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Minutes

Committee Hearing, February 13, 2001

Philadelphia City Council Committee HearingsFeb 13, 2001

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COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING AND PUBLIC MEETING BEFORE THE COMMITTEE OF THE WHOLE FY 02 - OPERATING BUDGET - - - Room 400, City Hall Philadelphia, PA February 13, 2001 10:30 a.m. - - - Bill No. 010001 - To adopt a Capital Program for the six fiscal years 2002-2007 Bill No. 010002 - To adopt a Fiscal 2002 Capital Budget Bill No. 010005 - Adopting the Operating Budget for Fiscal Year 2002 PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN JAMES F. KENNEY COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILWOMAN MARIAN B. TASCO COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK DICICCO COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN FRANK RIZZO COUNCILMAN BRIAN J. O'NEILL COUNCILMAN W. WILSON GOODE, JR. VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 (215) 561-2220 2 I N D E X WITNESS Joyce Wilkerson, Mayor's Chief of Staff. . 2 Janice Davis, Director of Finance. . . . . 73 Joseph Perrello, Risk Management . . . . . 80 Linda Orfanelli, Deputy Dir. Of Finance 82 Commissioner Nancy Kammerdeiner, Revenue 84 Dominic Cermele, Deputy Finance Director 90 Linda Berkowitz, Financial Oversight . . . 106 Denise Garrett, Chief, Water Revenue . . . 115 Folasade Olanipekun, Treasurer . . . . . . 132 James Roundtree, MBEC. . . . . . . . . . . 153 Louis Applebaum, Procurement Commissioner 230 J. Herkness, Board of Pensions & Retirement 246 M. Bonavitacola " " " " " 255 Vince Jannetti, Sinking Fund Commission 261 Harry Hillock Procurement. . . . . . . . . 347 David Glancy, Board of Revision of Taxes 373 3

Council President

This is the Committee of the Whole. I would ask Mr. McPherson to please read the title of Bill No. 010005.

Mr. Mcpherson

Bill No. 010005, an ordinace adopting the Operating Budget for Fiscal Year 2002.

Council President Verna

Our first Witness is Joyce Wilkerson, Chief of Staff, Mayor's office.

Ms. Wilkerson

Good morning, President Verna and members of City Council. I am Joyce Wilkerson, Chief of Staff to Mayor John F. Street. Thank you for the opportunity to provide testimony regarding the Fiscal Year 2002 Operating Budget for the Office of the Mayor. The total amount requested for the Mayor's office from the General Fund for Fiscal Year 2002 is $4,895,889, an increase of $3,713 from Fiscal Year 2001 estimated obligations. Of this total amount, 4,695,889 is for employee compensation and purchases of services, materials and supplies and equipment. The largest portion of this, the Class 100 budget, includes 3,883,682 for seventy positions and represents an 4 2/13/01 OPERATING BUDGET increase of $3,713 from FY 2001 estimated obligations. All other appropriation classes remain unchanged from the estimated expenditures for FY 2001. The remaining portion of the General Fund totaled 200,000 is for City Scholarships. This amount will continue the existing Mayor's office scholarship program for Philadelphia students who attend classes at area colleges and universities. The grants revenue total request for FY 2002 is 3,492,689, an increase of 865,186 from the FY 2001 estimated obligations. This figure reflects federal and state grants to the Mayor's Commission on Aging. This will enable funding for occupational training for older adults, literacy programs for the community and staff support for the Mayor's Action Center and the Office of Transportation. The Mayor's office has had a very productive year. We established and implemented a new organizational structure and added members to the Mayor's cabinet, including Secretaries of Strategic Planning, Education, External Affairs, Public Safety and Boards and Authorities. The new secretaries have 5 2/13/01 OPERATING BUDGET allowed the Mayor's office to take a more active role in planning and coordination across City departments and entities, as well as to promote relationships in Harrisburg and Washington, DC. You'll be hearing from the Mayor's Office of Community Services, the Office of Housing and Community Development, and Office of Labor Relations on their Fiscal Year 2002 operating budgets later in these hearings. Thank you for your support. I'm happy to answer any questions you may have.

Council President Verna

Thank you. Ms. Wilkerson, you state in your testimony the Mayor's office new organizational structure has enabled the Administration to promote relationships in Harrisburg and Washington. Please explain what the administration is doing in Harrisburg and in Washington.

Ms. Wilkerson

Over the course of the last year, we've had extensive relationships with Harrisburg, as you know. The City undertook vastly expanded responsibilities with respect to the School District. And during the course of the negotiations, there was extensive conversation that was necessary 6 2/13/01 OPERATING BUDGET with the Governor's office and also with the other members of the Pennsylvania delegation. I think trying to support that network of relationships has been a substantial new undertaking and the Office of External Affairs, George Burrell, has had a key role in that day-to-day contact virtually with the Governor's office around school issues, school funding issues, contract issues. George has also played a major role in helping to develop the relationship with Harrisburg around issues involving the gas company, for example. We have spent time trying to appoint the governor's office and other people in Harrisburg, including the PUC, with some of the challenges facing PGW, and also have tried to bring Harrisburg up to speed on the relationship between the City and PGW and why it is that the rate relief presents such a challenge, not just for the company, but for the City as well. There are a number of fronts where the City has had to develop a much closer relationship with Harrisburg. It's through the Office of External Affairs that that relationship has really been maintained. 7 2/13/01 OPERATING BUDGET We also look forward to having a much closer relationship with Washington around a myriad of different issues. That activity will be carried out through the Office of External Affairs.

Council President Verna

Thank you. How has the position of Secretary of Strategic Planning been filled?

Ms. Wilkerson

What the Mayor has done was ask Maxine Griffith, who is the City Planner, to assume both positions. Historically, Philadelphia has had a much larger City Planning Office that, at times, has had the capacity to consider more than simply the fiscal development of the City. The Administration has asked Ms. Griffith to take on planning responsibilities for not just the bricks and mortor growth and management of the City, but also the planning that happens within the departments of the City. She will carry both titles. She will not get any expanded compensation, but will be doing both sets of responsibility.

Council President Verna

Is she or her office working on how we're going to be dealing with neighborhoods? Do they have any plans that 8 2/13/01 OPERATING BUDGET they're looking at?

Ms. Wilkerson

Part of what the Office of City Planning has done historically is attend to planning across the City. So it has always been involved in working with neighborhoods around community planning issues. What we would like to see as an expanded scope of responsibility for the Office of Planning, so last year proposed transferring additional resources to City Planning so they could hire additional neighborhood planners. The City traditionally has done some planning in low income neighborhoods, but has never really tried to tackle planning in more stable areas of the City that didn't qualify for the CDBG funding. Maxine's office is working on strategies to developing a planning process for areas across the City. That's just one component of neighborhood transformation. You know, it also includes revamping how it is that departments across the City do what it is that they do in the --

Council President Verna

At this point in time they do have a plan for the various communities? 9 2/13/01 OPERATING BUDGET

Ms. Wilkerson

No, there is no 3 specific plan for the various communities. Different neighborhoods in Philadelphia have over time undertaken planning. Foundations have funded non-profit corporations in the City to assist with planning. If you go to OHCD or if you go to City Planning, there are neighborhoods that, in fact, have fully evolved plans. Different councilpeople have, you know, taken on planning initiatives. So, if you were go to City Planning, they could pull out a plan for Lancaster Avenue. There's a plan for parts of North Philadelphia. These are plans have that have been done over time. There is no block-by-block planning that is happening now out of the office -- out of the City Planning Office as part of neighborhood transformation. What they're working on is developing a planning strategy for neighborhoods across the City. Where the line is going to be drawn -- if you go to some reference material, they'll tell you there's over 247 neighborhoods in Philadelphia. We can't plan for 247 neighborhoods. The City 10 2/13/01 OPERATING BUDGET Planning people are going to have to approach planning in a different way, are going to have to define areas of the City different from how we've done it traditionally. So the kinds of strategies, kind of planning that City Planning is working on is more of a strategy to -- strategy for how it is that you approach planning, as opposed to a block-by-block kind of planning initiative. There are specific neighborhoods that are planning. It's something that is driven out of the community or by a council member, as opposed to something being driven at this time out of the office of either Neighborhood Transformation or City Planning. You'll hear councilmembers are working on a plan. They're working with City Planning on a plan. That is something that is driven, as I said, by either a community or a counsel member, as opposed to driven by the neighborhood transformation initiative.

Council President Verna

the detail designates $218,419 as "other." Explain what these funds are for. -16.

Ms. Wilkerson

I believe there are a 11 2/13/01 OPERATING BUDGET number of discrete contracts that we're funding. I believe that's what it is for. For example, we're working with the Delaware Valley Community Reinvestment Fund to analyze the CDBG grant, and it funds that kind of activity.

Council President Verna

Thank you. Are there any questions from members of the Committee?

Council President Verna

The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. Last weekend in the Mayor's address at the Chamber of Commerce luncheon, he introduced the establishment of the "New Economy Develop Alliance" which would be responsible for the coordination of all the City's new economic initiatives in the City and region. Will new funds be needed to support this initiative or will funds come from the commerce department or the managing direct's budget? Also, can you please comment a little on the avenue of entry into this focus. It seems 12 2/13/01 OPERATING BUDGET that part of the effort might be to focus on corporations for specializing on the cutting edge of medical research and software and/or hardware technology.

Ms. Wilkerson

The proposal is to create an office. We don't propose having something that simply replicates the structure of PIDC. So, for example, there won't be any back-room operations. There's not going to be an office manager. There's not going be a contract administrator. The proposal is to have all of that done by the structures that already exist within PIDC. There will be some support for staffing. We're looking at taking that out of the economic stimulus grant, but that final decision hasn't been made. We also intend to leverage other resources, you know, and are going to look at some of the traditional, you know, sources of funding that are out there.

Councilwoman Blackwell

Federal funding?

The Witness

Yeah. The State has been a lead player in funding some of the new economy initiatives. So we're going to have conversations 13 2/13/01 OPERATING BUDGET with the State about assisting in funding this as well. I think the genesis of the office is not just in trying to build on some of the research and development that's coming out of the universities, but it's also trying to introduce existing businesses or provide support for existing businesss to enable them to compete more strategically. For example, we have a procurement department that is going to expand its bidding so that folk will be able to compete and bid over the Internet. There are also forms that are available. A lot of the information that procurement department makes available is available over the Internet. The vision is to have an office that also enables existing businesses to utilize the technology that supports the new economy so that they can compete more strategically. It's not just going to support cutting-edge businesses. It's also going to help existing businesses compete more effectively in the new age.

Councilwoman Blackwell

As the Mayor 14 2/13/01 OPERATING BUDGET works with local colleges and universities to retain college graduates to support Philadelphia's emergence into the new economy, have we ever considered or is it possible that our scholarship be expanded to be applied to graduate school costs with the stipulation that students must stay in the area for at least a year, similar to what private corporations do?

The Witness

We have not actually thought about using the Mayor's scholarship fund in that way. I think we understand that we have to do a much better job keeping the new generation in Philadelphia. I think that we can take a look at how to use the money more strategically. At the same time, though, we don't need to become so enthralled with that population that we don't pay sufficient attention of the kids coming out of high schools in Philadelphia that are going into the community colleges, Temple and the area colleges. Another piece of the puzzle we're looking at is how it is that you attract this population of people. Those strategies aren't fully developed yet. 15 2/13/01 OPERATING BUDGET

Councilwoman Blackwell

Certainly we would ask that you keep in touch with the President on this. We're always interested in this. It's been one of the President's issues forever. Certainly asking that that be included in any plans for grants.

Ms. Wilkerson

I will get back to you with information. I know that about eight years ago, the Penn scholarships were a big issue. We've kind of let that drop, really haven't followed up on that. I think that probably is a good area to visit. When we want to do development, frequently the universities will make tuition available. Perhaps we can be more strategic in how it is that we utilize those university commitments to promote the City's economic development strategies.

Councilwoman Blackwell

I sit in on these meetings and kids have to be so outstanding, it's rare you know anybody. They come in from across the world. It's difficult to kind of get a lot of kids from local schools to really get grants. Thank you.

Council President Verna

Thank you. It's apparent we're having some problems with our consul. 16 2/13/01 OPERATING BUDGET I notice Councilman Goode wanted to be recognized.

Councilman Goode

Good morning, Ms. Wilkerson. I have a few organizational questions. I know that about a year ago during this budget time there was an organizational chart about proposed changes and change of administration. I don't know if there was a new organizational chart available yet in terms of what's been finalized.

Ms. Wilkerson

I can make one available. I think that some of the ideas we had then have been -- I will forward something to you.

Councilman Goode

A few questions in that regard. Who does the director of OHCD report to?

Ms. Wilkerson

In the organizational chart, the director of OHCD reports up through the Commerce Department. That is one of those issues that we're revisiting.

Councilman Goode

Up through the Commerce Department. Who does the actual director report to, the actual person?

Ms. Wilkerson

Jim Cuorato.

Councilman Goode

Who does director 17 2/13/01 OPERATING BUDGET of labor transformation initiative report to?

Ms. Wilkerson

Me and the Mayor's office.

Councilman Goode

Who does the Secretary of Strategic Planning report to?

Ms. Wilkerson

She's a cabinet member that reports directly to the Mayor.

Councilman Goode

How do those three offices or functions interface?

Ms. Wilkerson

I think there are a number of strategies we tried to employ in order to have more effective coordination. In a departure from previous administrations, we actually have a cabinet that does meet. It meets weekly. We also have a steering committee for neighborhood transformation that has representation from the Commerce Department, Housing, Redevelopment Authority, Managing Director's Office, as a way of bringing people together on a periodic basis in order to talk through issues. We also have task forces that have been established around discrete areas that involve membership from a number of different places in government so that we can better coordinate the 18 2/13/01 OPERATING BUDGET activities. I think you have identified one of the real challenges in trying to change how it is that we tackle some of these problems. We have a structure within the City that does not support, you know, a lot of the work we want to see happening. We end up forming committees and drawing lines that still have indirect reporting relationships.

Councilman Goode

My concern is that in terms of policy and planning around the issue of community development, who is really in charge? I mean, traditionally people might have looked toward the housing director. People might now look toward labor transformation initiative. People might look toward the Planning Commission, Secretary of Strategic Planning because people looking at what's actually being planned in terms of reuse and redevelopment.

Ms. Wilkerson

I think we're trying to drive a lot of that through the office of the neighborhood transformation by bringing people together so that what's going on in the operating budget begins to reflect what it is that we want to do in neighborhoods so the housing problems reflect 19 2/13/01 OPERATING BUDGET what it is that we're funding out of the capital budget. We're bringing people together under the umbrella of neighborhood transformation. I don't think -- we are not there yet, but it's that structure that cuts across government in an effort to better coordinate those resources and policies.

Councilman Goode

In terms of specific policy and planning questions, who are we directed to? Would it be OHCD, NTI, City Planning?

Ms. Wilkerson

For over-arching kinds of questions, NTI is the structure we have for raising those issues, discussing them.

Councilman Goode

NTI emcompasses OHCD and City Planning efforts toward community development at this point?

Ms. Wilkerson

Yeah. Everybody comes together under NTI.

Councilman Goode

Thank you.

Council President Verna

The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam President. Good morning, Ms. Wilkersonb, how are you? 20 2/13/01 OPERATING BUDGET

Mr. Wilkerson

Fine, thank you.

Councilman Nutter

I don't know whether to ask you a question or --

Ms. Wilkerson

You've been forwarned.

Councilman Nutter

Or ask for your phone number. You look very nice this morning. Won't that start something. Ms. Wilkerson is a proud resident of the 4th District and we've known each other for a long time. As a followup to Councilman Goode's question with regard to OHCD, I want to make sure I heard you correctly. The OHCD director reports now to the commerce director?

Ms. Wilkerson

Part of what we tried to do was create a structure that integrated more closely community and economic develop strategies and proposed having reporting relationships up through the Commerce Department so that people actually came together and discussed these issues. I don't know that it's a structure that's really worked. I think that when we tried to implement it, what we found was that we had a span of responsibility that was extraordinarily broad and are 21 2/13/01 OPERATING BUDGET revisiting how it is that we can more effectively try to make sure we have the kind of coordination of policy. I think the other thing that we found was that we've also got the neighborhood transformation initiative. In a lot of ways, that was a more appropriate vehicle for a lot of the planning that we wanted to see. That, in a lot of ways, has become the vehicle, as opposed to, you know, what it was that was proposed in the organizational structure last year. - - - 22 2/13/01 - FY '02 OPERATING BUDGET (Stenographic recording now assumed by Josephine Cardillo, Registered Professional Reporter.)

Councilman Nutter

In terms of Neighborhood Transformation and NTI (inaudible).

Ms. Wilkerson

We anticipate that the OHCD -- you know, that OHCD, those resources will be linked to the kind of planning that comes out of Neighborhood Transformation, you know. And so, you know, there are going to be changes made to, you know, the CDBG Program so that they really do begin to reflect the fact that we're trying to, you know, to develop strategies that address not only the low-income neighborhoods in the City, but other neighborhoods that we're trying to plan, with not just an eye towards the CDBG or federal funding but that we also integrate that with the other dollars that we propose making available, both, you know, through the blight elimination bonds, but also through the City's investment of other General Fund dollars, you know. And so, you know, there's primary responsibility for the CDBG grant that will remain in OHCD. The plans that are developed, we expect, 23 2/13/01 - FY '02 OPERATING BUDGET will be consistent with the kind of planning that comes out of the transformation process.

Councilman Nutter

One last kind of process question. As a District Councilperson -- and I appreciate you mentioning, for instance, the Lancaster Avenue study that was done not too long ago, there was a West Philadelphia plan from a number of years ago. I mean, how would I work with or through -- for instance, for the moment, we have OHCD, the Office of Neighborhood Transformation, and the City Planning Commission. Who would I go to get certain things done and what would they be doing kind of with and for the District?

Ms. Wilkerson

I don't have a -- that result -- that has not been resolved finally. I mean, I think one of the biggest challenges is trying to put in place in government a process that works so that, you know, the planning will be done by, you know, OHCD, by City Planning people. The challenge is the hand-off, you know, how do you actually get things done, you know how does the funding actually happen, whose office do you call. And we haven't finalized, you know, the 24 2/13/01 - FY '02 OPERATING BUDGET thinking on that.

Councilman Nutter

Is there any particular involvement by the -- I'll kind of pull that back. Do you anticipate any particular and direct involvement, for instance, by the City Planning Commission in the development of -- it may be a little too far gone for, say, Year '27 CDBG plan, but Year '28? Is there any connection between those two entities for the, you know, potential spending of upward of $100 million just again on the federal side?

Ms. Wilkerson

I mean, we're calling people together. I mean, it started on the Capital Budget, you know, bringing people together who are not normally around the table talking through these issues.

Councilman Nutter

Okay.

Ms. Wilkerson

You know, I mean, it's across the board. We --

Councilman Nutter

Tell me a little bit about -- you mentioned in response to a question by Council President Verna that the reinvestment fund was doing a review of the CDBG program. Is that over some time, is this a 25 2/13/01 - FY '02 OPERATING BUDGET longitudinal study, or is this last year's or --

Ms. Wilkerson

I don't have --

Councilman Nutter

I never heard about that.

Ms. Wilkerson

I don't have the scope of work. We will make it available when it's complete. There's a draft that's out there. What we asked them to do is take a look at how it is we spend our CDBG money. Are we getting the kind of impact from investing, you know, tens of millions of dollars annually that we ought to get.

Councilman Nutter

Right.

Ms. Wilkerson

Are there missed opportunities out there. You know, are we focussing, you know, the right programs in the right kind of way. You know, it comes up, for example, with the side lot program. You know, is that the best strategy for acquisition, you know, in some neighborhoods in north central Philadelphia, or is it perhaps a more appropriate strategy for your district, where you have one vacant lot that's sitting between two houses in an otherwise intact neighborhood. 2/13/01 - FY '02 OPERATING BUDGET

Councilman Nutter

Right.

Ms. Wilkerson

You know, we need to be much more -- may need to be much more focussed on the strategies and on the investments we make so that we really do begin to see the kind of impact that everybody wants to see. I mean, everybody says, you know, We do eight units here, we do eight units there. You know, perhaps that's not the best way. We've asked them to help us try to figure out what might be a more strategic way of investing the resources that we do have.

Councilman Nutter

Two last questions. In that review, do you any anticipation -- I know you said you might not know the full scope of the work. Two areas that I've focused on a fair amount over the past few years with regard specifically to CDBG is not only what we're doing but the dollars that we have but a fairly sizeable and slightly growing amount of dollars that we have no access to whatsoever, and that's because of a pretty significant now repayment of HUD 108 loans from previous years, and I think we're up now over $20 million, which kind of literally 27 2/13/01 - FY '02 OPERATING BUDGET comes off the top, as well as some fairly high administrative costs and program delivery costs related to a variety of agency costs associated with program delivery. And I understand that, I mean, somebody has to do certain things. But those two items combined I think are now close to about 50 percent of the total amount of money coming in but really never gets to the street because we then have to take care of fairly extensive back office operations and program delivery as well as now a commitment over time made for HUD 108 loan repayment. Do you anticipate that they would be looking at either of those two areas and maybe just kind of giving us some advice as to how we deal with that situation?

Ms. Wilkerson

I don't know. I'll have to get back to you on that. Those are both areas that we're looking at. I don't know, you know, if the reinvestment fund specifically is looking at those.

Councilman Nutter

Okay.

Ms. Wilkerson

There are a number of strategies we're looking at. Other cities have 28 2/13/01 - FY '02 OPERATING BUDGET apparently had some success in 108 loan forgiveness. So we're exploring all of those alternatives.

Councilman Nutter

Okay. Lastly, Councilwoman Blackwell raised the issue about the scholarship program and laid out a number of detailed ideas. This was on my list. I think that this number, the $200,000, has at least been the same number in all of the time that I've been here, and it's the kind of the ninth or tenth budget. So in addition to not only trying to figure out how to more strategically use the dollars, and I guess there are a number of ways to attack it. One of the things I've within wondered over the past couple years is -- I mean, $200,000 is $200,000, it's a lot of money. On the other hand, the value of $200,000 today is not what it was ten years ago, and I don't know when it started at $200,000. But has there ever been any discussion about just literally increasing the amount of money in addition to any other, you know, great ideas that people may have about what to do with 29 2/13/01 - FY '02 OPERATING BUDGET the money?

Ms. Wilkerson

No. You know, I mean. I think that that --

Councilman Nutter

That's fair.

Ms. Wilkerson

You asked. It didn't come up.

Councilman Nutter

Yeah, it's usually a yes- or no-question.

Ms. Wilkerson

You know, I think that it is something to take a look at. You know, it's one of those things, you know, that's created. You know, I mean, you have it all over government. You know, it's just kind of there.

Councilman Nutter

Right.

Ms. Wilkerson

But, you know, it is something that, you know, perhaps we need to take a critical look at it. You know, when I -- you know, I mean, I sign off on some of this stuff, and it's little scholarships, you know, to help bridge the gap.

Councilman Nutter

Right.

Ms. Wilkerson

And you can just imagine that, you know, that the kid who gets it is having to cobble together 15, 20 other 30 2/13/01 - FY '02 OPERATING BUDGET scholarships in order to get in the school.

Councilman Nutter

Right.

Ms. Wilkerson

And I don't know that there's, you know, that there's -- I don't know when the last time there was some kind of systemic evaluation about what we're getting out of it.

Councilman Nutter

Right.

Ms. Wilkerson

That, you know, is it possible to spend it more appropriately. You know, I just know that, you know -- I mean, we haven't done that.

Councilman Nutter

Right. I mean, I don't even know where the figure even came from. I mean, it may have had some --

Ms. Wilkerson

Ben Franklin might have --

Councilman Nutter

He thought it was a good number and we've just continued.

Ms. Wilkerson

A significant investment.

Councilman Nutter

Right, okay. Thank you, Madam Chair.

Council President Verna

Thank you. The Chair recognizes Councilman Clarke. 31 2/13/01 - FY '02 OPERATING BUDGET

Councilman Clarke

Thank you, Madam Chair. Good morning, Miss Wilkerson.

Ms. Wilkerson

Good morning.

Councilman Clarke

Miss Wilkerson, I want to do elaborate on this question around OHCD versus City Planning, NTI Program, and for a specific District Councilperson, I wanted to ask you some questions first, to just kind of get a sense of whether you agree with me with the process. Recently there was a submission of a preliminary plan for Year '26, '26, '27?

Ms. Wilkerson

'27.

Councilman Clarke

'27. And it was relatively vague in terms of what we plan to do in the next year, and that's not abnormal. There's this round of going around and talking to the District Councilpeople and trying to get a sense of what we'd like to see in our districts in response to the preliminary plan, and then we develop a final plan for submission. I guess my question is, as a District Councilperson who will probably be somewhere in 32 2/13/01 - FY '02 OPERATING BUDGET the loop as it relates to massive demolition, and I understand that there's the potential of some of that demolition starting this particular year. Should I be prepared in the discussion with Mr. Kromer, or whoever it is that comes around and talks about what we like to see, should I be prepared to discuss some potential site assemblage and demolition strategies and apply that to what I'd like to see on the development side of it?

Ms. Wilkerson

Yes. I mean, part of what we want to do is -- I mean, I think that, you know, we've got timing issues that are going on. You know, we've got the whole Neighborhood Transformation plan in process that's going on. You know, it's on a track that's not exactly parallel with the CDBG track. We want to harness all of the resources so that all of the investments we make are consistent with some kind of plan. And I think, you know, part of the conversation has to be how we invest the, you know, money after all the demolition happens. We're going to have to do things differently. You know, every time we take down a 33 2/13/01 - FY '02 OPERATING BUDGET building, we're not going to have to have -- we're not going to have enough money to rebuild the building. You know, there's going -- we eventually are going to have to come together and agree on strategies that guide the investment of dollars that the City has available.

Councilman Clarke

So, I mean, should I be realistically looking at Year '27 or '28? This sense of timing is important because of the nature of some parts of my district. And you know, you and I know, and I think everybody else knows in this room, if you're going to do demolition particularly on a massive scale, the worst thing that can happen is that we demolish a bunch of properties, and at the end of the year, there's debris and we get people complaining about this massive demolition and no clear interim or long-term strategies associated with that land. And I guess I'm trying to get a sense, should I look for this particular year when Mr. Kromer comes around? 'Cause I have a couple of ideas about the locations, or should I realistically look in Year '28?

Ms. Wilkerson

You know, the plan 34 2/13/01 - FY '02 OPERATING BUDGET doesn't reflect it at this point, the planning process is not all in place. But, I mean, this -- you know, hopefully, this will be the year where we begin, you know, reflecting a difference in how it is that we're investing resources. You know, we have don't have a process in place yet for doing that. But you know, you are correct, the demolition, you know, there will be more demolition activity happening this year. We've got an Operating Budget that reflects, you know, more support for neighborhoods, so that as buildings come down, there's more City capacity to maintain some of the land that is being cleared, you know, understanding that, you know, every lot is not going to have a property rebuilt on it. But, you know, this is the year where we need to, you know, begin the conversation about, you know, how do we rebuild. I mean, this is the time.

Councilman Clarke

Okay. Your answer to this next question may be speculative because of the nature of the question. The new administration in Washington, DC, during the course of the campaign, talked about changing this 35 2/13/01 - FY '02 OPERATING BUDGET whole process of allocations of funds, particularly on the block from HUD, and they wanted to focus it directly to the states and have the states determine how it would be allocated across the states and the various counties. Right now, I think we're in a process where our application goes directly to HUD.

Ms. Wilkerson

Mm-hmm.

Councilman Clarke

If the administration keeps the promise, have we thought about a strategy associated with that? I mean, you talked about other interaction with the State and with Washington as it relates to lobbyists and staffing. Are we going to be in a position, or have we thought about that, or will be thinking about how we will be responding to that, if in fact it happens?

Ms. Wilkerson

We have had some conversations with the State. There have been meetings with PHFA. We've had conversations with the Governor's Office about developing a closer relationship with the City so that, you know the State becomes a partner in trying to rebuild our neighborhoods. It was not a conversation; it was 36 2/13/01 - FY '02 OPERATING BUDGET CDBG grant-specific. You know, those conversations haven't happened.

Councilman Clarke

Do you think we're in a position that we'll get a heads-up in the event that Mr. Bush calls his good friend, Mr. Ridge and says he's thinking about implementing that strategy?

Ms. Wilkerson

Or will he be calling Mayor Street too?

Councilman Clarke

That's what I'm trying to say. I mean, I see a little loop developing here, you know.

Ms. Wilkerson

He's one of the guys.

Councilman Clarke

Let's hope he's one of the guys in that loop, right? I'm sorry, I've been told that Councilman Rizzo may get that call first, and that works with me. (Laughter.)

Ms. Wilkerson

He'll be calling up to the fourth floor, fifth floor. You know, we are working on developing the relationship. The Governor has expressed interest in Philadelphia neighborhoods and, you 37 2/13/01 - FY '02 OPERATING BUDGET know, there have been these general conversations -- nothing specific yet, but look forward to having, you know that -- a close relationship. The State has a lot of resources that Philadelphia doesn't access traditionally. You know, everybody knows about the Brown Fields money. We don't get -- you know, we're working to get more of that. We're working to better manage the PHFA process so those resources reflect the City's priorities for spending, not, you know, some developers' political connections. You know, so we've had some of those conversations; we have not talked specifically about the CDBG and what happens if it ends up coming through the State.

Councilman Clarke

Okay. And it would be helpful to me if that discussion was had sooner or later.

Ms. Wilkerson

All right.

Councilman Clarke

Miss Wilkerson, during my tenure as a staff person and then as a Councilperson, one of the things I've really had a concern about was what I view as duplication of services in a lot of our departments and some of the ancillary agencies, these quasi-agencies, 38 2/13/01 - FY '02 OPERATING BUDGET particularly around organizing. As an example right now, I think we may have four or five, maybe even six, entities whose sole responsibility is to organize block captains and community leaders. Is there somebody's that's going to take a hard look at it and possibly decrease that redundancy in that?

Ms. Wilkerson

We're taking a look at what it is that the Mayor's Office of Community Service does. You know, it -- you know, and envision that as being a point of community engagement. You're right, currently the Streets Department does Philadelphia More Beautiful. It historically has maintained the network of block captains. You know, it doesn't have anything, you know, any conversations at all with some of the other areas of the City that are involved with neighborhoods. And so we're looking at trying to better utilize the MOCS office. There are organizers, for example, that have been trained by the Safe and Sound Program looking at perhaps bringing those trained organizers into the City to better -- you know, 39 2/13/01 - FY '02 OPERATING BUDGET and trying to centralize the organizers under one umbrella, you know, and linking them more closely to actual programs that the City's trying to implement so that they're not just kind of stranded out there, you know, doing their own thing.

Councilman Clarke

So would they be -- you said bringing them to the City. Would there be like one department where we bring those people and put them in the MOCS, or do we people from Philadelphia More Beautiful and put them in the MOCS, or do we centralize that?

Ms. Wilkerson

We're starting with MOCS, trying to figure out -- I don't know who all will end up being called back into MOCS. You know, I mean, there are some very specific things that some of the -- you know, for example Recycling has some very specific goals that it's trying to accomplish, and it's not clear that, you know, the folk that it has working with neighborhoods are appropriately located in MOCS. So we're trying to, you know, figure out some of that. What is clear, though, is that over 40 2/13/01 - FY '02 OPERATING BUDGET time, things have become so dispersed that there is no accountability. You know, City funds people through the CDBG grant, for example, has people working in max. You know, in a lot of ways, they are no more than community organizers. And yet what it is that they do is no more linked to anything else going on in the City. You know, they ought to be carrying the same message that is being carried by -- you know, I mean, if it's a priority for the City, it ought to be a priority reflected in their contract, and none of that happens currently.

Councilman Clarke

Right. Whose responsible for doing this?

Ms. Wilkerson

It is the kind of issue that's being tackled, you know, in Neighborhood Transformation. I think we first -- you know, early on, there was some kind of, you know, some kind of neighborhood cleaning that was happening. And, you know, we were trying to, you know, figure out what we had out there. And what became clear is we didn't have any kind of system, and it's one of those things that we understand is critical if Neighborhood Transformation is going to be 41 2/13/01 - FY '02 OPERATING BUDGET successful. And so those folk have been trying to identify the resources and help develop the strategies that will bring, you know, everybody at least onto the same page, if not under the same umbrella.

Councilman Clarke

So at some point, hopefully we can expect a report or a recommendation coming out of the NTI Office.

Ms. Wilkerson

That would look at the whole community engagement issue and how it is that the City organizes itself to better utilize those resources.

Councilman Clarke

Okay, thank you. Thank you, Madam Chair.

Council President Verna

Thank you. Before recognizing Councilman Kenney, I'd just like to ask Miss Wilkerson one question. When will the Administration come forward with its NTI Program that brings together all of the funding sources and detailing how the program will work?

Ms. Wilkerson

I will try to -- I will get you a specific date. You know, there was a death in Pat's family, and she's not been 42 2/13/01 - FY '02 OPERATING BUDGET available. We will have an opportunity to talk -- she's back in the office now -- so that we can better coordinate, you know, exactly what the timetable will be. I don't have that information right now.

Council President Verna

Well, I think many of us or anxious to hear about how the program will work.

Ms. Wilkerson

I understand.

Council President Verna

So I don't know when you're going to be expecting this to pass, but I think we definitely want information beforehand. Councilman Kenney?

Councilman Kenney

Thank you, Madam Chair. Miss Wilkerson, in the issue of the new economy, what role do you believe that the expansion and designation of the KOZs will play in this new-economy initiative?

Ms. Wilkerson

I think that where you have KOZs that abut -- for example, there are KOZ designations near the University Science Center. I met with Jill Felix just yesterday, exploring 43 2/13/01 - FY '02 OPERATING BUDGET with her the role that the KOZ designation would have, and she's excited about the possibility of having something in that area because it enables them to provide low-cost rental space in an area that's adjacent to a rich -- you know, an educationally-rich, university environment. They have -- we have programs there already that fund incubators -- you know, that incubate new initiatives. And so in a situation like that, the KOZ becomes an important strategy in a new-economy initiative. The City has also designated areas adjacent to Temple University as a KOZ. It's something that happened in the last round. The thinking behind that was that it is an opportunity to, you know, by virtue of the proximity perhaps stimulate, you know, opportunities for better leveraging the resources of the University. So I think it really is -- it's specific to the actual sub zone that you're talking about. In other areas, it may not have any impact at all.

Councilman Kenney

What is the deadline for the approval of the KOZs through this 44 2/13/01 - FY '02 OPERATING BUDGET Council and to Harrisburg?

Ms. Wilkerson

The KOZ application is due in Harrisburg on the 28th. It would have to be --

Councilman Kenney

Due in Harrisburg on the 28th of. . .?

Ms. Wilkerson

The 28th of February. It would have to come out of City Council -- I don't have a calendar in front of me, but --

Councilman Kenney

What is the status of the current drawing-of-boundaries discussion with Councilmembers, testimony as to the efficacy of certain KOZs, all of the information necessary for us to do our due diligence, and make an informed vote and approval of this prior to the 28th of February?

Ms. Wilkerson

The lists are being circulated to District Councilmembers. The Commerce Department is visiting with Councilmembers, the District Councilmembers. The list ought to be transmitted today that is property-specific. The legislation that was transmitted last week identified broad zones. It, you know, 45 2/13/01 - FY '02 OPERATING BUDGET didn't have boundaries associated with it, so, you know, it was perhaps largely unhelpful.

Councilman Kenney

Have there been discussions in the broad-based zones? Have there been discussions with the owners of private property as to their desire or opposition to being part of a designated KOZ zone? And who is doing that outreach?

Ms. Wilkerson

I don't know the understand the for every property. The outreach is being handled out of the Commerce Department. Vince Dougherty is the KOZ manager, Jim Cuorato has been involved. There have been, you know, any number of conversations.

Councilman Kenney

How long have we known that we needed to have this application into Harrisburg by the 28th of February? When was that made clear to us that that was the deadline?

Ms. Wilkerson

I think -- well, I know the legislation, I believe, was passed in December. I don't know when the 28th deadline became apparent.

Councilman Kenney

Is there any reason why we're seemingly doing this the last week? 46 2/13/01 - FY '02 OPERATING BUDGET

Ms. Wilkerson

Part of it is the kind of requirements that come out of the KOZ process. What you have to have are contiguous acres. 5 And so what the City does is, you know, it 6 identifies areas where it thinks it may want to 7 have a KOZ. It takes a look at the kind of 8 activity that is already going on in that area, 9 and attempts to select properties that meet the 10 City's criteria, and the Commerce Department 11 people can talk with you about the criteria. 12 There then is this process of 13 developing the fiction, you know, that enables the 14 City to abrogate 15 acres, you know, and what the 15 law allows you to do is use railroad tracks and, you know, all kinds of conduits to, you know, cobble together parcels that are of appropriate size. The City then looks at -- you know, does some analysis of what the tax impact is. So, you know, there are a lot of different steps that have to be taken, you know, before final decisions are made about what ought to be considered and what ought to be included.

Councilman Kenney

What interface or advice or consult -- consultation have we had with 47 2/13/01 - FY '02 OPERATING BUDGET the development community in the City of Philadelphia as to what they believe their needs are? Have we talked with developers from outside of the City of Philadelphia, from New York, from Boston, from cities who have done successful new economy initiatives and development? I mean, I have nothing against the Commerce Department. You know, I think Jim Cuorato's an excellent person, I've worked with him over the years. But in many ways, government kind of thinks in their own way. And these designations, I understand, are going to be in effect for 13 years is that true?

Ms. Wilkerson

For ten or thirteen years, yeah.

Councilman Kenney

So it's a pretty significant commitment that we're making in designating certain areas. And my view -- and my view is limited because of the information that's available to us, and I don't want to beat a dead horse here, but it seems like on every major economic development project, Council is maybe one of the last entities 48 2/13/01 - FY '02 OPERATING BUDGET to be informed, and even more so, District Councilpeople who are having these areas designated in their own district have very little, if any, information today as we sit here with a, you know, a 15-day deadline for us to deal with this. And without input from nationally recognized development, without input from the local development, without input from District Councilpeople or at-large-Councilmembers, aren't we just kind of walking around in the dark here, and are we going to designate things for the next decade that we won't be able to undesignate and we may lose opportunities that we weren't even aware of?

Ms. Wilkerson

I don't know the details of all the contact that that happened. I know that, you know, Jill Felix, for example, runs one of the most successful new-economy incubators -- people come from all over the world to, you know, take a look at what's going on. You know, the Commerce Department people did sit down and had conversations about what it is, you know, that helps these businesses, you know, you know, what 49 2/13/01 - FY '02 OPERATING BUDGET it is that they would like to have included, you know, and you get different feedback from different people. I mean, what she will suggest to you is that we don't need to be spreading it all around. If what we really want to do is create centers of concentration, that we ought to focus our resources, you know, in a very strategic way in a very limited area. You know, and so you have other people that say, No, the real new-economy opportunities are out at the Navy Yard. Depending on who you talk to, you get different answers. And the motivation, you know, frequently is different. I mean, think one of the problems with the KOZ is that it comes down the pike, it comes down with a short turnaround. I think the last time there was a relatively short turnaround. It does not allow a lot of flexibility. You would want to be able to make a property-by-property decision about whether or not you want to, you know, grant all of the benefits that are associated with it. Once you draw the designation, you end up having to use other less 50 2/13/01 - FY '02 OPERATING BUDGET direct devices to try to focus the activity. You know, it is a hard decision to make, whether you do, you know, years work of 5 all of the these tax concessions or not. For 6 example, you have an area like the West Bank, that 7 is perhaps one of the hotter growth areas in the 8 City. You know, do you put a KOZ there? Is it 9 development that was going to happen anyway? You 10 know, once you grant it -- 11

Councilman Kenney

I have a lot of 12 respect for the development community in 13 Philadelphia. However, it is a small group of people with a perhaps individual view of what we should do in the City to develop. I mean, I'm in favor of big box retail, but not only big box retail. I'm in favor of developing football and baseball arenas, but not only that. And if we don't really reach out into the national development community or even, God forbid, the international development community and simply hold this opportunity to ourselves, I mean, I look at Council, for example, and there's a lot of smart people and who have a lot of ideas, but none of us are ever asked until almost the last minute, 51 2/13/01 - FY '02 OPERATING BUDGET and it seems to be more a perfunctory asking than it is a real desire to kind of deal with each other and brainstorm and bring these things forward. So, I mean, that's a criticism of this process that I find making continually as it relates to large development projects in the City. I think we're really kept in the dark, and I think it's really not in the process's best interest. So, I mean, I'm really concerned about what we're going to wind up with and how it's going to affect our development potential over the next decade. So I would appreciate -- I would appreciate having some ability for us to do our jobs in a way that we feel like when we make a decision, we really know what's going on and we're informed and we've been part of the process. I don't think we have been.

Ms. Wilkerson

Mr. Cuorato will be up here and will be able to talk to you more fully about the kind of engagement that's taken place and with whom, you know, he has consulted in the development community. 52 2/13/01 - FY '02 OPERATING BUDGET I don't know that it's appropriate to characterize it as "nobody's been consulted." I think the process with respect to Council, you know, leaves a lot to be desired. I -- you know, I think that it -- you know, as I've tried to explain it, it is difficult because of the kind of scrubbing you have to do of every parcel before it is, you know, that -- it just makes it a hard analysis to do in a very --

Councilman Kenney

Is there some intention to KOZ the entire Navy Yard?

Ms. Wilkerson

That's the proposal that's on the --

Councilman Kenney

The entire center?

Ms. Wilkerson

That's a proposal that's on the table. I think one problem with that is the City historically has -- has -- has not wanted to do residential KOZs. There are proposals out there to do the --

Councilman Kenney

I thought they couldn't do residential KOZs. I thought KOZs for residential development was specifically prohibited in the State statute.

Ms. Wilkerson

No. 53 2/13/01 - FY '02 OPERATING BUDGET

Councilman Kenney

Well --

Ms. Wilkerson

No. 4

Councilman Kenney

I thought it was -- I had read and I will do the research on statements made by members of the legislature and the Governor's Office, but I think they clearly did not intend this to be giving people a waiver of the wage tax in certain areas where residential development occurs.

Ms. Wilkerson

I think that it's a policy determination that the City has made to exclude residence -- that the City does not want residential KOZ. I think the State law specifically provides for residential KOZ. It provides for payment in lieu of taxes as a way of trying to dampen the impact of having residential KOZs. The City, I believe, as a policy matter, the last time around, decided not to have residential KOZs. There was a proposal that was made to create a zoning overlay that would have restricted residential development in any kind of KOZ, but I believe it's explicitly authorized in State law. 54 2/13/01 - FY '02 OPERATING BUDGET And I think that's one of the problems that you have at the Navy Yard. While KOZ may be, you know, something the City wants to do to promote economic development, once you impose a KOZ, you almost have made the decision not to have residential development. Although there are a lot of folk who want to see a more balanced development happen in the Navy Yard. And so, you know, that's the kind of issue that you wrestle with. You know, Mr. Cuorato will be, you know, will be circulating, you know, the proposal. I believe it is not going to be the entire Naval Yard in part because there's interest in having mixed-use development and not having residential KOZs.

Councilman Kenney

Is it still a policy of City not to KOZ a residential development?

Ms. Wilkerson

I -- the City does -- you know, the Administration is not proposing residential KOZs.

Councilman Kenney

Is it the Administration's policy to impose or not to support residential development in a KOZ? 55 2/13/01 - FY '02 OPERATING BUDGET

Ms. Wilkerson

You know, I mean, this is a conversation perhaps for tomorrow. I think that we're looking at strategies, perhaps the zoning overlay strategy, as a way of limiting the development of residential KOZ. I think that -- you know, I think that it may be appropriate in some situations. It needs more consideration than, you know, than this round really affords. But I think, you know, I mean, it's been used other places and it's been used effectively, but I think it's one of those things that has to be carefully considered. You have to know why you're doing it and not back into it haphazardly.

Councilman Kenney

Thank you, Madam Chair. I'd like to come back to some more questions later.

Council President Verna

Of Ms. Wilkerson? I think you're the only one on the board here, so you could certainly continue unless somebody --

Councilman Ortiz

Madam Chair?

Council President Verna

Well, do you have your light on? 56 2/13/01 - FY '02 OPERATING BUDGET

Councilman Ortiz

I thought I did. It went off.

Council President Verna

Councilman Kenney, do you mind yielding?

Councilman Kenney

I don't mind.

Council President Verna

Okay. Councilman Ortiz?

Councilman Ortiz

Thank you, Madam Chair. Good morning, Joyce.

Ms. Wilkerson

Good morning.

Councilman Ortiz

How many employees do we have right now in the City workforce?

Ms. Wilkerson

I don't know the exact number. Maybe 22,000, give or take? About or 17 25,000. 18

Councilman Ortiz

Could -- that's -- 19

Ms. Wilkerson

I can have somebody get 20 you the exact number; I don't know the exact 21 number. 22

Councilman Ortiz

Yeah, I'd like to 23 have something more specific than that. 24

Ms. Wilkerson

Mr. Dubow will come up and give you the specific answer. 57 2/13/01 - FY '02 OPERATING BUDGET

Councilman Ortiz

And do we have a breakdown of employees by each of the ten operational departments in terms of. . . (Witness comes forward.)

Mr. Dubow

There are 25,200 General Fund employees.

Councilman Ortiz

Excuse me?

Mr. Dubow

There are 25,200 General Fund employees.

Councilman Ortiz

25,200?

Councilman Ortiz

Could you -- could you give me a comparison of how we are at this stage from where we were eight years ago?

Mr. Dubow

Yeah, actually, one of the questions that came up last week was what was City employment in '92 and what it is now, and we actually provided a written response today, so you have that. There's a written response that came over to Council this morning that lays that out.

Councilman Ortiz

Explain it to me.

Councilman Ortiz

Explain what was City employment eight years ago and what is City 58 2/13/01 - FY '02 OPERATING BUDGET employment today. I thought City employment meant that you worked for the City on a full-time basis.

Mr. Dubow

In '92, there were 24,051 positions at the end of the year. We've gone up about 1200 since then, and most of the increase has been in police, human services, and in prisons.

Councilman Ortiz

So we have -- but have we maintained the other areas and just gone up in police and human services?

Mr. Dubow

The other areas have gone down about 400 positions -- or actually, no, I'm wrong. There are some areas that have gone down. Like the Streets Department went down because they've implemented more efficient ways of collecting trash, so the number we have collecting trash has gone down, even though on-time collection has gone up. So there are some areas that have gone down.

Councilman Ortiz

For the last nine years, we've heard during these hearings statements about streamlining government, bringing 59 2/13/01 - FY '02 OPERATING BUDGET government down to a sizeable -- a manageable size, and we have during that same period of time lost over 170,000 people from the City, and the level of City employees has remained constant or has grown. And you attribute the growth to police and human services.

Mr. Dubow

And prisons.

Councilman Ortiz

What?

Mr. Dubow

And prisons.

Councilman Ortiz

And prisons. So have we grown more violent during the last nine years?

Mr. Dubow

I think part of what's happened is that -- we actually at the rainy day fund hearing had this discussion. One of the people from the rating agencies described it as we have kind of a more costly population left by people with greater needs, and --

Councilman Ortiz

So that translates that we have a poorer population.

Mr. Dubow

That's -- that's right. That's part of it, yeah. And so there's a greater need for things like social services.

Ms. Wilkerson

I think -- 60 2/13/01 - FY '02 OPERATING BUDGET

Councilman Ortiz

What about other departments that do not deal directly with the poor?

Mr. Dubow

I'm sorry, what?

Councilman Ortiz

What about other departments that don't deal directly with the poor?

Mr. Dubow

Well, let me just look at the -- I think other than those departments that we mentioned, that 1162, we've actually gone down a little. There has been a decrease.

Councilman Ortiz

In which departments have --

Mr. Dubow

The Streets Department. I think Fairmount Park has gone down. I could actually get you a list of how each department compares from '92 till now.

Councilman Ortiz

During that same period of time say, or let's say during the last five years, do we have any data that would give us an accounting of those jobs and those activities that were performed by City employees but now have been out-sourced to private consultants?

Mr. Dubow

Yes. We can get you that. 61 2/13/01 - FY '02 OPERATING BUDGET

Councilman Ortiz

Can you give us that?

Mr. Dubow

Yeah, we can get you that.

Councilman Ortiz

Do you have a list in terms of the City in terms of how much money it is that we're spending on out-sourcing; and, two, how much money we're spending on consultants?

Mr. Dubow

Yes. We can get you that. I should say that out-sourcing slowed down considerably because the labor agreements that we have restrict out-sourcing to functions that won't result in layoffs of City employees. So, I mean, there's been a slowdown in that, but we could get you the list of everything that's down.

Councilman Ortiz

Do you have the amount of money and the number of consultants by departments that we now employ?

Councilman Ortiz

I'd like to see if we could get that.

Mr. Dubow

Certainly.

Councilman Ortiz

And how many -- how many nonunion employees are represented in the 62 2/13/01 - FY '02 OPERATING BUDGET health program that the City runs?

Mr. Dubow

I have to get back to you on that.

Councilman Ortiz

And who runs that -- the health program?

Mr. Dubow

I think it's run through the Personnel Department, but --

Councilman Ortiz

Do you have any idea of what the cost of running that program is?

Mr. Dubow

No. I'd have to get back to you on that too.

Councilman Ortiz

Can we get that information?

Councilman Ortiz

And the number of individuals that are on there?

Councilman Ortiz

Because all of our staff is under that program.

Mr. Dubow

Right. And we'll get you that, too.

Councilman Ortiz

And a detailed accounting of, you know, the costs in terms of administrative -- I'd like to find out how much 63 2/13/01 - FY '02 OPERATING BUDGET administratively it costs the City to run that program.

Mr. Dubow

Yeah, we'll get you that information.

Councilman Ortiz

Vis-a-vis, I'd like to see it in comparison with how much it costs the labor unions to run their programs.

Councilman Ortiz

Okay? Thank you, Madam Chair.

Council President Verna

You're welcome. The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam Chair. Just a few more questions relative to the Mayor's actual staff and office. Compared to eight or ten years ago -- let me go back. What is the number of people that are actually assigned to the Mayor's Office now? And I'm including people working as deputy mayors, special assistants, and anyone who's a deputy managing director assigned to the Mayor's function. And how does that compare to eight years ago or nine years ago. 64 2/13/01 - FY '02 OPERATING BUDGET

Ms. Wilkerson

I don't have -- there's 69 slots in the Mayor's Office now. When you ask, though, what other resources, because we do have lawyers, you know, from the Law Department that serve as part of my staff, for example, I'd have to, you know, go back and do a count that gets the exact number. I think that we -- I know we have more than the previous administration. The previous administration did not have an External Affairs component. I think that has been something that has been missing from the Mayor's Office. With the Charter change, the Mayor has more --

Councilman Kenney

Is there more than one person in that office?

Ms. Wilkerson

No -- yes, there is more than one person.

Councilman Kenney

How many are there?

Ms. Wilkerson

There are -- I think there are three people specifically in that office.

Councilman Kenney

And is that clerical support or is that policy people, or who 65 2/13/01 - FY '02 OPERATING BUDGET are they?

Ms. Wilkerson

Some of it is people that function with policy capacity and also -- you know, and then there's clerical support for the office as well. There is, for example, responsibility -- the Mayor has broader responsibility for education than before, and so there are two people that focus on education -- Debra Kahn and Shane Kramer. So there are reasons why this Mayor's office is larger.

Councilman Kenney

I mean, I don't have an opinion whether bigger's better or smaller's better. I'm just trying to get a grasp and understanding of what the size is and what that size is for. And based, I guess, on Councilmember Goode's question, I don't know whether he asked for an organization the chart.

Ms. Wilkerson

Yeah. We'll --

Councilman Kenney

You'll be doing that? And I need to know, and you don't have to tell me today, what the five new secretarial areas have increased the Mayor's specific budget, both from secretaries and personnel for support staff. Do you know whether today the Secretary 66 2/13/01 - FY '02 OPERATING BUDGET of Boards and Authorities has ensured that offices appoint -- that all of the offices available be appointed by the Mayor have, in fact, been appointed? Do we know what's left that's not appointed?

Ms. Wilkerson

I can get you a report on that. There are over a hundred, I guess, boards and authorities, and there are always, you know, vacancies that come up. I can get you a status report on exactly what --

Councilman Kenney

Do you have any sense as to whether or not this problem is -- the openings -- the availabilities are wide or it's getting narrowed or if almost everybody has been appointed?

Ms. Wilkerson

It's fewer than it was before. Like I said, you know, there are a hundred and, you know, I don't know, you know -- I mean -- some of -- a lot of these entities were defunct essentially. You know, you had -- nobody knew who served. You know, they were just not attended to at all. So I don't know, you know -- I can give you a status report. I can't comment on that. 67 2/13/01 - FY '02 OPERATING BUDGET

Councilman Kenney

Is there any analysis as to whether or not they're in fact needed since they were --

Ms. Wilkerson

Yeah, they're looking at some of that. They're -- you know, I mean, it's how Philadelphia has evolved. There are commissions for everything, there are boards, you know, for everything. You know. . .

Councilman Kenney

And you'll send that to us through the Chair?

Councilman Kenney

And just one final request. Bill No. 505 is currently on the calendar in final-passage mode. It is campaign finance reform.

Ms. Wilkerson

Mm-hmm.

Councilman Kenney

I've sent a letter to the Mayor asking, based on Mr. Burrell's testimony in our previous hearing, that he would be willing to give us some information or some ideas as to how this bill could be made better. Today, I haven't heard anything, and I'd really appreciate some input on the issue. And that goes for any other Councilmembers that have desires to 68 2/13/01 - FY '02 OPERATING BUDGET make suggestions for amendment or change. I'd like to try to get that moving.

Ms. Wilkerson

All right.

Councilman Kenney

Thank you. Thank you, Madam Chair.

Council President Verna

Thank you. The Chair recognizes Councilman Goode.

Councilman Goode

Thank you, Madam President. I want to go back to a earlier question from Councilman Kenney where he talked about the KOZ application and at what point we were going to be briefed on it. I think your response was District Councilmembers have received packages regarding the KOZ application?

Ms. Wilkerson

I know that the Commerce Department is going around talking to District Councilpeople with the, you know, the laundry list of properties under consideration. You're an at-large Councilperson, I understand.

Councilman Goode

Right.

Ms. Wilkerson

And that leaves you out of the loop.

Councilman Goode

And why would that 69 2/13/01 - FY '02 OPERATING BUDGET leave me out of the loop?

Ms. Wilkerson

I don't have a good answer for that. I think that, you know, I will make sure that they (inaudible).

Councilman Goode

My concern is not just being left out as a member of Council, but that these issues, along with TIF issues, generally, from my understanding of how economic development strategies work, you're actually forgiving taxes in particular districts and foregoing revenue that could be used citywide. And so I don't know what District Councilperson wouldn't want to forgive taxes in their district, wouldn't want to forgive taxes for development in their district, wouldn't want to eliminate as much as possible from their district at the expense of the taxpayers citywide. And I think it's the responsibility of that at-large Councilperson to not only look at the economic development strategy, but particularly tax policies associated with economic development strategy, so it seems that you would more likely have at-large people look at it not only in addition to, but even as a matter of 70 2/13/01 - FY '02 OPERATING BUDGET fairness in terms of development, because if you look at where the TIFs have gone, if you look at where the KOZs are probably -- without even looking at it, I know who developed it, so I know where it's going. It's concentrated in one or two Council districts; is that correct?

Ms. Wilkerson

No, I don't think that's correct. It's -- there are proposals for the 5th District, for the 7th District, for the 10th District, for the 2nd District.

Councilman Goode

In terms of the TIF projects --

Ms. Wilkerson

Oh, the TIF projects, I'm sorry.

Councilman Goode

And in terms -- no, and in terms of the square mileage under the KOZs, are the KOZs' sub zones, the packages we'll be discussing tomorrow will probably be concentrated in one or two Council districts?

Ms. Wilkerson

You know, I don't -- I don't -- I can't -- I don't know -- I don't have the answer to that. I think that your point is well taken, you know, that there needs to be consultation with 71 2/13/01 - FY '02 OPERATING BUDGET not just District Councilpeople. I think some of the -- and I think that there is a different perspective. I don't know that I agree that the perspective you -- you know, I don't think Councilpeople are eager to make properties tax-exempt just 'cause they're in their district. I mean, that's not the --

Councilman Goode

Their voting record says so.

Ms. Wilkerson

That's not the quality of the, you know, of the feedback that District Councilmembers provide, but I think that there is value in consulting broadly, and the conversation certainly needs to be broader than it's been thus far.

Councilman Goode

In reality, let me be more specific, then. We have forgiven hundreds of millions of dollars in taxes under Tax Increment Financing, and I think there's still some plans to do so. Most of those dollars that have been forgiven have been concentrated in one or two districts. Under the KOZ, in terms of proposed development zones is being a tax policy set up in 72 2/13/01 - FY '02 OPERATING BUDGET those development zones. I'm suggesting that they are probably concentrated in the same one or two districts, and we are forgiving taxes in concentrated development at the expense of taxpayers citywide. But that's not an issue to be dealt with today; it's an issue to be dealt with it tomorrow, we'll deal with it tomorrow.

Ms. Wilkerson

I mean, you know, I'll make sure they have that, you know, that information for tomorrow. I think that the City has, for example, created tax abatements. Those are citywide in a lot of ways. That's a strategy that has displaced the TIF strategy in a lot of ways. You know, I think it --

Councilman Goode

And I would suggest it's more fair -- cutting taxes across the board for everyone.

Ms. Wilkerson

Mm-hmm.

Councilman Goode

Thank you.

Councilwoman Blackwell

Thank you very much. Are there any more questions for the 73 2/13/01 - FY '02 OPERATING BUDGET Chief of Staff? (No further questions.)

Councilwoman Blackwell

Thank you very much. The Finance Department is next. (Witness comes forward.)

Councilwoman Blackwell

Good morning. Thank you for coming. Would you identify yourself for the record and begin your testimony.

Ms. Davis

On behalf of the employees of the Office of the Director of Finance, I am pleased to provide testimony on the presented proposed Fiscal 2002 Operating Budget. I'm Janice Davis, the Director of Finance. With me are Rob Dubow and other finance representatives who are available to answer any questions. As has been the custom, I will focus on the requested finance budget for Fiscal 2002. I will also provide the status of those initiatives begun by the Finance group over the past year, as well as the initiatives to be undertaken during FY 2002. The Office of the Director of Finance's Fiscal Year 2002 budget proposal for all funds 74 2/13/01 - FY '02 OPERATING BUDGET totals $821,670,483. The General Fund budget request is $629,015,146. The single largest component budget is employee fringe benefits, budgeted at $575,858,658. Of this, $513,337,000 is funded by the General Fund. This represents a $10,059,286, or 2 percent, increase over the current Fiscal Year 2001 projection. Other large elements of the finance budget include legal services and witness fees, contributions to educational organizations, and refunds and indemnities. The Administration is proposing to provide the Community College $21,767,924 in their FY 2002, an increase of $1 million over Fiscal Year 2001. The Office of the Director of Finance is comprised of seven divisions: Executive Direction, Office of Budget and Program Evaluation, Office of Management and Productivity, Minority Business Enterprise Council, Accounting Bureau, the Office of Administrative Review, and Risk Management. 3 million from the current projection for 75 2/13/01 - FY '02 OPERATING BUDGET Fiscal Year 2001. This decrease is the result of the elimination of a one-time appropriation for a loan to PGW of $45 million and reductions in appropriations across the divisions. The budget anticipates 182 full-time General Fund positions. In its ongoing effort to improve vendor payment process, the Accounting Bureau in June 2000 implemented an automated clearinghouse process for paying City vendors. Vendors who opt for the ACH process receive their payments electronically. This process reduces the cost and time required for post-processing handling of vendor payments. During FY 2002, the City will be required to implement the government accounting standards for Statement No. 34. This statement represents the most dramatic change ever to governmental accounting and reporting. To prepare for this change, the Accounting Division formed a (indiscernible) 34 implementation team that has met weekly to identify and develop solutions for many issues presented by this new requirement. Risk Management continues to reduce the number of injured on-duty and Worker's 76 2/13/01 - FY '02 OPERATING BUDGET Compensation claims annually from a total of 5,270 in Fiscal Year '99 to a projected 4,920 in Fiscal Year 2001. The Fiscal Year 2002 estimate is 4,757 total claims. In Fiscal Year 2001, the Risk Management Division instituted measures to improve the quality of medical services and of disability cases by hiring its own medical director to monitor the City's contractor. In addition, two division employees now offer patient advocacy based on employee feedback. During Fiscal Year 2002, Risk Management will use this assessment information to strengthen contractual requirements on performance. During Fiscal Year 2001, the Office of Administrative Review continues collaborative efforts done last year with the First Judicial District to increase traffic fine collections. In addition to assuming responsibility for the traffic courts fiscal unit, in Fiscal Year 2001, OAR will take over all financial functions related to fine collection. By consolidating collection responsibility, the collection rate is expected to increase from 17 percent to percent. 25 The Minority Business Enterprise 77 2/13/01 - FY '02 OPERATING BUDGET Council will present testimony in conjunction with the Procurement Department.

Ms. Davis

Other departments, boards, and commissions under the direction of the Office of the Director of Finance -- Revenue, City Treasurer, Sinking Fund Commission, Board of Revision of Taxes, and the Board of Pensions and Retirements -- will provide separate testimony on their budget and initiatives. I am happy to answer any questions you may have at this time. Thank you .

Council President Verna

Thank you very much. Miss Davis, what are the requirements of the Government Accounting Standards Board, and how will they impact the City?

Ms. Davis

I don't know if I have -- I'll give it a go. One of the major changes is that the full reporting entity reports on a full -- instead of modified accrual, on a full accrual basis. It will be reported much as your enterprise funds, or water and sewer, with expenses instead of expenditures. Depreciation will also be captured on General Fund, which is something that's not 78 2/13/01 - FY '02 OPERATING BUDGET currently done. Your account groups seem to exist on a citywide basis, and there are other very technical changes in the accounting. The City will be impacted in that you have to provide some assessment of your fixed assets, and because of the depreciation requirement, keep track of how your fiscal plant actually is being taken care of. There are two ways you can deal with it. And I'm not up on that quite enough, and maybe there's somebody from Accounting who can give you that information a little better than I can. But it forces the City to sort of look at itself as a business enterprise for the general presentation, and the individual funds are still reported on the basis that they've been reported presently. So the (indiscernible) will be a little different.

Council President Verna

I'm sorry. What was your last statement?

Ms. Davis

The annual report will be a little different in its presentation.

Council President Verna

Why are you 79 2/13/01 - FY '02 OPERATING BUDGET reducing your General Fund positions from 190 positions in the FY '01 Adopted Budget to 182 for FY '02? What are the positions and how will you be able to eliminate them?

Ms. Davis

Okay, we've taken the 1.5 percent cut in Class 100 that everyone else did, and some of them were vacant positions that we're choosing not to fill. Two positions we have just chosen not to fill them, we'll sort of circle the wagons and do without it. We don't expect any degradation in service by cutting out those positions.

Council President Verna

There are only two vacant positions, you said, that you're not filling?

Ms. Davis

Well, there are two in particular that we're just not filling. The others -- we took roughly one position from each division and we took five from Accounting, and we're just not going to fill them. And those were vacant positions. We're not firing anybody. Or laying anybody off.

Council President Verna

I'm sorry, I'm not following you at all. There is a 80 2/13/01 - FY '02 OPERATING BUDGET difference of eight positions.

Ms. Davis

And we took --

Council President Verna

Are they all vacant?

Ms. Davis

They are all vacant positions.

Council President Verna

So you are not filling any of the eight positions.

Council President Verna

Thank you. Please explain what Laughton & Associates do. And why are they designated as PGW's consultants. Why is the General Fund, and not PGW, paying for their services?

Ms. Davis

Excuse me, which --

Council President Verna

I believe that's on -17. It's the Risk Management/PGW consultant.

Ms. Davis

Joe Perrello from Risk Management. (Witness comes forward.)

Council President Verna

Good morning.

Mr. Perrello

Good morning, Council President Verna. My name is my name is Joseph L. 81 2/13/01 - FY '02 OPERATING BUDGET Perrello from the Finance Department. The reason why Risk Management Division used Laughton & Associates to provide support for the PGW operations was that PGW operations was without their own risk management support team, and they were in the process of going through some serious insurance renewals, and so the City volunteered to assist them in putting together their renewals for the present and the next fiscal years.

Council President Verna

But I think the question is, why isn't PGW paying for that? (Councilmembers respond off-mic.)

Council President Verna

Huh? Let's not go there.

Ms. Davis

PGW was not in a position at that point to pay for it, and our department was asked to pick it up.

Council President Verna

Miss Davis, can you tell us, why is the City contracting with PAID for lobbying services in the amount of $78,000? That's also on -17.

Ms. Davis

That was originally the (indiscernible) contract, and they were doing a 82 2/13/01 - FY '02 OPERATING BUDGET lot of the lobbying for the City, and it was just being handled through PAID. And that's why we were contracting -- making the payment to PAID and PAID was then paying the lobbyist who was providing services to the City.

Council President Verna

Also on that same page, can you tell us why the City is contracting with the RDA? What services are they providing for the $150,000? And tell us how long has the City been contracting with the RDA for these services. (Witness comes forward.)

Ms. Orfanelli

I'm Linda Orfanelli, Deputy Director of Finance. The City has a long-term agreement which was established during former Mayor Goode's tenure, where we had -- which -- this agreement is in effect until 2010. We pay back administrative costs to the RDA for certain programs relating to homeless.

Council President Verna

Thank you.

Councilman Ortiz

Excuse me, I didn't hear.

Ms. Orfanelli

To the homeless program 83 2/13/01 - FY '02 OPERATING BUDGET that they run.

Council President Verna

Miss Davis, what happened in FY '01 to cause the indemnity accounts to increase by $15.1 million over its FY 2000 level? Why will the FY '02 requirement be $10.9 million less than the FY '01 requirements? That is on -75.

Ms. Davis

The increase in 2001 was in anticipation of the Osage Avenue expenditures and the decrease in the following year is because we will be (indiscernible) with those.

Council President Verna

I'm sorry, I think we're having trouble hearing you.

Ms. Davis

The increase was -- the increase in 2001 was because of the Osage Avenue properties, the acquisition of those properties, and the work surrounding those. And it's anticipated that we will be done with that in FY 2002.

Council President Verna

How many properties are involved?

Ms. Davis

A total of 61.

Council President Verna

Our calculation is that it would be about $245,000 a 84 2/13/01 - FY '02 OPERATING BUDGET property, if there are 62 properties. Is that correct?

Ms. Davis

I'm also informed that there was some environmental remediation cases that we were paying off.

Council President Verna

I beg your pardon?

Ms. Davis

I'm also informed that there were some environmental remediation cases that we were paying off.

Council President Verna

Could we have a breakdown, please?

Mr. Dubow

Yes. We'll give you a breakdown in writing.

Council President Verna

Miss Davis, what does the Administration project the total amount of refunds to be for the personal property tax? Where are these refunds budgeted? Did there not -- how are they paid, and why do they not go through appropriations? Do we have a City Solicitor's opinion on this? (Witness comes forward.) COMMISSIONER KAMMERDEINER: Good morning. I'm Nancy Kammerdeiner, Revenue 85 2/13/01 - FY '02 OPERATING BUDGET Commissioner. We have approximately $35 million in refund petitions for the personal property tax that are pending. Those cover all years that were applied for, and we have not yet broken that down year-by-year to determine exactly how much we will need to refund after we finish the process of collecting on the 1996 tax. That's our next step. We have not yet completed all of the work on identifying the precise amount of the refunds. But (inaudible) is about 35 million.

Council President Verna

But why wouldn't it be budgeted? And if it is, where is it in the budget? Is it in the Five-Year Plan?

Ms. Davis

Tax refunds are paid out of the Revenue account. Only the fees paid are budgeted, so it will go out of the Revenue account, is what I'm being told.

Council President Verna

I think they're for current years. We're talking about '94, '95, and '96. COMMISSIONER KAMMERDEINER: The normal process for paying a refund is to pay it from the incoming revenues of the same type. We are in the 86 2/13/01 - FY '02 OPERATING BUDGET process right now of collecting 1996 personal property tax. And then the next phase will be the work with the refunds, and that is why I'm saying that we're segmenting this, and we will be looking at addressing exact amounts on refunds following the collection of the 1996 tax. And those refunds will come from the tax collected.

Council President Verna

How about if the taxes aren't enough?

Ms. Davis

At that point, we will have to come back to City Council to do a transfer ordinance.

Council President Verna

Okay. To the extent that the City moves forward with the blight program, will the Department of L&I be contracting for demolition work?

Mr. Dubow

The way it's envisioned is that the Redevelopment Authority would actually do the contracting.

Council President Verna

Through the RDA?

Mr. Dubow

Yes. There would be a three-way agreement which would allow Licenses and Inspections to actually do the condemnation, and 87 2/13/01 - FY '02 OPERATING BUDGET RDA would do the condemnation -- I mean, the RDA would do the contracting with the --

Councilwoman Verna

RDA for demolition?

Mr. Dubow

Yes. (Councilmember asks Mr. Dubow question off-mic.)

Mr. Dubow

No, RDA doesn't have the power of condemnation; only L&I does. I think -- let me just -- I think the question you're getting at is --

Council President Verna

Doesn't that take City Council out of the picture totally?

Mr. Dubow

We've had discussions with Council technical staff, and we understand that you'd rather have us set it up so that L&I does the contracting, and so we will do it that way. It's not reflected that way in the budget, so we'll have to have a change to the budget.

Council President Verna

In the Five-Year Plan.

Mr. Dubow

Yes, that's right.

Council President Verna

I don't think there's any Councilmember here, to the best of my 88 2/13/01 - FY '02 OPERATING BUDGET knowledge, that would like it to go through the RDA.

Mr. Dubow

Fine, we will change it.

Council President Verna

Miss Davis, on , Budget in Brief, please explain the Water Residual Fund.

Ms. Davis

We have to get that information for you. At a later time, we'll get it to your office.

Council President Verna

Thank you. I just have one last question. The Five-Year Plan on states that the Department of Licenses and Inspections will also continue to use its expanded ability to issue tickets and fines for code violations as part of the NTI, with a 100 increase in tickets issued estimated for FY '02. Would you please show us where these additional revenues are in the Budget in Brief, as I don't seem to be able to find them.

Ms. Davis

Those are not included.

Council President Verna

I beg your pardon?

Ms. Davis

This revenue is not 89 2/13/01 - FY '02 OPERATING BUDGET included in the Budget in Brief.

Council President Verna

Well, shouldn't it be?

Ms. Davis

We're taking a conservative approach until we actually see that there is this increase.

Council President Verna

I don't know what that means at all. Councilwoman Blackwell?

Councilwoman Blackwell

Thank you. I likewise have a question with regard to tickets. And I wanted to know how the department will move to increase the fine collections. And in the past, when there have been changes, there's been an amnesty for people with outstanding tickets, and we wanted to know how that will work.

Ms. Davis

Are you referring to the L&I?

Councilwoman Blackwell

No, we're talking about the traffic fine collections. (Witness comes forward.)

Council President Verna

We have a very special person here. Okay, you thought you 90 2/13/01 - FY '02 OPERATING BUDGET were going to get away easy, huh?

Mr. Cermele

Yes. Good morning, Madam Chair. I'm Dominic Cermele, Deputy Finance Director for the Division of the Office of Administrative Review. I am not and have never been an advocate of amnesties related to any fines, for the simple reason that they don't work. You will -- I don't know how it worked in your family, but in my family, when my children would have overdue books at the Free Library, they always waited until there was an amnesty before they returned those books. And then after the amnesty was over, they would continue the same type of behavior. And the same is true with traffic fines. Amnesty just does not work; it just causes people to delay and wait for the next amnesty. Coupled with that, you have the problem of individuals who miss the amnesty period, having paid just before the amnesty starts, and they tend to sue you because they were not treated equally under the law. So I anticipate that there will be no 25 amnesty period. 91 2/13/01 - FY '02 OPERATING BUDGET

Councilwoman Blackwell

When will this start, and what will these fines be? Or how much will they increase?

Mr. Cermele

We anticipate increasing fines on a percentage basis. That is, we will do that incrementally by changing the type of notifications that go out to individuals by more vigorously enforcing -- or getting the Traffic Court to enforce more vigorously booting and towing related to Act 2360, the law that allows for the impoundment of vehicles that are unregistered or driven by individuals who are uninsured. We have regular meetings now with the Traffic Court. There is a good spirit there for increased enforcement. They are looking at other methodologies for collecting fines, including putting people out on the street. They've, for many years, have had enforcement agents. They've decided now they'll actually use those enforcement agents out on the street.

Councilwoman Blackwell

How much in terms of money are we talking about? How much will the -- for example, what will a parking 92 2/13/01 - FY '02 OPERATING BUDGET ticket increase by? How much is it now and what will it be?

Mr. Cermele

I'm sorry. We -- if you're asking the amount of revenue coming in, or are you asking --

Councilwoman Blackwell

Both.

Mr. Cermele

Do we anticipate increasing the cost of fines by Council action?

Councilwoman Blackwell

I'm asking the revenue coming in and what the average ticket will be increased by, the violation.

Mr. Cermele

There are no current plans to increase individual violations.

Councilwoman Blackwell

Okay. You've talking at stepped-up enforcement.

Mr. Cermele

Stepped-up enforcement.

Councilwoman Blackwell

Okay.

Mr. Cermele

But that does not mean to say that in the area of parking tickets, we are reviewing, as we do every year, the relationship between our ticket prices and ticket prices for fines by other similar municipalities around the country. So we will review that again this year. And if it is appears that there are -- 93 2/13/01 - FY '02 OPERATING BUDGET that we are below the average for other large cities, we'll look at that. And we'll weigh that against whether the cost of -- for instance, there's an immediate problem that we're looking at now. If you park on the street and get a ticket for overtime parking, the cost is $15, which is actually cheaper than putting your car in a garage. That means for some people, it's to their advantage to get a ticket rather than put it in a garage. That's not good thing parking management. So that's something we may look at. And if we determine that that is a vital option, then we'll come before Council to look to change those, but there is no budgetary impact right now.

Councilwoman Blackwell

It seems to me -- I hear what you're saying -- that when we decide that we want to expand our Center City businesses, et cetera, everybody complains about -- and I'm not advocating that the City lose revenue, but it seems to me we've got to think about how we -- where we charge and how much, because people complain all the time about Center City parking, and we don't have movies and that sort of thing now. You know, you've got to go far 94 2/13/01 - FY '02 OPERATING BUDGET for some services, or if you go to a restaurant. We get a lot of complaints. In past years, of course, we've gotten complaints about businesses that would stop to unload and get ticketed when they went in. So I haven't heard those kind of complaints as of late. But all of us hear complaints about the amount of parking fines. I don't know what they charge in other cities, but it seems to me that our fees are high here. At least that's what we hear. People complain all the time about coming in town and the fees they have to pay to park.

Mr. Cermele

I have some preliminary information on what fines are in other municipalities of similar size, and I'd be happy to send that to you.

Councilwoman Blackwell

Thank you. If you will submit that to the President, she'll make sure we get it.

Council President Verna

Councilman, do you mind if I ask Mr. Cermele one question?

Councilman Kenney

(Inaudible, off-mic.) 95 2/13/01 - FY '02 OPERATING BUDGET

Council President Verna

Have you been getting any complaints from restaurateurs in Center City or from any of their customers? People pay $14 for valet parking, only to find that their car is parked on the street directly across the street from the restaurant that they're going to. I mean, why would anybody pay $14 to park on the street?

Mr. Cermele

Yes. We don't get a lot of complaints in that area. What we do get --

Council President Verna

That is a disgrace.

Mr. Cermele

-- a few complaints on are companies that do that and then get a ticket for the individual, remove the ticket from the individual's car so that the individual doesn't know that he wasted $14 and now he's gotten a fine. And then the first notification that the individual gets is when my office sends notification that he owes the fine and a $23 late penalty. Obviously, that raises much angst among those individuals and, of course, they take it out on me or my hearing examiners. When we do come across those things, we 96 2/13/01 - FY '02 OPERATING BUDGET report that information to the Department of Licenses and Inspections, who regulates the valet parking individuals.

Council President Verna

I'll tell you, I think a lot of our business people in Center City are really being hurt as a result of that. Personally, I think it's a disgrace, I really do.

Mr. Cermele

Well, I think the rate compared to other cities --

Council President Verna

I'm not talking about the rate. I think it's unconscionable that somebody pays $14 for valet parking, only to walk out of the restaurant and find that your car is parked directly across the street.

Mr. Cermele

That is contrary to the ordinance that Council has passed. The individuals who --

Councilwoman Verna

It's happening, it's happening much too frequently, and I think somebody ought to be looking into that.

Mr. Cermele

We shall.

Council President Verna

Thank you. 97 2/13/01 - FY '02 OPERATING BUDGET The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam Chair. On that note, you know, we did pass a bill a number of years ago outlining the responsibilities of valet parking operations, and one of those responsibilities is to have the secure, off-street parking facility to take the cars to. Part of the problem, I think, has been because of the popularity of a lot of these restaurants and because of the high profile of perhaps some of these restaurateurs in Center City, L&I has been somewhat reluctant, perhaps the Parking Authority has been somewhat reluctant to kind of clamp down on that practice. I'm wondering whether or not L&I probably doesn't have the personnel to deal with this issue and whether or not it should be something that's in the hands of either the Parking Authority or your office.

Mr. Cermele

Actually, the Parking Authority does enforce it on behalf L&I. That is, if a vehicle is left in the loading zone that the 98 2/13/01 - FY '02 OPERATING BUDGET valet company's using for the staging of those vehicles, if it remains in the zone too long, then they issue a ticket to the valet company, not to the individual.

Councilman Kenney

Now, there was a myriad of requirements. I mean, there was licensing checks for drivers, there was insurance checks -- I'm sorry, licensing checks for drivers, the elimination of the ability to take over parking meters. I mean, restaurants generally are doing this kind of willy-nilly, just shutting down parking meters, putting up A-frame signs in the middle of the street and doing this valet parking operation. So I'm wondering whether or not maybe a request from the Council President or from Councilmembers to the Parking Authority to look at this a little more closely, but I know that that kind of enforcement will immediately bring a cry from restaurant owners who feel that they're being imposed upon because of this enforcement.

Mr. Cermele

Well, the Parking Authority does have a new Executive Director now, Reverend Bill Moore, and last night was his 99 2/13/01 - FY '02 OPERATING BUDGET official swearing-in. I find him to be an individual who is very sensitive to the needs of the community, particularly the business community, and I think that is something that you ought to communicate with him, something he would look at very seriously.

Councilman Kenney

Judge, in your conversations with the Traffic Court and with the Police Department and with other organizations that -- or entities that you deal with in trying to do your job, has there been any discussion at all as to the extension of the live-stop car confiscation program citywide so that the ultimate vision of anyone driving in the City of Philadelphia unlicensed in a car where the tags do not match the registration or the car is not registered, that anywhere you're stopped, that car will be impounded in order to send a message to the 50,000 or so scoff laws who basically laugh at everybody else who pays their insurance rates, that they're just not going to abide by the law. I mean, we've been a frustrated because it's been a pilot program in, I guess, South Philadelphia and in eastern Center City for a 100 2/13/01 - FY '02 OPERATING BUDGET number of years now, and I think people around the City would look for this relief.

Mr. Cermele

It is a subject that Judge Perri and I will be addressing tomorrow morning at a.m., in fact. 7

Councilman Kenney

Would you be 8 interested in having some discussion with members 9 of Council, either the Public Safety Committee or 10 Streets and Services to try to figure out where we go from here?

Mr. Cermele

Yes, we would be very interested in that, and I will discuss that with Judge Perri tomorrow because he would be equally interest.

Councilman Kenney

Thank you very much. Miss Davis, the Five-Year Plan shows that the Administration is slowing down the reduction of wage and business privilege tax. Reductions projected over the next five years are less than half the reductions of the past five years. Could you explain the policy behind that decision and how you think it's going to 101 2/13/01 - FY '02 OPERATING BUDGET affect our ability to retain both jobs and residents?

Mr. Dubow

Actually, we just carried forward the reductions that were included in the plans over the last couple of years. We didn't change --

Councilman Kenney

It looks substantially --

Mr. Dubow

We didn't change any of the out-year numbers from last year's plan.

Councilman Kenney

Well, on , for the Five-Year Plan.

Mr. Dubow

Actually, if you looked at last year's plan and the year from the year before, this is how it's been laid out.

Councilman Kenney

But it is slowing down.

Mr. Dubow

I guess we really didn't even touch it so there wasn't a conscious decision to slow down the rates in this plan, if that's what you're looking --

Councilman Kenney

If you look at the proposed annual tax savings to the average resident in Philadelphia paying the wage tax, I 102 2/13/01 - FY '02 OPERATING BUDGET think it's been reported that it's about ten bucks a year you'd be saving in that particular wage reduction effort. Considering the loss of close to 200,000 residents over that period of time we've been reducing the wage tax, does it make any sense to reevaluate this policy and to perhaps accelerate instead of allow this to continue to slow?

Mr. Dubow

We've actually started a process of looking at our tax rate structure to see whether there's a better approach. So yes, yes, it does.

Councilman Kenney

And that would be projected to be implemented in next year's budget process?

Mr. Dubow

That would be our hope, yes.

Councilman Kenney

Okay. In Miss Davis's testimony, third paragraph, it says, "Other large elements of the finance budget include legal services and witness fees." Could you explain what the legal services are?

Mr. Dubow

Legal services are the 103 2/13/01 - FY '02 OPERATING BUDGET payments to the Defender Association, Community Services and Support Center for Child Advocates.

Councilman Kenney

Does any member of the Finance Department or Budget Department monitor the expenditures of the Defender Association as it relates to providing legal counsel to indigent defendants?

Mr. Dubow

We get monthly budget reporting from the Defender Association.

Councilman Kenney

One of the reports that I've received from both bail commissioners and from Municipal Court judges is that individuals many times arrested in drug cases will pay cash for their bail. More than a 1,000, 2,000, $3,000 cash bail, and then they show up in front of a Municipal Court judge for preliminary hearing with a public defender. It seems that if you have the or grand to get out of the jail, you might have the 2 or 3 grand to hire a lawyer. And what I'm wondering is, because drug cases and people involved in that activity do make a lot of money before they're arrested from time to time, are we stretching our defender system to 104 2/13/01 - FY '02 OPERATING BUDGET the point where people who could actually afford to pay for their own lawyer, because they don't have a job of record, because they can't show their income because the income gained from illicit means, that we are, in fact, defending people on the public taxpayer back who can afford to buy own lawyer? And what's the process that the Defender Association goes through to determine whether or not the fact that this defendant is in fact indigent? And would you believe, just from an anecdotal that a guy could put up 2,000, $3,000 to get out, why couldn't he use that 2 or 3,000 to hire his own lawyer?

Mr. Dubow

I think the assignments are actually done through the court system I'm not sure the entire process they go through.

Councilman Kenney

Well, I'm going to raise this issue with the Defender, but I would appreciate, since it's our money --

Mr. Dubow

Right, it's probably worth raising with the First Judicial District too, since I think they do the screening.

Councilman Kenney

Well, I don't know 105 2/13/01 - FY '02 OPERATING BUDGET if there's any screening. That's part of the problem.

Mr. Dubow

Well, yeah. That's. . .

Councilman Kenney

But if you could have somebody take a look at, you know, who's responsible for the expenditure of this money and where it goes and what process there is or isn't, it would be helpful from our end. I mean --

Mr. Dubow

And we actually looked at this. A couple years ago, we had an outside accounting firm look at the Defender's costs, and one of the things they looked at was that process. And I'm just not remembering what exactly they found, but we can get you information on that.

Councilman Kenney

I would appreciate a report back. Thank you.

Councilman Kenney

The Office of Management and Productivity in the last year, could you explain some of the efforts they made in increasing the City's government efficiency and productivity, and what were some of the benefits and some of the accomplishments? 106 2/13/01 - FY '02 OPERATING BUDGET (Witness comes forward.)

Ms. Berkowitz

Good morning.

Councilman Kenney

Good morning.

Ms. Berkowitz

I'm Linda Berkowitz, Deputy Secretary of Financial Oversight and Head of the City's Office of Management and Productivity. Subsequent to our move out of the Mayor's Office to the Office of the Director of Finance, my office has been working with Office of Budget and Program Evaluation to come up with a list of initiatives for implementation in FY 2002, to find other ways for the City to reduce this cost and to increase its revenues.

Councilman Kenney

Has there been any significant effort or something you can point to across the last year from January --

Ms. Berkowitz

No. 20

Councilman Kenney

-- of 2000 through --

Ms. Berkowitz

No. And I think that's primarily due to the fact that it's a brand-new administration and --

Councilman Kenney

Well, it's not 107 2/13/01 - FY '02 OPERATING BUDGET brand.

Ms. Berkowitz

Well, it was --

Councilman Kenney

The "brand-new" label has to go away.

Ms. Berkowitz

Well, it was a new administration. You said "during last year." It was a new administration and --

Councilman Kenney

It's like the new economy; it's not that new anymore.

Ms. Berkowitz

I understand, Councilman Kenney.

Councilman Kenney

It may be eight or ten years old, the new economy.

Mr. Berkowitz

I understand. And the Administration was organizing itself administratively, organizationally. And we think that we are going to be positioned for FY '02 to once again focus on the kind of management and productivity initiatives that we did beginning eight years ago.

Councilman Kenney

Okay. Two weeks ago, the Budget Director testified that he supported the idea of creating a rainy day fund to store up savings in case the economy sours, and 108 2/13/01 - FY '02 OPERATING BUDGET we're currently working on legislation to at least take a stab at doing this. Does the Finance Director support this idea? And what terms for forced savings and removal of funds will be acceptable to the Administration? How would you guys -- if theoretically we pass something in this year requiring to percent of our budget hypothetically to be put aside, how would we begin to attack that issue, and have you guys been thinking about it?

Ms. Davis

I support anything that would allow us to put money on the side for a rainy day. It's fiscally responsible. And while I feel that we do it through our target budget process, if a more formal program were established, I think we'd approach it in much the same way we approach the target budget. We'd have to identify cuts within the budget of the 3, 5, or whatever percent and put those in a category, either appropriate those to this new category or in some way segregate it from the rest of the budget. Another option that Rob is mentioning 109 2/13/01 - FY '02 OPERATING BUDGET is that if there were a surplus, we could possibly segregate it from the surplus before we even begin the budgeting.

Councilman Kenney

But you do support the concept of putting it into a fund that is, for want of a better description, "out of the hands of us"?

Ms. Davis

The concept of a rainy day fund is a viable (inaudible).

Councilman Kenney

And I just want to finally just explore an area that's been, I understand, an issue of expense or potential expense but that has been a real problem for many of us in this Council and many City employees as it relates to the City's continual opposition to the 60 or so Workman's Compensation applications of our firefighters for hepatitis C and its related cause that many of us believe is job-related. I mean, part of the issue here is that the cohort of people involved in this is not an expanding group of people. It's most probably a group of people who entered a contact with the disease during the course of the period of time 110 2/13/01 - FY '02 OPERATING BUDGET before we knew about blood borne diseases and appropriate prophylactic measures to keep that from happening. Despite the money, which we've talked about $10 million, isn't there some moral obligation to do what's necessary to allow these people to, number one, try to recover, take the stress and strain of worrying about losing their job and not having enough money to pay for their medicine? Isn't this really likened to having soldiers who went to war and now we have responsibility to deal with it? I mean, don't we have a moral responsibility at some point?

Mr. Perrello

Joe Perrello again, Deputy Finance Director for Risk Management. Thus far, as you did state, Councilman --

Council President Verna

I'm sorry, I'm sorry. The stenographer cannot hear you.

Mr. Perrello

Thus far, we have received 62 notices of hepatitis C that were given to Commissioner Hairston. Commissioner Hairston has forwarded those 62 notices to both the Risk Management Division and also the TPA, the third- 111 2/13/01 - FY '02 OPERATING BUDGET party administrator that the City uses to handle its Worker's Compensation claims. We have been in contact with those 62 individuals. We have sent them at least two letters asking them for their medical release form so that we could evaluate those cases. To date, we have received medical release forms on five individuals. Of the five that we have received the medical information on, indications are that as of today, we will probably be picking up two, if not three, of those five as being work-related cases. So we also would encourage anyone who could have any influence with these people, the remaining 57, to please submit us the medical release information so that we can make a proper evaluation.

Councilman Kenney

How about those two employees that now offer patient advocacy based on employee feedback; have any of those individuals been out to the fire stations or to any of these people, contacting them and trying to walk with them and work with them through this process?

Mr. Perrello

We are -- we have made 112 2/13/01 - FY '02 OPERATING BUDGET the offer to the Fire Department, and we're trying to work with the Fire Department to have these people be in contact with these individuals, yes.

Councilman Kenney

Is there any information that you're aware of as to why they're not?

Mr. Perrello

We don't know.

Councilman Kenney

I mean, certainly if someone makes a notice to their employer that they are in fact infected, why would they -- I mean, I'm not asking it rhetorically, why would they just stop the process?

Mr. Perrello

It is a mystery to us too, Councilman. I mean, we have sent out -- the letter that we sent out, the famous denial letter, basically is a letter stating that -- I mean, if you go through the process to evaluate a hepatitis C claim, what you're looking for primarily is a preexisting condition. In order to determine if there is a preexisting condition, we need medical records. It's practically impossible to --

Councilman Kenney

How old are we asking the medical records to be, how far back are we going? 113 2/13/01 - FY '02 OPERATING BUDGET

Mr. Perrello

As far back as we can get them, as far back as they're available. We cannot get that kind of information in days. The State requires us to give 6 notification to the employee within 21 days of 7 acceptance or denial of the claim. So we have to 8 initial -- we have to send in an initial denial 9 letter, and in that letter, we state to the 10 employee that this an initial denial letter based 11 on the State law and if they give us the 12 information, we'll be happy to evaluate the claim, 13 and if it looks like it's work-related, we will 14 pick it up. 15 We've sent that letter to all 62 16 individuals, we've sent a follow-up letter to 17 those same individuals, and we will send yet a 18 third letter out this month. 19

Councilman Kenney

I would appreciate 20 it if you could give us in writing what the 21 outreach process has been and whether or not these two new employees dealing with the patient advocacy are involved in the process.

Mr. Perrello

I'd be happy to do so.

Councilman Kenney

Thank you. 114 2/13/01 - FY '02 OPERATING BUDGET .

Mr. Perrello

You're welcome.

Councilman Kenney

Thank you, Madam Chair.

Council President Verna

Thank you. The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Thank you, Madam Chair. Madam Chair, I'd like to ask the Sergeant-at-Arms to pass out a document that you received and you were kind of enough to pass on to my office, and it was this morning, and maybe other Councilmembers will need this document to follow this. Could I also ask you to allow Denise Garrett, the Water Bureau Chief, and Nancy Kammerdeiner, the Revenue Commissioner, to come to the witness table, please. Along with the Finance Director. (Witnesses come forward.)

Councilman Rizzo

We all were informed last week that the Water Department, Water Revenue, is planning a rate increase for the rate-payers of Philadelphia Water Department. And 115 2/13/01 - FY '02 OPERATING BUDGET I asked a question about delinquencies and just what kind of shape the Water Department is in, Water Revenue. And you were kind of enough to pull together some numbers, a Water Revenue accounts receivable summary by customer class. Could you please, one of you at the available, walk us through this and explain, please, the condition, the best you can describe of the Water Revenue situation here in the City of Philadelphia based on this information?

Ms. Garrett

Yes. My name is Denise Garrett. I'm the Bureau Chief of Water Revenue. And this document that was requested of me last week by Councilman Rizzo is a breakdown of the accounts receivables by current and delinquent receivables for the entire base of the Water Revenue Bureau. This is our active customer base. If you will note, in the first column, we list customer class. Under "residential," we list owner-occupied. And for the owner-occupied category, those are the residents of the City of Philadelphia who live, who own and live in their homes, who receive service from us. Of that balance, 12,784,000 are current receivables, and 116 2/13/01 - FY '02 OPERATING BUDGET we define "current" as those balances under two cycles, according to the Philadelphia Code, which an account is considered -- apparently, we cannot move on that account for collections until after two cycles have passed. Under delinquent receivables, it shows a balance of $40,978,000, and this represents from 3 cycles out to 15 years, according to the accounting standards set by the Revenue Department. We must maintain these balances for a period of years, up to 15 years for a total 13 receivable of $53,762,000. 14 The next category is commercial 15 residential, and these are properties that are classified as tenant-occupied. We have the first category being tenant-occupied, a single unit, and these are individual homes rented by tenants where the landlord may or may not be responsible for payment of the services. In 1988, regulations were passed that permitted tenants to apply for their own individual accounts independent of the landlord, and we have noted these receivables total $32,839,000. The next category of tenant-occupied 117 2/13/01 - FY '02 OPERATING BUDGET are multi-units. This represents two or more units in a building, up to any number -- hundreds in some cases. The receivable balance in this category is $18,347,000. And the next category is combined commercial and residential. This represents properties where you may have a store, a bar, a restaurant, or some other type of business establishment on the ground floor, and there may be apartments above it. And this represents $8,428,000. I segregated this category because this is the category where we were focusing very heavily over the last five years under our Utility Services Tenants Rights Act. Prior to this, we were not able to effect enforcement against this category, and we have been doing so for the last five years. This category has been reduced significantly in that time period. The next category is commercial industrial. And specifically commercial represents all business types where there is no 23 residential living arrangement at the property. This represents $7,811,000. And we have industrial, which includes -- my industrial 118 2/13/01 - FY '02 OPERATING BUDGET category is also including industrial surcharge accounts. This category represents $2,836,000. Then we have others. These are miscoded accounts in the database, which could be any one of the above categories. And this represents approximately $3,336,000. Total receivable for active customer classes is $127,659,000. And this is a reduction of nearly $40 million since 1997. Prior to that, our receivable balances were growing, and since that time, our receivables have been arrested, and we reversed the trend, and they are now declining.

Councilman Rizzo

Based on these efforts, could you describe the effort, whether it be turnovers, collection agencies. Would you agree that this is not good?

Ms. Garrett

Looking at the previous balances, I think we've made a tremendous amount of improvement in the environment that we've been working in, and we've implemented several programs to effect that. The one I spoke about earlier, the Utility Services Tenants Rights Act, prior to 1995, our only measure of enforcement against that 119 2/13/01 - FY '02 OPERATING BUDGET category was prosecution, and that really had not been very successful. In bringing forth the Utility Services Tenants Rights Act, we have collected nearly $90 million from this particular category of customers over the five-year period. In the commercial and industrial -- and also in the residential, I need to point out -- we made adjustments and changes to our collections practice to begin to notifying customers earlier to begin our enforcement process of cycle in advance, taking advantage of the fact that if a customer is delinquent for one cycle and we contact them. We try not to let them become two cycles past due, but at the time that they do become two cycles past due, we are ready and moving forward with our enforcement action in order to get that account into collections immediately. We also reduced by policy the threshold for enforcement from $150 to $75. This, again, allowed us to move quickly on the balances when they became due. In addition to that, we moved to enforce against commercial properties after they 120 2/13/01 - FY '02 OPERATING BUDGET became due after one cycle, and we reduced the number of payment agreements that a customer is allowed to have, as well as the amount of money; we increased the amount of money that was required for a down payment and we retrained our staff to be more sensitive to the collection effort.

Councilman Rizzo

Miss Garrett, I understand that, you know, you have a real effort here to try to get this under control. But what I think I'm hearing is from a real bad situation, extremely bad, to a bad one. Do you agree with that?

Ms. Garrett

Well, I don't think we've achieved everything we've wanted to achieve, and there is a point where the Bureau has really exhausted its effort and it has to engage outside methodology. One is the collection agencies, which we have been using successfully over the last few years. The other is engaging the Law Department, which we've been having meetings with them on a regular basis to effect different methods to try to shake money from the recalcitrant group that we're focusing on. 121 2/13/01 - FY '02 OPERATING BUDGET In addition to that, we are looking at some legislative or regulatory because one of the things that we have experienced in looking at our statistics is that when we implemented the moratorium in the middle-'80s, we began creating a condition whereby people did not pay us when they knew it was time for the moratorium to start, and then they would thereby accumulate large bills at the end of the moratorium period, and we were forced to enter a payment agreement because they were not able pay the accounts in full. So we haven't made a move to make some of these changes, though we have been having try to stress in our databases to be able to effectively make these changes and to be able to continuously treat people fairly and stay within the framework of the law as we implement some of our enforcement strategy.

Councilman Rizzo

You have a line "others," and you indicate that these are miscoded. I would hope -- and to end this conversation, I would hope that before we hear the word "rate increase" that every effort, again, be implemented to recover the significant amount of 122 2/13/01 - FY '02 OPERATING BUDGET money. And for you have to have a line here about miscoded accounts, that we really don't know if they're a commercial or residential and that added up to $3,636,000, the last thing I want to hear is the word "rate increase."

Ms. Garrett

Well, we are making an effort now to correct our database because, as you'll hear in our testimony, we're in the process of implementing a new system, and part of that process is actually a review of all of the information in our existing database and making corrections. So we do have teams that are involved -- actively involved in correcting the information that's reported here. We can't arbitrarily change it. I had to report exactly what was in the existing database.

Councilman Rizzo

This industrial commercial 7, 8, 9 million dollars --

Councilman Rizzo

What's stopping you from turning these customers off. I can't imagine a commercial account or an industrial account, you not having the leverage or the authority to 123 2/13/01 - FY '02 OPERATING BUDGET terminate service.

Ms. Garrett

Some of these properties are off. What's not reflected in the report is that some of these properties are off presently. We have not classified them as out of our active collections effort. Other properties here are in payment agreement. So those numbers are not reflected here. There is a consistent and ongoing effort to reduce these receivable balances by my staff. And even though I didn't give you a very detailed breakdown of what the status is of every receivable in the base, I basically gave you an overview of where we are in terms of current and delinquent. Even though a customer is in a payment agreement, if they're more than two cycles, we consider them delinquent. If a customer is off, even though we know that it's an off account, we don't assume that the customer is discontinued from our system and classify them as inactive; we continue to classify them as active, hoping that they will come back on and continue to make an effort to collect the receivable. 124 2/13/01 - FY '02 OPERATING BUDGET

Councilman Rizzo

Is there any way to compare our Water Revenue with another municipally-owned water company? How would you compare -- looking at these numbers, they're -- they're frightful. Not knowing how to really analyze these numbers, like you just said, that a lot of the is detail not here, which are under agreement, which are making an evident to pay, we don't know any of that. But is this -- are you -- are you satisfied? How much better do you think we can do if the legislation changes and the collection process? In other words if somebody asked me, Is this good, is this bad, how would you describe it? And maybe some of your colleagues would care to comment -- the Revenue Commissioner, the Finance Director. To me, this is terrible but maybe it's not all that bad, I don't know.

Ms. Garrett

Well, at one point, it was over 200 million, Councilman, so I think we have made progress. And I think I'm probably a little biased in my response to it. I don't think it's good, I don't think it's good to have any 125 2/13/01 - FY '02 OPERATING BUDGET outstanding receivables. But we're looking at a situation where a high percentage of our customer base is low-income more than normal. In relationship, we look at statistics relative to collections. Our current collections rate, which is the rate by which we measure the payment of these accounts in the first to the fourth cycle, was recently -- it was -- I guess it was as low as 78 percent, and it was lower than that prior, but that's when I really began measuring it. That's over 86 percent now. And the majority of our receivables are collected in the first year, which is, I'd say, roughly 92 percent of them, 93 percent of them are collected in the first year. So this is a very fluid base. What we have is a recalcitrant core of accounts that, for purposes of either classification, for accounting purposes, or for purposes of looking at what the status of the particular property is, and you have to consider that people move out of the City, they leave these balances, we're not able to find them, we have other situations such as the blight and so forth. 126 2/13/01 - FY '02 OPERATING BUDGET So we have quite a bit of a mixed bag here.

Councilman Rizzo

How many liens are associated with this debt? How many properties have been liened as a result of nonpayment?

Ms. Garrett

All of them.

Councilman Rizzo

Every one of these properties has a lien associated with it?

Councilman Rizzo

That's good, that's good to hear.

Ms. Davis

Councilman, I'd like to add that because we have years of accounts in 14 delinquencies, that skews this number. Most 15 utilities write off their delinquencies after 5 to 10 years, and so you never see a utility carrying 15 years of delinquencies. That really skews it, and one might question the true collectibility of a 15-year-old delinquency.

Councilman Rizzo

Well, when are we going to write some of this stuff off and be realistic so that these numbers are not skewed? I mean, at some point, and I don't know how legally a municipality can write debt off, but to me, if you're telling me that this is not an accurate 127 2/13/01 - FY '02 OPERATING BUDGET picture, then we really need to do something to fix that. COMMISSIONER KAMMERDEINER: Councilman, there is an accounts review panel that meets once a year, and it does have representation from City Council appointed by the President of the Council. And each year, the accounts review panel addresses all of the liabilities of the City tax and other liabilities, including these water and sewer liabilities. We do write off some of the liabilities based on standards that have be agreed upon by the panel. That panel also includes the Controller's Office, and we work with them very closely in identifying what the write-off criteria should be. One of the things we are looking at are those -- in terms of collections are those ancient liabilities that really have a zero chance of collectibility and actually getting them off the books so that they don't skew the anticipation of collection capability. One of the things we're looking forward to with the new system that Denise referred to a few moments ago an ability to better track some of 128 2/13/01 - FY '02 OPERATING BUDGET these revenues and these liabilities and what has happened over time in terms of enforcement efforts. The current system doesn't allow us to electronically categorize and track the enforcement history over a long period of time and to satisfy conditions that the Controller would like to see in terms of declaring something as an appropriate candidate for write-off. And so we're working with them and with the new system design to better categorize and classify liabilities that are simply going to be uncollectible and get them out of the receivables. So that's something that we're looking forward to in the next couple of years, but it will take us a while for us to work it through. And we're taking our time with it very deliberately so that we don't write off something that is collectible.

Councilman Rizzo

Thank you. My last question -- I have a letter that I need to respond to, and since I have Denise Garrett here, maybe you can help me with this. During the summer I have, and my constituent, 129 2/13/01 - FY '02 OPERATING BUDGET observed lawn-care companies that are in vegetation control filling their tanker trucks up at fire hydrants throughout the City. And apparently, they have a permit, from what I understand, to do this. The police have stopped a number of these trucks that are in the chemical treatment of lawns, et cetera, and are told that they're given a permit where they can fill their tankers with thousands of gallons of water from a hydrant to conduct their work. Could you describe how that is managed and if there is such a program or if we are being mislead, how these contractors, both construction contractors and others, can fill their vehicles, again, with thousands of gallons of water for construction or for the maintenance that I have described?

Ms. Garrett

First of all, Councilman, I have to apologize, because that program is actually administered through the Water Department proper. I do know that there are permits issued for construction water, and I do know that that is tracked through the Water Department's unaccounted-for water category, and that 130 2/13/01 - FY '02 OPERATING BUDGET information is passed to us for billing purposes. But in terms of the actual procedure that is conducted through L&I and the Water Department, I would have to defer to them to respond to that.

Councilman Rizzo

So we have a program where a contractor can go to a hydrant and fill up a truck seven days a week, and we have to take their word for it on how much water they've consumed?

Ms. Garrett

I believe that the permit specifies the required information for what vessel they're intending to fill, the project construction, what their anticipating use is, and that they're charged in the permit for the amount of water anticipated to be used.

Councilman Rizzo

And you're telling me that the Water Department bills for this water? Where does it show up? Could somebody tell me how much revenue that they've gotten for this?

Ms. Garrett

It does not come through my department; it actually comes through Licenses and Inspections. But we can provide written 131 2/13/01 - FY '02 OPERATING BUDGET information responding to that.

Councilman Rizzo

I'd be curious to see where the money is, where -- are you telling me that somewhere in the L&I budget, there's money received from this source of revenue?

Ms. Garrett

Yes, I believe there is, yes.

Councilman Rizzo

Okay, thank you. Thank you, Madam Chair.

Council President Verna

Thank you. I just have one brief question. Miss Davis, I would like to refer to Councilman Rizzo's first question. Can you put this in perspective and tell us what the outstanding delinquencies are to the General Fund?

Ms. Davis

We'll have to get those numbers for you. Miss Kammerdeiner doesn't have those with her.

Council President Verna

I would appreciate it if you would (inaudible), and I'd like to know before we end these Council hearings. Councilman Goode?

Councilman Goode

Thank you, Madam President. 132 2/13/01 - FY '02 OPERATING BUDGET Good afternoon, Miss Davis.

Ms. Davis

Good afternoon.

Councilman Goode

How do we develop policy on where we deposit the City money?

Ms. Davis

I didn't understand you.

Councilman Goode

How do we develop policy on where we deposit City money?

Ms. Davis

I'll have the Treasurer come up. (Witness comes forward.)

Ms. Olanipekun

Good afternoon. Folasade Olanipekun, City Treasurer. In order for an institution to become a City depository, they have to go through a Councilmatic process. There's an ordinance that gets passed by Council in which banks are added as a City depository. We have a list of them. We don't use all of them.

Councilman Goode

Okay, I was wondering whether it was just done by City Council ordinance after that list had been developed, which I'm very familiar with. How do we determine who we use, where we deposit money, which is really where I was getting to. Not just who gets 133 2/13/01 - FY '02 OPERATING BUDGET on the list, but who do we use.

Ms. Olanipekun

A lot of it based on the technical ability and the infrastructure of the depository. So, by way of example, the bank that manages our payroll is First Union, and they're the ones who basically disburse the funds for payroll for City employees. You wouldn't use a small bank to do that because they couldn't handle the number of checks that get issued every week when we distribute our payroll. So sort of we do analysis. In fact, we're getting ready to issue an RFI, a request for information from all of the banks in the region who have expressed interest in doing business with the City so that we can make an informed decision about their infrastructure and technical ability and marry that to the needs of the City.

Councilman Goode

Okay. And how many different City depositories do we have money in currently?

Ms. Olanipekun

Five.

Councilman Goode

And they are. . .?

Ms. Olanipekun

PNC, Mellon Bank, 134 2/13/01 - FY '02 OPERATING BUDGET United Bank, Hong Kong, Shanghai.

Councilman Goode

The First Union?

Ms. Olanipekun

First Union, obviously First Union. I think that was five.

Councilman Goode

Yeah, it was five. And is it strictly technical criteria, or is there also some social investment criteria that is employed? Is there social investment criteria that's employed that either would include or would preclude certain banks actually listed from receiving City deposits?

Ms. Olanipekun

Actually we do use some social criteria. And by way of example, when United Bank was formed, I think, in the early '90s, the City made a concerted effort to invest in them because they believed in the notion of having a minority-owned bank, and we currently invest in United Bank. We have monies in deposit with them.

Councilman Goode

Okay, thank you.

Ms. Olanipekun

Sure.

Councilman Goode

Thank you, Madam President.

Council President Verna

Thank you. 135 2/13/01 - FY '02 OPERATING BUDGET The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Good morning.

Ms. Davis

Good morning.

Councilwoman Brown

Miss Davis, I'd like to go back to the testimony on , Paragraph 3, the discussion around Community College of Philadelphia.

Councilwoman Brown

Let's acknowledge first that the Administration continues to support Community College with a $1 million level this year. Is that $1 million at the discretion of CCP, or does the City earmark and dictate how those dollars should be spent?

Ms. Davis

There are no strings and dictates attached.

Councilwoman Brown

Does the current level now move the City to the one-third commitment that it strives to get to?

Ms. Davis

I'll let Mr. Dubow handle that.

Mr. Dubow

That annual contribution does not equal a third of their annual revenues. 136 2/13/01 - FY '02 OPERATING BUDGET However, they have a fund balance in part built up by the money we gave them in prior years. So when we look at what we give them, we kind of look at the fund balance in doing our analysis.

Councilwoman Brown

And that aids you in making a determination on what the City's contribution will be?

Mr. Dubow

That's correct.

Councilwoman Brown

So would you or could you anticipate that we might ever be at the one-third commitment that we've made to the Community College?

Mr. Dubow

I think if they got to the point where their fund balance was completely gone, then we'd have to, you know, reexamine that.

Councilwoman Brown

Okay. Also in Paragraph 3, it mentions legal service. State again the two legal services that the City supports.

Mr. Dubow

It's the Defender Association, Community Legal Services, and a pretty small contract with the Support Center for Child Advocates.

Councilwoman Brown

Speak about that, 137 2/13/01 - FY '02 OPERATING BUDGET discuss that if you will. You say a small --

Mr. Dubow

It's about $45,000, I think, and it's essentially for representation of children.

Councilwoman Brown

Thank you. Thank you very much, Madam Chair.

Council President Verna

Thank you. The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam Chair. First, Miss Davis, good morning.

Ms. Davis

Good morning.

Councilman Nutter

There's an issue that's been disturbing me for some time, and I would like to ask if you could direct Mr. Dubow,, who, on a number of occasions, has engaged in obfuscation, confusion, sleight of hand, long and confusing answers, and continually hides various pots of money in different agencies and departments, to be much more forthcoming in his testimony before this Council. And I would ask you, as you are Director of Finance and Secretary now of the (indiscernible), I believe?

Ms. Davis

Financial Oversight. 138 2/13/01 - FY '02 OPERATING BUDGET

Councilman Nutter

Okay, all right. Could you direct Mr. Dubow in that regard, please.

Ms. Davis

I will. He's so directed.

Councilman Nutter

Thank you. Now, can you explain this government Accounting Standards Board Statement No. 34? What is that all about?

Ms. Davis

Some time ago, probably 10 or 15 years ago, the Accounting Standards Board decided that government financial statements were confusing to those who did not have to look at government financial statements. Different funds are presented in different ways. Your enterprise funds are on a full-accrual basis, your governmental funds are on modified accrual, and then you have these categories called "account groups, that were just collections of things accountants didn't know where to put them. It was felt that in order for the financial market to better understand the financial reports that governments provided, that there should be some statement that on a government-wide basis purported to treat the government as a business so that that fund -- that 139 2/13/01 - FY '02 OPERATING BUDGET government-wide statement would be presented on a full-accrual basis; it would be treated as though it were a government. It was further decided that --

Councilman Nutter

You mean treated as a business?

Ms. Davis

As a business, I'm sorry. It was further decided that because we use our assets in much the same way that a business uses its assets, that there should be some charge for depreciation to recognize the fact that government needs to make some investment in its infrastructure and that there needs to be an ongoing investment in the infrastructure. These things will now show up on a balance sheet in much the way they would show up on a balance sheet and income statements of business enterprise. So it changes on the government-wide level, the presentation of our financial statements. Individual funds will maintain their current presentation. But on the government-wide basis, there is a change, and it's to make the government look more like a business.

Councilman Nutter

And this went into 140 2/13/01 - FY '02 OPERATING BUDGET effect when?

Ms. Davis

It will go into effect for fiscal years, I think, beginning after June 15th of 2001 or 2002.

Councilman Nutter

Okay. Do you anticipate any compliance problems?

Ms. Davis

Our guys have been working on it for quite some time. There may be some difficulties because of our component units; i.e., the School District and PGW. There maybe some compliance issues and everyone has to implement at the same time. So there could be some difficulty surrounding those.

Councilman Nutter

Well, we'd be -- probably be relatively satisfied with anything that made any sense coming out of PGW, whether it was in compliance with this directive or any other directive, if we could read it. Thank you for your response on the gas 34. The increase for Community College. In past years, we have seen or we have had a couple occasions where there was an increase for Community College but not necessarily at the level 141 2/13/01 - FY '02 OPERATING BUDGET that they would have liked. Are we in that situation this year, or is this just kind of a more of an inflation increase -- "we like you, we'll give you an extra million dollars." Where does this match up in terms of what their need is and also our -- I think there's some general and rather somewhat formal agreement on a funding formula I think the City is supposedly -- it's supposed to be about a third of --

Ms. Davis

We're supposed to do one third, yes.

Councilman Nutter

Right. Where does this leave us?

Ms. Davis

We're not at one third. This year, they requested 2 million; we funded them at the $1 million level. So we're continuing the tradition of not giving them what they request.

Councilman Nutter

Hmm. . .

Ms. Davis

And it's because they have a fund balance.

Councilman Nutter

And it's because. . . ? I'm sorry.

Ms. Davis

They are maintaining a fund 142 2/13/01 - FY '02 OPERATING BUDGET balance that's available for their use.

Councilman Nutter

Well, why did they ask for the $2 million, then? (Mr. Dubow approaches mic.)

Councilman Nutter

Oh, here we go.

Mr. Dubow

I'll try to be long and obfuscating and confusing. They asked for 2 million because they have a number of program expansions that they wanted to undertake. We thought that given their fund balance, they didn't really need a $2 million increase, but we acknowledged that they did need some additional funding.

Councilman Nutter

Well, I mean, you know, for some people, a million dollars is not that much; for others, you know, it can be kind of the universe. I mean, where does -- where do these decisions -- what do you factor into your decision-making process as it relates to maybe other efforts or goals that we're trying to pursue? And specifically, on the education front, we'll have a whole other series of hearings with regard to the School District and that level of 143 2/13/01 - FY '02 OPERATING BUDGET education. But to some extent this kind of goes back to a question I raised earlier with the Chief of Staff on the scholarship side. I mean, I think one of the ways the City can demonstrate a much more serious commitment and support for education, whether it's school-aged children or young adults or not-so-young adults is in the way that we support not only Community College but also scholarship funding and getting to the heart of how many very young people who graduate actually go on to some post-12th-grade educational opportunity. And some of it, I'm sure, is maybe some kids are not interested, for whatever reason. But I would have to think that money does play a role and a factor in some of those decisions. And whether it's access to a full four-year college or university at the highest levels or something in between that and the opportunity to go to Community College. I mean, I'm not saying that they should always get what they ask for, but if we're not participating at the level that we allegedly agreed to, I mean, if we made a commitment to 144 2/13/01 - FY '02 OPERATING BUDGET support the college at a certain level, then it seems to me, one, we should do that; and two, if they have an opportunity to expand and grow, I mean, how do we demonstrate that we're really backing up what we say if we're going to -- I mean I hate to kind of throw this back at you, but I mean, continue a tradition of not fulfilling these requests. I'm not saying that we're in the greatest of boom times ourselves, but I mean, it's a million dollars.

Ms. Davis

Over the last two years, we've taken it from a little over million to a 14 little over 21 million. Getting funded at 15 50 percent of their request, they're batting 16 pretty good, considering what our resources are 17 and the decisions that we have to make about those 18 resources. 19 While we would love to support them to the full extent of their request, it's one of the sad facts of urban budgeting that there's never enough to give everybody what they ask.

Councilman Nutter

All right.

Ms. Davis

And this is just, unfortunately, one of the decisions that had to 145 2/13/01 - FY '02 OPERATING BUDGET make.

Councilman Nutter

I understand. And if the Phillies were batting at 50 percent, they would have been in the World Series last year. The $21 million, what percent of their overall budget does that represent, and how close are we to fulfilling the percentage formula for which --

Mr. Dubow

I'd have to get back to you. I knew at the time we were pitting the budget together; I don't have the numbers with me, but we'll get you that.

Councilman Nutter

Okay. Last question in this area. What is the nature of the agreement, and who was it made with, and how long has that agreement been in place?

Mr. Dubow

I'll have to get back to you.

Councilman Nutter

Okay. Thank you, Madam Chair.

Council President Verna

The Chair recognizes Councilman Ortiz.

Councilman Ortiz

Thank you, Madam Chair. 146 2/13/01 - FY '02 OPERATING BUDGET

Councilman Ortiz

That amount of money paid to PGW, we spent a lot of time in here debating the fact or the issue of the PGW loan. A lot of us have a lot of thoughts on whether we were ever going to get paid back on it, but it seems funny that those payments and those consultants that we're paying for never came up. We were never told about those hirings that were being paid through operational budget funds. Why was that?

Ms. Davis

I have no idea why that decision was made. I guess it's because there was appropriation capacity within the department, and there was, you know, no need to actually have additional funds appropriated. I have no idea why that decision was made.

Councilman Ortiz

But we asked very specific questions as to how much money we were transferring from the operational budget. And if the money was beyond the 45 million, I think we should have been told. Because these consultants are hired and the money that is being spent is above and beyond the money that we loaned to PGW; 147 2/13/01 - FY '02 OPERATING BUDGET isn't that correct?

Ms. Davis

Yes, it is.

Councilman Ortiz

My question is, when we were having hearings on PGW, why were we not told about the total expenditures of monies that we were giving to PGW?

Ms. Davis

I have no idea. These are continuations of relationships that preceded -- that predated my tenure here, and in fact, some date to FY 2000, which predated this administration.

Councilman Ortiz

Well, you know, I'd like to find out when these contracts were given and how much money we have been giving to consultants, and if this is the only thing contract that we have to PGW. And again, for the sake of truth, when we have hearings on issues, we would like to be told about an organization, an agency, and how much money it is that is going to that agency from our Operating Budget, and that we don't have to find out in the ways we do. We found out about the water rate hike through the newspapers. And through the whole period that we were discussing 148 2/13/01 - FY '02 OPERATING BUDGET the PGW loan, we never knew that we were having these consultants paid through our Operating Budget.

Ms. Davis

We'll be happy to get that information for you.

Councilman Ortiz

Thanks. How many employees do you have that are not represented by either 43 or 47?

Ms. Davis

It looks like we'll have to get that information for you.

Councilman Ortiz

And how much do you spend? What is the expenditure that your department makes in terms of these employees' medical benefits?

Ms. Davis

We'll have to get that information for you.

Councilman Ortiz

Who makes -- who runs the -- who's in charge of overseeing the medical benefits expenditures in your department?

Ms. Davis

Everything related to the medical benefits is run through the Personnel Department.

Councilman Ortiz

So you report to Linda Seyda all of the things that you need and so 149 2/13/01 - FY '02 OPERATING BUDGET on?

Ms. Davis

The payments are handled through her department, and they're on a per-employee basis.

Councilman Ortiz

But who gives the information to Linda Seyda in your department?

Ms. Davis

It's generated through our human resources payroll system; no specific person provides it.

Councilman Ortiz

You say that we have some funds that go through RDA to run homeless programs; how much money is that?

Ms. Davis

It's a $150,000 payment.

Councilman Ortiz

Why is that money not given to OSHA (sic) since we already have a homeless agency that we're running? What specific services and special services does RDA run that necessitate us giving them $150,000 for that? (Witness comes forward.)

Ms. Orfanelli

Councilman, could you please repeat that question so I can answer you properly.

Councilman Ortiz

One of the answers was that we have monies going through RDA -- 150 2/13/01 - FY '02 OPERATING BUDGET

Ms. Orfanelli

Okay.

Councilman Ortiz

-- to run a homeless program. And we have OSHA (sic). I'd like to I just want to find out why that money does not go to OSHA instead of the RDA?

Ms. Orfanelli

This program was set up before we had OSHA. This was a thirty-year agreement.

Councilman Ortiz

I just want to find out why and what it does.

Ms. Orfanelli

Okay.

Councilman Ortiz

A lot of stuff was set up before this year. I'd like to find out what it does and why do we keep doing it if we have OSHA?

Ms. Orfanelli

Okay, we can ask the RDA to provide a report for you as to what they're -- we're just paying their administrative services for this program. We don't pay for the program; we just pay for them to --

Councilman Ortiz

Do you know what they do?

Ms. Orfanelli

We just pay for them to administer the Homeless With Dignity Program. 151 2/13/01 - FY '02 OPERATING BUDGET

Councilman Ortiz

Do you know what they do?

Ms. Orfanelli

Specifically? I'd have to get a report for you.

Councilman Ortiz

The answer is no. 7

Ms. Orfanelli

No. 8

Councilman Ortiz

Do we know, in terms of the Water Department, in terms of the collection agency that has been hired, what has been the effectiveness and what has been the amount of money collected and what has been the amount of money paid?

Ms. Davis

Miss Garrett will handle that question. (Witness comes forward.)

Ms. Garrett

The collection agency programs that we have been administering have been very effective, and the contract fees range from 18 to 20 percent of the amount collected.

Councilman Ortiz

How much money has been collected?

Ms. Garrett

Since 1995, we've collected over $90 million.

Councilman Ortiz

How much money has 152 2/13/01 - FY '02 OPERATING BUDGET been collected in the last two years?

Ms. Garrett

In the last two years, we've collected close to 40 million.

Councilman Ortiz

And how much money -- that's percent of that has gone to the 7 collection agency? 8

Ms. Garrett

Yeah, between 18 and 20 9 percent, yes. 10

Councilman Ortiz

Thank you, Madam 11 Chair. 12

Councilwoman Blackwell

You're 13 welcome. 14 I think now unless there are other 15 questions that we are now ready for MBEC and 16 Mr. Roundtree. I suspect you both could use the 17 break. 18

Ms. Davis

Thank you.

Councilwoman Blackwell

The Minority Business Enterprise Council, we're ready for your testimony. (Witness comes forward.)

Councilwoman Blackwell

The President asked that we call on you next. I do not know why. Maybe someone requested it? I don't know. 153 2/13/01 - FY '02 OPERATING BUDGET COMMISSIONER APPLEBAUM: Good afternoon. I don't know whether you intentionally want to go off the schedule, but I believe, based on the schedule, the next department should be the Board of Pensions and Retirements, then Sinking Fund, City Treasurer, and then Procurement. And traditionally, the MBEC testifies at the same time that the Procurement Department testifies.

Councilwoman Blackwell

Well, the President asked that we call on MBEC next.

Mr. Roundtree

Okay. Good afternoon. I'm James Roundtree, the Director of the Minority Enterprise Council. Thank you for this opportunity to provide my testimony. I will not read my full testimony; I will just provide a brief synopsis of some things that we are involved with and then be prepared to answer questions. As stated earlier, we usually make our presentation with the Procurement Department, but --

Councilwoman Blackwell

I suspect that she will then want to go in order of the testimony, but she requested that we do you next.

Mr. Roundtree

Okay. The Minority 154 2/13/01 - FY '02 OPERATING BUDGET Business Enterprise Council's FY 2002 Operating Budget is $946,631, which is a decrease of $56,000 over FY 2001 estimated obligation of $1,002,632. The Minority Business Enterprise Council is the agency charged with administering the City of Philadelphia's anti-discrimination and affirmative action purchasing policies under Executive Order 193 and Chapter 17-500 of the Philadelphia Code. Executive Order was 193 established to provide equal access opportunities for all businesses in the City of Philadelphia contracting program. It ensures that City's funds are not used directly or indirectly to promote, reinforce, or perpetrate discriminatory contracting practices. The MBEC, we direct its efforts to provide more innovative services to minority, women, and disabled business communities. The MBEC has created a proactive environment where its role is not only to create opportunities for the minority business industry but also to educate decision-makers about the importance of programs that reflect inclusive diversity. To this day, we are increasing our monitoring effort to verify and document the actual dollars spent with certified 155 2/13/01 - FY '02 OPERATING BUDGET firms. , as prime contractors or prime consultants. We continue to work closely with City agencies and departments as well as quasi-City agencies and the private sector to promote the inclusion in all contracting activity. At this writing, the Minority Business Enterprise Council had planned to disseminate the executive summary of the business utilization study, the study that examines the contracting policies for the City and its quasi-agencies. The study analyzes the impact of the City procurement process on minority and disadvantaged business enterprises participation on contracting issues and opportunities for the MBE/WBE community through the year 2005, but based on the findings of the report, the process to enact new legislation governing the City's MBE program will begin. Unfortunately, due to a number of illnesses, we were unable to disseminate it prior 156 2/13/01 - FY '02 OPERATING BUDGET to submission of this testimony, but after our presentation at this hearing, we will be meeting with the Finance Director to come up with the dissemination mechanism for that. 8 percent. 9 percent. 1 million. 15 In my written testimony, we have some 16 graphs that will verify that information. 17 I'd like to talk a little bit about some operational initiatives that we undertook during the prior fiscal year. The MBEC was successful in conducting a number of workshops on how to do business with the City for new businesses for firms currently certified but that were unsure of the process. Over the last two workshops, we had project-specific activity, which drew over 80 responses. One of the workshops 157 2/13/01 - FY '02 OPERATING BUDGET included participation from the City's Division of Aviation. And we also cosponsored a seminar with Intech Construction Management firm, a seminar concerning the $150 million new postal facility that will be located near the airport. Businesses that participated in these workshops receive specific project information and met with many of the actual decision-makers. We continue our effort to link with the Procurement Department and the contract opportunity procurement (indiscernible), which is a special procurement evaluation enhancement database system. This will allow the MBEC to monitor all phases of the contract process for public works, service supply and equipment contracts through an automated database. We also are utilizing the ACIS, which is the Automatic Contract Information System that allows the MBEC the ability to monitor the department's professional service contract opportunity and to provide information to the minority and women business community.

Mr. Roundtree

The MBEC is working very closely with the General Building Contractors Association on a 158 2/13/01 - FY '02 OPERATING BUDGET mentor protege program created to advance minority and women business participation through joint efforts of the majority entrepreneurs from business development through special project capacity. MBEC utilizes a 17-computer work station which links to the City's mainframe. This allows MBEC specialists and coordinators the ability to reference contract information and access minority, women, and disabled business enterprises directory information, thereby creating a efficient system which provides resource material for departments and prime contractors. We are currently working on a number of projects for monitoring purposes, and those projects are: Penn's Landing, or the Simon DeBartolo Project; the Eagles stadium; the Phillies stadium; Independence Mall; the electronic voting machines; the RCN Cable franchise; the Neighborhood Transformation Initiative; the Comcast Cable franchise; and the Veterans Stadium food concessions. I'd like to take this opportunity to 159 2/13/01 - FY '02 OPERATING BUDGET thank you for allowing me to provide this brief overview of our testimony, and I'm available for any questions.

Councilwoman Blackwell

Thank you very much, Mr. Roundtree. When was the business utilization study completed?

Mr. Roundtree

It was accepted in, I believe, the fall of '99.

Councilwoman Blackwell

Why has it taken so long for dissemination?

Mr. Roundtree

Because we have had several problems with consultants. We just completed our payment process with them in the beginning of the year 2000. We had some difficulty identifying a economic development consultant to help us review some of the findings. But we are confident now that we have enough information to bring everything to closure and to beginning to disseminate it by May the 30th.

Councilwoman Blackwell

May 3rd dissemination date plan? 160 2/13/01 - FY '02 OPERATING BUDGET

Mr. Roundtree

Yes. I hope to have an executive summary to all of the program participants within eight days once I meet with the Finance Director.

Councilwoman Blackwell

Okay. 'Cause we have had many people requesting this, and we've been waiting for quite some time, obviously.

Mr. Roundtree

Yes, ma'am.

Councilwoman Blackwell

The original business utilization study covered the years 1985 through 1995. You state on that the study analyzes -- the study analysis goes through year 2005. Would you clarify that?

Mr. Roundtree

Well, what has to happen from that vantage point is, we need to set up a number of activities, and one is a legislative finding. After we prepare the legislative finding, you then have to develop something which is called "narrowly tailoring," and we believe that it will encompass at least a period of five years -- not less than five years but probably not more than ten.

Councilwoman Blackwell

Say that again. I couldn't hear the end, it was kind of 161 2/13/01 - FY '02 OPERATING BUDGET garbled.

Mr. Roundtree

We believe that we have to have a time period for the activity not to exceed ten years, but not less than five.

Councilwoman Blackwell

Okay. So in this study, you say you cover years 1985 through 1995. Then you make some forward-projections? Is that what you're saying?

Mr. Roundtree

Well, it's a little bit -- it should be a little bit later than that. It will probably -- yes, we made some forward- projections based on the information that we have at the time -- that we had at the time.

Councilwoman Blackwell

All right. The mentor protege program was created to advance minority and women businesses. How many minority and women businesses have advanced through this program?

Mr. Roundtree

It just started, and right now, there are approximately seven businesses that have assigned two mentors, and it's primarily through the construction industry.

Councilwoman Blackwell

All right. Can you let us know who they are? 162 2/13/01 - FY '02 OPERATING BUDGET

Mr. Roundtree

I can get that information for you.

Councilwoman Blackwell

Okay. What software does MBEC use to monitor employment activity on specific City contracts and how does this system work?

Mr. Roundtree

Okay, right now, we don't have a proprietary software. We have been using Access as the database, and the two projects that we were involved in actually monitoring employment was done manually. They were not done by software.

Councilwoman Blackwell

There's no 15 proprietary software and -- say that again, the rest of it.

Mr. Roundtree

The ones that -- the two projects that we were involved with through the Gateway project and another one that escapes me right now was done manually. I'm sorry, the Parkway project was done manually.

Councilwoman Blackwell

Do we have plans certainly to have it not done manually but to move forward?

Mr. Roundtree

Yes. And what we're 163 2/13/01 - FY '02 OPERATING BUDGET doing now is, we have met with a consultant to come up with some software, but we are looking for the finances to be able to purchase it.

Councilwoman Blackwell

All right. Would you get back to that in detail? Certainly, we would ask that -- I am sure that the Administration would expect that in this area, that we're still not doing these records manually. I'm sure that the Finance Director and that the Administration would support having this material.

Mr. Roundtree

They have pledged their support to do so. The difficulty has been that we have been very busy from one project to another. And right now, we have not had any true need to monitor the employment. We are the business aspect and the employment side comes -- the employment monitoring portion will come once Councilman Ortiz asks me this question about that legislation.

Councilwoman Blackwell

I mean, are you saying that it's so small, your records are so small, that there was no need to --

Mr. Roundtree

No. What I am saying 164 2/13/01 - FY '02 OPERATING BUDGET is that the MBEC's role is to monitor the business aspect. We began monitoring the employment as a pilot activity on one project specific, and that was the Parkway project, but we have not been involved in actually monitoring any employment other than that. We are a participant on one of the Administration's executive orders for labor, but our role for that is to identify the level of participation for the various trades. And under that program, we were not given the authority to monitor the employment. The information was provided to us by the project managers. And then what we were supposed to do was review it and provide the information to Council.

Councilwoman Blackwell

So every other aspect of MBEC's operation is handled properly as -- except for the employment, which you're working on. Is that what you're saying?

Mr. Roundtree

Well, I wouldn't categorize it as saying if it's properly or improperly. I would --

Councilwoman Blackwell

I mean, you do have a software program? 165 2/13/01 - FY '02 OPERATING BUDGET

Mr. Roundtree

Yes. Technology- appropriate. We use the existing database and softwares that exist from a shelf standpoint. For instance, we can use the Access program and we can use Excel and those things, but when it comes to being project-specific, you want software that's dedicated to providing that information.

Councilwoman Blackwell

Explain the airport concession program, where you state that 60 percent retail merchandising units are leased by MWBEs and 40 percent of the lease concession locations are by MWBEs and 45 percent of gross sales go to them similarly.

Mr. Roundtree

Under the airport DBE program, there was a number of goals that were established. The retail merchandising units are the carts that exist. And during the prior administration and the prior Council President's administration, they agreed that the number of retail merchandising units that were going to be established at the airport should have a specific range in it, and also that those units would also be utilized for incubation for individuals that were interested in going into the retail arena. 166 2/13/01 - FY '02 OPERATING BUDGET As a result, we've been able to utilize that to identify minority and women businesses that are interested in providing goods and services out at the airport for the consumers. The initial part of the program that calls for the 40 percent location and the 45 percent gross sales is based on the fixed term of the development lease. We had initial goals established for the interim, but now the overall goals are those -- 40 percent and 45 percent are now what we're trying to achieve.

Councilwoman Blackwell

Would you please supply the Chair and Councilmembers with the airport concession program's annual participation report for Fiscal Year 2000 and 2001?

Councilwoman Blackwell

Thank you. Would you also explain and submit the minority participation report on the new international terminal, which is estimated to cost $600 million?

Councilwoman Blackwell

And what is 167 2/13/01 - FY '02 OPERATING BUDGET the status of minority participating for the nine projects you mention on of your testimony?

Mr. Roundtree

They're in a very infancy stage of it, so we wouldn't time have any specific numbers for you on those, with the exception of the Comcast Cable franchise activity.

Councilwoman Blackwell

All right. Well, would you give us what you have, and then when you have the other information available, submit it to the Chair?

Councilwoman Blackwell

Who will submit it to the member of Council?

Mr. Roundtree

Yes. One of the ways we plan to address that, on your ordinance, I believe, 00088, it requires the MBEC to give the Administration and Council a six-month look at the prior procurement opportunity or activity, and we plan to include those projects within that reporting mechanism.

Councilwoman Blackwell

Okay. Given the increase in City procurement with regard to the airport, a decrease for NTI was listed for $56,000. What are the -- what aspects are that? 168 2/13/01 - FY '02 OPERATING BUDGET Will services be cut back? Why do we have a decrease of $56,000 listed?

Mr. Roundtree

We, just like every other department and finance, we were asked to look at ways that we can achieve what (indiscernible) level that the Finance Department had agreed to, and that represents that level. That represents whatever level the Finance Department agreed to by department.

Councilwoman Blackwell

Have you identified where the cuts will be?

Councilwoman Blackwell

Can you give us that information?

Mr. Roundtree

Yes. It's been one unfilled position and a number of reductions in other areas that we can provide for you.

Councilwoman Blackwell

One unfilled position for how much, and what reductions?

Mr. Roundtree

I can provide that information.

Councilwoman Blackwell

Thank you. What is your strategy to be included or have minority firms included in the new economy? 169 2/13/01 - FY '02 OPERATING BUDGET

Mr. Roundtree

It will be a two-pronged approach. From a business standpoint, it's to make sure that we get as much information about current bid activities as we can to the minority, women, and disabled business community. Increase our outreach to both the prime contractor market as well as the developer market. To identify areas where we can increase the number of minority and women and disabled businesses that can participate as primes. And that's from a business standpoint. From the personal and professional services contracts standpoint, it's to meet with more of the departments, directors, and commissioners, and identify opportunities where minority, women, and disabled businesses can be considered as prime vendors or prime consultants. We go through a process now, after the budget is approved, identifying areas that have been to be announced. I try to match those up with minority, women, and disabled businesses for prime and subcontract opportunities. And we will continue to do that.

Councilwoman Blackwell

Are you 170 2/13/01 - FY '02 OPERATING BUDGET involved in the Neighborhood Transformation Initiative in terms of awarding demolition contracts to minority contractors?

Mr. Roundtree

Again, it's -- it's a two-pronged answer. If it comes through the procurement process, we will be involved. I was glad to hear that Council would like for it to come through L&I versus the Redevelopment Authority, because we have more leverage or more participatory activity if it comes directed through a City department than if it does from the RDA. But to that extent, only if it comes through Procurement or directly to the Department will we have participation in it.

Councilwoman Blackwell

Finally -- and then I'll call on other members -- Councilman Ortiz will be next. My final question is, what is your involvement, MBEC's involvement with the hiring of minority construction crews for the airport expansion program? Are graduates of local training programs, like Top Win and Orleans Technical Institute, that train women and 171 2/13/01 - FY '02 OPERATING BUDGET minorities being approached or tapped for hiring?

Mr. Roundtree

Yes, they are. I am involved with the developers, with US Air, and with the prime contractors through Turner and Gilbane (ph.) as well as the airport. The US Air has hired the Greater Philadelphia Urban Affairs Coalition as their employment monitoring activity, and one of the things that takes place is that the Urban Coalition is supposed to provide an employment report, and we recommend levels of participation and the agencies that should be participating, and those are agencies that they reach out to.

Councilwoman Blackwell

Thank you, Mr. Roundtree. Councilman Ortiz?

Councilman Ortiz

Thank you, Madam Chair. Mr. Roundtree, do you have a list of projects that have been done, built in the City over the last ten years, last five years, where they have been facilitated through TIFs, HUD loans, OHCD loans, and so on down the line?

Mr. Roundtree

No, I do not. 172 2/13/01 - FY '02 OPERATING BUDGET

Councilman Ortiz

You don't have that?

Mr. Roundtree

No, I don't.

Councilman Ortiz

So you would not have a listing of how these projects have done in terms of their minority subcontracting done and so on?

Mr. Roundtree

Not the way you just phrased it. I have been -- I have participated on a number of TIF projects, but not the way you just phrased it. For instance, I was a Oversight Committee member on the Loews Hotel, so I know the level of participating that received.

Councilman Ortiz

Do that, do the Loews Hotel for me. What was the level of participation, actual participation of sub contracts on the Loews Hotel?

Mr. Roundtree

I can provide that information to you, but I can't give it to you off the top of my head.

Councilman Ortiz

And would you have information at the same time in terms of subcontracting on the Loews Hotel in terms of actual minority employment in the skilled trades? 173 2/13/01 - FY '02 OPERATING BUDGET

Councilman Ortiz

Do you have that available?

Mr. Roundtree

I can get you that information.

Councilman Ortiz

You can get that information?

Councilman Ortiz

Do you have available information in terms of other construction projects, such as the Ritz Carlton, for example?

Mr. Roundtree

No. I don't -- I wasn't a part of that one. I was -- I can get you information primarily on the ones that I was involved in. I can come up with a list on those projects.

Councilman Ortiz

So, in essence, in that part of investment that we have had in the City, where an extraordinary amount of taxpayers' related monies have been invested, MBEC really has very little power to get information as to minority participation either in jobs or contracting in those areas. 174 2/13/01 - FY '02 OPERATING BUDGET

Mr. Roundtree

Especially difficulty in jobs. Not as difficult in the business arena, but more specifically in jobs. The only way that the MBEC has been involved in a TIF program is when City Council has requested that we be involved.

Councilman Ortiz

Well, you know, we've been going through this, some of us, for a very long time in terms of seeing how we can leverage City monies to be able to increase, one, the participation and the creation of minority entrepreneurs in City and do we begin to try to retain most of the money, or at least a good part of that money, that is invested through taxpayers' funds to these private contractors that they stay in the City. And we really don't get, over the years, the information that we require. And right now, we have a whole series of things on the table. We have the stadium, we have the ancillary aspects that will be produced as a matter of fact that we're building the stadium. And supposedly in the contract, we have clauses that require a certain percentage of minority employment in the skilled trades and in 175 2/13/01 - FY '02 OPERATING BUDGET the actual subcontracting of businesses. We've had these before. And it seems like when we go back and we try to get the information that is -- for example, on the Convention Center and the Marriott and so on, that the testimony that is given here is one, and then the reality of it as it gets done has been another. And we have never achieved -- we have never been able to achieve the level of minority participation either in jobs or in contracts that testimony has been given that says that we were going to. Go ahead.

Mr. Roundtree

I'm kind of waiting for the question.

Councilman Ortiz

Well, I know that, but I'm just saying that we are here once again, and you seem not to have the answers of what has happened or the details. And we'd like to see what those details are. And, for example, in on one of the questions Councilwoman Blackwell asked you, you said you're trying to achieve in terms of the airport, trying to achieve. That means those 176 2/13/01 - FY '02 OPERATING BUDGET goals have not been achieved; is that correct?

Mr. Roundtree

And the process is not over.

Councilman Ortiz

What does it mean? What do we have? What is the reality of what we have? Don't tell me what we're trying to achieve; tell me what it is that we currently have.

Mr. Roundtree

I can do that.

Councilman Ortiz

Okay.

Mr. Roundtree

I can surely do that.

Councilman Ortiz

Okay, I'd like to see that in a report, I'd like to see that in black and white. These things -- because we're always trying to achieve. What I'd like to find out is where we're at and what we have achieved (indiscernible)..

Mr. Roundtree

Okay. And now, Councilman, based on that, you have to give me more than two days to get that information to you, thought. You've asked me to accumulate activities that I've been involved with, especially around TIFs. That's information that I would need more than two days for. And the Administration would 177 2/13/01 - FY '02 OPERATING BUDGET like to get you a speedy response. I know the position that the Administration will take, but I will need more than two days to respond to your inquiry.

Councilman Ortiz

But, you know, these are inquiries that we've been asking for over time, and it seems like we never get the answers. And then we have to wait for to you come back and then we ask them again.

Mr. Roundtree

Okay, but with all due respect, I've never been asked for -- you mentioned the Convention Center, you mentioned the Marriott Hotel. I've never been asked for those information, nor have I been placed in a position where I should be responsible for giving you the answers on those two project, especially when the bodies who are responsible, who were directly responsible to you, report to you also.

Councilman Ortiz

But I am asking for the answers to the question that Councilwoman Blackwell asked.

Mr. Roundtree

I will have those, I will have those.

Councilman Ortiz

Thank you, Madam 178 2/13/01 - FY '02 OPERATING BUDGET Chair.

Councilwoman Blackwell

Thank you. Might I also add, Mr. Roundtree, that I think you had to expect some of these questions. You knew you were coming to testify.

Mr. Roundtree

I wore a black suit so it would help with the bruises.

Councilwoman Blackwell

Good, good, okay. That sounds like a fair answer to me. Councilman Nutter?

Councilman Nutter

Thank you, Madam Chair.

Councilwoman Blackwell

You're welcome.

Councilman Nutter

I'd like to go back to an area where Councilwoman Blackwell was a little while ago, and I'm just reading the testimony on . Now, it says, "At this writing, the MBEC has disseminated the executive summary of 'a business utilization study.'"

Councilman Nutter

Can you tell me who the executive summary has been distributed to thus far. 179 2/13/01 - FY '02 OPERATING BUDGET

Mr. Roundtree

It has not been disseminated to anyone at this point. When we were preparing this, we have fully had intended for it to be submitted to the Finance Director and approved for dissemination. But unfortunately, the key person who was putting it together became ill and was unable to complete it. And thus, this testimony had been done, and I haven't had an opportunity to meet with the Financial Director, nor the other participants in the program to disseminate the information.

Councilman Nutter

Now, you said the person became ill and they couldn't complete what? What were they working on?

Mr. Roundtree

They were working on a summary, they were working on the executive summary.

Councilman Nutter

So your testimony now is actually the summary is not done?

Mr. Roundtree

No, the summary is complete. I have to meet with the Finance Director and the Administration to determine the level of dissemination. Or the methods of dissemination. 180 2/13/01 - FY '02 OPERATING BUDGET

Councilman Nutter

Okay. Now, do you anticipate that Council will be on the dissemination list?

Mr. Roundtree

Yes. I would not have put it in if I didn't think that was going to be appropriate.

Councilman Nutter

Well, I appreciate that Mr. Roundtree, but it has become apparent that I think some people don't necessarily believe that we actually read this testimony and then put things their testimony at which they are then seemingly stunned and surprised that someone would actually ask them a question about it. And so, you know, I don't know exactly what your policy is, but you know, I do actually read the testimony. And if it's in there, you know, I think that it's then open for full discussions. So -- but I appreciate that.

Mr. Roundtree

But for the record, Councilman, I understand that Council does read the testimony and takes the testimony to heart, and so I only put things in here that I'm pretty sure if not possible that I'm going to live up to. And I can only handle the things that I'm 181 2/13/01 - FY '02 OPERATING BUDGET responsible for.

Councilman Nutter

I understand.

Mr. Roundtree

So those are the only apologies I'll make.

Councilman Nutter

I understand. That's fair. On , can you -- I mean, it appears that the participation by disadvantaged firms, all contracts in that chart, in the Fiscal Year 2000 is actually less than it was in Fiscal Year '95 and -- so is that correct?

Councilman Nutter

Okay. And secondly, would you say that there is more work or more actively? Because I'd be interested in the dollar-levels, and I don't recall seeing that as a part of the chart work. So I'm intrigued as to what these percentages are relevant to -- 13.79 percent of what?

Mr. Roundtree

Okay.

Councilman Nutter

Or 16.32 percent of what? And but my general sense is -- let me get back to my question. There must have been more work and activity in FY 2000 than there was in 182 2/13/01 - FY '02 OPERATING BUDGET FY '95. Is that --

Mr. Roundtree

I would -- based on what you just --

Councilman Nutter

Is that a fair assumption?

Mr. Roundtree

I can't -- I can't even respond to that. I would have to go back and look at the actual information.

Councilman Nutter

Okay. Tell me what the contract spending numbers were in FY '95 total as compared to FY 2000.

Mr. Roundtree

Okay, I will get that information for you.

Councilman Nutter

Okay. Why are the numbers lower.

Mr. Roundtree

And I will have that explanation for you also because I don't want to speculate once I have that in front of me I will then issue the language that supports it.

Councilman Nutter

Okay. Why are the numbers what they are, and have they ever been higher in previous years?

Mr. Roundtree

They were higher, I believe, back in -- it has to be 1988 probably was 183 2/13/01 - FY '02 OPERATING BUDGET our best year.

Councilman Nutter

1988?

Mr. Roundtree

Yes, was our best year, and it was the best year for participation for women and minority businesses.

Councilman Nutter

What were the numbers then?

Mr. Roundtree

I will get that information for you. And the only reason why I know that is, that was prior to the Richmond versus (indiscernible) decision, and everything began to decline from 1989 through 1992 from stability.

Councilman Nutter

So absent the law in place, generally referred to as -- (Unintelligible, parties talking over each other.)

Councilman Nutter

Absent the law in place, then all of a sudden people couldn't -- they couldn't find people anymore, or they didn't feel compelled to do outreach or have people on the job and just said, Well, hey, life is good now, let me go back to doing what I was doing 184 2/13/01 - FY '02 OPERATING BUDGET before?

Mr. Roundtree

That's a kind of difficult question to respond to primarily because I don't know what was in most of the psyches. I can only tell you that the general attitude was just that, when people heard that the set-aside prohibition -- and that's it was affectionately called -- was deemed unconstitutional, they then began to think that they did not have to comply with any level of the City's program. Fortunately for us, the way the program was established, it was done on increments of the activity. For instance, the only thing that was struck down in 1989 or '90 was the public works provision. The personal and professional service contracts (indiscernible) services upon equipment still could have goals. But the atmosphere was different and the City faced a number of legal challenges. And that's the only thing I can attribute that to earlier.

Councilman Nutter

Well, subsequent to the legal decisions, I mean, how do you get compliance now? I mean, why does anybody comply?

Mr. Roundtree

Because as then, as it 185 2/13/01 - FY '02 OPERATING BUDGET is now, it's an element of the -- if it's a bid activity, it's a element of the contract. They have to show good faith, and we think we do an excellent job of outreach and assuring that firms -- the ranges that we set, there are firms out there that are ready, willing, and able to participate.

Councilman Nutter

I'll establish the premise that I believe that you are attempting to do your job to the best of your ability and with the resources that you have available to you. Having said that, what is your assessment of the FY 2000 number for all contractors as 13.79 percent? And for public works contracts, minority businesses was 10.97, female businesses was 5.13. I mean, one, are any of those numbers acceptable to you? And, secondly, do we have -- does the office have particular goals as to where you think we should be?

Mr. Roundtree

First question: No, the numbers are acceptable to me. However, given -- again, with this premise, given the climate that we live in, they are probably the absolute 186 2/13/01 - FY '02 OPERATING BUDGET best that we could do with what we have.

Councilman Nutter

What does that mean, and are you now telling me that in a more perfect world, the numbers couldn't be better?

Mr. Roundtree

In a more perfect world, it could be much better.

Councilman Nutter

Okay. (Unintelligible, parties talking over each other.)

Mr. Roundtree

If we had an affirmative action program versus a anti- discrimination program, the numbers should definitely be better. But under the anti- discrimination program, the only thing a bidder has to do is to tell us that reasonably they could not achieve those numbers from a litany of things. A, I do perform all of the work myself. B, I can demonstrate that the minority and women businesses were higher. And I mean I could go down the list with reasons why they can receive a contract and not obtain the goals from a nondiscriminatory manner. As long as they can prove that they did not discriminate in any manner in reaching whatever levels they did or not, then the only 187 2/13/01 - FY '02 OPERATING BUDGET obligation the City can have then is to award the contract. And that's under the anti- discrimination policy. Under the affirmative action order, they would have to demonstrate that they used some affirmative steps to achieve the goals. So to say that I'm doing all of the work with my own forces will would then not be acceptable. To say that, you know, that the only firms that we solicited, the minority or female firms that we solicited was too high, it would then be unacceptable. But those are the differences between the two programs.

Councilman Nutter

Let me ask this question. On some of the TIF projects, and even the recent stadium project, what were the -- I think there's a term of art used. Is it an economic opportunity plan that is developed in those projects?

Councilman Nutter

Now, those are recent projects. What were they?

Mr. Roundtree

They're an attempt to 188 2/13/01 - FY '02 OPERATING BUDGET structure diversity and inclusion and having -- and by the way, they are all voluntary. I mean, that the owner or the developer is suggesting to you that that --

Councilman Nutter

Well, if I've got almost a half a billion dollars, I might be willing to voluntarily do a lot of stuff, right?

Councilman Nutter

Oh, okay, all right. Go ahead, I interrupted you.

Mr. Roundtree

But that's the difference. I mean, you kind of answered your own question. If that's the kind of rewards you're going to get, there are some things that you are going to do. Now, on the other side of that, if you're not going to get any reward for doing this, why do it.

Councilman Nutter

Well, Mr. Roundtree, people who are doing work for the City are not doing it for free, right?

Mr. Roundtree

No. 24

Councilman Nutter

This is not like part of their pro bono side of their construction 189 2/13/01 - FY '02 OPERATING BUDGET business.

Mr. Roundtree

No. 4

Councilman Nutter

Where they just think out of the kindness of their heart, they should go build and renovate rec centers for us and libraries and dig up streets and all kinds of other stuff. I mean, we do pay these people, right? I mean, don't they get a check with Sade's name on it?

Mr. Roundtree

I think her testimony's coming up after mine.

Councilman Nutter

They get a check from the City, right?

Mr. Roundtree

Yes, they do.

Councilman Nutter

They are working for hard, cold U.S. cash.

Councilman Nutter

Okay. Isn't that a benefit? I mean, they price it in such a way so that they actually make money, right?

Councilman Nutter

They're not just trying to cover costs and, you know, life is good, and we're just going to break even and, like, have 190 2/13/01 - FY '02 OPERATING BUDGET this company, and we're just going to do what we do 'cause we think the City is a great place.

Mr. Roundtree

No, it's about business.

Councilman Nutter

Okay, they're making money.

Councilman Nutter

Okay. So why don't we have an economic opportunity plan with people who have contracts with us. Tell me the difference between that and all of these big facilities and big projects. The folks come in and they voluntarily agree to do these certain things because they are going to get Tax Increment Financing Districting and not pay certain taxes for years so they can build very large 18 buildings, at which most of us will never go t, 19 except for maybe ground-breaking and 20 ribbon-cutting, and they voluntarily agree to, some of them, some fairly high numbers. Isn't that correct?

Councilman Nutter

I mean, they're higher than -- 191 2/13/01 - FY '02 OPERATING BUDGET

Councilman Nutter

Do you know anybody that came through here in recent times and agreed to percent? Minority business? 6

Mr. Roundtree

No. 7

Councilman Nutter

Oh, they go a 8 little higher than that, right? 9

Mr. Roundtree

Always. 10

Councilman Nutter

Okay. What were the last couple?

Ms. Rafferty

I couldn't tell you.

Councilman Nutter

25, 30? 35, 40?

Mr. Roundtree

Oh, they're definitely in the percentile. They've consistently been 16 in the 20 percentile range. 17

Councilman Nutter

Okay, all right. 18 So could we have an economic opportunity plan 19 model for some of our contracts? 20

Mr. Roundtree

That part would be very difficult because, again, you're talking about people who are presented to you before you approve it. On the contractor basis, you're talking about a competitive bid scenario. And with the developments and the TIFs, 192 2/13/01 - FY '02 OPERATING BUDGET you basically get two bites at that apple. They can present something to you and you can say, Well, we believe it should be higher. On the competitive bids, you can't do that. You got to accept what it is at the time of the bid, as long as they follow all of the specifications. And that's where we found it the most difficult to use the practices that you just stated.

Councilman Nutter

And you can't say in the bid that you would like to see kind of sort of thinking it might be nice if you could reach certain levels?

Mr. Roundtree

That's just what I said.

Councilman Nutter

And so if you -- okay.

Mr. Roundtree

And they come back and say --

Councilman Nutter

And they say, Well, I can't do that.

Mr. Roundtree

Right. And I can't do it for this reason. And if you compare their reason -- if you compare that price and that's -- 193 2/13/01 - FY '02 OPERATING BUDGET if you look at the bid documents, the bid documents do not talk about the process, they talk about the lowest responsible bidder.

Councilman Nutter

Okay. Well, why were people doing it back in '88?

Councilman Nutter

How were people -- I mean, this has always been one of the intriguing things. People were able to do it in '88,'cause they thought they had to. And then when they didn't think they had to, they couldn't do it anymore. How did that happen?

Councilman Ortiz

(Off-mic., inaudible.)

Councilman Nutter

I have faith in church. How are they able to do it and then not able to do it?

Mr. Roundtree

Because the rest of the program changed from an affirmative action one to a anti-discrimination one. In affirmative action, you have to take affirmative steps to be inclusive. In anti-discrimination, you have to prove that you did not discriminate in the process. 194 2/13/01 - FY '02 OPERATING BUDGET

Councilman Nutter

Okay, all right. Well, you know we're going to have some more questions on that. I was intrigued, as Councilman Ortiz was. The list of projects on , what is kind of glaringly missing are the number of TIFs, the hotels. Did we do any monitoring of the RPAC, or now I think it's the Kimmel Center??

Mr. Roundtree

Yes, we are involved in the RPAC.

Councilman Nutter

Parking garages and the like. Again, it seems like there's a fair amount of work and activity in the past three, four, five years, and it will go on for a number of years going forward. How do you monitor all of this activity? What's the size of your staff? has it increased over the past years? are you anticipating more increases going forward? I mean at some point, I mean, how much -- I mean, you -- I mean, you can only do so much. And, I mean, you're a pretty big guy but, I mean, all of us still only have 24 hours in a day and all that kind of stuff. 195 2/13/01 - FY '02 OPERATING BUDGET How do you keep track of all this stuff?

Mr. Roundtree

We are planning to look at our staff needs and we are planning to look at our technology needs. And we will be presenting that along with the -- to the Finance Director, along with the Secretary of Productivity to determine -- and we believe staff increases will be warranted over the next fiscal years. These projects span a number of fiscal years, so we believe that during this process that we will seek and gain some additional resources.

Councilman Nutter

Now, you indicated in response to earlier questions that you absolutely, positively are involved in almost all of the business monitoring.

Mr. Roundtree

Where there's a -- where there's, quote/unquote, a City interest. And I say that to say that if we're in the legislation or in the -- when City Council does a TIF and it specifies within the TIF that the organization has to be responsive to the MBEC, then that gives me the leverage to insist upon information. 196 2/13/01 - FY '02 OPERATING BUDGET If I -- if our organization is not listed as part of that activity, then no, they don't feel compelled to give me that information. Now, I mentioned I'm on an oversight committee, but they're not compelled to then give me that information.

Councilman Nutter

I think we recently, through a series of -- I was in a conversation with Councilman Clarke. I think recently, through a series of legislative initiatives, we have attempted, albeit some of the horses are already out of the barn, but I think we have recently put MBEC in most projects that are ever going to come through here.

Mr. Roundtree

And for that, I am truly grateful.

Councilman Nutter

Anything of TIF nature, OHCD, CDBG, all of that stuff.

Councilman Nutter

And we'll be glad to get you that. So, I mean, I don't want to be in a situation, quite frankly, where I have to remember to ask you -- and I'm not directing this to you 197 2/13/01 - FY '02 OPERATING BUDGET personally. But, I mean, it seems to me it should automatically be a part of the process. I mean, this is what always leads to the level of anxiety and sometimes acrimony in these projects.

Mr. Roundtree

Mm-hmm.

Councilman Nutter

Because, as I have said on a number of occasions, at the end, it's always about what somebody's going to get or not get in certain groups, and -- 'cause everybody else already had their stuff taken care of.

Mr. Roundtree

Right.

Councilman Nutter

And it's always these last-minute fights about what's the level, what's the amount, who's in, who's out, who's not doing something, what are you going to agree to, and then we've getting, you know, letters, amendments, and that whole kind of process. And it just starts getting a little sloppy and starts getting a little nasty at the tail-end of some of these activities. I will be very interested in what your requests are for increased level of staff to monitor what has kind become a plethora of projects. And who is responsible for monitoring 198 2/13/01 - FY '02 OPERATING BUDGET the employment side? Both during construction and subsequent.

Mr. Roundtree

It would really depend on the agency. For instance, OHCD takes some responsibility, RDA takes some responsibility, and that's the only other agencies that I'm aware of that will review the actual monitoring for employment.

Councilman Nutter

What about on the City projects?

Mr. Roundtree

I -- I --

Councilman Nutter

The City -- you know, again, like rec centers, libraries, police stations. Who knows who works on what projects for the City of Philadelphia?

Mr. Roundtree

That has not -- I can tell you, I have been here since 1994 and that has never been -- I shouldn't -- I take that back. That has only been requested recently about monitoring the actual employment for those particular kinds of projects. And when it came up, we -- MBEC stepped up again to do that on the One Parkway facility. But to my knowledge, the One Parkway 199 2/13/01 - FY '02 OPERATING BUDGET facility and the runway -- the runway project at the airport are the only projects that I'm aware of where we actually were requested to do any kind of employment monitoring.

Councilman Nutter

Now, don't you now, though, have an employment responsibility as a result of, I believe it's Bill 181?

Mr. Roundtree

What happens is --

Councilman Nutter

For City contracts?

Mr. Roundtree

Yes. We had that. Once the union provides the information -- and if you recall, part of this triggers -- in part, our responsibility is triggered by the information from the local unions as far as who's in the apprenticeship programs and journeymen and things of that nature. And I believe I sent Councilman Clarke and Councilman Ortiz a copy of a letter that I sent out to all of the locals, and I believe it was November or October. And I got one response.

Councilman Ortiz

Point of clarification.

Councilman Nutter

You got what? 200 2/13/01 - FY '02 OPERATING BUDGET

Mr. Roundtree

I got one response.

Councilman Ortiz

(Inaudible, off-mic.)

Council President Verna

I'm sorry, I didn't hear you.

Councilman Ortiz

Could I make a point of clarification on that.

Council President Verna

The Chair recognizes Councilman Ortiz.

Councilman Ortiz

You had requested that in -- actually, I think it was October.

Councilman Ortiz

And you've gotten no 15 answer, absolutely no answer?

Mr. Roundtree

Well, I got one, I got one response from the bricklayers, and that basically was a copy of their equal opportunity report, but I didn't get anything that dealt specifically with the number of people within those locals. And that's the information that we needed in order for the mechanism to kick in for the MBEC to begin the actual employment monitoring.

Councilman Ortiz

I'd like to add 201 2/13/01 - FY '02 OPERATING BUDGET something to that, Madam and Councilman Nutter. You know, we have during the last nine years appropriated millions and millions of dollars in terms of projects. And I was just commenting with Councilwoman Blondell Reynolds that you would expect that after -- let's just take the last nine years -- that the level of employment in several areas in terms of construction and entrepreneurs, because of the projects that we have approved and the clauses in those projects, that the level of employment within minority areas -- African-American, Latinos and so on -- would have gone down, and the appearances of people from those communities in those projects would have been increasing. The curve would have been one of going up during the last nine years. And also, the same situation in terms of businesses and subcontractors, that the curve would have been going up. And we haven't achieved that, we haven't seen that curve go up on either the State level -- or actually go down. And it's mind-boggling that we just sit here and they fill up the chambers, pressure us -- and most of them 202 2/13/01 - FY '02 OPERATING BUDGET do not live in the City. But our numbers are not growing. And I, for one, am really, really tired. And when you say you have written in October and you have not gotten an answer to that, it really is really insulting. Thank you, Madam Chair.

Council President Verna

You're welcome. Councilman Nutter?

Councilman Nutter

Thank you, Madam Chair. Let me just make sure that we're operating from the same understanding. Do you take the provision in Bill 181A, Section 17-1003 -- this is the reporting requirement section. It says that all bidders or contractors on any covered construction contract shall provide to the Procurement Commissioner in the case of contracts in which the City is a party, or to the Director of Finance in the case of contracts to which the City is not a party, such information as the Commissioner or the Director may need to assess the bidder's or contractor's ability to meet the 203 2/13/01 - FY '02 OPERATING BUDGET hiring requirements set forth in Section 17-1002. And then there's a list of things.

Mr. Roundtree

Okay, for the record, Councilman Nutter --

Councilman Nutter

Does that put you in --

Mr. Roundtree

No, that puts me out. I am the Director of the Minority Business Enterprise Council.

Councilman Nutter

I understand that. You're a part of the Office of the Director of Finance; is that correct?

Mr. Roundtree

Right, right.

Councilman Nutter

Okay.

Councilman Nutter

But the Procurement Commissioner is sitting behind me, and it specifically directs the information to go to him and for him to then disseminate it, if he would like to come up and make a few comments.

Councilman Nutter

Well, it directs both the Director of Finance and the Procurement Commissioner to do certain things.

Councilman Nutter

You work for the 204 2/13/01 - FY '02 OPERATING BUDGET Director of Finance.

Councilman Nutter

Is that correct?

Mr. Roundtree

Yes, I do.

Councilman Nutter

And those two heads of those respective agencies are authorized to ask for whatever information they want to make the assessment.

Councilman Nutter

I mean, can I have any reliance on the notion that as a division of the Office of the Director of Finance, when the Finance Director is being asked or directed to do certain things, that you would automatically be a part of that process, as you are a part of that agency.

Mr. Roundtree

Of course. It goes without saying.

Councilman Nutter

Okay, all right. Thank you. Thank you, Madam Chair.

Council President Verna

You're welcome. The Chair recognizes Councilwoman 205 2/13/01 - FY '02 OPERATING BUDGET Brown.

Councilwoman Brown

Thank you. Good afternoon, Mr. Roundtree.

Mr. Roundtree

Good afternoon, Councilwoman.

Councilwoman Brown

Councilman Nutter touched on a number of questions that I also had concern about, but I need help on the big picture. How old is it agency?

Mr. Roundtree

We were established in 1982, and so that makes us years old. 13

Councilwoman Brown

And the agency -- 14

Mr. Roundtree

Uh, 19 years old. 15

Councilwoman Brown

--has been under 16 your leadership since, you say, 1994? 17

Mr. Roundtree

Yes. 18

Councilwoman Brown

And the mission of 19 the agency changed effective. . . ? 20

Mr. Roundtree

No, the mission hasn't 21 change at all. We're still responsible --

Councilwoman Brown

That's the wrong question, then.

Mr. Roundtree

Okay.

Councilwoman Brown

Prior to the legal 206 2/13/01 - FY '02 OPERATING BUDGET activity, the emphasis, I should say, was what?

Mr. Roundtree

Has shifted several times. But the primary emphasis is still to increase the number of minority women and disabled businesses that do business with the City of Philadelphia.

Councilwoman Brown

Okay. Now, I have to say that I, too, was intrigued by the graph that you shared with us on .

Councilwoman Brown

But, again, having worked and managed people, I'm trying to get a handle on the why. And you said you would get back to us for possible reasons.

Mr. Roundtree

No, no, no, no. Okay, let me understand your question because it's different from, I think, the question of Councilman Nutter. What part of the graph --

Councilwoman Brown

The top graph, which speaks to the fact that the participation levels have been diminished.

Mr. Roundtree

Right.

Councilwoman Brown

What is the staff 207 2/13/01 - FY '02 OPERATING BUDGET complement currently?

Mr. Roundtree

Okay, the reason why the participation levels have diminished may not have anything to do with the staff --

Councilwoman Brown

Okay.

Mr. Roundtree

-- of the agency. It has to do with how the City has purchase -- or our ability to utilize minority and women in certain aspects of the bid contracting process. And you know, I can -- I will respond to you in writing just how that has happened, especially from '95 to 2000.

Councilwoman Brown

Okay. On Page -- so I'll look forward to that follow-up information as well. You mentioned a number of projects. And I too am awestruck because it's nine of them.

Mr. Roundtree

Right.

Councilwoman Brown

Why is not Kvaerner listed?

Mr. Roundtree

What I was trying to do with these is list the most current ones that we are involved in. As you can see, not only is Kvaerner not listed, but the Regional Performing 208 2/13/01 - FY '02 OPERATING BUDGET Arts Facility is not listed. I mean, I have listed those in the past.

Councilwoman Brown

Okay.

Mr. Roundtree

If you look at my testimony from last year, you will see a different set of projects from last year than you did with this year.

Councilwoman Brown

Well taken. Monitors are needed to oversee these projects; is that correct?

Councilwoman Brown

How many monitors are currently at MBEC?

Mr. Roundtree

The way we do that is we assign a -- we consider these the high-visibility projects, so I have a professional-level staff person assigned to each one of them that is responsible for specific information. But we have seven -- currently seven professional staff.

Councilwoman Brown

Seven total professional staff for MBEC?

Councilwoman Brown

That helps the big 209 2/13/01 - FY '02 OPERATING BUDGET picture.

Mr. Roundtree

But I have overall, 4 but I have -- like the classifications I'm talking 5 about have three coordinators, which are 6 supervisors and then I have the MBE Specialist II 7 and so forth. 8

Councilwoman Brown

How many staffers 9 have the chief responsible of monitoring? 10

Mr. Roundtree

Nine, 'cause I included 11 myself in that. 12

Councilwoman Brown

Okay, nine. 13

Mr. Roundtree

And I include my deputy 14 in that area too. 15

Councilwoman Brown

Okay, let's move 16 to the monitoring activity. You award a contract, 17 you discover some way through, I guess, the 18 implementation phase that the general contractor 19 may not be honoring the MBE/WBE goals.

Mr. Roundtree

Mm-hmm.

Councilwoman Brown

What provisions do you have in terms of procedural policy at MBEC and reprimands, consequences are available to you to move general contractors back on line to monitoring the contract. 210 2/13/01 - FY '02 OPERATING BUDGET

Mr. Roundtree

First you'd have to determine what kind of project it is. And by that, I mean, is it a TIF, is it an operating department project? If you see most of these -- okay. Basically, what we would do, if you see most of these are TIFs, but there are a couple of them that aren't TIFs in here, so it's about 50/50. But what we would do then, the sanctions that we would have would be similar to any sanction that you could have on any avenue of the contract. It becomes a material part. The participation role, once they agree to it, becomes a material part of the actual contract.

Councilwoman Brown

Okay.

Mr. Roundtree

So in the event that they did not comply, then they could be held in default of their contract.

Councilwoman Brown

Okay, that's helpful. And the reason why I raise that, in the short time that I've been here and spoken with small-business people who are attempting -- have done -- no, currently are work doing work with 211 2/13/01 - FY '02 OPERATING BUDGET MBEC, one of the -- some might call it a criticism is that general contractors get the job and then MBEC, given the overwhelmingness of the work that you have to do, are not able to respond to the concerns raised by small-business people.

Mr. Roundtree

I'd have to disagree with that, 'cause one of the major problems that we face every day is management by crisis.

Councilwoman Brown

Okay.

Mr. Roundtree

We don't get the information about particular contractors having problems until the 12th hour.

Councilwoman Brown

Mm-hmm.

Mr. Roundtree

Somebody was promised a check on Wednesday and it's Thursday morning at 9 o'clock, and they have people facing them because they didn't get a check Wednesday -- and I mean literally -- or Tuesday, Tuesday, and somebody told them they wouldn't be paid on Wednesday, and they showed up Wednesday saying, you know, I didn't get a check. We have a problem. You know, then we got to go through and chase the paper trail.

Councilwoman Brown

Sure. 212 2/13/01 - FY '02 OPERATING BUDGET

Mr. Roundtree

As far as our responsiveness, again, it's going to depend on the level of authority that the contract has.

Councilwoman Brown

Okay.

Mr. Roundtree

Is it an operating department, is it a quasi? Have certain quasi-organizations that we work with that have groups in-house that they are responsible for monitoring. We just coordinate the activity. We assist them in some cases of helping them set ranges and goals. But then it's their responsibility from that point forward. And I got to tell you, some of them can be very territorial. And so we walk a thin line to just provide them the information so that they can assist the client. And, again, a lot of people think that because it's a City -- either a City agency or a quasi-City agency that the MBEC can go in and alleviate their problem. And in a number of instances, we can't.

Councilwoman Brown

It's simply not true.

Mr. Roundtree

It's simply not true. 213 2/13/01 - FY '02 OPERATING BUDGET We can recommend and we can refer. But to that individual -- and I think most of these are payment issues. To that individual who's not getting paid, that's not good enough.

Councilwoman Brown

Does that include RDA and PHDC?

Mr. Roundtree

It includes the RDA PHA.

Councilwoman Brown

PHA.

Councilwoman Brown

Let's move to your discussion of the mentor protege program.

Councilwoman Brown

Who or what prompted the program? How old is it?

Mr. Roundtree

It's only about two years old, and it's only in the construction agency. And what it's an outcry to, there are a number of general contractors that were saying that they could not find competent minority firms or competent women businesses. And then there were a number of minority women and businesses that were saying that the majority firms were not working with them and not helping them in other 214 2/13/01 - FY '02 OPERATING BUDGET areas. And so the General Building Contractors Association contacted the MBEC, the United Minority Contractors Association, and one other agency, I believe -- oh, and the Greater Philadelphia Urban Affairs Coalition, and they asked us to be cosponsors of this mentor protege program, where we would first take a look at a small group of people and match them up with potential monitors. And so what we did was, we came up with a pool of individuals that we could -- that expressed a interest in having a mentor and tried to match them with the appropriate -- tried to match the appropriate protege with the appropriate mentor. It's not as complicated as it sounds.

Councilwoman Brown

Okay.

Mr. Roundtree

For instance, most of the mentors are either general contractors or specialty-related contractors. Most of the mentors are the same, are either specialty contractors or small general contractors. And so what we hope to do is have an experience where the smaller contractors could 215 2/13/01 - FY '02 OPERATING BUDGET learn from the larger ones and have a resource where they could bounce off information. One of my strongest, I guess, criticisms or problems with the program is I don't think that a mentor should subcontract work to his protege. They should be there for advice and to provide supervision if they can, but it's very difficult for a mentor to have a working relationship with a protege in a difficult scenario.

Councilwoman Brown

Define "small group." You said "a small group."

Mr. Roundtree

Five to seven people at the time.

Councilwoman Brown

Who are currently contractors?

Mr. Roundtree

Yes, who are contractors.

Councilwoman Brown

How does that move or help the bottom line, which is, folks of color and women are reflected in the building trades in single digits.

Mr. Roundtree

Okay, because you can't compare one with the other. See, we're talking 216 2/13/01 - FY '02 OPERATING BUDGET business participation versus employment. The mentor part is soley on the business aspect; it's not on the employment.

Councilwoman Brown

Okay.

Mr. Roundtree

And so it's not kind of reflective of that activity.

Councilwoman Brown

That's helpful. Recognizing the awful reality that women and people of color are not reflected in the building trades, has MBEC -- or is it within MBEC's jurisdiction to take a look at that reality and do something about it, particularly given what's ahead of us with stadium construction?

Mr. Roundtree

The short answer is no. The long answer is, because of a couple of legislations and bills that have passed, we, MBEC, is responsible for reviewing the information that the union provides to determine level of potential participation for minority and women by trade and make that recommendation on a variety of economic projects. For instance, on the stadium project, they sort of go, I believe, a 35 percent minority and I think 5 or 8 percent female?

Councilwoman Brown

Yes. 217 2/13/01 - FY '02 OPERATING BUDGET Unprecedented in the country, yes, thanks to my colleague Darrell Clarke.

Mr. Roundtree

Well, a part of that process is going to be for us to find out how many people exist in the union already.

Councilwoman Brown

Yes.

Mr. Roundtree

And how many will be available for work. And if they aren't available, what's the next mechanism that could be used --

Councilwoman Brown

To get people on line to meet those goals, yes.

Mr. Roundtree

There are a number of discussions now as to how do you that and who's supposed to be involved. Now, to everybody's credit, the union has been very forthcoming and providing the information about their apprenticeship programs. What we don't have is the specific numbers of people who are currently in their rolls and the potential or the possibility of how you grow that number to meet those ranges or goals. That's the work and the challenge that's ahead of us. The MBEC will be involved in that aspect, as well as the Greater Philadelphia 218 2/13/01 - FY '02 OPERATING BUDGET Affairs Coalition. We also have been in contact with --

Councilwoman Brown

The School District.

Mr. Roundtree

No, Congreso de Latinos and other people who have other programs. We firmly believe that Top Win will be involved because we don't -- at this juncture, at this very limited juncture, we don't believe that we have enough people that's in the currently in the marketplace --

Councilwoman Brown

Pipeline.

Mr. Roundtree

-- that could facilitate the achievement of that goal. So we have to come up with a strategy and we got a little time to do that. But what we're doing now is collecting the information so that we can at least alleviate some of the inherent obstacles. And most of it is information.

Councilwoman Brown

Absolutely. And you're absolutely right, we have time to craft a strategy, but it's also important to make sure that all parties are at the table. 219 2/13/01 - FY '02 OPERATING BUDGET

Mr. Roundtree

Right.

Councilwoman Brown

And I would strongly suggest, with MBEC being a bridge, that the School District is at the table. There are discussions happening also at the School District, and we do all of ourselves a disservice --

Mr. Roundtree

If we leave anybody out.

Councilwoman Brown

Absolutely. And the time to make sure that that happens is now.

Councilwoman Brown

Let me just check my notes here. You mentioned that one of success areas is that of outreach last year.

Mr. Roundtree

Yes, yes.

Councilwoman Brown

And based on the testimony last year also, you were just beginning to put a lot of things on line from a technology standpoint.

Councilwoman Brown

So you would factor that a success too.

Mr. Roundtree

Yes. 220 2/13/01 - FY '02 OPERATING BUDGET

Councilwoman Brown

Are there still areas where you see serious challenge as you look down the line for Fiscal 2002?

Mr. Roundtree

The great digital divide, getting people to understand how to use our services from the Internet, getting us more in the Internet, or technology (indiscernible). Right now, although we are on the City's Web site, we're not inactive -- interactive. I mean, people can't pull down our directory and use it as appropriately as we would like for them to.

Councilwoman Brown

Okay.

Mr. Roundtree

And we want a certain level of proprietaryship to that because it can be abused, but what we want to do is make it available so that everybody has access to it, and you won't get calls where, "I was trying to get some assistance from the MBEC but I couldn't and so I had to submit this bid without this level of participation," when we can just tell people to go on the Internet, the directory's accessible on the Internet, the commodity codes will match the areas that you're interested in. And then we can do a 221 2/13/01 - FY '02 OPERATING BUDGET check-and-balance type of thing. The other things that we would like to work on is to increase the number of projects that we can monitor. And the only thing way we can do that, again, is from a technological standpoint. Again, a more efficient database or a more efficient software that enhances our database and enhances our ability to increase the level of information that we have. One of the problems that we had on the One Parkway project that we -- that Councilwoman Blackwell said was kind of antiquated and required us to go back and do manual things was every time we submit -- put information into one of the systems, it would crash. And so we had to get the individual back, you know, to walk us through. And every time you bring a software person back, it's costing you money. So we kind of at that point just disregarded that and just went to a manual so we could keep pace.

Councilwoman Brown

I would like to go back to another success area. Would it be fair to say that to the extent that the City, through MBEC, is a participant on the Oversight Committee 222 2/13/01 - FY '02 OPERATING BUDGET that that project experienced a success with regards to MBE/WBE goals?

Councilwoman Brown

And if the converse, or reverse, of that is true, to the extent that MBEC -- (Unintelligible, parties talking over each other.)

Councilwoman Brown

Okay, then let's go back to Kvaerner. It's not on the list currently. What is MBEC's participation with regards to Kvaerner as it today?

Mr. Roundtree

We have no 15 participation. What we've asked Kvaerner to provide to us so that we can provide to the Administration and Council is a final report. Kvaerner hired an outside consultant to monitor their participation. They also had -- and testimony records will indicate that they preferred and used OHCD as their monitoring group. We worked with OHCD and we work with the Redevelopment Authority to assure that most of the firms who participate there were certified or certifiable. 223 2/13/01 - FY '02 OPERATING BUDGET And then had have a change in management, and once the change in management occurred, then there was a certain amount of slippage in the information. So about three weeks ago or maybe a month ago, I wrote to the new president and asked him for an update as to all of the activity that has transpired up to now. And he indicated that they had made a good-faith report that they would do this for the City.

Councilwoman Brown

Have you heard back?

Mr. Roundtree

No, I haven't, but one of the things that we did hear -- you know, we read the paper and saw the article about the new --

Councilwoman Brown

Things are growing. (Unintelligible, parties talking over each other.)

Mr. Roundtree

So we're going to intensify that because one of the things they also committed to was not only having local suppliers and distributors, but identifying opportunities for local minority and women businesses. And we 224 2/13/01 - FY '02 OPERATING BUDGET need to then find out where they are in that process. A number of people that were involved initially have changed, and so we're kind of searching through that process right now.

Councilwoman Brown

I cannot speak for any of my colleagues, but I do know that there are a couple that would be interested in a response to that, given the -- some might call it unfortunate, others would say the terrible start with regards to Kvaerner and MBE/WBE participation. So if you would share that with us --

Mr. Roundtree

But I would like to echo the same sentiments I had with Councilman Ortiz: I need a little more than two days to respond.

Councilwoman Brown

Absolutely, absolutely, absolutely.

Mr. Roundtree

And so --

Councilwoman Brown

Obviously, you can't respond until you hear back from them.

Mr. Roundtree

Right, right.

Councilwoman Brown

Well-taken. Let me just check. That's it. Thank 225 2/13/01 - FY '02 OPERATING BUDGET you very, very much. Thank you, Madam Chair.

Councilwoman Blackwell

Thank you. Councilman Clarke, you're next.

Councilman Clarke

Thank you, Madam Chair. Good afternoon, Mr. Roundtree.

Mr. Roundtree

Good afternoon, Councilman Clarke.

Councilman Clarke

Mr. Roundtree, you've actually touched base on most of the questions I had, but I just wanted to get some clarity on some of them. With respects to your testimony as it relates to Councilman Nutter's question on the expansion of your responsibilities, I just want to get some clarity. Will you now have the responsibility as a result of our amendment of the ordinance that created MBEC?

Mr. Roundtree

Right.

Councilman Clarke

One of the responsibilities that you have is Penn's Landing Development Corporation. And you referenced in 226 2/13/01 - FY '02 OPERATING BUDGET your testimony that you're looking to increase your staffing levels in the out-years to give you the ability to monitor that agency and other agencies.

Mr. Roundtree

Mm-hmm.

Councilman Clarke

I'm a little concerned about that because as we speak, there are currently two large-scale developments taking place in Penn's Landing that were done through Penn's Landing Development Corporation, the large residential development on -- I can't remember the pier.

Mr. Roundtree

Pier 30. It's called "Dockside."

Councilman Clarke

Pier 30. And the tram development.

Councilman Clarke

Which are going to be multi-million-dollar developments.

Councilman Clarke

So you're saying that there will be no monitoring --

Mr. Roundtree

No, no, no, I didn't say there wouldn't be no monitoring. As a matter 227 2/13/01 - FY '02 OPERATING BUDGET of fact, I want to thank you. On Pier 30, the MBEC is listed in there for us to receive information and for us to be involved. Unfortunately, I had to call it to their attention because there was a couple disputes on some bids that were coming up, and they're having a meeting on the 15th that I've been invited to participate in, which I will begin participation, and I've asked for all of the pertinent information. We will begin with that process. Now, the tram, I'm not sure what our level of involvement with that is, because I haven't seen the economic development plan, nor have I seen the actual TIF or know who the contractors are.

Councilman Clarke

All right. It's being done through the Delaware River Port Authority, it's being built on Penn's Landing.

Councilman Clarke

Jurisdictional.

Mr. Roundtree

All right.

Councilman Clarke

So, can you -- (Unintelligible, parties talking over 228 2/13/01 - FY '02 OPERATING BUDGET each other.)

Mr. Roundtree

And I think -- I don't think we'll have a problem with that activity. I know that the Delaware River Port Authority has an MBE person, so I can coordinate that activity with them. So that's not a issue.

Councilman Clarke

Okay, thank you. The earlier question with respects to the procurement process, and you indicated that you kind of get things at the end of the process, and it's a finished product when it comes to you as it relates to participation goals.

Mr. Roundtree

If it's a TIF, only if it's a TIF. And only recently, the last couple of -- I think someone asked me about hotels, and the only hotel I can re --

Councilman Clarke

No, I think we were talking about City projects.

Mr. Roundtree

Okay. You have to refresh my memory.

Councilman Clarke

Councilman Nutter had asked a question with respects to the ability of your agency to adequately monitor City projects, particularly on the employment side. 229 2/13/01 - FY '02 OPERATING BUDGET

Mr. Roundtree

Oh, the employment side yes, yes, yes.

Councilman Clarke

Do you have the wherewithal to do that?

Mr. Roundtree

Employment, because our agency was established with the business aspect to monitor and implement the business aspect. It was only recently over the last three to five -- last three to four years that we've been asked to really get involved in monitoring the employment side. And the only two projects that I could cite was under the executive labor agreement, both the One Parkway and the runway, the airport runway. Those are the only programs. And with the airport runway, we were not listed in the executive order as the monitoring group; we were listed as the people who help them establish ranges for their levels of participation and then report back. That's different from the way we were asked to handle the One Parkway scenario.

Councilman Clarke

Okay. In the procurement process itself, and I have asked this before, we RFP or RFQ, and I've asked -- and I 230 2/13/01 - FY '02 OPERATING BUDGET understand that there's a ranking system associated with the ultimate selection process. You get points for this, you get points for that.

Mr. Roundtree

No, that's different. That's different from the -- you have to separate the-- excuse me, you have to separate the professional service contracts from the bidding. What the Procurement Commissioner handles is most of the bidding activity. There's some hybrid activity that the Procurement Department is involved with that does RFPs. But primarily, it's bid activity. You don't get to rank the bid activity as -- and Mr. Applebaum is here, so he can speak to that. You don't get the rank. Did you want to address that, Lou?

Councilman Clarke

Yeah, I'm just trying to understand this process. You know, we have, say, for instance, the restoration of City Hall, and, you know, we have to select a contractor to do that. Walk me through that if you can. (Witness comes forward.) COMMISSIONER APPLEBAUM: Good 231 2/13/01 - FY '02 OPERATING BUDGET afternoon. My name is Louis Applebaum, Procurement Commissioner for the City of Philadelphia. And your question, Councilman?

Councilman Clarke

Well, I'm trying to understand the procurement process as it relates to purchase of -- well, actually the selection of a contractor to perform a service on a municipally-owned building. COMMISSIONER APPLEBAUM: Under the City of Philadelphia City Charter, we must award -- make awards to the lowest responsive, responsible bidder. There's no selection, there's no 15 negotiation. If it's a true bid, which I believe you're talking about, a public works bid or a service supply and equipment, we must award the lowest responsive, responsible bidder. Now, part of the responsiveness test is that they have followed the rules and regulations of the game as far as the bid submission, and also have complied with the MBEC rules and regulations. And in response to your earlier question, every bid, if it is issued by the City of Philadelphia Procurement Department, before 232 2/13/01 - FY '02 OPERATING BUDGET they are issued, are delivered to MBEC for their review and their appraisal, and they record in those bid documents the ranges for MBEC M's, W's, and D's that they have established for that particular bid. After the bid is -- they establish the ranges. It is printed on the bid document. It is then sent out, and the bids come back. Now, when they come back, before an award is made, the bid documents -- usually we send to MBEC the lowest three bids. They have the opportunity to review them and to review their MBEC submission solicitation page --

Councilman Clarke

So -- not to interrupt you -- COMMISSIONER APPLEBAUM: And they --

Councilman Clarke

I just want to interrupt 'cause I want to make sure I understand this. So you select the lowest three bids based on the dollar figure. COMMISSIONER APPLEBAUM: Correct.

Councilman Clarke

So potentially, there could have been a submission of a proposal 233 2/13/01 - FY '02 OPERATING BUDGET that may have had a higher -- let me ask the question. COMMISSIONER APPLEBAUM: Okay.

Councilman Clarke

Let me ask the question. It may have been a proposal -- a submission of a proposal for that RFQ or RFP that may have had a higher participation level as it relates to MBE/WBE that never got to MBEC for them to review. COMMISSIONER APPLEBAUM: Let's step back for one minute.

Councilman Clarke

Okay. COMMISSIONER APPLEBAUM: We're talking about bids. We must award to the lowest responsive, responsible bidder. The first test is to look at the net dollars of that bid.

Councilman Clarke

Right. COMMISSIONER APPLEBAUM: We then submit to MBEC the lowest bidder. They look at that. They look at their solicitation and commitment form to make sure they did an honest job, that they did not discriminate. And if they're satisfied, they approve it. Now, there could have been another bid 234 2/13/01 - FY '02 OPERATING BUDGET that maybe was a little bit higher that had twice the amount of participation. We can't award to them. We must award to the lowest responsive, responsible bidder. They have the opportunity, before any award is made, to make sure that the bid document, the bidder, the lowest bidder has been responsive. And that's the key test.

Councilman Clarke

In terms of time, submission of the bid, and responsible -- COMMISSIONER APPLEBAUM: Right that they signed the bid. Responsibility means that the company that we're dealing with has a track record, the financial wherewithal and a history that we're assured that they can do the job under the specifications that we have issued. We are not going to allow a bidder who has never built a building to build a prison for us. So responsibility means experience, financial strength, bonding, insurance, and a successful track record.

Councilman Clarke

Is that written somewhere? COMMISSIONER APPLEBAUM: Excuse me? 235 2/13/01 - FY '02 OPERATING BUDGET

Councilman Clarke

Is that written somewhere? COMMISSIONER APPLEBAUM: Oh, yes. That's the test of responsibility.

Councilman Clarke

No, I mean, where is that written? COMMISSIONER APPLEBAUM: It's in the --

Councilman Clarke

I view a person as being responsible if they take into account that they're entering into a contract with a city that has a minority population of upwards of 45 percent, I view that as being responsible to adequately reflect that population and the diversity of that city as some way of filling the need to be responsible and incorporating that into the (inaudible). COMMISSIONER APPLEBAUM: Well, you're mixing apples and oranges. The responsiveness test is that they have complied with the total City Charter rules, regulations --

Councilman Clarke

I asked you about responsible -- COMMISSIONER APPLEBAUM: Responsibility means that they have -- they are responsible a 236 2/13/01 - FY '02 OPERATING BUDGET bidder who can complete the project under the terms and conditions of that project on time, with -- at the cost that they have submitted, supply us with the adequate insurance, and we know they are a responsible person who we can feel comfortable with in making that award.

Mr. Roundtree

And a responsible portion from the MBEC standpoint is that they did not discriminate. Responsive and responsible. Responsive that they have completed all of the documentation and they have met that letter. But responsible is that they do not -- you know, that there is no evidence of discrimination, from our (indiscernible), and I just want the MBEC to ask --

Councilman Clarke

How do you determine that?

Mr. Roundtree

That they didn't discriminate?

Councilman Clarke

Yeah. COMMISSIONER APPLEBAUM: Let me answer. The test of determining whether -- one specific area I can get into on the test of whether they discriminated or not is if you are a 237 2/13/01 - FY '02 OPERATING BUDGET vendor, a public works vendor, and you're going to a particular job and it requires you to retain and hire subcontractors. Now if you are ABC Corporation and you're now going to search out subcontractors, if you have not made a complete and adequate search of subcontractors, including everyone available -- minorities and non-minorities -- and you have just gone to the non-minority subcontracting community and have not gone to the minority subcontracting community, in our opinion, you have discriminated against those minority subcontractors. So if there is an availability of minority subcontractors in what you're looking for, you must go to them and make sure they're certified and get their price. And if their price competitive, you're expected to use them. If their price is not competitive, then you do not have to use them. But you must give them the opportunity. And if you haven't, you have discriminated.

Councilman Clarke

Mr. Roundtree, could I hear your answer? 'Cause you were getting ready to answer. 238 2/13/01 - FY '02 OPERATING BUDGET

Mr. Roundtree

No, that's it.

Councilman Clarke

It's the same answer?

Mr. Roundtree

Same answer.

Councilman Clarke

Same answer. COMMISSIONER APPLEBAUM: We're on the same page, believe me. We work very closely together and --

Councilman Clarke

But it's Mr. Roundtree's responsibility as the head of MBEC and, you know, I wanted to get his response 'cause that's, it's my understanding, his job.

Councilman Clarke

And, I mean, I'm trying to understand in the primary -- if you talk about responsiveness and responsibility and nowhere in that equation, you know, do you talk about participation other than nondiscriminatory nor discriminatory type of practices, I mean, that's all relative. I mean, to find out if in fact that happened, you know, I don't have to tell you how difficult it is.

Councilman Clarke

It's really -- we 239 2/13/01 - FY '02 OPERATING BUDGET don't really have the wherewithal to determine that.

Mr. Roundtree

Well, the other side of that, Councilman, you were going to touch on is employment. That is never entered into the equation either because -- and, Lou, you can correct me if I'm wrong -- I haven't seen a bid activity that requested goals on employment.

Councilman Clarke

We can't do that by law? COMMISSIONER APPLEBAUM: There is no 13 current legislation or executive order that's in place that requires goals or ranges for employment. Now, I believe in some of the TIF programs --

Council President Verna

I'm sorry, for what, Commissioner? I couldn't hear what you said. Do you mind repeating? COMMISSIONER APPLEBAUM: No. 21 Currently, there are no rules or regulations covering employment goals or ranges on City contracts -- except I know on some projects where there are TIFs, in those particular contracts, and we don't deal with those, there are goals or 240 2/13/01 - FY '02 OPERATING BUDGET ranges on employment participation, but not in City contracts.

Councilman Clarke

But there's no 5 prohibitions legally for us to do that. COMMISSIONER APPLEBAUM: No. 7

Mr. Roundtree

Not that we're aware of.

Councilman Clarke

All right. And you know what's coming Thursday.

Councilman Clarke

Okay. Michael Bell (ph.), I guess you know Michael Bell?

Mr. Roundtree

Yes, I do. I know Michael.

Councilman Clarke

What's Michael Bell's responsibility?

Mr. Roundtree

Michael Bell is the director of the Redevelopment Authority's minority and women business program.

Councilman Clarke

In on employment or in contracts?

Mr. Roundtree

Both, I believe.

Councilman Clarke

Both?

Mr. Roundtree

Both, I believe. 241 2/13/01 - FY '02 OPERATING BUDGET

Councilman Clarke

And Kevin Brooks?

Mr. Roundtree

Kevin Brooks is the Assistant Director of Employment and Training -- UNIDENTIFIED SPEAKER: For training.

Mr. Roundtree

Assistant Director for Training.

Councilman Clarke

For employment training?

Mr. Roundtree

Yes, for OHCD.

Councilman Clarke

Okay. And I understand if the answer to this question is no, but when I talk to other agencies Greater Philadelphia Urban Coalition and Mulligan & Associates, and they talk about the wonderful job that they do as it relates to monitoring and outreach programs, and they essentially get hired by the developer or the company. Their (inaudible) is an example of Greater Philadelphia Coalition that apparently worked on that, and they tell me they did these great numbers. And my question is, if we're now talking about potentially expanding some services to -- since we're expanding the level of jurisdiction, wouldn't it make sense for us to 242 2/13/01 - FY '02 OPERATING BUDGET look at the possibility of us -- and I don't want to use the "P word," because it gets you in trouble as a politician, but would it be possible to consider out-sourcing some of the activities that you will now be asked to do in addition to what you currently do to some of these agencies who claim they have such a great track record as it relates to --

Council President Verna

Councilman, I'm sorry, I don't mean to interrupt you, but the stenographer is having difficulty hearing you.

Councilman Clarke

You can't hear me?

Council President Verna

If you could just elevate your voice into the microphone.

Councilman Clarke

Higher, like that? Okay.

Council President Verna

Just talk into the mic, please, so she can hear you.

Councilman Clarke

Okay, thank you. Did you hear the question?

Mr. Roundtree

Yes, basically.

Councilman Clarke

Now, I understand if you say no. 25

Mr. Roundtree

No, I won't say no. 243 2/13/01 - FY '02 OPERATING BUDGET

Councilman Clarke

We just need to look at that 'cause we're going to -- we're obviously going to have to increase somebody's budget by providing service -- (Unintelligible, parties talking over each other.)

Mr. Roundtree

Don't give it to anybody else. Give me the money.

Councilman Clarke

All right. Now, you --

Mr. Roundtree

I believe that we can garnish (sic) the resources that would be necessary to handle anything that City Council or the Administration would prefer, that they would like for us to do. What we would like to do, though, is evaluate what is needed because we might need to change a few things in-house, but I believe that we have available competence in-house that we can handle it.

Councilman Clarke

So the fact that we continually come back with these abysmal numbers, as referenced by Councilman Ortiz and Councilwoman Blondell Reynolds Brown and Councilman Nutter earlier, we should continue to do things the way 244 2/13/01 - FY '02 OPERATING BUDGET we've been doing them.

Mr. Roundtree

Right.

Councilman Clarke

'Cause I hear you -- you come before us and we talk about these numbers, and I mean, they're like ridiculous. So I mean, at some point, we got to do something differently. And if, you know, the claims of these other agencies are that they can do a much better job -- and, by the way, they have not asked us to do what it is you do, but I'm just thinking in terms of us possibly out-sourcing some of this work.

Mr. Roundtree

Okay. And, Councilman, I don't have a problem with what they do, and they do a very good job. I would just have a problem with them doing it for the City. I believe that we could effectively and professionally handle any obligation that the City would have. If you decided you would out-source it, I would have our department compete for it. I think I would compete against any of them. I believe that we have the wherewithal, the level of competence and effectiveness -- I can say the same thing -- on City projects. 245 2/13/01 - FY '02 OPERATING BUDGET Remember, we were never asked to do this as part of our initial mission of our organization. We've kind of evolved into this and we haven't -- on the two projects that we've actually -- on really the one project that we've actually done it on, we did a good job with what we had. Given the proper resources, I will compete against any of them. And I work with them and they are all outstanding organizations, but I would prefer, if it's a City activity, that the City and the City agency responsible for performing that service be given the opportunity to do that and be given all of the necessary resources that they have at their disposal, and we would do a comparable job -- no, no, we would do a better job, we would do a better job.

Councilman Clarke

Okay, all right. Thank you. Thank you, Madam Chair.

Council President Verna

Thank you very much. Are there any other questions for this witness? 246 2/13/01 - FY '02 OPERATING BUDGET (No further questions.)

Council President Verna

Thank you very much. I believe that Board of Pensions and Retirement is next. They've been waiting since 10:30 this morning. (Witnesses come forward.) (Break taken.) - - - (Proceedings resume.)

Council President Verna

Please identify yourself for the record and proceed with your testimony.

Mr. Herkness

Yes, ma'am. Good afternoon, Madam President.

Council President Verna

I'm sorry you have been kept waiting so long.

Mr. Herkness

No problem. Good afternoon and good afternoon to the members of Council. My name is Joe Herkness and I'm the Executive Director Board of Pensions and Retirement, and I am pleased to present testimony on behalf of the Board of Trustees. And as Chairperson is Miss Janice Davis, Director of 247 2/13/01 - FY '02 OPERATING BUDGET Finance. With me is Mark Bonavitacola, who is the Board's Chief Investment Officer. The administrative costs of the fund are borne by the fund, and there are no direct appropriations made from the City's General Fund. The FY 2002 budget request this year is $6,271,000. In FY 2002, we will have 68 budgeted positions for investment, active employee services, health and welfare, and a general support for the Pension Fund. In Fiscal 2002, the City's General Fund contribution to the Pension Fund will be $157.8 million. In addition, the City will pay $47.5 million in debt service on pension obligation bonds that were issued in February of 1999. Combined, these figures represent a full 7 percent of the City FY 2002 General Fund expenditures. Pension obligation bonds issued by the City reduced the unfunded liability by 50 percent. And by the end of FY 2000, the system was more than 75 percent funded with assets of $4.96 billion. However, the unfunded liability projected to be $1.83 billion at the beginning 248 2/13/01 - FY '02 OPERATING BUDGET Fiscal 2002 remains a target for reduction. This year, the Administration will ask the State legislature to amend Pennsylvania Act 205 and permit the Pension Fund to amortize its outstanding unfunded liability on a rolling 15-year basis up from the current 10-year basis. Increasing the amortization period will enable the City's General Fund to benefit in future years by significantly reducing its annual contributions towards this unfunded liability. In FY 2002, that contribution alone will be $112.7 million. It is estimated that the General Fund will be able to reduce this annual obligation by an additional 189 million over a 10-year period, beginning in Fiscal 2009, which would be a full four years before the present 10-year rolling method would begin to generate any relief whatsoever. Another benefit from the pension bond issue was the establishment of a pension adjustment fund program, which allows for a sharing of investment gains above 10 percent with the fund's retirees, beginning this fiscal year. This 10 percent threshold for sharing purposes is calculated annually on an actuarial adjusted 249 2/13/01 - FY '02 OPERATING BUDGET basis, which averages the investment performance over a five-year period. The Board of Trustees approved the distribution of approximately $40 million to retirees with their March 31st benefit payments. Retirees, survivors, and beneficiaries will receive $100 for each full year that they have held that status. This allocation will mark the third consecutive year in which eligible retirees have received a pension benefit in addition to their regular monthly annuity. This March 31st payment will push the 3-year total afforded City pensioners to $110 million. In FY 2002, the pension system will make over $410 million in benefit payments to over 31,000 pensioners and their survivors. Despite this pressure on the fund's assets, the fund continues to experience good investment returns. FY 2000's investment return was 9.47 percent, bringing total assets, as stated previously, to $4.96 billion. The fund's average annual return over the 5-year period ending June 30th, 2000 was 13.7 percent, and that was after all the administrative and managerial fees. 250 2/13/01 - FY '02 OPERATING BUDGET That concludes my testimony. We're certainly available for any and all questions that you may have.

Council President Verna

Thank you. I'm very happy to hear that the retirees will be getting some benefit. I recall last year they had to have ten years of service and they received X-amount of dollars every year after the ten years.

Mr. Herkness

Yes, ma'am. The original law required ten. The allocation that the Board made this year has a just one full-year requirement, that as long as you have one year as a retiree, as a survivor of a retiree, or as a beneficiary, you would begin to receive the $100. So there's no large service requirement with this allocation.

Council President Verna

That's wonderful. It certainly helped many of them to pay for their medical expenses, since we have not treated them so kindly. Are there any questions? The Chair recognizes Councilwoman Blackwell. 251 2/13/01 - FY '02 OPERATING BUDGET

Councilwoman Blackwell

Thank you. In your testimony, you mentioned that we need to reduce the unfunded liability, which is projected at 1.38 billion at the beginning of Fiscal Year 2002. You also mentioned a strategy of asking the State to amortize the outstanding unfunded liability to years instead of 10. 9 For the sake of clarity, are you 10 referring to amortizing the debt service on the 11 pension obligation bonds issued in February '99? 12 As such, will the money that we save on debt 13 service be added to the General Pension Fund to 14 increase its funding level? 15

Mr. Herkness

Councilwoman, I don't know the exact answer to that, whether or not the debt service on the pension bonds would be included in that, but I think at the -- I think not, but I could get a precise answer for you on that.

Councilwoman Blackwell

Thank you.

Mr. Herkness

I think the projected 15-year rolling basis, the savings is matched compared against the original estimated contribution after the pension bond. So I'd have 252 2/13/01 - FY '02 OPERATING BUDGET to confirm that, so that they did a comparison of what the contribution would be expected after the bond.

Councilwoman Blackwell

Okay.

Mr. Herkness

And then if you then instituted a 15-year rolling amortization basis, then you would have X-amount of saving. This $189 million additional projection is that comparison, after the pension bond, what we expect to be paying, and if you instituted a 15-year rolling amortization basis, then what additional savings would the fund -- would the General Fund expect to incur in the out-years.

Councilwoman Blackwell

Thank you. You can get it to the Chair, and the President will let us know. Thank you.

Councilwoman Verna

Thank you. The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam Chair. Mr. Herkness, similar to the Council President, with all of us having put a lot of time and effort, and the credit still needs to be made 253 2/13/01 - FY '02 OPERATING BUDGET to Councilwoman Blackwell for raising this issue back a couple of years ago, after the issue had been raised for many, many year by the retirees. I'm also pleased to hear about the plan distribution as a result of the creation of the pension adjustment fund through legislative activities by City Council.

Councilwoman Blackwell

Thank you, Councilman.

Councilman Nutter

Well, fair is fair, Councilwoman, and that credit should be given where due. My recollection of the legislation, though, it had, I guess, many twists and turns, and there were various check points, and if you did X, you had to tell us Y, and if you did Z, you had to tell us A, and different things like that. And you and I have talked on occasion because, obviously, you know that I'm discerned about this. I seem to recall, though, that in the year leading up to any planned distribution, I thought that there was supposed to be certain reports made to Council, I guess, to keep us aware of what was going on with regard to the pension 254 2/13/01 - FY '02 OPERATING BUDGET adjustment fund, if there were going to be any distributions, what were they going to be, and why if there weren't going to be any distributions, why and what were we going to do about it, did we need to -- I think we even included a provision that if you didn't do something, we had the authority to step in and attempt to do something on our own. All that just kind of leading to, I do want to make sure that we follow the dictates and the provisions of the legislation, and if you could get the appropriate documentation related to this proposal to the Chair, I would greatly appreciate it. But overall, obviously, I'm pleased that the retirees will be getting this year, for the third consecutive year, some additional distribution above and beyond what their regular pension allows for.

Mr. Herkness

Yes, sir. We're putting together a report for Council on the Board's latest decision well in advance of what the law calls for, so you'll probably have that in a few days, actually.

Councilman Nutter

Okay, thank you. 255 2/13/01 - FY '02 OPERATING BUDGET

Council President Verna

Thank you. The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Good afternoon, gentlemen.

Mr. Bonavitacola

Good afternoon.

Mr. Herkness

Good afternoon.

Councilwoman Brown

Last year, you may recall, we had a conversation regarding minority and local firm participation, and you were kind enough to send a written reply last February 26th on that question, where you indicated that at that time last year, it was 10 percent of the funds that were managed by minority firms, and; 50 percent were managed by local firms. How are we doing this year, and where are we compared to last year?

Mr. Bonavitacola

Councilwoman Brown, the -- my name is Mark Bonavitacola. I just wanted to comment that it's probably about the same level. There are many different ways -- without being accused of Rob Dubow's accounting practices, there are different ways to measure participation, and it can be done 256 2/13/01 - FY '02 OPERATING BUDGET -- last year, we evaluated it based on the level of assets managed by each firm.

Councilwoman Brown

Okay.

Mr. Bonavitacola

The price that we pay, the fees that we pay range from 2 basis points to 125 basis points, so there's a big disparity in the fees that we pay based on the type of product that the individual manager manages for the fund. So we can look at it based on fees. So as of June 30th for the fiscal year ending 2000, minority firms were paid about 9 percent of the total fees for management, excluding custody. Non-minority firms, 22 percent of the fees, with the balance going to public companies. We also have about 55 percent of the fees being paid to local firms, which would include both minority and non-minority private firms.

Councilwoman Brown

And, again, "local" means the Philadelphia and the five-county area? Help me out.

Mr. Bonavitacola

And New Jersey as 257 2/13/01 - FY '02 OPERATING BUDGET well.

Councilwoman Brown

And New York?

Mr. Bonavitacola

New Jersey.

Councilwoman Brown

New Jersey. What do you do for outreach? For my own knowledge base, what kind of procedures, protocols, activities do you engage in to outreach to that community?

Mr. Bonavitacola

The fund has grown, as Joe Herkness just mentioned, to almost $5 billion in assets. And the difficulty that we have is that most minority firms are relatively small.

Councilwoman Brown

Okay.

Mr. Bonavitacola

So to address that, the Board has, and we funded subsequent to the year end, but August 1st, we funded something known as "The Opportunity Fund."

Councilwoman Brown

You discussed that in the correspondence last year. Go ahead, I'm sorry.

Mr. Bonavitacola

The total assets that we set aside were $100 million. We selected two firms to act as fund of funds managers, and 258 2/13/01 - FY '02 OPERATING BUDGET they in turn hired five minority local and small firms apiece to manage the $100 million allocation.

Councilwoman Brown

And you're pleased with that status of progress?

Mr. Bonavitacola

We have six months of experience so far.

Councilwoman Brown

Okay, all right.

Mr. Bonavitacola

And so far, so good.

Councilwoman Brown

Also -- and you don't have the benefit of this correspondence, so let me just read it. You stated in one of your paragraphs, and I quote: "The Board also invests in alternative investments, namely private equity funds. As of December 31, 1999, the Board had 1.56 million committed to funds, of which 18 23 million were committed to a minority-owned fund of funds. Now, commitment is one thing; action and implementation is another. Did you meet the commitment?

Mr. Bonavitacola

The type of investments that are covered by alternative investments, there are venture capital and other 259 2/13/01 - FY '02 OPERATING BUDGET private equity funds, the structure of the fund is such that they call capital over a protracted period of time. When they find an individual company to make an investment, we are committed to fund the investment. So it's really a timing issue. We're legally obligated to make that commitment. It's just a question of timing.

Councilwoman Brown

Gotcha. One last question. You also attached for review a spreadsheet, and it was very helpful, being only two months old at that time. The one thing I would ask for the future is, you list firms, but it doesn't show whether or not they are local or not -- well, that's not true; no, it doesn't. So it would be helpful to know of the firms that you currently do business with, 'cause those of us here are always anxious to know how much business are we doing with those who pay taxes, so it would be helpful to know what percentage or which ones of these very specifically are local firms and which ones are not.

Mr. Bonavitacola

There may be two spreadsheets. One of them breaks it down by 260 2/13/01 - FY '02 OPERATING BUDGET minority, non-minority, and publicly-owned companies.

Councilwoman Brown

Yes, yes, yes.

Mr. Bonavitacola

And I think the second spreadsheet broke it down to local versus non-local, or it may have even broken it down Philadelphia versus suburban Philadelphia versus outside of the area.

Councilwoman Brown

Gotcha. And they are the same. Okay, then. Thank you, gentlemen.

Mr. Bonavitacola

You're welcome.

Council President Verna

Thank you. Are there any other questions from members of the committee? (No further questions.)

Council President Verna

Thank you, gentlemen. I appreciate your patience.

Mr. Herkness

Thank you.

Mr. Bonavitacola

Thank you.

Council President Verna

Sinking Fund Commission? (Witness comes forward.)

Council President Verna

Good 261 2/13/01 - FY '02 OPERATING BUDGET afternoon. Kindly identify yourself for the record and proceed with your testimony.

Mr. Jannetti

Good afternoon, Council President. My name is Vince Jannetti. I'm the Secretary of the Sinking Fund Commission. I'm here on behalf of the Commission to testify on the Fiscal 2002 Operating Budget. The Commission's total budget request for Fiscal 2002 is 432 million. Of that, the General Fund request totals 192.6 million and includes 72.8 million for capital lease payments and 119.8 million for debt service and other designated expenditures. The 200 Class request from the General Fund provides for payments on lease facilities such as the Municipal Services Building, the Curran Fromhold Correctional Facility, the Criminal Justice Center, and this year provides funds for the Mayor's Neighborhood Transformation Initiative. The Water Fund request for Fiscal 2002 totals 157.9 million, all Class 700. And in Class 701, for interest payments, there's $93.5 million. This includes 222.9 million for general obligation 262 2/13/01 - FY '02 OPERATING BUDGET debt and 93.3 million for revenue bonded debt. The Water Fund requests for Fiscal 2002 also includes 6.3 million for the payment of a half a year's debt service on new bonds projected to be issued in October of 2001. The Commission's request from the Aviation Fund for Fiscal 2002 is 75.4 million. All Class 700 is provided for the payment of regularly scheduled airport revenue bond and general obligation bond debt service. The increase in the Class 701 line for interest payments on GO debt and revenue debt reflects the end of the capitalized interest period on the Series 1998 PAID airport revenue bonds. The Commission has a request of 6.2 million in the Car Rental Tax Fund to provide for interest payments on loans for new sports stadia. This concludes my written testimony. I'd be happy to answer any questions the Council may have.

Council President Verna

Thank you. Any questions from members of the committee? 263 2/13/01 - FY '02 OPERATING BUDGET (No questions.)

Council President Verna

Thank you very much. The City Treasurer. (Witnesses come forward.)

Councilwoman Verna

Good afternoon.

Ms. Olanipekun

Good afternoon, Madam President.

Council President Verna

We do have a copy of your testimony which we will give to the stenographer, and she would be more than happy to have it transcribed in full. So perhaps you can abbreviate your testimony.

Ms. Olanipekun

Sure.

Council President Verna

Thank you.

Ms. Olanipekun

Should I abbreviate our budget request or the --

Council President Verna

No, I think we'll listen to that.

Ms. Olanipekun

I'm sorry?

Council President Verna

We'll listen to your budget request.

Ms. Olanipekun

Oh, okay. The Treasurer's Office total budget 264 2/13/01 - FY '02 OPERATING BUDGET request for Fiscal Year 2002 is 936,084, which is a reduction of 21,744 from estimated '01 obligations, and this is as a result of eliminating nonrecurring bonuses that occurred in Fiscal Year '01. In the 100 Class expenditures, we have employees, which is the same as the Fiscal Year 9 '01 Budget. Eighty-four percent of our budget is 10 for salaries and -- salaries and health benefits. 11 Under the Class 200 expenditures, we're 12 requesting 116,938, the same as our Fiscal Year 13 2001 estimated obligations, and these are 14 professional services, rental of computer 15 equipment, postage dominates this component. 16 And under the Class 300/400 17 expenditures, we are requesting 28,233, which is the same as our 2001 budget, and this will cover office supplies, the cost of printing the envelopes that we use to mail the City checks, purchase of computer software, and maintaining our basic office equipment. Okay, and what I will do in the interest of time is talk about what our financings are for the upcoming fiscal year. We're 265 2/13/01 - FY '02 OPERATING BUDGET anticipating in February of 2001, through PAID, to issue about $103 million in commercial paper to fund the cost of certain repairs and improvements to the Vets Stadium and to provide bridge financing to certain City obligations with respect to the building of two new stadiums. In May of 2001, PAID, on behalf of the City will issue about $304 million in bonds to fund the City's obligations of the cost of building two new stadiums. In April, it is anticipated in April of 2001, PGW will issue approximately 75 to about $100 million in revenue bonds to finance the costs of certain capital projects, including acquisition, construction, improvement, or replacement of pipes and pipelines. In 1998, the City issued about $443 million in general airport revenue bonds through PAID to construct two new terminals at the airport, Terminal and Terminal F. We have to issue an additional $150 million in completion bonds to complete the project, and we are anticipating to issue that sometime in late April. And in May of 2001, the RDA, on behalf 266 2/13/01 - FY '02 OPERATING BUDGET of the City, will be issuing its first tranche of an aggregate $250 million bond issue. The proceeds will fund the cost of the Mayor's Neighborhood Transformation Initiative program. And in the fall of 2001, the Water Department anticipates issuing about $250 million of revenue bonds to fund ongoing capital projects and improvements. The Treasurer's Office continues to negotiate aggressively with bond and underwriters counsel to obtain high levels of professional services, while holding a line on fees and compensation. And we intend to continue to monitor these closely in upcoming fiscal years. If there are any questions on my testimony, which I tried to abbreviate, I'm more than happy to answer that.

Council President Verna

Thank you, we appreciate that. You did indicate that there will be seven financings.

President Verna

I believe in Fiscal 2002? 267 2/13/01 - FY '02 OPERATING BUDGET

Ms. Olanipekun

Right.

Council President Verna

Can you tell us what they are?

Ms. Olanipekun

Well, the first financing we're going to issue in 2002 will be the tran. We do that every year. That is our one-year note, which is to -- we borrow the funds in anticipation of certain revenues that we receive in January, February, and March of the subsequent calendar year.

Council President Verna

Mm-hmm.

Ms. Olanipekun

And that's going to be the first financing. Typically, some of our ancillary agencies and authorities, like the Hospitals Authority or the RDA or the Parking Authority come to us periodically to request for debt issuances. And over the last three fiscal years, it averaged out to about two per agency. So I'm estimating they may have about two financings each. I don't know exactly what they are, but if -- this is just an educated guess based on prior borrowing activities.

Council President Verna

Thank you. 268 2/13/01 - FY '02 OPERATING BUDGET The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam Chair. And may I ask the Chair if I could have the gentleman from the Sinking Fund Commission back? Some of my questions are relevant to him and the Treasurer. (Witness comes forward.)

Councilman Nutter

Good afternoon, Mr. Jannetti.

Mr. Jannetti

Good afternoon, Councilman.

Councilman Nutter

On the first of your testimony, you talk about the increase in your 200 Class reflects the elimination of a one-time savings realized in Fiscal 2001 on the Criminal Justice lease revenue bonds and the provision of funds for the Mayor's Neighborhood Transformation Initiative. How much are these funds for the Mayor's Neighborhood Transformation Initiative?

Mr. Jannetti

It's $18.8 million, Councilman.

Councilman Nutter

18?

Mr. Jannetti

.8 million. 269 2/13/01 - FY '02 OPERATING BUDGET

Councilman Nutter

.8. And is that just the debt service on the blight elimination funds?

Councilman Nutter

All 18.8 million?

Councilman Nutter

The Treasurer's testimony seems to indicate that -- I guess I was under the impression last year, when there was some discussion about this, that we needed about $18 million a year in debt service to fully support a total of $250 million in blight elimination bond obligation; is that correct?

Councilman Nutter

Okay. But from the other testimony, I think it's fairly clear that we will not be issuing at one time $250 million in debt for the blight elimination bonds; is that correct?

Ms. Olanipekun

That is correct, Councilman.

Councilman Nutter

Okay. So why do you need the full amount of the debt service if you're not going to issue all of the bonds at one 270 2/13/01 - FY '02 OPERATING BUDGET time?

Council President Verna

Excuse me, Mr. Dubow. For clarification, if my memory serves me correctly, wasn't the debt service million? 6

Ms. Olanipekun

Mm-hmm. The reason 7 why it's 18.8, you have to -- the market 8 fluctuates, and so you sort of need a little 9 cushion if you don't know whether rates are high. 10 When rates go high, you have to borrow less, so 11 you're leaving a cushion in there to allow for the 12 adjustment in the market. So at 18.8. The 13 cushion is 200,000 -- I'm sorry, it's 1,200,00. 14

Council President Verna

Was that 15 included in the budget? Because I believe in the 16 budget, it said $20 million. 17

Mr. Dubow

No, it's 18.8. The first 18 year, the way it's set up in the plan, the first 19 year -- 20

Council President Verna

I'm sorry, Councilman. I just wanted some clarification.

Mr. Dubow

In the first year, it's 18.8, and then it goes up to 20 in the out-years of the plan. And then to your question, Councilman 271 2/13/01 - FY '02 OPERATING BUDGET Nutter --

Councilman Nutter

Right.

Mr. Dubow

-- at the time we were putting together the budget, there were still a number of scenarios being discussed for how the bonds would be issued. We wanted to make sure that we had enough appropriation power in the Sinking Fund in case the whole amount was issued. And one of the things that I think we talked about at last week's hearing was that if indeed we wind up issuing in tranches and require less than the 18.8 million in '02, we would propose to come back to Council and to transfer some of that funding over to other Neighborhood Transformation Initiative programs.

Councilman Nutter

Well, let me try to get an understanding of -- so what is -- I mean, as we speak, the May 2001 anticipated borrowing, I'll get into other items related to that in a second. What do you expect the size of that offering to be?

Ms. Olanipekun

Anywhere between 75 to $100 million.

Councilman Nutter

And what will we do 272 2/13/01 - FY '02 OPERATING BUDGET with that money?

Ms. Olanipekun

Councilman, they're still working on the plan. In terms of how the -- there are different categories in what this financing will fund, including mortgages, encapsulation of buildings, razing of buildings. And in terms of exactly what portion of the first tranche is going fund, there are still -- the Mayor is -- the Department of -- what is the name of the department?

Councilman Nutter

The Office of Neighborhood Transformation.

Ms. Olanipekun

The office of Transformation Initiative is still working on the plan, but the estimate is about $100 million in the first tranche, and they are still determining how it's going to be apportioned over the various sub categories within the plan. They're still working on the plan.

Councilman Nutter

And what do you anticipate to be the rest of the financing schedule with amounts?

Ms. Olanipekun

It primarily depends on the spend-down rate. As you know, under 273 2/13/01 - FY '02 OPERATING BUDGET municipal debt, you have three-year spend-down requirements, and the second tranche will be, in part, dependent on how quickly the funds are drawn down. So that we don't have any arbitrage exposure, or we have a minimal arbitrage exposure.

Councilman Nutter

Okay, well, I can appreciate that, but, I mean, what's the period of time, I guess, over which you expect a total of $250 million in debt to be issued?

Ms. Olanipekun

2003 is when the entire issue -- the entire amount will have been issued, Fiscal Year 2003.

Councilman Nutter

Well, let's go back to your previous answer. You issue the 75 to 100 in May '01.

Ms. Olanipekun

Correct.

Councilman Nutter

And you said you have to spend that money within three years.

Ms. Olanipekun

Right.

Councilman Nutter

That takes you to, I guess, May '04.

Ms. Olanipekun

Arguably, you can spend it in six months. I mean, the window is three years. 274 2/13/01 - FY '02 OPERATING BUDGET

Councilman Nutter

Right, the max.

Ms. Olanipekun

Max, that is correct.

Councilman Nutter

AND you're saying that no later than May '03, you expect the other -- what is that -- 75 to 150.

Ms. Olanipekun

To be issued.

Councilman Nutter

To be issued. And do you expect that all of that will be done at one time, or do you expect to break up the pieces of that as well?

Ms. Olanipekun

Again, whether there's going to be two or three tranches really depends on -- it's very hard to answer this question definitively since, one, the plan is not complete; two, we haven't issued the debt. So, you know, what you plan to do in terms of spending may in fact not happen, which has been demonstrated in other bond financings. We anticipate it through the second tranche in '03. Now, whether that happens depends primarily on when we issue the first tranche and how quickly we spend those funds down. So I don't want to-- I'm sort of reluctant to frame the financing calendar because 275 2/13/01 - FY '02 OPERATING BUDGET there's so many variables that haven't been tied down yet. And I hope I'm not trying to be evasive on this.

Ms. Davis

Councilmember, there's also another complicating factor.

Councilman Nutter

I'm sorry, let me get in position to deal with the Director of Finance. It's a totally different posture I need to deal with her.

Ms. Davis

There's also another complicating factor in that there is -- there will be among one or both of these tranches potentially private activity bonds and also a taxable component, because there are some items that do not fit the strict definition of the normal municipal bond. So that complicates how quickly these funds will be spent and then what the drawdown schedule needs to be. For that piece that's tax-exempt, there is, as you know, no three-year spend-down limit, so those could potentially be held longer.

Councilman Nutter

Is it fair to say that --

Councilwoman Blackwell

Excuse me, 276 2/13/01 - FY '02 OPERATING BUDGET Councilman. May I follow up on your question?

Councilman Nutter

Yes. I'm sorry. I couldn't see you.

Councilwoman Blackwell

You mentioned three years. Is there also a formula with regard to the outstanding debt that remains for each of these projects, for example, mentioned in the Sinking Fund categories?

Ms. Olanipekun

Is your question whether or not the proceeds have been spent?

Councilwoman Blackwell

No -- okay, you said there's a three-year maximum. So in terms of how much you borrow or file to borrow each time, does it have to be a certain percentage of what the whole debt is you want or --

Ms. Davis

No, ma'am.

Ms. Olanipekun

No, no, it doesn't. The three-year requirement that I alluded to is a tax requirement, and basically what it says in short is that when you issue debt, you are required to spend the proceeds within three years or you're subject to some tax rebate liabilities, meaning you have to give the IRS back some money. And one of the things you don't do is try to issue 277 2/13/01 - FY '02 OPERATING BUDGET more than you can reasonably expect to spend down. And there are a number of exceptions, like for airport projects and the like, but that's the basic rule.

Councilwoman Blackwell

Thank you, Councilman.

Councilman Nutter

Sure.

Council President Verna

Could I follow up on that, Councilman?

Councilman Nutter

Absolutely. The President always gets --

Council President Verna

Thank you. What is the status of the Parking Authority garage funds for the Walnut Street Garage and the DisneyQuest at Eighth and Market project? Aren't we getting very close to three years?

Ms. Olanipekun

That is correct, Council President Verna. The last information I have with respect to the Walnut Street Garage is that there is some litigation with respect -- litigation by some of the community groups with respect to the design of the garage, particularly the facade and 278 2/13/01 - FY '02 OPERATING BUDGET whether or not the community wants the theater to be a part of the multi-use facility. And to be quite frank, I don't know what the disposition is of the litigation. We can get that information for you. But there has been some -- last time I followed through on this, there was pending litigation by the community developers. And you're correct about the three- year window coming to a close. The Walnut Street bonds for the Parking Authority, they were issued in 1999, if I'm correct. And you're right, 2001, we're coming up on the three year spend-down required, as with Disney.

Council President Verna

But the litigation doesn't stop the clock from ticking.

Ms. Olanipekun

No, it does not. It stops us from really spending the money because we can't continue the project unless these issues are resolved. So there is an arbitrage issue.

Council President Verna

How about Eighth and Market?

Ms. Olanipekun

Same thing. Those bonds were issued in May of 1999 and we are coming 279 2/13/01 - FY '02 OPERATING BUDGET up on the 3-year window with respect to the spend-down requirement.

Council President Verna

Well, there's not any spending litigation on that, is there?

Ms. Olanipekun

To my knowledge, there isn't any pending litigation on that matter.

Council President Verna

Councilman Nutter?

Councilman Nutter

All right. Thank you, Madam Chair. I'll have to remember that litigation strategy for the next time I have a problem with a project. Again, back to the bonds. Is it fair to say that what we as a city -- I mean, what the Mayor and the Chief of Staff and the Director of the Office of Neighborhood Transformation and the Planning Commission and possibly the Office of Housing and any other agencies to be involved, some input from City Council. Is it fair to say that what we plan to do with all $250 million and its various pieces is what should drive and help decide how much debt is authorized, in what form, and what our anticipation is as to what we would 280 2/13/01 - FY '02 OPERATING BUDGET actually do with it before we actually go and issue the debt? I mean, don't you need the plan components to understand what's driving the train?

Ms. Olanipekun

That is absolutely correct, Councilman, and that is why we haven't issued the debt yet. We're still working on the plan of the project.

Councilman Nutter

Well, I understand that, but then let me ask this question. You have in your testimony that you're expected in May of 2001 to issue this first tranche of debt. Is there a scenario in which the debt financing could be done and the details of the plan not finalized?

Ms. Olanipekun

No, Councilman. And as a former investment banker, you can appreciate this. When you issue debt, there has to be a plan of finance and there has to be a project for which the proceeds will be used for. And you can't just issue debt based on some idea of a plan. It has to be pretty much concrete. You have a story to tell when you're trying to sell the debt. So it is very unlikely, sir, that the 281 2/13/01 - FY '02 OPERATING BUDGET debt will be issued without a concrete plan.

Councilman Nutter

Okay. For any -- for all or any of the $250 million and at least, again, the May '01 anticipated first financing, does that need City Council approval?

Ms. Olanipekun

Yes. All financings, bond financings, that are done by the City require Councilmatic action.

Councilman Nutter

Okay. And how did you make the decision to do the financing through the Redevelopment Authority as opposed to the City general obligation debt?

Ms. Olanipekun

One of the challenges, as you know, the City has is a constitutional debt limit, and the Neighborhood Transformation Initiative program is one of the programs of this administration and the Mayor is committed to doing. And as with many other types of financing the City has engaged in, one of the policy decisions that was made was to go through the Redevelopment Authority to preserve the debt limit of the City.

Councilman Nutter

What do you anticipate to be City Council's role in the debt 282 2/13/01 - FY '02 OPERATING BUDGET issuance?

Ms. Olanipekun

They have to approve the ordinance which authorizes the issuance of the debt.

Councilman Nutter

And will there be a various lease or contractual documents between the City and the Redevelopment Authority about the use of the funds and -- neither.

Ms. Olanipekun

A service agreement. There will be there will be a service agreement between the City and the Redevelopment Authority. And in the service agreement, among other things was set forth the use of the proceeds, the responsibilities of the City, and the responsibilities of the Redevelopment Authority with respect to the plan.

Councilman Nutter

And who will have jurisdiction over these funds?

Ms. Olanipekun

The trustee.

Councilman Nutter

The Redevelopment Authority?

Ms. Olanipekun

With any bond proceeds -- any bonds transaction, the trustee holds the fund, serves in trust for the bondholders to make 283 2/13/01 - FY '02 OPERATING BUDGET sure that the funds are spent according to the purpose for which the debt is issued. So the Redevelopment Authority, nor the City will have jurisdiction over the funds. So we would have to follow the service agreement literally to the T in order to expend the monies. And obviously, the service agreement will become a part of the ordinance package that's submitted to City Council.

Councilman Nutter

Suppose I wanted to access some of these funds, who would I talk to, the trustee?

Ms. Olanipekun

No. You couldn't do that.

Councilman Nutter

Okay.

Ms. Olanipekun

The trustee has a fiduciary responsibility to the bondholders make sure that the funds are spent in accordance with the indenture in the service agreement. So you could not do that, or else I'd be in Fiji right now.

Councilman Nutter

I'm sorry?

Ms. Olanipekun

Or else I'd be in Fiji right now. 284 2/13/01 - FY '02 OPERATING BUDGET

Councilman Nutter

Well, I understand that, but we'd probably find you. But I guess, kind of seriously, who will have -- I mean, who decides how the money gets spent and what gets done with what and who gets -- I mean how do you -- how do you apportion it out?

Ms. Davis

That's going to be one of the many details that have to be worked out as the NTI is fleshed out and the plan fully developed. The method for accessing the funds, who will have signoff, and what signoff then goes onto the trustee, some of the details that we haven't worked too gets in.

Councilman Nutter

And what's our role in that process?

Ms. Davis

Again, your role in that process, depending on whether it's something that's appropriated, the decision is made that the work be appropriated through L&I or however, and we've made a commitment to do it through L&I. There would be some approval process because the appropriations would have to be approved. Again, the service agreement would come to City Council 285 2/13/01 - FY '02 OPERATING BUDGET prior to --

Councilman Nutter

I hate to cut across you, but, I mean, was there an option somewhere that it would not be the Department of Licenses and Inspections?

Ms. Davis

There had been some discussion that perhaps the work would be contracted through RDA and not through L&I, but we've committed to go through L&I.

Councilman Nutter

Okay. I think that's all my questions in that area. Although for all of these financings, and we have been talking a lot over the past year about the City's debt limit, tell me what if any effect do all of the financings that are mentioned on have on the City's debt limit, if any. I think there are six of them listed.

Mr. Dubow

Yeah, none of the ones listed on have any impact on our constitutional debt limit.

Councilman Nutter

What impact do they have on either the General Fund or the Five-Year Plan? I mean, I'd like to think that we have an unlimited capacity to borrow money either on our 286 2/13/01 - FY '02 OPERATING BUDGET own or through others and just, you know, have a tremendous debt service in the Sinking Fund and keep Mr. Jannetti, you know, very busy, but, I mean, what's the --

Mr. Dubow

For the two PAID issues.

Councilman Nutter

What's the total on these six financings?

Mr. Dubow

Oh. The PAID issues, the stadium issues total 304 million. And that's about, I think, million a year in debt 12 service. That's included in the plan. 13 Now, the PGW debt, obviously, is not 14 General Fund debt. 15

Councilman Nutter

Right. 16

Mr. Dubow

The airport revenue bonds 17 are paid out of the Aviation Fund. 18

Councilman Nutter

Right. 19

Mr. Dubow

The RDA NTI bonds are 20 General Fund payments, and those are included in the plan as we discussed. And then the Water Fund payments come out of the Water Fund (inaudible).

Councilman Nutter

Okay. All right. Thank you very much. 287 2/13/01 - FY '02 OPERATING BUDGET Mr. Jannetti, at the bottom of your testimony, it talks about the Fiscal Year 2002 requests, and this line item, in talking about a previous line item, includes possible payments on the Philadelphia Parking Authority Series 1999 and Series 199-A which provided construction funds for the garages, which you had some discussion about earlier. What do you mean by "possible payments"? I mean, you either you have them or you don't, right?

Mr. Jannetti

These two bond issues had a debt service reserve fill-up. The City guarantees the debt service on those bonds. So to the extent that they cannot pay the debt service, we are required to do so. So we're not quite sure exactly how much it's going to cost us.

Councilman Nutter

Okay. And are you also the holder of the car rental tax proceeds?

Mr. Jannetti

Not the holder of them.

Councilman Nutter

Okay. Well, you have "car rental tax fund" on your testimony. Now, you know, Mr. Jannetti, you know if you write 288 2/13/01 - FY '02 OPERATING BUDGET it down in your testimony, you know I'm going to ask you about it, you know that. You've been around the block a couple times. Why don't you tell me a little bit little bit about that.

Mr. Jannetti

The car rental tax funds are funds, you know, to be used for payment on stadium bonds when they're built. I mean other than that, I. . .

Councilman Nutter

So you're making the payments?

Mr. Jannetti

Yes. I would -- yes. Any bond to the City, the Sinking Fund Commission does the payments.

Councilman Nutter

Okay, all right. It is what it is. Okay, thank you. Thank you, Madam President.

Council President Verna

The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam Chair. Thank you, Councilman Nutter. Not a question but a comment for our City Treasurer, in reaction to Paragraph 3, of your testimony. And you're confident that the 289 2/13/01 - FY '02 OPERATING BUDGET City will maintain its favorable long-term credit raying. We're encouraged by your confidence and hopeful that that will continue under your watch.

Ms. Olanipekun

Thank you very much, Councilwoman.

Councilwoman Brown

You're welcome.

Council President Verna

Thank you. Any other questions or comments of this witness? (No further questions.)

Council President Verna

Thank you very much. Procurement. (Witness comes forward.)

Council President Verna

Commissioner, thank you for your patience. COMMISSIONER APPLEBAUM: Good afternoon.

Council President Verna

Good afternoon, Commissioner. COMMISSIONER APPLEBAUM: Good afternoon, Madam President and members of City Council. I am Louis Applebaum, Commissioner of the Procurement Department. With me today, and 290 2/13/01 - FY '02 OPERATING BUDGET not sitting here, are Deputy Commissioner Harry Hillock, Administrative Services Director Debbie Beatrice, and MIS Director Alice Dionne. Also in the audience, there were members -- there's a few left -- of the Procurement Department staff who were invited to experience the Department's budget process, and I would like to take this opportunity to acknowledge the hard work and dedication of all of our employees in the Procurement Department. I am presenting for your consideration the Procurement Department's Fiscal Year 2002 budget request. You have my full testimony and I will briefly summarize the highlights. We are requesting a General Fund appropriation level of 5 million. This represents a decrease of $100,000 from last year. The mission of the Department is to obtain quality goods, services, and construction in a timely, cost-effective, and professional manner through a competitive, fair, and socially-responsible process in accordance with the law. Our major accomplishments during the past year, we have implemented a new bid information Web site, which provides notice to 291 2/13/01 - FY '02 OPERATING BUDGET vendors of bidding opportunities. The site has (inaudible, sound system failure).

Council President Verna

One moment, sir.

Councilman Nutter

Great sound system you brought us. Thank you so much. COMMISSIONER APPLEBAUM: Remember, it's the lowest vendor. In addition, necessary forms, instructions, and a vendor's guide on how to do business with the City of Philadelphia are available to view and print. We believe that this site has great potential for reducing bid package preparation, postage costs, and we can increase competition through greater access to bid notices from additional vendors outside of our region. A formal debarment policy was established where the City may suspend the vendor from bidding for up to six months while an investigation is made to determine if there was sufficient cause for disbarment. If the City finds there are sufficient grounds for sanctions, the City may debar a vendor from bidding for a maximum of three years. 292 2/13/01 - FY '02 OPERATING BUDGET As part of the Mayor's 40-day initiative to eliminate abandoned vehicles from City streets, Procurement successfully worked with the Managing Director's Office and the Police Department to procure salvers to remove and dispose of the abandoned vehicles. We continue to administer a program to recapture from the Commonwealth of Pennsylvania sales and use tax paid by public works vendors doing business with the City. 9 million in gross revenue. Procurement has a number of current objectives. The Electronic Voting Machine Procurement Committee is dedicated to completing the procurement of new electronic voting machines in accordance with the November 3, 1998 voter referendum mandating this initiative. The Department released the requests for proposal for the purchase of direct-recording electronic voting machine system, and vendor submissions have been evaluated. Currently, negotiations with the 293 2/13/01 - FY '02 OPERATING BUDGET selected vendor, Danaher Corporation, are ongoing, and it is anticipated -- hopefully anticipated -- that the new voting machines will be used in the November 6, 2001 election. As part of the Mayor's Neighborhood Transformation Initiative, Procurement has the major responsibility to conduct competitive bidding for the program demolitions. The Public Works Division is finalizing the first update to the standard contract requirements that are a part of the City's construction contracts. This document, which has not been revised in over 14 years, is being rewritten in conjunction with the 15 Law Department and various other City agencies. 16 When completed, the document will reflect modern 17 terms and conditions. 18 The Procurement Department is also 19 continuing to explore e-procurement opportunities 20 and the use of the Internet to improve the efficiency of the bid process and increased vendor competition in a number of areas. We are planning to pilot an online dynamic pricing bidding process, using the services of an application service provider, and expect a cost saving on 294 2/13/01 - FY '02 OPERATING BUDGET certain commodities. This is a program that's currently under -- in use by the Commonwealth of Pennsylvania. It's basically a reverse live auction on the Internet. There's a vendor, a company called "Free Markets" that we are dealing with, that hopefully will be the vendor that we will work with to accomplish that. As an expansion of speed, we are planning to automate the initiation and approval of requisitions to improve work-flow tracking and to include automatic tasks alert via e-mails. Other new features will include the availability of online vendor catalogs, contract documents, price lists, and notification to vendors via e-mail. Within the next few months, online ordering from Staples, the City's office supplies vendor, will be implemented. The City will receive an additional 2 percent discount on orders placed via the City's Internet. Madam President, this concludes my testimony, and we will be glad to answer any questions you or the other members of City Council may have regarding this testimony.

Council President Verna

Thank you, 295 2/13/01 - FY '02 OPERATING BUDGET Commissioner. The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Thank you, Madam Chair. The Administration is requesting a transfer of funds that are needed to cover the shortfall in the amount budgeted for the maintenance expense of existing voting machines resulting from the, as I learned today, the unexpected delay in the contract negotiations for the purchase of electronic voting machines. Could you elaborate on the delays and how much money we're talking about to keep the existing machines operational? COMMISSIONER APPLEBAUM: Well, we have been negotiating with Danaher. It's been quite an --

Councilman Rizzo

Could you pull that a little closer to you. COMMISSIONER APPLEBAUM: It's been quite an extensive, long, drawn-out process. The Law Department -- we've worked with the Law Department, and there's been some significant concerns and problems with the legal 296 2/13/01 - FY '02 OPERATING BUDGET documents. The Solicitor's Office is trying to bring it to a close, and hopefully, they be able to do such. We have also had some pricing issues, where the vendor has attempted to, in midstream, sort of change the pricing arrangements that have not been satisfactory to our committee, and we are working on that issue. Also, we are getting feedback from other jurisdictions of some problems that they had with those machines during the past election. So we are studying it, we are concerned, and we are not -- we're not going to allow the City of Philadelphia to make a mistake, similar to many other jurisdictions who have purchased voting machines. We're being very conservative and very cautious. So, therefore, the need to maintain our current inventory of machines, the lever machines, is necessary to ensure that we continue to have the voting availability. We will need to maintain those machines until we have completed the Danaher process, if it's completed.

Councilman Rizzo

How much money? 297 2/13/01 - FY '02 OPERATING BUDGET COMMISSIONER APPLEBAUM: I'm not sure of the amount. The City Commissioners probably had that in their budget transfer, and I'm not really sure what that amount is.

Councilman Rizzo

Is it realistic to think that we can have these machines -- I mean, if it's not, I think it's good to tell us now. November 6, 2001, to have these machines, that doesn't sound -- if we're not even -- if you don't even have a deal done -- COMMISSIONER APPLEBAUM: Well, the deal is done, the RFP was accepted. The signed contract has not been completed. It has always been our goal to complete the transaction to have them available for the election of November 6th of 2001. As each day passes by, that becomes less and less probable. I would say that if we do not conclude, finalize the agreement by the end of February, we will not make that November 6th election date.

Councilman Rizzo

Now you know how we felt with the stadiums. COMMISSIONER APPLEBAUM: I know that. 298 2/13/01 - FY '02 OPERATING BUDGET But realize, we are spending $18.5 million. We are developing a practice that we're going to have for the next or years, so we want to make 5 sure very sure that we don't make a mistake. 6

Councilman Rizzo

My next question is 7 -- and I've had a conversation with the Board of 8 Education, and I know that I've had this 9 conversation with you in the past. Could you 10 describe the relationship that you have with the 11 Board of Education in an effort to try to use your 12 buying power. They buy the same flashlight that 13 the Water Department buys, they buy the same 14 rubber boots that the Water Department buys. They 15 buy thousands and thousands and thousands of items 16 that are similar to other operating departments. 17 And I understand that that relationship is far 18 from where it should be, but that there is some 19 minimum contact between you and the School 20 District, but not to the point where it is beneficial to both -- to the School District. Could you describe the relationship -- COMMISSIONER APPLEBAUM: You are absolutely correct. I would have to say that there really is no relationship. 299 2/13/01 - FY '02 OPERATING BUDGET There happens to be one contract that I'm aware of. I think that's a fuel or an oil contract that we have that we do share. I don't believe there are any others. Realize that we both -- and not to make an excuse, but the School District and the City of Philadelphia operate under different rules and regulations. We're governed by the City Charter, and the school districts are governed by some other State laws. That doesn't mean that we shouldn't. And we have had -- in some of the initial transition committee reports, there was suggestions that there should be a better alliance and maybe a combination of those two agencies, the City and the School District when it comes to procurement. That's been discussed, but there hasn't been really a lot of work on it. And I believe that in the future, there definitely should be a close combination of those two departments to buy products for both.

Councilman Rizzo

Well, I think it's a shame that we have a school district as big as we have and we have a purchasing department -- from what I understand, your procurement department 300 2/13/01 - FY '02 OPERATING BUDGET does an outstanding in cutting the best deals that are humanly possible, from automotive batteries to you-name-it, the same things that the School District purchases. Who would you suggest -- you know, I hate to always pass it to the second floor, but does it require the Mayor or the City of Philadelphia to demand that these economies be discussed? Because I think it's embarrassing. Nobody's going to complain. You talked about the City Charter. If you start saving the citizens of Philadelphia money, I don't think you're going to hear too many complaints from them about violating the City Charter. And if that does violate the City Charter, we need to fix it. Because we have all of these agencies that could benefit from what you have already accomplished in buying and doing the best deals that are humanly possible. You talked about Staples. Well, the School District doesn't use office supplies? I know the kids don't have pencils and pens, but I hope the administration and the offices do. So my point being that we really need -- if it takes the Mayor to jump up and down, 301 2/13/01 - FY '02 OPERATING BUDGET maybe that's what we need to do. I'm disappointed that it hasn't moved forward. COMMISSIONER APPLEBAUM: Well, let me thank you on the compliment. It's much appreciated. And we do -- the Procurement Department has done an excellent job in bringing our costs down. The School District also has their department, and I'm sure they do good job too. They buy their office supplies from Office Depot and we're familiar with their pricing. We buy from Staples. I believe if they were one large contract, we would -- either Staples or Office Depot, we would certainly earn a better price. Janice Davis, the Finance Director is aware of the problem of how we're trying to put us together.

Councilman Rizzo

Is it a fair statement, before the Finance Director speaks, if you're going to be buy 500 of something from one vendor and the School District is going to buy 500 from a different vendor, then if we bought 1,000 from one vendor, we'd most likely get a better price. 302 2/13/01 - FY '02 OPERATING BUDGET COMMISSIONER APPLEBAUM: That's called supply and demand, and we would as long as we would pay for it. You're absolutely correct.

Councilman Rizzo

I haven't heard too many complaints. I remember the days when people would be calling here, begging to get paid. I haven't had that happen in a week. (Laughter.)

Ms. Davis

And the Accounting Department thanks you for the compliment. Councilmember, it's one of the things that the Administration is reviewing, consolidation of services with the School District and with other quasi-City agencies, because we're certain that there are certain efficiencies that can be gained by consolidating our services. So we're looking at those areas where we do something well or perhaps one of the other agencies does something well for opportunities to consolidate and cut costs across government.

Councilman Rizzo

So you're telling me that we don't need to do anything, and if next year at this time, we ask the question, we're not going to hear the same answer. 303 2/13/01 - FY '02 OPERATING BUDGET

Ms. Davis

We will have at least looked at it and decided that it was feasible or not feasible because that is one of the ways we intend to help the School District manage its deficit is by cutting cost, and that would be an opportunity to cut their costs.

Councilman Rizzo

Thank you. Thank you, Commissioner. COMMISSIONER APPLEBAUM: Thank you.

Councilman Rizzo

Thank you, Madam Chair.

Council President Verna

Thank you. The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam Chair. Mr. Applebaum, I want to go back for a few moments to voting machines. As you know, Council passed the necessary legislation to get the question on the ballot, and the voters approved this measure a number of years ago, and I was pleased to be involved in that. And obviously, this was way before any of the unfortunate activities down in Florida last year. Did I understand your testimony that 304 2/13/01 - FY '02 OPERATING BUDGET you've gone through the RFP process, a company responded, or maybe a number of companies responded, and you picked one based on their bid? When was that? COMMISSIONER APPLEBAUM: The -- well, let me step back for a minute. It was not a competitive bid where we had to take the lowest responsible bidder; this was an RFP that would lead to negotiations.

Councilman Nutter

To negotiations, right. COMMISSIONER APPLEBAUM: Also, the other important factor is that the City of Philadelphia must select a vendor that has equipment that is certified by the Commonwealth of Pennsylvania.

Councilman Nutter

Right. COMMISSIONER APPLEBAUM: There was only two vendors who had what call "full-ballot direct-recording electronic machines" that we could choose from. One was Danaher, one was Sequoya (ph.). We selected Danaher because there was a significant difference in price. The bottom line for Danaher was 18.5 million; the price for 305 2/13/01 - FY '02 OPERATING BUDGET Sequoya was in excess of million. So we selected Danaher and we started negotiations with them, I'm going to say, approximately six or seven months ago. And we have had ongoing negotiations. It's been a very difficult, stressful time. It was during the course of negotiations that the Danaher Corporation, which is a major New York Stock Exchange company was considering selling the voting machine division. So that put a stop in the negotiation, and we lost maybe two months during that period. We are now at a point in time where we're getting a lot closer. The legal department -- there was a lot of problems on warranties, acceptances, damages, indemnifications, and we're getting through that. And as of my discussion with the Law Department this morning, they feel confident that the last draft that they issued is going to be the end of that. And the next issue is to make sure there's a -- an understanding of the price 'cause we -- it's my opinion the price that they presented to us is the price of what was in our 306 2/13/01 - FY '02 OPERATING BUDGET RFP. We're having a little difference of opinion on that right now.

Councilman Nutter

Well, in that regard, if that is the case, I mean, I don't know any of these people. I'm aware of the general process that you have to deal with vendors that are on the approved list, and then we decide what kind of machine we want. If in the course of these protracted, difficult, painful negotiations and -- that sounds like it's primarily on the scope of service and warranties and the like. If we've now gotten down to potential change in price, I mean, does that create an environment in which we, if we have the right to do it, do we need to explore what our rights are in terms of other negotiations or in other discussions with any other companies. I mean, we need to wrap this up at some point in time. COMMISSIONER APPLEBAUM: If we come to the conclusion -- that's the committee that's working on it and the City Commissioners who are playing an active role in this, if we come to the conclusion that we don't want to complete this 307 2/13/01 - FY '02 OPERATING BUDGET process with Danaher, we will terminate that total program and go to the next vendor and start working with them. That's our own -- that's our only option. Or the third option, which I don't think would be amenable to anybody, is just start over.

Councilman Nutter

Start over. COMMISSIONER APPLEBAUM: And starting over won't accomplish anything because we're still with the same two companies right at this point in time.

Councilman Nutter

Right. COMMISSIONER APPLEBAUM: Now, of course, there's a lot of discussion that there's new technology being developed in many companies. I know Unisys, IBM, and Dell are working on a new program, but we have to realize before any equipment can be used by the City of Philadelphia, it must be through the Commonwealth's program.

Councilman Nutter

Right. COMMISSIONER APPLEBAUM: And that can take a year or longer.

Councilman Nutter

Sure, right, I 308 2/13/01 - FY '02 OPERATING BUDGET understand. Okay, you'll keep us informed. COMMISSIONER APPLEBAUM: Absolutely.

Councilman Nutter

Thank you. On of your testimony, in the Major Purchasing Projects section, it reads, "Additionally, as part of the Mayor's Neighborhood Transformation Initiative, Procurement has the major responsibility to conduct competitive bidding for program demolitions." Can you tell us a little bit about that. What does that mean and what will you be doing? COMMISSIONER APPLEBAUM: Well, part of that program will consist of demolition of existing properties.

Councilman Nutter

Mm-hmm. COMMISSIONER APPLEBAUM: Demolition bidding is handled through the Procurement Department, and we will be conducting on a periodic basis the issuance of the bid documents and the opening of the bids and making the awards and the prequalifications on the normal process that goes with the competitive bidding program. 309 2/13/01 - FY '02 OPERATING BUDGET We will be an active participant in getting the contracts, getting the bids open, the awards made, and the contracts issued to the various demolition contractors, and also making sure that, as we spoke earlier, that the minority participation is reflected in those bid documents.

Councilman Nutter

The thing I appreciate about you, Commissioner, is that in -- 'cause you have the previous experience that in a very short period of time, you've figured out how to give very complete answers that touch on all the things that you know that we all care, and we don't have to pull it out of you, as with some other folks, and I do deeply appreciate that. COMMISSIONER APPLEBAUM: I thank you very much. And we've been here for, I guess, the eighth or ninth year, and we always enjoy the rapport, and I guess I learn from you and you learn from me, and it's working well.

Councilman Nutter

It is, thank you. Thank you, Commissioner.

Council President Verna

Thank you. COMMISSIONER APPLEBAUM: Thank you. (Applause.) 310 2/13/01 - FY '02 OPERATING BUDGET COMMISSIONER APPLEBAUM: Wow, that's my group.

Council President Verna

The Chair recognizes Councilman Kenney.

Councilman Kenney

Sorry there won't be any applause now. (Laughter.) COMMISSIONER APPLEBAUM: Do you want a hot dog, sir?

Councilman Kenney

That's one of the areas I want to talk about. Let me ask you a general question about RFP, straight-out bid, negotiation for professional services. They seem to be -- are there guidelines for when it can happen and when it can't? Is there a specific policy guidelines that says, This must be bid with a sealed bid, this must be negotiated as a result of an RFP response? COMMISSIONER APPLEBAUM: Yes, there is.

Councilman Kenney

What are they? COMMISSIONER APPLEBAUM: Commodities and products and construction must be a sealed bid awarded to the lowest responsive, responsible 311 2/13/01 - FY '02 OPERATING BUDGET bidder. Generally speaking, professional service agreements, professional service contracts we are permitted to issue through an RFP process and with negotiations. Professional services, the question is, what are truly professional services? Now, there's no question that law firms, accounting firms are really -- you know, are easy to determine. There are other contracts that we have that -- that you'd have to look at it very closely to determine that it is truly a professional service, such as food service at the prisons. Sure, we are serving a commodity, it's food, but it's really the talent and the knowledge of the company in managing that operation. So that is considered professional service.

Councilman Kenney

But isn't that a part of -- COMMISSIONER APPLEBAUM: From time to time, we must go to the City Solicitor's Office to get from them their opinion whether it's an item that should be a true bid or can be a professional service through an RFP.

Councilman Kenney

But as part of the 312 2/13/01 - FY '02 OPERATING BUDGET bid process, it's inherent in that process that not only is pricing a consideration but the most responsible bidder, which I assume includes the ability to perform, the knowledge of the company that's providing the service or providing the commodity. It seems that the professional service contract rubric is one to get around the bidding process. Because when you, for example, look at voting machines, a straight-out bid would be discussed, price, the ability to perform the contract, the track record of the company and other such deals. If you were to bid voting machines or bid legal services or bid accounting services, wouldn't you be considering both price, performance, company's history, and the product that they have provided to other -- it just seems to me -- and it's not your -- it's not your system. I know you're working within that system, but it seems to be very clear that we use professional service and RFP process when it suits us as opposed to just doing straight-out bids with everyone. COMMISSIONER APPLEBAUM: No, no, that's 313 2/13/01 - FY '02 OPERATING BUDGET not the answer, when it suits us. It's the answer what makes sense.

Councilman Kenney

Isn't that the same thing? COMMISSIONER APPLEBAUM: We're not buying a voting machine only. We are buying a whole process that starts with the voting machine and how you develop the ballot for that voting machine, and then you're going in the next step. There's a whole process of education and training and how we're going to train the people how to vote on these new machines. Then you go to the next step of the delivery of the machines to the voting locations. And then at that night, all of the software, hardware systems, the T-1 lines, how the data is going to get from the voting machine into the mainframe. So it's a whole process, it's a whole system. And the two companies that came back, they were somewhat different. So it was to our advantage to sit with them and negotiate and develop the absolute best manner of getting that information transmitted from the vote into the total count. 314 2/13/01 - FY '02 OPERATING BUDGET

Councilman Kenney

But the items you talked about relative to the more subjective or, I guess, more cerebral determination as opposed to price, isn't that all part and parcel of determining whether a company is in fact a responsible bidder? COMMISSIONER APPLEBAUM: No. You may be a very responsible bidder and you may be very responsive, but you might not have the right product that we want to accommodate our needs.

Councilman Kenney

So you're telling me that if we do a bid process, we are stuck with whatever the lowest bidder gives us? COMMISSIONER APPLEBAUM: Generally speaking, it's -- yes. You know that. If we go the bid direction and we determine that your bid is responsive, you did the MBEC stuff right, you signed the document, you gave us the insurance papers, you put the certified checks in, all of those things, and if we found out you have had a track record and you're financially responsible, and if you're the low bidder, you get it. Or -- or what we do, if we're very unhappy with the whole process, from time to time, 315 2/13/01 - FY '02 OPERATING BUDGET we won't award; we'll cancel that bid and we'll start over.

Councilman Kenney

Since the theft of the presidential election this past November, there's been a substantial amount of discussion in Washington about national campaign election process reform -- not necessarily the standardization of voting machines, but the upgrade of all areas of the country that potentially could have this type of problem -- butterfly ballots, paper ballots, those kinds of things, and kind of moving everyone up into the new century. Does it make any sense at this point for us to maybe wait and see whether or not there's going to be some federal contribution to the process of election reform -- election machine reform? I mean, it would be sad, I think, if we were to go head and move forward, pay the 18 million, or whatever we're going to pay, and then have some national bill which would provide a certain percentage to any state that was going to upgrade their voting machines or any municipality that was going to upgrade their voting machines. 316 2/13/01 - FY '02 OPERATING BUDGET Could there possibly be something, considering how bad Florida was, and probably the first -- I guess it was the first time in history that the popular vote exceeded the electoral vote? Or there was, I think, two other instances. But I said in modern elections, it was the first time that it's truly happened. Wouldn't we be missing an opportunity to get some federal help in defraying the cost of this project? COMMISSIONER APPLEBAUM: Well, we have thought of that, we have discussed that. And there are a lot of things that you have to take into consideration. I personally believe that if the City of Philadelphia spent the 18, $19 million and bought machines, and then a year later or two years later, the federal government adopts a policy where they're going to contribute, I really believe that they couldn't exclude us because we did it as a leader and we started off. So I would imagine if that happens, we would get the funds also. The second thing you have to consider is the time factor. We have machines in our 317 2/13/01 - FY '02 OPERATING BUDGET inventory that are 50 or 60 years old that are continually breaking down. God knows how long we'll be able to keep them moving. And also the cost each year of maintaining that inventory of machines, it can get to a point where it's just not cost-effective to wait that maybe we'll get money. So it's a good point and it's a good question. And prior to the signing of this contract, if we ever get to that, the Mayor's Office and the Administration will evaluate the whole process and hopefully make the right decision.

Councilman Kenney

Let me move for a moment to the issue of food concessions at Veterans Stadium. I've written to you in the past and you've been gracious in your response and helpful with providing me the information I've sought at my concern and worry about the -- on two levels: of the award of a potentially 3-year contract, extension of the existing contract to Veterans Stadium for food service on two levels. Number one, that the service, obviously, and the quality of food, for a number of factors, I think 318 2/13/01 - FY '02 OPERATING BUDGET predominantly the City's greed in the initial contract years and years ago created a scenario where you really couldn't provide a quality product at a reasonable price and, therefore, I think the vendor decided to provide a mediocre and a bad product at a high price in an effort to pay the City what they required and then an effort to make their payroll and maybe turn a profit. And as a result of that, we've had stories, some true, some exaggerated, as to the quality of cleanliness, the quality of food, the short pouring of beer. I mean, you name it, that place has gotten a terrible reputation for the delivery of food service at Veterans Stadium. Couple that with the fact that over time, because of the poor service and the poor quality and the high price, people have been kind of allowed, as opposed to other places in the country, to stop at Slacks (ph.) or Pat's Steaks or someplace and bring their food in with them, which even further reduced the amount of revenue that we could realize as a result of having a decent-quality atmosphere down. What's the current strategy of the City 319 2/13/01 - FY '02 OPERATING BUDGET today as we sit here relative to the continued operation of Veterans Stadium? what are we intending to do? And the second problem I was concerned about, in addition to delivery, price and quality, is the appearance to me, as a Councilmember, that somehow, Council was being bypassed in their approval of anything over a year agreed to in any contract with the City of Philadelphia; that anything over a year, we're required to approve. So could you comment or either clear up or enlighten me on what's going on? COMMISSIONER APPLEBAUM: It would be my pleasure to try and bring all members of Council up to (indiscernible).

Councilman Kenney

They're listening. I knew you were coming on and that's why I came down. COMMISSIONER APPLEBAUM: Okay, great. The first issue is that we are entering into only a one-year professional service contract with Aramark. It's a one-year contract with two one-year options, City options only, going forward. It's considered a professional service 320 2/13/01 - FY '02 OPERATING BUDGET contract that's been negotiated, et cetera and et cetera, but it's one year with two one-year renewals.

Councilman Kenney

Could you explain -- just -- not to interrupt you. Explain to me the difference between a one-year with two year-renewals for your contract. I think I know the answer, but (inaudible) what's the difference? COMMISSIONER APPLEBAUM: A one-year contract means at the end of the year, if the City of Philadelphia is dissatisfied with the contract, we can terminate it. The vendor cannot; the City can. And that's in every contract that we issue, that the City of Philadelphia Procurement Department issues can only be a one-year contract. That's law. For it to be longer, we would have to come to City Council. So they're all one-year contracts. This one has two one-year renewals at the City's option only. It's important now to go a little bit farther and indicate that the bad stories that you commented on and the bad food and all of the problems that we've had at Vets Stadium -- and 321 2/13/01 - FY '02 OPERATING BUDGET there's been many, and I go there and I see it myself -- they were all handled by a company called Ogden. And the contract that the City entered into years ago or years ago, I'm not 6 sure, was with the Ogden Corporation. And it 7 wasn't a good contract because, as you indicated, 8 the commission rates that they had to pay to the 9 City of Philadelphia were in excess, I believe, of 10 58 percent. 11

Councilman Kenney

58 percent over 12 (inaudible). 13 COMMISSIONER APPLEBAUM: And a company 14 cannot sell a product at its normal price and pay 15 the landlord 58 percent. So it was a bad deal to 16 start with. And Ogden did a very poor job of 17 managing it. 18 Last year, Ogden decided to get out of 19 the food service business in sports stadiums, and 20 Aramark acquired Ogden last June. It came in cold and took over the operation. They were in the middle of the baseball season and, therefore, could not make any major changes and just tried to hold the program together to get to the end of the baseball season and get through the football 322 2/13/01 - FY '02 OPERATING BUDGET season. Aramark has a tremendous track record. They do the food services at Camden Yards, in Baltimore -- very, very successful. They do all of the food service at First Union -- very successful. And they have many other baseball and football stadiums throughout the United States, where they have rave reviews. And they are probably the top food service company for sporting events in the world. They do the Olympics, and they really -- if you've ever been to Camden Yards, you've witnessed the food service there and how they tailor it to the City and the job that they do.

Councilman Kenney

Aren't there other companies throughout the country that do sports facilities? COMMISSIONER APPLEBAUM: There's one other major company, who might not be at the same level as Aramark but that happens to be a good company. There's only really two that I know of that would earn that rank.

Councilman Kenney

I guess that on the heels of our discussion on voting machines, and 323 2/13/01 - FY '02 OPERATING BUDGET granted that you're not buying a product that's going to last for or 15, years. Based on 4 the same set of circumstances, why would we have 5 not issued an RFP, sat down with the two major 6 companies in the country, looked at what they had 7 to offer, their pricing scheme, and said, on a 8 professional service contract level, this is 9 better or this is better. Why would we not want 10 to at least have the information? 11 COMMISSIONER APPLEBAUM: The response 12 to that question is that we did not have the time 13 to do that. But realize -- 14

Councilman Kenney

How much time does 15 it take? 16 COMMISSIONER APPLEBAUM: It took us -- 17 the time to do the Ogden contract, and it wasn't a 18 good contract, it took over a year. 19

Councilman Kenney

Are you talking 20 about the original (inaudible)? COMMISSIONER APPLEBAUM: Yeah, it was over a year to --

Councilman Kenney

Of 15 years ago? COMMISSIONER APPLEBAUM: Yeah.

Councilman Kenney

I'm talking about 324 2/13/01 - FY '02 OPERATING BUDGET -- what -- when did Aramark enter the picture? When did Ogden decide they were getting out? COMMISSIONER APPLEBAUM: Ogden sold out in June.

Councilman Kenney

June of -- 7 COMMISSIONER APPLEBAUM: The contract 8 of -- 9 (Unintelligible, parties talking over 10 each other.) 11 COMMISSIONER APPLEBAUM: June of 2000. 12

Councilman Kenney

2000, okay. 13 COMMISSIONER APPLEBAUM: The contract 14 was over in December of 2000. 15

Councilman Kenney

But we knee Ogden 16 was out, right? 17 COMMISSIONER APPLEBAUM: We knew they 18 were out, sure. 19

Councilman Kenney

And we knew that Aramark was coming in to take up the slack of their remaining contract time.. COMMISSIONER APPLEBAUM: That's correct.

Councilman Kenney

So from June, why didn't we start -- 325 2/13/01 - FY '02 OPERATING BUDGET COMMISSIONER APPLEBAUM: 'Cause we couldn't put together an RFP to issue to the community 'cause we did know in June whether Vets Stadium would be there for two years, three years, or twenty years. That decision of -- the final decision of Vets Stadium wasn't made until, you know, very recently. So we could not --

Councilman Kenney

But couldn't -- COMMISSIONER APPLEBAUM: To go out and try and get a long-term contract for food service at Vets Stadium would be not -- it wouldn't be sensible.

Councilman Kenney

We knew it was three. COMMISSIONER APPLEBAUM: Excuse me?

Councilman Kenney

We knew it was three years. We knew, at a minimum, it was three years. Even we were at twenty, even if we totally blew up the new deal and went twenty years in this old facility, wouldn't we be -- would we be letting a twenty-year contract for food? I mean, wouldn't we do it in normal increments? Wouldn't it be a three- to five-year contract? Why would we go longer than five years? 326 2/13/01 - FY '02 OPERATING BUDGET COMMISSIONER APPLEBAUM: Because when you bring in a vendor, if it's under a twenty-year concept, you expect that vendor to put into your facility a lot of money, and Ogden did that when they came in. So we -- what we did -- it was a tie factor to go out and do it. Now, let me continue with the Aramark --

Councilman Kenney

No, I want to get back to this other issue again. What says in stone that we need to do 15-, 20-year contracts with food vendors at sports facilities? I mean, I think our track record with Ogden years ago 15 would indicate that maybe we shouldn't go that long because things sometimes get bad, companies' status change, their desire or ability to perform changes. Why would we ever let -- put ourselves in a position to be 15 years with one -- once you get married, I mean, it's -- COMMISSIONER APPLEBAUM: Because you want the -- (Unintelligible, parties talking over each other.)

Councilman Kenney

. . . fifteen years 327 2/13/01 - FY '02 OPERATING BUDGET or more with. I mean -- COMMISSIONER APPLEBAUM: I guarantee you that with the new stadiums, the food service providers will all end up with or 20-year 6 contracts 'cause they are going to be expected to 7 put in X-number of dollars, and in order to be 8 able to afford that, they have to amortize those 9 millions of dollars over the term of the 10 contract. So in all sports stadiums, in all the 11 sports stadiums, the negotiations to bring in 12 food-service companies are long-term and they 13 bring in millions of dollars. 14

Councilman Kenney

What are they 15 bringing in? COMMISSIONER APPLEBAUM: Excuse me?

Councilman Kenney

What are they bringing in to the facility? Just so I understand what the business is about. COMMISSIONER APPLEBAUM: You want to --

Councilman Kenney

What capital expenditures are they making in the building? COMMISSIONER APPLEBAUM: The arrangement that we have with Aramark --

Councilman Kenney

No, I'm saying in 328 2/13/01 - FY '02 OPERATING BUDGET general in a new sports facility. COMMISSIONER APPLEBAUM: They bring in the funds necessary to build out their kitchens, their serving facilities, the -- all of the equipment that they use to sell the food. That's their investment.

Councilman Kenney

Right. COMMISSIONER APPLEBAUM: We -- when you're ready, I'll be glad to tell you about the arrangement we have with Aramark.

Councilman Kenney

Okay. COMMISSIONER APPLEBAUM: Aramark is investing $1 million.

Councilman Kenney

Over a one-year period? COMMISSIONER APPLEBAUM: It's a one-year period, with two one-year options.

Councilman Kenney

That's 3 million? COMMISSIONER APPLEBAUM: They are --

Councilman Kenney

I'm sorry, that's 3 million or million? 23 COMMISSIONER APPLEBAUM: It's 24 1 million. 25

Councilman Kenney

1 million. 329 1 2/13/01 - FY '02 OPERATING BUDGET COMMISSIONER APPLEBAUM: It's a total of $1 million.

Councilman Kenney

Whether they get the options or not. COMMISSIONER APPLEBAUM: Exactly right.

Councilman Kenney

If they get the options, it's still 1 million. COMMISSIONER APPLEBAUM: It's still 1 million. They're going to do it initially -- hopefully start soon so that it will be completed for the date of the opening, April 6th, for the Philadelphia Phillies who will start. They are going to create new food locations in Vets Stadium. They are going to be using temporary carts around the stadium. As you know, part of the problem of the existing agreement with Ogden is that they were -- they built something called a food court in the 200, 300 level in certain areas. And in the food court area, they were paying us, the City of Philadelphia, a lower rate of commission, which forced them to serve only food in that one area, and in most other areas of Vets Stadium, you 330 2/13/01 - FY '02 OPERATING BUDGET couldn't get the extent of the food. The contract that we developed with Aramark, with the money that they're investing, we are now going to have food service throughout the whole Vets Stadium. You don't have to just go to the food court.

Councilman Kenney

But the part I -- COMMISSIONER APPLEBAUM: The commission rate is being changed, is being lowered so they can afford to split the food throughout the whole stadium.

Councilman Kenney

But isn't this a function of -- COMMISSIONER APPLEBAUM: That is a totally enhanced program, with new items, new products. And I am convinced -- and the total committee is convinced -- that the food service, quality of food, cleanliness, and service will be much improved from what it was in past years.

Councilman Kenney

Isn't the location availability of food within the building a function of the tenants? You mean to tell me that Aramark is going to open up a food stand on the 500 level, when the Phillies are drawing 17,000 331 2/13/01 - FY '02 OPERATING BUDGET people a night? I mean, I can't believe that -- I mean, if it's a new building and you're selling out the place every night, like Camden Yards, that's a different story you. But if you have 67,000 seats, and only 17,000 rear-ends are in them, you're not going to open up a stand in left field concourse 'cause nobody's ever going to come there to buy anything. COMMISSIONER APPLEBAUM: Well, if no 12 one's there, of course not, you don't want to be there. But Aramark has the expertise to know where to open up their stands, and that's why these are moveable, flexible, temporary carts that they will use to accommodate the size of the crowds. They are the experts in the industry and they -- they're going to spend the money and show us what they can do. And realize that at the same time they're doing that, they're going to try to impress the Phillies and the Eagles to use them for their new facilities. So it's not just a matter of them coming in and dealing with us for three years. They're looking for a long-term role 332 2/13/01 - FY '02 OPERATING BUDGET in the new sports stadiums.

Councilman Kenney

But wouldn't that idea just there prove that there would be some desire to compete for that opportunity to impress the Phillies and the Eagles? But if we don't ask, how do we know? I mean, my point is that we may have put out an RFP, and only Aramark responded. You know, it's a no-brainer there. COMMISSIONER APPLEBAUM: Well, let me just -- (Unintelligible, parties talking over each other.)

Councilman Kenney

. . . with two other companies that said, Wait, let us -- give us a chance just to show you our program, we could have said we don't like it either. But to me, it flies in the face of what we're supposed to be doing, and that's creating a competitive atmosphere so that we get the best price and the best service. For us to just say simply, Yeah, here's three years, or never mind, here's one- and two-year options, then, you know, I don't know where we're improving. COMMISSIONER APPLEBAUM: Well, you must 333 2/13/01 - FY '02 OPERATING BUDGET realize this is a short-term program. You must realize that --

Councilman Kenney

But I'm talking about -- COMMISSIONER APPLEBAUM: -- Aramark has the experience of being there. There's other considerations and other things that have occurred that we are correcting with this contract that someone who's not the incumbent might not be aware of, such as the liquor problem. Under the present conditions --

Councilman Kenney

The drinking of it or the price of it? COMMISSIONER APPLEBAUM: No, no, no. A very serious problem we have at Vets Stadium is that in the superboxes and in the penthouse suites, we have allowed the tenants of those facilities to bring in their own liquor and dispense it at their facility. That is very dangerous, because these people do not have liquor licenses, they do not have appropriate insurance, and they are bringing in liquor from Jersey that's untaxed, Delaware, God knows where. So we have lost control over the last few years of the liquor 334 2/13/01 - FY '02 OPERATING BUDGET situation at Veterans Stadium. Aramark was very much involved in sourcing that out, and they are, with us, correcting that situation so that -- that's an area that's of much concern to us, and they're going to correct it for us.

Councilman Kenney

This is news to me because you're telling me that now Aramark is going to police the 400 level and the skybox level and require all of the suite-holders to buy their liquor through them? COMMISSIONER APPLEBAUM: Absolutely. In addition to --

Councilman Kenney

Who's taking the complaints? COMMISSIONER APPLEBAUM: Well, realize, the significance of that: A, is the fact that right now, it's a terribly illegal activity to have liquor dispensed by non- --

Councilman Kenney

Only if you're selling. If you're selling under -- as far as I understand the law, if you are selling the alcohol on a per-drink price across the bar of your superbox, you are in violation of the law. If I 335 2/13/01 - FY '02 OPERATING BUDGET go out and buy a case of liquor and have a party in my home or a party in my business suite and give it away, I'm not dispensing alcohol. COMMISSIONER APPLEBAUM: And if you do that and someone is injured seriously, you're responsible for that.

Councilman Kenney

Absolutely. COMMISSIONER APPLEBAUM: Also, it would be a violation if you would go out to Jersey --

Councilman Kenney

Absolutely. COMMISSIONER APPLEBAUM: -- and buy liquor and bring it in your house and the State liquor people come in, you're violating a law. Realize that.

Councilman Kenney

(Inaudible.) COMMISSIONER APPLEBAUM: And the other important thing here is the amount of revenue that the City of Philadelphia has lost by not participating in the sale of the alcoholic beverages to the suite-holders.

Councilman Kenney

There is no doubt about it, and I'm not saying that it's wrong; I'm saying that if I know the lineup on that 400 level of superbox leaseholders and those skybox 336 2/13/01 - FY '02 OPERATING BUDGET leaseholders, and you think this is going to happen without complaint, it's -- it's not only going to be a complaint, it's going to be a fire storm. COMMISSIONER APPLEBAUM: Life is not easy. No, we'll have complaints.

Councilman Kenney

And let me tell you something, it's pretty high-powered complaints that's going to be coming. COMMISSIONER APPLEBAUM: Well, we -- just as they prevent fans from bringing liquor and bottles into Vets Stadium, we are going to prevent the box-holders from bringing in cases of beer and liquor.

Councilman Kenney

Good luck, good luck. COMMISSIONER APPLEBAUM: We're going to try.

Councilman Kenney

Good luck. COMMISSIONER APPLEBAUM: We have to try we. What we want to do -- we, the City of Philadelphia, Vets Stadium, and Aramark want to do the right thing, and that's the right thing.

Councilman Kenney

Well, one of the 337 2/13/01 - FY '02 OPERATING BUDGET reasons we bring in -- we stopped fans from bringing in bottles and cans is so don't throw them at our players, or opposing players, as much as anything else. COMMISSIONER APPLEBAUM: Right.

Councilman Kenney

Let me ask you a question relative to the airport. The airport's retail food situation has been tremendously improved primarily, or partly, because of the involvement of local vendors from the community vending their products that are indigenous to Philadelphia. Is there any consideration with Aramark in this one- year, two-year option deal to be allowing food purveyors from throughout Philadelphia that have developed their own regional sense of fame to be able to come in and be providing food, similar to what they've done at Chicky and Pete's, for example, in the old stadium club, or whatever they call it. COMMISSIONER APPLEBAUM: I haven't heard anything direct on those events happening, but one thing that I failed to indicate in our discussion is that there will be a significant 338 2/13/01 - FY '02 OPERATING BUDGET minority participation within Vets Stadium, within the food service. There's -- a number of the stands are actually owned and operated by minority companies who are certified by MBEC, so there's a total program in place for the minority participation at Veterans Stadium. Whether they're going to be bringing in local, like Pat's Steaks or whatever, I don't know of that right now.

Councilman Kenney

Well, I mean, I think that minority piece is a good idea; I think it gives people in the community an opportunity to become their own entrepreneurs and to run their own shops. Why wouldn't that translate to the rest of the facility to bring that kind of diversity and different flavor and different food opportunities? Why -- I mean, why, on one hand would we have -- which I think is good -- minority participation in stand operation and perhaps even partial ownership, while at the same time, we're going to be having the same old hot dog product in other stands, without the opportunity to do something different? 339 2/13/01 - FY '02 OPERATING BUDGET COMMISSIONER APPLEBAUM: Aramark is very concerned of controlling the food, they're responsible for that, and the menus and the items that they serve will be approved -- priced and approved by the City of Philadelphia and under Aramark's control. So they want to make sure that they have their hand in the selection and the service of the food and the quality of the food. Whether they bring in outsiders or not to serve their own food, I don't think that will happen, but I really don't know. But the significant part is that a good number of those stands will be own and operated by minority companies.

Councilman Kenney

Does Aramark intend to continue its relationship with the food service workers union that's now at the Vet? COMMISSIONER APPLEBAUM: Excuse me, with what?

Councilman Kenney

The food service workers union that's now at the Vet? COMMISSIONER APPLEBAUM: I would imagine. We -- you know, we are not --

Councilman Kenney

Could you find out. 340 2/13/01 - FY '02 OPERATING BUDGET COMMISSIONER APPLEBAUM: We are not permitted --

Councilman Kenney

I know, but you're permitted to ask, though, aren't you? COMMISSIONER APPLEBAUM: We're not permitted to require them to use unions; it's a prevailing page situation. I would-- I mean, I would imagine that they will because they're -- that would -- they would have to that.

Councilman Kenney

Okay, could you find out? COMMISSIONER APPLEBAUM: I mean, I can find out. (Unintelligible, parties talking over each other.) COMMISSIONER APPLEBAUM: I'll find out for you. Who do they have at First Union? It must be the same union.

Councilman Kenney

It's probably the same. I think there's only one food service union in the City. COMMISSIONER APPLEBAUM: Well, I guarantee you they'll have it. They're very 341 2/13/01 - FY '02 OPERATING BUDGET successful at First Union, so they're not going to play a game at Vets Stadium and jeopardize the First Union situation, but I'll find out.

Councilman Kenney

And I'm sorry to belabor this, but I had one other area I wanted to discuss after this. Speaking of First Union and the issue the suites, luxury suites and skyboxes and the like, do you think that Aramark is intending to impose the same price structure that they have at the First Union Center at the Vet for the final three years of its existence? I mean, for example, I think it's -- they charge anywhere from 40 to $50 for a case of beer, they charge up to 75 to $85 for a fifth of liquor. And the food prices in those boxes and the liquor prices in those boxes are extremely expensive. Do you expect a similar rise in the prices at the Vet in the last three years of its (inaudible)? COMMISSIONER APPLEBAUM: Are you talking about the retail prices over the counter, or are you talking about the prices that the box-holders pay for the case of beer? 342 2/13/01 - FY '02 OPERATING BUDGET

Councilman Kenney

The price the box-holders -- COMMISSIONER APPLEBAUM: First of all, all of the prices that will be in effect, the retail level of stores over the counter and also the boxes all have to be approved by the City. They have submitted to us the schedule of the liquor prices for the box-holders, and the prices are competitive and very similar to every other stadium in the East Coast here. We have reviewed all of those prices, and all of the prices will be approved by the City of Philadelphia.

Councilman Kenney

My request to you, as Chairman the Public Property Committee, through the Chair of this Committee of the Whole, would be for your department to provide for us that schedule of prices prior to the approval of this contract. COMMISSIONER APPLEBAUM: No problem.

Councilman Kenney

I appreciate it. Let me move for a moment to a smaller level of vending and food service issue. I'm a volunteer hockey coach at the Rizzo Rink, which is a City recreation facility, and I've been involved 343 2/13/01 - FY '02 OPERATING BUDGET there for a number of years. I recently had a conversation with the staff there, who have indicated to me that they are required to accept vending machines for soda, potato chips, candy, whatever it is that's there, from one provider only. And one of the complaints that I have received is that in the month of December, which is that rink's busiest month, where they came and filled the machines twice a week for four weeks, the check that was presented to the rink for use in their athletic activities was $60. A dollar a soda, two machine, two load-ups a week for four weeks, and the City Recreation Department's facility cut was 65 bucks. In addition, the complaints are that the machines are not well-kept, that sometimes it eats the money, and then the customer or the citizen who's there comes to complain to the rec leader, Where's my money, the machine took my money, that the company itself is virtually unresponsive to the complaints of the Recreation Department officials and the Advisory Council members there. And I understand that this goes on 344 2/13/01 - FY '02 OPERATING BUDGET in a number of ice rinks, a number of recreation centers, a number of other City facilities and buildings. I guess the question I have relative to the Recreation Department specifically would be, why wouldn't we put our own machines in there, why wouldn't we take the money that we're generating from those machines and put them back into our recreation services that we're providing for purchase of equipment, extension of the ice season, a myriad of things that the Advisory Board may choose to do or not to do, as opposed to making what seems to be exorbitant profits for a company that's not even located in Philadelphia? COMMISSIONER APPLEBAUM: For many, many years, the City of Philadelphia's vending situation, ice rinks and police stations and firehouses and the prisons were totally uncontrolled. We had a vending company all over the City, making individual deals with individual agencies. Whether the money ended up in its appropriate place or not, I don't know, but I suspect that in many cases, the money didn't end up where it was supposed to go, which is to -- 345 2/13/01 - FY '02 OPERATING BUDGET

Councilman Kenney

Do we know -- COMMISSIONER APPLEBAUM: -- the Recreation Department reinvesting in equipment. For the Police Department, it goes to the police widowers' pension. For the Fire Department, it's also a pension. And we did four or five years ago --

Councilman Kenney

I'm sorry to interrupt, but was there any proof that there was any scandal, or did somebody get arrested or did somebody -- COMMISSIONER APPLEBAUM: There was no 14 scandal, we're not talking about tremendous amounts of money, but there wasn't appropriate monies being deposited in the City's General Fund or being deposited in these various social agencies. Also, the amounts of commissions varied tremendously. Some companies were paying 10 percent, some companies were paying 20 percent. Some companies weren't pay anything, but they were giving VCRs and TVs to certain people, and we have proof of that.

Councilman Kenney

Was there an 346 2/13/01 - FY '02 OPERATING BUDGET investigation from the D.A.'s Office? I mean, from what I understand, it should have been -- COMMISSIONER APPLEBAUM: There were contracts that were signed by certain people who had not had the authority to sign the contracts, a lot of stories, but not anything in a manner that would be necessary to be brought to the D.A.'s attention. We decided, in conjunction with the Mayor's Office at that time, to put out a number of major competitive bids, to put vending all together, and we have seven or eight or nine different contracts with specific vending companies. We fix the rate of the commission, we fix the price of the products, and it's handled by a company called Best Vending Management Company. We now get reports that the various clubs, associations get money. Now, if there's a specific problem, such as you mentioned, that should be brought to our attention. We monitor that contract. Mr. Harry Hillock, the Deputy Commissioner here, is responsible for that, and we can get to the bottom of it and find out what went wrong. 347 2/13/01 - FY '02 OPERATING BUDGET

Councilman Kenney

Do we monitor it or do we audit it? COMMISSIONER APPLEBAUM: We receive reports.

Councilman Kenney

Well, could we possibly audit some of these things? I mean -- COMMISSIONER APPLEBAUM: Absolutely.

Councilman Kenney

I mean, I would suggest that any facility in the City that's owned by the City that has this outside vending operation should receive an annual audit. I would like to know how many we're cans putting in there and how much they're money taking out and why, in the busiest month of this ice rink season, they only made $2 a day. I can't believe it. COMMISSIONER APPLEBAUM: Well, that -- Mr. Hillock?

Mr. Hillock

We do get an annual report that shows by location what the volume was.

Councilman Kenney

Is that provided by the vendor?

Mr. Hillock

By Best Vending, yes.

Councilman Kenney

I mean, with all due respect, I -- they're auditing themselves? 348 2/13/01 - FY '02 OPERATING BUDGET

Mr. Hillock

Clearly, we're not going out there to check the volumes, no. 4 COMMISSIONER APPLEBAUM: But best Vending Company are auditing -- Best Vending Company is not a vending company; they're a management company. There are five or six different vending companies that actually service the machines and put the bottles in. Best Vending Company audits the machine. Every time a soda is taken out of the machine, it's called "a click." And 10 clicks times 60 cents -- I think that's we get now -- that machine should get $6. And our vending management company does audit those vending companies and makes sure that we're getting the right return on the machines.

Councilman Kenney

Not to cast any aspersions on anyone in their veracity, I don't have a lot of confidence in the guy we're paying necessarily to be absolutely truthful in their auditing procedure as opposed to the City Controller or an outside auditor. I mean, I find the temptation there quite extensive, as extensive as the old system. 349 2/13/01 - FY '02 OPERATING BUDGET But when are these contracts up? Are they all up at the same time or do they --

Mr. Hillock

They expire at various times of the year.

Councilman Kenney

Is there any reason why they expire at various times of the year?

Mr. Hillock

Because of our bidding process and putting 'em out to bid.

Councilman Kenney

Well, what I would request, if I could, is the location of any licensed machine in any City facility, who is responsible for their maintenance, and, you know, who's the company that services them (inaudible) and when those contracts expire.

Mr. Hillock

We could put that together, Councilman.

Councilman Kenney

And have we checked with all these vending companies to make sure that they have the business privilege license. I mean, God forbid they should be located in Philadelphia. You know, I know that's a mere minor issue; I know we can't require people to be here. But do they pay -- you know, are they paying their taxes, are they up to date, and those 350 2/13/01 - FY '02 OPERATING BUDGET kind of things. I mean, have we done -- has the Revenue Department done any kind of due diligence on them prior to the licensing of the machines in the particular locations?

Mr. Hillock

I'm not sure of that aspect of it, but the BPL is checked at the time of the contract award.

Councilman Kenney

At the time it's done? COMMISSIONER APPLEBAUM: There was discussion -- you might be confusing that with the discussion on what we call "pouring rights," where we're try to develop a contract with a major -- either a Coke or a Pepsi Cola to provide us with dollars, which is called "pouring rights," and under those contracts, the vending companies must use either Coke or Pepsi. That's -- we're working with the Managing Director on that concept, yes.

Councilman Kenney

And my final comment on this is that I -- despite what had gone on in the past with all the different deals and different percentages and unregulated apparent arrangements, I got to believe that we could do this ourselves, that we could get a better handle 351 2/13/01 - FY '02 OPERATING BUDGET on what's being sold, what money's coming in, probably get -- absolutely cut out the middle person 'cause we wouldn't need the middle person, anymore, and that these facilities would get the benefit directly from these contracts, as opposed to getting a $60 check at the end of the busiest month of their year. COMMISSIONER APPLEBAUM: Let me respond to that. You're in an area that is an area that can create a tremendous amount of problems and concerns. Vending machines are not a great deal of dollars. But if it's uncontrolled and you might have 10 recreation centers that handle it correctly, and then you might have 20 others who don't handle it correctly, and the funds don't get deposited to where they should go. There are many business people who have warehouses and companies -- and I happened to be one of them in the past, where, in my warehouses, I had vending machines, and the managers would go out and buy the sodas at the food markets and put 'em in the machines and keep all the profits. So it's an area that's a real problem.

Councilman Kenney

It's a management 352 2/13/01 - FY '02 OPERATING BUDGET issue. COMMISSIONER APPLEBAUM: It's a management issue, and that's why we put in a management company to run it for it for us, we have had very positive comments from the police and fire, 'cause they had a tremendous amount of machines. The prison system is not happen with it, 'cause the prison system, a lot of people there were benefitting from those machines that no 11 longer benefit. I won't go into the details, so we now have that controlled, and that money is deposited properly.

Councilman Kenney

I'd feel much better if these particular people were audited, frankly. COMMISSIONER APPLEBAUM: Oh, I agree with --

Councilman Kenney

From outside, not monitoring themselves. COMMISSIONER APPLEBAUM: You're right, you're right.

Councilman Kenney

Thank you, Madam Chair.

Council President Verna

Thank you. 353 2/13/01 - FY '02 OPERATING BUDGET The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Thank you, Madam Chair. Commissioner, you touched on it earlier today, and I know there was some controversy about the replacement of the playing surface at the stadium, that it wasn't put out for competitive bidding, that a product was selected and the City purchased it. And I know the President received letters, I received letters about that particular issue. Could you explain for the record how we decide whether a particular purchase is made and competitive bidding exists versus the playing surface at the Veterans Stadium, which we didn't, I don't think, need it anyway, but that's another point. COMMISSIONER APPLEBAUM: The playing surface at Vets Stadium ended up being what we call a "sole-source product." The Recreation Department and Vets Stadium, in conjunction with the Phillies and the Eagles, hired a consultant to go out and study the market and come up with the very best product that would service our needs at 354 2/13/01 - FY '02 OPERATING BUDGET Vets Stadium. Every product that they studied varied and was different from each other. There was Next Turf, there was First Turf, there was Real Grass, there was six or seven companies that they studied. They made a very in-depth study and analysis and came up with the conclusion that for us, for Vets Stadium, for the City of Philadelphia, because of the weather conditions and the multi-playing field and moving in and out of stands, that the particular product that they selected, Next Turf, was the best for us. And they wrote the Recreation Commissioner, sent to the Procurement Commissioner a document and his request that we bid that as a sole product. And that was bid as a sole product, Next Turf, for Vets Stadium.

Councilman Rizzo

Do you have any input on your request for product that a operating department suggests be sole source? Do you have people within your organization that look at the six products and say, Well, wait a minute, wait a minute. COMMISSIONER APPLEBAUM: We at the 355 2/13/01 - FY '02 OPERATING BUDGET Procurement Department participated in the meetings and looked at the various documentation, and we concurred with that decision.

Councilman Rizzo

Let's go a step further. How frequently does the Procurement Department go sole-source? The Police Department would love to have a certain type of vehicle. Can the Police Commissioner call you up and say, I want Fords, Crown Victorias, and that's it? COMMISSIONER APPLEBAUM: We actually made a decision a number of years ago to go sole-source on police cruisers. They're Ford --

Councilman Rizzo

Crown Victorias. COMMISSIONER APPLEBAUM: Crown Vics. And the reason why we did that is it made a lot of financial sense to the City of Philadelphia to have a fleet that large using the same cars so that the parts and the training were all interchangeable, and we do -- that is really a sole-source. And another reason why it's a sole-source is at the present time, you cannot buy a police cruiser that's -- Chevy went out of business making them. 356 2/13/01 - FY '02 OPERATING BUDGET

Councilman Rizzo

The police -- COMMISSIONER APPLEBAUM: But that was a sole-source. We also made it sole-source for the Police Department bullet-proof vests. We had a gigantic study conducted by the Police Department of vests -- this happened about five, six years ago years ago -- where we brought in many, many companies who wanted to participate. They tailored vests for ten different police officers -- five fame and five males. And each officer wore a particular company's vest for, I think, two or three weeks and had no idea whose company it was -- there was a code number on it -- and filled out extensive reports. And at the end of the total program, which took about six months, the survey showed that "Company X" bullet-proof vest was far superior to the others, and that also went out adds a sole-source. So from time to time, there are some.

Councilman Rizzo

Could the Procurement Department provide to the Chair the list of sole-source that we have in our 357 2/13/01 - FY '02 OPERATING BUDGET government? COMMISSIONER APPLEBAUM: Sure.

Councilman Rizzo

I didn't know that Crown Victoria Ford was the only police car. Thanks for revealing that. I was trying to use that as analogy, and now I learned two sole-source items that we have in the City of Philadelphia. And I appreciate that. Let's use one that is not as an example. The Police Department calls you and says that they want a particular widget. And they say it's sole-source that that's what we want. Do you have to accept that? COMMISSIONER APPLEBAUM: No. 16 (Unintelligible, parties talking over each other.)

Councilman Rizzo

. . . about how they have to convince you. COMMISSIONER APPLEBAUM: They have to convince the Procurement Department and the Procurement Commissioner that their request is valid, makes sense, and defensible, 'cause I'm not going to sit here and have Councilmen attack me for a sole source unless it really is. 358 2/13/01 - FY '02 OPERATING BUDGET So we go through and we have a study and we evaluate and we try to do the very best we can to accommodate the needs. But if they come in, and like, let's say, the Water Department needs four-wheel vehicles. And there, we will go out and we'll put a bid on it and we can describe a four-wheel drive vehicle, and we'll have Ford Broncos and Chevy Blazers and Jeeps, et cetera and et cetera, and we'll award to the lowest one. So, no, they cannot come back and say to us, We want a Ford Bronco because we like it better than a Chevy Blazer.

Councilman Rizzo

So are you telling me that a sole-source -- when we buy police cars, the other vendors aren't -- all of the dealers, or however we buy it, we piggyback on the Pennsylvania deal or whatever, they're not aware that it's a sole source, and they don't -- do they have the ability of charging us more if we had other vehicles to chose from? In other words, how do you control a sole-source item that we're not getting gouged because the vendor knows that it's that product that we want? 359 2/13/01 - FY '02 OPERATING BUDGET COMMISSIONER APPLEBAUM: Because many, many times, a sole-source product can be sold to us by many dealers.

Councilman Rizzo

Right. COMMISSIONER APPLEBAUM: So when you have that protection -- like with the Ford Crown Vics, the bid will go out to many, many dealers, so no one's going to gouge us 'cause they all want the business. And they also -- we have a State price, so we know what the State price. So that's pretty much controlled. And in reality, with Ford Crown Vics, at the present time, as I mentioned before, there are no other full-size police vehicles available.

Councilman Rizzo

Well, I think it's time we start looking at other police departments that are using other than a dinosaur for a police car, but that's another day that we can discuss that, because there are other vehicles that work well in police service in other cities throughout this country. COMMISSIONER APPLEBAUM: When they did the study, the determination was that a large, full-size car was safer than the smaller cars. 360 2/13/01 - FY '02 OPERATING BUDGET And that's why -- I think that's the reason they stayed with that.

Councilman Rizzo

But I would appreciate reviewing if that's -- and I would assume that's a reasonable request, to see exactly what we're buying and what possible competition would be available. COMMISSIONER APPLEBAUM: Sure.

Councilman Rizzo

Thank you, Commissioner. COMMISSIONER APPLEBAUM: Thank you.

Councilman Rizzo

Thank you, Madam Chair.

Council President Verna

Thank you. Thank you very much, Commissioner. The Revenue Department is next. It's been a long day. Thank you for waiting. (Witnesses come forward.)

Councilman Nutter

Madam President?

Council President Verna

Yes?

Councilman Nutter

Can I -- I need to put information on the record before Miss Kammerdeiner starts. Is that okay with you?

Council President Verna

By all means. 361 2/13/01 - FY '02 OPERATING BUDGET

Councilman Nutter

Thank you, Madam President. Madam President, you may recall earlier today, there was some questioning of the Mayor's Chief of Staff, and I made some comments to her, which were a continuation of a conversation that took place earlier outside of the chambers. I have subsequently learned that I may have created some level of discomfort as a result of one of the complimentary comments that I made. And as a result -- and I've talked to the Chief of Staff, but the comments were made here and so it's appropriate to make further comment here. One, I want to sincerely apologize for any discomfort that may have occurred as a result of our earlier exchange. Two, there was never any intention to have that situation either with the Chief of Staff or any other individual. And I exercised poor judgment in allowing our friendship, and sometimes the playfulness of it, to enter into our more serious discussions and deliberations here today. And so I wanted to place that apology and regret on the record. And I appreciate the 362 2/13/01 - FY '02 OPERATING BUDGET President giving me that opportunity for a personal moment. Thank you.

Council President Verna

Thank you. Good afternoon, and thank you for your patience. We do have a copy of your testimony, which we will give to the stenographer. If you will abbreviate your testimony, we'd really appreciate it. COMMISSIONER KAMMERDEINER: Certainly. Good afternoon, President Verna and members of City Council. I'm Nancy Kammerdeiner, Revenue Commissioner. And with me this afternoon is Denise Garrett, Chief of the Water Revenue Bureau. We're pleased to be with you today to discuss the proposed FY '02 Operating Budget for the Department of Revenue and the Water Revenue Bureau. I'll highlight a couple of the key features of the Operating Budget request and recent activities for the tax side of the operation. And then Denise will follow with some testimony about the Water Revenue Bureau. The FY '02 General Fund appropriation 363 2/13/01 - FY '02 OPERATING BUDGET request for the Department of Revenue totals $18,031,588, of which $12,984,000 is in Class 100. This Class 100 request will provide full-year funding for 326 full-time positions. In Class 200, we're requesting $4,188,210. That's an increase of $645,000 over FY '01 estimated obligations. This increase will cover the cost of mailing services provided to other City agencies, as well as the recent postal rate increase. For Classes 3 and 400, the Department requests a total of $859,378. In addition to the General Fund, revenue request funding from the Grants Revenue Fund and the Water Fund, the Grants Revenue Fund appropriation request of $2,360,576 provides for payments to collection agencies and for school tax enforcement activities. In the Water Fund, we're requesting $1,723,746. This provides funding for 44 full-time positions and payment processing and in the outgoing mail processing center. The Department of Revenue is committed to supporting Mayor Street's objective to maintain 364 2/13/01 - FY '02 OPERATING BUDGET fiscal health with a steady tax reduction. Notwithstanding the gradual decreases in rates for the wage tax and the business privilege tax, in Fiscal Year 2000, the City realized a net annual increase in tax collections of $93 million over the previous fiscal year. Collections from delinquent and unregistered taxpayers continue to increase, as the Department centralizes and automates its systems. Increased use of data-matching has also enhanced revenue collection. These efforts will continue and expand in Fiscal Year 2002. The Department looks forward to increasing its use of the Internet and electronic funds transfers in the coming months. We also plan to take advantage of technology improvements in telecommunications. I should note that Verizon is currently conduction an assessment of the telephone system requirements of several City departments, including Revenue and Water Revenue. We will use the results of this assessment as a guide for improving telephone support for collections and for enhancing customer service. At the same time, the Department 365 2/13/01 - FY '02 OPERATING BUDGET continues its efforts to improve taxpayer service. We are continuing to work to reduce telephone and walk-in waiting times, to increase telephone answer rates, and to reduce the amount of time that it takes to answer correspondence. Efforts are also underway to improve the accuracy and clarity of information provided to taxpayers. Philadelphia's tax laws are complicated, but we're working to make the information about these facts clearer and more straightforward. We're also making efforts to improve the database information that we maintain concerning each tax payer. I hope this gives you some idea of the activities of the Department and what we are doing to maximize revenue, while remaining mindful of the need to treat taxpayers fairly and efficiently. Denise will now make a few comments about the Water Revenue Bureau.

Ms. Garrett

Good afternoon, President Verna and members of City Council. I'm Denise Garrett, Chief of the Water Revenue Bureau. And I 366 2/13/01 - FY '02 OPERATING BUDGET thank you for the opportunity to present testimony on the Water Revenue Bureau Fiscal Year 2002 Operating Budget requests. The Water Revenue Bureau continues to operate under the executive direction of the Director of Finance, while maintaining a working and planning relationship with the Revenue and Water Departments. The Bureau is requesting a Water Fund allocation of $17,762,747 in its Fiscal Year 2000 Operating Budget request, with $9,580,015 for Class 100 to support 256 full-time employees. We are also asking for $7,462,858 for Class 200, and $710,374 for Classes 300 and 400. This is an increase of $1,093,481 over Fiscal Year 2001 estimated obligations, and it includes the negotiated wage increase. The Water Revenue Bureau is responsible for a variety of customer services, accurate billing, and timely collections to the water and sewer customers of the Water Department. In 1999, as this Council is aware, the Water Department and the Water Revenue Bureau successfully completed a project to install over 450,000 residential and 367 2/13/01 - FY '02 OPERATING BUDGET commercial automatic meter-readers. The project is being hailed by the Automatic Meter-Reading Association as the most successful in the AMR industry for water. In addition, the Water Department is currently installing AMR devices on larger commercial meters and will provide the status of this project in their Fiscal Year 2002 Operating Budget testimony. The accuracy of reading is one of the most critical factors in the collection of revenue. 9 million, for a rate of 37 percent. Our Fiscal Year '02 projection for readings is 5,175,477 readings, at a rate of 99 percent, with an accuracy rate exceeding 99 percent. This improvement in reading and accuracy has had a positive benefit throughout the Bureau. To date, our AMR initiative has allowed us to redeploy over 64 employees into other areas of operations, including revenue recovery. With AMR devices, we now have data to more readily detect the unauthorized use of water. In Fiscal Year 2002, we are projecting 368 2/13/01 - FY '02 OPERATING BUDGET the percentage of illegally restored services to consistently drop. We realized a drop from 1997 of approximately 55 percent. Clearly our heightened presence is having an impact, and the AMR is a key tool in that effort. As customer disputes have declined, the rate at which customers pay on time continues to increase. The current collections rate measures the extent to which customers pay on time. The Fiscal Year 2000 current collections rate rose to 86 percent, up from 78 percent in Fiscal Year 1999. We project Fiscal Year '02 to be 87 percent, primarily because we are now down to our hard-core delinquent accounts. We have introduced many payment programs over the years to effect this increase, including direct checking account deductions, a program known as "E-Check," automated bank by phone for customers using banks and check-cashing agencies to facilitate quick payment, transfer, and posting. And we've also introduced group billing, which incorporates all water bills on one statement for customers with over accounts. 25 After many years of growth, in 1998, 369 2/13/01 - FY '02 OPERATING BUDGET the receivable balances in the Water Fund are beginning to decline. We project Fiscal Year '02 to see a continual decline of 3 percent. Let me just mention two other programs. We continue our effort with collection agencies, and we are also implementing a new customer billing information system, hopefully to come on line by Fiscal Year '02. We are also participating with the Revenue Department in the Call Center Initiative to continue to improve our services to customers via our Call Center operations.

Ms. Garrett

And we are also continuing our support of our customer assistance programs, anticipating servicing over 12,000 customers in Fiscal Year '02. I thank you for this opportunity to provide our testimony, and we'd be pleased to answer your questions.

Council President Verna

Thank you. (Applause.)

Council President Verna

Commissioner, can tell us what proposed legislation you are planning on submitting to City Council concerning 370 2/13/01 - FY '02 OPERATING BUDGET electronic fund transfers? COMMISSIONER KAMMERDEINER: Right now, as I indicated in my written testimony, we accept voluntary payments through the electronic funds process -- transfer process. And we're looking at making this mandatory. Both the federal and the State governments require payments over a certain size to be transmitted to them through the electronic funds transfer process. We're evaluating what they have done, comparing their payment amounts to the kinds of payments our taxpayers make, primarily for wage tax, but also for the other taxes, and are seeking to propose legislation that would mandate these payments over certain dollar amounts. What we're trying to determine now is what that dollar amount should be.

Council President Verna

Thank you. Commissioner, on , Line 81 of the Budget in Brief, can you tell us why you lowered the revenue estimates for the parking fines below the FY '01 budgeted amount? COMMISSIONER KAMMERDEINER: Those estimates were prepared in the Budget Bureau. If 371 2/13/01 - FY '02 OPERATING BUDGET I could turn to Rob Dubow on that. (Witness comes forward.)

Council President Verna

Mr. Dubow, do you have your book? It's Line 81, .

Mr. Dubow

We are using estimates supplied to us by the Parking Authority, so we're taking their numbers, and that's why -- that's why it's at the 14.3.

Council President Verna

I'm sorry, I didn't understand a word you said. I'm sorry.

Council President Verna

I think it's the mics -- it's something in here today.

Councilman Nutter

It's the obfuscation factor. (Laughter.)

Mr. Dubow

We actually, for the life of this plan, are using figures supplied to us by the Parking Authority. And so their projection for '01 is lower than what we included in our budget.

Council President Verna

Let me ask you, what are the Parking Authority's expenses and who approves their budget? 372 2/13/01 - FY '02 OPERATING BUDGET

Mr. Dubow

We'd have to get back to you on their expenditures. And their budget is submitted to the --

Council President Verna

And what is their budget for FY '02? I mean --

Mr. Dubow

And we can get that to you. Their budget's submitted to the Finance Director for approval.

Council President Verna

I beg your pardon?

Mr. Dubow

Their budget is submitted to the Finance Director for approval.

Council President Verna

So the Parking Authority's expenses are approved by the Finance Director; is that what I'm hearing?

Council President Verna

All right, we'd like to know what their expenses are.

Mr. Dubow

Yes, we'll get that to you.

Council President Verna

And what their budget is for FY '02.

Mr. Dubow

Okay, we'll get that to you.

Council President Verna

And why was 373 2/13/01 - FY '02 OPERATING BUDGET it below --

Mr. Dubow

Why did this projection go down, yes.

Council President Verna

The Chair recognizes Councilman Rizzo. Is he in the room? (Councilman Rizzo is not present at this time.

Council President Verna

Does anyone else have any questions of these witnesses? (No questions.)

Council President Verna

We thank you very much. COMMISSIONER KAMMERDEINER: Thank you.

Council President Verna

The last department is the Board of Revision of Taxes. Gentlemen, thank you for your patience. (Witnesses come forward.)

Council President Verna

Good afternoon.

Mr. Glancey

Good afternoon. David Glancey, for the Board of Revision of Taxes. With me is the Secretary of the Board, Robert Nix; Member of the Board, Charles Ruttamede (ph.); Executive Director, Rick Foglia. 374 2/13/01 - FY '02 OPERATING BUDGET And we want to present you with a Valentine's Day present early, and that is, we've submitted our written testimony, and we'll be happy to answer any questions you may have.

Council President Verna

Oh, that's wonderful. Thank you, thank you. (Laughter.)

Council President Verna

Are there any questions from members of the committee of the Board of Revision of Taxes? (No questions.)

Council President Verna

Wonderful. I think Councilman Nutter wants to wish you a happy Valentine's Day.

Mr. Glancey

We're here to accept his good wishes.

Councilman Nutter

I would tremendously love to do that, and if we were at an earlier point in the day, I think that we would all benefit from my good friend giving us a complete explanation of the City's reassessment process.

Mr. Glancey

I can do that now, Councilman. 375 2/13/01 - FY '02 OPERATING BUDGET

Councilman Nutter

No. Thank you very much. (Laughter.)

Councilman Nutter

I've been subjected to it -- I mean, I've heard it a couple times, Madam Chair, and after an hour of non-repetitive testimony, I knew less when it was over than when it started. Thank you.

Mr. Glancey

Thank you, Councilman.

Council President Verna

Thank you. Thank you all very much. Thank you for your patience.

Ms. Ruttamede

Madam President, on a personal note -- I'm Charles Ruttamede, and I'd like to thank you and Councilman Darrell Clarke for the wonderful citation that you submitted to my family on Friday.

Council President Verna

You're welcome.

Ms. Ruttamede

In the event of the death deft my stepfather, Squire William. So thank you again.

Council President Verna

You're 376 2/13/01 - FY '02 OPERATING BUDGET welcome, I'm sure. Thank you. All right, this conclude the public hearing of the Committee of the Whole for today. The committee will stand in recess until tomorrow, Wednesday, February 14th, 2001, at a.m. 7 Thank you all very much 8 - - - 9 (Adjourned at 5:55 p.m.) 377 C E R T I F I C A T E WE HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Tuesday, February 13, 2001, were reported fully and accurately by us, and that this is a correct transcript of same. RE: COUNCIL COMMITTEE OF THE WHOLE OPERATING BUDGET BILL NO.'S 010001, 010002, 010005 _________________________________, MAUREEN BRODERICK, Registered Professional Reporter __________________________________, JOSEPHINE CARDILLO, Registered Professional Reporter