO: There's a motion on the floor. Do I hear a second?

Councilman Cohen

There's no 15 requirement of a second on a motion to table. COUNCILMAN DiCICCO: Then we'll take a vote. All those in favor of tabling this bill from the Committee signify by saying aye.

Councilman Cohen

Aye. VOICES IN THE AUDIENCE: Aye. COUNCILMAN DiCICCO: No. The Committee. Excuse me, ladies and 46 Law & Gov't and Streets & Services - 6/9/04 gentlemen. (Laughter.) COUNCILMAN DiCICCO: It would be a new concept.

Councilman Cohen

They want to make sure their rights are heard. COUNCILMAN DiCICCO: I can understand that. All those in favor signify by saying aye.

Councilman Cohen

Aye. COUNCILMAN DiCICCO: Those opposed? (Chorus of "nays.) COUNCILMAN DiCICCO: The nays have it; the motion fails.

Councilman Cohen

Okay. COUNCILMAN DiCICCO: So we will continue with the hearing. We have two witnesses that have testified. Are there any questions for these witnesses by the Committee?

Councilman Cohen

Yes. Mr. Loney any or Mr. Denny. COUNCILMAN DiCICCO: Excuse me. Mr. 47 Law & Gov't and Streets & Services - 6/9/04 Loney, I understand you're retiring on June the 20th.

Mr. Loney

June the 25th, sir. COUNCILMAN DiCICCO: 25th?

Mr. Loney

I might still be here. COUNCILMAN DiCICCO: You might be still there on the 26th, but proceed. Thank you.

Mr. Loney

Mr. Cohen, before you get started, I just want to say to the Chairman, since he did bring that up, that --

Councilman Cohen

I just want everybody to know, Mr. Loney, that the last time there was a motion to table was when everybody ganged up on Councilman Cohen, as they're going to be doing tonight here, and they moved to table against me, because I was fighting on behalf of the freedom of people to use the posters on poles during the election time. And I was the sole vote, and the so-called two factions combined against me. We went to court. And you know what? As a 48 Law & Gov't and Streets & Services - 6/9/04 result of that not, only was the Council action thrown out, but now even commercial companies can put ads on. That's what happens when you make a terrible mistake, as Council did at that time. And I think you're repeating again. But let's go. It's a great -- COUNCILMAN DiCICCO: Glad to see it. Glad to hear that you're in favor of billboards. Thank you. Mr. Loney, please.

Mr. Loney

Yeah. I just wanted to... For almost eight years now I've been testifying before this Committee. And I want to say what a pleasure it is, and what a professional organization this Council is. And just it's a shame that more people don't get a chance to interact with this Council. They would understand what a great body this really is. So, I just wanted to thank everybody here for all the time I've spent and the wonderful opportunities I've had. 49 Law & Gov't and Streets & Services - 6/9/04 COUNCILMAN DiCICCO: And thank you for your service. I know they'll be a more formal way in which we will be honoring you or thanking you in the future -- (Councilman Cohen began speaking simultaneously with Councilman DiCicco, not reportable.)

Councilman Cohen

-- because Mr. Loney, for your many years you know that you made decisions that have created all kind of problems for Council members. So, we asked for street lights. We get instead stop signs. COUNCILMAN DiCICCO: Councilman, Councilman, Councilman, I appreciate what you're trying to accomplish here. But I would like that the testimony in question be germane to the bills that are before us. Mr. Loney was gracious enough to thank this Council for its diplomacy in handling the affairs of this City, and I think that's very admirable of him.

Councilman Cohen

Well, we were 50 Law & Gov't and Streets & Services - 6/9/04 always -- COUNCILMAN DiCICCO: So, rather than get into any of the things that you may or may not have disagreed with him over the years -- and I'm sure there are more disagreements than you've had agreements with him -- I would rather proceed with the bills that are before us.

Councilman Cohen

Go ahead, Mr. Loney. Tell us who wrote this report.

Mr. Loney

I don't -- I don't --

Councilman Cohen

Did you write it, did Mr. Denny write it, did the Commissioner write it? Who wrote it?

Mr. Loney

I don't know. I'll give that to Mr. Denny. I don't -- I'm not a traffic engineer. I'm not sure who wrote that.

Councilman Cohen

Mr. Denny, did you write this report?

Mr. Denny

I wrote this report.

Councilman Cohen

How come it's not signed by you?

Mr. Denny

The standard procedure 51 Law & Gov't and Streets & Services - 6/9/04 is that the Commissioner signs the reports to Council.

Councilman Cohen

What's that?

Mr. Denny

The standard procedure is that the Commissioner signs the reports to Council.

Councilman Cohen

Before it comes out in the name of the Commissioner.

Councilman Cohen

what did you use as your standards?

Mr. Denny

I'm not sure what you mean.

Councilman Cohen

To write the report. Do you have any standards you go by? Because we've never found any. The Streets Department never tells anybody what the standards are, except to say that you work for the state and under PennDOT regulations something's banned. What are the standards you used in deciding this?

Mr. Denny

In this particular case?

Councilman Cohen

Yes, in this particular case. Or is it just that you 52 Law & Gov't and Streets & Services - 6/9/04 have to read the report to find out what you use? Isn't it a fact that you use the three-day survey, that that's what you claim you use, three days? But you've been there for almost five-and-a-half months. And you've only examined five streets. How about all the other streets that you didn't examine in the area? What did you compare it with? Tell us what your standards were. You said that it didn't hurt traffic. Sure not. You chased traffic away, didn't you?

Mr. Denny

Yes, we did. It went other routes.

Councilman Cohen

Isn't there one perfect easy way to clean up the street and have no traffic is to just build obstructions so nobody can go through it. Then there will be no traffic. Am I right on that? What did you do with the other five months and six or seven days, when you weren't using these counters on the few 53 Law & Gov't and Streets & Services - 6/9/04 main streets? And what did you use to check them with? How did you know how they compared with what existed last year or two years ago?

Mr. Denny

We had some previous counts from the past that we compared them to.

Councilman Cohen

Well, what count did you compare it to?

Mr. Denny

A report for the streets that we conducted our traffic counts on, and we compared it to that.

Councilman Cohen

Well, there's nothing in your report that indicates you compared it with anything. In fact, you say there was no 18 difference in what you did after you shut off traffic and what you did before. You said there was no appreciable effect.

Mr. Denny

In terms of traffic crashes, that's correct.

Councilman Cohen

Who made this request for this turn off of one-ways going south? Was that a decision you 54 Law & Gov't and Streets & Services - 6/9/04 recommended?

Mr. Denny

No, that was not.

Councilman Cohen

When I say you, in this case I mean the Streets Department. Did you recommend that to the Streets Department, saying we've made a study, and therefore we are urging people to agree to a one-way traffic; it will be better?

Mr. Denny

We received a request to make the street one way, and we did so.

Councilman Cohen

And from whom did you receive the request?

Mr. Denny

The Councilwoman Miller.

Councilman Cohen

Anybody else? (Boo's from the audience.)

Mr. Denny

That's all they're re-...

Councilman Cohen

And is this decision based solely on preference of Councilwoman Miller?

Mr. Denny

We made an evaluation of what happened, and we made our report.

Councilman Cohen

And in your report, did you say you had no preference; 55 Law & Gov't and Streets & Services - 6/9/04 you could accept this? Isn't that what you said?

Mr. Denny

That's what we said, yes.

Councilman Cohen

You didn't say it was needed. You pointed out the number of pedestrian accidents, pedestrian vehicle accidents were the same now as they were three years ago, that there have been three accidents over a three-year period?

Mr. Denny

No. We looked at the total crashes and injury crashes.

Councilman Cohen

Why was that excluded from the final report?

Mr. Denny

Why was what --

Councilman Cohen

Because when you sent us the memorandum of progress, you noted that there was the same average of pedestrian automobile accidents on the 20th and Olney, one a year. In the Eighth Councilmanic District that Councilwoman Miller is supposed to be responsible for, and I believe she mentioned she acted on public safety, the 56 Law & Gov't and Streets & Services - 6/9/04 number of kids hurt is far greater than that every year. Ever week, actually, this is the District having the most problems on accidents for children, is the Eighth Councilmanic District, more than any other District. Do you agree with that? That's what the study in the Daily News showed.

Mr. Denny

I have to take a further look at that.

Councilman Cohen

Well, don't you know? You just wrote the report, you say.

Mr. Denny

This study looked at an area that was bound by Nedro Avenue, Wister, Belfield and Ogontz. It was not the whole District.

Councilman Cohen

Well, at one time, didn't you consider the applicable area the entire 35th District?

Mr. Denny

No, just the area -- the area immediately surrounding where we made the change.

Councilman Cohen

Well, how many automobile pedestrian accidents were there?

Mr. Denny

There were 12 -- 57 Law & Gov't and Streets & Services - 6/9/04

Councilman Cohen

In the last three years, anywhere near 20th and Olney?

Mr. Denny

I have I have broken down for injury crashes. I don't have it broken down for pedestrian crashes, in what we were looking at.

Councilman Cohen

Well, why don't you break that down? Isn't that what the institution claims is so dangerous? People have suggested maybe we ought to use crossing guards, take them away from the children, because they're taking police and others in the public schools to take care of college-age students. That's what's happened ever since December 29th.

Mr. Denny

In our review of the four months we looked at, there were 12 injury crashes in 2003 in that period, and 12 injury crashes in 2004 in that same period.

Councilman Cohen

Can you tell me: Are there any department -- PennDOT requirements on what's necessary for closure or change from two-way to one-way 58 Law & Gov't and Streets & Services - 6/9/04 street?

Mr. Denny

PennDOT has some guidelines in their Publication 201.

Councilman Cohen

What are PennDOT's guidelines for changing a two-way street to a one-way street?

Mr. Denny

They give you a list of items to look at, and then some criteria to follow.

Councilman Cohen

And what were the lists to look at and what were the criteria involved?

Mr. Denny

The traffic volumes, traffic crashes... Traffic volumes, crashes, alternate routes for the traffic.

Councilman Cohen

Well, isn't it a fact that you had no guidelines in reality, and that PennDOT says all the time it will accept whatever Philadelphia thinks is good PennDOT will accept without question? That's what they tell us all the time we call them. When we tell them that your offices says that PennDOT regulations have not been met, they say that's totally 59 Law & Gov't and Streets & Services - 6/9/04 untrue. We will meet -- We will accept Philadelphia's standards. Whatever Philadelphia agrees to do is agreeable to us. But we never got the Street Department to agree. Is that because you want to just base your recommendation on what politicians ask you to do? COUNCILMAN DiCICCO: I wish that were the case. I wish that were the case. (Laughter.) COUNCILMAN DiCICCO: I'm sorry.

Councilman Cohen

That's all right. Your question is right. Because seems to me that this is political corruption of the worst kind, to permit one single individual to make the decision, and to ignore the community. And the Streets Development didn't communicate with the community -- the Councilwoman didn't. And she felt that she was elected by them; they gave up their rights. She doesn't agree that the 60 Law & Gov't and Streets & Services - 6/9/04 expression of voters -- COUNCILMAN DiCICCO: Councilman --

Councilman Cohen

-- is that the expression of people -- COUNCILMAN DiCICCO: Councilman --

Councilman Cohen

-- are entitled to -- COUNCILMAN DiCICCO: Councilman, I would appreciate your directing your questions and comments to the witnesses and not engaging in a one-on-one with the members of this committee. Before you do --

Councilman Cohen

Well, I think you would feel altogether different if somebody went into your area and said, you no longer count, and I'm replacing you, and I don't care how your people feel. (Laughter and applause.)

Councilman Cohen

It's not so easy to be quiet like that. COUNCILMAN DiCICCO: Councilman, I'm only going to respond to say that Council members-at-large have interfered in the 61 Law & Gov't and Streets & Services - 6/9/04 workings in my District in the past, including yourself but --

Councilman Cohen

Yeah. Well, you know that. COUNCILMAN DiCICCO: I know. It's been done to me. Joe, before you begin, Mr. Denny, when you conducted or your department conducted this study, this survey, how is it compared to other studies that have been requested for similar types of changing of directions of traffic? Was it consistent with what you normally would do? Was the criteria the same? Was there any difference in how this was conducted?

Mr. Denny

Most of the studies we do for changing streets one way are not as involved because they're usually much smaller streets involved in the changes, and... COUNCILMAN DiCICCO: But I'm talking about the process, the criteria, whatever the guidelines are that the department has 62 Law & Gov't and Streets & Services - 6/9/04 in place. Was there any deviation from that? Was it consistent with what you normally would do, notwithstanding that some streets are busier than others?

Mr. Denny

It was consistent, yes. COUNCILMAN DiCICCO: So there was no 8 special consideration, no changing of the criteria to make it fit better or worse?

Mr. Denny

No. 11 COUNCILMAN DiCICCO: Thank you.

Councilman Cohen

Isn't there a whole set of instructions by Pennsylvania Department of Transportation requirements, in setting up a one-way street? Do you have them? Do you have with you?

Mr. Denny

I'm not sure if I have them with me. There is a page in 201 --

Councilman Cohen

Could you check and see if you have them with you? Because I'd like you to read into the record what PennDOT says you're supposed to do before you make a decision on changing a two-way to a one-way street. And tell me if you find anywhere it 63 Law & Gov't and Streets & Services - 6/9/04 says check with the District Council member to find out what he or she thinks. (Laughter.)

Mr. Denny

Well, when I started I initially said that the Pennsylvania Vehicle Code, Sections 3308 and 6109(a)(4) gives local authorities control for setting directions of streets under their jurisdiction. In the City of Philadelphia, City Council determines streets direction. COUNCILMAN DiCICCO: Councilman, I would ask you ask maybe you ask one more question. There are other members of this committee. And then we can come back to you.

Councilman Cohen

Okay. Well, no. 19 That's all right. You can go right ahead. Let me finish that one question. Aren't there a whole lit, a whole page full of lists of requirements?

Mr. Denny

There is one page.

Councilman Cohen

In 205?

Mr. Denny

In 201. 64 Law & Gov't and Streets & Services - 6/9/04

Councilman Cohen

In Title 67, Chapter 201. Do you have a copy of that?

Mr. Denny

It's Chapter 201, yes, Title 67, Subchapter D. For traffic control restrictions.

Councilman Cohen

20151.

Mr. Denny

201.51, one-way streets.

Councilman Cohen

One-way streets.

Councilman Cohen

And aren't there a whole list of requirements?

Councilman Cohen

And did you meet all of them?

Councilman Cohen

But you don't refer to them in your report.

Councilman Cohen

You have nothing to compare with. You've told us what you thought happened over the three-day period. And you waited -- I believe it was in March, if my memory is right from in the report, that you did those three days. 65 Law & Gov't and Streets & Services - 6/9/04 I don't know what happened during January and February or April, May and June. And you had nothing to compare it with. And you didn't mention most of the streets in the District. You didn't compare them. You didn't tell us what had been the condition before, what it was later. You said Ogontz and Olney was under construction. It's not under construction. It's fully operating. But the fact is it's jam packed, isn't it? And that's the only major area where you can divert traffic to. Anywhere else you divert traffic, you either got to chase it away from the whole area or if you divert it, it's got to go into some small street somewhere, doesn't it?

Mr. Denny

The traffic would either go to Wister, to Chelten Avenue, to Ogontz Avenue or to Broad Street.

Councilman Cohen

Well, we'll hear from the witnesses. 66 Law & Gov't and Streets & Services - 6/9/04 COUNCILMAN DiCICCO: Thank you. Councilman -- The Chair recognizes -- Let me get Councilman Rizzo and then --

Councilman Cohen

You mention -- You didn't cover Chelten Street in your report.

Councilman Rizzo

Thank you. Mr. Denny, I just have a very basic question. You're a professional engineer, traffic engineer. Do you believe that 20th Street is a safer street, both for pedestrian and vehicular traffic, in the configuration that it is today?

Councilman Rizzo

Thank you. COUNCILMAN DiCICCO: Thank you. The chair recognizes Councilwoman Donna Reed Miller.

Councilwoman Miller

Thank you. I just want to say just a couple things, and then I have a question to ask. We've been meeting with the community for the last five or six years. We've been meeting with the community so 67 Law & Gov't and Streets & Services - 6/9/04 often. I don't call the meetings. These people have meetings and they invite us to them. We've been meeting with them --

Councilman Cohen

When --

Councilwoman Miller

-- as far back as when Joe Marks -- COUNCILMAN DiCICCO: Councilman, please.

Councilwoman Miller

-- was Managing Director of this City. We've had Joe Marks at the meetings. We've had Estelle Richman at the meetings, as Managing Director. We have not had Phil Goldsmith there, but we've had people from his office there. We've had state police, L & I, City police, LaSalle police, because we've been meeting and dealing with the issues pretty much around the students and their behavior out in the community, and any other issues that comes up. And I just wanted to say that because this wasn't a meeting that we just 68 Law & Gov't and Streets & Services - 6/9/04 had last summer or two meetings last summer. I wanted to just make that record clear. The other thing I want to say is that I'm not here tonight to attack Councilman Cohen, but evidently it's very obvious that that's what he wants to do with Donna. So if he wants to continue to do that, just do it. But I am not here to attack him or anyone else. The other thing I'd also just like to say, too, that in September of 2003 I had two memos that I took up to Councilman's office, Councilman Cohen's office, to talk to him about 20th Street and about Kimball Park. So, I just want to let the people know that, too. We are not trying to close 20th Street -- (Councilman Cohen began speaking simultaneously with Councilman Miller, not reportable.)

Councilman Cohen

-- across the street from Kendall Park. 69 Law & Gov't and Streets & Services - 6/9/04

Councilwoman Miller

We are not trying to close --

Councilman Cohen

And we're -- COUNCILMAN DiCICCO: Councilman -- (Councilman DiCicco and Councilman Cohen began speaking simultaneously, not reportable.)

Councilman Cohen

-- work with me -- COUNCILMAN DiCICCO: Councilman.

Councilman Cohen

-- you come up with a plan. COUNCILMAN DiCICCO: Councilman, you have made a lot of statements tonight concerning Councilwoman Donna Reed Miller. She did not respond. She allowed you the opportunity. I would ask that you --

Councilman Cohen

What do you mean she allowed me the opportunity? COUNCILMAN DiCICCO: She is not --

Councilwoman Miller

Well, because I didn't interrupt you. COUNCILMAN DiCICCO: We're not going to go one-on-one. 70 Law & Gov't and Streets & Services - 6/9/04 I'm going to Chair this Committee, and I'm going to limit the debate for half a minute if we continue this, so please let her finish. She didn't interrupt you when you were speaking. I would ask you to give her the same courtesy. Thank you. Please proceed.

Councilwoman Miller

We did not make this decision in a vacuum. We talked to people, and I just need you to know that, just for the record. Just for the record. I can't sit here and hear these things said and know that there's a whole another part of the story that's not being told. This was a compromise.

Councilman Cohen

There was no 19 compromise. A compromise --

Councilwoman Miller

Well, to some people there's no compromise.

Councilman Cohen

-- is when people get together. COUNCILMAN DiCICCO: Councilman, please. 71 Law & Gov't and Streets & Services - 6/9/04

Councilwoman Miller

For some people there's no compromise. COUNCILMAN DiCICCO: Councilman. Councilman. You've said a lot of things, and she allowed you to say them without interrupting you.

Councilman Cohen

She didn't allow me to say --

Councilwoman Miller

And I did not make --

Councilman Cohen

-- a word. COUNCILMAN DiCICCO: And I'm saying --

Councilwoman Miller

-- 20th Street one way. COUNCILMAN DiCICCO: Councilman.

Councilwoman Miller

I asked for a study. I have a right to talk, just like -- COUNCILMAN DiCICCO: Councilwoman.

Councilman Cohen

Well --

Councilwoman Miller

-- you do. (Councilman Cohen and Councilwoman 72 Law & Gov't and Streets & Services - 6/9/04 Miller began speaking simultaneously, not reportable.)

Councilman Cohen

-- when you pick one color --

Councilwoman Miller

I have a right to talk and make comments just like you. COUNCILMAN DiCICCO: And you have that right; and continue, please. Please do not interrupt her.

Councilwoman Miller

And I also did not make 20th Street one way. I asked for a study. I asked for a study.

Councilman Cohen

Well, they say -- You heard them testify. They said you requested --

Councilwoman Miller

Well, I think he just --

Councilman Cohen

-- it. You're the only who that requested it.

Councilwoman Miller

-- made a mistake with his use of words... (Moans from the audience.)

Councilwoman Miller

Because later I heard him -- I did hear him mention a 73 Law & Gov't and Streets & Services - 6/9/04 study.

Councilman Cohen

You ignore these people who live there many years?

Councilwoman Miller

We have not ignored them.

Councilman Cohen

When you go in, you say you're not --

Councilwoman Miller

We have not ignored them. COUNCILMAN DiCICCO: Councilman Cohen, I think you are totally --

Councilwoman Miller

And the only question right now -- COUNCILMAN DiCICCO: -- disrespecting this Chair. Excuse me, Councilwoman. It's about the third time in the last minute-and-a-half that I had to ask you to please allow her to finish, and you're saying that she didn't allow you. No one interrupted you during your probably 10- to 12-minute opening remarks and your subsequent questioning. I'm asking you to give the same courtesy to the 74 Law & Gov't and Streets & Services - 6/9/04 other members of this Committee, please. Thank you.

Councilwoman Miller

I'd like to ask a question of anybody at the table. Could you explain what traffic calming is? And does the northbound direction for 20th Street act as a natural traffic calming mechanism. COUNCILMAN DiCICCO: The Chair recognizes Mr. Sernick for comments, please.

Mr. Sernick

Good evening, Mr. Chairman, and members of the Committee. My name is Joseph Sernick. I'm the Chief Engineer and Surveyor of the Streets Department. Traffic calming is a concept where various measures are initiated to try to slow down and better control traffic. Without traffic calming, traffic can get out of control, can be very fast. So you try to institute some kind of measures that reduce the volume of traffic, reduce the speed of the traffic, reduce the number of 75 Law & Gov't and Streets & Services - 6/9/04 turns. And clearly, making 20th Street one way and reducing the width of the cartway is clearly traffic calming measures which have calmed traffic on 20th street. (Alarm sounds.) COUNCILMAN DiCICCO: That wasn't meant for you. That was still running from the previous person. So thank you, Mr. Sernick.

Mr. Sernick

Mr. Chairman, could I also try to make a very brief statement that I think will at least clarify the Streets Department's position on this. COUNCILMAN DiCICCO: Please do.

Mr. Sernick

For many years this issue of 20th Street: Closing it fully, closing it partly, keeping it open was on the table. It was a contentious issue. We have a mechanism in City government here that allows us to do a trial. There's nothing better -- no better way to see how things work than trying it out. We have this mechanism. We decided 76 Law & Gov't and Streets & Services - 6/9/04 to institute this trial which is what started in December. During that period the Streets Department evaluated traffic, evaluated where traffic was diverted to, evaluated crashes. It was done by a professional traffic engineering staff. It was done by professional traffic engineering staff that had no vested interest in this. It was an objective study. I understand that some of the conclusions that were drawn here are not satisfactory to everybody. I'm sure we'll hear some conflicting opinions. However, our position was that based on our study which was done, traffic engineering is part art and part science. Based on our evaluation, the traffic operation in the area was not adversely affected by the closure of 20th Street.

Councilman Cohen

Well, of course. That's all traffic -- COUNCILMAN DiCICCO: Councilman, 77 Law & Gov't and Streets & Services - 6/9/04 please; let the witnesses finish. Thank you.

Mr. Sernick

That's the judgment that the professional traffic engineering staff of the Streets Department has made. Could somebody else make a different evaluation? Of course they can. And we'll listen to that, and we'll respect any testimony that we hear today. But that was in our evaluation. And I believe it was a fair and objective evaluation, and it was using the same type of study that we would do in any situation of this type. COUNCILMAN DiCICCO: Mr. Sernick, how long has the study been going, six months?

Mr. Sernick

It's been going since the 29th of December, so it's -- COUNCILMAN DiCICCO: And what was the time period that you were going to allow for the study?

Mr. Sernick

I believe we're allowed eight months. So I believe that 78 Law & Gov't and Streets & Services - 6/9/04 this would go till August 28th, I guess. COUNCILMAN DiCICCO: Thank you. Councilwoman Miller.

Mr. Loney

Mr. Chairman, can I say something, too? As both Councilwoman Miller and Councilman Cohen know, that I've been involved in these meetings kind of from the beginning. And one of the things that we had heard, we had just finished design of the new 20th Street, if this goes through. One of the things that we heard was that there was traffic. The barriers were going to move back, and that's going to be a lane of traffic and we'll -- or a lane of parking that's not there now, that the neighbors had said they wanted the students or whoever in LaSalle to be -- park there and not in the neighborhoods. That's been accommodated to. So some of the things that actually the people have been out there... I was out there and we did accommodate as much as we could 79 Law & Gov't and Streets & Services - 6/9/04 within that area. COUNCILMAN DiCICCO: Mr. Loney, how many meetings --

Councilman Cohen

What was the -- COUNCILMAN DiCICCO: Mr. Loney, how many meetings have you attended?

Mr. Loney

I have attended so far three, one with Councilwoman Miller, two major community meetings. COUNCILMAN DiCICCO: In what period of time, approximately?

Mr. Loney

I don't know. When were the two meetings, Councilman? Probably within the last six months. COUNCILMAN DiCICCO: Last six months. Mr. Denny, have you attended any of those meetings as well?

Mr. Denny

No, I have not. COUNCILMAN DiCICCO: Mr. Sernick?

Mr. Sernick

No, I have not. COUNCILMAN DiCICCO: Are there any other members that you know of, Mr. Loney, from the Streets Department who have attended meetings along with you? 80 Law & Gov't and Streets & Services - 6/9/04

Mr. Loney

No. Probably pretty much it was just me. COUNCILMAN DiCICCO: Okay. Just wanted to know for the record who it was. Okay.

Councilman Cohen

These departments had no meeting with the people. COUNCILMAN DiCICCO: Councilman.

Mr. Loney

No. Councilman, you --

Councilman Cohen

The only time you had meetings was when we brought them to your place. COUNCILMAN DiCICCO: Councilman, I will recognize you, trust me, if you just give me an opportunity. I'm really trying to maintain as much order as I can at this late hour.

Councilman Cohen

Well, you know, when you were under attack it's certainly different -- COUNCILMAN DiCICCO: I'm under attack mostly every week around here, but I'm learned to... I don't know. I guess roll with the -- Councilman Cohen, you are 81 Law & Gov't and Streets & Services - 6/9/04 being recognized. Thank you. (Laughter.) COUNCILMAN DiCICCO: Hold on. Hold on. Okay. Now go.

Councilman Cohen

Somebody mentioned traffic calming. There's Not a word in your report about traffic calming. There's not a word in your report about most of the requirements of PennDOT. If you don't have the page, I'll let you see our copy, and you can read it into the record as to what's done -- what's required to be done. Could Ellen bring it over to him? COUNCILMAN DiCICCO: Do you have copies for the Committee?

Councilman Cohen

No. It's just here. Read it into the record. It was just a copy we had. We assumed he had it, too, the PennDOT regulations. COUNCILMAN DiCICCO: Apparently he has. Thank you.

Mr. Denny

One-way streets, elements of engineering and traffic study. 82 Law & Gov't and Streets & Services - 6/9/04 The following elements shall be considered as applicable in every engineering and traffic study pertaining to one-way streets. One, accident analysis; two, capacity analysis; three, geometric review.