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Minutes

Committee Hearing, April 28, 2004

Philadelphia City Council Committee HearingsApr 28, 2004

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Council President Verna

Okay. 9

Ms. Tolson

We're not increasing 10 the City's liability in the event of an 11 accident by delaying either the repair of 12 the streetlights, alley lights or the 13 highway roadside work, are we? 14

Ms. Tolson

We certainly are very 15 concerned about maintaining our safety levels. And what we've done is to look at those areas that we think we can minimize the impacts to safety. We will be maintaining our on-time expectations, with regard to streetlights. Right now there is... Our efforts are to have streetlights done within the day. When people call... The same day they call, if they call in the evening or 179 Whole - Operating Budget 4/28/04 in the daytime, we're out that night to check them and repair them. If they call at night, after crews have been dispatched, then the next night the lights are checked upon. We do most of the investigations there at nighttime so we can see the condition versus the day.

Council President Verna

Well, Commissioner, earlier we had the Commissioner of L & I. And they testified that they are going to be setting fees for re-inspections. For instance, the fees will go up for... I guess the first inspection violation will be $75, the second will be $150, the third will be $300. You are very familiar with an issue that has actually had some publicity in the paper about someone in my District who does not have a sidewalk. And he should have a sidewalk. Consequently, people have to walk through a mud pit. How many times has he been cited? And I know he has been cited. 180 Whole - Operating Budget 4/28/04 And what does it take for him to have to abide by the law like everybody else? Now, who follows through on the citations that the Streets Department issues? Do you have somebody go out and check if the work was done; and if it was not done he receives another citation? Walk me through this process, if you will, please.

Ms. Tolson

Okay. When citizens... If a citizen calls to express concern about a violation with regards to sidewalk repair, we have someone go out and inspect the location. The challenge that we have right now is with regard to how ultimately the sidewalk repair is done. As Council is aware, there is some legislation that would require the City to do some of that work, should the citizen not prepare it himself. We are presently challenged with regard to that because we have not identified -- 181 Whole - Operating Budget 4/28/04

Council President Verna

I'm sorry. You're going to have to pull the microphone closer to you. I'm having difficulty hearing you.

Ms. Tolson

We are presently challenged with that because we have not identified a funding source to support repairs of the sidewalks. I think that the numbers that we identified in previous testimony may cost as much as $6 million to repair sidewalks, the problem that we have right now. So we are still trying to investigate and figure out ways to follow through, as you suggest, and see that sidewalks are repaired, but --

Council President Verna

Well, I don't know if we're ever going to have the $6 million to do that. So tell me: What do we do? And what is the process at the present time to do something about this mud pit that people have to walk through every time there's rain.

Ms. Tolson

Presently we do not 182 Whole - Operating Budget 4/28/04 have a process for getting the sidewalk repaired because we don't have the ability to pay to get it repaired. And we have --

Council President Verna

Could you issue a citation?

Ms. Tolson

We are not issuing citations.

Council President Verna

You don't issue citations for people who have a problem with their sidewalk?

Ms. Tolson

We haven't presently, in the -- in the recent time, in the last six months, issued citations. The location that you talked about, yes, we did issue citations for that.

Council President Verna

All right. So, say citations are issued. Where do we go from there? Who's responsible for collecting the fines on this citations? And what other steps could be taken? Because I think this is horrible. I really do.

Ms. Tolson

The challenge that we have is that when citizens ignore the 183 Whole - Operating Budget 4/28/04 City's request that they follow through and take care of their own property, it's left to the City to do something. And we have limited means of doing something, and that is the problem.

Council President Verna

I know if I have a crack on my sidewalk, it's my responsibility. And if somebody falls, I could be sued; is that right?

Ms. Tolson

That's correct.

Council President Verna

Right. Here somebody doesn't even have a sidewalk. So what did you site him for? If it's not the City's responsibility, what did you site him for?

Ms. Tolson

We cited him for the inappropriate sidewalk, not having... for having a damaged sidewalk because, I mean, there's something that exists there and it's been damaged.

Council President Verna

So in other words, If you could issue 50 citations, and this gentleman will never be required to actually install a sidewalk. 184 Whole - Operating Budget 4/28/04

Ms. Tolson

In this case the gentleman knew very well that he had a very bad sidewalk. This gentleman, I believe, was an attorney -- is an attorney.

Council President Verna

Mm-hmm.

Ms. Tolson

That lives --

Council President Verna

There is no sidewalk.

Ms. Tolson

Right. -- that lives in --

Council President Verna

Center City.

Ms. Tolson

That lives in Center City. And he chose not to do his part, in a community that was in much worse condition than where he lives. And I don't know how to answer that. I don't know how to answer that, in terms of citizen responsibility or property owner responsibility. But I do know that we are fully challenged with regard to how to respond to people who will not do their part. 185 Whole - Operating Budget 4/28/04

Council President Verna

I just can't... I just can't understand it. And I think we have to look into this further. And nobody from the Streets

Councilwoman Tasco

Madam President.

Council President Verna

Yes. The Chair recognizes --

Councilwoman Tasco

Are you able to take him to court?

Ms. Tolson

I am not sure. I can get an answer fairly quickly, but I'm not sure.

Councilman Nutter

Madam President.

Councilwoman Tasco

Are you able to lien his property if he doesn't pay the citation?

Ms. Tolson

Yes. It was a lot. It was a vacant lot on the corner. We even gave him estimates, what it would cost to get done, and he was just reluctant to pay it.

Councilwoman Tasco

Well, have you liened his properties? 186 Whole - Operating Budget 4/28/04

Ms. Tolson

He has since sold it, and the new property owners will -- said --

Council President Verna

He sold it?

Ms. Tolson

Yes, he sold the property.

Council President Verna

When?

Ms. Tolson

About two months ago. And the new property owner is to take care of it.

Councilman Clarke

Settlement...

Council President Verna

I'm sorry. I can't hear you.

Councilman Clarke

Wouldn't it have been resolved at settlement?

Ms. Tolson

I don't know that information.

Councilman Rizzo

Madam President.

Council President Verna

The Chair recognizes... I would just like to remind everybody, when you ask for a point of order your name suddenly disappears from the screen. So we're going to write everybody's name down as it appears. 187 Whole - Operating Budget 4/28/04 Now, thank you; the Chair recognizes Councilman Rizzo.

Councilman Rizzo

Commissioner, there was some confusion. You're talking about sidewalks. This winter I got a few calls about people getting a ticket for not shoveling on their sidewalk, and they didn't have sidewalks. So I don't know how some of those things are being adjusted. Up in the northwest especially, many people got -- and I assume that's somebody in your department that issues those tickets?

Councilman Rizzo

Don't you think it's kind of strange to give a person a ticket for --

Ms. Tolson

Yeah, that certainly would be inappropriate.

Councilman Rizzo

But they got them. So, I assume they'll be adjusted. But that's the question that we have. How do people... And again, it's 188 Whole - Operating Budget 4/28/04 some of the older neighborhoods. I notice when you're out walking, you'll run across a property that just has grass.

Councilman Rizzo

No sidewalk. Is there a requirement to have a sidewalk?

Ms. Tolson

There are some requirements with regard to having sidewalks. The location in question is a thoroughly... It is not near a park. It is not near other green space that might require a sidewalk --

Council President Verna

Commissioner. Commissioner.

Ms. Tolson

-- but it's --

Council President Verna

Commissioner, I don't mean to interrupt you, and I don't want to belabor this issue. You know how that area is changing, how the prices of real estate is skyrocketing. 189 Whole - Operating Budget 4/28/04 And we allow somebody to get away with this? Who apparently has the wherewithal to make what is required of him to do. And we allow him to get away scot free? I just don't think it's right. I don't think it's right. But since the property's been sold, I assume the new property owner understands that there have been citations issued on this?

Council President Verna

You're certain of that.

Ms. Tolson

I am certain that the property owner would get the citations that were there from before.

Council President Verna

I personally --

Ms. Tolson

And what I will also do is go back to make sure that we deliver to the new property owner a new citation.

Council President Verna

Thank you. I don't want to tell you what their response was. I mean, it's utterly 190 Whole - Operating Budget 4/28/04 ridiculous. Chair recognizes Councilman Rizzo.

Council President Verna

You're next.

Councilman Rizzo

Oh, great. Thank you. Thank you. Commissioner, let me first say that after many, many years the Germantown Avenue bridge turned out to be a very, very beautiful project. I think you must agree that the community, the Streets Department worked very closely together. I know it got heated at times. But now I think that is probably one of the most beautiful bridges in the City of Philadelphia, the one that spans the Wissahickon Creek at... up in the northwest. It's really impressive when you go over there, day or night. Great job that your people did, in creating something that will be there for many, many, many years. But my question is that, a few days 191 Whole - Operating Budget 4/28/04 after that bridge opened, the little bridge on Bells Mill shut. And I know it was turned around quickly. Temporary repairs were made to get that bridge reopened in its full capacity. I anticipate... I understand we can anticipate a major bridge construction on a bridge that will cause a lot of confusion again in that community. For eight... seven, eight years the bridge on Germantown Avenue was shut and then one way. What can we expect, and... What can we expect? And if you have someone on the staff that has, you know, up-to-date information, what can we expect to have happen? When will that bridge be shut down for the repairs? And what can we do to alleviate a major artery that connects Roxborough and Chestnut Hill? What can we expect the impact to be and keep it to a minimum?

Ms. Tolson

In the design plans for 192 Whole - Operating Budget 4/28/04 all of our bridge work, whether they be some renovations or reconstruction, the engineers take into some consideration the use of the bridge and the need to maintain some -- and whatever need to maintain traffic, as required there. We understand that for -- for the bridge in question, that it is an important artery. And what... I am not clear about the time line for repair. But when the repair does happen, as traffic is needed to be rerouted, it will work -- we will work with, I think, Flowertown and the other communities, to try to route the traffic properly and as best as we can. But because it is fairly small, we probably have limited capacity to maintain it being open. During the short period of time that we had it closed or partially closed, we had a lot of disruption and a lot of intervention by police because people were failing to heed to the directionals and the 193 Whole - Operating Budget 4/28/04 one way that we had put in place. But I am confident that we will be able to work it out, once the full construction goes into place. And I also add, with regard to the Germantown Bridge, I thank you for your comments on that, and also tell you that the work on that bridge has just received some national recognition. In fact, we are putting out a press release today to talk about the national award that the engineers on staff have won for the work that they did on that bridge.

Councilman Rizzo

Yeah. It's magnificent. Commissioner, would you mind? I hate to again have to get real... have to nail you down. But could you bring someone to the table that can for the record talk about a time line for that Bells Mill bridge? Could Mr. Sernick or --

Ms. Tolson

To the extent that he has it, sir. I would really not like him to speculate on it for the record. 194 Whole - Operating Budget 4/28/04

Councilman Rizzo

I don't want to speculate. I want to nail you down a bit.

Councilman Rizzo

Because when this project starts, I don't want to say... I don't want to be told something differently than we can expect here. So could he come to the table --

Councilman Rizzo

-- and talk about exactly what the community impact will be.

Mr. Sernick

Good afternoon. Joseph Sernick, Chief Engineer and surveyor, Streets Department. Councilman, that bridge is, as you know, it's a historic, very old stone arch bridge. We have a program for a rehabilitation in fiscal year '06. Our plan would be to use a new process that is currently being tested on the Century Lane bridge, which has just undergone construction within the last month. It's that technique which is sort of 195 Whole - Operating Budget 4/28/04 a non-destructive arch-strengthening method, if that technique works well on Century Lane, which is a very similar bridge, we would be instituting that on the Bells Mill Road project. We are looking at that process very closely, as is PENNDOT, because they have a lot of stone arch bridges also. It's a process that was imported from Britain. If that process works, it will shorten greatly the amount of time needed for construction, such that the bridge will probably be closed about six months. That's still a long time.

Councilman Rizzo

Closed. Closed. Shut down.

Mr. Sernick

Shut down.

Councilman Rizzo

Bells Mill. Gone.

Councilman Rizzo

Okay.

Ms. Tolson

And it's a very difficult detour, as you know, because we've got to run up through Whitemarsh, 196 Whole - Operating Budget 4/28/04 over Baron Hill Road. You know the detour.

Councilman Rizzo

The question. That's the shortest, six months. Now, if they don't use that technology, what's going to be the long side?

Mr. Sernick

Well, we're going to have to go in and conventionally reconstruct that arch, which means taking the stones out, putting up some false work, and putting them back in. Again, we're forced to pretty much keep the look of the bridge the same as it is. So it would probably take a full construction season, probably eight or nine months.

Councilman Rizzo

That's going to be... We're going to be back where we were with -- pretty much, or maybe worse than having the Germantown Avenue bridge out.

Mr. Sernick

Well, the Commissioner just asked me would the start time change under those two scenarios. And I would say that the start time would not change. However, in the longer 197 Whole - Operating Budget 4/28/04 technique, would have to make sure that we started at the beginning of a construction season, such like in February, because you would not want to be in a situation where you did not get it completed and had to have it sit over the winter closed but not being worked on. So the timing gets more critical in the second scenario.

Councilman Rizzo

So for the record, when you talk about fiscal year '06, could you be clearer on... We're talking about the calendar year '05.

Mr. Sernick

We're probably talking about starting this project in the spring of '06, the latter part of the year. Again, you don't want to have it under construction so that it would sit over a winter.

Councilman Rizzo

Okay.

Mr. Sernick

And the strengthening that we made to the bridge in the work that you just described at the beginning of your testimony there is fine in order to hold the bridge over for that length of time. 198 Whole - Operating Budget 4/28/04

Councilman Rizzo

Well, thank you. And let's hope that the new imported technology works because six months is even a long time to have that particular roadway shut down in total.

Councilman Rizzo

And again, we have to keep in consideration when there's a hospital case that goes to Chestnut Hill, lots of the Roxborough community is serviced by emergency medical care that uses that road, and that creates a significant delay. And I know you even went out there on your own and timed it, which I appreciate, to make sure that we're not delaying hospital cases being taken to Chestnut Hill Hospital. Madam President, I know I went long. And I'll just pass and come up to the next question on the second round.

Council President Verna

The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam 199 Whole - Operating Budget 4/28/04 Chair. Commissioner, I have a couple items that I'd like to raise with you. Some are slightly old in nature, but I'll get through them with you. But let me ask this question now. Does the Streets Department work in concert with the School District, the other large governmental body in the City, on sanitation removal? Do we pick up trash and debris from public schools?

Ms. Tolson

We do not presently collect from public schools.

Councilman Nutter

We do not.

Ms. Tolson

Presently.

Councilman Nutter

You say presently as if...

Ms. Tolson

Historically we have --

Councilman Nutter

Either we are or we used to.

Ms. Tolson

We used to.

Councilman Nutter

Okay. Why did we stop?

Ms. Tolson

At the choice of the 200 Whole - Operating Budget 4/28/04 School District, they wanted to try to use a private vendor, and see if they could expand their recycling program.

Councilman Nutter

Okay. Do you know what the result of that effort is? S. TOLSON: I think that the School District is still trying to work through a good -- a good program.

Councilman Nutter

Is the City charging the School District for trash pickup?

Councilman Nutter

And do you recall what it was? What is it; a tonnage issue or is it a flat rate or...

Ms. Tolson

No. We charged our cost. So it was time and material, time and tonnage.

Councilman Nutter

And do you have any idea what the cost of the private service was?

Ms. Tolson

The cost of the private service is about a million and a half. I think that... I'm sorry. Two-and-a-half 201 Whole - Operating Budget 4/28/04 million. I believe that the School District believed that they could get recycling and waste collection at the same cost. They have not yet achieved that, but they're still working on it. And we are trying to assist them in getting a good contract, in terms of the... working out for them the terms of the contract, the suggested terms.

Councilman Nutter

And when did the City School District relationship, at least on trash, end?

Ms. Tolson

I think it was three years ago.

Councilman Nutter

Okay. All right. I was looking through the large budget book, and I could not find the detail on the contracts I assume we have with companies for resurfacing. Do you know where I would find that? I'm assuming they're under contract to the Streets Department. 202 Whole - Operating Budget 4/28/04

Ms. Tolson

We do a significant piece in our Capital Budget.

Councilman Nutter

Street resurfacing in the Capital Budget?

Ms. Tolson

A page number. We're looking through the book to get you the page number.

Councilman Nutter

No problem.

Ms. Tolson

On , section 37.

Councilman Nutter

.

Ms. Tolson

Item number 305.

Councilman Nutter

So you're talking about item number 305, building and construction, highway materials: asphalt, super patch, et cetera?

Councilman Nutter

And that's $2.49 million that we spend on that?

Councilman Nutter

Okay. Normally in that section these kinds of listings, although I see this appears to be a Class 300? Do we have contracts with companies that provide these services? 203 Whole - Operating Budget 4/28/04

Ms. Tolson

Yes. We do a significant amount through our Capital Budget.

Councilman Nutter

So you do street resurfacing through the Capital Budget.

Councilman Nutter

Just to inquire, why would we do street resurfacing through the Capital Budget? Doesn't that have a useful life?

Ms. Tolson

I'm sorry.

Councilman Nutter

Within five years or seven years or something like that?

Ms. Tolson

We do a significant amount of reconstruction and resurfacing. And it historically has been through the Capital Budget. We have about $11 million there.

Councilman Nutter

Okay. So what is this line item 305 then?

Ms. Tolson

The City also -- We -- With our operating forces --

Councilman Nutter

We do our own, 204 Whole - Operating Budget 4/28/04 right.

Ms. Tolson

-- we do some work as well.

Councilman Nutter

How many companies provide street resurfacing services to us?

Ms. Tolson

There's probably a handful that are available for that service.

Councilman Nutter

Okay. Could you be a little more specific? How many... I know what a couple is. I know what a few is.

Ms. Tolson

Handful.

Councilman Nutter

I don't know what a handful is.

Ms. Tolson

Handful? Four to five.

Councilman Nutter

Four to five. Okay. All right. A new definition. How much do we spend... In addition to the City's $2.49 million, how much do we spend on street resurfacing with private companies?

Ms. Tolson

$11 million. 205 Whole - Operating Budget 4/28/04

Councilman Nutter

I'm sorry?

Councilman Nutter

$11 million.

Ms. Tolson

$11 million.

Councilman Nutter

Where would I find that in any of these books?

Ms. Tolson

Let me get my Capital Budget book. I'm sorry, Councilman. We don't have our Capital Budget book here.

Councilman Nutter

That's all right. I have one, but that's not going to... Okay. That's fine. The Capital Budget is not going to tell me what I want to know. How many companies and what are their names?

Ms. Tolson

Okay. We will get that for you. Okay. The list of vendors here are our vendors that usually participate. AP Construction.

Councilman Nutter

I'm sorry. What was that name again? 206 Whole - Operating Budget 4/28/04

Councilman Nutter

AP?

Ms. Tolson

A as in apple. P as in Paul.

Councilman Nutter

Construction.

Ms. Tolson

DePaul Construction. Anderson, Glasgow.

Councilman Nutter

Hold on.

Ms. Tolson

G-l-a-s-g-o-w.

Councilman Nutter

G-l-a-s...

Councilman Nutter

g-o-w. Mm-hmm.

Ms. Tolson

And Seravelli.

Councilman Nutter

Seravelli?

Ms. Tolson

Does a limited amount.

Councilman Nutter

AP Construction, DePaul, Anderson, Glasgow, Seravelli?

Councilman Nutter

So there are five firms that provide street resurfacing services to us?

Ms. Tolson

Yes. This is a... They bid on these jobs.

Councilman Nutter

I'm sorry? 207 Whole - Operating Budget 4/28/04

Ms. Tolson

They bid on these jobs. These are all bid jobs.

Councilman Nutter

Okay. And what I'd like is, if you could provide us, say for the last two fiscal years, all the companies that bid, the companies that were awarded, how much they were awarded. To your knowledge, are any of these companies owned by either a minority or a female or any other person or entity in a disadvantaged business class?

Ms. Tolson

I believe... Let me just confirm... that one is a female. I think Glasgow. Glasgow is a woman-owned business.

Councilman Nutter

Okay. Are there any minority-owned firms or of any minority status?

Ms. Tolson

Not in the resurfacing.

Councilman Nutter

Okay. All right. And the amount that we spend annually on street resurfacing, is it fairly consistent over the years?

Ms. Tolson

The number is somewhat 208 Whole - Operating Budget 4/28/04 smaller this year.

Councilman Nutter

So we've done more in previous years.

Ms. Tolson

Yes. Yes. We had larger capital budgets.

Councilman Nutter

Okay. Okay. When you gave your answer on street resurfacing regarding minority firms, you seemed to make it specific to resurfacing. Are there other minority-owned companies that do major work for the Streets Department?

Ms. Tolson

Yes. We have Ramos that does construction work.

Councilman Nutter

Did you say Ramos?

Ms. Tolson

Yes. Ramos Construction Company.

Councilman Nutter

What kind of work would they do?

Ms. Tolson

Construction.

Councilman Nutter

I kind of figured that. What kind of construction?

Ms. Tolson

For example, they were 209 Whole - Operating Budget 4/28/04 a major player in the Independence... independence Construction project on Chestnut Street? They did the sidewalks the streetscape work...

Councilman Nutter

Is it the Independence Mall Project?

Councilman Nutter

Okay.

Ms. Tolson

Independence project.

Councilman Nutter

All right. Why don't we do this. Can you provide to the Chair a list. Is there, again, any central place that I would be able to go in the budget? As I said, I've been looking through the detail, and generally your 200 series or your 250 series. I don't see a lot of contracts or traditional... in the traditional places. Can you get to us a list of the various... Now, you did some one page with a whole bunch of professional services contracts on it, which I've now lost. Could you give us a list of all your 210 Whole - Operating Budget 4/28/04 contracts, and the amounts and what they were for?

Councilman Nutter

Okay. All right. Now, let me ask --

Councilwoman Brown

May I have a question?

Councilman Nutter

Yes. Microphone. Sure.

Councilwoman Brown

Indicate, if you would also, of those which are Philadelphia based. Thank you, Councilman Nutter.

Councilman Nutter

Sure. Well, why don't we just ask. I mean, there are only a handful.