Committee Hearing, April 28, 2004

Rick, they don't really need your help --

You're out of order.

-- and you're not helping them.

You're out of order.

Councilman Cohen, I think you had asked for a point of order. Actually, Councilman Nutter was next, then Councilman Mariano and then you. And I thought your point of order would be following what Councilman Rizzo was asking. So rather than belabor this issue, I think it was asked. I think we have to move on to the --

I don't think it's belaboring an issue when we're trying to get something --

But it wasn't your turn.

Well, you asked me to speak. 126 Whole - 4/28/04 - Bill 020455

I didn't ask you to speak. You raised your hand --

I did not say it was following up Rizzo. I said it was following up my own question.

Well --

In turn.

You asked whether I was following up with Rizzo, and I said no. 14

Councilman Rizzo?

Because I wasn't.

When Councilman Cohen --

But he asked a question.

-- asked for the point of information, I wasn't finished, but I did say I was finished just to try to be accommodating. I would like to just ask a 127 Whole - 4/28/04 - Bill 020455 30-second question so I can end this contact. Could you tell me the relationship, Commissioner Solvibile, that we have with the Streets Department for the Streets Department to report construction activity that may be put out at the curb? What's the relationship we have, again being proactive when the Streets Department comes to a location? And, again, the reason I'm asking you this, many times I talk to some of the employees in the Sanitation Division and they complain that they have to pick up construction debris and it's suggested that there is work going on in a particular premise, because each trash day there's significant construction materials put out for collection. Do we have some kind of a relationship?

The Streets Department has a complaint unit or a service, and they daily have contact with our services and operations unit. Their customer service reps and our customer service reps daily 128 Whole - 4/28/04 - Bill 020455 communicate. So any concern that the Streets Department employee has given through that system would come into our system and we would handle or investigate the complaint.

I doubt very much there's very many employees of the Sanitation Division that would call customer service to report construction debris on their route.

I'm not at all sure. The answer to the question, though, is that there's a unit in Streets and a unit in Licensing and Inspections who daily communicate concerns back and forth. It's an issue that if we receive an issue that's a Streets Department-related issue, we will communicate to them, send people to them, and they do it with us. So that relationship has worked for years and rather well. But I don't know what the sanitation workers would do or not do.

We'll find out later this afternoon. So, again, if a communication came 129 Whole - 4/28/04 - Bill 020455 in that a truck was in front of a certain location and there was significant construction debris, they radioed it in, you would assign someone to investigate the source of that construction debris?

Absolutely.

Thank you. Thank you, Madam Chair.

Thank you. The Chair recognizes Councilman Nutter.

Thank you, Madam Chair. Mr. Perri, you said something in response to a question I think from Councilman Rizzo, which I had planned to ask you anyway, so let me start there. You said that you have 29 inspectors. Are these the Housing and Business Compliance inspectors?

These are the inspectors assigned to the Construction Services Branch that do what would commonly be 130 Whole - 4/28/04 - Bill 020455 known as building inspections. They're looking at work in progress.

They're looking for what?

They're looking at work in progress, work in which a permit was obtained, there's required inspections to be made.

And, Councilman, in addition to the 29, there's roughly 12, I believe -- inspectors in 13 Contractual Services supporting the demolition 14 program and the NTI program. They're also code officials that oversee demolition that are the same classification.

How many Housing and Business Compliance inspectors do we have?

It's 40 Housing inspectors and 20 Business Compliance inspectors.

40 Housing. And what was that? 20?

20 Business 131 Whole - 4/28/04 - Bill 020455 Compliance inspectors.

Now, how many houses do we have in Philadelphia?

There's approximately 400,000 parcels in the City of Philadelphia. It's generally estimated to be about 200,000 of them are residential.

Are you sure there are only 200,000 houses in the City?

They're the estimates that we use as a rule of thumb based upon the information that we have. There's probably better sources that could give you an exact number, but they're the estimates that we have available to us.

I thought when we went through a painful exercise with the Board of Revision of Taxes along assessment increases, I thought there were somewhere between four and 500,000 residential properties in the City.

I would defer to the number that they provided to you rather 132 Whole - 4/28/04 - Bill 020455 than the numbers that we would use based upon the number of zoning files in cases that we have.

Okay. It's just a number that I remember based on how many people got assessment increases. This was in '02 versus the number who did not. In any event, and I think we went through this a budget or two ago, I mean, how do you provide the level of service that I know you want to provide with 40 Housing inspectors and Business inspectors for a 14 City of our size? 15

Councilman, the 16 level of service is based on the severity of 17 the complaint. The issues with the Housing 18 inspectors -- the Housing inspectors and 19 Business Compliance inspectors, for the 20 record, are two separate units that handle two different issues. Business Compliance handles mainly business inspections and commercial locations. They at this point are still doing census track inspections and they're also doing complaint-driven inspections. 133 Whole - 4/28/04 - Bill 020455 On the Housing end, we are actually at this point fielding approximately 1,200 inspections a month in that unit in relationship to housing issues, property maintenance issues and housing and fire issues. The housing and fire issues take precedence over -- I mean, the fire issues take precedence over any other complaint that comes into the unit. But we are, in reality, getting to 90 percent of those inspections a month of the complaints.

You're getting to what?

Approximately 90 percent of those inspections per month.

Okay.

Councilman, we're also in areas like with our R-2 program where we're proactive and we don't wait for complaints, we go into buildings of three or more apartments on a routine basis without a complaint to insure that the fire alarm and the life safety issues are, in fact, being up 134 Whole - 4/28/04 - Bill 020455 to date and current.

A couple last questions. The Managing Director, when he was here about a week or so ago, talked about enhanced enforcement regarding illegal signs on poles. In the past, I know the department has been asked about that as well. Are you involved in this signage enforcement issue?

As of the present time, the City of Philadelphia was sued in Federal Court and we were remanded from taking any enforcement actions against temporary signs. And we are awaiting the City's lawyers to give us additional direction on what the next steps are.

Well, I think you're talking about the recent Bill 20 that was passed primarily regarding political posters. But, again, the Managing Director actually in his testimony a couple weeks ago -- I may still have it here -- talked about going after the illegal signs that are primarily up by companies. He talked about 135 Whole - 4/28/04 - Bill 020455 having gone after, I think, a couple of them and issued some cease ops orders. He talked about a new tool or device or something that he carries around in his car to take them down and made actually no mention of the lawsuit, which I think was in progress at the time. So are we talking about two different things?

No, we're not talking about two different things. What happened is, we do have a program that we have working with community groups, and I can get you the figures on how many signs we've taken down, how many intent to cease letters have gone out due to the fact that we did go after the companies that were producing these temporary signs. I could show you an issue where we even went to the promoter, didn't have his name on the sign, so what the issue is --

The question was, were you guys involved in it.

Yes, we were 136 Whole - 4/28/04 - Bill 020455 involved in that. And at this point, as Deputy Commissioner Perri said, the unfortunate part is, those temporary signs have now gotten thrown into that lawsuit with the election signs, so at this point, we're at a standstill on enforcement.

Just to follow up on that, Commissioner Verdi, I've been advised that we can only take action at this point against signs that have been pasted on various poles in the City. We're still remanded from removing other types of either political campaign signs or advertising signs on poles until we can sort out the judge's rulings involved with the lawsuit.

Wait a minute. So if it's pasted on, you can do something about it, but if it's nailed on, you can't?

That's my understanding.

That's correct.

On a regular wood, I think generally, either PECO 137 Whole - 4/28/04 - Bill 020455 or telephone company pole?

Like I said, the judge made a ruling and I believe the City is appealing that ruling, but it was fairly broad-based in preventing us from taking much enforcement action against these signs at this point in time.

Well, I think even before we passed the Bill, which was last year, it was already illegal to have some of these signs on poles anyway, right?

Correct. What happened was, the lawsuit went beyond just a recent amendment to the sign --

I didn't read the complaint, so I don't know what the filing was, but okay. Well, that will be interesting. Commissioner, I have one last issue, which I think I'm getting the supreme bureaucracy treatment. It involves a property that you and I have talked about on a number of occasions and I'm still getting calls about it as recently as either yesterday or this 138 Whole - 4/28/04 - Bill 020455 morning. 6028 Daniel Street was supposed to be demolished last year. As recently as this morning, a constituent called about that property, and I'm at a loss to explain why it hasn't been torn down. I need the property demolished.

And I hear you, and I'll provide an answer this afternoon as to why and what will happen. And I'm at a loss as to why that property has been not demolished at the present time and I'll have to give you that answer, Councilman.

I would greatly appreciate it. I mean, it's ours, it's on our property, we own it. It's time for it to go.

Councilman, I said the street name before you said it, when you said 6028. But I would have to really get back to you on why it has not taken place.

All right. I got a call this morning about it. I'd like to move on from that. Thank you. Thank you, Madam Chair. 139 Whole - 4/28/04 - Bill 020455

Thank you. The Chair recognizes Councilman Mariano.

Thank you, Madam President. Before we get into it, one of the important things that Councilman Nutter said I want to talk about, but I'd just like to thank everyone at this table. I know I personally have your cell phone numbers. Didn't we give you your cell phone back?

I changed my number.

I still have your number. I can track you down. But I really harass these guys.

And he told the City Hall operator not to give his number to you.

And I got a feeling every other Council person does, not to place you above any other --

I 140 Whole - 4/28/04 - Bill 020455 don't think that's so. I think we all have their cell numbers.

Not to place you above any other department, but you guys are very responsible and I think you're doing a good job with the money we give you. And I know there's always more money that you need, and I think your people are very responsive, from Janice that answers the phones, who grew up on my street, who I did not know worked over there until I became a Councilman, does a great job. I won't say her last name not to embarrass her, but she's a very short woman, amazingly short.

I'm sure she's back there listening to this.

Oh, yeah. Hi, Janice. Councilman Nutter was on the pole thing. I guess I am -- not the pole, Councilman is not on the pole, but the pole sign. I guess I am the culprit of the sign. Now, in this City, it seems that billboards are bad, but little teeny signs, 141 Whole - 4/28/04 - Bill 020455 which are little teeny billboards, are good. This isn't a shot at any Councilman in particular or any group. I can't understand. I have an idea, and I say we have to get these signs down. Whether they're for Rick Mariano, Anna Verna, anybody, weight loss, computers at home, baby-sitting, they look bad. It's as bad as graffiti. It's as bad as taking a spray can and writing on that column Vote for Rick Mariano, Vote for Anna Verna, Councilman Cohen. This isn't against anyone. I asked the Law Department to write this Bill. They write the Bill. They write the Bill. The Bill gets overturned. I don't know why. I didn't go to law school. I should have went to law school instead of Local 98 school, but I didn't. I don't understand. I don't want to understand. All I know is, now, as Councilman Nutter was befuddled, it seemed to me over there, at the other stuff -- and I know this isn't your fault or anyone sitting there. It's judges, and that's why they're judges and 142 Whole - 4/28/04 - Bill 020455 that's why they don't have to answer to anybody, because they're all basically nuts anyhow when they put that robe on. Because I've been screwed by the best of them in my political career and I probably will get screwed more after this, but it don't matter. The lawsuit was for political signs. So okay. They make a decision. We live with that. How do they stop the weight loss signs, the computer signs? It's all graffiti. It's all a form of a disturbance. It's all a public nuisance. Mr. Verdi and I had a talk last week about benches, and I kidded him, I said, Dominic, you're going to harass this guy for his bench with his roofing company's name on it. How can we not harass people with the big signs or Rick Mariano for Council signs? I'm sure there's a couple still out there from last year. Where do we go with this? We had something before that the political signs, but only the political signs, and correct me if I'm wrong, I could put a political sign up if 143 Whole - 4/28/04 - Bill 020455 I paid 50 cents and put a little sticker on it. Because I worked for a guy who actually did that. He's the only one I ever knew that did that. If anyone else ever did that --

I did.

Did you? That's good. At a point we stopped doing that because I guess it wasn't enforced. I don't come here to embarrass anybody. I come here to get information. If I want to embarrass any of you, I'll embarrass you in person just you and me so the whole dog and pony show is not here. We need answers. And if it's not from you, we'll ask Pedro Ramos when he becomes the new City Solicitor. How do those signs get thrown in with the political signs? Because the weight loss signs, could you ever go around and say, I want to put a sign up, Miracle Weight Loss Pill? Could I get stickers for that? Could I ever have gotten stickers for that? 144 Whole - 4/28/04 - Bill 020455

You could have gotten -- in the past, you could have gotten stickers for temporary signs. You couldn't have put them on those particular poles. You couldn't have nailed them on those poles. What happened with the lawsuit, it went beyond just a recent amendment. They went after the entire sign license piece that's in the Philadelphia Code, and there were several parts of that that we're being prohibited from enforcing. So we probably have to --

Dave, let me stop you on that. Who went after it? The people that filed the lawsuit?

That's correct.

Anyone in this room -- did you file a lawsuit?

The ACLU did.

ACLU did. Were you a lawyer for them?

No. 24

Could you hold on a minute, Councilman? Maybe you could 145 Whole - 4/28/04 - Bill 020455 help us. You never wanted to go after those signs; you just wanted the political ones you were trying to save, correct?

That would be correct.

How does the whole thing get thrown into it?

The ACLU said they read the transcript of testimony and decided that it was unconstitutional and they took the same position I did. Now, they dealt with all the signs. I didn't care about the other signs. I was interested in the free speech sign.

I understand that. I'm just trying to get in my non-lawyer mind how we correct the situation. If they make a decision on the political signs, fine, but I have a problem in the City where we fight for, and rightfully so, rightfully so, we should fight for things like that, and that's the thing that makes us work. When we don't agree, we can argue and yell, 146 Whole - 4/28/04 - Bill 020455 but eventually we work out a compromise. I don't understand why the ACLU would do that or why a judge would let that happen.

I felt very strong that the law has been passed to Council, and I like the constitutional rights of people to use poles for political purposes, and I testified to that effect. That was my testimony.

Thank you, Councilman.

Just on the political aspect.

We just got to ask the judges, who don't answer to us, how they get to that point beyond the political aspect.

Well, it happened to be a good judge from the constitutional point of view and he found merit in the proposal. Now, I don't know what his reasoning was with respect to the partial signs. I was 147 Whole - 4/28/04 - Bill 020455 not interested in that part.

Thank you, Councilman. Can we go back now and reconstruct these laws or do we wait for Mr. Ramos, the City Solicitor, not the Councilman, to come up with an opinion?

The City --

Because I'm going to tell the guy to put his signs instead of putting them on the benches, I'm going to say, Just throw your signs anywhere. As long as they're not billboards, it's fine, right?

Wrong.

Well, I know you were going to say that.

Dave and I are still waiting for the transcripts and the actual opinion from somebody in writing in reference to what he means by temporary signs. If they're temporary signs that are described in the ordinance, they're signs that are nailed to a pole. 148 Whole - 4/28/04 - Bill 020455

Is a billboard temporary?

A temporary sign could also mean a temporary sign is a billboard.

Is a billboard temporary? Because that might be there for -- Mary, you're the expert. Is a billboard temporary, 30 days, 60 days? MARY: It's permanent.

But the advertizing on it is not.

Now, let me play devil's advocate. I just want to be fair. If I want to throw Frankie's Roofing signs up there, it's going to be permanent because I'm going to use the big heavy nails when I ram it into PECO's pole.

Just don't use glue.

Can I use PECO's pole to put up any sign I want?

Matter of fact, can I add -- 149 Whole - 4/28/04 - Bill 020455

I'm asking him because he's a PECO expert.

First of all, it's a safety issue, and the existing law prohibits any attachment. Matter of fact, SEPTA had to get a variance and create a sign that a lineman's gaff could penetrate to allow them to even attach to a wood utility pole. So any attachment to a utility pole is considered improper, and PECO Energy can go out at any time they choose and remove an attachment to a wood utility pole. I think where the confusion may be is that the aluminum light standards are City property, and putting a permanent adhesive to the aluminum light standard, in many cases it's a permanent attachment. I see Tom Gola signs still on them.

It's still based upon -- again, until we get a written statement from the judge as to what this whole issue deals with, we have basically stopped enforcement for threat of --

If PECO 150 Whole - 4/28/04 - Bill 020455 Energy wanted to send out a work force, a crew, to remove ABC Roofing sign from one of their poles, they don't until they actually -- they work on that structure --

Then they take the sign down.

They'll take the sign down and throw it away. But if they wanted to be aggressive, they could go out and take them down and they could have a campaign to take them down.

And the lighting division of the City could do the same thing, because it could mess up the ground.

Well, until this issue came about, and to get back to what Councilman Nutter asked, is, we did have an initiative and our partners were PECO, the Street Department and Verizon. So we were taking signs down systematically throughout the City from one end to the other until this issue came about.

And by the 151 Whole - 4/28/04 - Bill 020455 way, I know the Councilman left. We weren't taking political signs down except in past campaigns.

And the reason, many years ago we started -- do you remember when we were kids, all the street signs that identify the name of the street were attached to the PECO wood utility pole. A very serious accident occurred to a lineman that fell and hit one of those. Then they decided to put the pole up its own structure to support that information. But now because linemen don't climb like they used to, they use the bucket trucks, they're not as dangerous as they once were, so they're not aggressive as they once were.

We'll provide you with a written copy of the opinion or a copy of the agreement.

Also, I want to add that the new signs they put in the grass, on Henry Avenue on my way to work this morning, I noticed they were all gone already. I don't know if that's because they have a 152 Whole - 4/28/04 - Bill 020455 value and they're reusable, but every sign, both for both parties and losing and winning candidates, was no longer there, which I thought was a good thing.

That's what they should be doing. My next question, to curb the stuccoing on the NTI. I heard you debate with Councilman Cohen. Now, me and my background in the building trades and knowing what Local 8 does, Local 8 is a plasterers union. You guys probably know. If union plasterers are doing stucco out at 61st and out your way -- I know they're doing it out there because one of the young guys from my neighborhood is out there, they're doing stucco -- that's a really hard job to be on that scaffold eight hours a day. And the young guys are humping that stuff up there by bucket, and they got arms like -- and there's black guys and white guys. It's very diversified. It's an old union, but they're really diversified. To have union plasterers on that scaffold to do that as opposed to somebody 153 Whole - 4/28/04 - Bill 020455 that doesn't live in the City or somebody that's not paying any City wage tax, these guys are trained. Believe it or not, you have to be trained to put stucco up, to do the right finish, to make sure that it works, lasts longer than just throwing -- Look, if nobody is around, I'll throw some of that newspaper in the hole and just put a little mix of stucco, but I'll save some money in the stucco and throw some Quikrete in there. That's what the non-skilled people do. And then it doesn't last and who knows what they're mixing.

And the most important part of the stucco, Councilman, as you probably know, is the wire that goes on.

The mesh.

We've caught contractors putting the wire upside down. There's a little lip on it, supposed to be facing towards the sky. They have it the opposite, and it negates the whole idea of having the wire there. And if the wire is not properly nailed, it becomes loose and it bangs 154 Whole - 4/28/04 - Bill 020455 against the wall. So there's a skill. It's a lot easier, as you said -- it looks a lot easier than in reality it is.

I know. It's hard work. And it's a very skillful trade. Let me tell you, it may cost a little more to have them guys do it. This isn't a commercial for the plasterers union. They don't need my help, but that's why probably the prices go up. And my question to you was, on all your curbside emergency stuff, probably some of the guys you use, you have no way to know who is Local 8 and who is not and what guys are union, because you don't need to know that, it wouldn't be right, but I suspect most of the people in NTI are, most of your guys may or may not be.

The spec that we created for stucco and demolition for curbsides and for NTI is now similar, and the bid for stucco is a performance contract citywide that recently a different contractor won. There's two contractors now that have 155 Whole - 4/28/04 - Bill 020455 that, but it calls for prevailing wage to be paid.

Excellent. And the reason I say that is, Councilman Nutter, Councilwoman Verna, the other District Council people here, not to leave Councilman Rizzo off, but someone calls you in your office and they live on a street where they're knocking some houses down -- I mean, I can picture this one case in my district where it's an elderly woman, and it was her life, that house. Now, those neighbors are gone and she's got two empty houses between, and eventually there will be a lot. The last thing she needs to worry about is two, three years down the line that the stucco is wearing off and the rain is bleeding through in her nice wallpaper in her bedroom. I mean, and that does happen if it's not done. So that's why the cost may be a little -- you get what you pay for in this world. If you want a half-assed plasterer, you pay less price. If you want a good one, you pay the right price. It goes for all the 156 Whole - 4/28/04 - Bill 020455 trades. And these guys are trained. And if you want to call Bill Taylor at Local 8, follow him around on the jobs and see what they do, them guys earn their money. And ladies, too. There's some ladies on the job, too.

Also, Councilman, as you said, water damage to the adjacent property is the really big enemy, and that's mostly at the top of the roof and in the cellar. And we insure that the inspector sees two coats of mastic waterproofing agent put in the basement before he'll approve the backfill going down. And also at the roof top, we made that and took it away from the stucco contractor putting that tin that they were bending and they now have to cap the roof with a barge board, and it's done -- it can only be done by a professional roofer. And that improvement is 100 percent in that, that the -- we've been doing that for the last three years and I believe we've only had about two or three call-backs at the roof line, where it used to be common every day. 157 Whole - 4/28/04 - Bill 020455

I appreciate that. Let me talk about the last thing. I want to talk about the sprinkler Bill. I did a Bill couple years ago with the sprinkler fitters, and all these guys at the table know what it's about, and the rest of the people in this room probably don't know what it's about. We actually have people who put sprinklers in the high-rise buildings in the City of Philadelphia that may or may not at one point have been licensed. So as serious as that sounds, there was all kinds of people coming in. And these guys, we busted their stones for a while until we got it together and we worked. And Dave is smiling. We spent a lot of hours with my staff and their staff trying to get the stuff done. But for the first time in this City -- and it happens in a couple other major cities, but not most of them. We're ahead of the curve on this one. This sprinkler Bill is really important. Anybody installing these sprinklers 158 Whole - 4/28/04 - Bill 020455 is going to be skilled, and they're going to be not necessarily union. I'm a union guy, but it doesn't have to be. I would like it, but I don't run the City yet. I don't know if I ever will. But we need to make sure that we keep doing what we're doing. I know the program has been going on. I'd like to thank you for bearing with us and with the sprinkler fitters, because I know Business Manager Miller can be a tough character, but I think we got it down to a point, right, Dave, now where you're starting to -- where everybody is starting to be certified and it's going to be pretty safe, hopefully not just for the residents but the fire fighters that have to fight them fires? We had that tragedy across the street years and years ago, and we hope to avoid something like that.

We agree 100 percent. We've now started taking enforcement actions against the companies. I believe we faxed over to your office results of several administrative hearings and we're suspending 159 Whole - 4/28/04 - Bill 020455 licenses if we catch sprinkler contractors working without the proper employees. It is a life safety issue and we're 100 percent behind it.

Thank you. And just one point. Councilman Cohen talked about Hill International, and I don't know if you guys will know the answer to this, but I think that Hill International is doing construction work in Iraq right now.

That's correct.

So I would say if they're able to do that there, they might be able to do this NTI program here in Philadelphia.

They were hired to help with project management, which is -- I don't have to say that we in License and Inspections aren't perfect, and to have somebody else to be another pair of eyes working with us is a great thing.

There were some Commissioners before you that thought you were perfect. Not the one before you, but a 160 Whole - 4/28/04 - Bill 020455 couple before, before-before that were perfect.

I don't want to go there today, Councilman.

I know you don't, but I appreciate it. Thank you. Thank you for all the help and for all the grief we give you, for the money we give you. I mean, it becomes a dilemma, because we could give you all the money the world, but it comes out of your tax dollars and your employees' tax dollars. Again, it's easy to come here and beat guys like you up, but I know you are consummate professionals. If I can get Verdi on the cell phone at 2 o'clock in the morning, I know everything is right in my world.

Well, since Dominic --

Since he got remarried.

Since he's got remarried, he doesn't even answer my beep anymore, so I don't know how you get him, 161 Whole - 4/28/04 - Bill 020455 Councilman.

He answers mine. He must go, It's Mariano, I'll answer it. Thank you.

Thank you. Are there any other questions or comments from Members of the Committee? (No response.)

Seeing none, gentlemen, thank you very much --

Thank you very much.

-- for all your help. The Board of L&I Review, please. 162 Whole - Operating Budget 4/28/04

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

Good afternoon, Council President Verna. I am Jerry Prospero, here to testify on behalf of the L & I Review Board. The L & I Review Board's budget for fiscal year 2005 is $212,927. It supports a full-time staff of three employees, as well as funding for six board members.

Thank you. Are there any questions from members of the Committee? (No response.)

Seeing none, I thank you. The Board of Building Standards.

Good afternoon, Council President Verna and members of Council. I am Jerry Prospero. I'm here to testify on behalf of the Board of Building 163 Whole - Operating Budget 4/28/04 Standards fiscal year '05 budget request of $121,054. This budget will fund two full-time employees and four board members.

Thank you. Any questions from members of the Committee? (No response.)

Seeing none, I would then call upon the Zoning Board of Adjustment.

Good afternoon, Council President Verna and members of Council. I am Jerry Prospero, and I'm here to testify on behalf of the boards proposed '05 budget. Zoning Board of Adjustment is requesting a budget of $497,658 for fiscal year 2005. The budget supports six full-time employees and five board members.

Thank you. Any questions from members of the Committee? (No response.)

Thank you 164 Whole - Operating Budget 4/28/04 so much.

Thank you.

We appreciate your testimony. The Committee will stand in recess until 2 o'clock at which time we will have the Streets Department. After Streets we will have the Water Department coming in. Thank you.

Good afternoon. This Committee of the Whole is now back in session regarding Bill Number 040255. We will now hear from the Streets Department. Good afternoon and welcome. Commissioner, we have your testimony. It will be given to the stenographer. It will be transcribed in whole, and I would ask you to please abbreviate your testimony, if you will.

Surely.

Thanks.

Good afternoon, Council President Verna and members of City 165 Whole - Operating Budget 4/28/04 Council. My name is Clarena Tolson, Commissioner of the Streets Department. And I am here today to present testimony on behalf of the department's proposed fiscal year 2005 operating budget. We request a General Fund appropriation of $116 million and an all funds appropriation of $149 million. 6 mill from fiscal year 2004 estimated obligations. 6 million lower than our fiscal year 2004 general obligations. The sanitation services, with regard to that, the fiscal 2005 budget request for sanitation is $98 million for all funds. 4 million over 2004 estimated obligations. This is offset by an increase in contractual landfill fees. 166 Whole - Operating Budget 4/28/04 Sanitation will continue to provide a variety of programs, designed to collect and dispose of trash, as well as the recyclables from the waste stream. Additionally, the department has assumed responsibility for refuse collection at all recreation facilities. Economies of scale as they set in, the department expects to bring a net savings to the General Fund through these agencies. Discussions are ongoing at Fairmount Park that will also result in a similar arrangement and savings. 6 percent of respondents said that trash was always or frequently collected on time. On time collection rate of 94 percent in 2003 is projected for 2004, and projected to increase to 97 percent for 2005. 35 in 2005. We expect to reach these goals by continuing to focus on maximizing efficiency and productivity through innovation and collection route optimization. With regard to recycling, in fiscal 2003, 45,000 tons of recyclables were collected. Projections for 2004 are 44,000, and for 2005, forty-nine nine are expected. The negotiations of the most favorable contract rates in nearly a decade has industry analysts noting that Philadelphia's material marketing arrangement is the most lucrative of any major City in the mid Atlantic region. 50 for each ton of mixed paper recycled in the fourth quarter of 2004, generating an estimated revenue of $500,000 from curbside recycling during that three-month period. This number can be compared to 168 Whole - Operating Budget 4/28/04 $238,000 for the four quarter of fiscal 2003. The Streets Department is tackling several significant issues impacting the future of the City sanitation costs, including the expiration of the current disposal contracts and a proposed increase in the growing greener tipping fee on the disposal of trash in the state's landfills. The City's currently in the second of three one-year options in its disposal contracts, with the last option expiring on June 30, 2005. These contracts include language protecting the City from tipping fee increases, by imposing a cap that limits the City's exposure to increased costs from changes in law, such as the states growing greener fees to five percent per year. With regard to transportation services, the Highway, Engineering, Traffic and Street Lighting Divisions provide the departments transportation services. The goal of the transportation group 169 Whole - Operating Budget 4/28/04 is to continually provide cost effective and functionally safe movement on streets and bridges for public transport, commerce, and automobiles, as well as for bicycles and pedestrians. We accomplish this by continually exploring new approaches to improve productivity and delivery of services, such as continuing to invest in innovative, geographic and management information systems, managerial accounting and information systems, and through upgrading of computer equipment. In January of 2004 the department implemented a pilot to test automatic vehicle locator, AVL, and equipment sensing technology for use with highways and sanitation operation. This equipment was placed on 50 vehicles.

The department projects a 10 percent reduction in the use of road salt through real time monitoring of distribution rates during winter whether events. This will provide a budgetary 170 Whole - Operating Budget 4/28/04 savings and environmental benefits. Continuous knowledge of vehicle location and status will provide a higher degree of certainty and accountability, especially during snow events and other critical operations. For fiscal 2004 and 2005, the department, Highway Division, projects resurfacing 122 miles of streets and placing 85 linear miles of pavement markings, including traffic lanes. Ditch restorations are projected at 7500 and 7600, respectively. The department repaired 24,000 potholes in fiscal 2003 and projects repairs of 25,000 in 2004 and 2005. In 2004 the division again leased spray patcher units, also known as pothole killers, to assist during the peak month of repair. These machines quickly and safely perform the repair in a more durable and economical manner. In conclusion, the employees of the Streets Department continue to work 171 Whole - Operating Budget 4/28/04 diligently in the delivery of services to our citizens and neighborhoods, and to improve the quality of life in our City, by providing clean and safe streets. Therefore, we request your favorable consideration of this budget request. Thank you so much.

Thank you. Commissioner, what is the number of positions you will be eliminating as a result of the DROP related work force, right sizing?

24.

24. Can you tell me what those positions were, for the most part?

Yes. We're going through a reorganization within our transportation group, particularly focusing on --

I'm sorry. You're going through?

Reorganization. As we have employees who are 172 Whole - Operating Budget 4/28/04 retiring and leaving through DROP, we're taking the opportunity to review all of our management positions that we have in place. We're doing some consolidations. And we are not replacing all of our management positions, and instead focusing on new worker level. So as opposed to hiring, say, a district manager, we may be hiring a raker instead or a semi-skilled laborer.

How many positions do you have? How many positions do you presently have?

600 in our transportation group. One moment, please.

I'm sure if I checked the budget book, I could find that very easily.

Okay.

Do you have it?

Oh, I'm sorry. I thought you were telling me that you were going to get it. I can get it for you. 173 Whole - Operating Budget 4/28/04 Our budgeted level is 634, fiscal '05.

Does this 634 -- Oh, for '05?

Yes.

Okay. In the recycling program, you mentioned a pilot program.

Yes.

Will you please explain what the pilot program is and the areas of the City it will cover?

Yes. The pilot program for recycling is called A Single Stream recycling program. And what that program does, it allow citizens to commingle, put all of their recycling materials out at the curb at one container. And in fact, they may be able to add additional products that we are not now collecting. And those products would be cardboard and plastic. The beauty of this pilot is that we will be able to collect the materials in a 174 Whole - Operating Budget 4/28/04 packer truck or a compactor versus an open truck. We expect to find some efficiencies through that system. Presently with our open truck system we can collect approximately four-and-a-half tons per day. The packer system may allow us to collect as much as or 14 or 15 tons per 10 day per crew. 11 It is the system that we have not 12 yet identified the location or the route 13 that will be used in the test, but it will 14 be some place where the packer truck will 15 be able to fit.

Will that all have to be sorted at one point in time?

Yes. In a system that requires us to work with our vendor who will agree to accept the commingled materials and then sort them through the processing system. It will probably require us to receive less revenues in processing, but we're expecting to find a benefit and a 175 Whole - Operating Budget 4/28/04 savings through the collection process, because of the larger amount that we can collect with each crew.

How do you define your department's relationship with the Recycling Advisory Committee over the past year?

Our recycling unit within the department works, I think, as close as they can with our RAC, as we call them, Recycling Advisory Committee. It is a group that is made up of business interests in some citizens, some of whom have a vested interest in the business because they too are in the same business they are advising on. They have expressed concern from time to time with regard to their involvement on policy. But to the extent that it's possible and prudent, our recycling office works with them.

So how often did you meet last year?

Last year, nine times. 176 Whole - Operating Budget 4/28/04 And it's usually a once-a-month arrangement. But about ten per year because usually about a couple months are skipped.

Can you remind me what the RAC's role is as defined by the law. What is their...

Surely. I'll get the law out for you. One moment.

While you're searching for the information, let me ask another question, and then we'll get back to that. Commissioner?

Yes.

I said I'll ask another question while he's searching for the information.

Oh.

You mention in your testimony that there will be some reduction in areas such as highway roadside work and response time to repair major streetlights or those that are not in operation. 177 Whole - Operating Budget 4/28/04 Will you elaborate as to what the reductions and delays we should expect?

Yes. Highway roadside work is repair to islands, cleaning islands, cement repair work. So, a reduction and delay in time to those repairs is expected. For the streetlights, that really should read alley lights. Right now the alley lights are done on the -- many of them are done on the weekends.

Aren't they under contract?

No, not for the alley light repair. There is some contract work. There's also some City work involved, too. And much of that is done on overtime on Saturdays. One of our cost savings measures is to reduce some of our overtime. So we expect a delay in the amount of time it will take us to respond to some of the alley light repairs.

How long do we have to wait now for an alley light 178 Whole - Operating Budget 4/28/04 to be repaired?

Our plan is days, 4 our average. And we expect it to go to 30. 5

And what 6 can we expect? 7

30. 8