COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE OF THE WHOLE - - - Room 400, City Hall4 Philadelphia, Pennsylvania Wednesday, April 13, 2011, 10:27 a.m.5 - - - RES. 110161 - Five-Year Plan7 BILL 110135 - Capital Program 2012 through 20178 BILL 110136 - FY 2012 Capital Budget9 BILL 110137 - FY 2012 Operating Budget10 BILL 110138 - Wage Tax Bill11 12 COMMITTEE MEMBERS PRESENT: 13 Anna C. Verna, Chair Marian B. Tasco, Co-Chair14 Jannie C. Blackwell Blondell Reynolds-Brown15 Darrell L. Clarke W. Wilson Goode, Jr.16 Bill Green William K. Greenlee17 Curtis Jones, Jr. Donna Reed Miller18 Frank Rizzo Maria Quiñones-Sanchez19 - - -20 21 22 23 24 25 2 4.13.11 COMM. OF THE WHOLE - BILL 1101371
Good2 morning. This is a continued public3 hearing of the Committee of the Whole.4 The Chair recognizes5 Mr. McPherson.6 MR. McPHERSON: This is a7 continuation hearing on:8 Resolution 110161, the City's9 Five-Year Plan;10 Bill No. 110135, the Capital11 Program 2012 through 2017;12 Bill No. 110136, the Capital13 Budget for 2012;14 Bill No. 110137, the Operating15 Budget for 2012; and16 Bill No. 110138, the wage tax.17 And today, we're taking18 testimony on Bill No. 110137, the19 Operating Budget for Fiscal 2012.20 And our first department is21 L&I.22 (Witnesses come forward.)23
Good24 morning. 11 COMM. 5 Good morning, Council President Verna and6 members of Council. I am Fran Burns,7 Commissioner of the Department of8 Licenses and Inspections. 11 COMM. 11 COMM. 21 We have stopped the endless cycle of22 reinspections. 11 COMM. 2 We have also hired two3 attorneys to represent the Department in4 Municipal Court action. 7 We completed the reassignments8 of Code Enforcement staff from a central9 location to district offices throughout10 the City. 15 The implementation of the16 consolidated inspectors series began this17 year. 11 COMM. OF THE WHOLE - BILL 1101371 to the public at reduced cost. 11 COMM. OF THE WHOLE - BILL 1101371 commercial review and fifteen days for2 residential -- the Department is3 measuring the amount of time to produce4 re-review of building plans. 16 We continue to focus on17 stronger community education and18 outreach. 11 COMM. 11 COMM. OF THE WHOLE - BILL 1101371 We are rolling out a targeted2 vacant-structure strategy under the3 direction of the Managing Director and4 the Finance Director. 7 We have mapped the vacancies by8 census track and will be inspecting each9 and every vacant structure. 11 COMM. OF THE WHOLE - BILL 1101371 face if they do not maintain vacant2 properties to code. 7 L&I will apply its internal8 court policy to these cases, and after9 three inspections, we will prosecute10 vacant property owners in court. 11 COMM. 20 Provided the Department's21 proposed budget is adopted, we will22 continue to make significant progress in23 Fiscal Year '12 towards improving24 services focused on the customer. 11 COMM. 4 Thank you for the opportunity5 to present our Fiscal Year '12 Budget. 8
Thank9 you, Commissioner.10 The Chair recognizes Councilman11 Greenlee.12
Thank13 you, Madam President.14 Good morning, everyone.15 COMMISSIONER BURNS: Good16 morning.17
Just a18 few questions, Commissioner. I know I19 ask this question every year. When a20 person -- anybody puts in a complaint to21 3-1-1, what is your time frame for the22 initial inspection? Or does it depend on23 the violation?24 COMMISSIONER BURNS: It depends25 14 4.13.11 COMM. OF THE WHOLE - BILL 1101371 on the violation.2
Okay.3 COMMISSIONER BURNS: It depends4 on the complaint, the nature of the5 complaint.6
Okay.7 Well --8 COMMISSIONER BURNS: Would you9 like some examples?10
Yeah,11 maybe some examples.12 COMMISSIONER BURNS: Certainly.13 Okay. If we have residential14 maintenance complaints, we're currently15 at 30 days to respond --16
Mm-hmm.17 COMMISSIONER BURNS: -- as our18 service level agreement.19 If it's just a vacant house but20 there's no dangerous building complaint21 or nature to that, it's 30 days.22
Mm-hmm.23 COMMISSIONER BURNS: For a24 dangerous building complaint, we25 15 4.13.11 COMM. OF THE WHOLE - BILL 1101371 currently have it at fifteen days if it's2 vacant and five days if it's occupied.3 We do have a 24/7 emergency4 response for dangerous buildings for5 those that really we hear about in terms6 of imminent condition that may have7 changed or deteriorated immediately for8 whatever reason.9 But we do have a list of thirty10 different -- and it ranges from one to11 five days at the minimum, to thirty days12 maximum.13
Could you14 get that list to the Council President's15 office?16 COMMISSIONER BURNS: Certainly.17
'Cause I18 think that would be interesting to know,19 'cause I -- I know at one time, wasn't it20 up to -- like the initial inspection was21 how many days?22 COMMISSIONER BURNS: The23 initial inspection that we had at the24 maximum for some complaints was 45 days.25 16 4.13.11 COMM. OF THE WHOLE - BILL 1101371
Yeah,2 okay, all right.3 Now, on structural problems, I4 know our office got some complaints5 that -- particularly over this winter,6 with the heavy snow and all, that the7 properties have gotten a lot worse; you8 know, they might not have been that bad9 before the winter started. But when it10 was called in, we were told, "Well, we11 already have that on record."12 Is the Department aware that --13 you know, particularly with the winter14 weather, are they rechecking these15 properties?16 COMMISSIONER BURNS: We will17 absolutely recheck, yes, and reinspect.18 And if that's just something that we need19 to tie down at the call center, we will.20
Okay, all21 right, because I understand that's coming22 back a lot, "Well, we already have that."23 COMMISSIONER BURNS: Okay.24
And what25 17 4.13.11 COMM. OF THE WHOLE - BILL 1101371 kind of is the general definition of2 "imminently dangerous"? I mean, what3 would -- 'cause I know sometimes people4 call us and say, "We think this5 property's going to fall down anytime,"6 and your folks say, "Well, it's not at7 that level," so --8 COMMISSIONER BURNS: Okay. The9 following are the things that we look for10 in terms of imminently dangerous building11 or ID:12 When there's a partial collapse13 of the front wall.14 When there's the partial15 collapse of a load-bearing wall or a16 structural member.17 When there's a partial collapse18 of a side wall.19 When there's a partial collapse20 of a front porch.21 When the partial collapse is a22 condition that's very clearly affecting23 an adjoining property.24 And when the partial collapse25 18 4.13.11 COMM. OF THE WHOLE - BILL 1101371 leaves a freestanding wall.2
Mm-hmm,3 okay. Is that also a list that you can4 forward to the President so we know?5 COMMISSIONER BURNS:6 Absolutely.7
Okay. I8 have a few more.9 I guess what I also was10 wondering -- and I know you say in here11 that -- in your testimony that you -- it12 looks like one inspector now can check on13 multiple issues, 'cause I -- like, say, a14 restaurant has maybe a zoning issue but15 also a building issue --16 COMMISSIONER BURNS: We act --17
If an18 inspector goes out, they can look at all19 of that and see whether they have the20 permits and all that?21 COMMISSIONER BURNS: In the22 scenario you presented, no.23
Okay.24 COMMISSIONER BURNS: We have25 19 4.13.11 COMM. OF THE WHOLE - BILL 1101371 consolidated inspectorships: one on the2 construction side and the other on our3 operations side.4 In terms of our testimony, the5 new consolidation -- the Department in6 2002 had consolidated on the construction7 side a series, and we looked to do that8 in the operations side and did achieve9 it.10 Where we would have been11 sending out -- and it's going to take12 time to train some of our current13 employees, but we would have been sending14 out a business inspector. Say it's a15 first-floor commercial and a second-floor16 residential, then we'd be sending out a17 housing inspector.18
Mm-hmm.19 COMMISSIONER BURNS: And that20 is what is consolidated in terms of21 operations now.22
Okay.23 COMMISSIONER BURNS: But if24 it's a construction issue, you will -- a25 20 4.13.11 COMM. OF THE WHOLE - BILL 1101371 construction inspector will come.2
And when3 a person or a business applies for a4 permit -- say a rental license -- is it5 cross-checked to see if there are6 violations on that property; and is that7 license held up if that's the case? Am I8 making sense?9 COMMISSIONER BURNS: No, it's10 not.11
Mm-hmm.12 COMMISSIONER BURNS: The only13 time when that occurs is if there's an14 imminently dangerous violation.15
Mm-hmm.16 COMMISSIONER BURNS: That17 violation needs to be cured or complied18 through taking out a permit to make the19 building safe before any other permits20 will be issued.21
Mm-hmm.22 Has there been any thought to doing that,23 holding up --24 COMMISSIONER BURNS: Um --25 21 4.13.11 COMM. OF THE WHOLE - BILL 1101371
For2 example, I know Councilman Rizzo has that3 bill with the zoning, you know, the4 zoning issue. I'm just thinking that5 maybe that would get people to take care6 of their other problem.7 COMMISSIONER BURNS: There has8 been conversation, actually, in this body9 before. And I know even last year, the10 same -- a conversation like this came up.11
Yeah.12 COMMISSIONER BURNS: So13 philosophically, I think it's been14 discussed, but the nature and violations15 change. People can comply one day. The16 nature and the frequency of the17 violations change and are complied, that18 I think it's something that, if it's19 going to be acted on, warrants a lot of20 discussion and consideration in terms of21 what the impact could or couldn't --22 should or shouldn't be or could or23 couldn't be.24
Mm-hmm.25 22 4.13.11 COMM. OF THE WHOLE - BILL 1101371 COMMISSIONER BURNS: So I would2 say that it's something that if the --3 you know, we should talk about if it's...4
Okay. It5 just seems, you know, if the person needs6 something now, maybe they're more likely7 to clean up their other problems if they8 need that license or that permit, you9 would think.10 COMMISSIONER BURNS: Yes, you11 would think.12
Okay, all13 right. Well, I won't belabor that.14 And just on those inspection15 times you gave me -- the fifteen days,16 five days, thirty -- is that business17 days or calendar days?18 COMMISSIONER BURNS: Business19 days.20
Business21 days? All right.22 I had a couple more, but I23 won't dominate like some -- no.24 Thank you, Madam President.25 23 4.13.11 COMM. OF THE WHOLE - BILL 1101371 COUNCIL PRESIDENT VERNA:2 You're welcome.3 The Chair recognizes Councilman4 Goode.5
Thank you,6 Madam President.7 Good morning, Commissioner.8 COMMISSIONER BURNS: Good9 morning.10
What's the11 largest contract that you will award in12 Fiscal Year '12?13 COMMISSIONER BURNS:14 Councilman, I'm going to, if you'll15 allow, answer it in two ways.16 The largest professional17 service contract is for Building and Fire18 Code Academy -- that's the name of the19 company, Building and Fire Code20 Academy -- for $72,900. That is our21 largest professional-services contract22 that we have awarded.23 In the testimony, I alluded24 to -- or I actually stated that the25 24 4.13.11 COMM. OF THE WHOLE - BILL 1101371 majority of our Class 200 money goes into2 demolition contracts. So if you would3 like me to also address that at the same4 time, I can.5 Our demolition contracts are --6 they are awarded to the lowest bidder,7 but we've done a lot of work in terms of8 --9
The lowest10 responsible bidder?11 COMMISSIONER BURNS: The lowest12 responsible bidder, but we have done a13 lot of work over the past year through14 Valerie Crawford and the Office of15 Economic Opportunity to get minority16 firms registered to participate.17 So we have -- I have a listing18 of the accumulation to date by each19 public works bid and what firms got them20 and in terms of their status as well.21 Would you like me to run through that?22
So how will25 25 4.13.11 COMM. OF THE WHOLE - BILL 1101371 you reach the 25 percent goal?2 COMMISSIONER BURNS: We are3 reaching it -- we actually have done a4 lot of work through the Greater West5 Chester Chamber of Commerce, the6 African-American Chamber of Commerce, the7 Hispanic Chamber of Commerce, the Asian8 Chamber of Commerce --9
My question10 is: How will you reach the goal?11 COMMISSIONER BURNS: How will12 we?13
Yes.14 COMMISSIONER BURNS: Through15 these agencies, we are promoting the work16 that we have available and promoting and17 explaining and educating on how to become18 a qualified firm in terms of getting the19 demolition contracts.20 And through that effort, we21 have increased our minority qualified22 bidders. We actually have gone out and23 searched out people.24
But through25 26 4.13.11 COMM. OF THE WHOLE - BILL 1101371 your process you've described so far, you2 could end up with zero percent3 participation or a hundred percent4 participation; is that correct?5 COMMISSIONER BURNS: For the6 demolition, you can, yes. But the7 chances are better if you have more8 minority firms and service --9
Chances are10 better?11 COMMISSIONER BURNS: The more12 firms that you have participating in13 bidding --14
But you15 could end up with zero percent16 participation.17 COMMISSIONER BURNS: We could,18 but we haven't seen that, and we've seen19 an --20
But you21 could.22 COMMISSIONER BURNS: We could23 potentially, yes.24
And do you25 27 4.13.11 COMM. OF THE WHOLE - BILL 1101371 contract with non-Philadelphia firms?2 COMMISSIONER BURNS: We will if3 they're qualified, yes.4
So you could5 end up with zero percent local6 participation; is that correct?7 COMMISSIONER BURNS: We could,8 yes.9
All right.10 Could Angela Dowd Burton come to the11 table?12 (Ms. Dowd Burton comes13 forward.)14
Good morning.15 My name is Angela Dowd Burton, Executive16 Director of the Office of Economic17 Opportunity.18
Miss Dowd19 Burton, what percentages of City20 contractors are disadvantaged businesses?21
Approximately24 22 percent overall. That includes City25 28 4.13.11 COMM. OF THE WHOLE - BILL 1101371 government contracts, quasi-public, and2 federal contracts.3
And that's4 what we base our participation rates5 upon?6
I'm sorry. I7 answered the question of what percentage8 of City contracts there are.9
No. What10 percentage of City contractors are11 disadvantaged businesses?12
If the13 disparity study is accurate and we apply14 the overall percentage, 25 percent of the15 contracting community would be --16
That's17 25 percent of City contracting dollars.18 My question is: What percentage of City19 contractors are disadvantaged businesses?20
And what I'm21 saying is, if we look at the disparity22 study, which says in general, 25 percent23 of all businesses across this24 metropolitan statistical area, 25 percent25 29 4.13.11 COMM. OF THE WHOLE - BILL 1101371 of them are owned and controlled by2 minority- and women-owned businesses,3 that we would apply that 25 percent to4 the contracting community and project5 that 25 percent of the contracting6 community is minority- or female-owned.7
Actually, my13 understanding of the disparity study is14 quite different, but I actually believe15 that that's not how we arrived at16 participation goals.17 And if we use the process and18 strategy of the L&I Commissioner, we19 could end up with zero percent20 participation or a hundred percent21 participation.22 So is that actually the23 strategy?24
For the25 30 4.13.11 COMM. OF THE WHOLE - BILL 1101371 Licenses and Inspections Department, yes.2
So the3 strategy is different for the Licenses4 and Inspections Department.5
It's6 different for certain departments that7 have specific operating goals and8 objectives, yes.9
So it's not10 the same strategy for every department.11
Okay, thank17 you.18 Commissioner, what was the19 highest level of DBE participation ever20 achieved for demolition work?21 COMMISSIONER BURNS:22 Historically in the Department? I don't23 know. I do know that in Fiscal Year24 2008, because I'm recalling our 200925 31 4.13.11 COMM. OF THE WHOLE - BILL 1101371 testimony, that in 2008, it was 25.62 percent.3
Okay.4 COMMISSIONER BURNS: But I'd5 have to look historically.6
And how did7 they reach that goal?8 COMMISSIONER BURNS: A lot9 of -- the Department saw a very large10 increase in -- through the Neighborhood11 Transformation Initiative program, and --12
And how did13 that process work?14 COMMISSIONER BURNS: My15 understanding of how those rates were16 reached is that, one, through working17 through the chambers that I mentioned,18 but also, there was a bonding and19 insurance program through NTI at the time20 that helped smaller businesses be able to21 put up the bond and insurance money22 that's required in order to be a23 qualified bidder.24
And so have25 32 4.13.11 COMM. OF THE WHOLE - BILL 1101371 you done that?2 COMMISSIONER BURNS: How's3 that?4
Have you5 done that?6 COMMISSIONER BURNS: No. We7 actually have -- though we are in8 conversations with figuring out if we can9 put some remaining NTI dollars into a10 loan program that would give the money at11 two companies -- we're trying to figure12 it out. But no, we have not to date.13
And so, you14 acknowledge that that is not necessarily15 a level playing field.16 COMMISSIONER BURNS: I'm sorry?17
You18 acknowledge that there's not necessarily19 a level playing field in terms of bidding20 or demolition work.21 COMMISSIONER BURNS: I think I22 would recognize that there's a difference23 between some programs that existed in NTI24 and that program and that currently do25 33 4.13.11 COMM. OF THE WHOLE - BILL 1101371 not exist.2
Well, have3 you achieved the levels of participation4 that were achieved previously?5 COMMISSIONER BURNS: Not at the6 25 percent, but we -- if you look at the7 --8
What was9 your participation rate in your first10 year in office?11 COMMISSIONER BURNS: It was12 6 percent. And then this past year, we13 were at 18 percent through some really14 targeted outreach and work not only in15 our office but also in conjunction with16 the Office of Economic Opportunity.17
So you went18 from 26 percent to 6 percent.19 COMMISSIONER BURNS: That was20 within the first -- yes. That was within21 the aftermath of -- and a program coming22 to its conclusion and just picking up23 from where it was.24
And I25 34 4.13.11 COMM. OF THE WHOLE - BILL 1101371 actually believe that the rate before 22 percent was roughly 40 percent.3 COMMISSIONER BURNS: Okay.4
So I believe5 it went from 40 percent to 26 percent to6 6 percent. We had a discussion last year7 about the 6 percent.8 And so, you've changed your9 process, but you still changed your10 process to a process that could end up11 with anywhere from zero to a hundred12 percent participation. So I don't buy13 into your process.14 COMMISSIONER BURNS: The -- can15 I --16
I'm just17 being clear about it.18 COMMISSIONER BURNS: Okay.19
It could20 lead to zero percent participation.21 COMMISSIONER BURNS: Can I just22 --23
And at the24 end of the day, we've already made it25 35 4.13.11 COMM. OF THE WHOLE - BILL 1101371 clear that demolition work is some of the2 easiest work to find diversity on.3 And if we're not targeting4 demolition work to businesses owned by5 women and people of color and if we can't6 reach the goals that we have reached in7 the past because we decide we're just8 going to employ a process that could end9 up with zero percent participation, I10 can't buy into that, and I'm not going to11 buy into that.12 Obviously, there was a better13 process before, and you decided not to14 follow that process. You decided to come15 with your own process, and your first16 result was 6 percent participation. Now17 the result is we don't know what it's18 going to be.19 And to me, at the end of the20 day, that's not acceptable.21 COMMISSIONER BURNS: Can -- the22 -- I think we've done -- I mean, I was23 very pleased with the effort of the24 Department in terms of really doing25 36 4.13.11 COMM. OF THE WHOLE - BILL 1101371 outreach to minority firms to get them on2 our qualified bidders list.3 (Indiscernible; parties talking4 over each other.)5
Don't make6 any mistake about this. I want7 diversity.8 COMMISSIONER BURNS: Right.9
But I want a10 diversity of local firms. I don't see11 any reason at all why we should be giving12 demolition work to people who locate13 outside of the City.14 And if we could end up with15 zero percent local participation, that's16 equally ridiculous to me.17
Councilman,18 one of the clarifications I wanted to19 make when I talked about strategy earlier20 is with regard to specifically21 contractors bidding on public works22 contracts go through our competitive23 bidding process.24 So by law, we provide an award25 37 4.13.11 COMM. OF THE WHOLE - BILL 1101371 to the lowest responsible bidder.2
The7 Commissioner first said the lowest8 bidder. It's not the lowest bidder; it's9 the lowest responsible bidder.10
And so, you13 decide what the bidding process is going14 to be and what level of diversity you15 want. And then, in terms of how people16 respond to that bid, in terms of17 providing adequate diversity that makes18 them a responsible bidder, and then you19 choose the lowest responsible bidder.20 But "responsible" means that we21 want to give demolition work to local22 firms and a diversity of local firms.23 And if we could end up with zero percent24 local participation and zero percent25 38 4.13.11 COMM. OF THE WHOLE - BILL 1101371 diversity, that process doesn't work for2 me.3
Thank you,5 Madam President.6 COUNCIL PRESIDENT VERNA:7 You're welcome.8 The Chair recognizes9 Councilwoman Brown.10
Thank you,11 Madam President.12 Good morning.13 COMMISSIONER BURNS: Good14 morning.15
Speak to16 me about, or tell me, if you will, the17 total number of -- let me back up.18 You are the Commissioner, and19 then the step of managers below you20 are -- their title is what?21 COMMISSIONER BURNS: Deputy22 Commissioner.23
One Deputy24 Commissioner?25 39 4.13.11 COMM. OF THE WHOLE - BILL 1101371 COMMISSIONER BURNS: Two.2
Two Deputy3 Commissioners. And the line of staff4 below the Deputy Commissioners are...?5 COMMISSIONER BURNS: Directors.6
And the10 line of staff below the three directors11 are...?12 COMMISSIONER BURNS: It's a13 professional level within Civil Service,14 that the title --15
Okay, all16 right. So of the five professionals you17 just talked about, what is the racial18 composition makeup?19 COMMISSIONER BURNS: Racial.20 Four are white and one is black.21
How many22 are women?23 COMMISSIONER BURNS: One,24 myself, one white --25 40 4.13.11 COMM. OF THE WHOLE - BILL 1101371
Would that2 be you?3 COMMISSIONER BURNS: Yes,4 that's me.5
So there6 are no African-American women in the mix?7 COMMISSIONER BURNS: Right now,8 no.9
Are there10 women of color in the mix at all,11 including Latino?12 COMMISSIONER BURNS: In the --13
In the mix14 of the professionals you just talked15 about?16 COMMISSIONER BURNS: That17 second professional level at Civil18 Service? Um...19
No,20 scratch Civil Service 'cause I know that21 has its own different of --22 COMMISSIONER BURNS: Of those23 five?24
Yes.25 41 4.13.11 COMM. OF THE WHOLE - BILL 1101371 COMMISSIONER BURNS: No.2
So of the3 five, there are four -- let me just be4 clear in my notes. Of the five, how many5 are females?6 COMMISSIONER BURNS: There's7 one and that's myself.8
And so,9 the rest are men.10 COMMISSIONER BURNS: Yes.11
And of12 those men, one is African-American?13 COMMISSIONER BURNS: Yes.14
And who15 ultimately makes hiring decisions about16 those professionals?17 COMMISSIONER BURNS: That's18 myself.19
Okay. So20 speak to us about your interview process.21 What did you go through to hire these22 professionals?23 COMMISSIONER BURNS: We've24 had -- I put out job descriptions and25 42 4.13.11 COMM. OF THE WHOLE - BILL 1101371 announcements and posted them in various2 venues and then took in résumés, reviewed3 the résumés, and then conducted two4 rounds of interviews.5
And in6 that mix of the pool of résumés, were7 there any women?8 COMMISSIONER BURNS: Some of9 this is three years ago. For the ones10 that -- I would have to -- I don't know.11 I'd have to look at it, to be honest.12
Do you13 think that it matters, when you're14 building a team, that that team looks15 like Philadelphia?16 COMMISSIONER BURNS: Yes.17
And where18 in your work product has that been19 reflected?20 COMMISSIONER BURNS: I think21 that it absolutely matters, but I think22 that there's also some other things that23 need to be taken into account in terms of24 particularly some of the technical units25 43 4.13.11 COMM. OF THE WHOLE - BILL 1101371 that we have in our department when2 factoring in candidates and the team and3 the choice of hires.4
Okay. Let5 me just say on the record this is no6 reflection on the professionals that you7 have, but there is an expectation that8 for those of us in leadership and9 particularly women have, some may argue,10 obligations, others may argue duty, to be11 a tunnel, if you will, in lifting up12 other women to positions of leadership13 and responsibility.14 So that's what I'll leave you15 with this year.16 COMMISSIONER BURNS: Okay.17
Let's now18 go to businesses that you find not in19 compliance, and there's a procedure that20 you go through to send letters to alert21 businesses that they are out of22 compliance.23 What type of grace period is24 given to those businesses, and/or what25 44 4.13.11 COMM. OF THE WHOLE - BILL 1101371 type of technical assistance is given to2 those businesses so that they're not3 forced to shut down but are rather --4 their hand is held so that they can keep5 their businesses running so that those6 business owners and employees can feed7 their families, et cetera, et cetera?8 Please speak to us abut what9 happens prior to someone getting a10 letter, how much time they have after the11 receipt of that letter for compliance,12 and then what happens after that.13 COMMISSIONER BURNS: Certainly.14 A general rule -- and our compliance15 period is based on the nature and16 basically the egregious nature of what17 the condition is that exists.18 But a general rule is thirty19 days for compliance.20 So we'll do our initial21 inspection and provide thirty days to22 comply. We will then reinspect and23 provide another thirty days to comply,24 reinspect a third time for thirty days.25 45 4.13.11 COMM. OF THE WHOLE - BILL 1101371 And then if it's not complied after that2 time period, we will seek the Municipal3 Court generally to either get a fine or4 get in compliance.5 There are instances generally6 when we will cease a business, but we7 provide an intent to cease first, which8 does give a period of due process to9 comply with our violation.10 The third category that we have11 in terms of our businesses is our12 business district survey --13
Okay.14 COMMISSIONER BURNS: -- where15 we actually are proactively going out to16 business corridors in the City.17
Okay.18 COMMISSIONER BURNS: And in19 those instances, we provide a letter that20 we hope is an educational letter first21 before we even do our initial inspection.22 We'll provide the educational23 letter, inspect within 45 days, and then24 follow that process that I just outlined.25 46 4.13.11 COMM. OF THE WHOLE - BILL 1101371
Okay.2 Does the business owner or, in some3 instances, resident have a chance to --4 you probably mentioned this step, have a5 chance to put in writing, "These are the6 hurdles I'm facing to move towards7 compliance. Can I be given X-number of8 days so I can to move into compliance?"9 COMMISSIONER BURNS: Yes. They10 always have that opportunity. They also11 can call our inspector or the supervisor12 that's listed on the violation notice13 itself.14 We -- depending on the nature15 of the violation will depend upon our16 response in terms of that request.17
Okay, all18 right. And I raise it only because in19 the last year, my office has been20 approached to help business owners,21 interestingly enough, female business22 owners, who were out of compliance and23 wanted to move toward compliance but felt24 squeezed, I guess, to get everything done25 47 4.13.11 COMM. OF THE WHOLE - BILL 1101371 that they need to get done so that they2 could keep their businesses open.3 And what I hear from you is4 that folks actually do get a chance to5 state in writing why -- what's taking6 them so long.7 COMMISSIONER BURNS: They do.8 And every action taken by the Department9 is an appealable action to one of three10 appeal boards within thirty days' notice11 of our action.12
Okay, all13 right then.14 Councilman Goode has already15 addressed many, if not all, of the16 questions around MBE/WBE, so I will not17 revisit that.18 You did answer the questions19 about the type of programs, seminars, and20 symposiums you do to develop potential21 vendors.22 And so, speak to us essentially23 about what happens. You attend an24 Hispanic Chamber of Commerce event, you25 48 4.13.11 COMM. OF THE WHOLE - BILL 1101371 make the pitch, and what happens after2 that?3 COMMISSIONER BURNS: Then are4 OEO officer, in conjunction with the5 Office of Economic Opportunity, will6 reach out actually directly to vendors7 that are -- in this case we're speaking8 about demolitions.9
Okay.10 COMMISSIONER BURNS: That are11 in the demolition business and work with12 them on completion --13
Of14 paperwork.15 COMMISSIONER BURNS: Completion16 of the paperwork. And really, we really17 have done a strong solicitation and have18 increased the number of companies that19 are qualified minority companies in this20 business.21 And the other thing that we've22 done is, we package smaller packages in23 terms of demolitions so that they can --24 the smaller companies can get that work.25 49 4.13.11 COMM. OF THE WHOLE - BILL 1101371 We also have shifted our2 billing system right into our -- it3 should have been in it to begin with, but4 into our Fiscal Unit so that we can get5 that payment to vendors within thirty to6 forty days that the small businesses7 really need it. Once they do the work,8 they bill to get it out.9
Okay.10 COMMISSIONER BURNS: And we've11 actually made that commitment to12 businesses in order to get them in. And13 I think those steps have gone a14 significant way to get our participation15 rate increased, and it's been successful16 to date.17 The other thing that we've done18 is, in our professional services19 contracts, in the demolition side for20 asbestos that we can control21 participation rates, we have -- I have22 very deliberately made it 50/50 in terms23 of majority and minority for that24 professional services contract for25 50 4.13.11 COMM. OF THE WHOLE - BILL 1101371 asbestos.2
Okay.3 COMMISSIONER BURNS: And our4 biggest commercial contract for5 demolition this year for 1801 Courtland6 Street, which was $643,000, went to a7 woman-owned firm.8
Very good.9 Local?10 COMMISSIONER BURNS: Local,11 yes.12
Okay, all13 righty.14 The temporary workers for15 clean-and-seal abatement, was the funding16 your department received from the17 stimulus dollars via the Way to Work18 program dedicated to clean-and-seal19 abatements?20 COMMISSIONER BURNS: The21 majority was, yes.22
Okay. And23 out of those temporary clean-and-seal24 abatement workers, were any of them25 51 4.13.11 COMM. OF THE WHOLE - BILL 1101371 transitioned into other departments upon2 completion of their temporary position?3 COMMISSIONER BURNS: They were4 not, but we have -- what we've done with5 those employees, particularly because6 they're trained -- and I'll tell you7 this, they've also done a very good8 job -- is encourage them to take the test9 for our abatement worker list and hire10 them off the list. And we have been11 successful in that.12
Very well.13 You state there's an interim working or14 compelling good owner information for15 each of the 25,000 vacant structures.16 Speak to us about the progress17 that the Department has had around that18 still big elephant we're trying to...19 COMMISSIONER BURNS: The impact20 in only a few short months has been21 phenomenal. We actually have four22 interns -- three women, one male.23 But anyhow, we have four24 interns, and they're phenomenal. They25 52 4.13.11 COMM. OF THE WHOLE - BILL 1101371 are going -- they have a list of work of2 where they're checking a variety of3 databases. We actually have access and4 training to an IRS database.5
Mm-hmm.6 COMMISSIONER BURNS: And they7 are going through every one of the 25,0008 addresses to find where the actual9 owner -- where we believe the actual10 owner to reside.11 And while we haven't -- we're12 going to begin on April 25th with this13 targeting and enforcement, but where we14 haven't -- we don't know yet really what15 the impact is, but we believe it's going16 to be strong.17
Mm-hmm.18 Is that a first type of effort that's19 been focused and targeted on the vacant20 structure number?21 COMMISSIONER BURNS: It's the22 first type of evidence in terms of23 finding owners that I'm aware of.24
Okay. So25 53 4.13.11 COMM. OF THE WHOLE - BILL 1101371 if you had to look over the last twelve2 months of your leadership in that3 department, what would you cite as your4 biggest achievement?5 COMMISSIONER BURNS: In the6 past twelve months...7 I think the biggest achievement8 is that we've set some performance9 standards in every unit across the10 Department, and we have maintained and/or11 exceeded them; and then as a result, have12 even made our performance standards, in13 terms of accountability, shorter.14 We've -- we've realigned what15 you can expect from us based on really16 looking at what we're doing.17
Mm-hmm.18 Okay, then. Thank you for your19 testimony.20 Thank you, gentlemen.21 Thank you, Madam President.22 COUNCIL PRESIDENT VERNA:23 You're welcome.24 The Chair recognizes25 54 4.13.11 COMM. OF THE WHOLE - BILL 1101371 Councilwoman Sanchez.2
Thank3 you, Madam President.4 Good Morning, Commissioner.5 COMMISSIONER BURNS: Good6 morning.7
Thank8 you so very much.9 I know that L&I has been10 charged with many, many things, and it's11 one of the budgets we have cut12 drastically over the last few years. And13 despite that, you've made tremendous14 improvements on some of our service15 areas, so I want to recognize that and16 really thank you for working with us on17 some of those issues.18 I want to talk about some big19 issues and then get to some smaller20 issues.21 I notice in your budget, and22 we've carried it forth from last year,23 regarding NTI and NSP2 demos, and in the24 NSP $4 million allocation, it's to25 55 4.13.11 COMM. OF THE WHOLE - BILL 1101371 restore properties. Whose -- how are2 those decisions made in the usage of that3 money?4 COMMISSIONER BURNS: Okay. For5 the NSP2 funding, there's three6 geographical areas in the City that we7 can basically apply that funding.8
Okay.9 COMMISSIONER BURNS: It's Point10 Breeze, Nicetown, Tioga and Wayne11 Junction, and Mantua.12 What we've done is, we've gone13 out and surveyed on foot with our14 inspectors in the Emergency Services and15 Abatement Unit, surveyed all of those16 three neighborhoods. We have put17 together maps and listings of those18 properties that are currently vacant and19 unsafe.20 We started with our imminently21 dangerous list, what we had within those22 areas that are imminently dangerous.23
Is that24 mostly demo, or is some of that -- 'cause25 56 4.13.11 COMM. OF THE WHOLE - BILL 1101371 it says "restore." I was wondering what2 that means.3 COMMISSIONER BURNS: In terms4 of L&I, we're purely the demolition arm.5
Okay,6 all right. As it relates to the NTI,7 who's going to be making those decisions8 about that 10.7 million on demo?9 COMMISSIONER BURNS: The10 remaining NTI funding is in two11 categories:12 One is $5,925,347, which is --13 the Department of Licenses and14 Inspections will be using that in terms15 of an imminently dangerous demolition16 program.17 And then there's $4,823,147,18 which is allocated across the ten Council19 Districts. And that 4.8 million is --20 will be determined basically in21 consultation and direction of the22 respective Council office.23
Okay.24 Is any of this being coordinated through25 57 4.13.11 COMM. OF THE WHOLE - BILL 1101371 some of our Philly Rising activities?2 Are we kind of looking at where we're3 doing Philly Rising in terms of4 potentially imminently dangerous5 properties in areas that we're doing6 neighborhood transformation stuff?7 COMMISSIONER BURNS: I think8 the short answer is yes.9 We have -- through Philly10 Rising -- we are definitely a part of11 Philly Rising and a partner, and we've12 had a role in terms of our activity.13 But they have also, in terms of14 the leadership and the strategy, asked15 for a lot of information from L&I in16 making those decision.17
Yeah. I18 want to make sure that we're crossing our19 Ts and dotting our Is as we look at that20 money.21 I'm very encouraged. I22 reviewed your vacant property plan,23 blight plan, and I know we'll be meeting24 next week to talk about the details of25 58 4.13.11 COMM. OF THE WHOLE - BILL 1101371 that, but I thought it's an important2 initiative for L&I to take.3 I was wondering, 'cause it's4 the phase-in, Phase I through Phase IV,5 Phase I being areas less blighted, and6 then IV being the most blighted.7 Is there any way that we could8 consider doing Phase I and a pilot of9 Phase IV? I'm just concerned that a lot10 of my district falls under the Phase IV11 as opposed to the Phase I.12 And I think it would behoove us13 to do some small pilots about the costs14 involved in some of this stuff so that we15 can work through some of the kinks.16 I wanted to know how open you17 would be to that, just because districts18 like mines and some parts of the 5th or19 3rd may not get touched for a couple of20 years.21 COMMISSIONER BURNS: I don't --22 well, I'm very open to that, but it --23 this isn't something that I foresee as24 the enforcement, you know, in terms of25 59 4.13.11 COMM. OF THE WHOLE - BILL 1101371 where we had -- especially if we get into2 courts, maybe it will get prolonged.3 But I anticipate the L&I, our4 part of inspection in getting the notices5 out and getting the letters to be fairly6 tight.7 But yes, I'm completely open to8 that.9
Yeah. I10 think, again, it's a good plan, and I'm11 very happy that, despite the financial12 challenges, we were able to really begin13 to look at aggressively blight and vacant14 properties. So it's a very good plan, so15 I look forward to working through the16 details with you.17 As it relates -- and thank you18 for working with us on the vacant lot,19 the fees, refixing the fee, and all of20 those things.21 For clarification, was the --22 when we fixed the bill, was the waiver of23 the next-door property and the community24 garden retroactive to this year? because25 60 4.13.11 COMM. OF THE WHOLE - BILL 1101371 when we sent out the re-notices,2 originally people got 750, and then the3 re-notice went out for 300.4 When we fix bill, is that going5 to be retro? Or what should I tell my6 constituents? 'Cause then they -- now7 they just got the 300 bill.8 COMMISSIONER BURNS: The fee is9 definitely retroactive, and we have10 rebilled everyone, so that's probably why11 you're hearing it.12 The -- we would just need the13 constituents or the public to contact us14 either through 3-1-1 or to come in if15 they are billed and they own the property16 next door.17
Okay.18 COMMISSIONER BURNS: Yeah, to19 clear that up.20
Yeah, we21 should look at that just because I know22 some people have called 3-1-1. I'd like23 to be able to facilitate as much as that24 for you as possible --25 61 4.13.11 COMM. OF THE WHOLE - BILL 1101371 COMMISSIONER BURNS: Okay.2
-- in3 terms of my constituents --4 COMMISSIONER BURNS: Okay.5
--6 'cause I have so many of them. Like7 right now, we have like ten in the8 office.9 I just want to -- if there's a10 process that you want us to undertake, it11 would be helpful for you to tell us.12 COMMISSIONER BURNS: Okay.13
And then14 we would publicize it. And, you know,15 maybe somebody from L&I can come on the16 radio show and talk about it. But we've17 been getting a lot of call-in stuff on18 it.19 COMMISSIONER BURNS: Okay.20
And it's21 important. As you know, particularly in22 certain areas of my district, it's very23 important.24 COMMISSIONER BURNS: Okay.25 62 4.13.11 COMM. OF THE WHOLE - BILL 1101371 COUNCILWOMAN SANCHEZ:2 Especially my seniors; they're, like,3 having a fit.4 Can you talk a little bit about5 the new position that I see called6 Executive Director of Development7 Services?8 COMMISSIONER BURNS: Yes. We9 had a Director of Permit Services, and10 that was a position that's been in the11 Department for a while, maybe called12 different things.13
Mm-hmm.14 COMMISSIONER BURNS: But that15 position was vacated.16 And the Department hasn't had a17 very strong retention in that position.18 It's high-stress, it's challenging, it's19 the front lines of a lot of what we do.20
Mm-hmm.21 COMMISSIONER BURNS: And we22 thought that -- we struggled internally23 with, do we need a manager or do we need24 a technician in that position?25 63 4.13.11 COMM. OF THE WHOLE - BILL 1101371
Mm-hmm.2 COMMISSIONER BURNS: So what3 we've decided is, rather than either/or,4 we would try to achieve both.5 So the executive director would6 be the manager of all of the functions in7 the Municipal Services Building8 concourse, which includes Permit9 Services, Zoning, License Issuance, and10 our Customer Service, Mechanical as well.11 And that we would look for a12 Director of Permit Services that would be13 a technician with either an engineering14 background qualifications, qualifications15 with plan review and/or with some16 supervisory, obviously, experience.17
Is that18 going to be a Civil Service position?19 COMMISSIONER BURNS: It could20 be. We have announced it as an exempt.21
Okay. I22 think, going back to Councilwoman23 Blondell Reynolds' piece, it would be24 good to get a position like that, that25 64 4.13.11 COMM. OF THE WHOLE - BILL 1101371 information out to folks. If that person2 is going to be directing some of the3 online customer services, that might be a4 good place for us to --5 COMMISSIONER BURNS: Okay.6
So I7 strongly encourage you to do that.8 In terms of -- I know we've9 been, you know, that we've gotten a lot10 of calls around upgrading the Code, the11 Fire Code, and other things.12 Is there any other major13 undertaking that the Department is going14 to take this year? Like, if you were to15 say one to major undertaking? I mean, I16 think we did a really good job in17 eliminating a lot of useless licenses,18 streamlining the customer services.19 Is there any other major20 initiative other than this vacant21 property lot piece that we should be22 aware of?23 COMMISSIONER BURNS: Yes. The24 reformulation of a lot of our form guides25 65 4.13.11 COMM. OF THE WHOLE - BILL 1101371 and our instructions and our2 applications. I'm hoping that -- I mean3 I -- it could -- we're hoping that that4 has a big impact.5 The Saturday shift of our6 construction inspectors is new and, to7 me, fairly big in terms of a public8 announcement.9
Mm-hmm.10 COMMISSIONER BURNS: We're11 going to do a lot of work on our12 violation notices, and I think -- we're13 hopeful that that type of work will be14 beneficial to the public but also help in15 terms of compliance rates.16
Okay.17 As you're doing these forms and these18 applications, you're obviously providing19 for language access, different language20 services?21 COMMISSIONER BURNS: Yes.22
Okay.23 Thank you. Thank you again,24 Commissioner. I appreciate it.25 66 4.13.11 COMM. OF THE WHOLE - BILL 1101371 Thank you, Madam Chair.2 COMMISSIONER BURNS: Thank you.3 COUNCIL PRESIDENT VERNA:4 You're welcome.5 The Chair recognizes Councilman6 Green.7
Thank you,8 Madam Chair.9 Good morning, Commissioner.10 COMMISSIONER BURNS: Good11 morning.12
I just want13 to say I appreciate your testimony,14 especially the specific areas of your15 testimony where you say what you have16 accomplished with respect to various17 dollars in specific categories of18 spending -- for example clean-and-seal19 and other areas -- and that that is what20 you will achieve the next year with the21 same funding, et cetera.22 It is that sort of results- or23 outcome-based budgeting that I want to24 try to apply to everything every25 67 4.13.11 COMM. OF THE WHOLE - BILL 1101371 department does. And you've obviously,2 you know, made a commitment this year3 that you'll be able to accomplish that,4 and we'll be able to look at it next5 year.6 And that's very important, and7 I just want to thank you for doing that.8 COMMISSIONER BURNS: Thank you.9
So it was10 also great to hear about the Department's11 new consolidated inspector series. This12 is a great way to increase efficiency and13 improve customer experience, and I can14 tell that you my constituent services15 staff, who are used to sending out16 inspectors and different inspectors17 having to go back to the same site two or18 three times, are reporting to me that19 when inspectors go out, they're able to20 accomplish a number of things at one21 time, and that in the field, it appears22 to be working quite well, at least from23 the perspective of my constituent24 services staff.25 68 4.13.11 COMM. OF THE WHOLE - BILL 1101371 So that's just some feedback2 for you.3 COMMISSIONER BURNS: Thank you.4
So how many5 consolidated inspector-series positions6 will L&I have in FY '12?7 COMMISSIONER BURNS: About 39.8
About 39.9 And what percentage of total inspectors10 is this?11 COMMISSIONER BURNS: It's about12 30 percent, actually.13
Is there a16 plan to continue to expand this?17 COMMISSIONER BURNS: Yes. The18 areas that we are hiring, in terms of our19 projections, is in this code enforcement20 series, the inspectors in our21 construction series, and then our plan22 and review.23
Okay. And24 what percentage will that take us to over25 69 4.13.11 COMM. OF THE WHOLE - BILL 1101371 the next year and then the course of the2 Five-Year Plan; do you know?3 COMMISSIONER BURNS: And this4 is percentage of inspectors. It probably5 will take us to only about 35 percent.6 It's a self-focused area, but that's --7
Okay. So8 you don't have a plan over time to move9 all inspectors into the multi-discipline10 approach?11 COMMISSIONER BURNS: That's12 for -- all of our inspectors will go on13 the operations side and on construction14 respectively.15
You said it18 was going to stop growing at 35 percent,19 I thought.20 COMMISSIONER BURNS: I just21 meant in terms of -- we expect them all22 to -- I'm sorry. I answered that wrong.23 We expect them all to be a24 hundred percent over time in terms of25 70 4.13.11 COMM. OF THE WHOLE - BILL 1101371 their training and getting2 certifications, but the 35 percent is3 really just the growth in new employees4 that I expect to hire in that.5
In the next6 year.7 COMMISSIONER BURNS: In the8 next year, yes.9
Okay. But10 over five years, it was grow five, ten11 percent a year as people retire or --12 COMMISSIONER BURNS: Or13 hopefully -- yes.14
Okay. And18 you're not going back and having existing19 inspectors get certifications.20 COMMISSIONER BURNS: We are21 actually, but it's their decision to do22 it.23
Okay. Have24 you projected any efficiency savings from25 71 4.13.11 COMM. OF THE WHOLE - BILL 1101371 this change in terms of inspections2 avoided, additional inspections that get3 done because you don't have to send three4 people out, et cetera?5 So not just -- I don't mean6 just dollar-efficiency savings; I mean7 your ability to do more because you're8 only sending one person to a site instead9 of three, and other people are available,10 et cetera.11 COMMISSIONER BURNS: (Consults12 off-the-record with colleagues.)13
And if you14 haven't calculated that, that's certainly15 all right, but --16 COMMISSIONER BURNS: Yes. I17 have some data here in front of me but18 I'd have to understand it a bit more19 before going on record, so I'd be happy20 to --21
If you could22 provide it to the Chair, I'd appreciate23 it.24 COMMISSIONER BURNS: Okay.25 72 4.13.11 COMM. OF THE WHOLE - BILL 1101371
And if you2 don't have it, if you could think about3 it, I'd appreciate it.4 The Five-Year Plan noted that5 one of L&I's four main areas of focus for6 FY '12 is becoming "results-driven," and7 your testimony reflected that -- that the8 Department will look for measures to9 better tell a story of compliance and10 effective code management.11 That seems like a good goal,12 assuming the focus is on outcomes. Can13 you describe the kinds of performance14 measures the Department plans to use and15 how you will track performance?16 COMMISSIONER BURNS: Certainly.17 Where we started was looking at setting18 some service-level measures and then19 trying to meet them and understanding20 with our staffing what we could and21 couldn't produce. And we also started22 from some very basic baselines of23 counting.24 Where we -- where we're headed,25 73 4.13.11 COMM. OF THE WHOLE - BILL 1101371 and it's the evolution, for instance, in2 terms of even our permit reviews, looking3 at our rear review data, to look at our4 impact to actually of when we actually5 issue the permit and how long it takes.6 In terms of our outcome-based7 --8
Do you9 have -- I'm sorry, Commissioner.10 COMMISSIONER BURNS: Yeah.11
I don't mean12 to interrupt.13 COMMISSIONER BURNS: That's14 okay.15
But do you16 have a written plan for this?17 COMMISSIONER BURNS: We do,18 yes.19
If you would20 forward that to the Chair --21 COMMISSIONER BURNS: Okay.22
-- we can23 take a look at it. And then if I have24 questions, I'll --25 74 4.13.11 COMM. OF THE WHOLE - BILL 1101371 COMMISSIONER BURNS: Should I2 continue or just forward it?3 Just in terms of outcome, what4 was specifically mentioned in our5 testimony and the Five-Year Plan, looking6 at our compliance rates, not only are we7 getting to our service-level agreements,8 but is the issue actually resolved.9 And at what step -- like, we're10 looking at percentage resolved on first11 inspection, second, third, and then12 court. And we're also participating in13 the outcome-based through the leadership14 of the Managing Director's Office and15 PhillyStat.16 But we're looking at17 outcome-based departmental and then the18 larger goals.19
I'm glad you20 mentioned resolved because, you know, a21 lot of times, we deal with inspectors22 being sent out based on complaints of23 citizens. And it's my understanding,24 from my constituents service staff, that25 75 4.13.11 COMM. OF THE WHOLE - BILL 1101371 if an inspector goes out twice and can't2 gain access, that it is listed as3 "resolved" or "closed," even though they4 didn't make the inspection they went5 there to make. Is that correct?6 COMMISSIONER BURNS: I'll have7 to look at that. We look at it8 internally as "could not enter," not9 "resolved," but that we couldn't enter,10 so we can't say either way whether the11 condition actually existed.12
But it's13 closed. And that's -- if you know what I14 mean, that's --15 COMMISSIONER BURNS: Yes.16
Okay. In17 terms of the statistics that the18 Department prepares, there was also --19 certainly with respect to 3-1-1, there20 was a lot of "resolved" when they just21 transferred it over to the Department,22 which is still making its way into the23 statistics we hear about how successful24 3-1-1 has been because they didn't go25 76 4.13.11 COMM. OF THE WHOLE - BILL 1101371 back, you know, and fix the old data2 essentially.3 I just want to make sure that4 as you build this system that there are5 enough codes so it's clearly understood6 whether something was resolved or no7 action was taken because you couldn't get8 into the premises.9 COMMISSIONER BURNS: Okay.10
Yeah. So11 also, you mentioned with respect to12 vacant properties that you're going to go13 to court after three times. The other14 thing we deal with all the time is, there15 are properties that we will call about16 where there have been consistent17 complaints where they've been cited 30,18 40, 50 times.19 These are not vacant20 properties; they are often small21 apartment buildings or, you know, homes22 on a block with a leaking basement pipe23 into the neighbor's basement, that sort24 of thing.25 77 4.13.11 COMM. OF THE WHOLE - BILL 1101371 Have you set a number for when2 you will go to court on issues like that?3 COMMISSIONER BURNS: Yes. It4 is now standard three inspections and5 then we'll go to court.6
So what7 about properties where there are 408 violations on the books already? Have9 you gone back and gone to court on all of10 those, or is this...11 COMMISSIONER BURNS: Generally,12 no. But what we have done -- and I don't13 have a percentage of how much we've14 gotten to, but we have, for lack of a15 better word, cleaned up a lot of old16 cases, where we have reinspected cases17 that were open with existing violations.18 And if we went back out and the19 violations still existed, we would apply20 the three and then to court.21
Then22 apply...?23 COMMISSIONER BURNS: The three24 inspections and then to court.25 78 4.13.11 COMM. OF THE WHOLE - BILL 1101371
Why wouldn't2 you, at that point, when there's 403 already, why doesn't the next inspection4 trigger boom, we're going to court?5 COMMISSIONER BURNS: We can6 take a look at that.7
I mean, it8 seems to me that, you know, the9 neighbors, the neighborhood are10 complaining, "I've waited long enough,"11 and it's not -- it's 43, you know.12 So if you just look at that.13 COMMISSIONER BURNS: Absolutely.14
And I don't15 know what kind of resources it would16 take, and it may be a resource issue; I17 understand that.18 But, you know, I think we lack19 credibility in neighborhoods in the20 business community because we have so21 many laws on our books that we don't22 enforce, and I'd like us to change that23 perception of the City, like what's the24 point of the law if you're not going to25 79 4.13.11 COMM. OF THE WHOLE - BILL 1101371 enforce it anyway?2 COMMISSIONER BURNS: Right.3
And we hear4 that a lot at neighborhood community5 groups, et cetera.6 Let me -- excuse me. So Class7 250 spending, I'm asking departments,8 like I did last year, about contract and9 services. The detail indicates, on page10 46, a 136,000 line item for both FY '1111 and FY '12 for professional services.12 Are contracts already in place13 for the entire 136,000 in FY '11?14 COMMISSIONER BURNS: No. The15 current contract that is in place is the16 72,000 that I responded to earlier.17 That's for the code training.18
And what are22 they going to be for?23 COMMISSIONER BURNS: We have a24 couple of requests for proposals, or25 80 4.13.11 COMM. OF THE WHOLE - BILL 1101371 RFPs, that are under draft. One is for2 leadership training for supervisor and3 manager levels in the department.4 The other -- and this is all5 drafts -- is for a customer survey that6 would do two things. After we've been7 out and conducted an inspection, it would8 hopefully -- we would look at our data9 and call them back and say, you know, a10 variety of things: Did you understand11 what you were told? Do you need the12 nature of your violation? Do you know13 how to comply? What was your interaction14 like with our inspector.15 And potentially also act as16 somewhat of an audit in terms of what17 we're doing. Those are the two big ones.18 Oh, actually, our third RFP.19 We mentioned the four interns that are20 looking at and researching our database21 for ownership. We just wanted to see22 what's to see what's out there in terms23 of professional services in finding and24 locating people and folks and to see the25 81 4.13.11 COMM. OF THE WHOLE - BILL 1101371 costs and look at the cost benefit.2
Finding and3 locating people like absentee landlords4 and --5 COMMISSIONER BURNS: Absentee6 landlords, owners where we have -- when7 we serve court notice, sometimes we get,8 you know, notice back that service9 couldn't be made.10
Right,11 right.12 COMMISSIONER BURNS: Anyhow,13 that's --14
Okay. So15 that's certainly an important issue.16 And, obviously, with respect to all of17 those items, I assume that you're going18 to look at a cost-benefit analysis19 regarding whether or not the money going20 to be spent with outside contractors is21 less expensive than if we did it22 internally, et cetera --23 COMMISSIONER BURNS: That's24 right.25 82 4.13.11 COMM. OF THE WHOLE - BILL 1101371
-- which may2 be the case, 'cause there are firms that3 just do this survey stuff for --4 COMMISSIONER BURNS: Right.5
But if we6 can do it internally for less money.7 We'd like at that, I assume.8 COMMISSIONER BURNS: Absolutely.9
Okay. In a10 sort of ripped-from-the-headlines11 question, I have a few questions about12 parking, illegal parking lots, for13 example.14 Do you the -- is that your15 department that would inspect sort of16 illegal parking lots or things like that?17 COMMISSIONER BURNS: If a18 parking lot does not have the proper19 zoning or the use to be a parking lot20 and/or if they're not properly licensed,21 then yes.22
Okay. So23 will the same -- that doesn't seem like a24 situation where a three rule should apply25 83 4.13.11 COMM. OF THE WHOLE - BILL 1101371 if someone is parking illegally on a lot.2 What is our policy with respect to that?3 Have we just -- to change the -- let me4 change this question.5 Do we have a map? Do we have a6 GIS map of all legal parking lots?7 COMMISSIONER BURNS: I haven't8 mapped them, but we could do that.9
I think my10 suggestion would be we create a legal --11 a map of all -- a GIS map of all legal12 parking lots, which you can then give to13 inspectors.14 And I would suggest we pay for15 some overtime on weekends and evenings,16 which is when this is being used and17 allow them to simply drive through, take18 pictures of illegal lots, as the industry19 themselves have done, and then we need to20 work to find people and close these down;21 or license them, if it's a commercial22 property that could be subject to23 parking.24 COMMISSIONER BURNS: Okay.25 84 4.13.11 COMM. OF THE WHOLE - BILL 1101371
I think the2 first step in solving the problem is3 identifying where it's legal so that you4 know everywhere else, it's not legal,5 'cause I'm sure this issue will come6 back.7 There are bills before Council,8 you know, where people have testified9 they can make up 7, $10 million through10 this effort. And if that's the case,11 that's a pretty strong return on12 investment for a few new inspectors.13 COMMISSIONER BURNS: Okay.14
Thank you,19 Madam President.20 And good morning to you all.21 How is everyone?22 COMMISSIONER BURNS: Good23 morning.24
I guess my25 85 4.13.11 COMM. OF THE WHOLE - BILL 1101371 question -- and a lot of them have been2 addressed, and I appreciate you putting3 forth that information.4 I want to focus on two issues.5 One, town-and-gown issues relating to6 universities' interaction with7 neighborhoods and focus on a piece of8 legislation that we have proposed and9 we've worked on with you dealing with10 three strikes.11 And basically what we are12 looking to do with that is try to give13 some relief to residents in my district14 and other districts around the City that15 live near universities.16 I think I should say for the17 record that once upon a time, in another18 life, I was a college student. And once19 upon a time, in another life, we had20 recreation post-class.21 But when there are high22 concentrations of students in East Falls,23 in Wynnefield, in Overbrook Farms, in24 Manayunk, it tends to cause a conflict at25 86 4.13.11 COMM. OF THE WHOLE - BILL 1101371 times with more traditional residents.2 COMMISSIONER BURNS: Mm-hmm.3
You have4 been very helpful in putting together a5 task force to address party houses, as6 they're called, underage drinking that7 sometimes occurs with that, but8 particularly the multiple, unrelated9 residents in a rental structure.10 Some of the problems have been11 acute in the sense that you'll have six,12 ten unrelated residents in a house13 clearly violating the law, and we've had14 multiple hot houses that you've helped us15 address, that we've actually identified,16 we've inspected.17 I guess what I'm trying to get18 to is where you would be on a three-19 strikes provision that has been proposed.20 We have yet to have hearings on it.21 We've been waiting for some time to go22 back and forth to see if we could create23 a piece of legislation that we can live24 with. It's easy to make laws; it's25 87 4.13.11 COMM. OF THE WHOLE - BILL 1101371 better when you make laws that can be2 enforced.3 COMMISSIONER BURNS: Mm-hmm.4
So I'd like5 you for the record to give us some6 insight on that.7 COMMISSIONER BURNS: Certainly.8 The legislation that we've seen so far9 and that we've talked about we don't have10 any opposition to and actually think that11 we can enforce it.12
That's13 succinct, and I appreciate that.14 We are anxious to work with15 you. You have made a world of difference16 in Wynnefield. We have, without chasing17 our college students away, have let them18 know that it's important to be good19 neighbors and important to respect20 traditional neighbors that have to get up21 in the morning and go to work. So we're22 encouraged that you support that.23 My second question deals24 with -- on the lines of other25 88 4.13.11 COMM. OF THE WHOLE - BILL 1101371 Councilpeople, dealing with property has2 been vacant for some time. I want to3 know the interlocking relationship on4 property acquisition, fines.5 SB900 and the Broken Window Law6 and the proposed legislation that I7 believe Representative Taylor introduced8 at the State level, I know the Managing9 Director's Office is trying to come up10 with a configuration involving L&I,11 possibly even the Sheriff's Office, and12 other property acquisition arms of the13 City to create a expedited manner to turn14 over properties to municipalities for15 reuse.16 Could you talk about that?17 COMMISSIONER BURNS: Yes.18 That's -- I mean, our piece to date has19 largely been under the direction and20 cooperation of the Managing Director and21 Finance Director participating in the22 vacant land strategy.23 And I know that in terms of the24 larger -- some of the larger questions,25 89 4.13.11 COMM. OF THE WHOLE - BILL 1101371 that we're still taking some time to2 basically do it -- to do it right in3 terms of some of those questions4 particularly.5 And I can't speak to6 acquisition and disposition but I do know7 that I've participated and can attest to8 very thoughtful and engaging across9 departmental, across agency conversation10 and development of that.11 In terms of Senate Bill 900,12 we -- and the local ordinance here in13 City Council, we're enthusiastic,14 encouraged by it. Looking forward to15 testing it particularly and really16 focused on large property owners that17 hold a high percentage of vacant18 properties in the City.19 And so -- and that's definitely20 added to our strategy and where we're21 going to go from here in terms of22 testing.23
In a perfect24 world, assuming that SB 900, Senate Bill25 90 4.13.11 COMM. OF THE WHOLE - BILL 1101371 900, passes in some form or fashion, in2 hopes that we kind of find a way around3 some of the obstacles today versus a4 brighter tomorrow, how much time would we5 cut off on acquisition?6 What is the average time, when7 we get a blighted property now,8 optimistically, what would it be in the9 passage and codification of State, City,10 acquisition processes? How much time can11 we cut down?12 COMMISSIONER BURNS: I don't13 have the answer to that. I know that, as14 you alluded to, that the Managing15 Director and Finance Director are leading16 that and that a larger and fuller update,17 I know, is coming.18 And that's really the answer19 that I can provide.20
Again, a lot21 of our CDCs out there, a lot of our block22 captains, Mrs. Johnson who sweeps in23 front of her house every day, looking at24 the same blighted property, knowing25 91 4.13.11 COMM. OF THE WHOLE - BILL 1101371 there's an absentee owner that is waiting2 to speculate their way into some revenue3 because of it, she lives in that4 condition. You and I have walked on5 blocks like that and many of your staff.6 COMMISSIONER BURNS: Mm-hmm.7
I want to8 give them some hope that help is on the9 way, to be able to -- either the10 municipality acquire it or a CDC acquire11 it.12 There was once upon a time a13 guy by the name of Papa who worked with14 the Vacant Property Review Committee, who15 was able to help acquire properties and16 get them in the hands of CDCs that17 actually had reuse plans.18 So I'm hoping that through this19 complicated acquisition, citing, go to20 court process, that some day we'll be21 able to send the message to the block22 captain and to the speculator that we're23 not putting up with this anymore.24 So every year, you know, we're25 92 4.13.11 COMM. OF THE WHOLE - BILL 1101371 going to ask that question, and hopefully2 we get closer to it. I know you're a3 part of the solution; I want to say that4 on the record. But we are anxiously5 anticipating that as a tool to rebuild6 some of our neighborhoods.7 So I guess I'll transition and8 ask -- demolition is a part of that. Are9 we looking into working with some of our10 universities to talk about recycling some11 of those demolished materials? Has there12 been any discussion with like a13 Philadelphia University who specializes14 in those kinds of things? And is that15 something that might generate revenues or16 at least reduce costs in the future?17 COMMISSIONER BURNS: With18 universities, honestly, no, we have not19 had that conversation.20
Okay.21 COMMISSIONER BURNS: A lot of22 our contractors, because it's cost-23 beneficial to them, do recycle. But no,24 at the university level, we have not.25 93 4.13.11 COMM. OF THE WHOLE - BILL 1101371
I'd be2 interested in knowing to what degree they3 recycle. And I would imagine that if4 there's a stained-glass window in a5 property, they'll recycle that.6 But what other material do they7 recycle?8 COMMISSIONER BURNS: I don't9 have that information right now, but to10 the extent that we can get it, we will11 try and provide that.12
And on the13 demolition, there used to be a process by14 way of demolition where they would15 collapse the building down into the16 basement, and that was it.17 How has that changed over the18 years? Have we used (indiscernible)19 fill, in other words?20 COMMISSIONER BURNS: Yes. We21 take it out and we put fill in.22 And in terms of our contract,23 our specification has the size of -- the24 maximum size of what can be in that fill25 94 4.13.11 COMM. OF THE WHOLE - BILL 1101371 in terms of concrete, yes.2
All right.3 I'm going to ask one other question.4 You have, from the beginning,5 been a advocate for improving the6 relationship with some of our inspectors,7 which the vast majority of them are8 honest and forthright civil servants and9 credits to our communities, but there are10 some that have been on the other side of11 that.12 And I wanted to know what your13 efforts are to clean some of that up.14 More recently, there was some problems15 with the FBI and others. How are you16 dealing with that internally?17 COMMISSIONER BURNS: Over a18 variety of ways, I think you're statement19 is right that the majority of our20 employees are good, honest, hardworking21 employees; we're neighbors, live in the22 City, children, aunts, uncles, brothers,23 sisters. And we have a high regard for24 the jobs that we do.25 95 4.13.11 COMM. OF THE WHOLE - BILL 1101371 The ways that we're looking at2 the potential of what could happen are3 numerous. I mean, one, we do have a4 strong working relationship with the5 Inspector General's Office and our Chief6 Integrity Officer. Both have actually7 spoken to -- and actually, the Integrity8 Officer is scheduled to speak to our9 supervisors and managers next month.10 I now address integrity and11 ethics at every single opportunity and12 communication that I have with not only13 our supervisors and managers but our14 workforce. I strongly encourage that15 we're the eyes and ears of each other and16 that we take responsibility for our own17 action.18 But if we hear rumors or19 something, you know, that we can make20 anonymous complaints to the Inspector21 General's Office.22 We've looked at a couple of23 actions that potentially on our part24 could maybe diminish the potential for25 96 4.13.11 COMM. OF THE WHOLE - BILL 1101371 corruption or fraud or some use of power2 that shouldn't be.3 But I do -- I think, through4 our work, some of our proactive5 engagement with our partners and the6 leadership in the City and through7 constantly stressing this as a value and8 one of our -- you know, one of the things9 that we hold ourselves to, and also just10 from the employees themselves knowing11 that they work hard and this is not how12 they want to be seen, has gone a long13 way.14
I think --15 again, I want to reemphasize that when16 you came onboard early on, we talked17 about some of the complaints that I have18 heard, with some of those interactions.19 I've been involved in20 government and economic development most21 of my adult life and have heard these22 kind of stories.23 To your credit, it's easy to24 deal with things that are working well.25 97 4.13.11 COMM. OF THE WHOLE - BILL 1101371 It is more difficult as a manager to deal2 with things that need work on. And I3 applaud you for taking this on head-on.4 And making some substantial5 improvements. So I want to give you a6 public congratulations at a person for7 doing that head-on and taking on that8 tough issue.9 COMMISSIONER BURNS: Thank you.10
All right.11 Thank you, Madam President.12 COUNCIL PRESIDENT VERNA:13 You're welcome.14 Commissioner, I just have one15 question I'd like to ask. When a16 property is demolished, a lien is placed17 against the property, correct?18 COMMISSIONER BURNS: A lien is19 placed if the owner does not pay the bill20 for the cost of the demolition, yes.21
My22 question is: How successful have we been23 in trying to collect the liens? I mean,24 I know once the house is sold -- or the25 98 4.13.11 COMM. OF THE WHOLE - BILL 1101371 lot, not the house, but the is sold, the2 lien would have to be paid; would it not?3 COMMISSIONER BURNS: It does at4 that time.5
Would6 you have any indication as to how much we7 collect on the liens?8 COMMISSIONER BURNS: From the9 point when the lien has to be paid, we've10 looked at data that it's around 2 percent11 that we collect of liens.12
Two13 percent?14 COMMISSIONER BURNS: I think15 that's a safe estimate.16
Whoa.17 Thank you.18 The Chair recognizes Councilman19 Goode.20
Thank you,21 Madam President.22 Good morning again,23 Commissioner.24 COMMISSIONER BURNS: Good25 99 4.13.11 COMM. OF THE WHOLE - BILL 1101371 morning.2
Could you3 explain to me your smaller bid packaging4 strategy?5 COMMISSIONER BURNS: Yes. Some6 of the feedback that we have heard,7 particularly from minority contractors,8 is that in order to be competitive, they9 can't -- either they don't have the10 manpower and/or they're not a large11 enough company to really be competitive12 at bidding on packages that are more than13 two or three.14 So therefore, we've15 intentionally packaged properties so that16 they can actually bid on the work and be17 competitive and take the work on.18
So if I'm a19 large majority firm that is located in20 the suburbs, what stops me from winning21 bids over local firms and all local firms22 regardless of who they are owned by?23 COMMISSIONER BURNS: Honestly,24 nothing. I understand that --25 100 4.13.11 COMM. OF THE WHOLE - BILL 1101371
So that2 strategy doesn't necessarily work.3 COMMISSIONER BURNS: It has4 worked, but it's not guaranteed.5
It's not6 guaranteed. It's work to some extent,7 but it's not guaranteed to work and is8 not necessarily the best strategy.9 Can Miss Dowd Burton come to10 the table?11 (Ms. Dowd Burton comes12 forward.)13 COUNCILMAN GOODE:14 Commissioner, if you did not use a small15 bid package strategy but you had larger16 bids that had requirements for the17 utilization of local firms -- and18 Councilman Green actually has LVE19 legislation pending in my committee, and20 requirements for a diversity of local21 firms -- might a subcontracting strategy22 be more effective in terms of capturing23 more of those contract dollars locally24 and ensuring better diversity?25 101 4.13.11 COMM. OF THE WHOLE - BILL 1101371 The question was for the2 Commissioner first.3 COMMISSIONER BURNS: Just in4 terms of how you just outlined that, it5 sounds like it would. I don't know the6 legal ramifications, but it does sound7 like it would.8
It's9 perfectly legal because you're putting10 out a bid and still taking the lowest11 responsible bidder but you're also12 ensuring there are opportunities for13 local firms and a diversity of local14 firms.15 And I believe, to some extent,16 Miss Dowd Burton, that is part of the17 Administration and strategic plan, to18 maximize participation by identifying19 subcontracting opportunities; is that20 correct?21
It's one of22 the strategies, Councilman.23 One of the things we do is look24 at opportunities for minority-, women-,25 102 4.13.11 COMM. OF THE WHOLE - BILL 1101371 and disabled-owned businesses to bid as2 prime and to actually grow their3 companies by leading on a transaction as4 opposed to as a sub.5 In a number of instances, I've6 talked to companies where the position of7 being the sub minimizes, or less than8 optimizes, their ability to be profitable9 in a transaction.10
In the field11 of demolition, what is the best strategy12 to ensure that local firms, and a13 diversity of local firms, are able to14 participate? Is it the small bid package15 strategy, or is it the subcontracting16 strategy?17
My position18 is, it could actually be both. If you19 have a large bundle, you can certainly20 put a subcontracting component in, a21 level of participation at 25 or 3522 percent. That would guarantee23 participation absolutely.24
So we can25 103 4.13.11 COMM. OF THE WHOLE - BILL 1101371 actually ensure participation by local2 firms and a diversity of local firms by3 adopting a different strategy or adopting4 more than one strategy?5
But the7 strategy that we have right now, does not8 necessarily ensure participation; is that9 correct?10
Thank you.13 Thank you, Madam President.14 COUNCIL PRESIDENT VERNA:15 You're welcome.16 The Chair recognizes Councilman17 Clarke.18
Thank you,19 Madam President. Sorry. I was on a20 business call about getting a supermarket21 in my district. I didn't want you to22 think that I wasn't paying attention to23 the subject matter at hand.24 Good morning.25 104 4.13.11 COMM. OF THE WHOLE - BILL 1101371 COMMISSIONER BURNS: Good2 morning.3
Good4 morning.5 Commissioner Burns, I'd just6 like to say that I want to thank you7 publicly for the level of response that8 you have given us in our district in9 terms of getting back and particularly10 your willingness as a commissioner and11 top staff to actually come out to walk12 the streets.13 And I tell people about that14 one time, we walked on a block -- I can't15 remember exact street, Newkirk, Dover --16 where I was actually a little concerned17 myself personally about walking down that18 block, and I turned around, and you were19 walking right through that block, 'cause20 it was in somewhat of a challenging21 environment, and I want to commend you22 for your willingness to do that.23 What I wanted to do is ask you24 a couple of quick questions, one in your25 105 4.13.11 COMM. OF THE WHOLE - BILL 1101371 testimony, and I need to get a little2 clarity.3 We talk about our 3-1-1 service4 level agreement and the 95 percent5 service requests met over the past year6 within the SLA time period, and there's7 been some questions about 3-1-1, exactly8 what the time period means and exactly9 what "case closed" means, the whole nine10 yards.11 I was at a meeting last12 Saturday, and the Mayor actually was at13 that meeting, and this is representative14 of a lot of meetings where you get people15 in these meetings talking about --16 telling me that they call 3-1-1, they17 call 3-1-1, and nothing ever happened.18 Or they got a ticket or a number, and19 nothing ever happened.20 Can you tell me about your21 department's part in the 3-1-1 role and22 exactly what does that mean in terms of23 that time frame, where you say 95 percent24 of that time frame has been met? What25 106 4.13.11 COMM. OF THE WHOLE - BILL 1101371 does that mean?2 Does it mean that you turn it3 over to the workforce within your4 department and then you say, Okay, it's5 closed. And then when they get to it,6 it's another story.7 What does that mean?8 COMMISSIONER BURNS: No. It9 should -- what it means is that we set10 service-level agreements for each of11 the -- for our majority -- the highest12 volume of really complaints that we get13 in through 3-1-1 that request us to take14 action.15 And our service-level agreement16 is the amount of time for us to do that17 initial inspection.18 What should be showing up --19 and, obviously, we're going to take a20 look at this some more, based on this21 morning, but it should show up as we've22 inspected, not that it's closed.23 We really should only close or24 comply something if we've taken an25 107 4.13.11 COMM. OF THE WHOLE - BILL 1101371 abatement action, if the violation is2 actually closed or complied, or if -- I3 think we actually do if we enter the4 court process as well.5
Okay. So6 that has more to do with what? 'cause you7 kind of said a lot of different things8 there.9 COMMISSIONER BURNS: Okay.10
I guess let11 me cut to the chase.12 COMMISSIONER BURNS: Okay.13
The time14 someone calls 3-1-1 -- and I'll reference15 clean-and-seals because, in the earlier16 testimony, I think it could have been --17 it may have been by the Chief of Staff; I18 don't think it was by you. They talked19 about the various departments, and they20 talked about clean-and-seals that would21 be done within a ten-day period.22 And is that your understanding?23 I mean, I've never seen that happen.24 COMMISSIONER BURNS: What25 108 4.13.11 COMM. OF THE WHOLE - BILL 1101371 happens, if you request a clean-and-seal2 specifically through 3-1-1, we first will3 send out an inspector. The inspector4 will go within that 30-day time frame and5 then refer it to clean-and-seal, and then6 that clean-and-seal -- it's up on the7 inspector to think that it requires a8 clean-and-seal. If it is determined that9 a clean-and-seal is required, that10 happens within ten days.11 And that time period between an12 inspector asking for a clean-and-seal and13 the clean-and-seal happening is what has14 decreased significantly from an eight- to15 ten-month time frame to ten days.16
So the17 testimony was somewhat misleading 'cause18 it read as if, somehow, by the time a19 request is made by a citizen, ten days20 later, it's clean-and-sealed, but you're21 actually saying is that the22 clean-and-seal portion of it is the23 ten-day period of it --24 COMMISSIONER BURNS: Yes.25 109 4.13.11 COMM. OF THE WHOLE - BILL 1101371
-- whereas,2 the actual department or workforce within3 the Department --4 (Rebecca Rhynhart comes5 forward.)6
If I could just7 add to that. Rebecca Rhynhart, Budget8 Director.9 I think that was the original10 Five-Year Plan testimony as read.11
And then Clay13 Armbrister corrected the record to ensure14 that it was accurately portrayed. So15 there was -- he did correct the record on16 that.17
All right.24 So the ten days is actually the time when25 110 4.13.11 COMM. OF THE WHOLE - BILL 1101371 the Clean-and-Seal Unit gets the work2 order.3 COMMISSIONER BURNS: Yes.4
And then5 within that time frame is ten days that6 they will actually complete the work7 order.8 COMMISSIONER BURNS: Yes. I9 mean, we still --10
But they11 could -- I'm sorry.12 COMMISSIONER BURNS: That's13 okay. In terms of our enforcement14 process, we still have to give due15 process to the owner to let them know and16 give them the opportunity to correct it17 if they so choose.18
Which they19 normally don't.20 COMMISSIONER BURNS: Right.21
All right,22 okay, all right. That's what I wanted to23 get at 'cause I actually put in a request24 for a clean-and-seal and actually gave it25 111 4.13.11 COMM. OF THE WHOLE - BILL 1101371 to a current employee of yours, who told2 me that ten days later, it would be done,3 and it's not done yet.4 But that's a conversation we5 could have after the hearing 'cause, like6 I say, you have been responsive. Okay,7 that's clarity on that.8 This issue about elevators, and9 I know you and I have had conversations.10 New construction, there's a requirement11 to have elevators in buildings that are12 three stories, which understanding that13 we have some issues related to14 accessibility, but I think that15 requirement seems to add excessive costs16 to construction, which is one of the17 things that we've been trying to get a18 handle on.19 And it seems like as we --20 earlier, you guys streamlined some of the21 provisions as it related to regulations22 that streamline the construction process,23 and now we're requiring a person building24 a three-story building to put an elevator25 112 4.13.11 COMM. OF THE WHOLE - BILL 1101371 in that, and it just seems inconsistent2 with what the ultimate mission is.3 Could you all kind of talk to4 me on what the thinking on that one is.5 (Deputy Commissioner Fink comes6 forward.)7 DEPT. COMM. FINK: Good8 morning, Council President and members of9 Council. My name is Michael Fink, and10 I'm Deputy Commissioner for Development.11 Councilman, the City operates12 under the Pennsylvania Uniform13 Construction Code, which is mandated by14 the State, that utilizes the15 International Building Code, and there16 are many accessibility requirements in17 there, particularly related to new18 construction.19 That is one of them. That is a20 requirement for different types of21 occupancies.22 And, in fact, when we issue a23 permit refusal for someone not in24 compliance with any of those25 113 4.13.11 COMM. OF THE WHOLE - BILL 1101371 accessibility provisions of the Code, the2 appeal is not even taken locally; it3 needs to go to Harrisburg to be decided4 upon.5 So it's a very -- in the6 Commonwealth of Pennsylvania, it's a very7 stringent environment for accessibility8 requirements.9
What are10 the specific provisions in the Code? Or11 what are the types of occupancies that12 require the implementation of that13 particular code?14 DEPT. COMM. FINK: For15 residential apartment-type occupancies,16 they're significant relating to different17 types of dwelling units. There are also18 --19
When you20 say "significant," what does that mean?21 DEPT. COMM. FINK: The layout22 of the interior space, the alarm systems23 and their ability to communicate with24 people with disabilities, the access to25 114 4.13.11 COMM. OF THE WHOLE - BILL 1101371 the residential spaces.2 And the particular case that3 you're speaking of, if the residential4 occupancy was located on the first floor,5 then there would be accommodations for6 someone with a disability to occupy a7 unit on the first floor.8 In the case of that particular9 building, all of the residential10 occupancies were on the upper floors.11 And the way to achieve that is either12 through a ramp or through an elevator to13 allow people with disabilities to access14 those residential units.15
So it has16 nothing to do with the unit count? I'm17 just trying to get an understanding of --18 I mean, this seems like -- and I'm a19 strong supporter of accessibility as it20 relates to units.21 This particular case, it's a22 mixed-use commercial first floor, student23 housing on the second and the third, and24 you're requiring an elevator in that.25 115 4.13.11 COMM. OF THE WHOLE - BILL 1101371 Just from a layperson's2 perspective, it seems a little excessive.3 DEPT. COMM. FINK: It is4 related to the number of units, but it's5 fairly low.6
What's the7 number?8 DEPT. COMM. FINK: I forget9 offhand.10
Can you --11 DEPT. COMM. FINK: We can12 provide that information, sure.13
So, do you14 have a sense? Six, ten?15 DEPT. COMM. FINK: I'd be16 guessing if I --17
You'd be18 guessing? All right. I'm just of -- all19 right.20 So -- okay. So in other words,21 if there is a unit, the question is, in22 the units, within the structure, if there23 is a unit on the first floor, regardless24 of the number of units --25 116 4.13.11 COMM. OF THE WHOLE - BILL 1101371 DEPT. COMM. FINK: Yes.2
-- then3 you're not required to have an elevator.4 DEPT. COMM. FINK: If there is5 residential space on the first floor6 that's accessible from the public way,7 then that would have satisfied that8 requirement.9
So --10 DEPT. COMM. FINK: In this11 case, the developer did not want to12 utilize any of the first-floor space for13 residential occupancies. All of those14 were located above the commercial space,15 requiring that those be accessible.16 Sometimes that can be achieved17 through ramps. And in this particular18 case, being new construction, the --19 because of the space restrictions, I20 believe they chose to put an elevator in.21 And like I said, they have an22 opportunity to go to Pennsylvania Labor23 and Industry to appeal those decisions if24 there are technical and feasibility25 117 4.13.11 COMM. OF THE WHOLE - BILL 1101371 issues related to that, but that would be2 the avenue for them to appeal those3 requirements.4
Okay, okay.5 DEPT. COMM. FINK: Just to6 note, the International Building Code is7 considered a safe harbor for Americans8 with Disability Act requirements, so it9 is in line with federal requirements10 also.11
Okay, all12 right. I didn't know that it was a State13 code when we had the earlier14 conversation; I thought it was a local15 requirement.16 DEPT. COMM. FINK: Yes, sir.17
Okay.18 Thank you.19 Thanks, Madam President.20 COUNCIL PRESIDENT VERNA:21 You're welcome.22 The Chair recognizes Councilman23 Greenlee.24
Thank25 118 4.13.11 COMM. OF THE WHOLE - BILL 1101371 you, Madam President.2 I guess it's "good afternoon"3 now.4 Just one question I wanted to5 ask earlier, and I don't think anybody6 asked this. If they did, I apologize.7 Demolitions, how many -- do you8 know how many are on your list right now9 and what kind of the time frame and the10 backlog is?11 COMMISSIONER BURNS: As of12 April 1, 2011, we had 21 imminently13 dangerous structures that we intended to14 demolish, if not demolished by the owner.15
Okay.16 And how long would -- like, if the owner17 doesn't respond, how long do you think18 that would take to get? Is there a --19 'cause the reason I ask, I know we talked20 about that property with the tree growing21 up in the middle of it.22 COMMISSIONER BURNS: Once we23 put it out to bid, our contract requires24 that it's demolished within thirty days.25 119 4.13.11 COMM. OF THE WHOLE - BILL 1101371
Uh-huh.2 COMMISSIONER BURNS: So I3 usually give a conservative estimate of4 sixty to ninety days.5
Okay.6 Does that sound like a lot for what you7 call "imminently dangerous"? I mean, I8 know you have certain criteria.9 COMMISSIONER BURNS: Yes.10
I'm just11 thinking it sounds like if you tell12 somebody -- like I said, if they live13 next to a house with a tree growing up14 and splitting the house, it sounds like a15 lot of time.16 COMMISSIONER BURNS: I mean, we17 do do curbsides --18
Uh-huh,19 okay.20 COMMISSIONER BURNS: -- which21 are with -- overnight or the same day,22 but I felt pretty strongly that our -- a23 lot of our bids should go through24 Procurement.25 120 4.13.11 COMM. OF THE WHOLE - BILL 1101371
Mm-hmm.2 COMMISSIONER BURNS: Curbside3 bids are done on the street. So we've4 taken a very close look at what's5 curbside versus what's bid through6 Procurement.7
Mm-hmm.8 And just one last thing, just following9 up on Councilman Clarke's about the10 clean-and-seal.11 I guess I lost you a little12 bit. The time frame. Again, it seems13 like I ask a lot about time frames.14 COMMISSIONER BURNS: That's15 okay.16
But17 what -- like, what is a normal time frame18 once a property is inspected, say, to get19 it cleaned and sealed?20 COMMISSIONER BURNS: Once it's21 inspected, as long as our inspector sends22 it for abatement within our department to23 our Clean-and-Seal Unit, it should take24 ten days.25 121 4.13.11 COMM. OF THE WHOLE - BILL 1101371
Ten days2 after the inspection.3 COMMISSIONER BURNS: Yes.4 That's what we're --5
Okay, all6 right. Well, I wasn't clear on that.7 All right. Thank you.8 Thank you, Madam President.9
Thank10 you.11 Commissioner, I personally want12 to thank you and your staff for doing an13 excellent job.14 COMMISSIONER BURNS: Thank you.15
I16 recall years ago that at a public hearing17 such as this, I would literally take in18 my folders, which would be this high,19 with requests or complaints, you know,20 that we had received for L&I to address.21 And it took forever.22 You've been extremely23 responsive. I think you're doing an24 excellent job, and I applaud you and your25 122 4.13.11 COMM. OF THE WHOLE - BILL 1101371 department.2 COMMISSIONER BURNS: Thank you3 very much.4 COUNCIL PRESIDENT VERNA:5 You're welcome. Are there any other6 questions?7
One last8 question.9 COUNCIL PRESIDENT VERNA:10 Councilman Clarke.11
Thanks,12 Madam President.13 One last question. A few years14 ago, we passed a bill, the -- I think it15 was the tree overhang. I can't remember16 the exact title. It was a tree17 encroachment bill, where the City of18 Philadelphia could be called and issue a19 code violation if a tree was growing up20 in this particular property and it was21 hanging over, creating a dangerous22 condition on the adjacent property.23 COMMISSIONER BURNS: Yes.24
Are you25 123 4.13.11 COMM. OF THE WHOLE - BILL 1101371 enforcing that bill? Can we still expect2 the enforcement of that bill?3 COMMISSIONER BURNS: Yeah. If4 we do inspect to those complaints. If5 it's creating a dangerous condition, a6 severe dangerous condition, we'll take7 abatement action. If we were to look at8 it, we generally don't.9 I know the law also provides10 for that adjacent property owner that is11 being impacted or affected by a tree12 overhand, that they have the right to cut13 the tree and remove the condition.14 But for ones that we find to be15 imminently dangerous we do take action16 on.17
Okay. Let18 me clarify the action.19 COMMISSIONER BURNS: Mm-hmm.20
One is21 issuing a code violation to the adjacent22 property owner.23 In the event, which is24 unfortunately too often the case, the25 124 4.13.11 COMM. OF THE WHOLE - BILL 1101371 adjacent property owner is either not2 there or it's a vacant property, what's3 the next step?4 COMMISSIONER BURNS: Well, if5 it's a -- I don't mean to diminish it,6 but if it's a property-maintenance issue,7 we basically tell people, You're going to8 have to take the action upon yourself to9 cut the tree back or get the tree cut10 back and/or enter into some type of civil11 suit between owners, property owners.12 However, if it's something that13 we feel like the condition of the tree is14 going to hurt someone and we feel that15 it's severe in that way, we have and we16 do remove trees, but it is only in those17 cases where we think that it's a severe18 danger.19
That we20 will --21 COMMISSIONER BURNS: There's a22 difference between obviously an23 aggravating nature of a tree hanging on24 your properties, which does cause --25 125 4.13.11 COMM. OF THE WHOLE - BILL 1101371 clogs gutters. You know, you have to2 clean it up, that type of thing, versus a3 tree that could fall upon a house or4 could really do some significant5 structural damage that could then hurt6 passerbys or adjoining neighbors.7 So I can think of a couple of8 trees that I just happen know that we9 have removed over the past years that10 have fallen into that category, but I11 don't want to --12
So you13 can't say --14 COMMISSIONER BURNS: -- make15 any false --16
All right.17 COMMISSIONER BURNS: -- that18 we're in the tree-removal business.19
I20 understand why you're stepping lightly on21 this one.22 But the reality is that we do23 have a number of situations, and I24 understand everything is a budgetary25 126 4.13.11 COMM. OF THE WHOLE - BILL 1101371 issue, but I've seen recently actually2 situations where probably a strong storm3 away from the tree actually collapsing on4 or a limb actually collapsing and falling5 on the property, and then it's done, and6 then we might have to go out and do7 whatever.8 So I guess my question is, I9 hear what you're saying and I understand10 why you're dealing with this in a very --11 COMMISSIONER BURNS: Treading12 lightly.13
Is there17 some sort of a threshold, a written18 threshold, a regulatory threshold that19 determines when we can, in fact, abate20 that particular nuisance?21 COMMISSIONER BURNS: We22 haven't -- in our policy, we have not23 addressed the written threshold for24 trees.25 127 4.13.11 COMM. OF THE WHOLE - BILL 1101371
Okay, okay.2 I'm going to leave this alone for now.3 COMMISSIONER BURNS: Okay.4
But I'll5 call you later.6 COMMISSIONER BURNS: I expect7 as much.8
And,11 Councilman, you talk about the trees and12 vacant property. You know, I get more13 complaints about a weed starting to grow14 in an alley, and before you know it, it's15 a full-blown tree.16 And people do not realize it's17 their responsibility to do something18 about it. And at the same time, it does19 cause a hazard, because, God forbid, in20 the event of a fire, it's a problem.21 But you can't address that22 either, can you?23 COMMISSIONER BURNS: Not aside24 from writing violations to have the25 128 4.13.11 COMM. OF THE WHOLE - BILL 1101371 private property owner take the2 responsibility.3
And4 could you notify the property owner in5 question in writing that it is posing a6 hazardous condition and they must remove7 the tree, or they will be cited?8 Do we ever cite people for not9 removing the tree in an alleyway?10 COMMISSIONER BURNS: Generally,11 no, unless we can tie the tree to12 actually being on a private property.13 Since alleys are common and publicly-14 owned, we --15
Not16 publicly. I thought an alley was17 commonly owned.18 COMMISSIONER BURNS: Commonly19 owned. I'm sorry.20 Since they're commonly owned,21 we have a hard time in putting the22 responsibility where it's placed.23 Sometimes we can and we feel justified in24 doing so, but it -- most times, because25 129 4.13.11 COMM. OF THE WHOLE - BILL 1101371 it is commonly owned, we do not.2
Okay.3 Any other questions or comments from4 members of the committee?5 (No further questions.)6 COUNCIL PRESIDENT VERNA:7 Again, did you want to say something?8 COMMISSIONER BURNS: I just9 want to say thank you, and I do have the10 board's testimony following that we11 sometimes forget.12
Fine,13 thank you. Okay.14 MR. McPHERSON: Board of L&I15 Review.16 COMMISSIONER BURNS: Good17 morning, Council President Verna and18 members of Council. I am Fran Burn,19 Commissioner of Licenses and Inspections.20 I appreciate the opportunity to present21 the Board of Licenses and Inspections22 Review Fiscal Year 2012 Operating Budget23 request.24 The Board of Licenses and25 130 4.13.11 COMM. OF THE WHOLE - BILL 1101371 Inspections Review is requesting a total2 Fiscal Year '12 Budget of $155,721 in the3 City's General Fund, of which $140,645 is4 Class 100, and $15,076 is Class 200.5 The Fiscal Year '12 Budget will6 fund two full-time General Fund7 positions.8 I am available to answer any9 questions you have at this time.10
Thank11 you.12 Are there any questions from13 members of the committee?14 (No questions.)15 COUNCIL PRESIDENT VERNA:16 Seeing none, we will now take on...17 MR. McPHERSON: The Board of18 Building Standards.19 COMMISSIONER BURNS: Again,20 good morning, Council President Verna and21 members of Council. I am Fran Burns,22 Commissioner of the Department of23 Licenses and Inspections. I appreciate24 the opportunity to present the Board of25 131 4.13.11 COMM. OF THE WHOLE - BILL 1101371 Building Standards Fiscal Year 20122 Operating Budget request.3 The Board of Building Standards4 is requesting a total Fiscal Year '125 budget of $71,601 in the City's General6 Fund, of which $71,542 is Class 100, and7 $59 is Class 300.8 The Fiscal Year '12 request9 will fund one General Fund position10 full-time.11 And I'm available to answer any12 questions you may have at this time.13
Thank14 you.15 Are there any questions from16 members of the committee?17 (No questions.)18
Thank19 you.20 MR. McPHERSON: Zoning Board of21 Adjustment.22 COMMISSIONER BURNS: Good23 morning, Council President Verna and24 members of Council. I am Fran Burns,25 132 4.13.11 COMM. OF THE WHOLE - BILL 1101371 Commissioner of the Department of2 Licenses and Inspections. I appreciate3 the opportunity to present the Zoning4 Board of Adjustment Fiscal Year 20125 Operating Budget request.6 The Zoning Board of Adjustment7 is requesting a total Fiscal Year '128 Budget of $362,756 in the City's General9 Fund, of which $320,960 is Class 100 and10 $41,796 is Class 200.11 The Fiscal Year '12 request12 will fund five full-time General Fund13 positions.14 I am available to answer any15 questions at this time.16
Thank17 you.18 The Chair recognizes Councilman19 Greenlee.20
Thank21 you, Madam President.22 Real quick, Commissioner. Just23 another time frame question. When24 someone applies for a zoning -- for a25 133 4.13.11 COMM. OF THE WHOLE - BILL 1101371 variance, do you know how long it takes?2 Say, if it's not expedited or expedited,3 both. What's the -- how long that4 usually takes?5 COMMISSIONER BURNS: Apparently,6 with the Zoning Board of Adjustment, it's7 six weeks for a regular and twelve days8 for accelerated. And twelve days is the9 minimum amount of time for posting.10
Okay,11 gotcha. Okay, thank you.12 Thank you, Madam President.13
Thank14 you.15 Any other questions?16 (No further questions.)17 COUNCIL PRESIDENT VERNA:18 Seeing no one, again, I thank you.19 COMMISSIONER BURNS: Thank you20 very much.21 MR. McPHERSON: The next22 department is the Philadelphia Historical23 Commission.24 (Witness comes forward.)25 134 4.13.11 COMM. OF THE WHOLE - BILL 1101371
Good2 afternoon. Please identify yourself for3 the record and proceed with your4 testimony.5
Good afternoon,6 Council President Verna and members of7 City Council. 10 I present for your review and11 consideration the Historical Commission's12 Operating Budget request in the amount of13 the $387,784 for Fiscal Year 2012. 11 COMM. 11 COMM. 11 COMM. 11 COMM. 12 Finally, the Commission serves13 as a consulting party in other federal14 historic reviews conducted in15 Philadelphia. 11 COMM. OF THE WHOLE - BILL 1101371 developers, and design professionals, and2 information on the history of3 Philadelphia and its built-in4 environmental cultural-resource5 management professionals, educators,6 students, and the public. 10 The Historical Commission is11 committed to supporting the12 Administration's goals for minority-,13 women-, and disabled-owned businesses14 business participation in City15 contracting. 19 Thank you, members of Council,20 for your attention. 22
I see23 that Councilman Jones's light's on, but I24 don't see him in the room.25 140 4.13.11 COMM. OF THE WHOLE - BILL 1101371 Are there any other questions2 from members of the Committee?3 (No questions.)4 COUNCIL PRESIDENT VERNA:5 Great. Thank you very much.6
The8 committee will stand in recess until9 1:45, at which time we will hear from the10 City Planning Commission.11 Thank you very much.12 (Lunch break taken.)13 (Proceedings resume.)14 * * *15
I16 would ask Councilmembers to please come17 to the chamber. We're ready to start our18 continued public hearing.19 * * *20
This21 is a continued public hearing of the22 Committee of the Whole. We will now hear23 from...?24 MR. McPHERSON: The City25 141 4.13.11 COMM. OF THE WHOLE - BILL 1101371 Planning Commission.2 (Witness comes forward.)3
Good4 afternoon. Please identify yourself for5 the record and proceed with your6 testimony.7
Good afternoon,8 Council President Ann Verna and members9 of Council. 10 I'm the Executive Director of the City11 Planning Commission. 11 COMM. 3 The Commission's4 responsibilities also encompass economic5 community development and environmental6 planning concerns. 11 COMM. 12 In regard to grants, I'd like13 to note that over the past several years,14 the City Planning Commission has15 aggressively pursued competitive grant16 opportunities. We recently received17 notice of a two-year grant award from the18 William Penn Foundation, which will our19 supplement our comprehensive planning20 work, will allow the further development21 of the Citizens Planning Institute22 curriculum. 11 COMM. 7 In Fiscal 2012, the City8 Planning Commission is anticipating a9 staffing level of 42 positions: 3810 General Fund positions, 3 Community11 Development Fund positions, and 1 Grants12 Revenue Fund position. 15 During the past year, the City16 Planning Commission continued its ongoing17 work and undertook several new18 initiatives. Begun during the second19 half of Fiscal 2010, the Commission is20 nearing completion of a citywide21 comprehensive plan known as Philadelphia22 2035. This long-range plan will create a23 framework for the continued growth and24 development of the City. 11 COMM. OF THE WHOLE - BILL 1101371 citywide comprehensive plan that has been2 undertaken in 50 years. 5 We also continue to provide6 staff support and technical assistance to7 the Zoning Code Commission in the8 preparation of a proposed new zoning9 code. 20 We also prepared several21 citywide and area-specific planning and22 urban design studies to guide the23 physical development of the City and also24 for neighborhood improvements. 11 COMM. 13 In Fiscal 2012, our biggest14 challenges will be the preparation of15 four new strategic district plans as16 components of the Philadelphia 203517 comprehensive planning process. 11 COMM. OF THE WHOLE - BILL 1101371 approved by City Council. 6 Instituting a public civic7 design review process as part of a new8 zoning code, and the work of the City9 Planning Commission in that regard. 11 COMM. OF THE WHOLE - BILL 1101371 Administration's goal of 25 percent2 minority-, women-, and disabled-owner3 business participation in City4 contracting. 8 The Commission's anticipated9 participation goal for all of Fiscal Year10 2011 is 47 percent. 22 This concludes my testimony. 11 COMM. 3
Thank4 you.5 The Chair recognizes Councilman6 Jones.7
I'm12 encouraged by your aggressive pursuit of13 competitive grants that can aid CDCs in14 the difficult task of planning and15 preparing for their future. How much16 money did you say we have gotten in that17 effort?18
Well, we're23 asking -- in -- for Fiscal 2012, we're24 asking for an appropriation of $704,478.25 150 4.13.11 COMM. OF THE WHOLE - BILL 1101371
And tell2 me -- give me a practical example on how3 that helps a community.4
Well, for5 example, one study that we're about to6 begin right now --7
The Hunting Park10 study, yes, that's a good example.11 That was a study where Wallace12 Roberts Todd was contracted -- we13 contracted with WRT to perform many of14 the analysis and recommendation and15 citizen-participation aspects of that16 plan.17 And we've received over the18 years many such grants where we've done19 similar studies in other neighborhood,20 with the result being land-use21 recommendations that result in --22
Do you23 recall some of the recommendations for24 the Hunting Park?25 151 4.13.11 COMM. OF THE WHOLE - BILL 1101371
One of the2 recommendations was to do a rezoning for3 a new neighborhood shopping center that4 provided a long-requested grocery store5 for residents of the area. And along6 with that grocery store will be other7 necessary neighborhood-based retail --8 commercial retail outlets.9
I don't know10 whether -- you know, there's an old11 adage. The rooster crows, and then the12 sun comes up; did the rooster 'cause the13 sun to come up?14 We don't know, and I don't15 care, as long as the sun does come up.16 That's me.17
Let me say20 this, that some of those kinds of studies21 resulted in, particularly in that area,22 close to a thousand jobs in my district.23 And I didn't pick it out of the24 air, Councilman Greenlee; I kind of knew25 152 4.13.11 COMM. OF THE WHOLE - BILL 1101371 the geography there, in the 4th District.2 And I say that because we went3 to a groundbreaking of ShopRite, you and4 I, and we -- there's 15 other stores5 opening up there. There is the6 relocation of the Visiting Nurses, which7 is a proud Philadelphia company that8 decided to relocate their headquarters9 there. So a thousand new jobs.10 Now, whether the rooster crowed11 and the sun came up, I don't know if12 that's a direct correlation, but I'm13 happy either way.14 So if those are the kinds of15 results that come from a study, I'm16 encouraged. Analysis paralysis is17 something we've suffered from, but if it18 gets these kind of results, then you need19 to do more of that.20
I think it does,21 and we hope to. You know, with the22 Hunting Park study, it was really an23 opportunity to take a look at the24 neighborhood's existing conditions,25 153 4.13.11 COMM. OF THE WHOLE - BILL 1101371 neighborhood need, and make2 recommendations for improving the quality3 of life in that part of the City.4
I'm going to5 segue a little bit to the more macro6 position. Philadelphia, based on the7 census, has gained population, but one of8 the interesting things to note is that we9 are a graying city, meaning a aging city.10 I've been shamelessly promoting11 the WHYY Aging in a New Age Conference12 that deals with the issue of a13 transitioning of baby boomers into the14 senior population.15 And I wanted to know, as a16 city, are we planning for that both in17 the departments that are impacted by it18 but also in the design of our city? How19 are we addressing this phenomenon?20
In a couple of21 different ways.22 As we move forward with the23 district plans, as part of the24 Philadelphia 25 Comprehensive Plan25 154 4.13.11 COMM. OF THE WHOLE - BILL 1101371 Initiative, we're going to be taking a2 much closer look at the housing markets3 in 18 different areas of the City.4 As background to that, we're5 now discussing, at the staff level, doing6 a citywide housing study, taking a look7 at issues such as elderly housing and8 housing affordability that will allow us9 to inform many of these district plans as10 we go forward.11 We also have a staff member who12 specializes in housing and community-13 development issues, who has for, quite a14 long time, participated with the15 Philadelphia Corporation for Aging16 meetings dealing with elderly housing.17 So we're trying to address the18 issue on a number of different fronts.19
I'll give20 you one of the things that we hope -- we21 had a opportunity to go to New Courtland,22 which is a senior facility that has23 different types of assisted housing from24 intense to -- you know, we don't come in25 155 4.13.11 COMM. OF THE WHOLE - BILL 1101371 all in one size, I guess. One size does2 not fit all.3 One of the interesting things4 that they're looking at is whether you5 transition someone into assisted living6 or whether you can retrofit their7 existing environment so that they can age8 in place.9 And what they have is the smart10 apartments. Utilizing the same11 technology that is used in motion12 detectors and alarms, they were able to13 retrofit apartments to say that14 Councilman Greenlee, you've been in the15 bathroom for four hours now; either16 you're enjoying a leisurely bath or maybe17 something happened to you. And if you18 don't respond to the monitor within the19 next half hour, we're going to send20 someone out to you.21 Similarly, Councilman Greenlee,22 you have not opened your refrigerator23 door in four days. You know, are you24 eating? And we'll send somebody out to25 156 4.13.11 COMM. OF THE WHOLE - BILL 1101371 look at your nutritional needs.2 So it's everything from3 telemedicine to -- all of which became4 more cost effective than taking someone5 and putting them into some of the more6 costly senior assisted facilities and7 gives them a measure of independence.8 So as we start to plan a city9 that deals with the eventuality of age,10 we want to kind of knit it into the11 fabric of each department. And some12 departments aren't as obviously impacted13 as others.14 Like the prison population is15 getting older. Two guys in their16 twenties fighting it out in the middle of17 the courtyard or the yard is different18 than two seniors fighting, one of them19 slipping and breaking a hip. It has a20 different medical impact, budgetary21 impact. And we need to be planning for22 those things, so I would encourage you to23 do that.24 Finally, land use. I would25 157 4.13.11 COMM. OF THE WHOLE - BILL 1101371 like you to touch on your industrial land2 use study that maybe you participated3 with PIDC in.4
And give us6 some indication of where we're going with7 some of the aging facilities.8 And then I want you to commit9 again -- I got it on the record from the10 capital side -- that there will be a11 comprehensive plan for Market Street of12 which we're talking about 63rd Street to13 46th Street, a shared district with my14 colleague Councilwoman Blackwell in the15 Third District, that we are beginning to16 plan for what comes next after the el17 reconstruction.18
Sure. With19 regard to industrial zoning, we did --20 the City Planning Commission staff did21 participate with PIDC in preparing their22 study. We're using that study as23 guidance.24 When developers come in,25 158 4.13.11 COMM. OF THE WHOLE - BILL 1101371 requesting zoning variances or zoning2 changes as you know, that study3 identified areas that may be4 transitioning from solid, industrial uses5 to other kind of uses. And in those6 cases, we might look somewhat favorably7 on proposals for changes and use that are8 still compatible with those transitioning9 areas.10 In other areas, there were11 geographies of the City that were12 identified as industrial protection13 areas. And where those kind of zoning14 changes or variances are proposed, I15 think we -- you know, we -- it's very16 important to preserve the existing17 industrial infrastructure and the jobs18 that exist in those areas. So there is19 basically a blueprint for, you know, for20 those industrial uses in the City.21 We're also, at this point,22 looking for additional grant funding to23 look at areas, industrial areas, that may24 have seen better days, such as the lower25 159 4.13.11 COMM. OF THE WHOLE - BILL 1101371 Schuylkill River and how the area along2 the lower Schuylkill might transition3 between the universities and airport,4 might transition into some other kind of5 uses where there are vacant or6 underutilized structures.7 And there might be an8 opportunity to take advantage of9 university spin-offs to create new firms10 and create new jobs.11 So we're going to be looking at12 that in the near future.13 With regard to the west Market14 Street --15
I like where19 you're going with this. I would only20 add, as a caveat, the issue of energy,21 and that if there is a way to, in the22 planning, to be bold enough to include23 alternative energy and whether a24 government investment in a old parcel can25 160 4.13.11 COMM. OF THE WHOLE - BILL 1101371 attract new uses, more environmentally-2 friendly uses, by using the two assets of3 either side of the City, which are the4 rivers, whether it's hydroelectric5 turbines.6 I've heard some sci-fi kinds of7 things. But, you know, at one point,8 nuclear power was considered crazy.9 But can we start to commission10 a study to look at how we can convert11 some of those old, inefficient sites to12 some attractive sites by way of grants13 that might be used for some type of14 alternative energy uses, A.15 And then the founding fathers16 of this city, when the City was first17 industrialized, started slowly to convert18 industrial land into parkland along our19 rivers. And that was a wise, lengthy20 process that resulted in one of the best21 park systems anywhere.22 So as we start to plan for some23 of those uses, particularly useful was24 the Schuylkill River Trail. Some of the25 161 4.13.11 COMM. OF THE WHOLE - BILL 1101371 land was converted from older uses to a2 more modern, pedestrian-friendly uses.3 So as we started to say,4 something old, something new, something5 borrowed, something blue. Something old6 can be the industrial sites made new by7 energy uses. Something borrowed may be8 the money that it takes to do that. And9 something blue may be the bottom line if10 we get it right. So...11
One of the12 things that is kind of infused in this13 citywide comprehensive plan is the idea14 of building a greener, more sustainable15 city that takes advantage of alternative16 energy resources.17
And it's kind of19 a cross-cutting principle that is20 reflected in this citywide plan and will21 be also reflected in the district plans.22 The plan also calls for23 completing the network of riverfront24 paths, both pedestrian and cycling paths,25 162 4.13.11 COMM. OF THE WHOLE - BILL 1101371 along all of our river corridors.2
Right, okay.6 Now you can segué to Market Street 'cause7 I know Councilwoman Blackwell will be8 interested in hearing your insights on9 Market Street.10
With regard to11 west Market Street, I've asked our12 community planner for West Philadelphia13 to begin pulling -- to pull together14 stakeholders along the corridor, to begin15 to discuss issues and possible solutions16 for conditions there.17 Now, that particular planner18 has been out of the office on a personal19 vacation. He's back, so I expect that to20 move forward forthwith.21
I would22 remind you that that is a interesting23 stretch of land and respect that it is.24 It has received some of the largest25 163 4.13.11 COMM. OF THE WHOLE - BILL 1101371 capital improvements ever, but the2 unintended consequence was the3 devastation of the commercial corridors4 around there. Fifty-plus businesses,5 some of them family-owned businesses, are6 no longer there. Councilwoman Blackwell7 had to suffer through that.8 But with every bad situation is9 a canvass that creative people can paint10 a new picture; a Phoenix, if you would.11 And we want to begin that process.12 It is a interesting strip13 because more political borders hit there;14 both two Congressional seats touch there,15 two State Senate seats, a whole host of16 State House seats all along one border.17
So if we fix19 that one street, there will be a lot of20 ribbon-cutting for us all to take21 advantage of.22 So I would encourage you. It23 is the heart of both the Third and the24 Fourth District, and we anxiously25 164 4.13.11 COMM. OF THE WHOLE - BILL 1101371 anticipate transit or the development of2 (indiscernible) --3
We'll begin10 moving forward on that very, very11 shortly.12
Thank you,13 Madam President.14 COUNCIL PRESIDENT VERNA:15 You're welcome.16 Are there any other questions17 from members of the committee?18 (No further questions.)19 COUNCIL PRESIDENT VERNA:20 Seeing none, thank you.21
Thank you very22 much.23 MR. McPHERSON: Next is the24 Zoning Code Commission.25 165 4.13.11 COMM. OF THE WHOLE - BILL 1101371 (Witnesses come forward.)2
Thank you.5 COUNCIL PRESIDENT VERNA:6 Please identify yourself for the record7 and proceed with your testimony.8
Thank you. 11 Good afternoon, Council12 President Verna and other members of City13 Council. 11 COMM. OF THE WHOLE - BILL 1101371 period of approximately nine months, as2 the Commission's work should be completed3 by the end of March 2012. 11 The Commission was created as a12 result of a Home Rule Charter change13 approved by the electorate in May of14 2007. 11 COMM. 11 COMM. 18 First, the Planning Commission staff has19 reached out to all community20 organizations to offer presentations on21 the new zoning code. 11 COMM. 15 The Commission must send its16 final report to City Council no later17 than 60 days after the close of the18 hearings. 11 COMM. 11 COMM. 3 In support of these goals, the4 Commission currently has one professional5 services agreement in the amount of6 $230,000, which is held by Clarion7 Associates on behalf of a team of six8 firms. 19 Our participation has been 1720 percent subcontracted to a minority21 business enterprise, and 11 percent has22 been subcontracted with a woman business23 enterprise. 11 COMM. 2 In Fiscal Year 2012, $100,0003 was allocated in Class 100 for the4 Commission. We anticipate renewing the5 existing contract with Clarion6 Associates. 11 This is the end of my12 testimony. 16
Thank17 you very much.18 The Chair recognizes Councilman19 Jones.20
Thanks21 again, Madam President.22 Just to complement what -- or23 expand upon what I mentioned by way of24 Market Street. Are we looking at areas25 173 4.13.11 COMM. OF THE WHOLE - BILL 1101371 like that for transit-oriented2 development? What I'd like to know is,3 what zoning would have to accompany that4 kind of development along a corridor like5 Market Street?6
I think we have7 two specific zoning tools that were put8 in the draft code. One is a set of9 standards for transit-oriented10 development. And in areas such as Market11 Street that are mapped for transit-12 oriented development, there are standards13 that would permit more density, would14 encourage uses that are active, that15 support transit and pedestrians, and that16 would be a good mix for that kind of use,17 would allow additional height and density18 in those areas.19 The code right now establishes20 that. It does not map those areas, and21 that would be done in consultation with22 the Planning Commission.23 I guess the other tool that I24 wanted to mention is, we've also created25 174 4.13.11 COMM. OF THE WHOLE - BILL 1101371 a new base zoning district to support2 walkable neighborhood commercial areas.3 One of the things that we notice in our4 analysis is, there are over 15 different5 neighborhoods in the City where overlays6 have been developed to support a vibrant7 neighborhood commercial corridor, and the8 only tool in the current zoning code was9 an overlay.10 So we have created a base11 zoning district called "Commercial12 Mixed-Use 2.5," and what it does is to13 require that buildings be set right up on14 the street to allow a little bit more15 height and preventing uses that would16 encourage the automobile and, instead,17 encouraging uses that would be good for18 pedestrians and people that use transit.19 So that in the future, you would be able20 to map into that new base zoning district21 to support a neighborhood commercial22 area.23
You know,24 the only good thing about a crisis in25 175 4.13.11 COMM. OF THE WHOLE - BILL 1101371 energy, such as gas prices going through2 the roof, is forcing us to rethink our3 lifestyles by way of our modes of4 transportation.5 I've been to Denver, where they6 tout having some of the best7 transportation and rail lines ever, and8 when I went out there and "kicked the9 tire" to look at what they had, they did10 not have the extensive rail system that11 Philadelphia has. So they're being named12 as the transportation-friendly city, and13 we've had this for 50, 60, 70 years.14 So we need to just build upon15 what we have and start to market it, and16 market it in a way that the developers17 start to understand that increased18 density means increased value to their19 property and then start bringing them20 back in, because this recession at some21 point, God willing and the creek don't22 rise, will end, and we need to be23 prepared with site assembly to be able to24 get more tax-ratable properties in the25 176 4.13.11 COMM. OF THE WHOLE - BILL 1101371 City of Philadelphia so that we can work2 our way out of a deficit.3 The way, in my opinion, to do4 it not "cut, baby, cut," it's "build,5 baby, build," and that's what I'm hoping6 from you.7
Thank you. I8 believe the Commission agrees with you,9 and that's why it's created these tools.10
Thank you,11 Madam Chair.12 COUNCIL PRESIDENT VERNA:13 You're welcome.14 The Chair recognizes15 Councilwoman Tasco.16
Yes, I'm17 really getting some feedback in terms of18 some of the recommendations that are19 being made in the neighborhoods relative20 to how we address some zoning issues now21 around multifamily dwellings or22 specifically the dwellings or two-family23 dwellings and how that may be changed to24 multifamily.25 177 4.13.11 COMM. OF THE WHOLE - BILL 1101371 Are you all making these2 changes that have been problems in the3 community -- not downtown, but in the4 neighborhoods -- and that would use the5 whole zoning process to maintain the6 character of the neighborhood and not7 change it? Are you making the changes8 that you're recommending very clear to9 people in the neighborhood?10 Because I don't want to wake up11 one day and you say, "Well, this can be a12 multifamily dwelling"; that could be five13 apartments on a building, and that's what14 we fight against.15 And converting some of these16 huge properties in East Oak Lane and17 Mt. Airy to multifamily dwellings, what18 does that mean? And that has to be very19 clear.20
We actually at21 our CCC meeting this morning spoke about22 this very issue.23 Just in terms of outreach, we24 have created a number of briefing25 178 4.13.11 COMM. OF THE WHOLE - BILL 1101371 packages, which were --2
But are3 you making it clear to the people when4 you speak to them?5
Yes, yes. And6 we have -- I think this is an area where7 we're going to keep looking at this.8 There are two zoning9 classifications right now where two10 families are permitted but not three11 families.12
And one of them15 we -- in the conversion table are16 converting actually to a single-family17 district.18
So it would not20 permit additional density.21 In the other one, we have22 limits as to the number of units based23 upon the size of the lot, but it's an24 issue that we addressed this morning, and25 179 4.13.11 COMM. OF THE WHOLE - BILL 1101371 I think that we may need to do more2 specifically on that issue.3
Are you4 talking about the size of the lot of new5 construction or existing construction?6
So if I8 have a house in East Oak Lane, which9 people have fought against, we've10 remapped areas to prevent multifamily11 dwellings, 'cause you begin to convert12 those large mansions into these13 multifamily dwellings and you get14 absentee landlords who don't maintain15 them, and the next thing you know, you've16 got an abandoned house, okay?17
Yeah. Let me18 just -- there was no single-family19 district that's being converted to a20 multifamily district.21 The concern that I think has22 been raised and, I think, is a legitimate23 concern has been the two districts that24 permit two-family but not three-family.25 180 4.13.11 COMM. OF THE WHOLE - BILL 1101371 But every single-family2 district is preserved as a single-family3 district, so they would not permit4 conversion to two-family.5 Now, somebody might go and ask6 for a variance, but we're also trying to7 restrict their -- you know, be clear8 about standards for variances, more clear9 than we are now.10
I think11 that -- I mean, you may have done this --12 is looking at some of the neighborhoods13 that where, you know, certainly we --14 Marion Johnson represents some of the15 kinds of opposition we've had to certain16 kinds of variances, to see, to know that17 this is not what the neighborhood has18 been supportive of and make sure that19 that kind of change is not incorporated20 in the new plan.21
I don't23 know how you do that, but some things24 should be done to sort of like go back25 181 4.13.11 COMM. OF THE WHOLE - BILL 1101371 and say, What are neighborhood saying?2 What are they saying to maybe some of the3 outside we're putting forth? Have they4 been supportive of these ideas in the5 past?6
And, you8 know, 'cause those of us who are District9 Councilpeople and not in the commercial10 downtown area are very concerned about11 maintaining the character of12 neighborhoods.13 And also the other issue is14 around businesses. Like we have a lot of15 side yards where people have a basement.16 I had a lady that wanted to open up a17 travel agency, and I said, Well, no, you18 can't do that. It will change the19 character of the neighborhood because20 when you open up a business, somebody21 else at the other accord opens up a22 business, then they got all these23 commercial sites in the basements of24 homes, and that changes the character of25 182 4.13.11 COMM. OF THE WHOLE - BILL 1101371 neighborhood.2
And we4 don't want that. We've been very5 successful in maintaining a residential6 character for the neighborhoods that I7 represent and I'm sure that other people8 represent too.9
Yeah. We are10 scheduling meetings with each District11 Councilperson and/or their staff to go12 over exactly that level of specifics in13 terms of what uses are in the draft right14 now and to make sure that there are no15 unintended consequences.16 I think some of the issues you17 raised have come up in other meetings. I18 was out at Somerton Civic Association19 last night, and the issue of businesses20 and residential came up, and one of the21 things I was able to say there is that22 while these would be permitted, there are23 a very strict set of standards so that --24 and people had misinformation, which is25 183 4.13.11 COMM. OF THE WHOLE - BILL 1101371 fair enough.2
It's a4 complicated issue, so we have created5 standards so that it would permit6 somebody who's working at a computer7 doing graphic design perhaps to continue8 to do that in their home.9
But it wouldn't11 allow a travel agency with people coming12 in and out and trucks and deliveries to13 be operating in that neighborhood.14 So in many cases with the uses,15 we've tried to build in automatic16 standards. And one of the things we're17 doing right now in these two-and-a-half18 months is trying to vet those standards19 to make sure we have it right; and when20 we need to change it, we will.21 So that's the part of the22 process we're in right now.23
Okay,24 thank you.25 184 4.13.11 COMM. OF THE WHOLE - BILL 1101371 Thank you, Madam President.2 COUNCIL PRESIDENT VERNA:3 You're welcome.4 I think that many of us have5 heard from some of our constituents about6 their concern that constituents may not7 be able to have the involvement in a8 development as they have today or in the9 past.10 Is that true?11
Alan14 Greenberger, Deputy Mayor for Economic15 Development.16 Actually, that one came up this17 morning too -- oh, actually not; I'll18 change that: It didn't come up; I19 brought it up this morning.20
Oh,21 good.22 DEPT. MAYOR GREENBERGER:23 Because I think there's some24 misconceptions floating around about that25 185 4.13.11 COMM. OF THE WHOLE - BILL 1101371 as well. And so, let me be clear about2 what we've done.3 We have very carefully looked4 at our system, trying to create a5 citywide system that applies everywhere6 for how we solicit community input on7 issues that either require variances or8 are what we call sort of "high-impact9 projects" that have a special review10 attached to them.11 And what we've said -- there's12 some misinformation that people think13 that we're trying to shut out public14 participation, and it's actually not that15 at all. The same level of public16 participation that exists now will exist17 in the future;18 That is to say, at public19 hearings that are either Planning20 Commission, Historical, Zoning Board of21 Adjustment, and certainly Council, the22 public has the same right to participate23 as they have always had.24 What we have done is said that25 186 4.13.11 COMM. OF THE WHOLE - BILL 1101371 we would like to reward communities that2 have organized efforts at dealing with3 development review in their neighborhood.4 We'd like to reward those and thereby5 also encourage other communities to do6 the same, because it just makes for a7 better review process -- not just for us8 but for communities.9 And so, what we've said is10 that -- these are called "Registered11 Community Organizations," and we've said12 that the way to reward them is to ensure13 that in any review that comes before us14 as a public agency, that organization is15 given notice, special notice, and is16 required to provide testimony on a17 project which could include testifying18 that they have no opinion.19 It doesn't preclude anybody20 else coming before us or any public21 agency from testifying, but it ensures22 that they do.23 So I think some of the24 confusion that you possibly have heard,25 187 4.13.11 COMM. OF THE WHOLE - BILL 1101371 or at least that we've heard, is sort of2 saying, Well, if these registered3 community groups get the opportunity to4 testify, it must mean that everybody else5 doesn't. That's not the case.6
Well,7 I don't know about other areas, but I am8 finding -- and I must have in one not9 very large section at least six or seven10 different community groups.11 DEPT.
And12 we'll let them all be registered13 community groups based on some pretty14 easy criteria that we would ask them to15 submit to us, and then they would all get16 that opportunity.17 And the goal of this is to try18 to make the review process for projects19 that need public review more consistent20 throughout the City and at least a little21 clearer to applicants and developers so22 that they don't have to discover a new23 process every time they go to a different24 neighborhood.25 188 4.13.11 COMM. OF THE WHOLE - BILL 1101371
Very2 well. Thank you.3 The Chair recognizes Councilman4 Jones.5
I'd like to6 yield to my colleague Councilman7 Greenlee.8 COUNCIL PRESIDENT VERNA:9 Councilman Greenlee.10
Thank11 you. Thank you, Councilman. I12 appreciate it.13 I don't have the14 (indiscernible) as Councilman Jones does,15 so I'll try to be -- describe as well as16 I can.17 But just to follow up on what18 the Council President said and19 Councilwoman Tasco, I know when we did20 the Zoning Code Commission, when we first21 went through it, it was one of the first22 bills that went through when I was the23 Chair of the Law and Government24 Committee.25 189 4.13.11 COMM. OF THE WHOLE - BILL 1101371 I remember particularly from2 the northeast part of the City because3 they have some extensive zoning4 committees up there, and you mentioned5 Somerton and Bustleton and all of that6 and plus other areas, that there was7 going to be this concern that there8 wasn't going to be as much community9 involvement.10 And they kind of have, over11 those years, learned the zoning code, and12 I guess they were concerned that some13 rights were being taken away from them.14 But I know you -- that's the15 way of saying I know you've had a lot of16 civic engagement, and maybe you could17 talk just a little bit more about that,18 you know, because I know there's a --19 there is -- I think there still is20 concern, and I think when it comes back21 here to Council, we're going to hear from22 a lot of those groups that at least23 believe that some of their -- I don't24 know if "power" is the right word or25 190 4.13.11 COMM. OF THE WHOLE - BILL 1101371 rights maybe are being at least lessened.2 And, again, saying that, I3 understand there's a lot of things in the4 present code that needed to be5 modernized; there's no doubt about that.6 But --7
Thank you.8 Two things. One is, during9 this period, if there are particular10 groups who may have a concern, we are11 happy and eager to go out and talk to12 them and make sure we are very specific.13
And we have a15 lot of documents and materials to give16 groups so we can get that feedback.17 We're being very specific about changes18 in uses just so that we flush out any19 issues now, before we hand the document20 to the City Council sometime in May.21 In terms of the kind of22 community's right to participate, we've23 created a system. Right now, community24 groups learn about a project that's going25 191 4.13.11 COMM. OF THE WHOLE - BILL 1101371 in front of the Zoning Board of2 Adjustment either from their Council3 office, or they read about it when a ZBA4 hearing is set up.5 We have set up a system where6 the applicant has to give notice within a7 certain period of time of applying for8 the zoning permit, so it's earlier in the9 process.10 We've also set up a system that11 says the applicant, the zoning applicant,12 must meet with any of the registered13 groups before the ZBA hearing, or before14 this design review process, so that they15 have a voice early in the process and16 they're not finding out a week before a17 hearing and having to kind of hurry up.18
And we've20 created a timeline that respects the fact21 that a lot of these groups meet on a22 monthly basis to get them enough time to23 set up a meeting with a developer and to24 be able to document what came out of the25 192 4.13.11 COMM. OF THE WHOLE - BILL 1101371 meeting.2 One other thing that we've done3 is -- again, 'cause this came out of4 community groups when we surveyed them5 during the last few years, is that we're6 extending the time for posting of ZBA7 hearings. Right now, those hearings are8 posted with the orange posters for 129 days; we've extended that to 21 days.10
And often,12 those hearings end up being postponed or13 rescheduled. And we're requiring that if14 it's scheduled more than a week later, it15 has to be re-posted so, again, the16 community, through that method, will have17 more information than they have now.18
And then I will20 go to what Alan Greenberger said, which21 is that those registered community22 organizations are going to have that23 early information and have that meeting.24 There should be public meetings and the25 193 4.13.11 COMM. OF THE WHOLE - BILL 1101371 same opportunity to present testimony or2 to submit letters will be available as is3 available now.4 We're just trying to help the5 groups get it earlier and more6 information.7
And do8 you feel those community groups know this9 by now? Has that outreach been there?10 Do they understand that?11
I think that12 there's a varying degree of attention13 being paid to the new zoning code by14 different groups throughout City.15
So groups in17 South Philadelphia or Center City, East18 Falls, you know, some other areas have19 been paying a lot of attention and have20 come to ten, twenty, thirty activities of21 the Zoning Code Commission.22 And, of course, we've done a23 lot of those meetings.24
Mm-hmm.25 194 4.13.11 COMM. OF THE WHOLE - BILL 1101371
But, you know,2 some of the meetings had twenty people3 and some have had a hundred.4
The West6 Philadelphia meetings, as Councilwoman7 Blackwell knows, have had many, many8 people.9 But I am sure that there are10 still people or groups who will say they11 don't know enough, which is why we've12 been spending these two months trying to13 get out there.14 And so, again, if you're aware15 of a group that you think may not have16 focused, we would like to know, and we17 will go out and have a very detailed18 conversation with them and get their19 feedback.20
Okay.21 That's good.22 Because, again, I think that's23 one of the main concerns that people24 aren't, you know, at least -- and I know25 195 4.13.11 COMM. OF THE WHOLE - BILL 1101371 there's a certain percentage of people2 who always wait until the last minute to3 pay attention; I understand that.4 But it's good that you have had5 this, dialogue 'cause I know there was6 that concern before the bill even got on7 the ballot, you know, that there was8 going to be this sort of taking away of a9 certain amount of power.10
Thank15 you, Madam President.16 Thank you, Councilman Jones.17 COUNCIL PRESIDENT VERNA:18 You're welcome.19 The Chair recognizes Councilman20 Jones.21
Thank you,22 Madam President.23 I, like Councilwoman Tasco,24 represent a district that, in particular25 196 4.13.11 COMM. OF THE WHOLE - BILL 1101371 areas, I have groups that are so on top2 of this, that they inform me about what I3 should know about it.4 There is one area that comes to5 mind that might serve as a teaching tool6 for me, and it's 63rd Street from Market7 to, I want to say, Nassau Road. Adjacent8 is another block called Wynnewood Road.9 Now, to describe these areas,10 they are large mini mansions. They are11 eight-bedroom, possibly some of them even12 more, some three-story, and they are13 particularly interesting because some of14 them have fallen into a state of15 disrepair, A. And the use as a16 single-family dwelling is slim and none.17 Well, I'm not -- I guess I shouldn't say18 that, but it's less likely today.19 Families aren't as big as they once were.20 The neighborhood -- to upkeep21 that particular large structure both from22 energy and renovation is probably23 astronomical, and the economics of the24 buildings lend themselves to want to be25 197 4.13.11 COMM. OF THE WHOLE - BILL 1101371 several types of multipurpose and2 mixed-use properties.3 The danger there is -- and I4 guess the question I'm asking is, if we5 did a predictable zoning overlay that6 says these properties can do the7 following use -- mixed uses and8 residential -- there are subtle9 differences that I want to be able to10 make sure is embedded in the code.11 There's a difference between a12 doctor's office and a physical therapy13 office. There are subtle differences14 between a lawyer's office, a real estate15 office or a high-volume traffic types of16 businesses that all could probably be17 housed in these beautiful dwellings, but18 in the intersperse between those19 dwellings are people who actually live in20 those single-family units.21 So how do we take something22 like that that is kind of eclectic and23 give the predictability that you want and24 still provide the residents the ability25 198 4.13.11 COMM. OF THE WHOLE - BILL 1101371 to object to a particular subtle type of2 use?3 I remember distinctly -- and4 I'll let you answer, and this is near5 that neighborhood but not quite on those6 blocks. There's a guy who came in and7 told me -- I mean, I swear to you,8 convinced at least my staff that he was9 trying to develop a family restaurant10 similar to, and I quote, Chuck E. Cheese.11 And I'm saying, Oh, wow, a12 Chuck E. Cheese in my neighborhood, that13 sounds like fun. I could see myself14 taking my grandkids to lunch there on a15 Sunday afternoon16 Well, when I went in there, the17 first indication was that it was the18 largest bar I've ever seen. I mean, it19 literally went to close to a 25-foot bar.20 It is the largest bar. And I said, Well,21 I don't know how many kids want to eat22 pizza at a bar like that23 And then the subtlety of what24 was going up, after I appealed the -- he25 199 4.13.11 COMM. OF THE WHOLE - BILL 1101371 wanted to have a nightclub, and what he2 was going to probably do was adult3 entertainment of sorts, and it's a far4 cry from a Chuck E. Cheese Luckily, my5 grandkids would have been in shock and6 awe.7 But the point of it is, how do8 we protect residents from those similar9 uses yet very different uses under this10 new design?11
We've had many12 of the same concerns and discussions.13 And so, there are three14 different ways, at least three different15 ways, uses are being categorized in the16 new zoning code.17 One is an absolute yes, it's18 permitted. Another is no, it's not19 permitted. Another, which is currently20 called "a certificated use," would be an21 S, called a special exception. That22 requires a hearing at the Zoning Board of23 Adjustment, and there is a burden to24 present basically that that use is in25 200 4.13.11 COMM. OF THE WHOLE - BILL 1101371 harmony with that neighborhood, and there2 will be criteria.3 In addition, for some of those4 uses, we also have specific standards5 that apply. And so, we have worked very6 hard on creating a definition for7 "nightclubs" and "private clubs," and8 talking about standards for those and9 differentiating those from restaurants,10 because a restaurant might be much more11 palatable than a nightclub.12
And so, we14 worked very hard on the definitions15 themselves and on having standards16 attached to them.17 So if you wanted to -- I don't18 know what that area you're talking about,19 how it's presently zoned, but if you20 wanted to zone it to a mixed use -- for21 example, what's now C-2 -- there would be22 certain uses that would be permitted as23 of right, there would be certain uses24 that would never be permitted, and there25 201 4.13.11 COMM. OF THE WHOLE - BILL 1101371 would be some that would require that2 trip to the ZBA for the neighbors to3 weigh in.4 And in addition, there would be5 those standards set up for uses that6 might have, you know, a negative impact.7
I appreciate8 the thought given to those definitions.9 And that probably works for the honest10 person. I'm talking about safeguarding11 against the dishonest person that says,12 This is a duck. Look, it walks, it13 quacks; but yet, it can't swim.14 And so how do we safeguard when15 I say, This is a Chuck E. Cheese. And16 we're all looking at it in disbelief,17 saying, This is not a Chuck E. Cheese.18 So when there is a dispute,19 what are the automatic kickers? What are20 the rights to protest or try to examine21 further the assertion that this is a22 Chuck E. Cheese?23 DEPT. MAYOR GREENBERGER:24 Well, let's say -- I know the area you're25 202 4.13.11 COMM. OF THE WHOLE - BILL 1101371 talking about, big houses up somewhat --2
Beautiful,3 beautiful --4 DEPT. MAYOR GREENBERGER:5 Beautiful houses, yeah, really6 spectacular.7
It's the8 best district except for the 9th and the9 3rd in the City of Philadelphia.10 DEPT.
So I11 don't know the zoning for that stretch,12 but I'm guessing it's big, single-family13 residential zoned, mostly likely.14
So16 there are a couple of things.17 And where I thought you were18 going with this was, you don't have a lot19 of single families probably living there,20 particularly single families who can21 maintain buildings of that size. And so,22 what's their out?23 And so, in the current -- in24 the proposed code, that zoning may get a25 203 4.13.11 COMM. OF THE WHOLE - BILL 1101371 different name, but it's not going to be2 changed; it's still going to be3 single-family zoning.4 Now, in the district remapping,5 the new rule book, which you're going to6 be looking at sometime this year, will7 define different zoning types that will8 allow some level of either additional9 residents or additional commercial mixed10 use.11 But the key to your Chuck E.12 Cheese -- and I was thinking it's -- you13 probably -- the guy probably said "Chucky14 Cheese," not "Chuck E. Cheese.15
-- probably20 tried to slip one by me.21 DEPT. MAYOR GREENBERGER:22 Yeah, but -- 'cause I remember Chuck E.23 Cheese when the kids were little.24 And I don't care what he calls25 204 4.13.11 COMM. OF THE WHOLE - BILL 1101371 it; he's going to have to identify uses,2 because the whole structure of the code3 in relationship to what you can and can't4 do in a district is related to uses.5 So one is the remapping process6 where, in an area like that, I can7 imagine at least a healthy argument about8 what should this be, given that single9 family may not work in the long run may10 not work now.11 But then, even separate from12 that, if you think that there is a13 different zoning possibility for a place14 like that, the new code's rules are set15 up to basically force people to tell us16 what they're doing.17 Now, obviously, it's sort of18 hard to keep people from lying, it's hard19 to make a rule book that says you can't20 lie, and then they stick to it if they're21 liars, right? But it's incumbent then on22 Planning and L&I to make sure to vet the23 thing carefully.24 And at least our experience so25 205 4.13.11 COMM. OF THE WHOLE - BILL 1101371 far is that between those two2 organizations and numerous community eyes3 and ears, the truth comes out before the4 reality happens.5
Okay. And6 let's say, in the past, we've been able7 to say -- and the community, more8 importantly, has been able to say -- I9 like this but I don't want the door on10 this side, and I want the sign not to be11 so bright, and it's shining in my window.12 DEPT. MAYOR GREENBERGER:13 Right.14
And those15 little subtle workouts were done because16 of the nature of the process and the17 approval.18 Do we lose some of that?19 DEPT.
Tell me how.21 DEPT. MAYOR GREENBERGER:22 Well, first of all, to the extent that --23 I mean, you said -- you mentioned a24 number of things.25 206 4.13.11 COMM. OF THE WHOLE - BILL 1101371 To the extent that they are2 subjects that are covered by zoning, like3 signs, we're going to be -- we're going4 to use the same kind of careful and5 thorough method to sort of saying what6 you can and can't do with signs within7 certain districts. So there's going to8 be tight regulations associated with9 that.10 As you get to like within the11 property itself, I could live with the12 door here, but I can't live with the door13 there --14
Which are15 probably conforming uses as we know it,16 but in that process, there was a17 back-and-forth, how shall I say,18 negotiation on that happened between the19 residents who have to live with this20 stuff --21 DEPT. MAYOR GREENBERGER:22 Right.23
-- and the24 operator goes home every night and25 207 4.13.11 COMM. OF THE WHOLE - BILL 1101371 doesn't.2 DEPT. MAYOR GREENBERGER:3 Right.4
You know,5 the trash winds blowing over on my step6 because of where your door is.7 DEPT. MAYOR GREENBERGER:8 Right.9
So those10 little negotiations, even though not11 covered inside or outside of the zoning12 code, happen. How does that exchange13 happen?14 DEPT.
It's15 a bit of a subtlety but it's an important16 and powerful one.17 'Cause what happens now is that18 almost nothing is of right at this point.19 And so, because everything becomes a20 variance or an ordinance or however it's21 going to get handled, there's an entrée22 to talking about anything and everything:23 where the door goes, how you operate.24 Community agreements are set up around25 208 4.13.11 COMM. OF THE WHOLE - BILL 1101371 that. And so, that's how that happens.2 But what I think the new code3 is trying to get to is to say, if we4 can't establish proper conditions for5 development, whether it's mixed use or6 whether it's single use, with proper7 standards attached to them that are8 crafted to mitigate some of the things9 that we can mitigate under zoning, people10 ought to be more than comfortable when a11 use like that that does have to conform12 to those standards shows up.13 So it's kind of doing the work14 beforehand --15
--18 rather than -- now, it doesn't mean -- so19 there might be a situation where there is20 an of right use in a zone that is21 perfectly okay, and there's still an22 argument about "I'd rather have the door23 here and there," and these start to be24 things that live outside of zoning.25 209 4.13.11 COMM. OF THE WHOLE - BILL 1101371 And so, there is not a process2 where --3
I4 understand.5 DEPT. MAYOR GREENBERGER:6 There is not a process in which we can7 say anything's on the table, and anybody8 can, therefore, stop anything, 'cause9 that's the flip side of "I'm concerned10 about where that door is." So --11
I've12 actually lived on both sides of that13 issues, where -- what's it's called,14 "BANANA" (build absolutely nothing15 anywhere near anything) theory.16 DEPT. MAYOR GREENBERGER:17 Right.18
And I19 understand the frustration there, but I20 also understand the frustration of the21 senior citizen that says, "I used to sit22 out on my porch. The light is now here.23 And if the door were over there, it would24 make my life liveable."25 210 4.13.11 COMM. OF THE WHOLE - BILL 1101371 So there's a balance and a2 trade-off that I think we kind of need to3 be conscious of at least and be careful,4 if we can, to not give away too much of5 that back-and-forth leveraging that we6 do.7 DEPT.
Now, on some10 hands, it's a pain in the rear, and I've11 experienced that side of it. And on the12 other hand, it's a valuable, good-13 neighbor tool that allow people to14 coexist in piece.15 DEPT.
And16 if I could just add one other thing,17 Councilman, 'cause these are really18 important issues like day-to-day in all19 neighborhoods, including even in the20 center.21 If you have a situation where22 that person's sitting on their porch and23 they're there because they thought that24 they had bought into a single-family25 211 4.13.11 COMM. OF THE WHOLE - BILL 1101371 area, and now suddenly, there's a2 commercial operation across the street3 with a sign, and it's, lit that's a4 problem, right? Because regardless of5 how that got there, that's a problem,6 because the expectation, based on at7 least the zoning, was different.8 The flip side of that -- and we9 see the flip side one as well -- is10 people move into areas that are, in fact,11 zoned and have been zoned for substantial12 mixed use, and then say "Oh, yeah, but I13 actually don't like that facility, you14 know, that store's owner" or "I don't15 like how they operate." And so, that's16 flip side of it. And we say, "Well,17 like, you moved into this thing."18
"Why are the23 trains so loud, Councilman?" And I said,24 "Well, there are tracks there that were25 212 4.13.11 COMM. OF THE WHOLE - BILL 1101371 there" --2 DEPT.
So3 that's kind of the inevitable balancing4 act that we're trying to do, with the5 intention of getting as much approval and6 agreement up front, before the issue even7 comes up. That's really the thrust of8 the new code.9
Well, I10 applaud you for taking this issue on and11 trying to save trees by reducing the size12 of paperwork in order to get things that13 should be predictable done.14 But as a District15 Councilperson, I want to work with you to16 make sure we don't throw the baby out17 with the bath water, that that input from18 the community and, God forbid, an elected19 official every now and then gets in, all20 right?21 Okay. Thank you, Madam22 President.23 DEPT. MAYOR GREENBERGER:24 Thank you for the --25 213 4.13.11 COMM. OF THE WHOLE - BILL 1101371 COUNCIL PRESIDENT VERNA:2 You're welcome.3 The Chair recognizes4 Councilwoman Blackwell.5
Thank6 you, Madam President.7 I just note for the record that8 perhaps we just better review where we9 are. We thank you and we know we've had10 our private meeting with you with regard11 to the whole issue of the word,12 quote/unquote, prisons and how reentry13 centers are not prisons and how we're14 dealing with that specific issue.15 Would you review that?16
Yes,17 Councilwoman.18 After our meeting with you,19 I've had several conversations with the20 Deputy Mayor's Office for Safety. I21 actually sent them some draft definitions22 for -- one for a reentry facility that23 was focused on providing services, and24 another for a reentry facility that was25 214 4.13.11 COMM. OF THE WHOLE - BILL 1101371 residentially based.2 I've asked them to review that.3 And as soon as I hear back from them,4 I'll share that with you as well.5
And12 I'd appreciate your sharing it with me13 because I think we have --14
Are21 there any other questions from members of22 the committee?23 The Chair recognizes Councilman24 Clarke.25 215 4.13.11 COMM. OF THE WHOLE - BILL 1101371
Thank you2 Madam President.3 Madam President, we had a -- at4 the discussion earlier we had with the5 Administration about some potential6 Capital Budget amendments, and I would7 like to offer them at this time, just to8 explain that there was some requests9 about a number of Councilmembers about10 possible capital dollars being put aside11 for alley lights that are owned by the12 City of Philadelphia for possible13 replacement that would qualify under the14 Capital Budget Program and potentially15 some of the neighborhood commercial16 corridors that have a public purpose that17 would qualify.18 So what we would like to do is19 introduce the amendments. There will not20 be a vote. The intent is to get it in21 before, 'cause there's a time frame22 associated when you can offer amendments23 for Capital Budget, 'cause there's an24 issue with the Planning Commission.25 216 4.13.11 COMM. OF THE WHOLE - BILL 1101371 So I would ask that we go into2 a public meeting so we can offer the3 amendments.4
We5 will continue our -- does everybody have6 a copy of the amendments?7 (Copy of amendments is8 distributed.)9
Does10 everybody have a copy of the amendment?11 We will now continue our public12 hearing and go into a public meeting.13
Okay.14 Thank you, Madam President.15 Madam President, I would just16 like to offer proposed amendments to Bill17 No. 110035, in addition to which I18 propose an amendment to Bill No. 110036,19 which covers both alley lighting and20 commercials corridors. I request no vote21 at this time.22
Very23 well. And we'll make sure that the24 stenographer has a copy of both, please.25 217 4.13.11 COMM. OF THE WHOLE - BILL 1101371 Thank you.2 We will now go back into our3 public hearing.4 I want to thank you both very5 much for all of your cooperation. I'm6 sure we'll be seeing a lot of each other7 in the very near future before this is8 over.9 Thank you.10
Thank you.11 DEPT. MAYOR GREENBERGER:12 Thank you, Madam President.13
This14 committee will stand in recess until15 Monday, April the 18th, at 10 o'clock.16 Thank you.17 (Proceedings end at 3:20 p.m.)18 * * *19 20 21 22 23 24 25 218 C E R T I F I C A T E2 I HEREBY CERTIFY that the4 proceedings of the City of Philadelphia Council5 Committee of the Whole are contained fully and6 accurately in the stenographic notes taken by7 me on Wednesday, April 13, 2011, and that this8 is a true and correct statement of same.9 10 11 12 _________________________________13 JOSEPHINE CARDILLO14 Registered Professional Reporter 15 16 17 18 19 20 (The foregoing certification of21 this transcript does not apply to any22 reproduction of the same by any means, unless23 under the direct control and/or supervision of24 the certifying reporter.)25