COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING BEFORE THE COMMITTEE ON APPROPRIATIONS - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, February 25, 1998 1:30 p.m. - - - BILL 980025- Authorizing transfers in appropriations for FY 1998 to Law Department. BILL 980026- Authorizing transfers in appropriations for FY 1998 to Police, Dept. of Recreation, District Attorney and First Judicial District of Pennsylvania. BILL 980027- Authorizing transfers in appropriations for FY 1998 to Procurement Department. BILL 980028- Authorizing transfers in appropriations for FY 1998 to Mayor's Office Community Services. BILL 980029- Authorizing transfers in appropriations for FY 1998 to Managing Director. BILL 980030- Authorizing transfers in appropriations for FY 1998, First Judicial District of PA. BILL 980031- Authorizing transfers in appropriations for FY 1998 to Police Department. BILL 980032- Authorizing transfers in appropriations for FY 1998 to Dept. of Human Services, Office of Emergency Shelter and Services. BILL 980033- Authorizing transfers in appropriations for FY 1998 to Special Gas Tax Fund, Department of Streets. BILL 980034- Authorizing transfers in appropriations for FY 1998 within Water Fund Water Department, to Department of Revenue. BILL 980035- Authorizing transfers in appropriations for FY 1998 to certain of city offices, departments, boards and commissions. BILL 980036- Authorizing transfers in appropriations for FY 1998 to Mayor's Office of Information Services. BILL 980037- Authorizing transfers in appropriations for FY 1998 to Fairmount Park Commission. BILL 980038- Authorizing transfers in appropriations for FY 1998 to Mayor's Office of Community Services. - - - 2 PRESENT: COUNCILWOMAN JOAN L. KRAJEWSKI, Chair COUNCILMAN MICHAEL A. NUTTER, Vice Chair COUNCILWOMAN AUGUSTA A. CLARK COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN ANGEL L. ORTIZ COUNCILWOMAN ANNA C. VERNA COUNCILWOMAN MARIAN B. TASCO - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center Plaza, Suite 600 Philadelphia, PA 19103 (215) 561-2220 I N D E X BILL 980037 (Held)---------------------------- BILLS 980034, 980035 Dean Kaplan, Budget Director, City of Philadelphia-------------------------------- 6 Kathleen Rapone, Deputy Court Administrator, Philadelphia Municipal Court---------------- 17 7 Thomas Nestel, Deputy Commissioner, Philadelphia Police Department-------------- 22 Captain Robert Tucker, Management Review Board- 23 BILLS 980025, 980026, 980027, 980028, 980029, 980030, 980031, 980032, 980033, 980036, 980038 Dean Kaplan, Budget Director, City of Philadelphia------------------------------- 36 George Mosey, Deputy, Narcotics Division, District Attorney's Office----------------- 40 Brian Anderson, Chief Information Officer, Mayor's Office of Information Systems------ 58 - - - Public Meeting---------------------------------- 61 - - - 4 CHAIRWOMAN KRAJEWSKI: Good afternoon. The Committee on Appropriations is now in session. Will the clerk please read the bills.
Bill No. 980025, An Ordinance authorizing transfers in appropriations for Fiscal Year 1998 within the Grants Revenue Fund, from the Director of Finance, Provisions for Other Grants, to the Law Department. 980026, An Ordinance authorizing transfers in appropriations for Fiscal Year 1998 within the Grants Revenue Fund, from the Director of Finance, Provision for Other Grants, to the Police Department, the Department of Recreation, the District Attorney and the First Judicial District of Pennsylvania. 980027, An Ordinance authorizing transfers in appropriations for Fiscal Year 1998 within the Grants Revenue Fund, from the Director of Finance, Provision for Other Grants, to the Procurement Department. 980028, An Ordinance authorizing transfers in appropriations for Fiscal Year 1998 5 within the Grants Revenue Fund, from the Director of Finance, Provision for Other Grants, to the Mayor's Office of Community Services. 980029, An Ordinance authorizing transfers in appropriations for Fiscal Year 1998 within the Grants Revenue Fund, from the Director of Finance, Provision for Other Grants, to the Managing Director. 980030, An Ordinance authorizing transfers in appropriations for Fiscal Year 1998 within the Grants Revenue Fund, from the Director of Finance, Provision for Other Grants, to the First Judicial District of Pennsylvania. 980031, An Ordinance authorizing transfers in appropriations for Fiscal Year 1998 within the Grants Revenue Fund, from the Director of Finance, Provision for Other Grants, to the Police Department. 980032, An Ordinance authorizing transfers in appropriations for Fiscal Year 1998 within the Grants Revenue Fund from the Director of Finance, Provision for Other Grants, to the Department of Human Services, Office Emergency Shelter and Services. 6 980033, An Ordinance authorizing transfers in appropriations for Fiscal Year 1998 from the Grants Revenue Fund, Director of Finance, Provision for Other Grants, to the Special Gasoline Tax, Department of Streets. 980034, An Ordinance authorizing transfers in appropriations for Fiscal Year 1998 within the Water Fund from the Water Department, to the Department of Revenue. 980035, An Ordinance authorizing transfers in appropriations for Fiscal Year 1998 within the General Fund from certain or all city offices, departments, boards and commissions, to certain or all city offices, departments, boards, and commissions. 980036, An Ordinance authorizing transfers in appropriations for Fiscal Year 1998 within the Grants Revenue Fund, from the Director of Finance, Provision for Other Grants, to the Mayor's Office of Information Services. 980038, An Ordinance authorizing transfers in appropriations for Fiscal Year 1998 within the Grants Revenue Fund from the Director of Finance, Provision for Other Grants, to the Mayor's 7 BILLS 980034, 980035 Office of Community Services. And Bill No. 980037, An Ordinance 4 authorizing transfers in appropriations for Fiscal Year 1998 within the Grants Revenue Fund from the Director of Finance, Provision for Other Grants, to the Department of Recreation, Fairmount Park Commission, is being held. CHAIRWOMAN KRAJEWSKI: Good afternoon, Mr. Kaplan. Right now we are going to take testimony on Bills No. 980035 and 980034.
Thank you very much, Councilwoman Krajewski, members of the Appropriations Committee. Good afternoon. My name is Dean Kaplan. I am the city's Budget Director. And I appear before you today to offer testimony on 13 bills, including 980035, which makes Fiscal Year 1998 appropriations transfers between and among classes and departments in the city's General Fund, and 980034, which makes appropriations and transfers between departments within the Water Fund. The transfers in Bill No. 980035 are needed to realign FY '98 appropriations in the General Fund. And let me touch on several of the 8 BILLS 980034, 980035 major transfers in this proposed ordinance. The largest increase is a $15 million transfer to the School District, requested to reduce the District's projected budget deficit and to support the continued improved operation of the Philadelphia Public School System, as described in the Mayor's budget address several weeks ago. As you know, the Administration has been working along with Council to have the Commonwealth meet its obligation to provide a fair share of the funding for the School District. And we have engaged in several cooperative ventures, including last year's tax lien sale, the collection of the Use and Occupancy Tax, and other initiatives. And this $15 million proposed transfer would be an additional means of doing what we can for the School District on an interim basis, until the Commonwealth meets its constitutional obligation to properly fund the schools. 05 million in the Legal Services appropriation. This is largely a result of the Council's request last year that the Administration work with City 9 BILLS 980034, 980035 Council staff and the Defender Association to review the adequacy of their prior appropriations. The ordinance includes an increase of $732,000 in the Revenue Department, primarily to establish a centralized mail facility to handle outgoing mail for all city departments. This is a critical transfer because it will allow the provision of mail services once the city moves out of the CIGNA Building, where our mail equipment is currently located. As you know, that lease terminates towards the end of this calendar year. And we believe that after several moves, our itinerant mail equipment will probably not survive a further move after this. In addition, Council often asks about the city's competitive contracting process. And this is a case where, after really detailed investigation of the city's outgoing mail process, which was an area we had identified as a potential competitive contracting opportunity, we have decided that it makes financial sense to keep inhouse this service. And for this reason we are seeking to 10 BILLS 980034, 980035 purchase new equipment, so that we can construct a city mail room that will be operated by city employees. I should mention that another part of this Revenue Department transfer will fund, provide partial funding, for new imaging technology for the capture of tax returns, correspondence, and miscellaneous documents for the Revenue Department. And because the Water Department uses some of this equipment for processing of water and sewer bills, there is a $450,000 transfer within the Water Fund, that's Bill No. 980034, which will provide the appropriation authority to the Revenue Department for the Water Fund portion of that equipment. The ordinance also includes $500,000 to allow the Department of Licenses & Inspections to undertake a demolition pilot program with Partners for Progress, and an increase of $478,524 for the City Commissioners, primarily to fund increased payments to Election Judges in the upcoming primary election. I know that members of Council will be pleased to know that this will allow an increase 11 BILLS 980034, 980035 for Judges of Elections from $65 to $100, and for inspectors, clerks, and machine operators from $60 per day to $95. And that's pursuant to state law passed last year.
The ordinance includes $341,000 for the Office of Emergency Services, to fully fund winter shelter beds for the remainder of FY '98, and $306,000 for the Department of Public Health for medical and laboratory supplies to meet the increased demand at the city's health centers. 8 million from the Sinking Fund Commission appropriation, and these funds are available for a number of reasons. First, the city had originally, as you know, planned to issue long-term general obligation debt during this fiscal year. And that debt issue is now scheduled for the fall of this year, freeing up those funds. And in addition, the city's costs for short-term debt service and issuance for short-term debt turned out to be much lower than originally projected. 12 BILLS 980034, 980035 There are five internal transfers in the bill within departments. And obviously they have no impact on the overall appropriations, but do allow departments to spend money in the classes where they need them. 463 million for the Police Department, which will be used to establish an Aviation Unit within the department with the purchase of two helicopters. The Commonwealth of Pennsylvania has contributed another $900,000 for this purchase. And when we come to the Grants Revenue transfer ordinances, we will be requesting passage of an ordinance for that purpose, so we can spend that grant money, as well. Also this afternoon, the Administration is requesting an amendment to Bill 20 No. 980035, which is the omnibus General Fund transfer ordinance. And in this amendment we are asking for the following items: First of all, Council will be pleased to know, full funding for the labor settlement with the Deputy Sheriffs and the Register of Wills, which 13 BILLS 980034, 980035 you played, obviously, an important part in bringing about. 5 million in Class 500 to make the city's contribution to its joint effort with the state and the Pew Charitable Trust for the Greater Philadelphia Tours and Marketing Corporation; $250,000 in Class 500 for the Art Museum, to support promotional costs related to the upcoming block-buster DellaQua exhibit; and $95,000 in Class 100 and $60,000 in Class 200 for City Council. 33 million from the Streets Department, available both because of the increased state gas tax revenues and the lower number of call-outs due to the warm winter; and $30,000 from City Council's materials, supplies, and equipment account. 14 BILLS 980034, 980035 I would note that I have provided the committee with marked-up versions of the bill 4 reflecting these amendments. Finally, in summary, I request the Council's favorable consideration of Bills No. 7 980035 and 980034. I request suspension of the Rules to permit first reading of these bills at the next session of City Council. And as with all of the resolutions and bills today, representatives of all the departments involved in these requested transfers are present to answer any questions you might have. Thank you. CHAIRWOMAN KRAJEWSKI: Thank you, Mr. Kaplan. The city is contributing $15 million to the School District. We all know we made that commitment. But do you have any idea if and when the state is going to pay any share of that, the School District?
Unfortunately, I do not. 15 BILLS 980034, 980035 But as you know, the city has, with the support of City Council, engaged in a very aggressive strategy of actually going to court with the School District and other parties to try to force the state to take some action on this matter. Obviously the state has been quite recalcitrant. And I don't think we can necessarily anticipate help from them soon. And that's one reason we are requesting this transfer today. CHAIRWOMAN KRAJEWSKI: Thank you. Unfortunately, I have to leave. I am going to turn it over to our Vice-Chairman, Councilman Nutter, and he will conduct the hearing. Let me apologize, that I do have to go, since this meeting didn't start until very late. Councilman. (Councilman Nutter assumes the Chair.)
Thank you, Madam Chair. Mr. Kaplan, do you have any other testimony?
I have no other 16 BILLS 980034, 980035 testimony on these ordinances. I do have testimony on the various Grants Fund ordinances, which I would be happy to present whenever you are ready.
Let me just ask a couple of questions. In Bill 980026, I believe this is the funding for the First Judicial District and the night court; is that correct?
No one has commanded the numbers yet, so. Yes, among other things, this is the Local Law Enforcement Block Grant transfer ordinance. And among other things, it includes funding both for night court and drug treatment court in the First Judicial District.
Is it correct to characterize this as the first funding for this program which started on a volunteer basis?
I believe that's the case. But let me ask Kathy Rapone from Municipal Court, who is here today, to come up and address that more directly, because they are more familiar with the specific funding sources. 17 BILLS 980034, 980035
Kathleen Rapone, Deputy Court Administrator, Philadelphia Municipal Court.
Yes, Councilman, this is the first such funding for the night court program. Up until this point, it has been strictly volunteer.
The reason I was a little tentative was that I believe there may be some Police Department costs associated with the program. And I don't know what they are, but we can find those out for you.
Okay. I also, I guess, did want to point out for the record, I know that testimony on this bill has come in from The Honorable President Judge Alex Bonavitacola. But this is a program, my recollection, that it started in Municipal Court; is that correct?
Okay. 18 BILLS 980034, 980035 Councilman, do you have a question?
Yes, I do. On this Night Court, this is the Seamus show?
I mean, that's what it is. You have to see it to appreciate it.
It is going to be on the Fox Network, Councilman -- no, WWB; I get them mixed up. This is the Night Court, Judge DeLeon, Judge Means, Judge Schwartz. It is a great thing. I go every week. It is better than going to a movie. Especially, you have to see it at Front and Westmoreland. Besides being free. So now we will pay those people that have been volunteering their time?
Yes. Actually, it began as a pilot program, and it is really taking off. Obviously with the quality-of-life issues in the communities, the communities are strongly behind this program. And in order to 19 BILLS 980034, 980035 enhance it and expand it, they want to start, you know, compensating people for their time.
The judge has been lobbying that this money has been promised to him by the Mayor for a while. But, the people that have been volunteering their time -- I can picture their faces, but I don't know their names -- will they get the opportunity to do the job now that it is a paying job, or will now everybody step up to the plate because it is pay?
No. I mean, I think the people who have been really dedicating their time to it.
You know what I am getting at. Those that did it for a year or two free shouldn't be pushed aside not that it is a paying program. Thank you. This is a great program.
Thank you, Councilman. Just for the record, I think the committee has been joined by Councilman Mariano, 20 BILLS 980034, 980035 Councilman Ortiz, and Councilman Longstreth. Mr. Kaplan, Bill 980035, I believe, is one of the bills that provides funding for the Police Aviation Unit. We had received information, either in the overview of the Five-Year Plan or during the course of the current budget hearings that this transfer was coming over, and that the department was anticipating creating the Aviation Unit. The one thing I didn't understand is, why are we purchasing these helicopters, which I assume are going to last for some time, why are we purchasing them out of General Fund dollars, as opposed to Capital dollars?
I think there is not a compelling reason either way. The issue in looking at the helicopters was two-fold. We had about a third of the costs paid for by the grant. We had anticipated some years ago that we would be likely to be purchasing the helicopters and had identified funds in the city's fund balance at that time that could be used for the helicopters. And, as you know, the fund balance 21 BILLS 980034, 980035 has been fairly significant and has, essentially, carefully conserved those funds through the President. In general, we have used our limited Capital funds in the equipment area to spend on vehicles. And we felt it was important to preserve those funds.
You would consider these to be vehicles, wouldn't you?
Can we hear a little bit from the Police Department about how they plan to operate this unit? This is obviously new to the city. And I would also like to know about the maintenance and upkeep costs that go with these vehicles. What is the actual purchase price of the two helicopters?
The two helicopters will cost approximately $3.463 million. And the maintenance costs that we have assumed in the budget for this year are approximately 500 -- maintenance, 22 BILLS 980034, 980035 operation, and other costs are approximately $500,000. And Deputy Commissioner Nestel from the Police Department is here to discuss that in more detail.
Good afternoon, Commissioner. Please identify yourself for the record.
Good afternoon, Councilman Nutter. I am Tom Nestel, Deputy Police Commissioner. With me is Captain Bob Tucker, who will be the commander of our helicopter unit. As what has been testified to, the purchase of the two helicopters will be approximately $3.4 million. There is a limited warranty that comes with that purchase. In addition to that, there is a maintenance contract that the captain will explain to you, and who that's with, and what that will cover. CAPTAIN TUCKER: Good afternoon, Councilman.
Please identify yourself for the record, and get very close to the 23 BILLS 980034, 980035 microphone. CAPTAIN ROBERT TUCKER: My name is Captain Robert Tucker, and I am assigned to the Management Review Bureau. And currently I am doing the work for the Aviation Unit and the development aspects of it.
How many people will be in the Aviation Unit? CAPTAIN TUCKER: Sir, right now we have two police -- civilian pilots, two police observers, and three supervisors total.
Two police civilian pilots. CAPTAIN TUCKER: Two civilian pilots, two police observers, and three supervisors total.
They are already with the department? CAPTAIN TUCKER: No, Councilman, it is not.
Councilman, the plans are to hire the civilian pilots. The selection process, I'm not sure if it has been finalized or it is right on the verge of finalization. 24 BILLS 980034, 980035 The selection process for the officers from within the department is down to a very short list, and the final selections will be made shortly.
Deputy Commissioner, is it your testimony, or Captain Tucker, your testimony is that the pilots for these helicopters will be civilians?
The plans are that initially the pilots will be civilians. We do have some people within the department who have flight experience, but they do not have the total number of hours that are required to be helicopter pilots. As they accrue those number of hours, then we will convert, will most likely convert, to having sworn pilots.
Is there any, I guess, state or federal regulation with regard to the operation of these helicopters that require the individuals to be sworn police officers? Do we allow civilians to drive police cars? CAPTAIN TUCKER: Councilman, there is 25 BILLS 980034, 980035 no federal regulation that mandates that police sworn officers fly helicopters. The Federal Aviation Regulations, Part 91, are what drive the requirements for licensing. The reason that we have civilian pilots at this time is, there is a requirement of a thousand hours turbine time, per insurance regulations. The insurance industry is, in essence, driving the fact that we have to have civilian pilots. The police pilots that we do have are rotor craft helicopter licensed pilots, but they don't have the required thousand hours turbine time; subsequently, they don't meet the insurance requirements.
Let me ask this question: Is the use of those personnel in any way, shape, or form in conflict with the city's contract with the FOP? CAPTAIN TUCKER: No, sir. And I have worked with Personnel, and the Civil Service Commission has waived the Civil BILLS 980034, 980035 Service requirement for the police pilots because we have no one that's qualified to do the type of flying that we are doing.
I believe the captain maybe able to comment on this in more detail. But it is not an uncommon method for starting police, a state police helicopter unit, nationally.
That was going to be my next question. And I think Councilman Rizzo wants to ask a question. For the State Police, police, who -- I won't get into that. The State Police obviously have helicopters. The people who pilot the State Police helicopters, are they sworn state troopers or are they civilians? CAPTAIN TUCKER: They are sworn, Councilman.
I would just like to follow up on Councilman Nutter's questioning. Do you know how far away these sworn officers are from accumulating that thousand hours? 27 BILLS 980034, 980035 Do you have a list of how many veteran pilots are in the Philadelphia Police Department from the military, possibly, that have 900 hours, that possibly we could work with the State Police or one of the traffic operations to get them the required hours necessary? CAPTAIN TUCKER: Unfortunately, Councilman, the majority of the military-oriented pilots that we have are from the Vietnam era and, unfortunately, very stale timewise as far as their recent experience in flying. And the fact that, the military licensing that they have does not convert to the civilian world. So there are only two helicopter pilots identified in the Police Department at this time. Neither one have military experience, neither one have turbine time. So the way that I have developed that is, by hiring the civilian pilots, they will be Chief Flight Instructors, CFIs. And as they fly, as the civilians fly with our police observers, who are also helicopter pilots, they will be accruing the acquired turbine 28 BILLS 980034, 980035 time, so eventually they will be able to take over.
Now, you are going to put police observers. Are they going to be co-pilots or observers? CAPTAIN TUCKER: They will, in essence, be co-pilots/observers. The cockpit management in the helicopter for a police mission is very complex. These helicopters will have a FLIR, which is a Forward Looking Infrared, and also a night sun. So they are really great capabilities for doing search for suspects, lost people, and those types of missions. So they will be observers, primarily, and will be doing that mission aspect, besides the flying.
Will they be, then, slash, student pilots? CAPTAIN TUCKER: No, Councilman. They are actually pilots; they are helicopter pilots, fully licensed. The only thing that prevents them from taking control by themselves is that thousand-hour turbine time that's required by the 29 BILLS 980034, 980035 insurance industry.
So the officers that will be the observers are currently trained helicopter pilots, but don't have the credentials? CAPTAIN TUCKER: That's exactly correct, Councilman.
I know a Council member asked for some information, and I don't know if it was forwarded to that Council member. I overheard the request. How did we determine lease versus purchase? What study was done? What were the numbers? Why are we owning two helicopters, when it seems as though Channel 6, 10, 3, that fly a lot of hours, lease their equipment? CAPTAIN TUCKER: The study was done prior to my arrival, and I will have to get you copies of those studies. I don't have them with me. Those were done years ago, and the lease/purchase aspects. So I don't have those with me.
Because from my experience, when a helicopter is down for a 30 BILLS 980034, 980035 thousand-hour check, or whatever you refer to it, that helicopter is down, it is not in service. When you lease something, the vendor, in most cases, is required to keep you up status all of the time. So I am real curious how we came to this decision, lease versus purchase.
Councilman, I will get you that information. But I believe it had an awful lot to do with the unique equipment that goes with a police helicopter, and that that was one of the factors that were involved in that decision.
Commissioner, there is no disrespect, but there is no more unique helicopter than a news helicopter. They have all the sophisticated equipment that you could certainly want. And I am sure there are some lights and some other things. But I am sure that if you put that out there to bid, that the manufacturers would be just very anxious to provide you the equipment that you want. Again, this is not meant to be argumentative. But from my little bit of experience 31 BILLS 980034, 980035 in this area, I know that I have talked to a couple of people that were surprised that we are purchasing this equipment and not leasing it.
The other factor to recall is that as a result of the state grant, we are paying about 75 to 80 percent of the cost and the state is picking up the balance. So that obviously helped the economic analysis work a lot better than it would have if we had to pay the entire purchase price ourselves.
Thank you, Councilman. Captain, these two civilian pilots, they are going to be Civil Service employees, and they will have a waiver that we just talked about? You wouldn't know that. We just did something -- CAPTAIN TUCKER: From my understanding, they will not be Civil Service employees.
They will be 32 BILLS 980034, 980035 contracted? CAPTAIN TUCKER: They will be contractors.
Then I can't ask you if they live in the city. That was my next question, because DiCicco is not here. These vehicles, Commissioner, since you allow us to ride on ride-alongs -- I have been with Narcotics Strike Force. Do you know where I am going with this? Councilman Nutter has been with Hihgway Patrol. You know, some Council people might want to take a ride in these helicopters.
I happen to know Councilman Longstreth and I would like to take a ride in the helicopter to make sure we are getting a good deal. Thank you very much. Thank you for your help.
Commissioner, again, I do want to revisit very briefly -- and just you will note my concern -- about the use of civilian personnel in what is, I am sure, best 33 BILLS 980034, 980035 categorized as much of the activity of these helicopters comes as a result of our efforts to decrease high-speed chases by cars, now they will observe and do whatever they do by way of helicopter. I do have a concern about the use of civilian personnel versus sworn police officers, who I believe in just about every other case, every vehicle that we have that might be used in an emergency situation is driven or used by sworn officers. I would also ask, if you would touch base, maybe you already have, with the Risk Management Unit, to see if there is any potential impact, from their standpoint, on our use of civilian pilots versus sworn personnel.
Councilman, yes, we have worked with Risk Management on this issue. And the civilian pilots will never be alone, they will have sworn personnel with them at all times. As Dean had mentioned, in many other agencies where the helicopter unit was in its infancy, this is the way they also had to start 34 BILLS 980034, 980035 until the necessary flying hours were done. And it is all a part of our strategy.
Lastly, when do you expect them to literally be up in the air and operational?
Between now and then, I would ask -- and I understand we are going through a transition -- but between now and then, if the department would provide to the members of City Council -- the easiest place to do it is through the Council President's office -- whatever the operation of this unit is going to be and the protocols for use of the helicopter vehicles, not only in chase situations, but if they are going to be out in a regular patrol situation, what will they do, how will they conduct themselves, daytime, nighttime, use of the lights, all of that kind of activity I think will be very helpful to us. And hopefully people in the audience appreciate that this is a very new and potentially controversial era that we are moving into in the 35 BILLS 980034, 980035 Police Department. And I think the citizens of this city, while they certainly want to see us take every step possible to make the streets safe from high-speed car chases, they see things, whether they are appropriate or inappropriate, TV, movies, and the like. And I think we need to explain to the public what the Philadelphia Police Department Aviation Unit will do and will not do. And we need to tell them that prior to the vehicles being placed in use. Can you do that?
Okay. Thank you. Any other questions? Thank you. Mr. Kaplan, you have other testimony?
Yes, I do. Again, I am Dean Kaplan the City's Budget Director. Let me briefly summarize the other Grants Revenue Fund transfer ordinances which the 36 BILLS 980025-980033, 980036, 980038 Administration is proposing to the committee today. As you have noted, Bill 980026 is a transfer of 1.442 million as a result of the recent approval of the Second Local Law Enforcement Block Grant from the U.S. Department of Justice. The funds will go to several different agencies, including the Police Department, Recreation Department, First Judicial District, and the District Attorney's Office.
Mr. Kaplan, I hate to interrupt you -- and you can continue your testimony -- I just want you to put a mental check next to that particular bill. I want to come back to that and talk about a couple of items there.
Glad to do that. Bill No. 980030 is a separate $400,000 transfer in the Grants Revenue Fund for the Drug Treatment Court. There are two bills for the Mayor's Office of Community Services, both related to the city's response to Welfare change at the state and federal numbers. Bill No. 980038 requests $427,000 for 37 BILLS 980025-980033, 980036, 980038 Work Force Solution 2000, which will help Philadelphians whose Welfare benefits will be eliminated. And Bill No. 980028 provides $307,000 this year for Community Services Network, which will provide hardware and software for computer network to link the city's human services agencies so that they can best help their clients. Bill No. 980032 provides $351,648 for the Office of Emergency Shelter and Services, another piece of our grant funding to put together the necessary dollars to provide emergency shelter this year. And Bill 980029 provides $3.7 million to the Municipal Energy Office for a compressed natural gas fueling station at the airport, as well as airport shuttle buses. Bill No. 980027, an additional $435,000 in Grant appropriations for the Procurement Department to recapture sales and use taxes paid to the state by vendors who did business with the city. And Bill No. 980033, which transfers $2 million in Gas Tax revenue to the Special Gas Tax 38 BILLS 980025-980033, 980036, 980038 Fund in the Streets Department. That's the result of the state Gas Tax legislation passed last fall. Finally, there are two Productivity Bank ordinances which are both quite important and a little bit unusual. One is Bill No. 980025, which is requested by the Law Department, to receive a $1.982 million Productivity Bank loan, which would convert the department from a MacIntosh computer network to a Windows-based network. As you know, the Law Department will be moving into the One Parkway Building later this spring. In fact, they will be one of the first tenants. And we have requested this Productivity Bank loan and transfer ordinance in order to allow them to get on the same computer platform as all other city agencies.
Those of us who are active legislators, we are looking forward to the converse by the Law Department to the system that the rest of us have.
That's exactly what I was going to say. And I am sure that the City 39 BILLS 980025-980033, 980036, 980038 Solicitor is very happy to hear that. So this is obviously one of the ordinances we are very anxious to have suspension of the Rules for, because they will be moving quite soon and need to process the purchase of this equipment. And, finally, Bill No. 980036 is requested for the Mayor's Office of Information Services to receive a $555,000 Productivity Bank loan to purchase an automated tape system to allow daily disaster recovery backup of the city's mainframe computer system. At present there is a weekly full-system backup, but only 35 percent of the daily transactions are backed up. And obviously this is a significant hole in our current computing system, and we are very excited that they will be able to plug it with this requested loan. So, again, for Bills No. 980025 through 980033, as well as 980036 and 980038, we are requesting suspension of the Rules to permit first reading at the next session of Council. And we request your favorable 40 BILLS 980025-980033, 980036, 980038 consideration of all of those bills. And, of course, representatives are here to answer your questions.
Sure. Thank you, Mr. Kaplan. Let's go to 980026, an appropriation for the District Attorney's Office out of, apparently, a grant from the Local Law Enforcement Block Grant Program and the Public Nuisance Task Force. Is there a representative from the D.A.'s Office here? I certainly hope so. Someone from the District Attorney's Office? Yes.
Good afternoon. I am George Mosey, the Deputy for the Narcotics Division in the Philadelphia D.A.'s Office.
Mr. Mosey, can you give us the current description of the size and activities of the Public Nuisance Task Force Unit, and what the additional appropriation would be used for? 41 BILLS 980025-980033, 980036, 980038
In 1997, we received additional grant funding from the Pennsylvania Commission on Crime and Delinquency. And we were able to expand the number of prosecutors from four to six in the task force. The task force also currently has two detectives assigned. Currently, our geographic purview is the entire City of Philadelphia. We have divided the city into five separate sections, and each section is supervised by an attorney/liaison. Certainly their responsibilities include, to a certain extent, prosecuting crimes. But primarily they act as liaisons with people in the community, with the various agencies who have the wherewithal to bring some intervention to the problems in those communities, including Licenses & Inspections, the Department of Human Relations, and certainly the Philadelphia Police Department.
Okay. Councilman Ortiz has a question, but I just want to make sure I took the numbers down correctly. You tell me you have six prosecutors, or assistant district attorneys?
That's right, currently. 42 BILLS 980025-980033, 980036, 980038
There are also two law clerks -- actually, one law clerk. One law clerk is proposed under the current Block Grant.
Do you have numbers in terms of cases and statistics of all of the cases that you have handled per sector?
Do you have the classification of those cases as you have taken them, and what type of nuisance it was, was it drinking, whatever it is, and so on?
We do. And we also have the type of intervention that was ultimately used to abate the problem. 43 BILLS 980025-980033, 980036, 980038
And do you have the result of the intervention that, if you have taken a case to court, how many cases of those you have gone to court with and how many cases you have succeeded?
Very good. Because you don't have other things in computers. I just want to make clear that we have that in computers.
Do you have how many of those cases were drug related and how many of those drug dealers actually have been prosecuted, and then found guilty? Do you have that?
I don't have a report that demonstrates how many drug dealers who were 44 BILLS 980025-980033, 980036, 980038 responsible for creating a nuisance in a community were ultimately prosecuted. What I do have is the data that demonstrates how many nuisance situations were abated.
Do you have the data that gives us the number of properties that have been forfeited through this process?
Just to clarify, when I say "forfeited," I mean the litigation is over, that title has been transferred to the D.A.'s Office.
I know title. And then what do you do with that? Once you have the property or the monies or whatever it is that you find or whatever is forfeited to the D.A.'s Office, what happens to that? And do you have how the D.A. disposes 45 BILLS 980025-980033, 980036, 980038 of those properties that have been forfeited to it?
Thank you. If I can just ask, Mr. Mosey, you have agreed to provide the Councilman with a ton of information. And I know the people over in the D.A.'s Office are very, very smart, but I didn't see you take any notes. You are just going to remember everything the Councilman asked for?
As a matter of fact, I have a report. And what I was doing in my mind was reflecting whether or not that information is included in the report.
Because I have asked for this information like four months ago, or three months ago, and I still have not the gotten a response from the D.A.'s Office of information that 46 BILLS 980025-980033, 980036, 980038 we required before. And I was wondering whether it was going to take that length of time for me to get that information to come forward. Because you do have a problem in terms of corresponding with City Council, it seems.
Not to make excuses, but by way of explanation, that's because the information you requested included additional information that we have been working to provide. But the information that you requested today, we do have.
And it takes that long of a time, months, to be able to gather that information?
I just wonder. Because it seemed that we were able, your office was able, to get an incredible amount of information about Judge Messiah Jackson over to the Senate office that was not available. And this little bit of information that we asked of you has not been forthcoming for 47 BILLS 980025-980033, 980036, 980038 over two months. And I just wonder how one happens and how the other one doesn't happen. That's just a question that just pops into my mind.
Well, they couldn't get your information, Councilman, because they were busy working on the Messiah Jackson information.
Thank you. Good afternoon. When we had the hearings on the Nuisance Task Force resolution a few weeks or months back, you heard the concern that Council members had expressed about proactivity from your task force, and more proactivity from your task force in the community. Given their concern for you to be more proactive, do you think you need more prosecutors and D.A.'s?
Yes. I'm sorry; 48 BILLS 980025-980033, 980036, 980038 detectives.
Well, we coordinate our efforts with the Police Department and other law enforcement agencies that bring law enforcement personnel to the picture. What we are talking about here is community prosecution, which we found to be extremely effective in actually identifying what the problems are and then identifying what intervention technique is best suited to abate the problem. And so to that extent -- and we are only talking about a 6-to-2 ratio here. So to that extent, yes, I think it is important.
Well, it has been our experience that the office could have been more proactive in closing down some of these nuisance establishments. And it seems to me that having the detectives to help you gather information would be a better way to deploy the personnel than hiring more prosecutors. Are these prosecutors going to be assigned full time to the task force, or will part of their time be assigned to the task force and part 49 BILLS 980025-980033, 980036, 980038 of their time assigned to other cases?
I am sorry; under the Block Grant request, we are only asking for one prosecutor, one detective, and one law clerk. The people that I was referring to are people who have already participated with task force activities since July of 1997.
So you are not asking for four prosecutors, two detectives?
No. The request today is for one prosecutor, one detective, and one law clerk.
I think the question is still the same. Will this be the primary or only assignment of the three people, as well as the existing, I think, ten other folks that are in the unit? Is this what they do, or do they do this and other things?
It is the exclusive assignment for everybody who's in the task force. That's all they do. 50 BILLS 980025-980033, 980036, 980038 Now, let me clarify. That includes going into court before a forfeiture judge, it includes maybe prosecuting a defendant who is involved in creating a nuisance. But it is all definitely nuisance related. There is going to be a clear nexus.
How many of the detectives on this task force are bilingual?
Currently, the two detectives that we have assigned to the District Attorney's Office are not bilingual.
The two detectives that you have assigned. So if you go to investigate into a drug area that is perhaps Latino or Cambodian, let's say, or something like that, but let's say Latino, Spanish speaking, and you have a wire tap, and all the conversation is being taken is in Spanish, how do you make heads or tails of it? 51 BILLS 980025-980033, 980036, 980038
And to overcome that problem, we rely on Latino officers who are available from other agencies. And that's the beauty of the task force concept. It is not just the attorneys and detectives in the D.A.'s Office who address the problem.
That's a very haphazard way of doing certain things. Doesn't it make sense that if we have a drug problem in the city, and a lot of that drug problem is done in minority communities, and largely in the East Division, as all the reports we have, wouldn't it make sense for the D.A.'s Office to have some people in its detective aspect that speak Spanish? They don't have to be Puerto Rican or Latino, but at least they should have gone to school and taken Spanish in school, or something like that.
Yes. 52 BILLS 980025-980033, 980036, 980038 I didn't mean to imply we don't have Spanish-speaking officers in the District Attorney's Office. We have it in the division, which is also part of the task force. However, the two detectives referred to as those detectives who are part of the Public Nuisance Task Force for funding purposes are not bilingual.
Do you know what that reminds me of? Usually, a few years back, when the only Latinos that were hired were in the janitorial services, and somebody went into a government office, they would call the person that was doing that work to come in and translate. The key situation is, don't we have at this stage of the game, in 1997, shouldn't we have people in those departments that should be able to address the investigation, since everything that we have heard from the DEA, everywhere else, that the drug problem that we have in the city, 60 percent of the warehousing of those drugs is in the East Division, where it is largely a population of Spanish speaking community? 53 BILLS 980025-980033, 980036, 980038 Doesn't it make sense to have some Spanish-speaking personnel sprinkled throughout the system, and especially the detectives' area?
It does. And we are fortunate to have two Latino-speaking prosecutors. And, as I said, they act as prosecutor liaisons.
And out of the whole total of the D.A.'s Office, how many Latinos are there?
Are there more than ten Latinos in the D.A.'s as assistant district attorneys?
That are Latino or Spanish speaking? 54 BILLS 980025-980033, 980036, 980038
I don't want to guess. I don't have the answer to the question.
I know them. But if I went here and went through the whole list, maybe I could come up with the answer. Off the top of my head --
I would just like to find out whether there is more than 10, 20, 30, out of 200 and how many?
I can provide that answer to you as soon as I leave this meeting.
Out of 200 and what? 55 BILLS 980025-980033, 980036, 980038
Mr. Mosey, the Councilman is just trying to get a finite number. He didn't hear you earlier. How many assistant district attorney's are there?
I believe there are about 265. It is a number over 250 at this point.
And your testimony is that you will get us an analysis before the end of the business day?
Give me until the end of the week. We are working on a budget for next week, as well.
Well, I said until the end of the day because you said that you could get it as soon as you got out of this hearing.
I just want to know how many. Are there more than five, more than 56 BILLS 980025-980033, 980036, 980038 ten? I would be willing to bet that there are less than ten, and probably around five.
Thank you, Mr. Mosey. Can you also add to the list, we would like an organization chart of the Public Nuisance Task Force. And you may as well add in an analysis by gender and race and length of service for all the individuals in the Public Nuisance Task Force. Can you get that for us, also?
Thank you. Mr. Kaplan, Bill 980036, I believe there is an appropriation in this bill for the Mayor's Office of Information Services?
Just a couple of quick questions on our information, technology here in the system. I believe in the testimony it indicates that we are trying to either maintain or upgrade our mainframe system; is that correct?
A concern has been raised with regard to access either to the Internet by various components of the city government, and specifically here in City Hall, as well as, in a more narrow sense, the computer, its capacity or status for the offices of City Council, our ability to access certain information or get bills and resolutions by way of LegiStar. We have, in many of our offices, wires running all over the place. Where they are going, some of us have no idea. Is there an MOIS person here today that can give us an update on where we are with technology?
I believe Brian Anderson, the Chief Information Officer, is here and can address that. 58 BILLS 980025-980033, 980036, 980038
I should note for the record that after two minutes of technology conversation, I will be lost. I am one of the last to get on the Internet. Mr. Anderson, please identify yourself for the record.
Good afternoon. I am Brian Anderson, Chief Information Officer for the City of Philadelphia.
Good afternoon. What's the status of access to the Internet and various other computer programs for citywide use by public employees? And then if you can tell us anything about the integration of LegiStar system and other access that Councilmembers and their staff may have to information throughout the city's computer network.
Well, relative to your question about access to the Internet, we are currently working on Internet policies that we would like to implement before we provide general access throughout the city. We currently have a Security Steering 59 BILLS 980025-980033, 980036, 980038 Committee that has been identified and formed. And we are in the process of beginning to review drafts of that policy. So I hope that within the next month we will finalize that activity and be in a position to roll out access.
You are trying to ensure that our information is, to the extent that, I guess, you can make it secure, or protected, and keep it away from, I guess, people who are generally called hackers -- or they may be known by other names, but we won't get into that -- people who break into systems, you are trying to develop a policy and a system that will protect us?
That's correct. There are two issues, or concerns, we have. The first concern is the one you described, and in terms of other hackers getting into our systems and getting access to information they should not have access to. The other issue that we are looking at is to ensure that there is a policy in place that describes the appropriate use of the Internet for our employees here when the access is provided. 60 BILLS 980025-980033, 980036, 980038
Okay. Thank you. Any other questions for Mr. Anderson? The Chair would like to welcome Councilwoman Clark and note her presence for the record. Mr. Kaplan, do you have anything else you would like to share with us today or any other funds you would like to ask for?
Yes, it is a fair amount. Any members of the committee or of the Council have any questions?
Seeing none, that will end the Public Hearing. (Public Hearing adjourned.) - - - 61 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING of the COMMITTEE ON FINANCE - - - Wednesday, February 1998 8 - - - Public Meeting conducted by the Committee 9 on Finance, held in Room 400, City Hall, Philadelphia, Pennsylvania, on the above date, to 10 consider action on the following: 11 BILLS 980025, 980026, 980027, 980028, 980029, 980030, 980031, 980032, 980033, 980034, 12 980035, 980036, 980037, 980038 13 - - - 14 PRESENT: 15 COUNCILMAN MICHAEL A. NUTTER, Vice Chair 16 COUNCILWOMAN AUGUSTA A. CLARK COUNCILMAN RICHARD T. MARIANO 17 COUNCILWOMAN DONNA REED MILLER COUNCILMAN ANGEL L. ORTIZ 18 COUNCILWOMAN ANNA C. VERNA COUNCILWOMAN MARIAN B. TASCO 19 - - - 20 21 22 23 24 25 62 PUBLIC MEETING
We will now go into a Public Meeting. Mr. Kaplan, you read, for the one bill that has amendments, you read those amendments into the record; is that correct?
Why don't we start with that one, first. Councilwoman Clark.
Mr. Chairman, I move that Bill No. 980035 be reported out of this committee, as amended, with a favorable recommendation, and that the Rules of Council be suspended so as to permit first reading at our next Stated hearing.
Mr. Chairman, I move the acceptance and adoption of the amendments to Bill No. 980035. (Duly seconded.)
All in favor let it be known by saying aye. All opposed? 63 PUBLIC MEETING The ayes have it. Councilwoman Clark, I will accept a motion on Bill 980035 as amended.
I move that we report Bill No. 980035 out of this committee with a favorable recommendation, and that the Rules of Council be suspended so as to permit first reading of that bill as amended. (Duly seconded.)
All in favor let it be known saying aye. All opposed? Ayes have it.
The rest of the bills that we heard today, we will now take action on Bills No. 980025, 980026, 980027, 980028, 980029, the 80030, 980031, 980032, 980033, 980034, 980036, 980038. Councilwoman Clark, I will accept a motion on those bills.
So moved. I move that the Rules of Council be suspended so as to permit first consideration of the following bills, Bills No. 980025, 980026, 980027, 64 PUBLIC MEETING 980028, 980029, 980030, 980031, 980032, 980033, 980034, 980036, and 980038. (Duly seconded.)
All in favor let it be known by saying aye. Any opposed? The ayes have it. Bill No. 980037 is being held. That ends the public meeting. Thank you very much. (Public Meeting adjourned at 2:35 p.m.) - - - 65 C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Wednesday, February 25, 1998, were reported fully and accurately by me, and that this is a correct transcript of same. RE: COMMITTEE ON FINANCE _____________________________________ DEBRA A. WHITEHEAD, RPR