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