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.