COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE OF THE WHOLE3 Room 400, City Hall6 Philadelphia, Pennsylvania Tuesday, April 12, 20117 10:20 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA10 COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL CLARKE11 COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN12 COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN CURTIS JONES, JR.13 COUNCILMAN JACK KELLY COUNCILMAN JAMES KENNEY14 COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA D. QUINONES-SANCHEZ15 COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO, JR.16 COUNCILWOMAN MARIAN B. TASCO BILLS 110135, 110136, 110137 and 11013818 RESOLUTION 110161 - - -20 2
Good2 morning, everyone. This is a continued3 public hearing of the Committee of the4 Whole.5 The Chair recognizes6 Mr. McPherson.7 MR. McPHERSON: This is a8 continuation hearing on Resolution9 110161, the City's Five Year Plan; Bill10 No. 110135, the Capital Program for 201211 through 2017; Bill No. 110136, the12 Capital Budget for 2012; Bill No. 110137,13 the Operating Budget for Fiscal 2012; and14 Bill No. 110138 for the wage tax.15 Today we're taking testimony on16 Bill No. 110137, the Operating Budget for17 Fiscal 2012, and our first department is18 the Department of Public Property.19 (Witnesses approached witness20 table.)21
Good22 morning. 7 Council President Verna and8 members of City Council, I'm Joan9 Schlotterbeck, the Public Property10 Commissioner. It's a pleasure to appear11 before Council today in support of Public12 Property's budget request for FY12. 125 4/12/11 - WHOLE - BILL 1101371 percent increase over FY11. 9 percent, from6 FY11. 7 percent. In Class 400, we16 are requesting approximately 98,000,17 reflecting no change from FY11. 823 approximately in Class 200. million, or25 4/12/11 - WHOLE - BILL 1101371 almost 50 percent, from FY11 estimated2 obligations. This increase is due to an3 increase of rental cost and renovations4 for the Water Department's space at 11015 Market Street. 9 The Department of Public10 Property, DPP's, mission is to11 efficiently maintain the physical12 infrastructure that supports government13 operations, including City-owned14 buildings and leased space. 19 As part of the Department's20 efforts to improve the management of our21 public facilities, we continue to focus22 on increasing efficiencies in order to23 better serve the various facilities and24 user agencies. The Department currently25 6 4/12/11 - WHOLE - BILL 1101371 has maintenance responsibilities for over2 150 facilities, including Police and Fire3 Department facilities. 12 The Department has partnered13 with the Mayor's Office of Utilities and14 Transportation on the Energy Savings15 Company, ESCO, and utilities management16 database projects. 20 DPP is continuing to identify21 new opportunities for lease savings as22 existing leases expire, as well as23 monitoring the use of City-owned space to24 ensure efficient allocation. As part of25 7 4/12/11 - WHOLE - BILL 1101371 these planning efforts, we implemented2 new City space standards and a system for3 purging excess equipment and files. 13 The Department posted the14 inventory of City-owned property on the15 City's website, making it easier for the16 public and developers to search for17 City-owned property. In conjunction with18 that effort, the Department began a pilot19 marketing effort to sell individual20 vacant properties through a bidding21 process. 2 DPP was successful in its bid3 to acquire the two Federal Base4 Realignment and Closure, also known as5 BRAC, properties located on Wissahickon6 and Woodhaven Roads. The Department will7 take title during calendar year 2011 and8 will house a variety of Police Department9 functions, including the Police Training10 Academy. 15 The Department is also16 continuing its assessment of a building17 located at 4601 Market Street as a future18 site for a new police headquarters and19 morgue. 23 The City's Capital Projects24 Division provides architectural and25 9 4/12/11 - WHOLE - BILL 1101371 engineering support and project2 management services for Police, Fire,3 Prisons, Recreation, Fairmount Park,4 Health, Library, Human Services, Fleet,5 Office of Supportive Housing, Art Museum,6 Zoo and Public Property departmental7 operating facilities. Collectively,8 these departments include in excess of9 1,000 facilities comprising over 1110 million square feet and over 10,000 acres11 of park and recreation land. Major12 projects completed in FY11 include the13 City Hall Sprinkler Installation Phase 2,14 the President's House, the Criminal15 Justice Center Chiller Plant Upgrades,16 the Fire Department Diesel Emissions17 Point Source Capture Installations, and18 the Robin Hood Dell, completed in late19 FY10. 4 Groundbreaking for the new Engine 385 facility is anticipated in FY11, and we6 anticipate groundbreaking for the new7 SWAT/Bomb/Police Tactical facility for8 the fall of FY12, which will also see the9 completion of the City Hall exterior10 restorations. 12 The Capital Division continues13 its efforts to reduce carry-forward14 funding backlogs and improve capital15 timelines. FY11 has seen improvements in16 restoring staffing levels and the17 implementation of a Job Order18 Contracting, JOC, program.
The Job Order19 Contracting program is a unit price20 structured, work order based requirements21 contracting system customized to specific22 project types. We anticipate that these23 contracts will result in accelerated24 implementation for small to medium25 11 4/12/11 - WHOLE - BILL 1101371 projects, reducing project timelines by2 between 30 to 60 percent over normal3 public works contracting methods. 14 The Department of Public15 Property is committed to supporting the16 Administration's goal of 25 percent17 minority, woman and disabled-owned18 business participation in City19 contracting. Therefore, based on the20 Department's available contracting21 opportunities for FY11, the participation22 goal is 32 percent. 42 percent24 participation, which exceeds its goal of25 12 4/12/11 - WHOLE - BILL 1101371 32 percent. 14. 4 I'm now closing my testimony5 and would like to take this opportunity6 to thank you for your continued support7 of Public Property. 12
Thank13 you, Commissioner.14 COMMISSIONER SCHLOTTERBECK:15 You're welcome.16
How17 many employees do you have in your18 department?19 COMMISSIONER SCHLOTTERBECK: We20 have 129.21
And22 I'm sure that includes the administrative23 positions?24 COMMISSIONER SCHLOTTERBECK:25 13 4/12/11 - WHOLE - BILL 1101371 Yes. That's the operating budget, yes.2
How3 many employees are in the Construction4 Trades Unit?5 COMMISSIONER SCHLOTTERBECK:6 About six at this point.7
And11 what type of projects are they capable of12 doing?13 COMMISSIONER SCHLOTTERBECK:14 They do mostly interior renovation work.15
Such16 as?17 COMMISSIONER SCHLOTTERBECK:18 I'm going to ask Deputy Commissioner Joe19 Palantino to join me and answer that20 question.21 DEPUTY COMMISSIONER PALANTINO:22 Good morning, Council President.23
Good24 morning.25 14 4/12/11 - WHOLE - BILL 1101371 DEPUTY COMMISSIONER PALANTINO:2 How are you?3
Fine.4 Thank you.5 DEPUTY COMMISSIONER PALANTINO:6 My name is Joe Palantino. I'm Deputy7 Commissioner for Facilities.8 The Construction Trades Unit9 typically do interior renovations or10 upgrades, tile -- replacement of11 ceilings, finishing out walls, painting12 walls, floor upgrades, most of your13 interior upgrades, but they're minor in14 nature, sort of cosmetic in nature.15
Can16 you tell us the work backlog in the17 Construction Trades Unit?18 DEPUTY COMMISSIONER PALANTINO:19 Yes. Currently, we're working at the20 Police Administration building fitting21 out Room 24 -- 204. We're also working22 at the 7th District for security23 partitions and lobby renovations. And we24 have planned for the remainder of FY1125 15 4/12/11 - WHOLE - BILL 1101371 the interior renovation for the tow squad2 at Macalester Street, and we plan an3 exterior upgrade at Valor Hall for4 replacing the siding.5
We6 have 150 facilities and we have six7 employees -- I'll tell you, they may be8 magicians -- in the Construction Trades9 Unit. I don't know how anything ever10 gets done.11 COMMISSIONER SCHLOTTERBECK:12 Council President, what we try to do,13 we're working towards a bigger unit, but14 we're not there yet. I mean, we're15 waiting for this Job Order Contracting16 system. I think the two of them once17 they're fully implemented, we can maybe18 increase our number of people we can move19 out of General Maintenance into the20 Construction Unit, but we're not there21 yet. But this is even a big leap forward22 for us to have six people that can just23 be dedicated to doing these small24 projects, get them done quickly.25 16 4/12/11 - WHOLE - BILL 1101371
You2 know, years ago I know we had -- and I3 don't know whether it was during your4 time -- we had plumbers, electricians,5 carpenters in Public Property.6 COMMISSIONER SCHLOTTERBECK: We7 still do.8
Well,9 if we do, do they do patch work or can10 they go out and replace a roof at a11 recreation center?12 COMMISSIONER SCHLOTTERBECK:13 The answer is they can, and I guess I14 shouldn't -- I'm not a tradesperson.15 They can, based on the extent of the16 damage. So if it's something that's17 really far gone and it's gutters and18 roofs and possibly damage as a result of19 water to the exterior, we normally go20 through a capital improvement.21 I forget. How many roofers do22 we have?23
I24 just think we could be saving so much25 17 4/12/11 - WHOLE - BILL 1101371 money if in fact we did have this unit in2 Public Property rather than spending all3 of the money that we have to spend with4 contractors going out to do the work.5 And, you know, I'll never forget, we had6 a contractor do a roof in one of our7 recreation centers. He neglected to put8 the flashing. Consequently, we had more9 damage in that rec center, because it10 rained that very night. The gym floor11 had to be replaced. The walls had just12 been painted, so they had to be13 repainted.14 I just think that Public15 Property could do a much better job and a16 much cheaper job by doing it with City17 employees rather than putting it out18 under contract. I don't know whether you19 would agree or disagree, but I think if20 it worked before, it can certainly work21 again. Would you agree?22 COMMISSIONER SCHLOTTERBECK:23 Well, I think there's always room for24 improvement and, yes, I would agree.25 18 4/12/11 - WHOLE - BILL 1101371 Some projects would be cheaper if they2 could be done in-house, but not all.3
Well,4 I'll tell you, when we submit our capital5 budget and we get an estimated cost, I6 think it's just so outlandish the money7 that we have to spend, when I personally8 feel -- and I'm not a contractor, but I9 personally feel our own people could be10 doing the same job at a much cheaper11 cost. But that's only my opinion.12 Do you have the sufficient13 number of employees in the Construction14 Trades Unit to effectively take care of15 its backlog?16 COMMISSIONER SCHLOTTERBECK:17 There's always room for improvement. I18 think more would be better, but --19 basically the backlog is something that20 we create ourselves. We analyze whether21 the project -- what portion of a project22 that's been requested by a user agency or23 facility that shouldn't be put out to24 capital, and that's how we end up25 19 4/12/11 - WHOLE - BILL 1101371 establishing the difference.2
You3 mention in your testimony that you're in4 the process of implementing a Job Order5 Contracting program. How many years has6 it taken for you to get this far? You've7 been working on this for quite a while.8 COMMISSIONER SCHLOTTERBECK:9 I'm going to ask Gary Knappick to join10 us. He's actually -- he's done all the11 work on this. I don't think it's been12 that long.13 DEPUTY COMMISSIONER KNAPPICK:14 Good morning, Council President.15
Good16 morning.17 DEPUTY COMMISSIONER KNAPPICK:18 We've been working on the Job Order19 Contracting system for about a year, a20 little more than a year right now. The21 whole process is relatively new in the22 industry, and we worked with Law and23 Procurement to make sure that we're24 meeting all the requirements of the City25 20 4/12/11 - WHOLE - BILL 1101371 and the governing laws in implementing2 that. We cleared that hurdle, developed3 an RFP, put the RFP out. We have the4 RFPs in, and we're in the process of5 evaluating. We hope to have our6 consultant on board by the end of7 April -- no; let me say the middle of8 May, at which point we could start the9 process.10
Can11 we be told what the current backlog of12 projects is in the Capital Budget13 Division?14 DEPUTY COMMISSIONER KNAPPICK:15 I could give you a rough number now. It16 will take me a few minutes to calculate17 it, but it will be more in terms of the18 dollars. I'd have to go back and look at19 the projects for the FY12 and FY11 spread20 out.21 COMMISSIONER SCHLOTTERBECK: We22 can submit it to you.23 DEPUTY COMMISSIONER KNAPPICK:24 We can get back to you on that.25 21 4/12/11 - WHOLE - BILL 1101371
Would2 you, please.3 DEPUTY COMMISSIONER KNAPPICK:4 I certainly would, Madam President.5
Every6 year in the capital budget, the7 Administrations request to carry over8 tens of millions of dollars of prior year9 funds due to delays. How will the new10 Job Order Contracting program reduce the11 backlog, and shouldn't we save money on12 these projects if we are reducing the13 completion time?14 DEPUTY COMMISSIONER KNAPPICK:15 Yes. We're looking at a completion time16 differential of between -- over normal17 public works contracting of --18
I'm19 sorry. Over?20 DEPUTY COMMISSIONER KNAPPICK:21 Over normal public works contracting --22 that's the full-blown process of23 pre-design, design, bidding and award and24 construction -- of about one-third to25 22 4/12/11 - WHOLE - BILL 1101371 two-thirds the time. The process2 basically eliminates by establishing unit3 prices for various types of construction.4 Job order contracting wouldn't apply to5 all construction, because there's about6 13 different categories and specialties7 in the various trades of construction.8 But the type of projects we normally do9 would be reduced by that amount.10 We took a look at the FY1111 projects, and we feel about 50 percent of12 those projects would fall within job13 order contracting. So to answer your14 question, yeah, by reducing the15 timeframes, we should be reducing some16 form of cost. We won't know that until17 we really get our hands around it, our18 arms around it and start working with the19 system.20
Well,21 we have projects, and I'm sure the22 District Councilmembers will agree with23 me, projects that are carried over year24 after year after year, and year after25 23 4/12/11 - WHOLE - BILL 1101371 year after year, the price increases.2 Are you going to assure us that that's3 not going to happen?4 DEPUTY COMMISSIONER KNAPPICK:5 I will assure you that we will be moving6 projects faster and that we will reduce7 the backlog by utilizing this system.8
What9 City departments will be moving from10 leased space to City-owned space in11 Fiscal 2012?12 DEPUTY COMMISSIONER HERZINS:13 There will be -- Council President, John14 Herzins, Deputy Commissioner, Real15 Estate. Good morning.16
Good17 morning.18 DEPUTY COMMISSIONER HERZINS:19 There are a number of police units that20 are currently in leased space that will21 be moving into the two BRAC facilities.22
The23 two?24 DEPUTY COMMISSIONER HERZINS:25 24 4/12/11 - WHOLE - BILL 1101371 BRAC facilities at Wissahickon and2 Woodhaven Roads. There are a number of3 units -- would you like those units in4 detail?5
Yeah,6 please.7 DEPUTY COMMISSIONER HERZINS:8 We have currently in leased space at 9909 Spring Garden, we have the Gun Permitting10 Unit, the Civil Affairs Unit and the11 Audit Unit. We also have the Grants Unit12 and the Narcotics Units that are13 currently in leased space at the14 Frankford Arsenal that will be relocated15 into the Wissahickon BRAC site.16 We also have the 9-1-1 Training17 Backup Unit and the Advanced Training18 Unit at 990 Spring Garden relocating to19 the Woodhaven site.20 COUNCIL PRESIDENT VERNA:21 That's it? Okay. Can you tell us what22 are the savings associated with these23 moves?24 DEPUTY COMMISSIONER HERZINS:25 25 4/12/11 - WHOLE - BILL 1101371 We can get you the dollar amounts for2 those. We plan to terminate the majority3 of those leases.4
Thank5 you.6 I have several other questions,7 but I see that my colleagues all want to8 be recognized.9 The Chair recognizes Councilman10 Goode.11
Thank you,12 Madam President.13 Good morning, Commissioner.14 COMMISSIONER SCHLOTTERBECK:15 Good morning.16
First let me17 congratulate you on your consistent track18 record of business diversity, but this19 year I won't be dealing with20 participation rates. I want to actually21 walk through the process related to the22 largest contract that you expect to award23 in Fiscal Year '12. So can you tell me24 what that contract will be?25 26 4/12/11 - WHOLE - BILL 1101371 COMMISSIONER SCHLOTTERBECK:2 What's my largest contract? That will be3 the U.S. Facilities contract. It's4 approximately -- I think it's5 approximately $12 million.6
And that is7 a renewable contract?8 COMMISSIONER SCHLOTTERBECK:9 Yes, it is. Yes. It has three options.10 Two more options to go.11
So the firm12 has held the contract for -- this is the13 second year?14 COMMISSIONER SCHLOTTERBECK:15 Yes.16
Can you17 briefly describe the contract18 requirements?19 COMMISSIONER SCHLOTTERBECK:20 Basically it's what's considered in the21 high rise, it's a full-service contract.22 Everything goes through that contract.23 In other words, security, custodial,24 maintenance, pest control, anything25 27 4/12/11 - WHOLE - BILL 1101371 that -- we do not pay for anything.2 Everything goes through the contract.3
And is that4 firm a certified disadvantaged business?5 COMMISSIONER SCHLOTTERBECK:6 Yes. It's a minority firm.7
And is the8 firm currently in compliance with the9 City's living wage and benefits standard?10 COMMISSIONER SCHLOTTERBECK:11 Yes, it is.12
Thank you.13 That's it.14 Thank you, Madam President.15 COUNCIL PRESIDENT VERNA:16 You're welcome.17 The Chair recognizes18 Councilwoman Blackwell.19
Thank20 you, Madam President.21 Good morning.22 COMMISSIONER SCHLOTTERBECK:23 Good morning.24
I25 28 4/12/11 - WHOLE - BILL 1101371 wanted to -- I have three issues. One, I2 still want to put in your mind that at3 some point the Mayor's Commission on4 African and Caribbean Immigrant Affairs5 would like a little space.6 COMMISSIONER SCHLOTTERBECK:7 Okay.8
Number9 two, I wanted to ask you if the City ever10 gives away old belongings, because the11 Liberians have come to us about trying to12 get a couple old trucks. Does the City13 dispose of it? Is there some way that14 can be worked out?15 COMMISSIONER SCHLOTTERBECK:16 Okay. When it comes to vehicles, I do17 believe Jim Muller is here waiting to18 testify after we're through. But I19 believe that's done by auction, and as20 far as City equipment, that's also a21 process through the Procurement22 Department.23
Okay.24 Number three, I really hope that before25 29 4/12/11 - WHOLE - BILL 1101371 this budget is over -- and I thank you2 for your willingness to work with us. I3 want to bring up the Tiberino issue again4 for MSB, and we still put it out there5 that we'd like to get that resolved.6 COMMISSIONER SCHLOTTERBECK:7 And I am aware of that and we are working8 both with Jane and with the Office of9 Arts and Culture to see if that's doable.10 The location is fine with me.11
Okay.12 Thank you. And you said that initially,13 too.14 COMMISSIONER SCHLOTTERBECK:15 Yeah.16
Thank17 you.18 COMMISSIONER SCHLOTTERBECK:19 You're welcome.20
Good25 30 4/12/11 - WHOLE - BILL 1101371 morning. Good morning, everyone.2 COMMISSIONER SCHLOTTERBECK:3 Good morning.4
Just a5 couple quick questions. Commissioner,6 I've been getting a lot of e-mails about7 certain City facilities, but before I get8 into the specifics, are your facilities,9 your buildings, City Hall, MSB, other10 City property, held to the same scrutiny11 as a private-sector building in the City?12 Do you have to -- are you inspected by13 L&I? Do you -- I know the schools are.14 COMMISSIONER SCHLOTTERBECK:15 Yes.16
But what17 about the buildings? Because, you know,18 for years and years and years, we had19 dead bolts on the doors down here where20 if, God forbid, there was an incident,21 you couldn't get out because there were22 no panic bars, and it took five or six23 years to get that corrected.24 I would like to know what25 31 4/12/11 - WHOLE - BILL 1101371 scrutiny you have. Do you go through the2 same thing as --3 COMMISSIONER SCHLOTTERBECK:4 Yes, we do.5
-- XYZ6 building on Market Street?7 COMMISSIONER SCHLOTTERBECK:8 Yes, we do.9
Then how10 come some of the conditions exist in our11 buildings that don't exist in other12 buildings, like asbestos and other13 issues?14 COMMISSIONER SCHLOTTERBECK: If15 there's asbestos that's friable, we deal16 with it. We do not --17
Tell me18 about the condition of the Police19 Administration building presently. Why20 are we getting so many e-mails about21 health issues, et cetera, there and the22 fact that L&I apparently isn't involving23 themselves? Are you telling me that it's24 not friable and it's appropriate?25 32 4/12/11 - WHOLE - BILL 1101371 COMMISSIONER SCHLOTTERBECK:2 No. I actually don't know what you're3 speaking about, but I can tell you that4 we have an engineer on staff in the5 Capital Projects Division that has --6 he's in charge of environmental problems.7 We don't -- City Hall, for instance, it's8 my golden rule that assume if you're9 going to do work, you have an10 environmental issue. So first you figure11 that out, whether it's tiles, whether12 it's asbestos, whatever the issue is,13 lead paint. And so we get that done.14 Same thing with the Police15 Administration.16 We don't go into spaces without17 knowing what we're dealing with. We have18 a good handle on that. We have a report19 on this whole building. So we know20 what's where and what condition it's in.21
Are there22 issues at the Police Administration23 building that --24 COMMISSIONER SCHLOTTERBECK:25 33 4/12/11 - WHOLE - BILL 1101371 Not to my knowledge. I'm happy to have2 Joe and I meet with Jack Gaittens if3 there's anything I'm not aware of. To4 the best of my knowledge, there's nothing5 going on down there.6
So let's say7 the Police Administration building, the8 same level of inspection is provided by9 the inspection agencies?10 COMMISSIONER SCHLOTTERBECK:11 Yes.12
They go13 there just like they would any other14 building?15 COMMISSIONER SCHLOTTERBECK:16 Yes. And we pull permits, we do go17 through zoning changes. We're held to18 the same standard, absolutely.19
Fire20 suppression, all those things?21 COMMISSIONER SCHLOTTERBECK:22 Yes.23
That's good24 to hear, because --25 34 4/12/11 - WHOLE - BILL 1101371 COMMISSIONER SCHLOTTERBECK:2 Yes. We have contracts for that. Yes.3 Absolutely.4
Because the5 reason being that I bring that up is6 because when we had the dead bolts on the7 doors down here with no panic bars,8 people couldn't get out of this building9 unless they had a key. I was told that10 we're exempt, we don't really need to do11 that because we're a City building.12 COMMISSIONER SCHLOTTERBECK:13 Not true.14
So somebody18 who is --19 COMMISSIONER SCHLOTTERBECK:20 And right now if there's a fire emergency21 in the middle of the night, the doors22 open.23
But you know24 that wasn't the case for a lot of years?25 35 4/12/11 - WHOLE - BILL 1101371 COMMISSIONER SCHLOTTERBECK: I2 do know that.3
Okay.4 Thanks. And, again, you guys do a great5 job with minimum resources.6 COMMISSIONER SCHLOTTERBECK:7 Thank you.8
It's9 appreciated very much. Thanks.10 COMMISSIONER SCHLOTTERBECK:11 Thank you.12
Thanks,13 Madam Chair.14 COUNCIL PRESIDENT VERNA:15 You're welcome.16 The Chair recognizes17 Councilwoman Tasco.18
Thank you.19 Good morning.20 COMMISSIONER SCHLOTTERBECK:21 Good morning.22
I have a23 couple of questions. You know, we've24 been trying to move property on25 36 4/12/11 - WHOLE - BILL 1101371 Cheltenham Avenue for over two years and2 I still don't know what the status of3 that is. I also was contacted by someone4 who tried to move a building on 4th5 Street and it took us an awful long time6 to negotiate the final settlement on that7 property, and I don't know what the8 holdup is in terms of how you all move9 these properties, but my question is, is10 there -- what is going on in terms of11 property disposition? And I know that12 you all are trying to get appraisals.13 The one on Cheltenham Avenue,14 the appraisal changed. I don't know15 where that is, and the poor man is16 waiting to start a business and right now17 he's like in limbo.18 The other question, as a result19 of all of the delay, how much does it20 cost the City in taxes and possibly21 people getting jobs because we don't move22 fast enough to get these properties on23 the tax rolls?24 COMMISSIONER SCHLOTTERBECK:25 37 4/12/11 - WHOLE - BILL 1101371 Well, let me -- generally, as you know,2 the Administration is working very hard3 to come up with a citywide policy on4 acquisition and disposition of public5 property regardless --6
How long7 is that going to take?8 COMMISSIONER SCHLOTTERBECK:9 We're close. We're very close.10 As far as the Cheltenham Avenue11 and the 4th Street, I'm going to have12 John give you the update on those.13
Well, 4th14 Street was completed, but it was almost a15 year we were dealing with that. It16 wasn't my district, but a friend of mine17 called me and asked --18 COMMISSIONER SCHLOTTERBECK: Do19 you know the address?20
It was 1421 something North 4th Street, something22 like that, 401. I don't remember the23 address. It wasn't my district, but he24 had the support of the District25 38 4/12/11 - WHOLE - BILL 1101371 Councilperson.2 COMMISSIONER SCHLOTTERBECK:3 Okay. Well, I think John can address4 that.5 DEPUTY COMMISSIONER HERZINS:6 Councilwoman, on the Cheltenham, that was7 a sale handled by the Office of Housing8 through the VPRC program, and I know they9 did get two appraisals that I think10 valued the property significantly higher11 I think than the first appraisal, and12 it's my understanding that the first13 appraisal was low due to the fact that14 they didn't have -- or the appraiser15 didn't have the correct legal footprint16 to use. So they did get two independent17 appraisals, and I think the value they18 determined was somewhere around $500,000.19
And we20 talked about that.21 DEPUTY COMMISSIONER HERZINS:22 Right.23
That space24 is not worth $500,000. That property has25 39 4/12/11 - WHOLE - BILL 1101371 been vacant for 30 years, and every year2 I have to call the City to clean up the3 weeds, clean up the lot. The neighbors4 have -- and it's not going to go -- it's5 not -- I don't know how they could value6 it at $500,000. The poor man can't pay7 500,000, and it's going to stay vacant,8 and the City at the end of the day is9 going to continue to spend money to clean10 the lot, clean the weeds and we're going11 to constantly get calls from the12 neighbors about that lot.13 I just want to know how we're14 going to resolve that issue and find the15 middle ground so the poor man can buy the16 lot.17 COMMISSIONER SCHLOTTERBECK:18 Well, we'll have to get --19
You know,20 I've been talking about this for, again,21 almost two years, and I think the City22 ought to find some way to come to a23 common agreement with this possible24 buyer, because you're losing revenue.25 40 4/12/11 - WHOLE - BILL 1101371 You're spending money to clean it up,2 call Tom Conway, go out and clip the3 grass, go out and clear up the trash. In4 the meantime, we're losing tax dollars,5 because nothing is being done.6 DEPUTY COMMISSIONER HERZINS:7 Councilwoman --8
And9 possibly someone working there who is10 also paying wage tax.11 DEPUTY COMMISSIONER HERZINS:12 Councilwoman, we'll schedule a meeting13 with the Director of Housing and take a14 look at the appraisals again, and we'll15 get back to you.16
But that's17 what you told me before. I'm still18 waiting. The problem with it is, I get a19 response, but I get no action.20 DEPUTY COMMISSIONER HERZINS:21 Our last communication with them, they22 felt confident that the appraisals were a23 fair valuation. So we'll take a look at24 them and meet with her and get back to25 41 4/12/11 - WHOLE - BILL 1101371 you again.2
Well, it3 may be in their mind a fair valuation,4 but I represent that district and I know5 that area and it's not going to go for6 that. It's not going to go for that7 amount. The value is not. The value of8 that land is not at $500,000. That guy9 can't pay it. Nobody is going to pay10 $500,000 for that lot, which presents a11 lot of problems even just trying to12 construct something on it. He's got the13 zoning approval and everything.14 So that is my concern, because15 I think the delay -- and people ought to16 look at that in terms of what it costs us17 in terms of revenue and possibly job loss18 because we don't have -- we're not moving19 fast enough.20 COMMISSIONER SCHLOTTERBECK:21 Okay.22
Thank you,23 Councilwoman. Brian Abernathy, Chief of24 Staff, the Managing Director.25 42 4/12/11 - WHOLE - BILL 1101371 The policies that we're looking2 for the disposition of public property3 get to exactly your point. We want to4 sell properties more quickly and more5 fairly and more predictably than we6 currently do. It's taken more time than7 we wanted to to develop those policies,8 but we do think we're close. And on this9 case specifically, I'm happy to work with10 your office to try and move this project11 forward more quickly and get you12 resolution.13
Well, we14 need resolution to it, because the summer15 is coming and I'm going to get calls16 every day about that lot with whatever is17 going on over there. And the poor man18 wants to build something and invest in19 the City, because it's right across the20 street from Cheltenham. He could go to21 Cheltenham.22
We want24 him in Philadelphia.25 43 4/12/11 - WHOLE - BILL 1101371
Thank you4 very much.5 Thank you.6 COUNCIL PRESIDENT VERNA:7 Councilwoman, are you finished?8
Thank11 you.12 The Chair recognizes Councilman13 Green.14
Thank you,15 Madam Chair.16 Good morning.17 COMMISSIONER SCHLOTTERBECK:18 Good morning.19
I apologize20 for missing your testimony, but I had the21 opportunity to read it. We were provided22 from the Budget Office budget reduction23 scenarios for each department that were24 prepared. You prepared a three percent25 44 4/12/11 - WHOLE - BILL 1101371 budget reduction scenario, which included2 six items totalling $1.6 million in3 savings. I'd like to ask you about four4 of the items.5 What is the 441,000 reduction6 for electric service, the three SEPTA7 reductions, 99,000 for Market East8 maintenance agreement and 191,000 for9 elevator and escalator maintenance. What10 are these services?11 COMMISSIONER SCHLOTTERBECK:12 The Department of Public Property13 supports SEPTA. We pay for -- it's14 concourse related, general concourses15 that the City owns. The general rule of16 thumb, Councilman, is leading up to the17 PAID area is City owned and that these18 are -- these contracts have been probably19 25, maybe 30 years old at this point. So20 we're paying for electric service. We21 have a contribution towards the Market22 East maintenance agreement for23 maintenance in general, custodial care.24 We have elevator and escalators. The25 45 4/12/11 - WHOLE - BILL 1101371 escalator at 15th Street across from City2 Hall, 8th and Market, 15th and Locust,3 those elevators and escalators are Public4 Property's responsibility. And then the5 Center City District, we've joined with6 SEPTA for the custodial maintenance over7 all concourses. That's what they are.8
I understand9 they're 30 years old, but if we could cut10 them -- if you're required to have the11 three percent cut, why wouldn't we cut12 them today?13 COMMISSIONER SCHLOTTERBECK:14 Actually, this cut represents the15 possible change in my budget when we16 change and update the relationship with17 SEPTA. We're in that process now.18
Well,19 because we give them $84 million a year20 for their operations and other stuff,21 which is far more than any other county.22 I think the highest surrounding county23 gives them $4 million. And I don't see24 why we just wouldn't say we're not paying25 46 4/12/11 - WHOLE - BILL 1101371 for this.2 COMMISSIONER SCHLOTTERBECK:3 Actually, we're in the process of the4 lease-leaseback. We are in the process5 of updating that relationship. We're in6 negotiations right now. What I'm7 suggesting is that we will -- if we can8 get there, where we want to be, we're9 negotiating with them. It's not -- I10 don't necessarily want to go into detail11 here, but these contracts then would be12 terminated. I would not have to fund13 these any longer.14
If I could add15 to that. Rebecca Rhynhart, Budget16 Director.17 Because there are contractual18 obligations, we can't just cut the SEPTA19 payment. That's why we didn't take these20 cuts in the budget process. If we could21 get these savings, that's great. That's22 something that we're working towards, but23 there are contractual obligations that we24 can't just decide to cut the payment to25 47 4/12/11 - WHOLE - BILL 1101371 SEPTA.2
We can3 actually with respect to the $84 million4 or portions of it cut that payment. So I5 mean we can --6
City Council9 has to appropriate that money. We can10 take it one side or the other.11
I think -- and12 we could get some more information to13 you, but my understanding is that that14 amount is set forth in various different15 legal obligations. I'm not sure if it's16 at the state level, but it's a contract17 that's outside of the Council --18
There are19 formulas that are agreements that have20 been put in place with prior21 Administrations. I don't think the exact22 dollar amount of our contribution is23 required by state law or any written24 agreement.25 48 4/12/11 - WHOLE - BILL 1101371
We did a11 calculation in 2008 and we determined12 that we were paying more than the amount13 required by several million dollars as14 part of the 84. And so that still is15 available to us. I understand we want to16 negotiate it in the context, but in 200817 when we did the analysis, we determined18 that we are actually paying above what's19 legally required.20
Yeah. My21 understanding is that we can't -- that22 those are set forth, but we can talk23 to -- I can look into that again, but I24 have asked about that, and the responses25 49 4/12/11 - WHOLE - BILL 1101371 I have received is that is set.2
That is the3 response I initially received in 2008,4 and then we went and actually looked at5 all the various documentation and other6 agreements, and we're paying slightly7 more by a couple million than we're8 required to.9
Council President,10 Andrew Stober from the Mayor's Office of11 Transportation and Utilities.12 Councilman, if Council were to13 decrease that appropriation, in all14 likelihood SEPTA would provide a15 commensurate decrease in service to the16 City. So we'd just be paying for it one17 way or another. So there would be less18 bus service. They would have to cut bus19 or other transit service to compensate20 for the reduction in funds they receive21 from the City.22
I doubt that23 very much. I hear what you're saying.24 The question is, is the $84 million more25 50 4/12/11 - WHOLE - BILL 1101371 than we are legally obligated to pay to2 SEPTA? Do you know the answer to that3 question?4
Thank you.7 I believe it is. So I'm glad to hear8 that this potential for -- this potential9 money for the SEPTA reductions, as it was10 called in the three percent reduction11 scenario, is being negotiated. When will12 that be resolved?13
I actually don't14 have a timeline for that.15 COMMISSIONER SCHLOTTERBECK:16 I'm working very closely with Rina17 Cutler's office and Joe Casey. I don't18 actually know.19
Will it be22 resolved before the end of this fiscal23 year?24
In all likelihood,25 51 4/12/11 - WHOLE - BILL 1101371 it will not be resolved before the end of2 the fiscal year.3
One of the4 ways for us to deal with this is to bring5 it to a head by not appropriating the6 money, and then that will force7 negotiations. There's money requested8 for the Ethics Board, for other valuable9 things, and we've got to find it10 somewhere. This looks to be like fertile11 ground.12 I'd like to hear more about the13 149,000 potential reduction related to14 space rental at Eight Penn Center.15 COMMISSIONER SCHLOTTERBECK:16 You're asking me about all the old-timers17 that I've inherited. That's probably a18 40 -- however long the tower -- when they19 took the ice skating rink out and they20 built the Eight Penn Center towers.21 We're actually not paying that anymore.22 That is a sub-basement space, and the23 land is owned by SEPTA and the building24 is privately owned, and from the25 52 4/12/11 - WHOLE - BILL 1101371 beginning of the lease until about, I2 think it was, maybe five years, six years3 back, it was a flat rate. I think it was4 $40,000, if my memory is right. There is5 a unique clause in the lease that says at6 any time in the relationship that this7 could be -- appraised value could be8 raised, some language like that. So this9 is before this Administration. The10 relationship was kind of strained and so11 they exercised that option and increased12 it to this high amount, but we are not13 paying it any longer.14
So why is it15 in the budget?16 COMMISSIONER SCHLOTTERBECK: Is17 it in -- well, we're not paying it.18
It's19 under --20 COMMISSIONER SCHLOTTERBECK:21 We're not going to pay it.22
It's Page23 28, Section 22. There's not a line24 number, but it's about ten from the25 53 4/12/11 - WHOLE - BILL 1101371 bottom.2 COMMISSIONER SCHLOTTERBECK:3 I've been working with Fran Kelly, Chief4 of Staff for Joe Casey, and we are not5 going to pay it. It is in the budget,6 but we are not paying the money.7
So we can8 transfer that $149,000 out of your9 department without it impacting anything10 that you have come and asked us for?11 COMMISSIONER SCHLOTTERBECK:12 Once I get the legal paper done, yes.13
Okay. Thank14 you.15 COMMISSIONER SCHLOTTERBECK:16 Provided that the Budget Director agrees.17 It's not my call, actually.18
Well, it's19 also our call. It's now -- the budget20 has now been given to City Council and,21 of course, we can make that change on our22 own.23 COMMISSIONER SCHLOTTERBECK:24 Understood.25 54 4/12/11 - WHOLE - BILL 1101371
You noted2 that your department is planning in FY123 and FY13 to relocate several agencies4 from leased space into City-owned space5 as well as terminate some leases that are6 expiring. We heard the same testimony7 last year roughly and the year before8 also. But the detail shows that our9 Class 284 space rental is going up by10 about 2.8 million in FY12.11 COMMISSIONER SCHLOTTERBECK:12 That's correct.13
And then14 coming down by about 650, less than 2515 percent of this year's increase in FY13.16 Can you explain that?17 COMMISSIONER SCHLOTTERBECK:18 Sure.19 DEPUTY COMMISSIONER HERZINS:20 Councilman, the increase in the space21 rental is primarily due to two new big22 leases that the City is entering into,23 one for the Delaware Valley Intelligence24 Center down at 20th and Oregon as well as25 55 4/12/11 - WHOLE - BILL 1101371 the --2
I'm sorry.3 For the what?4 DEPUTY COMMISSIONER HERZINS:5 Delaware Valley Intelligence Center.6
Delaware7 Valley Intelligence Center?8 DEPUTY COMMISSIONER HERZINS:9 Otherwise known as DVIC.10
Where were11 they prior to or --12 DEPUTY COMMISSIONER HERZINS:13 It was a regional task force made up of14 four suburban counties that are police15 department units. They hadn't been in16 any location. That is a brand new17 consolidation of all their efforts.18
And so is19 there a reason we went into that space20 rather than space that we have currently21 that we're looking to reduce? In other22 words, if you go to, say, the second23 floor above where the Ethics Board is24 above Del Frisco's, in that building,25 56 4/12/11 - WHOLE - BILL 1101371 there's a lot of empty space up there2 that's not in productive use. If you go3 into MSB and walk around the floors,4 there's a lot of empty carrels and other5 spaces that's not in productive use.6 Why do we go outside of a7 building or space that we already control8 and spend money on that instead of9 locating people in existing space?10 DEPUTY COMMISSIONER HERZINS:11 The task force was charged with finding a12 location away from the core downtown13 area. This would be an agency or a group14 of people, individuals and groups, that15 would be dealing with things like if16 there was a terrorist attack or some kind17 of emergency downtown. So from the18 beginning, we were looking at areas19 outside of the core downtown.20
How much21 space did they need?22 DEPUTY COMMISSIONER HERZINS:23 Forty thousand.24
Forty25 57 4/12/11 - WHOLE - BILL 1101371 thousand square feet. And how much are2 we paying a square foot?3 DEPUTY COMMISSIONER HERZINS:4 This including -- the base rent is $8 a5 square foot, plus the fit-out costs6 amortized.7
Plus the8 fit-out costs amortized, which brings it9 up to?10 DEPUTY COMMISSIONER HERZINS:11 Per square feet, $46.12
Forty-six13 dollars a square foot? Center City14 office space is $27 a square foot with15 improvements. That's not market.16 That's -- I mean, you could go into the17 Budd complex down where Temple University18 put space in for far less than $46 a19 square foot.20 Who owns the building?21 COMMISSIONER SCHLOTTERBECK:22 Defense Realty.23 DEPUTY COMMISSIONER HERZINS:24 Defense Realty.25 58 4/12/11 - WHOLE - BILL 1101371
Councilman,4 again, Brian Abernathy, Chief of Staff to5 the Managing Director.6 The fit-out cost is significant7 in large part because of the specialty8 needs for this type of operation, and I9 think having that on the record is10 important. This isn't your normal office11 space. This is a Homeland Security12 facility.13
Well, if you14 could please provide the Chair with15 details of the fit-out cost, because I16 can't imagine it includes the cabling17 required or other things like that that18 are going to be done by the City for19 communications, et cetera. And it seems20 to me if it includes that, it shouldn't,21 because if it's Homeland Security, we can22 get federal funding or E911 or other23 money for that kind of stuff. Fit-out24 cost is furniture, it is walls, it is --25 59 4/12/11 - WHOLE - BILL 1101371
We'll supply a2 full breakdown of that lease, including3 the federal funds that are paying for the4 majority of the project.5
Mr.8 Abernathy, before you go, point of9 information. How long is the lease?10
I believe it's11 ten years.12 DEPUTY COMMISSIONER HERZINS:13 Ten years.14
Did you15 bring it to Council?16 DEPUTY COMMISSIONER HERZINS:17 Yes.18
When was20 that?21 DEPUTY COMMISSIONER HERZINS:22 In December. I think it passed in23 December.24
Okay.25 60 4/12/11 - WHOLE - BILL 1101371 Thank you.2
Okay. We7 had exhaustive conversations about this8 and I'm hearing a whole different story.9 I have a pretty good memory, and I10 remember that there was -- this task11 force was supposed to be -- this expense12 was supposed to be shared by suburban13 counties.14 COMMISSIONER SCHLOTTERBECK:15 That's correct.16
You never17 even mentioned that.18 COMMISSIONER SCHLOTTERBECK:19 There's funding sources. We will supply20 that to the Chair.21
We'll supply22 the entire -- I don't have the details,23 Councilman. I'm happy to supply to the24 Chair the full details.25 61 4/12/11 - WHOLE - BILL 1101371
Well, one of2 the big questions was that since this is3 a shared facility, that the counties are4 pitching in, that we're picking up the5 entire electric utility cost for that6 facility also, correct?7 COMMISSIONER SCHLOTTERBECK:8 The answer to the question is yes. It9 doesn't mean that we're going to pay it.10 It doesn't mean that -- we're going to11 have a relationship that goes on, so the12 task force will always be part of the13 reimbursables. There's a relationship.14 It's not -- City is not paying 10015 percent of this.16
And I'm17 going to get the transcript, because I18 was under the impression that we were19 getting this building for -- I thought it20 was some type of a federal facility that21 we were getting with not fit-out -- maybe22 fit-out cost, but not rent. I'm hearing23 a whole lot of -- I'm hearing something24 entirely different than I understood when25 62 4/12/11 - WHOLE - BILL 1101371 we had the hearing. I'm going to refresh2 my memory for sure, but explain the3 federal aspects of this, because, again,4 you didn't mention that today.5
Sure. And,6 Councilman, I'm not prepared to go into7 detail, but what I will do is provide the8 financials to you and also work with9 Everett Gillison to get a meeting with10 you and any other Councilmember that11 would like to discuss it in detail.12
I don't need13 to beat this thing to death other than14 the fact I'm hearing something a little15 different than I heard at the hearing,16 and I have, again, a pretty good17 recollection of things.18
Understood.19 And I just want to make sure the primary20 on our side is in the room and can answer21 the questions better than I can.22
Okay.23 Because we have it all as a matter of24 that transcript --25 63 4/12/11 - WHOLE - BILL 1101371
Councilman12 Green, do you want to continue, because13 we interrupted your line of questioning.14 Please proceed.15
Thank you.16 Okay. I'll be interested in17 seeing how we're spending 46 bucks a18 foot, and I'll ask the Budget Office to19 show us where in the budget the funding20 from the federal government and any21 cooperation or related funding from the22 state budget comes from. Just provide23 that detail when you provide the24 information about the lease and we'll25 64 4/12/11 - WHOLE - BILL 1101371 take a look at it.2 COMMISSIONER SCHLOTTERBECK: We3 will. It's in there. No problem.4
Okay. I've5 raised concerns in past years about6 office space leases, including those at7 the Curtis Center and Aramark building,8 which seem to rise year over year. I9 know it's an issue that you care about10 also, and even though we're talking about11 consolidating, we're actually spending12 more money every year on leases, which13 is, I guess, the opposite of what we talk14 about in our testimony.15 But taking the Aramark building16 in FY12, our General Fund cost is going17 up around 14 percent, or $320,000, and18 our Water Fund cost is going up by almost19 50 percent, or $1.2 million. Can you20 tell us about these cost increases?21 COMMISSIONER SCHLOTTERBECK:22 Sure.23 DEPUTY COMMISSIONER HERZINS:24 Councilman, as far as the Water Fund25 65 4/12/11 - WHOLE - BILL 1101371 increase, we received a request from the2 Water Department. They plan to renovate3 over a period of time their space on the4 floor, as well as they received some5 grant money to hire some additional6 people. So they may also need additional7 space rented in the building.8
And why do9 we choose to do renovations in that10 building versus consolidating them into11 some other City-owned facility elsewhere12 that exists? I mean, there is space in13 City-owned buildings if you consolidate14 departments off different floors, move15 things together. Testimony has been in16 previous years that a study was being17 done to look at available space at MSB18 and One Parkway and City Hall, in the19 triplex and other places, and I think20 that report should have been done well21 over a year ago based on -- because we22 talked about this in 2008 and 2009, and23 it doesn't seem to me that we're doing24 that kind of consolidation within those25 66 4/12/11 - WHOLE - BILL 1101371 buildings that would free up space, which2 would allow us to not spend money outside3 of facilities that we control.4 DEPUTY COMMISSIONER HERZINS:5 Actually, Councilman, we continue to6 consolidate space in those two buildings.7 Last year a big project we completed was8 consolidating the Commerce Department,9 the Office of Economic Opportunity and10 PCDC. PCDC used to be in leased space at11 the Packard building, and OEO was in MSB.12 We plan to backfill the space in MSB with13 other agencies from One Parkway.14 We are consolidating. We have15 a plan to try to, when leases come up to16 term, to see if there is a possibility in17 fact to consolidate into either MSB or --18
If that's19 our plan, why spend money in a building20 outfitting or expanding space rather than21 sort of making people fit into a space22 that they're in so that we can terminate23 that lease when the time comes?24 DEPUTY COMMISSIONER HERZINS:25 67 4/12/11 - WHOLE - BILL 1101371 The footprint of the Water Department2 could not fit into either of the two3 buildings, the amount of vacant space4 there is.5
What are we6 paying in those buildings per square7 foot?8 DEPUTY COMMISSIONER HERZINS:9 In Aramark it is roughly between $13 and10 $14 a square foot, plus operating costs.11
So it's12 triple net?13 DEPUTY COMMISSIONER HERZINS:14 Yes.15
Does that16 explain the increase in rent?17 DEPUTY COMMISSIONER HERZINS:18 Yes.19 COUNCILWOMAN TASCO:20 Councilman --21
And the 9.922 percent property tax increase?23 DEPUTY COMMISSIONER HERZINS:24 Right.25 68 4/12/11 - WHOLE - BILL 1101371
You can4 come back. We're not timing you, but I5 think you met your time limit right now.6 The Chair recognizes Councilman7 Clarke.8
Thank you,9 Madam Chair.10 Good morning.11 COMMISSIONER SCHLOTTERBECK:12 Good morning.13
I got14 actually a couple of quick ones.15 In your testimony you talked16 about the energy cost savings working17 with the department -- well, actually,18 the Mayor's Office of Utilities and19 Transportation. Actually, I think this20 Thursday City Council will be approving21 the appointees to the Energy Authority,22 and one of the things that we will be23 asking the Energy Authority to look at is24 alternative energy sources and25 69 4/12/11 - WHOLE - BILL 1101371 opportunities. Right now under state law2 we are restricted to as a municipality of3 only providing direct energy to and for a4 publicly owned facility or operation, but5 this Energy Authority we think will give6 us an opportunity to very aggressively7 look at other opportunities simply beyond8 certain cost saving measures provided by9 PECO or some of the other existing10 providers. One of the thoughts that we11 had was creating an opportunity given the12 fact that the Energy Authority affords us13 an opportunity to enter into contracts14 five years and beyond that may be more15 attractive to a provider. Say, for an16 example, if we looked at some of the17 larger municipally owned facilities such18 as MSB, Criminal Justice Center, those19 types of facilities, and we enter into a20 10, 15-year contract with a provider who21 was going to place solar panels on the22 roofs of those buildings, therefore23 providing direct energy where we can24 essentially eliminate any cost as it25 70 4/12/11 - WHOLE - BILL 1101371 relates to PECO or any other provider,2 with the exception of a situation where3 there is some breakage, kind of converse4 what Temple does, because Temple and some5 other universities I understand have6 generators on site in the event that7 there's a break in power source, they can8 kick in. So we're looking at just the9 opposite.10 Are you all having those kind11 of conversations to the degree that I12 think we should be?13
Yeah. Andrew14 Stober from the Mayor's Office of15 Transportation and Utilities.16 Councilman, we absolutely are,17 and I think the Energy Authority and the18 City will be well positioned to work19 together. Already the Water Department20 has installed one -- what you're21 describing is called behind-the-meter22 facility -- at the Southeast Wastewater23 Control Treatment Plant using a24 combination of capital funds in that25 71 4/12/11 - WHOLE - BILL 1101371 instance and stimulus funds, a solar2 facility that's going to provide power3 for the blowers at that facility.4 We currently -- there's an RFP5 that's been awarded for a cogeneration6 facility at the Northeast plant, and I7 think we're going to be well positioned8 to take advantage of those kinds of9 options.10
Will the11 terms of that contract be beyond the12 five-year limitation?13
I'm not sure if on17 that specific agreement we'll want to18 move more quickly and bring that to19 Council before the Authority has all of20 its bylaws or not, but certainly the21 Authority will be well positioned to take22 advantage of those kinds of23 opportunities.24
Because I25 72 4/12/11 - WHOLE - BILL 1101371 know when I talked to Lance, I know it2 was something that they said that they3 may need to move relatively quickly --4
But this is8 exactly one of the benefits, important9 benefits, of an Authority.10
Right. And11 we're going to also looking at -- I know12 Council, we approved -- we adopted a13 resolution that approved actually Council14 to do an RFP for alternative energy15 opportunities, and we're looking at the16 hydro, where you place the devices or the17 machinery in the water, in the river, and18 actually the flow of the river actually19 generates electricity, those kinds of20 things.21
There are a wide22 range of alternative energy23 opportunities, and having this Authority24 in place will create an opportunity for25 73 4/12/11 - WHOLE - BILL 1101371 us to look at all of them.2
Not to3 belabor the point, will we also be4 looking at -- I know there's a timeframe5 associated with us implementing this --6 some of the smaller facilities, like some7 of the rec centers, the big rec8 centers --9
Yeah. And you can13 look at them regardless of the size of14 the facility and see if the numbers make15 sense for -- so as you described, a power16 purchase agreement for solar or another17 kind of alternative energy.18
Okay.19 Thank you. I'm glad to see we're going20 down that path.21 On the sale of properties --22 and I know Councilwoman Tasco talked23 earlier about some of the challenges24 relating to appraisals. I'm a little25 74 4/12/11 - WHOLE - BILL 1101371 more -- and I know that Mr. Abernathy is2 probably going to jump up here in a3 minute -- a little concerned about the4 inconsistency in criteria for5 disposition/acquisition of the6 properties, and I know that was one of7 the main things that we're going to be8 focusing on. But in the shorter term,9 Public Property has put on its website10 available properties, and we've been11 relatively successful, but we also have12 these glitches, like the Spooky Garden13 issue and some of the other issues as it14 relates to our sales where they're not,15 in my view, not being critical, but not16 necessarily the appropriate prohibitions17 or limitations on the reuse of the18 property. Such as, an example, when the19 Redevelopment Authority sells a property,20 they have these redevelopment agreements21 that gives you a timeframe to develop it22 and they give you a list of all the23 things you can and cannot do, and then24 they actually have a default provision25 75 4/12/11 - WHOLE - BILL 1101371 that if you don't do it in that2 timeframe, they take it back.3 Conversely, Public Property4 basically says the highest price, you got5 the property, sign over the deed, thank6 you very much. And I kind of personally7 like something in the middle.8 Given the fact that we had a9 couple of problems, is there any thought10 to changing some of the provisions to put11 a little more teeth in the reuse? Right12 now that's limited to basically what the13 property is zoned, but in a lot of areas,14 if you got a C-2 zoning, it gives you15 wide latitudes in terms of what you can16 do. Can you talk to me about the need or17 the possibility of --18 COMMISSIONER SCHLOTTERBECK:19 Actually, all the agencies, every single20 one of us, have been at the table now21 probably six months going over the issues22 such as the one that Councilwoman Tasco23 and the things that you're bringing up.24 Everything is not going to be perfect, so25 76 4/12/11 - WHOLE - BILL 1101371 we have to put in to the new policy some2 contingencies, some abilities to be a3 little flexible when things don't line4 up.5 As for us, what we're doing6 right now, again, our sales are single7 lots in the middle of rows and we are8 following them closely and they've all9 been developed. We haven't had any10 glitches yet. I don't know that we will,11 but there's always -- like I said,12 there's always that possibility.13 So, I mean, Brian is welcomed14 to come up here, but we're working very15 closely with everyone to try and --16 because we all know what some of the17 glitches have been all too well. I mean,18 sometimes it's our issue directly.19 Sometimes it's an appraisal from RDA20 or -- it goes the whole gamut, so we're21 all working really close to come up with22 one policy.23
Okay. You24 know, we all work together, but, I mean,25 77 4/12/11 - WHOLE - BILL 1101371 the timeline on the broader policy seems2 to go on forever. I'm not being3 critical, but at some point -- but in the4 short term, I'm more concerned about the5 public property, because we have a lot of6 property in our district and we're7 working with you and I would -- couldn't8 you possibly come up with some interim9 strategy in terms of reuse of the10 property?11 COMMISSIONER SCHLOTTERBECK: I12 mean, we can talk about it.13
I'm just14 saying --15 COMMISSIONER SCHLOTTERBECK:16 Yeah. We can talk about it.17
Because I18 got a couple now that are coming down the19 pike and it's timeline, reuse, community20 notification, those kind of things.21 COMMISSIONER SCHLOTTERBECK:22 Okay.23
I don't24 think we should have to wait until we25 78 4/12/11 - WHOLE - BILL 1101371 finish the broader.2
I was going9 to keep talking until you came up here.10
We understand.11 Those issues that you just raised,12 timeline, community notice, use of the13 property, all of those things we are14 looking to make uniform across the15 agencies. And you're absolutely right,16 the timeline for the finish of this17 policy has been pushed out, and I'm not18 going to deny that. The complexities of19 the issue are significant, and personally20 I'd rather get it right than get it done21 fast. I'm trying to do both and balance22 both. But to get it right has taken more23 time than I think any of us expected, and24 certainly hopefully within the next few25 79 4/12/11 - WHOLE - BILL 1101371 weeks, we'll be bringing that back to2 Council and having more in-depth3 conversation about some of the more4 specifics.5
Well, I6 hear what you're saying, you want to get7 it right as opposed to expediting the8 process, but the reality is is that we're9 still disposing properties and we're10 getting it wrong and we're, one, not11 selling properties because the policy is12 wrong, but, two, we're selling properties13 to people that haven't been adequately14 appraised that are under these various15 criteria.16 So I'm saying, I understand you17 want to be 100 percent correct, but18 meanwhile, people are --19
It would be22 one thing if you said a moratorium, we're23 not doing anything until we get it right.24
Well, we25 80 4/12/11 - WHOLE - BILL 1101371 haven't set a moratorium. We are2 still --3
No. I'm4 just saying if you said that, We're going5 to impose a moratorium on sales until we6 get it right, but you're continuing to7 move with the disposition.8
We've9 maintained the policies that were in10 place as we're developing the current11 policies. And as we have consistency,12 we've tried to implement certain13 policies. For example, the VPRC backlog14 we've started to work on and tried to15 move those properties out as quickly as16 possible.17 But your point is taken, and I18 think we'll need to more fully explore19 it, especially if our timeline gets20 pushed back anymore. We need to resolve21 this, and the sooner, the better. We22 understand.23
Okay. I24 mean, I actually don't think -- again,25 81 4/12/11 - WHOLE - BILL 1101371 it's not part of my direct2 responsibility, but I just don't see why3 we don't just say this is the policy and4 move on.5
If7 everybody will adopt this policy.8 Sometimes you can over-think things. I9 mean, at one point we did have a policy10 and then we got into the aggressive11 property disposition issue and then12 everybody kind of established their own13 criteria, I think, 10, 15 years ago.14 All right. Well, I'm not going15 to ask you when you think we'll be there,16 because I'm sure you don't have an17 answer, but at some point we still have18 challenges with these appraisals.19
All right.22 Okay.23 Thank you, Madam President.24 COUNCIL PRESIDENT VERNA:25 82 4/12/11 - WHOLE - BILL 1101371 You're welcome.2 The Chair recognizes Councilman3 Jones.4
Thank you,5 Madam President.6 Still good morning. How are7 you?8 COMMISSIONER SCHLOTTERBECK:9 Good morning. I'm good. Thanks.10
I have,11 along with my colleagues, introduced Bill12 No. 110143 and corresponding Resolution13 100848, which deals with the concept of14 cost-benefit analysis as it relates to15 contracting out. In light of that, I16 want to ask a couple of questions.17 At the height of your18 department, how many employees did you19 have and what were some of their20 functions?21 COMMISSIONER SCHLOTTERBECK: I22 just looked at Charlie McPherson. I23 wanted him to go back in time with me.24 I would say it could have been25 83 4/12/11 - WHOLE - BILL 1101371 as high as a couple of thousand at one2 point. It was really high initially. In3 the '50s and '60s it started to dwindle.4
You weren't5 around then, so -- okay. So --6 COMMISSIONER SCHLOTTERBECK: I7 was around, but I wasn't working.8
I want to9 clearly say that for the record.10 But during those times, what11 were some of the functions by way of12 Public Property?13 COMMISSIONER SCHLOTTERBECK:14 Public Property at that time then would15 have included Historical Commission, Art16 Commission, Labor Standards, Fleet. In17 other words, there was a lot of spinoff18 over the years.19
So "spinoff"20 meaning went to other departments?21 COMMISSIONER SCHLOTTERBECK:22 Decentralization.23 COUNCILMAN JONES:24 Decentralization. But what about the25 84 4/12/11 - WHOLE - BILL 1101371 function of property management,2 construction, repair? Focus in on that3 aspect of your duties. What was that4 unit's complement of employees at its5 height, rough guess?6 COMMISSIONER SCHLOTTERBECK:7 I --8
What about9 under your time?10 COMMISSIONER SCHLOTTERBECK: I11 actually did have it at one time. In my12 time? I've always pretty much been at13 the end of the -- do you have any14 numbers? I have it somewhere.15
So could you16 describe was -- would you describe some17 of the maintenance and construction18 functions that were under you? Like I19 know you put up stages.20 COMMISSIONER SCHLOTTERBECK:21 One of the things that happened once I22 became Facilities Director before23 Commissioner, two things that were spun24 off as part of decentralization was the25 85 4/12/11 - WHOLE - BILL 1101371 maintenance of Police and Fire2 facilities. They actually had small3 units in each of those operations. We4 took those back. They're now back in5 Public Property. The staffing was6 transferred and funding. Basically the7 responsibilities to operate, maintain and8 improve facilities has always stayed with9 the Department of Public Property.10
And how many11 facilities are we talking about? What is12 that universe?13 COMMISSIONER SCHLOTTERBECK: We14 had 150.15
And that16 includes recreation departments?17 COMMISSIONER SCHLOTTERBECK:18 No.19
So23 Recreation had its own maintenance24 facility?25 86 4/12/11 - WHOLE - BILL 1101371 COMMISSIONER SCHLOTTERBECK:2 Recreation, Fairmount Park always3 maintained, libraries always on their4 own.5
So between6 those two functions for the City, we're7 talking about a large contingent of folk,8 and over time you've reduced down in your9 department to what?10 COMMISSIONER SCHLOTTERBECK:11 There's 129 people in my department.12
For 15013 facilities? Which do not include14 Recreation Department facilities,15 libraries and the like?16 COMMISSIONER SCHLOTTERBECK:17 Correct.18 DEPUTY COMMISSIONER PALANTINO:19 Councilman Jones, this is Deputy20 Commissioner Joe Palantino. I can give21 you some stats of what you're looking at.22
I would23 appreciate giving that to the Chair.24 DEPUTY COMMISSIONER PALANTINO:25 87 4/12/11 - WHOLE - BILL 1101371 Oh, okay.2
And sharing3 it with Council.4 DEPUTY COMMISSIONER PALANTINO:5 Okay.6
I get to7 that to say cost-benefit analysis. Over8 time how much of those internal9 activities have been subcontracted or10 contracted out?11 COMMISSIONER SCHLOTTERBECK: So12 at the beginning of the Rendell13 Administration, the first contracting14 initiative which affected civil servants15 was the custodial privatization of City16 Hall. When the Municipal Services17 Building was closed down and rehabbed,18 there's contract maintenance over there.19 That's the triplex. Every one of those20 buildings privately contracted for those21 services. So we've had that happen.22 That's about it. And then we have23 internal contracts to support our staff,24 certifications of fire systems,25 88 4/12/11 - WHOLE - BILL 1101371 elevators, pest controls. We don't, nor2 did we ever, do it all. We always had3 supplemental contracts.4
So typically5 when a Police Department's bathroom goes6 out of whack, smaller jobs, do you still7 do those?8 COMMISSIONER SCHLOTTERBECK:9 Yes, we do.10
At what11 point is the threshold where you consider12 contracting out, and what analysis drives13 you towards that?14 COMMISSIONER SCHLOTTERBECK: So15 basically I actually had this16 conversation preparing for this very17 hearing, and the answer that I gave --18 and it is the best answer I can give --19 is that depending on what the situation20 is. So if we're in a crisis mode, we're21 responding to an emergency, it's22 affecting the police officers' abilities23 to perform their job and I don't have a24 plumber around, I'm going to have to go25 89 4/12/11 - WHOLE - BILL 1101371 to a contractor. But if we can plan and2 we can foresee, we take the smaller jobs3 with our Construction Unit and we do them4 in-house.5
What's the6 size of your Construction Unit?7 COMMISSIONER SCHLOTTERBECK:8 Six people.9
Six people10 for how many buildings?11 COMMISSIONER SCHLOTTERBECK:12 It's -- we -- yes, it's not enough. We13 would like to have more.14
Okay. I had15 to drag that out of you. For the record,16 the Administration listening, she did not17 do that of our own free will to say that.18 What I want to go to is, is it19 safe to say that there was a point in20 time in government where we considered21 doing these type of maintenance on22 recreation centers, which are not your23 department, I got that, libraries, Police24 and Fire facilities internally more than25 90 4/12/11 - WHOLE - BILL 1101371 externally for smaller jobs? We did it2 in-house?3 COMMISSIONER SCHLOTTERBECK:4 Well, actually we still do do it. To the5 extent that we can and we have the6 resources and I have contracts in place7 to buy materials, we still do it. We8 haven't abandoned the idea of doing it.9 We just --10
My question11 becomes, what I'm getting to is, at what12 point does the City, not just you -- and13 I know you have to work within the14 construct of what management says that is15 above you -- do we analyze that we at16 some point took a left turn and said that17 subcontracting to the private sector was18 good? And "good" meant cost effective,19 "good" meant efficient, "good" meant20 those kinds of buzz words. But where is21 the supporting data that has analyzed22 that over time to make that a true23 statement, to verify the fact that we are24 saving money to do that? I don't think25 91 4/12/11 - WHOLE - BILL 1101371 we've done that, and that's what this2 bill calls for. And I don't know how3 you're going to answer that, but...4 COMMISSIONER SCHLOTTERBECK:5 Well, actually we do do it.6
Tell me how7 you do it.8 COMMISSIONER SCHLOTTERBECK:9 Because we know the union wage out there10 for certain things. It's not -- I mean,11 there are standards. We're both members12 of BOMA. We do analyze that. Joe has13 spent time looking at things like that14 because --15
So there is16 a formula that you can present to this17 Council?18 COMMISSIONER SCHLOTTERBECK: I19 wouldn't call it a formula. I would call20 it basically that we do have that21 discussion in my department. If we do22 this in-house, how does it help the23 Capital Project team, what can we take24 away from them. If we go to the police25 92 4/12/11 - WHOLE - BILL 1101371 station and work on a small renovation2 inside, what does that do. We do -- Joe3 has numbers. We can send it. I wouldn't4 want to represent it that it's every5 Monday morning we sit and go through this6 kind of a dialogue, but we do do it.7
I know in8 the private-private sector there is a9 concept called dumping, and what that10 does is basically, generically speaking,11 is that they do a thing and put product12 on a market and usually undervalue it,13 sell it cheap, until they drive away the14 competition, and then at that point, they15 begin to steadily increase price.16 Monopolies do it in order to recoup what17 they did to drive away their competition.18 Over time when we start talking19 about the cost of an ink pen to the cost20 of new construction, people tend to drive21 prices up. Having a procurement22 background in another life, there was the23 concept that it is easy to put another24 20, 25, 30 percent on City jobs because25 93 4/12/11 - WHOLE - BILL 1101371 of issues they say of slow pay. No2 problem from you, but from our3 departments, our treasury departments.4 They build that cost in.5 I think it's time with our6 budget choices that we're making to take7 a look and revisit whether or not it's8 better to hire an extra person in your9 department or extra ten people to do a10 specific category and type of work versus11 automatically subcontracting or12 contracting it out. I'm from Missouri13 today. Show me. And I'm going to ask14 that through this bill and this15 resolution that we take a look at and16 revisit that.17 If indeed what you or other18 departments suggest is true, that it is19 cheaper to do it that way, so be it. But20 if not, we're going to have to take a21 look at whether or not we're being penny22 wise, yet pound foolish. And that's my23 driving point in this.24 I'm going to yield and then I'm25 94 4/12/11 - WHOLE - BILL 1101371 going to come back for some more2 questions. If my colleagues have none,3 I'll pick back up.4
Thank5 you.6 The Chair recognizes Councilman7 Green.8
Thank you,9 Madam Chair.10 In last year's budget hearings,11 you and the Budget Office made a strong12 case for investing in a new five-person13 maintenance assessment team that would,14 quote -- and this was written in a letter15 to President Verna on 4/29/10 --16 identify, coordinate and prioritize all17 infrastructure, capital and maintenance18 issues, end quote. We supported this19 initiative and did not include it in the20 list of proposed budget cuts.21 The detail indicates that the22 five positions were not filled and are23 not included in the proposed FY12 budget.24 How is the Department pursuing this work25 95 4/12/11 - WHOLE - BILL 1101371 without the team?2 COMMISSIONER SCHLOTTERBECK:3 There is a correction that we have to do4 to the budget. There is the funding for5 two assessment people. Not five, but6 two. We are working with -- the whole7 shift in thinking was, we wanted to be8 able to have the job order/work order9 complement. We wanted to be able to have10 some technology. We wanted to be able to11 take these people, get them off the12 ground running.13 So we have every intention of14 hiring two.15
And that's16 not in the budget yet?17 COMMISSIONER SCHLOTTERBECK:18 The funding is still there. We have19 to -- we're going to hire them probably20 in the summer.21 DEPUTY COMMISSIONER KNAPPICK:22 Councilman, Deputy Commissioner Gary23 Knappick.24 We've looked at that. Really25 96 4/12/11 - WHOLE - BILL 1101371 the driver on proceeding with asset2 management is the technology. We've been3 working with the Department of Technology4 to try to identify when we can, within5 their prioritization, fit us in to6 procure that technology.7 Secondly, I think because of8 the magnitude of --9
Sir, when10 you talk about technology, is that a job11 order entry system or is that --12 DEPUTY COMMISSIONER KNAPPICK:13 No. The job --14
-- a15 facilities management technology?16 DEPUTY COMMISSIONER KNAPPICK:17 Asset management technology. The job18 order contracting technology we'll be19 bringing now. We have that working.20
So we've21 discussed asset management technology and22 the fact that there's commercial23 off-the-shelf software available for24 property management --25 97 4/12/11 - WHOLE - BILL 1101371 DEPUTY COMMISSIONER KNAPPICK:2 That's correct.3
-- at4 previous budget hearings. Have we5 considered simply issuing an RFP for6 software companies to come and present?7 DEPUTY COMMISSIONER KNAPPICK:8 I believe that's being considered by the9 Department of Technology right now within10 their prioritization of the things that11 they have to do. It's certainly --12 they're certainly out there and13 available.14
I mean,15 private companies use commercial16 off-the-shelf software to manage all17 their properties, including costs,18 maintenance needs, et cetera, all the19 time.20 DEPUTY COMMISSIONER KNAPPICK:21 That's correct, Councilman.22
And we don't23 yet?24 DEPUTY COMMISSIONER KNAPPICK:25 98 4/12/11 - WHOLE - BILL 1101371 Not yet, sir.2
If I could just3 add one thing to that response. As Gary4 said, this is part of the prioritization5 process, and we also want to make sure6 that if there's an asset management7 system that benefits Public Property,8 that it also could benefit some other9 departments in the City as well, so that10 the investment is the right one for the11 entire City. But that will be part of12 the prioritization process that we will13 get information to you on in the next few14 weeks.15
So when you16 say it's part of the process, you mean it17 hasn't been decided where it is within18 the priorities of DOT or planned, I19 assume -- would this be capital spending?20
Right. This21 would be capital spending. So it would22 be part of the $121 million capital23 spend. So the prioritization process is24 looking at all of the technology needs25 99 4/12/11 - WHOLE - BILL 1101371 across the City and seeing what's2 available to be funded with the $1213 million. So this is something that we4 feel obviously is important, but it needs5 to be looked at as part of the overall6 what are the technology needs of the7 City, and that's what the prioritization8 process is, and that's what we'll be9 getting information to you on. I think10 we talked about it on the capital side.11
Thank you.12 In his budget address, the Mayor said,13 quote, We'll find new savings by creating14 a task force to examine all City15 facilities and assets, determining where16 we can consolidate and which ones we no17 longer need.18 There wasn't any reference to19 the task force in the Capital Program20 document or testimony or in your21 testimony. What role is the Department22 of Public Property going to play in the23 work of the task force?24 COMMISSIONER SCHLOTTERBECK: I25 100 4/12/11 - WHOLE - BILL 1101371 actually participated in a meeting that2 the Mayor chaired, and we have submitted3 information as requested by the Managing4 Director, and I'm anticipating another5 meeting. They were asking for detailed6 leasing information and things like that,7 so we gave it to them, and I'm8 anticipating that he'll be chairing9 another meeting. So we are playing an10 important role.11
So in12 response to my question about leases13 outside the City and outside our14 buildings and other things, an answer15 could have been that's one of the things16 the task force is going to look at and17 make recommendations on?18 COMMISSIONER SCHLOTTERBECK:19 Yes, they will. Yes.20
You21 testified that the Department is working22 with DOT to develop a capital asset23 management model.24 COMMISSIONER SCHLOTTERBECK:25 101 4/12/11 - WHOLE - BILL 1101371 Yes.2
Sorry. I3 sort of asked that question.4 Last year -- we have -- I have5 a bunch of questions about unfilled6 positions. You don't have many, but you7 don't have a vacancy allowance either,8 and so I'm wondering from a fiscal9 standpoint, this indicates that all10 budgeted positions will be filled the11 entire fiscal year, and that doesn't seem12 realistic or likely.13 COMMISSIONER SCHLOTTERBECK:14 Well, every department has some form of15 attrition. Sometimes we know it's coming16 and a lot of times we don't. And my17 department is one of the ones that often18 I don't.19
So what's20 your usual attrition rate?21 COMMISSIONER SCHLOTTERBECK: I22 don't know that I know that off the top23 of my head.24
If you could25 102 4/12/11 - WHOLE - BILL 1101371 provide that to the Chair.2 COMMISSIONER SCHLOTTERBECK:3 Sure.4
Do you have5 tests and lists -- do you have lists6 available for every position that --7 COMMISSIONER SCHLOTTERBECK:8 Yes.9
-- could10 come vacant this year?11 COMMISSIONER SCHLOTTERBECK:12 Yes. Well, I don't know about every13 position. Often what I do when I know14 that something is becoming vacant, I make15 sure it's the right position, and16 sometimes the delay in filling is a17 direct result of my decision, that maybe18 I really don't need another architect or19 maybe I don't need another plumber, but I20 really need some more HVAC mechanics. So21 sometimes you have to make those tough22 decisions.23
That's24 great. I guess my point is, there should25 103 4/12/11 - WHOLE - BILL 1101371 be some vacancy allowance in your budget,2 shouldn't there? Because the way the3 budget is presented, every position is4 filled for the entire 12 months of the5 fiscal year.6 COMMISSIONER SCHLOTTERBECK: We7 do know that people will be leaving.8 There is some automatic built-in9 contingency.10
Well,11 every -- I don't want to say "every," but12 the departments we've looked at so far13 have all had something called vacancy14 allowance, which is subtracted from Class15 100, taking into account the usual16 attrition vacancy rate of four percent17 roughly for most departments and the18 current vacancies in the departments sort19 of as the normalized norm. Your20 department doesn't have that. So if you21 could please provide the Chair what you22 think the vacancy rate will be for your23 department or what you think should be24 the appropriate vacancy allowance for25 104 4/12/11 - WHOLE - BILL 1101371 your department so that we can build that2 into the budget, I would appreciate it.3 COMMISSIONER SCHLOTTERBECK:4 Okay.5
Thank8 you.9 The Chair recognizes Councilman10 Rizzo.11
Thanks,12 Madam Chair.13 Commissioner, we had this14 conversation, but sometimes things fall15 between the cracks and especially in16 government where you rent a piece of17 equipment and you expect to rent it for a18 month and you wind up putting it off to19 the side and paying for it for six20 months, eight months. It leads me to21 something that every time I drive by --22 and I'm not sure it's still there because23 I haven't been by this week. My luck, it24 would have been removed yesterday.25 105 4/12/11 - WHOLE - BILL 1101371 At the Fire headquarters,2 there's a rental generator that's been3 there for months and months and months.4 Why don't we, if we need a generator, put5 a generator in? I imagine that's not a6 cheap ticket, and I just out of curiosity7 would appreciate somebody providing to8 the Chair how long it's been there, how9 much we pay monthly for that generator.10 I think there's two of them, matter of11 fact.12 So could somebody and I13 can't -- we can't expect you to pull all14 this stuff out of the air.15 COMMISSIONER SCHLOTTERBECK: We16 can submit it.17
But can18 somebody just tell me about this19 generator? I understand it was there for20 renovations. That was the word that was21 used.22 DEPUTY COMMISSIONER KNAPPICK:23 Councilman, that was part of a full-load24 generator project that we've undertaken25 106 4/12/11 - WHOLE - BILL 1101371 around the City for emergency facilities.2 The situation at the Fire Administration3 building was such that the generators4 that were there could not provide full5 service to the facility. In other words,6 the air conditioning system, et cetera,7 would go in the event of a big emergency.8 So we brought in the new9 generators, sized them up, and there was10 a paralleling gear, because there were11 two generators, that were supposed to12 work in sequence and come online as they13 were needed. Pretty sophisticated piece14 of equipment. And unfortunately there15 was a leak that happened in the patio,16 which just happened to be right over the17 paralleling gear, which created a18 problem, which extended our need for19 those generators on the site. So that20 was -- those generators were there21 temporarily to service the facility in22 the event that there was a problem and to23 be able to make power transfers during24 testing.25 107 4/12/11 - WHOLE - BILL 1101371
No need to2 send me that info. That's the kind of3 answer, straight problem, we understand4 things don't happen perfectly all the5 time. But I can imagine that we'd like6 to get rid of that rental equipment as7 quickly as possible.8 DEPUTY COMMISSIONER KNAPPICK:9 It is -- the generators are working.10 They've been commissioned, and that has11 been removed.12
Good. Those13 generators are gone?14 DEPUTY COMMISSIONER KNAPPICK:15 Yes.16
How long17 ago?18 COMMISSIONER SCHLOTTERBECK:19 Yesterday.20
Now you know21 why she's Commissioner.22 DEPUTY COMMISSIONER KNAPPICK:23 I know. All the time.24
Thanks.25 108 4/12/11 - WHOLE - BILL 1101371 Thanks, Madam Chair.2 COUNCIL PRESIDENT VERNA:3 You're welcome.4 The Chair recognizes Councilman5 Jones.6
Thank you,7 Madam President.8 Just an update on how we're9 doing with publicly owned property that10 we deal with with SEPTA. How are we11 doing on the renovations of those12 stations? Can you give us an insight to13 that and the concourse work or the study?14 Not exactly work.15 COMMISSIONER SCHLOTTERBECK: I16 really -- I'm not prepared to answer17 questions about SEPTA station18 renovations. That would be probably more19 appropriately addressed to them when they20 get here, Councilman. But the concourse,21 we're still in the partnership with SEPTA22 and Center City District.23
You've given24 me a briefing. I just wanted to know25 109 4/12/11 - WHOLE - BILL 1101371 have we gotten any further on that study2 as to what we can do down in the3 concourse?4 COMMISSIONER SCHLOTTERBECK:5 Actually, we did -- we are still working6 on that. We don't have a timeframe.7 Andrew was up speaking to questions that8 were brought up from Councilman Green.9 So, yes, we are still working on it.10
Okay. So11 SEPTA might be able to give us an update12 on that.13 Do you do work out of the Water14 Fund at all?15 COMMISSIONER SCHLOTTERBECK:16 Well, we're funded for in our rent17 account. So, yeah, we do -- it's their18 money, but it's in our budget. They pay19 their own rent and their own -- they pay20 their way.21
Do you do22 renovations for them?23 COMMISSIONER SCHLOTTERBECK: We24 coordinate the work through the25 110 4/12/11 - WHOLE - BILL 1101371 management firm for them, yes.2
What does3 that mean? Is that a contract?4 COMMISSIONER SCHLOTTERBECK:5 They're funding -- it gets funded through6 the rent account. So they're doing some7 renovations right now. John had talked8 about it earlier.9
What type of10 renovations are there?11 COMMISSIONER SCHLOTTERBECK:12 They're hiring more people, so they need13 additional space and they're going to14 upgrade areas that are in need of it.15 That lease has been in place since 1981.16
What do I17 see, 67 space planning projects? Is that18 what you're talking about, and who owns19 that facility?20 COMMISSIONER SCHLOTTERBECK:21 Girard.22 DEPUTY COMMISSIONER HERZINS:23 Girard Trust, Councilman.24
Can you25 111 4/12/11 - WHOLE - BILL 1101371 speak in the mike?2 DEPUTY COMMISSIONER HERZINS:3 Councilman, Girard Trust owns 1101 Market4 Street building.5
And how much6 is the total cost of the renovations?7 DEPUTY COMMISSIONER HERZINS:8 We're still actually in the stages of9 drafting an RFP to see for the design10 work.11
Are we12 talking work stations?13 DEPUTY COMMISSIONER HERZINS:14 Yes.15
Isn't that16 the kind of work that kind of we could17 have done in-house? Was it too large?18 DEPUTY COMMISSIONER HERZINS:19 All the furniture in the system -- in the20 building on those floors are almost 3021 years old. So they're all going to have22 to be replaced. And the type of systems23 that were used at the time no longer24 conform to our space standard. And we25 112 4/12/11 - WHOLE - BILL 1101371 don't do work in rented buildings.2
Public3 Property doesn't?4 DEPUTY COMMISSIONER HERZINS:5 Right.6
So all of7 our rental space is done through8 contracting out?9 DEPUTY COMMISSIONER HERZINS:10 It's done through the lease.11
Through the12 lease, okay.13 Where are we with -- well, I'll14 yield on that.15 Thank you, Madam President.16 COUNCIL PRESIDENT VERNA:17 You're welcome.18 Are there any other questions19 from members of the Committee?20 (No response.)21
Thank22 you very much.23 COMMISSIONER SCHLOTTERBECK:24 You're welcome.25 113 4/12/11 - WHOLE - BILL 1101371
Let2 me tell you something, I congratulate all3 of you.4 COMMISSIONER SCHLOTTERBECK:5 Thank you.6
I7 just remember when Public Property had8 ample amount of employees to do the job.9 I don't know how you're managing, but10 whatever you're doing, let me say11 congratulations.12 COMMISSIONER SCHLOTTERBECK:13 Well, I mean, these guys do a great job14 and the staff. We're just a bunch of15 dedicated folks, to be perfectly honest,16 and we do the best we can.17 COUNCIL PRESIDENT VERNA:18 That's quite obvious.19 COMMISSIONER SCHLOTTERBECK:20 Thank you.21 COUNCIL PRESIDENT VERNA:22 You're welcome.23 MR. McPHERSON: Fleet24 Management.25 114 4/12/11 - WHOLE - BILL 1101371 (Witnesses approached witness2 table.)3
Good4 morning. As usual, you've been extremely5 patient. Thank you.6
Thank you so much.7 COUNCIL PRESIDENT VERNA:8 Please identify yourself for the record9 and proceed with your testimony.10
12 Good morning, President Verna13 and distinguished members of City14 Council. 16 Thank you for the opportunity to present17 testimony in support of the FY 201218 Operating Budget request for the Office19 of Fleet Management. 25 115 4/12/11 - WHOLE - BILL 1101371 The breakdown of the funding is2 as follows: $15,824,382 in Class 100;3 $9,364,396 in Class 200; and $28,463,2114 in Class 300 and 400. Class 200 funding5 has increased by a net of $3,256,000, an6 increase of $3,500,000 for the lease7 payment of vehicle financing and a8 reduction of 244,000 in vehicle washing9 and heavy equipment repairs. 14 Mission statement: OFM is15 responsible for the centralized16 formulation, coordination and execution17 of policies concerning the acquisition,18 assignment, utilization and maintenance19 of all City-owned vehicles. OFM's goal20 is to increase availability, improve21 safety and ensure reliable and safe22 vehicles. 4 Department efficiencies:5 Vehicle availability: OFM explains its6 mission as consistently providing safe7 and reliable vehicles and equipment to8 operating departments. 14 Fleet auction and revenue15 generation: In FY 2011, OFM has16 continued the strategy of Internet17 auctions for vehicle relinquishment and18 to generate revenue. Internet auctions19 attract a large amount of potential20 customers and thus increase auction21 revenue. 2 Fleet Vehicle Inventory Control3 System, our FVICS: In 2010, OFM4 developed a customized computer program5 addressing the quality and quantity of6 vehicle repairs. 9 Departmental accomplishments:10 Cost savings: In FY 2004, OFM advocated11 to substitute the more fuel-efficient V612 engine Chevy Impala to replace the use of13 the Ford Crown Victoria V8 engine for14 radio patrol cars. 17 The average purchase price of a Chevy18 Impala was 6,000 less than the average19 price of a Ford Crown Victoria. 3 In today's market price, the FY 2011, the4 City's savings in fuel cost would be5 $2,800,000. 9417 per gallon. 23 Environmental initiatives: OFM24 is committed to supporting the25 119 4/12/11 - WHOLE - BILL 1101371 Administration's environmental2 initiatives. 5 OFM's 2012 bio-diesel fuel target is6 1,080,000 gallons. Currently, OFM7 operates five active bio-diesel fuel8 facilities, and more than 36 percent of9 the City's diesel fuel consumption is now10 five percent bio-diesel. Since FY 2008,11 the City's bio-diesel program increments12 cost has been funded by the Pennsylvania13 Department of Environmental Protection,14 which will continue in FY 2012. As part15 of its environmental initiatives, OFM16 added two more hybrids this year. The17 number of gas and electric hybrid18 vehicles in the City's fleet is now 10619 vehicles. 22 Vehicle financing: Let me take23 this opportunity to thank City Council24 and the Administration for enabling and25 120 4/12/11 - WHOLE - BILL 1101371 approving our Vehicle Lease Purchase2 Program. 6 Through the Lease Purchase Program, OFM7 will acquire approximately 95 vehicles8 and equipment for the Streets Department9 at an estimated cost of $14,561,500,10 approximately 36 vehicles and pieces of11 equipment for the Fire Department at an12 estimated cost of $12,900,000. The13 average life cycle of this equipment and14 vehicles is more than ten years. 22 Fuel Utilization Management23 Environmental System, our FUMES,24 Modernization Program: OFM is now25 121 4/12/11 - WHOLE - BILL 1101371 upgrading the existing 16-year-old FUMES2 technology. This system will enhance3 fuel security. 14 New initiatives for FY 2012:15 High school internship program: Working16 within the existing budget, OFM will17 bring back the high school internship18 program, which allows extending OFM's19 support to the Administration's20 educational initiatives and after-school21 programs. This will also enhance good22 public relations. 2 Electric cars: OFM is now3 studying avenues for the introduction of4 electric cars.
OFM believes that the5 environmental friendly and fuel-efficient6 electric cars will enhance the7 Administration's environmental8 commitment. Recently OFM administered a9 demonstration of the electric car, the10 new Chevy Volt, for City Council and11 other City members. 14 Participation in economic15 opportunity: The Department is committed16 to supporting the Administration's goal17 of 25 percent minority, woman and18 disabled-owned business participation in19 City contracting. 24 This concludes my testimony. 3
Thank4 you. May I just say on my behalf -- and5 I'm sure that all of my colleagues feel6 the same way -- I think you and your7 department do a fantastic job, and I8 wanted to publicly thank you.9
Thank you very10 much, President Verna.11 COUNCIL PRESIDENT VERNA:12 You're welcome.13
We have a14 wonderful staff of people, very15 dedicated, hard-working department, and I16 appreciate all their help and dedication.17
Well,18 with someone like you, I'm sure they feel19 like family.20
Yes. Thank you.21 COUNCIL PRESIDENT VERNA:22 That's how things get accomplished.23 What vehicles will you be24 replacing in Fiscal 2012 and how do you25 124 4/12/11 - WHOLE - BILL 1101371 determine when a vehicle needs to be2 replaced?3
There's different4 types of vehicles. We have a leasing, as5 we just said, vehicle leasing. We're6 going to replace 20 pumpers, 12 medics,7 four ladders --8
This is the Lease11 Purchasing Program that's going to go12 into effect.13
In '12? Well, we16 have 100 police vehicles that we're going17 to replace, some pickup trucks for the18 Streets Department, emergency patrol19 wagons, unmarked police vehicles, plus we20 have this $28 million initiative for21 leasing, which we're going to purchase22 street compactors, I believe it's 6023 compactors, sweepers, mechanical24 sweepers, road tractors, dump trucks,25 125 4/12/11 - WHOLE - BILL 1101371 bucket trucks. As I said earlier, medic2 units, pumpers, ladders, ADA capacity for3 buses for the Recreation Department.4 COUNCIL PRESIDENT VERNA:5 Mr. Muller, on of your budget6 detail, it reflects a saving in regular7 overtime of $458,537. Can you tell us8 how you plan on achieving these savings?9
I'm going to turn10 that over to K. Wilson, my Administrative11 Services Director to my right.12
Good afternoon,16 Madam President and all the members of17 the City Council. My name is K. Wilson,18 Administrative Service Director for19 Office of Fleet Management.20 Our strategy to reduce the21 overtime is mainly because we needed to22 hire more employees on board. Mainly23 because I remember that in FY10, Council24 President, you mention that reducing25 126 4/12/11 - WHOLE - BILL 1101371 overtime and bringing more people into2 board is a good idea. We tried in FY113 to do the same, but due to some reasons,4 we could not bring more people into5 board. But in FY12, we're targeting to6 bring additional employees to the7 department by reducing the overtime.8
Right now we are16 identifying only six, because since our17 target for FY12 is 283 positions General18 Fund, so in General Fund, we are19 identifying six positions.20
So do21 I understand you to say you'll have a22 full complement of employees?23
Do I2 understand you to say that you will have3 a full complement of employees when you4 hire the six?5
Very7 well. That's good to hear.8 Councilman Greenlee.9
First, I14 join the Council President and her praise15 of what you and your department are16 doing.17
Just two20 quick questions. One on the -- it's21 really good news about the fixed fuel22 price. Is that something you've been23 doing before or is this a new initiative?24
We did it in the25 128 4/12/11 - WHOLE - BILL 1101371 past a couple times, and just recently we2 were looking to do it again, but the3 gentleman that we spoke to at Sunoco has4 since retired. He was our inside track5 guy. So right now gas is -- fuel is just6 crazy.7
It's just10 ludicrous, but we're going to try. We're11 still trying to see if we could lock in12 again.13
Okay.14 And on the Internet auction issue, it15 seems like that's going pretty well too,16 right?17
When do19 they have those auctions and how do you20 advertise? How do people know about it?21
It's roughly every22 month. You just go online at23 govdeals.com with Procurement. But I24 believe there's another vendor that's25 129 4/12/11 - WHOLE - BILL 1101371 going to take over starting July 1st.2 That's all done through the Internet3 auction.4 We're having people coming up5 from Alabama, from Florida. It's6 amazing. And it gives everybody a fair7 chance. Not like before where I could8 talk to you and you let me get this9 vehicle and I'll let you get the next10 one. Now everything is right online and11 you get a chance to bid just like12 everybody else.13 COUNCILMAN GREENLEE:14 Transparent, like everybody wants to talk15 about, right?16
Thank22 you, Madam President.23 COUNCIL PRESIDENT VERNA:24 You're welcome.25 130 4/12/11 - WHOLE - BILL 1101371 The Chair recognizes Councilman2 Rizzo.3
Thank you,4 Madam Chair.5 Again, I echo the good work6 that you do, and matter of fact, I've7 talked to some other municipalities8 around the country. I gave them your9 idea about that purchase of fuel, and10 they thanked me on numerous occasions.11 So you were ahead of the game there.12 The other thing that I want to13 mention is that during this terrible14 weather that we had this winter, that15 Fleet Management really stepped up. And16 I've talked to again all the operating17 departments that just said without your18 crew, they would have really, really been19 in big trouble. A lot of people don't20 realize what you do when it's the worst21 conditions that we can be experiencing.22 So, again, thanks for all you do, and23 you've got a great group of people that24 you work with and feel very close to all25 131 4/12/11 - WHOLE - BILL 1101371 of you. Thanks.2
Thank you. Like I3 said, we're just one cog in the wheel and4 we all work together with the Streets5 Commissioner and my Deputy, Chris Cocci,6 and all the guys. To tell you the truth,7 with all the snow we had, I was amazed.8 I kept saying, Chris, these numbers, they9 can't be right.10 He said, Jim, we're doing11 really good. And I'm just really12 thankful to the people that work for me.13 They're dedicated and do a great job.14
That's a18 good thing. Thanks a lot.19 Thanks, Madam Chair.20
Thank you,23 Madam President.24 Good afternoon, Mr. Muller.25 132 4/12/11 - WHOLE - BILL 1101371
First, I3 congratulate your department on its4 record of business diversity. Your5 numbers look very good. I want to ask a6 couple other contracting questions.7 From your testimony it appears8 that your largest contract is for the9 Vehicle Lease Purchase Program, or what10 is your largest contract expected to be11 for Fiscal Year '12?12
Our largest13 contract for FY12 should be the fuel14 contract, which right now is with the15 Superior Plus Energy.16
Yes. Initially it23 is for one year and after three one-year24 renewal.25 133 4/12/11 - WHOLE - BILL 1101371
Can you9 describe the contract requirements10 briefly?11
And the firm14 that holds the contract, is it a15 certified disadvantaged business?16
At this point we17 are not aware of all that, but our18 department is coming to work with OEO and19 Procurement Department to make sure that20 those portions are upheld.21
I'm saying22 is the firm that holds the contract now,23 is it a certified disadvantaged business?24
Does it do2 any subcontracting with disadvantaged3 businesses?4
Was there a6 participation goal in the RFP for7 disadvantaged businesses?8
It is not written9 in the bid, but as I mentioned, we will10 work with the Procurement and the OEO to11 make sure that necessary portion will be12 included.13
So it was14 not put in the bid; it was not put in the15 contract?16
Okay. Has18 there ever been a participation goal for19 this work for disadvantaged businesses?20
Are there23 subcontracting opportunities within the24 contract?25 135 4/12/11 - WHOLE - BILL 1101371
At present there5 is no subcontract for the fuel delivery.6 That is what I mean.7
I understood12 what you said, that you're going to work13 with the Office of Economic Opportunity14 to create a goal. The question is not15 what the goal should be. The question16 is, you're procuring the service. You17 know what the service is.18
You put it20 out to bid. Someone has the contract,21 whether it's a renewable contract or not.22 Either there are opportunities within23 that contract for businesses owned by24 women and people of color or there are25 136 4/12/11 - WHOLE - BILL 1101371 not, and either you identify them or you2 don't. And if they exist and you don't3 identify them, then that's a problem. If4 you identify them, then they should go5 within the RFP and then you should have6 responses, and you'll see what response7 you get in terms of opportunities that8 will be offered to disadvantaged9 businesses. And then if you select a10 firm that has set a goal and you put it11 in that contract, you hold it to them.12 And then guess what? The next year you13 don't renew the contract unless they've14 met that goal and can explain why they15 haven't met that goal, and then you still16 look for more opportunities. That's the17 way we do this. Not we've never seen18 opportunities there before, so we're not19 going to pursue them. But it's actually20 your job not just to get it cost21 effective, but to make sure we're getting22 total economic benefit from it. It's a23 $20 million contract, right?24
Once this thing2 goes out again, that will be included in3 the RFP.4
Okay. Is5 the firm currently in compliance with the6 City's living wage and benefits standard?7
At this point we8 are not aware of all that, and going9 forward we will evaluate each contract10 and certainly we intend to comply with11 the procedure.12
So the firm13 will be required to be in compliance with14 the City's living wage and benefits15 standard for Fiscal Year '12?16
Thank you,23 Madam Chair.24 There's a line item for parking25 138 4/12/11 - WHOLE - BILL 1101371 charges in the budget. What is that? Is2 that off-street parking?3
Last year5 you testified that the Office of Fleet6 Management took over the off-street7 parking program for City cars and, quote,8 plans to bid out the contract for9 competitive pricing, which will help save10 substantial amounts in coming years, end11 quote.12 In a follow-up letter to the13 Council President on April 15th, 2010,14 you noted that Fleet planned to bid the15 contract in early Calendar Year 2010 and16 expects to save at least 10 to 15 percent17 of the current-year obligation.18 Based on the budget presented,19 the line item went down $7,000, not 10 to20 15 percent, which would be $70,000 to21 $105,000. Can you explain what's22 happened, did you bid out the contract,23 et cetera?24
The Department's25 139 4/12/11 - WHOLE - BILL 1101371 intention was to bid out that parking2 contract. We brought the specification3 in FY10, the end of FY10, and we sent out4 that bid specification to Procurement,5 and they are evaluating that. And there6 was a problem with bidding those contract7 out because the available opportunity out8 there is very specific. Right now we9 realized that. We have agreed with many10 of the parking facilities, and the11 Managing Director's Office is working now12 to consider that and to save more money13 in future.14
Not right now.17 Mainly because if we bid out -- we try to18 do that, and by the time, some of the19 parking facilities came to us to renew20 their contract. So their intention was21 to increase the parking cost. So we know22 that once we bid out, the price going to23 be up. So the Department is right now24 negotiating with those facilities. We25 140 4/12/11 - WHOLE - BILL 1101371 explain that our budget constraints, and2 we are now working with the Managing3 Director's Office to get a good deal with4 all of the parking garages so that we can5 move on.6
I don't7 understand why we would prefer8 negotiation to bidding it out. I9 recognize that people may have to walk an10 extra block or two, but there are within11 City Hall, within the three or four-block12 radius of City Hall, many, many, many13 parking garages. If you go down to 12th,14 you've got all of that. If you go up to15 17th, 18th, I mean --16
We're using all17 those lots that you're specifically18 talking about. We're also looking to19 meet with the Parking Authority, because20 we're paying the full rate of the Parking21 Authority, and we're looking to meet with22 them to find out if we can get a23 discounted price, because we're going to24 be there every day. So that's what we're25 141 4/12/11 - WHOLE - BILL 1101371 working on, and it's not completed as we2 had stated last year. We're still3 working on that process.4
Are we5 paying the Parking Authority daily rate6 at the garages they own or monthly rate?7
I can clarify8 that, Councilman. Right now with the9 Parking Authority, we are paying a10 monthly rate as low as $80. If we bid11 out, definitely that price going to be12 up. We believe that. Because these13 parking facilities came to us and they14 want to increase the parking rate right15 now, but we negotiated with them, and16 right now that is staying in $80 per17 parking spot for 136 parking space. And18 we have also 103 parking space for $14019 per month. So if we are giving an option20 to them, bid out or let these limited21 facilities there, that price going to be22 going up.23
How many24 cars are in parking lots?25 142 4/12/11 - WHOLE - BILL 1101371
We have 4332 monthly permit and we have 41 daily3 permit. A total of 474.4
That is why our12 Administration is trying to work with13 MDO's office to reduce the cost and also14 evaluating again the eligible parking15 list to reduce the cost of parking.16
How much do17 we get in rent for the Love Park parking18 garage?19
I have no idea.20 That would be Public Property. I guess21 they could tell you. I don't know22 offhand. That's not --23
If you24 could -- if the Budget Office could just25 143 4/12/11 - WHOLE - BILL 1101371 provide the Chair with information on how2 much we receive for rent for the parking3 garages we own, because it seems to me we4 have -- we own spaces in that amount.5
Thanks.11 Thank you, Madam Chair.12 COUNCIL PRESIDENT VERNA:13 You're welcome.14 Are there any other members15 that would like to be recognized?16 (No response.)17 COUNCIL PRESIDENT VERNA:18 Seeing no one, thank you so very much.19
The21 Committee will stand in recess until22 1:30.23 (Short recess.)24
Good25 144 4/12/11 - WHOLE - BILL 1101371 afternoon. This is a continued public2 hearing of the Committee of the Whole.3 The first department to testify will be4 the Streets Department.5 I would ask the Commissioner6 and her staff to please come to the7 witness table, identify yourself for the8 record and proceed with your testimony.9 (Witnesses approached witness10 table.)11
Good12 afternoon. 17 COMMISSIONER TOLSON: Good18 afternoon, Mrs. 19 To Council President Verna and20 members of City Council, good afternoon21 to you. 2 Highlights of the budget3 proposal: We request a General Fund4 appropriation of over $120 million and an5 all funds appropriation of over $1676 million. With full funding of our Fiscal7 2012 request, the Department will8 maintain core services that support our9 mission of clean and safe streets. 16 The Streets Department remains17 committed to supporting the18 Administration's goal of 25 percent19 minority, woman and disabled-owned20 business participation in City21 contracting. 24 Our largest division,25 146 4/12/11 - WHOLE - BILL 1101371 Sanitation, manages the City's municipal2 solid waste plan and develops and3 implements strategies to improve trash4 and recycling collection. 12 Some of our most exciting13 successes have come in the area of14 recycling, where we have seen an increase15 in diversion to over 18 percent for the16 first two quarters of Fiscal '11 and an17 increase of 13 percent in recycling18 tonnage collected for the same period as19 compared with Fiscal 2010. With a new20 contract for recycling, processing and21 current marketing conditions, we expect22 to realize several million dollars in23 revenue for this fiscal year as compared24 to just $120,000 in Fiscal 2010. 554 for trash. We realized a net savings of5 over $120 for every ton diverted from the6 waste stream. Recycling is green in more7 ways than one. 14 Last year we introduced an15 exciting new technology to address litter16 in Center City, the solar-powered litter17 compactor, also known as Bigbelly. The18 overwhelming success of the Bigbellys has19 reduced litter, reduced collection costs20 by $875,000 and introduces the public to21 recycling to lead us to -- I'm sorry;22 introduce the public to recycling for23 litter at the curbside on corridors24 citywide. The City of Philadelphia now25 148 4/12/11 - WHOLE - BILL 1101371 holds the distinction of having the2 largest deployment of Bigbellys in the3 country. 16 November 2010 saw the reopening17 of the South Street Bridge, the largest18 public works project ever managed by the19 Streets Department. This important20 connector between Center City and West21 Philadelphia opened on budget and six22 weeks ahead of schedule. 15 The Department will complete16 conversion of all traffic signals from17 incandescent bulbs to energy-efficient18 LEDs in early summer of 2012. This19 conversion reduces both the electric and20 maintenance costs for the system. S. 4 Over the last two winter5 seasons, the City has seen snow totals6 well over 100 inches, an unprecedented7 amount for our area. Though we all8 experienced delays because of the timing9 and nature of the storms, the City was10 able to maintain operations, and11 businesses were able to continue to serve12 their customers. This would not have13 been possible without the support of14 nearly 400 employees from a host of15 operating departments. This supplemental16 staff allows us to avoid the use of17 contractors, except during those few18 large storms that exceed the combined19 capacity of the Streets Department and20 supporting agencies. I would like to21 thank the citizens for their patience,22 City Council for your support and, most23 of all, the men and women of the Streets24 Department, Park and Recreation25 151 4/12/11 - WHOLE - BILL 1101371 Department, the Water Department, License2 and Inspections, Public Property, Fleet3 Management, Prisons, Revenue, the Mayor's4 Office, 3-1-1, CLIP and the Managing5 Director's Office. 8 I am also pleased to announce9 that the Administration has dedicated an10 additional $4 million to our budget11 specifically for snow operations. 16 In conclusion, the Streets17 Department and its employees continue to18 rigorously pursue our mission of clean19 and safe streets.
21 Our Fiscal 2012 request is 1,783, nearly22 450 positions fewer, a 20 percent23 reduction of our workforce. However,24 during that same period, we have expanded25 152 4/12/11 - WHOLE - BILL 1101371 services, including the addition of2 residential snow operations and weekly3 single-stream recycling. We continue to4 consistently deliver services in an5 effective and cost-efficient manner that6 directly impacts the quality of life for7 all City constituents. 14
Thank15 you, Commissioner.16 You are requesting an increase17 of $12.8 million in the Grants Revenue18 Fund, $8.4 million in Class 200 and 4.119 in Classes 300 and 400. How will these20 funds be used and what contracts will be21 let?22 COMMISSIONER TOLSON: Deputy23 Commissioner Michael Zaccagni will give24 you the details for each of those25 153 4/12/11 - WHOLE - BILL 1101371 spending variances.2 DEPUTY COMMISSIONER ZACCAGNI:3 The Grants account funding are for grants4 that we anticipate -- the Grant funding5 is for grants that we anticipate in the6 Transportation Division, and Deputy7 Commissioner Buckley can certainly talk8 to those. What we also see in the9 additions are the additional monies for10 the snow contracts and also for11 additional monies needed for increases in12 the 205 for disposal.13
You14 mention snow contracts. It's not just $415 million. Isn't it a total of $5.916 million?17 DEPUTY COMMISSIONER ZACCAGNI:18 We have -- I'm sorry. We have an19 additional $4 million that was provided20 to the budget specifically for snow21 contractors, should they have to be22 called out. We also have monies that are23 set aside for salt within the budget of24 about, I believe, $1.7 to $1.9 million.25 154 4/12/11 - WHOLE - BILL 1101371 COMMISSIONER TOLSON: And2 another small amount for mobilization of3 those contractors that you were talking4 about.5
Thank6 you.7 Who is the funding source for8 these funds and could this funding be9 jeopardized due to the uncertainty of the10 federal budget?11 DEPUTY COMMISSIONER BUCKLEY:12 The source of funding for -- my name is13 Deputy Commissioner Steve Buckley.14 The source of these funds, we15 are anticipating a grant from PennDot and16 ultimately we applied for an application17 program last year and they awarded us18 approximately $8 million in grant19 funding.20
On21 of your budget detail, you are22 requesting the exact amount for full-time23 employees in Fiscal 2012 as you spent in24 Fiscal 2011. The increment run of25 155 4/12/11 - WHOLE - BILL 1101371 December 10th indicates you had 1,6592 filled positions and you are requesting3 1,783 positions for 2012, the same as you4 were budgeted for in the Fiscal 2011.5 Will you be able to fill the 1246 vacancies that you had in December?7 COMMISSIONER TOLSON: Council8 President, in part due to the nature of9 how the budget is structured and how we10 choose to do our staffing, we will11 increase our staffing throughout the12 year, what we call seasonal staffing up.13 So in the wintertime, we will allow our14 numbers to fall through attrition because15 our demand, say, on waste collection,16 which is a large portion of our staffing,17 the demand drops in the winter season.18 On the same hand, in the springtime, the19 collection amounts and demand on the20 system increase, so we hire back up. So21 we allow ourselves to kind of peak at a22 different time. The run that is in the23 budget is based upon December. So later24 in the year, we will see a higher number25 156 4/12/11 - WHOLE - BILL 1101371 of staffing that we will need to support,2 and those numbers for us are3 intentionally varied throughout the year4 because of those demands.5
Do6 you call the same people back?7 COMMISSIONER TOLSON: This8 is -- it's not that we rotate people. We9 just allow our numbers -- as people leave10 the Department, we will not rehire new11 people. We simply let the numbers go12 down, and then we will do a large hiring13 in the springtime in preparation for the14 impact of larger quantities of trash and15 recycling on the street. So there's no16 rotation of staff. It's just hiring new17 people. We don't do much hiring in the18 winter. We save it for the spring when19 we need the staff. And that's an20 efficiency move to be more effective with21 the use of our funds and the resources.22
Does23 that hold true for the 124 vacancies that24 you have?25 157 4/12/11 - WHOLE - BILL 1101371 COMMISSIONER TOLSON: Yes.2 Some of those positions will rotate out.3 So we don't plan to have at any one time4 everybody on staff and full time and --5 we would not have everybody on staff and6 fill those positions year round. We7 intentionally let some positions wane at8 different parts of the year.9
Thank10 you.11 On of your detail, it12 indicates you are requesting an increase13 of $1.4 million for landfill costs. Why14 isn't this amount going down to the15 diversion of recycling initiatives?16 COMMISSIONER TOLSON: In part17 because the funding that we had for this18 year was a little lower than we had for19 previous years. So we had some level of20 reduction. We want to try to put it back21 up to meet the numbers that we have. Our22 recycling is going very well. So we do23 have the benefits of the recycling.24 However, our tonnage was reduced in25 158 4/12/11 - WHOLE - BILL 1101371 Fiscal '11. So in Fiscal '12, we're2 trying to put it back up. I'm not saying3 the tonnage. I'm sorry. The budget4 amount was reduced somewhat in Fiscal5 '11. So in Fiscal '12 we're trying to6 put it back up to a reasonable level.7 Also, I should note that we are8 seeing -- and it may be in part due to9 the economy -- that our tonnage in both10 recycling and trash are going up. More11 is being generated, and that might be12 because the economy is improving a little13 bit.14
I15 know you did mention it, but how much are16 we collecting on the recycling?17 COMMISSIONER TOLSON: How much18 we're being paid? We're being paid $6519 per ton. That number is adjusted20 quarterly and that is the number that we21 are facing that we've been advised of for22 this quarter, which began April 1st.23
Thank24 you. And I'd like to congratulate you25 159 4/12/11 - WHOLE - BILL 1101371 and your staff for the snow removal. I2 know you can't make everybody happy, but3 I think on the whole, it just worked out4 beautifully.5 The Chair recognizes Councilman6 Goode.7
Thank you,8 Madam President.9 Good afternoon, Commissioner --10 COMMISSIONER TOLSON: Good11 afternoon.12
-- and13 Deputy Commissioners.14 I'm asking each department15 about their largest contract to sort of16 sift through the contracting process.17 What is the largest contract that you18 expect to award in Fiscal Year '12?19 COMMISSIONER TOLSON: Give me20 one moment, please.21 It would be our Waste22 Management contracts and the largest23 vendor amongst those would be to24 Republic.25 160 4/12/11 - WHOLE - BILL 1101371
The largest2 contract for Waste Management is for what3 amount?4 COMMISSIONER TOLSON: That is5 $6.4 million. I'm sorry. I'm sorry,6 Councilman. Let me change that one7 second. The largest contractor is Waste8 Management at 15.8.9
15.8. And10 is that a renewable contract?11 COMMISSIONER TOLSON: I'm12 giving you Fiscal '11 information. Is13 that all right or do you want Fiscal '12?14
I want to15 know, one, which contracts you will16 award. It will be for Waste Management.17 You expect it to be around the same. And18 the next question was, who holds the19 contract now and is it a renewable20 contract.21 COMMISSIONER TOLSON: It's the22 same one. So the number I just gave you23 is Fiscal '11. The total contract was24 15.8. In Fiscal '12, their contract will25 161 4/12/11 - WHOLE - BILL 1101371 be 14.2.2
And so it is3 a renewable contract?4 COMMISSIONER TOLSON: Yes.5 This is the last year of their contract.6 It was a four-year contract with three7 one-year renewals.8
So the firm9 has held the contract for three years?10 COMMISSIONER TOLSON: I'm11 sorry. Say that question again.12
So the firm13 has held the contract for three years?14 COMMISSIONER TOLSON: No. It15 was a four-year contract with three16 one-year renewal years. So this will be17 their seventh year.18
Excuse me?19 COMMISSIONER TOLSON: This will20 be their seventh year.21
When was the22 last time the contract was bid?23 COMMISSIONER TOLSON: Six years24 ago.25 162 4/12/11 - WHOLE - BILL 1101371
Is the firm2 a certified disadvantaged business?3 COMMISSIONER TOLSON: No, they4 are not.5
Do they6 contract with disadvantaged businesses?7 COMMISSIONER TOLSON: Yes, they8 do.9
What was the10 participation goal that was put in the11 RFP six years ago?12 COMMISSIONER TOLSON: Six years13 ago we negotiated the goals -- the14 participation rates, I should say, with15 the vendors. I believe that we stated16 between 25 and 30.17
Within the18 RFP?19 COMMISSIONER TOLSON: I believe20 so, Councilman. I would like to confirm21 that.22 I'm being told that's correct.23
So what is24 the actual goal within the contract?25 163 4/12/11 - WHOLE - BILL 1101371 COMMISSIONER TOLSON: The2 actual participation rate?3
What's the4 actual goal that was put in the contract?5 COMMISSIONER TOLSON: Hold one6 moment, please. Let me confirm that.7 In the contract was 25 percent.8
And how has9 the participation goal changed during10 your tenure?11 COMMISSIONER TOLSON: Our12 Fiscal '12 rate will be 65 percent.13
So17 subcontracting opportunities have18 changed?19 COMMISSIONER TOLSON: That's20 correct.21
Is that firm22 currently in compliance with the City's23 living wage and benefits standard?24 COMMISSIONER TOLSON: Yes.25 164 4/12/11 - WHOLE - BILL 1101371 DEPUTY COMMISSIONER ZACCAGNI:2 We'll be looking at those contracts and3 all of our contracts to make sure4 everything complies to determine what5 does comply, and we will be looking at6 those contracts in the future.7
But all of8 those contractors will be required to9 comply in Fiscal Year '12?10 DEPUTY COMMISSIONER ZACCAGNI:11 Yes.12
Moving away13 from who is actually getting the14 contracts to some extent, I want to move15 to the area of what we're contracting out16 and why. Within your testimony it says17 Fiscal Year 2012 represents -- Fiscal18 Year 2012 request is 1,783 employees,19 nearly 450 positions fewer, 20 percent20 reduction in our workforce. That's from21 2,232 in Fiscal Year 2000.22 Obviously the budget has not23 been necessarily reduced by that amount24 since Fiscal Year 2000, so the question25 165 4/12/11 - WHOLE - BILL 1101371 is, how has your budget changed since2 Fiscal Year 2000? You talk about a 203 percent reduction in workforce, but how4 has your actual budget changed?5 COMMISSIONER TOLSON: Certainly6 there are some services that are no7 longer provided. The Department took8 significant cuts a few years ago, so9 things such as bulk collection are no10 longer here, mechanical cleaning.11
I'm asking12 actually in terms of budget dollars, how13 has the budget changed from Fiscal Year14 2000 to Fiscal Year 2012.15 DEPUTY COMMISSIONER ZACCAGNI:16 Councilman, what I look at, if 2000 is we17 had 115 million, but when you adjust that18 for inflation, you're closer to 15019 million.20
I'm sorry?21 DEPUTY COMMISSIONER ZACCAGNI:22 With adjusted for inflation from 2000,23 our General Fund budget would have been24 close to 150 million.25 166 4/12/11 - WHOLE - BILL 1101371
Then?2 DEPUTY COMMISSIONER ZACCAGNI:3 Adjusted for inflation.4
So what is5 it now?6 DEPUTY COMMISSIONER ZACCAGNI:7 The budget currently? Our request for8 2012 is 120.9
Okay. So10 technically it went up; adjusted for11 inflation, it went down?12 DEPUTY COMMISSIONER ZACCAGNI:13 Yes.14
In terms of15 contracting dollars, how has that changed16 since Fiscal Year 2000?17 COMMISSIONER TOLSON:18 Councilman, we have to get those numbers19 for you. We did not prepare for that.20
Along with21 that information -- and I think you know22 where I'm going with this -- is, we're23 beginning to challenge what needs to be24 contracted out and why. Simply saying25 167 4/12/11 - WHOLE - BILL 1101371 that we reduced the workforce by 202 percent doesn't necessarily make sense to3 us, particularly if you have shifted some4 of that money toward contracting dollars5 and particularly for me if those6 contracts are with non-local firms. So7 the next question -- if you have that8 information, you can provide it; if not,9 provide it through the Chair -- is what10 percentage of contracts you have are11 going to non-Philadelphia firms?12 COMMISSIONER TOLSON: We do13 have that information, sir.14 DEPUTY COMMISSIONER ZACCAGNI:15 For our personal services contract, it16 breaks down about 50/50, give or take a17 few percentage points.18
And other19 contracts?20 DEPUTY COMMISSIONER ZACCAGNI:21 Excuse me?22
Other23 contracts.24 DEPUTY COMMISSIONER ZACCAGNI:25 168 4/12/11 - WHOLE - BILL 1101371 I don't have the information other than2 the personal services contracts.3
Do you4 know --5 DEPUTY COMMISSIONER ZACCAGNI:6 Class 200 contracts.7
Do you know8 even anecdotally how much you contract9 out? In other words, let me ask the10 question. Is Waste Management a local11 firm?12 DEPUTY COMMISSIONER ZACCAGNI:13 No.14
So Waste15 Management is not a local firm. Do you16 know who your second largest contract17 goes to?18 DEPUTY COMMISSIONER ZACCAGNI:19 For example, for Fiscal Year '11, which20 we actually have the actual contracts,21 Servelli is one of our larger contracts22 for this fiscal year. That is a23 Philadelphia firm, and that's --24
That's not25 169 4/12/11 - WHOLE - BILL 1101371 the way we're going to do it. The way2 we're going to do it is, either you have3 a number in terms of percentage of4 contracts that's going to non-local firms5 or you don't.6 DEPUTY COMMISSIONER ZACCAGNI:7 I'm sorry. I'm having trouble hearing8 you.9
Do you have10 a number in terms of percentage of11 contracting dollars that's going to12 non-local firms or not?13 DEPUTY COMMISSIONER ZACCAGNI:14 Let me double-check just to make sure. I15 may have that.16 I have the actual percentages17 breakdown. I don't have the actual18 dollar figures.19
You have the20 percentage --21 DEPUTY COMMISSIONER ZACCAGNI:22 I have the number of contracts. It's23 about 50 percent. I don't have the24 actual dollar figures associated with25 170 4/12/11 - WHOLE - BILL 1101371 that, but we can get that to you.2
So half the3 contracts are going to non-Philadelphia4 firms?5 DEPUTY COMMISSIONER ZACCAGNI:6 Yes.7
And what8 percentage of contracts are going to9 disadvantaged firms?10 DEPUTY COMMISSIONER ZACCAGNI:11 I don't have the breakdown of the12 specifics on the disadvantaged. I'd have13 to add that up for you. The14 participation rates are there.15
You can16 forward all that information.17 Before this work was contracted18 out -- or I should ask, when did this19 work begin to be contracted out?20 COMMISSIONER TOLSON: Comparing21 what we have now versus 2000, what22 additional work have we contracted out?23 We will supply that information to you.24
We don't25 171 4/12/11 - WHOLE - BILL 1101371 know any of that offhand?2 COMMISSIONER TOLSON: I3 wouldn't know that I'd be all inclusive4 of specific. I don't think that there is5 much more that is being contracted out6 now that wasn't done before, but I'd7 rather get you the exact information.8
Because if9 there's a reduction of personnel by 2010 percent, the dollar amount before11 adjusted for inflation is actually higher12 in terms of our spending, we don't13 necessarily know what we're contracting14 out, but we know to some extent before15 we're contracting out, those dollars16 economically were being captured locally.17 If the work was being done by City18 workers, we know those workers live19 within the City of Philadelphia. We know20 they spend within the City of21 Philadelphia. We know they're being22 employed by the City of Philadelphia.23 When we begin to contract out 50 percent24 to non-local firms, we're giving that25 172 4/12/11 - WHOLE - BILL 1101371 business to non-Philadelphia businesses.2 They're not necessarily employing3 Philadelphia workers, and we don't know4 what dollars are captured there.5 So, one, I'm not sure we've6 proven that we're more cost efficient yet7 by reducing the workforce by 20 percent.8 I'm not trying to debate that point yet,9 but if 50 percent of our contracts are10 going to non-Philadelphia firms, I will11 say that even if we were being cost12 efficient, which I will still challenge13 whether we are, economically it doesn't14 work, and particularly as we go through15 some of the larger departments in the16 City, when people think they're finding17 efficiencies, they'll also find that18 we're not making the right type of19 investments economically if we're not20 securing -- first of all, if we're not21 finding opportunities to look at whether22 that City work can be done by City23 workers. Then, two, if it's not going to24 be done by City workers, at least have it25 173 4/12/11 - WHOLE - BILL 1101371 be done by local firms with fair2 opportunities for disadvantaged3 businesses. And to me, I take that very4 seriously, not just whether we're5 reducing the workforce or not, because at6 the end of the day, that's not the7 ultimate goal for me.8 COMMISSIONER TOLSON: Yes.9 Thank you, Councilman. We will certainly10 provide the information that you11 requested. I think that in large, it12 will show that I am certainly not13 equating efficiency or reduction with14 staff so that reducing staff means15 efficiency. A significant portion of the16 reduction for our department comes in our17 disposal. But I will gladly share the18 information with you and display what I'm19 saying.20
And if you21 can prove we can do it cheaper by22 contracting out, then you still have to23 prove to me we can do it cheaper by24 contracting out to outside firms and it's25 174 4/12/11 - WHOLE - BILL 1101371 not impacting us economically. At the2 end of the day, I believe it has to be3 impacting us economically, particularly4 when you go through every department the5 amount that they're contracting out to6 non-Philadelphia firms.7 COMMISSIONER TOLSON: We'll8 supply what you asked for.9
Thank you.10 Thank you, Madam President.11 COUNCIL PRESIDENT VERNA:12 You're welcome.13 The Chair recognizes Councilman14 Greenlee.15
Thank16 you, Madam President.17 Good afternoon, everybody.18 First, getting back to the recycling, the19 numbers certainly have increased20 significantly. I think one of the things21 that helped is some of the folks that22 went out and went to community meetings23 and other forums and kind of educated24 folks, if you will. Now, I was told --25 175 4/12/11 - WHOLE - BILL 1101371 and I don't know if this is accurate --2 that they were called recycling3 specialists or something like that. What4 were their terms -- or their titles? I'm5 sorry.6 COMMISSIONER TOLSON: At one7 point, we did have a civil service8 position called a recycling specialist,9 yes, whose sole job was to focus on10 changing, improving recycling. We've had11 that position for probably close to 2012 years. We no longer have recycling13 specialists. Instead what we have is14 just as a matter of course and policy for15 our department a mindset that recycling16 and recycling management is a part of the17 overall system of properly managing the18 waste stream. So we no longer have19 people who are just dedicated only to20 recycling and maybe not able to figure21 how to manage that to move it to the22 entire system. So we eliminated the23 position of recycling specialist a few24 years ago.25 176 4/12/11 - WHOLE - BILL 1101371
And how2 many were there?3 COMMISSIONER TOLSON: Two or4 three. There were two or three and a5 supervisor.6
But they7 weren't the folks that went out to the8 meetings and all, or were they?9 COMMISSIONER TOLSON: They did10 some meetings. However, the large part11 of the meetings were done by people we12 called ambassadors. We used part-time13 TANF workers as well as other staff14 within Sanitation to attend meetings, as15 well as people from the Philly Recycling16 Rewards program, those who were staffed17 at Recycle Bank and the like.18
Is that19 still being done to some extent?20 COMMISSIONER TOLSON: Yes. We21 still attend community meetings.22 Absolutely.23
On the24 Bigbellys, I know they've become very25 177 4/12/11 - WHOLE - BILL 1101371 popular and a lot of people request them.2 Are they still primarily in commercial3 areas or are they spread out now?4 COMMISSIONER TOLSON: We have5 Bigbellys across the entire City, and by6 the time that we finish our7 implementation, we'll have nearly 1,400,8 about 1,355 of them, citywide. They are9 in -- they're primarily on corridors with10 heavy pedestrian activity. So those are11 largely commercial corridors. We did12 some work with the Commerce Department13 that may have dictated that some go in14 places where other work was being done,15 some streetscape work and things like16 that, which may not have optimized the17 high pedestrian, but it kind of18 collaborated with other work that was19 being done and utilizing leveraging funds20 that made Bigbellys available to us. But21 we do have a significant amount that are22 in communities outside of Philadelphia --23 I'm sorry; outside of Center City.24
How about25 178 4/12/11 - WHOLE - BILL 1101371 the heavy public transportation areas2 where a lot of people might gather to3 either get on or off buses? Is that one4 of the considerations?5 COMMISSIONER TOLSON: Certainly6 it is part of the consideration, but it's7 not for bus stops. It's not intended for8 that.9
Why?10 COMMISSIONER TOLSON: So where11 we have hubs, there are thousands of bus12 stops.13
No; I14 understand. I'm just wondering the ones15 that are particularly heavily used, I16 would think that that would also be a17 place that people are looking to put18 trash.19 COMMISSIONER TOLSON: Some of20 those -- it will align. You'll have a21 significant commercial corridor aligning22 with a major hub for buses, and there you23 probably will have a Bigbelly in place.24
Speaking25 179 4/12/11 - WHOLE - BILL 1101371 of sanitation, I know Mr. Williams and I2 have had conversations about the3 violations that are written sometimes.4 They were all set up within the5 Department? That's not in the Code6 exactly, the standards? Am I making7 sense in that question?8 DEPUTY COMMISSIONER WILLIAMS:9 Hi. Deputy Commissioner Carlton Williams10 from the Streets Department.11 Just to clarify, are you asking12 how we go about enforcing the regulations13 as opposed to --14
And15 determining what's a violation. You know16 where I'm going with it.17 DEPUTY COMMISSIONER WILLIAMS:18 Yes. We've had several conversations,19 yes, sir.20
That's21 your own -- you set up those --22 DEPUTY COMMISSIONER WILLIAMS:23 Yeah. Our procedure is set up to24 actually implement the Code. So how we25 180 4/12/11 - WHOLE - BILL 1101371 enforce the violation is a policy matter2 from the Streets Department, correct.3
All4 right. I won't get into a debate on5 that. You know I have some issues with6 some of the violations, but I'll leave7 that go for the time being.8 DEPUTY COMMISSIONER WILLIAMS:9 I understand.10
Last11 thing. Street lighting, particularly12 alley lighting, Commissioner. I know13 again we talked about the program. I14 think you have folks out there checking15 to see what alley lights are operating16 and whatever.17 COMMISSIONER TOLSON: Yes.18
Is the19 goal eventually to fix those lights or20 was this more -- because I had heard21 something it might be just some dispute22 with PECO about how many are working and23 what you're paying for them and that kind24 of thing. Is the idea eventually to get25 181 4/12/11 - WHOLE - BILL 1101371 all those lights repaired?2 COMMISSIONER TOLSON: Our goal3 certainly is to have as many operable as4 possible. So there are some constraints5 in the system, and we are out surveying6 all of our alley lights and finalizing7 that data right now. Then we'll be going8 back to try to do the remedies and9 repairs. There may be various causes for10 reason why lights are out. Certainly11 where we can change a bulb, we can tackle12 that. We also have some problems with13 vandalism, which may make such that those14 lights will not operate in the future,15 because people will constantly put them16 out.17
And I18 know that's often a problem in the higher19 crime areas, people disable those lights20 in various ways.21 COUNCIL PRESIDENT VERNA:22 Excuse me.23 I know years ago we would put a24 screen on the bulb around the bulb area.25 182 4/12/11 - WHOLE - BILL 1101371 Why wouldn't you do that now?2 COMMISSIONER TOLSON: We have a3 problem with people throwing rocks, but4 also bullets.5
They6 what?7 COMMISSIONER TOLSON: They8 shoot them out.9
And10 aren't there some cutting of wires, too?11 I've heard that.12 COMMISSIONER TOLSON: Yes.13 There's lots of various damage. When14 people intend to disable a light, it's15 difficult to work around them.16
And I17 guess you don't have the numbers now, but18 will there be a point where you can give19 us numbers as far as like percentage of20 how many are disabled what looks like21 intentionally, some are just bulbs, that22 kind of thing?23 COMMISSIONER TOLSON: Yes.24
Because I25 183 4/12/11 - WHOLE - BILL 1101371 think we all get a number of complaints2 about alley lights, and oftentimes it's3 in those areas, as I said, where they4 might be disabled that they're needed the5 most. So I know it's a difficult6 situation.7 COMMISSIONER TOLSON: It's a8 catch 22.9 We will certainly work on that.10 Our present focus with the survey was to11 understand what was on versus off, so12 that we can kind of manage what we're13 paying for the system. We don't yet have14 the causes or the final solutions or15 remedies intact, but that will come as we16 move through those locations.17
So when18 those guys went out, they didn't19 necessarily see what was wrong; they just20 saw whether they were on or not?21 COMMISSIONER TOLSON: Yes.22 Because we tried to cover the entire23 City. So it's a very arduous task.24
No. I25 184 4/12/11 - WHOLE - BILL 1101371 can imagine. And I know it was2 difficult. That's what you and I talked3 about, some safety issues with going up4 those alleys for the workers and all that5 kind of thing.6 COMMISSIONER TOLSON: That's7 correct.8
All9 right. Thank you.10 Thank you, Madam President.11 COUNCIL PRESIDENT VERNA:12 Commissioner, when do you think your13 department will be completed with the14 alley light study?15 COMMISSIONER TOLSON: We have16 done the physical reviews and we're right17 now doing our tallies and trying to go18 through the data to make sure it's19 accurate. So very shortly we'll have a20 complete understanding of what's on and21 what's off.22
And23 when do you see the problem being24 addressed?25 185 4/12/11 - WHOLE - BILL 1101371 COMMISSIONER TOLSON: We're2 starting with our repairs -- not just3 starting. We're continuing with our4 repairs, but we're ramping up this month5 to march through those that we can repair6 easily with bulbs. As I said, we'll know7 that answer once we go out there, but8 we're marching through that beginning9 this month.10
I bet11 there is every Councilman in here that12 could give you a list of what alley13 lights are not functioning, and perhaps14 that could help you and help us to let15 our constituents know, A, what's wrong16 with the alley light and, B, when will it17 be repaired.18 COMMISSIONER TOLSON: Council19 President, I would certainly gladly20 receive your list. As I said, we've done21 the survey, but I will gladly receive the22 list in terms of who has contacted you23 and said this is a highlighted problem24 for us. So that would be helpful for us25 186 4/12/11 - WHOLE - BILL 1101371 to receive your list and the list from2 any Councilperson that may have one.3
I'm4 sure you'll receive it now from the5 Councilmembers. Thank you.6 The Chair recognizes Councilman7 Kelly.8
Thank you,9 Madam President.10 Good afternoon.11 COMMISSIONER TOLSON: Good12 afternoon, sir.13
I just want14 to follow up with alley lights for a15 minute. Could you tell me what the16 criteria is? We had a request from a17 constituent who is requesting repair of18 an alley light, and they went out there19 and they removed it. So I just want to20 know what the criteria is about removing21 an alley light rather than repairing it.22 COMMISSIONER TOLSON: There23 will be occasion where we may have an24 unsafe situation or one that we cannot25 187 4/12/11 - WHOLE - BILL 1101371 repair. Removal may come into play. So2 removal becomes -- that is not certainly3 our preference for us, but --4
But it5 wouldn't be replaced, in other words; it6 would just be removed?7 COMMISSIONER TOLSON: The8 immediate thing to do may be to remove it9 until a solution can be determined. And10 if we have a problem like, say, with the11 vandalism where people are intentionally12 exposing wires or causing a hazard13 situation, then we're going to take that14 out of play, because we need to figure15 out how to stop that or thwart it.16
Do you have17 a list of the locations that you've18 removed those lights?19 COMMISSIONER TOLSON: Yes. We20 keep a tally or a record of actions21 taken.22
And they are23 scheduled to be replaced then?24 COMMISSIONER TOLSON: As soon25 188 4/12/11 - WHOLE - BILL 1101371 as we can determine how to safely2 reinstall.3
Okay. I4 just want to again thank you for taking5 care of a constituent request that we've6 made many, many months ago. In fact, I7 didn't want to bother your office or your8 staff because of the problems you were9 having with snow and blizzards and10 everything else, and finally it was 8511 degrees yesterday and I'm sure most of12 the snow is melted by now, I guess. But13 I just want to say that the reason why14 this is important for us is because it15 was made by a company who employs over16 600 employees paying over 1.2 million in17 taxes and wage taxes to the City as well18 as numerous other taxes, and it was so19 important for them just to have a20 painting of a crosswalk, which doesn't21 seem like a big deal, but for them it was22 a big deal for their employees. So I23 really appreciate your response and24 hoping that this will be completed very,25 189 4/12/11 - WHOLE - BILL 1101371 very soon.2 COMMISSIONER TOLSON: Yes3 indeed.4
The other5 question I had was bicycle lanes. What6 do you plan to do -- are any more bicycle7 lanes planned for this year?8 COMMISSIONER TOLSON: In the9 very near future, Councilman, I think10 it's been stated that we will be adding11 some lanes through the City. Bicycle12 safety is very important to us as well as13 use of bicycle as a mode of14 transportation. So to the extent that15 it's possible, we are encouraging safe16 travels for bicyclists.17
Where is the18 locations going to be? Is it Center City19 or is it going to be all over the City,20 bicycle lanes?21 COMMISSIONER TOLSON: We have22 added bike lanes throughout the City.23 Where we have opportunity with streets24 that are wide enough to accommodate25 190 4/12/11 - WHOLE - BILL 1101371 bicycles as well as vehicles, we've added2 a dedicated bike lane. We have over 2003 miles of streets with bike lanes,4 probably an additional 40 if you look at5 the trails and the parks and things like6 that. So for a very long time, bicycles7 and bike lanes have been important to us.8 So our activity has been citywide with9 bike lanes.10
There seems11 to be some controversy over especially12 the Center City lanes causing some13 congestion and traffic problems there.14 Do you take that into consideration?15 COMMISSIONER TOLSON: Yes,16 Councilman. There was certainly some17 discussion when probably a much larger18 lane was dedicated to bicycles on a19 couple streets in Center City allowing a20 significant east/west movement for21 bicycles on some downtown streets. Prior22 to those lanes being installed, however,23 there was significant study and analysis24 of what the potential impacts could be25 191 4/12/11 - WHOLE - BILL 1101371 for the bicycles as well as vehicular2 traffic, and certainly we were concerned3 about negative impacts such as backups or4 heavy traffic as you describe.5 Also, there was some contact6 and dialogue with neighbors in those7 communities to make sure --8
Do you plan9 on changing any of those routes at any10 time?11 COMMISSIONER TOLSON: No.12 Those routes have been installed and13 they're working quite nicely.14
Thank you.15 Thank you, Madam President.16 COUNCIL PRESIDENT VERNA:17 You're welcome.18 The Chair recognizes19 Councilwoman Blackwell.20
Thank21 you, Madam President.22 I know it has been touched on23 about employment. You know, I was24 stopped today by some employees saying25 192 4/12/11 - WHOLE - BILL 1101371 that when it comes to striping and some2 other services, striping and holes in the3 street and all of that, that we have4 employees who are not able to keep their5 jobs, and when it's put out on bids, the6 charges are much higher, and you could7 get it done for one-third of the price by8 the employees you already have. Could9 you respond to that?10 COMMISSIONER TOLSON:11 Councilwoman, I think that we certainly12 look for opportunities to utilize our13 employees to the best and highest extent14 possible. However, when we have15 challenges with providing the service16 that's needed within our workforce, we17 then have to look for supplemental help.18 Certainly not by eliminating our19 employees, but by finding additional20 resources to support what we do.21 We've done that with snow, and22 we certainly have, because of our23 inability to keep up last year with line24 striping, had to do it with line striping25 193 4/12/11 - WHOLE - BILL 1101371 as well.2 COUNCILWOMAN BLACKWELL:3 Obviously we want the job done first, but4 certainly before everything, we want to5 protect our City workers and the people6 who live and work in our City and who are7 the reason why we all sit here today.8 They pay our salaries.9 So we are very serious and very10 concerned about that issue, because11 people approached me emotionally today12 and that is why I bring up this issue and13 I said I would.14 I would like you to repeat for15 the record -- people call me several16 times a week on these issues. One is the17 Market Street repaving. Would you say18 when it's supposed to start again and how19 long that project will be?20 COMMISSIONER TOLSON: I'm going21 to let Commissioner Buckley.22 DEPUTY COMMISSIONER BUCKLEY:23 Hi.24
Hi.25 194 4/12/11 - WHOLE - BILL 1101371 Thank you.2 DEPUTY COMMISSIONER BUCKLEY:3 The contract was awarded, I believe, last4 week. So the contractor, NTP, is5 supposed to probably be in about four to6 six weeks. So we're expecting mid May7 construction will start, and the first8 phase will be, they will be doing some9 spot repairs to Market Street on the10 roadway surface.11
But12 Market Street is supposed to be redone.13 DEPUTY COMMISSIONER BUCKLEY:14 Correct, and the first phase we're going15 to be doing some spot repairs, then16 they're going to be doing the median, the17 bulb-outs and the traffic signals, and18 then at the very end, it will be entirely19 resurfaced from 46th to 63rd Street.20
Right,21 46th to 63rd. And that will be -- so it22 will start like May and when will it be23 finished?24 DEPUTY COMMISSIONER BUCKLEY:25 195 4/12/11 - WHOLE - BILL 1101371 My guess is -- I can get that information2 for you. I would suspect the resurfacing3 probably wouldn't be able to be completed4 until next spring.5
But it6 will start in May and it will keep going7 until it's completed?8 DEPUTY COMMISSIONER BUCKLEY:9 Correct.10
The11 other thing I'd like for the record is12 the issue of the 40th Street bridge.13 I could be rich, Madam14 President, if I had money for the15 questions I get asked on Market Street16 repaving and on -- I thought SEPTA was17 hard, but to ask you every meeting.18 And also on the 40th Street19 bridge, that is supposed to start --20 again, it's in your testimony. Is it21 November?22 DEPUTY COMMISSIONER BUCKLEY:23 It's under construction right now. The24 construction started in, I believe it25 196 4/12/11 - WHOLE - BILL 1101371 was, March and demolition is working2 through probably June.3
Okay.4 COMMISSIONER TOLSON:5 Councilwoman, you may be referring to6 41st Street. Last year we did have to7 discuss 40th Street bridge.8
Well,9 you can mention both bridges, because I10 have 40th, 41st and 42nd, and one is open11 and you can give us the timelines on the12 other two.13 COMMISSIONER TOLSON: So at our14 last Council meeting, we did have15 discussion about 40th Street bridge, and16 Deputy Commissioner Buckley has given you17 an update on that. And on 41st Street18 bridge -- because these are all19 coordinated. We're moving traffic from20 one to another. We're moving gas lines21 from one to another, which means we can't22 get them all done at one time because of23 how we had to stagger the work.24 But 41st Street is currently in25 197 4/12/11 - WHOLE - BILL 1101371 design and we expect the notice to2 proceed on that December of 2012.3
So4 42nd Street is open, 41st Street you'll5 do -- we're already in -- so you'll start6 42nd Street in November, am I correct,7 and then the 40th Street the year after;8 am I correct?9 COMMISSIONER TOLSON: 41st10 Street I have notice to proceed in11 December of 2012. 40th Street is12 currently underway.13
So14 when do we think that will be done?15 DEPUTY COMMISSIONER BUCKLEY:16 Basically probably early 2013, at which17 time we will be able to start demolition18 on 41st Street. So basically we have to19 relocate utilities from 40th -- I'm20 sorry; from 41st to 40th before we can21 begin work on 41st Street.22
So23 40th is next?24 DEPUTY COMMISSIONER BUCKLEY:25 198 4/12/11 - WHOLE - BILL 1101371 40th is under construction. 41st will be2 next.3
They4 do have cranes out there. 40th Street is5 next, and that will be done in 2012?6 COMMISSIONER TOLSON: And when7 that's done, 41st.8
See, I9 get it all mixed up -- okay. When that's10 done, then you'll do the third one?11 DEPUTY COMMISSIONER BUCKLEY:12 Correct.13
And14 then before I retire, we'll have all15 three bridges operational.16 DEPUTY COMMISSIONER BUCKLEY:17 Yes, ma'am.18
All19 right.20 Thank you, Madam President.21 COUNCIL PRESIDENT VERNA:22 You're welcome.23 The Chair recognizes Councilman24 Green.25 199 4/12/11 - WHOLE - BILL 1101371
Thank you,2 Madam Chair.3 Good afternoon.4 COMMISSIONER TOLSON: Good5 afternoon.6
I want to7 thank you and your team for the work that8 you do all year long.9 I know this applies not just to10 you but to all departments. It's our job11 to question what's presented to us and12 try to improve upon it and make it better13 once the Administration gives us a14 budget. So what we are asking is an15 attempt to do that. And I know you16 appreciate the process, but I just want17 to make that clear. Of course, that18 applies to everybody.19 So I've got some20 implementations about the -- some21 questions about the implementation of the22 dumpster bill, which passed Council in23 2009. Do you know what percentage of24 dumpsters are in compliance with the RFID25 200 4/12/11 - WHOLE - BILL 1101371 tag requirement today? And if you don't,2 that's fine. If you can just get the3 information back to the Chair.4 COMMISSIONER TOLSON: I know5 how many licenses have been issued, but6 the percentage of dumpsters --7
Well, how8 many licenses have been issued?9 COMMISSIONER TOLSON: We have10 over 3,000. It's about 3,130.11
Three12 thousand one hundred and thirty so far?13 COMMISSIONER TOLSON: Yes.14
And do you15 know how many of those are recyclable16 versus regular dumpsters?17 COMMISSIONER TOLSON: I know18 how many on private property and how many19 are in the right-of-way.20
That would21 be interesting. That would be great.22 COMMISSIONER TOLSON:23 Twenty-seven hundred and sixty are in24 public property and 360 are in the public25 201 4/12/11 - WHOLE - BILL 1101371 right-of-way.2
Three3 hundred and sixty?4 COMMISSIONER TOLSON: Yes. The5 actual numbers are 366 and --6
Three7 sixty-six. In conducting a survey in8 preparation for implementation of the9 bill, my staff and some interns went10 around, I think it was, within a11 ten-block radius of City Hall, and I'm12 like 90 percent sure we counted over 50013 in the public right-of-way just within14 ten blocks of City Hall. And so I'm not15 sure why it would be the case that we'd16 have that -- that number does not seem17 right to me. But at any rate, and that's18 just here versus the entire City.19 Do you know how many tickets20 have been issued since the RFID system21 has gone into effect?22 COMMISSIONER TOLSON: In Fiscal23 '11, 9,659.24
And how does25 202 4/12/11 - WHOLE - BILL 1101371 that compare with --2 COMMISSIONER TOLSON: Issued3 and paid.4
Issued and5 paid. And how many -- so what's the6 collection rate on these violations in7 terms of the percentage collected?8 COMMISSIONER TOLSON: That9 information I'd have to get from OAR, but10 I will gladly get that for you.11
So how many12 were issued and not paid?13 COMMISSIONER TOLSON: I will14 get that as well from OAR.15
That's fine.16 The reason I'm asking this is because of17 the collection rate under the old system18 was 24 percent of all violations issued,19 and one of the intended effects of this20 was to increase compliance and increase21 our ability to collect fees and fines.22 So I'm just curious how that's working,23 if it's working as intended.24 The implementation of this,25 203 4/12/11 - WHOLE - BILL 1101371 there was great collaboration, I must2 say, between the Streets Department and3 L&I and the Managing Director's Office4 and the Bureau of Adjustment and5 Adjudication. They put together a6 working group of people who organized the7 dumpster bill implementation and it8 consisted of basically supervisors from9 all the departments. In the original10 implementation it was contemplated even11 in my discussions with the Administration12 that we would have the SWEEPs officer13 issue the ticket and then have the ticket14 electronically go right to the BAA for15 sending out. Unfortunately what happened16 is, supervisors in Streets look at an17 electronic ticket, supervisors in other18 places look at it and then it goes to19 BAA. So we went from what would have20 been a one to two-step process to issue a21 ticket to a three or four-step process.22 That is better than the eight-step23 process that existed prior to your RFID24 tag, but I'm wondering if you're looking25 204 4/12/11 - WHOLE - BILL 1101371 at streamlining that any further in the2 next year, if that's something you would3 look at.4 COMMISSIONER TOLSON:5 Councilman, let me just clarify one6 thing, and certainly Deputy Commissioner7 Williams can add to what I'm saying.8 The process for the ticketing9 and the use of handhelds allows that once10 tickets are written by an officer, they11 go directly to BAA. However, because of12 a system that we built in kind of like a13 screen or a filter, any that may have a14 problem -- let's say a ticket is written,15 I'll make up an example, a ticket is16 written for a litter basket and there's17 no name on it. Well, you can't issue18 that type of ticket. That goes to a file19 that we call kind of data not20 processable, and those are the tickets21 that then are reviewed by the22 supervisors. So the supervisors don't23 review all the tickets. They only review24 those that are going to be problematic.25 205 4/12/11 - WHOLE - BILL 1101371
That's2 terrific. So my question really related3 to dumpsters' RFID tags only. So what4 you're saying is -- Chris Rupe, who5 serves on my staff, was part of the6 implementation team and worked with7 everybody, and the way it was reported8 back to us is, there were still going to9 be supervisors in between the SWEEPs10 officer and the BAA. What you're telling11 me is in the actual implementation, that12 is not correct.13 DEPUTY COMMISSIONER WILLIAMS:14 That's correct, Councilman. When we met15 with OAR, when we put the implementation16 of the handhelds in, one of the problems17 that caused the backlog in their system18 is that when they get violations that19 don't have all the information related to20 it, it goes into the system, creates a21 backlog, but you can never send it to22 anybody.23
Which24 doesn't exist for RFID tags.25 206 4/12/11 - WHOLE - BILL 1101371 DEPUTY COMMISSIONER WILLIAMS:2 That's correct, because we already have3 the information already.4
That is5 fabulous. Thank you very much. I've6 been using this as an example as how we7 can make government even more efficient8 just through a simple change. And I've9 been wrong for a couple months. So I'm10 glad we straightened that up, and I'm11 very pleased to hear that that is the12 process. And I make the point everywhere13 I go that it's just one small example of14 the elimination of paper-based processes15 that can reduce the cost and size of16 government over time. That is one simple17 thing where we issued thousands of18 tickets even so far this year that used19 to require eight City employees to touch20 it that now, based on your testimony,21 requires two City employees to touch it.22 And we have thousands and thousands of23 more forms and papers and tickets and24 other things that we can do these small25 207 4/12/11 - WHOLE - BILL 1101371 kind of changes to through the2 implementation of technology and save us3 a lot of money. So I want to4 congratulate you then and thank you for5 that work, and look forward to the rest6 of the data you have on that.7 We've heard from several people8 about issues related to contracted9 services for snow removal, and10 specifically the concern is that11 contractors are being called in at12 midnight and paid to wait until the snow13 comes, when City employees are not called14 in until the snow actually starts hitting15 the ground like 4:00, 5:00, 6:00 a.m., et16 cetera.17 Can you just tell me what your18 policy is and whether or not you believe19 that to be the case. It's anecdotal to20 us, so I'd just be curious as to, once21 and for all, where that stands.22 COMMISSIONER TOLSON: Yes.23 Thank you. Relative to snow, contractors24 are used to supplement City forces25 208 4/12/11 - WHOLE - BILL 1101371 because we don't have sufficient2 equipment to cover the numerous miles of3 streets that we have to tackle the City,4 particularly now that we also do5 residential streets. We require6 equipment from as large as7 tractor-trailers to tri-axles to as small8 as small pickups and small front-end9 loaders.10 Contractors are called in11 always to supplement City forces. They12 are never used or never called in in13 advance of City forces. We will call --14 we will make the phone call to bring15 contractors in, because we have to give16 them some advanced notice, but they will17 never be arriving prior to the time that18 we also told our own forces or City19 forces to come in. And when I say "our20 own," I mean Streets Department as well21 as the 400 employees who come from other22 departments, Water and Fairmount Park and23 Parks and Recreation, L&I and the like.24 So in all cases, vendors will work25 209 4/12/11 - WHOLE - BILL 1101371 alongside City forces to tackle snow2 removal.3 You may have a case where City4 forces that may be assigned to5 residential snow operations are not6 called in because of the quantity of the7 snow and we may not have need for them8 and we are using contractors on large9 primary and secondary streets, but it10 would not be the case where -- but even11 in that case, I should say, there will be12 City forces that are working the large13 primary and secondary streets. But it14 will not be the case ever where we have15 contractors out working and we don't have16 City forces working as well.17
Well, I18 mean, I just wonder if we could take one19 of the snowstorms last year at random,20 maybe the middle-sized snowstorm,21 whatever we had, and take a look at when22 we actually called people in and what the23 process was. I'm just curious to see how24 that happened, because obviously we're25 210 4/12/11 - WHOLE - BILL 1101371 clearly hearing from DC33 and others that2 they're not called in until, say, 6:00 in3 the morning, when contractors have been4 on since midnight. And obviously our own5 workforce, it's our belief, is going to6 be cheaper than contracted out. And I'll7 just let it go at that, because I'm8 confident Councilman Jones and others may9 have questions in this regard.10 So my last question is, last11 year -- every year I ask departments12 about new and unfilled positions, and I13 just note in your budget in two14 departments, in Traffic Engineering where15 there are eight vacancies and in General16 Support where there are nine long-term17 vacancies, between those two areas18 there's only a $50,000 vacancy allowance19 in your budget. In Traffic Engineering20 it implies that all eight positions will21 be filled for the entire -- all eight22 currently vacant positions will be filled23 for the entire fiscal year starting July24 1st, 2011 ending June 30th, 2012. Is25 211 4/12/11 - WHOLE - BILL 1101371 that likely to be the case?2 COMMISSIONER TOLSON:3 Councilman, no. The way our budget is4 structured and the way we operate, we do5 seasonal staffing up and we allow6 attrition to occur. So we don't have the7 budget to support the number of personnel8 that may be our maximum number of9 personnel year round, because we allow10 during certain seasons the numbers to go11 up and then to come down.12 So, for example, the budget13 here, there's a reference to December '1014 increment run. Our numbers are fairly15 low on that, but then when springtime16 comes, we will then hire up, start17 bringing back more people -- I shouldn't18 say bring back. We'll institute more19 hirings and raise our level of staffing.20 We'll have a very high number of staffing21 through the summer, and then in the fall22 and through the winter again, we'll let23 it drop down some. That's a reflection24 of the amount of work that we have in25 212 4/12/11 - WHOLE - BILL 1101371 terms of what we face throughout the2 year. It does vary. It's cyclical, and3 we let our staffing follow that.4
Right. With5 respect to Traffic Engineering, do you6 have seasonal workers?7 COMMISSIONER TOLSON: No. We8 don't have seasonal workers anywhere.9 What we do is, we allow attrition to10 occur, and then we --11
So in12 Traffic Engineering, what did you13 actually spend in dollars last year in14 Class 100?15 COMMISSIONER TOLSON: In16 Traffic Engineering how much did we17 spend?18
Not what was19 budgeted, but what did you actually...20 COMMISSIONER TOLSON: Give me21 one second, Councilman. I'll look in our22 budget.23
In other24 words, it's my premise that there should25 213 4/12/11 - WHOLE - BILL 1101371 be a vacancy allowance for that Traffic2 Engineering Division, because you will3 not have all eight vacant positions4 unfilled the entire year.5 DEPUTY COMMISSIONER ZACCAGNI:6 Excuse me, Councilman. You said that7 there was a $50,000 vacancy allowance?8
That's in9 General Support.10 DEPUTY COMMISSIONER ZACCAGNI:11 In Traffic, there's --12
Zero.13 DEPUTY COMMISSIONER ZACCAGNI:14 Zero. The vacancy allowance is actually15 what we take off the entire amount that16 we plan to spend. It's not to fund those17 nine positions.18
I19 understand. So in Traffic Engineering,20 shouldn't there be a vacancy allowance21 because it's not likely that the eight22 positions that are budgeted will be23 filled the entire year?24 DEPUTY COMMISSIONER ZACCAGNI:25 214 4/12/11 - WHOLE - BILL 1101371 Actually, this year the reason that2 doesn't show vacancy allowance is because3 some of the ARRA funding that we will be4 getting in will offset what we would5 normally see in the vacancy allowance.6 But you are correct that in each division7 from year to year, we have to let our8 numbers float a bit in order to meet our9 budget. So we may have a vacancy that10 occurs -- it's easier obviously in the11 larger divisions.12
Right, but13 you have eight vacant positions now.14 DEPUTY COMMISSIONER ZACCAGNI:15 Right.16
And you have17 no vacancy allowance.18 DEPUTY COMMISSIONER ZACCAGNI:19 The vacancy allowance is a planned number20 that we place into the budget to account21 for the fact that we don't have, as you22 said, the additional monies to cover all23 86 positions in the division.24
Well, that's25 215 4/12/11 - WHOLE - BILL 1101371 not -- the Budget Office and I would say2 the vacancy allowance is to reflect the3 fact that you won't be at 100 percent of4 the positions requested during the course5 of the year, right? I see it from your6 perspective, but if you're going to have7 vacancies in Traffic Engineering, there8 should be a vacancy allowance.9 Ms. Rhynhart.10
Hi. If there's11 a vacancy allowance, then the total12 funding would go down for full-time13 positions, right. I mean --14
Either15 reduce the number of full-time positions16 to reflect what the hiring will be or17 have an accurate vacancy allowance to18 take into account the fact that some of19 the eight positions will be vacant for20 some portion of the year. In other21 words, it looks to me like we could cut22 Class 100 in Traffic Engineering without23 impacting your operations, because you24 have eight vacant positions and you're25 216 4/12/11 - WHOLE - BILL 1101371 not likely to have them filled for the2 entire 12 months.3
I see your4 point. I think there's often an5 increase -- I see your point. There's6 often an increase in overtime that if7 there was a -- in general, because I know8 you've asked this of an earlier9 department, that in Class 100 if10 full-time positions were hired, the money11 would move from overtime to salaries, but12 I see your point. I think one thing with13 Streets in general and not just on14 Traffic Engineering is that they have had15 snow overtime, which is a big expense.16
Yes. And17 other divisions have appropriate vacancy18 allowances. I just think every division19 needs one if they're going to have20 vacancies. So if you could get back to21 the Chair about what you think the22 appropriate vacancy allowance is for23 Traffic Engineering, I'd appreciate that.24
We can get that25 217 4/12/11 - WHOLE - BILL 1101371 to you.2
Thank you.3 I mean, it could be $100,000 that we4 could spend on a rec center or keeping5 the pools open another week, something6 like that.7 Okay. I think I made my point.8 I have the same question for General9 Support, and I don't think 50,000 is an10 appropriate vacancy allowance for that11 department given the fact that there are12 nine long-term vacancies in that13 department and they won't be filled for14 the entire 12 months. So if you could15 revise that number and get it to the16 Chair, I'd appreciate it.17 COMMISSIONER TOLSON: Yes.18
Thank you19 very much, Madam Chair.20 COUNCIL PRESIDENT VERNA:21 You're welcome.22 The Chair recognizes Councilman23 Clarke, if he's in the room.24 (No response.)25 218 4/12/11 - WHOLE - BILL 1101371
I2 don't see him. The Chair recognizes3 Councilman Jones.4
Thank you,5 Madam President.6 Good afternoon.7 COMMISSIONER TOLSON: Good8 afternoon, sir.9
Commissioner10 Tolson and your Deputies have been11 wonderful. I want to say that on the12 record. This is the year of budgeting13 where I lead with positive reinforcement14 first and then questions second. But I15 want to say that during the two snow16 events that we had, we had a good working17 relationship with you guys and were able18 to deal with some of the issues that we19 had in the 4th Councilmanic District.20 Always responsive. Even if the answer21 wasn't absolutely yes, it was always22 absolutely an answer, and sometimes that23 at least allows us to get back to24 constituents in that regard.25 219 4/12/11 - WHOLE - BILL 1101371 One of the things that was2 raised by my colleague -- and I thank3 him, Councilman Goode -- was that we are4 looking at a cost-benefit analysis as it5 relates to how we contract out and when6 we contract out, with an eye towards7 dispelling the myth that instant8 privatization, instant outsourcing9 actually means savings.10 I told some people in prior11 testimony that today I'm from Missouri,12 Missouri, Philadelphia, Missouri Street13 in Philadelphia, which is show me. I14 want to start to look at whether or not15 some of these companies that in the past16 have come in and what they do in the17 private sector is under price the product18 in order to drive out competition and19 then bring that product slowly up and so20 that we are held captive.21 So what I want to do -- and I22 mentioned this to you before -- is start23 to look at that process when it comes to24 outsourcing and contracting out to see if25 220 4/12/11 - WHOLE - BILL 1101371 in fact we are getting value, to see if2 taxpayers are getting their monies worth.3 As we look at a shrinking workforce that4 has been downsized over time, whether or5 not it is better to just hire someone to6 do a recurring activity, job and/or7 service. So we're looking at that and8 wanted to get your thoughts on that and9 whether there was an analysis as to what10 we were doing in areas of snow removal11 and other big-ticket areas, whether it's12 street maintenance and, what is that,13 lining of the -- painting of the streets,14 for example, as a perfect example of15 whether or not it is cost effective to16 outsource.17 COMMISSIONER TOLSON: Yes.18 Thank you, Councilman, and I thank you19 for your opening statements, and now I'll20 try to deal with the issues.21
And they22 were sincere.23 COMMISSIONER TOLSON: I24 appreciate that.25 221 4/12/11 - WHOLE - BILL 1101371 We have looked at specifically2 on snow, to answer your question, looked3 at the value and impacts of snow4 contracting. As I mentioned earlier, the5 intent of using contractors to supplement6 the City workforce and City equipment.7 Because of our limitations of equipment,8 we have to hire out contractors who bring9 anywhere from small front-end loaders and10 pippins to large tri-axles or tractors,11 and we hire them by the hour to work with12 our staff.13 If we were to be desirous of14 having all that we contract out for15 specifically when we need to contract out16 for it, if we were to look at hiring that17 same staff and then also bringing in that18 same equipment, there would be19 significant costs to the City. Projected20 annual salary for salary and benefits for21 160 to 260 employees would be anywhere22 between $12 million and $22 million per23 year. The same capital investment to go24 along with that would be $18 to $2825 222 4/12/11 - WHOLE - BILL 1101371 million per year to buy the equipment and2 the trucks that I mentioned.3 Over the last five years, we've4 averaged $4 million a year for snow5 contractors. So that's a 4 million6 comparison to the much larger number as7 an annual cost. We only use the8 contractors when we expect to have snow9 of significant levels to help us. We10 don't call them in for every snowfall11 that we have. Unfortunately we've had a12 lot of snowfalls in the last two years.13
Yes, we14 have.15 COMMISSIONER TOLSON: But16 there's also been years when we've had17 nearly none, so the contract community18 did not receive much work from us.19
If I could20 interject a question. I understand21 purchasing equipment is an up-front22 capital cost that may be cost23 prohibitive. What is the idea behind24 leasing or renting, and have we done25 223 4/12/11 - WHOLE - BILL 1101371 those analysis as well?2 COMMISSIONER TOLSON: Fleet3 Management is heavily involved in4 analysis of looking at opportunities to5 lease equipment. I think there's some6 movement on that with Council's help to7 do more to purchase equipment, but still8 there's limitations in terms of the9 quantity of materials, vehicles, that can10 be purchased within that. And I would11 think that an investment of $28 million12 for Streets Department to support snow13 would be a real challenge, but that's14 what it would take for us.15 Now, as I mentioned, $4 million16 per year has been our actual cost, and17 contractors are a significant cost during18 snow operations. It's probably our19 largest cost area when we have to call in20 contractors. Over the last five years,21 we've called out contractors about nine22 times and we've had 50 events, but nine23 times we called in contractors.24 We also looked at the25 224 4/12/11 - WHOLE - BILL 1101371 opportunities that could be gained if we2 were to have the staff and the equipment3 year round. We're not just looking at4 just the value during snow time, what5 would be the value and impact during off6 season. Off season we could have7 additional paving done and probably could8 get 60 miles of paving done, but then9 we'd also need another $6 million in10 asphalt to support those paving crews.11 So in addition to the cost of the staff,12 the cost of equipment, we then would have13 additional material costs to support the14 crews that we would then have.15 We need to purchase additional16 pavers, which we don't using during snow,17 but are needed in order to support the18 paving crews, and those would be an19 additional $1.2 million.20 We could also take care of21 having additional pothole crews on the22 street, but we're already meeting the23 goals that we have of response in less24 than ten days. And I should also mention25 225 4/12/11 - WHOLE - BILL 1101371 that there's, along with the paving, that2 there is a need to have handicap ramps to3 go along with the work that's done on the4 paving, and that is probably an5 additional $10 to $15 million.6
I appreciate7 your --8 COMMISSIONER TOLSON: I'm9 sorry. I said 10 to 15. It's $2610 million.11
I less12 appreciate --13 COMMISSIONER TOLSON: I forgot14 to add my 10 and 15 together. I'm sorry.15
I appreciate16 your at least attempt at review as you17 see it by way of what the short-term,18 long-term benefits of contracting out19 versus keeping a staff and equipment on20 hand. What I'd like to do is take that21 look at each of the major food groups22 within the department. I want to get23 maybe the help of the Private Sector24 Round Table, Initiative, Task Force,25 226 4/12/11 - WHOLE - BILL 1101371 whatever they call it, Bill, to look at2 these issues, along with a representation3 of labor, so that we're comparing apples4 to apples, oranges to oranges, and really5 go down some of our big food groups and6 put our heads together to see if there's7 some suggestions, added information maybe8 that we're overlooking to look at that.9 That's the intent of that bill, to kind10 of scrutinize where in categories that11 from time to time we need to go back to12 the analysis.13 We don't know what impacts14 energy have on things, what the cost of15 gas going from -- I guess it's the same16 gas that you buy whether you contract out17 or contract in, but I want to take a look18 at what happens with the cost of asphalt,19 for example, which is a derivative of20 gas, what does that mean to our bottom21 line. We really need to start looking at22 that by way of labor, by way of23 contracting out, by way of materials so24 that we can get the best combination of25 227 4/12/11 - WHOLE - BILL 1101371 things and constantly look at it. It2 does nothing -- if nothing else, it keeps3 the people that benefit from that4 contracting out pencils sharp, because5 they know we're looking. They know we6 care. They want -- we know we want the7 cost contained.8 That is not to say that you9 don't do that, and I know from my10 procurement days that departments keenly11 aware of budget constraints do that. But12 I want us to kind of uniformly move to a13 point where we periodically do that to14 see what's in the best benefit of15 workforce and to make sure that we don't16 over time get gouged by contractors that17 know that because we've laid off,18 downsized that department, that they can19 begin to ratchet up the price.20 So that's the intent of it.21 The devil is in the details, obviously.22 I want to get us all at a table from time23 to time, and not slow down the24 contracting process but at least sharpen25 228 4/12/11 - WHOLE - BILL 1101371 our pencils, and that's the intent of the2 legislation.3 Thank you, Madam President.4 COUNCIL PRESIDENT VERNA:5 You're welcome.6 The Chair recognizes Councilman7 Kenney.8
Thank you,9 Madam President.10 You're making me hungry with11 all the food group conversation.12
15 First of all, I'd like to say16 that I think overall your department does17 a really good job with all the tasks that18 are assigned to it. 3 But I think in every area that4 you deal with, I really do admire the5 work that you do, and you have really6 good people working for you and you're7 responsive. 8 Let me just go for a minute to9 snow removal. 18 We push it. 6 In Boston, I think in Chicago,7 there are these vehicles called Snow8 Dragons, which I'm sure you've seen them,9 that are as long as a tractor-trailer,10 and they're not cheap, but they have11 heating elements inside, so that instead12 of pushing the snow in areas like13 Manayunk and in East Falls and Mount Airy14 and Oak Lane where streets aren't15 necessarily in perfect square16 intersections, where snow could be lifted17 and placed in the Snow Dragon, melted and18 allowed to go down the storm drain. 4 It's an excellent question. You probably5 would be amazed how much we talk about6 options, opportunities, change in7 technology with regard to snow and8 actually with all of our services. 11 We're always looking to do it better and12 faster. That means look at the equipment13 and types of equipment we use, whether it14 be a melter or even blowers. We're not15 necessarily satisfied with just pushing16 it, as you call it, or plowing. 18 In Philadelphia, we have some19 challenges with regard to the20 configuration of our streets. A21 significant amount of one-way streets is22 part of a challenge, a large number of23 very narrow streets. We probably have24 over a thousand miles of streets that are25 232 4/12/11 - WHOLE - BILL 1101371 under 18 feet and with parking on one2 side. So when you combine that with3 parking and in snow, it's a real4 challenge. 8 So we continue to look at the9 equipment issue, what's out there that10 could be a better use for us, as well as11 policy, and that's something that we12 probably will have to look to Council to13 offer some assistance and commentary14 upon. 17 I recently was in Montreal and18 I met with the snow managers for that19 city. They average 90 inches of snow a20 year. And you'll remember last year, we21 had almost 80 ourselves. 23 Everything over five inches of snow, they24 remove it from the streets. And I just25 233 4/12/11 - WHOLE - BILL 1101371 sat amazed and I was humbled by that2 notion. 7 As I had that discussion with8 them, I certainly was also digging into9 the facts, understanding, well, how did10 they do that. Their budget of $13611 million for just snow is how they can do12 that. 13 Obviously they're a northern city, they14 get snow regularly, they can depend upon15 that, but that's what it takes in order16 to be able to remove snow, because17 removal is a slower process, you don't18 move as fast as plowing. And I think19 that what we have done is to just try to20 be effective to allow people to navigate21 the streets safely. 24
One of25 234 4/12/11 - WHOLE - BILL 1101371 the --2 COMMISSIONER TOLSON: We will3 continue to look at our options there,4 because we haven't given up on5 opportunities there to do a better job.6
One of the7 complaints that we've been hearing8 relative to neighborhoods that don't have9 a typical grid is that the -- what kind10 of coordination do we do with SEPTA in11 kind of prioritizing their routes?12 Because I think the key to moving around13 the first few days of a snow event is14 probably transit. I mean, obviously the15 subway and the El really never stop.16 What do we do about bus routes? Because17 we were getting complaints that some bus18 routes were still tundra-like even ten19 days after a snowstorm. Do we coordinate20 with SEPTA to try to get the priority21 routes cleared first, even if they're22 running through a neighborhood?23 COMMISSIONER TOLSON: Yes. We24 work very closely with SEPTA, and that25 235 4/12/11 - WHOLE - BILL 1101371 relationship has improved greatly.2 Deputy Commissioner Buckley has a regular3 contact there during snowstorms. We4 share regular reports, and what we expect5 of SEPTA is to give us direction with6 regard to their priority routes and7 locations of their problems. So we're8 now at the point in the midst of9 snowstorms, our dialogue goes like this,10 What's the important route?11 Okay. Let's say Route 15 is12 important.13 Where exactly is the problem?14 Well, we got a turnabout at15 this location. Snow piles or dumping in16 the street doesn't allow us to properly17 turn a corner or to navigate at that18 point, which is shutting down an entire19 route. City, work with us.20 So we can then work very21 closely with them. So not only are they22 in the EOC, Emergency Operations Center,23 looking at overall City issues, but24 they're also working very closely with us25 236 4/12/11 - WHOLE - BILL 1101371 as a department to tackle their specific2 concerns and needs.3
I guess4 what I'd like to suggest if it's5 possible -- and you can tell me we can6 talk later whether it's not -- sometime7 in July when it's 90, could we maybe have8 a couple days of discussion about the9 upcoming season, the snow removal, with10 maybe some Council staff so they11 understand what your constraints are, and12 maybe there's some ideas or folks we13 could bring in to kind of -- I assume14 after each event, you debrief and talk15 about where the complaints are and what16 didn't get done or what you would like to17 have done. I really would like to18 understand your thought process in19 attacking these events, and I think to do20 it when it's 90 is better to do it than21 right afterwards, because everybody is22 freaking out about something. So if you23 would be willing to do that sometime in24 the summer when it's a little -- I guess25 237 4/12/11 - WHOLE - BILL 1101371 it's a little slower generally, would2 that be something you'd be interested in3 doing?4 COMMISSIONER TOLSON:5 Absolutely, Councilman.6
Okay.7 Great. And in general, I think you guys8 do a really good job.9 The other thing I do is, I see10 you out in the neighborhood all the time,11 block captains events, community events,12 community meetings. Carlton is out.13 He's always all over the place, and so14 are you. And it's really -- you're doing15 a really good job, and I appreciate all16 your efforts.17 Thanks.18 COMMISSIONER TOLSON: On behalf19 of the Department, I thank you.20
Thank23 you, Madam Chair.24 I too want to join in with my25 238 4/12/11 - WHOLE - BILL 1101371 colleagues and thank the Department for2 all of your hard work and collaboration.3 When I started three years ago, I had the4 largest litter index, and I still have5 some of them, but I've seen the mass6 improvement, and I really want to thank7 you both on the recycling and on the8 trash removal end.9 Over the last couple weeks with10 the Mayor's cleanup, I had an opportunity11 to witness some of the hard-working folks12 from the Department around the tracks,13 and I want to acknowledge that through14 your coordination, Conrail stepped up to15 the plate a little bit. They only16 brought in like 20 folks. They could17 have had 100 folks and we wouldn't have18 cleaned up all those tracks, but the fact19 that they were out there with your folks20 was very important and, for the21 community, very symbolic, because I got22 screamed at a little bit and -- people23 were happy that we were there, upset it24 took us so long to get there, but they25 239 4/12/11 - WHOLE - BILL 1101371 were happy that we were. You know how2 this is. It could be thankless3 sometimes.4 But one of the things that I5 continue to see is some of the short6 dumping. So I just want to get kind of7 an update as to where we are with the8 persistently problematic dumping sites9 and our ability to move the cameras10 around. I was very encouraged by11 Mr. Conway when we put the camera12 temporarily around 2nd and Bristol and13 the fact that we were able to catch14 people and that they weren't from the15 neighborhood, they were people coming16 from outside. Where are we with that?17 COMMISSIONER TOLSON: We18 project that we'll collect about 20,00019 tons of illegal dumping this year, which20 is certainly an unfortunate number,21 because the cost of doing that, certainly22 we would love to spend it on other23 things, but it costs about $1.6 million24 to tackle illegal dumping.25 240 4/12/11 - WHOLE - BILL 1101371 We do work with Tom Conway in2 Neighborhood Services, sometimes with3 Police to try to address not just the4 remediation but the enforcement and also5 the deterrent of having people out there.6 But we continue to work on7 cleaning around the City. We continue8 with our education efforts. We've done a9 great deal of work with our campaign.10 The "UnLitter Us" campaign has been very11 successful. People understand it, they12 get it. Whether they're 8 or 80, they13 get it. And the notion of cleaning up is14 starting to catch on. It's a vision of15 the Mayor to clean our city up, and16 people are beginning to understand that17 in a different way. They understand that18 it means that individual behavior is19 necessary in order to make it happen, not20 just having it as a theme or a big-screen21 vision.22 But we continue to work with23 those organizations and certainly, as you24 mention, with people who want to be good25 241 4/12/11 - WHOLE - BILL 1101371 stewards in their own communities and2 just step out and do their part.3 The Philly Spring Cleanup is4 bigger and bigger each year. This year5 we had 252 project sites and 12,5006 volunteers. That's an amazing factoid.7 We removed over 1.2 million pounds of8 trash and almost 150,000 pounds of9 recycling and 1,100 blocks were cleaned.10 We continue to increase those11 community partnerships. We are12 encouraging neighborhood organizations13 and individuals who want to clean up and14 then have the City pick up afterwards, we15 encourage them to continue that work. At16 times we're able to offer supplies. We17 do whatever is necessary to try to18 collaborate, all with the goal of getting19 the City cleaner. And it is somewhat20 cleaner, but we have a long ways to go.21 We want all areas of the City to be22 relatively clean, and we're getting23 there, but it does take time.24
As it25 242 4/12/11 - WHOLE - BILL 1101371 relates to the cameras, how are we doing2 with those? Have they really helped? I3 mean, I know people always request them,4 particularly in chronic dumping sites.5 COMMISSIONER TOLSON: I believe6 that Mr. Conway presently has ten7 cameras. He's had them out for a couple8 of years, and more than 60 tickets have9 been issued from that.10
As it11 relates -- I know we do the annual Tire12 Up. That's another area where I continue13 to see many tires. Is there any way we14 can expand that program? I really15 believe that we have to figure out -- I16 mean, it costs us so much money to remove17 them. Is there any way that we can18 expand on the Tire Up program?19 COMMISSIONER TOLSON: One of20 the things that we're looking at now is21 more ways to control tires once they're22 received from vendors who are charging to23 receive the tires. Not all the tires24 that are dumped are being -- most tires25 243 4/12/11 - WHOLE - BILL 1101371 that are dumped are not coming from2 citizens who have one or two tires in3 their garage or their basement and4 getting rid of it. Nowadays people when5 they get a tire change, they leave the6 tire behind, and what we're seeing is7 wholesale dumping of tires that have been8 paid for relative to their proper9 disposal.10 So we are considering11 regulations or legislation to try to help12 manage the tire disposal process so that13 we can better understand who is receiving14 tires and where they are disposing of15 them to make sure they're properly16 disposed of.17
That's18 encouraging, because I do think that we19 have to -- these businesses that are20 getting paid for receiving these tires21 who then dump them, we need to figure out22 a way of tracking them. If someone is in23 that business, we should be able to see24 by who they're paying for the dumping25 244 4/12/11 - WHOLE - BILL 1101371 whether they are in fact cooperating or2 not.3 I have about 150 at least small4 auto places, and I'm just seeing an5 uptick, and obviously you've seen the6 uptick, and I'm just wondering what else7 we can do. I know other than that one8 annual Tire Up -- how many do we collect9 during that Tire Up program?10 COMMISSIONER TOLSON: One11 second, Councilwoman.12 Councilwoman, we'll get you13 that exact number later.14
So I'd15 be interested in looking at how we do16 that, and maybe we can do it in a zone17 and maybe we do as part of some of the18 work that we're doing with the PSAs or19 something, but I'd like for us to kind of20 tackle that and figure it out. Part of21 having a safe neighborhood is having a22 clean neighborhood, and all the stuff23 kind of piles up, but I'm interested in24 really tackling the tire next.25 245 4/12/11 - WHOLE - BILL 1101371 We've asked and we'll continue2 to ask people to be better, and obviously3 now that we have a lot more trash cans,4 Commissioner Williams, but I'm very5 concerned about this tire situation that6 I see more and more, and as the spring7 comes up -- I've seen it and your guys8 were out there in the April cleanup. I9 saw them remove like 300 tires from a10 small geographic area. It was just -- it11 was very concerning to me.12 So I just think we need to13 figure out if it's more cost beneficial14 for us to do some more preventive stuff15 by expanding some of the Tire Up stuff.16 So I'd be interested in working at that.17 Again, if we can maybe tie it into a PSA18 that we're working on, maybe that becomes19 a kind of pilot to see if it's more cost20 effective. But I'm tired of the tires.21 Thank you. Thank you,22 Commissioner.23 COMMISSIONER TOLSON: Thank24 you.25 246 4/12/11 - WHOLE - BILL 1101371
Thank you.4 The Chair recognizes5 Councilwoman Blackwell.6
Thank7 you, Madam Chair.8 I neglected to say when I spoke9 earlier to thank our Commissioner Tolson,10 to thank Deputy Commissioner Carlton11 Williams and Stephen Buckley for all that12 we ask you to do, all that you do, for13 all the affairs, from the Town Watch to14 our block captains and for all the things15 that you do and for always being on call16 when we reach out to you. We do17 appreciate it. I neglected to say that,18 but we do say thank you.19 COMMISSIONER TOLSON: It's our20 honor to support you all.21
The Chair25 247 4/12/11 - WHOLE - BILL 1101371 recognizes Councilman Greenlee.2
Thank3 you, Madam Chair.4 Actually, I was going to say5 similar things. First, I forgot to thank6 you for all the positive work you do in7 the City. Obviously the snow removal,8 but everything else. So I appreciate it.9 Even though Carlton and I disagree on10 that one issue.11 But one more thing on alley12 lights, and I guess a real basic13 question. What funding do we have for14 that, for repairing alley lights? What15 money do we have for that?16 COMMISSIONER TOLSON: We're17 using our operating funds, Councilman, to18 tackle the problems that we have with the19 alley lights.20
And any21 money that's been targeted for that? I22 mean, how much?23 COMMISSIONER TOLSON: No24 specific funding. We simply are using25 248 4/12/11 - WHOLE - BILL 1101371 resources that we have.2
Just what3 we can? Okay. All right. Thank you.4 Thank you.5
Well,6 that's it. Thank you so much for all the7 good work you do. I appreciate your8 support in the 9th Councilmanic District9 and your quick response to calls when we10 make them, and we're just looking forward11 to the driveway legislation. Thank you12 very much.13 COMMISSIONER TOLSON: Thank14 you.15 MR. McPHERSON: Our next16 department is the Water Department.17 (Witnesses approached witness18 table.)19
Good20 afternoon.21 COMMISSIONER NEUKRUG: Good22 afternoon.23
3 Good afternoon. 8 I'd like to just start,9 Councilwoman, with just recognizing all10 the people here from the Philadelphia11 Water Department. )15 COMMISSIONER NEUKRUG: I'm the16 new Water Commissioner. 18 We look forward to the new19 fiscal year knowing that challenges will20 likely remain due to the combined impacts21 of the economy, the environment and22 rising costs. Our customer base is not23 growing, while operating, capital and24 pension costs are rising. 2 million. This is $27 million12 higher than our Fiscal 2011 budget. 15 Because of the challenges16 ahead, our goal has to become America's17 model 21st century urban water utility, a18 utility that fully meets the complex19 responsibilities and opportunities of our20 time. 25 252 4/12/11 - WHOLE - BILL 1101371 As we take on new processes,2 solutions and partnerships to meet our3 regulatory mandates in a cost-effective,4 sustainable approach, we are emphasizing5 our commitments to environmental6 integrity, green infrastructure design7 and community enrichment. 12 We are rehabbing streams, parks13 and streets and working with government14 and community partners to create economic15 and functional synergies, while reducing16 the overflows of stormwater and sewage17 into our rivers and streams. We are18 reaching out to many communities, our19 staff, contractors, institutions,20 landowners, homeowners, businesses and21 other partners so that everyone may fully22 participate in the opportunities23 presented by these new approaches. 2 We also recognize that learning3 is mutual. We are committed to listening4 to and responding to the concerns of our5 customers and our City leaders and6 improving our processes as we do so. For7 example, we have listened to the concerns8 of our customers who have been most9 negatively impacted by the recent changes10 to our stormwater fee structure. We are11 in the process of preparing a stronger12 program to support these most aggrieved13 customers. 16 As an immediate action, I would17 like to request that our Fiscal Year 201218 budget be increased by $5 million so we19 may be able to further support costs for20 stormwater management on properties21 highly impacted by the new fees. 24 In addition, we are in the25 254 4/12/11 - WHOLE - BILL 1101371 process of forming a new Customer2 Advisory Committee that will represent a3 diversity of interests and concerns about4 the stormwater fee. 10 Despite what it seemed like at11 times, this past winter the Department's12 programs to limit main breaks and water13 losses remain strong and our overall rate14 of pipe breakage is well below the15 national average. We remain an industry16 leader in the science technology of water17 system loss control, and we also continue18 our positive trend in reducing19 non-revenue water. 23 Our energy management portfolio24 now includes a new 250 kilowatt solar25 255 4/12/11 - WHOLE - BILL 1101371 project at the Southeast Wastewater2 Pollution Control Plant. We have a3 ribbon cutting on April 25th, and all4 City Council is invited to attend. 17 Finally, the Water Department18 is committed to supporting the19 Administration's goal of 25 percent20 minority, women and disabled-owned21 businesses participation in City22 contracting. 24 In closing, I would like to25 256 4/12/11 - WHOLE - BILL 1101371 take a moment to recognize the Water2 Department's dedicated professional3 staff, many of whom hold leadership4 positions in our industry's professional5 organizations where the culture and the6 environment on business ethics of our7 industry is cultivated, and the many8 others who serve as advisors to the9 region's top environmental and regulatory10 bodies, as well as those who contribute11 to the body of international scientific12 and technical literature. 12
Thank you13 very much.14 Commissioner, on of your15 testimony, you mention that you will need16 $2.3 million for a new rate study and17 conduct a rate case. When do you18 anticipate holding the rate hearing?19 COMMISSIONER NEUKRUG: We are20 looking at next fiscal year to have the21 beginnings of a rate case.22
So how23 long will that process take once you get24 started, do you believe?25 258 4/12/11 - WHOLE - BILL 1101371 COMMISSIONER NEUKRUG: Joe.2 DEPUTY COMMISSIONER CLARE: Hi3 there. Joe Clare. I'm Deputy4 Commissioner of Finance in the Water5 Department.6 We're planning on starting the7 rate study at the beginning of Fiscal8 '12. It will take approximately six9 months to do the study, and we plan on10 approaching Council with the results of11 that study sometime in November or12 December of this year. The process after13 that will take about one year to complete14 the public and technical hearings, the15 hearing officer selection, the16 Commissioner's decision and the amended17 regulations.18
When was19 the last time you had a water rate20 increase?21 DEPUTY COMMISSIONER CLARE: The22 last Commissioner's decision took effect23 November 1st, 2008. The rate case24 started during Fiscal '07 and took about25 259 4/12/11 - WHOLE - BILL 1101371 nine months to conclude.2
Which of3 our surrounding neighbors purchase water4 and/or wastewater services from us and at5 what rate?6 COMMISSIONER NEUKRUG: We have7 ten wholesale wastewater customers, 118 wholesale waste customers and two water9 customers. The wastewater customers10 include DelCORA, Bucks County Water and11 Sewer Authority, Upper Darby, Cheltenham,12 Lower Merion Township, Lower Southampton,13 Springfield Township-Erdenheim,14 Springfield Township-Wyndmoor, Bucks15 County for Bensalem and Abington Township16 and Lower Moreland Township. On the17 water side -- the total revenue from18 those in Fiscal Year 2010 were $3419 million.20 On the water side, we have two21 customers. One is Bucks County Water and22 Sewer Authority and the other one is Aqua23 Pennsylvania, and total revenues were24 close to $9 million, for a total25 260 4/12/11 - WHOLE - BILL 1101371 wholesale customers in 2010 of $432 million.3
So they4 don't pay the rate that the residential5 customers pay in Philadelphia; they pay a6 discounted rate?7 COMMISSIONER NEUKRUG: They do8 not pay a discounted rate. They pay a9 cost of service rate. It's a wholesale10 rate that includes the full cost of the11 utility provided to them. And I should12 like to point out that we are about to13 close a deal with Bucks County Water and14 Sewer. Their 45-year contract has15 expired, and we are close -- or we have16 reached a tentative agreement with them17 that includes a significant increase in18 their rates, practically a doubling of19 their rates, which includes a 12 percent20 management fee and new language for21 billing and payments and just a much22 cleaner, more modern approach to water23 billing for Bucks County. We look to24 continue that with our other customers as25 261 4/12/11 - WHOLE - BILL 1101371 their contracts expire.2
Will the3 contract come to City Council? How is4 the contract negotiated?5 DEPUTY COMMISSIONER CLARE: The6 wholesale contracts were enabled by7 Council ordinance. The Water Department8 has authority to enter into those9 long-term contracts on its own.10
Okay. I'm11 sure we'll get some questions from12 Councilman Goode about that. I'll leave13 it to him.14 Commissioner, you also mention15 on of your testimony that you will16 be increasing your Class 200 budget by $317 million for the Biosolids Recycling18 Center. Was this increase factored into19 the cost-benefit analysis that was done?20 COMMISSIONER NEUKRUG: Yes,21 Councilwoman, it was.22
On of your detail, you mention stormwater24 rates. I'm happy to hear that you want25 262 4/12/11 - WHOLE - BILL 1101371 to increase your loan pool to help2 businesses to reduce their water runoff.3 However, are you closing the permit-deed4 loophole?5 COMMISSIONER NEUKRUG: We're6 looking forward to working with City7 Council to provide an ordinance and would8 be very happy to work with you to deal9 with the deed-permit issue.10
You11 haven't started yet?12 COMMISSIONER NEUKRUG: We are13 ready to bring that before City Council.14
Okay.15 Thank you very much.16 The Chair recognizes Councilman17 Greenlee.18
Thank19 you, Madam Chair.20 Good afternoon, everyone. If I21 could just follow up on that stormwater22 management issue and the program. How23 exactly does that work? How do entities24 apply for that?25 263 4/12/11 - WHOLE - BILL 1101371 COMMISSIONER NEUKRUG: I'm2 sorry. For?3
For the4 incentive program, the loan.5 COMMISSIONER NEUKRUG: The6 incentive program is being -- you mean7 the loan program?8
Yeah, the9 loan program.10 COMMISSIONER NEUKRUG: The loan11 program is being administered by PIDC on12 behalf of the City, and we have13 contributed $5 million in Fiscal Year '1114 and another $5 million in Fiscal Year15 '12. In addition, we're putting an16 additional 5 million. So that will be a17 total of $15 million that's available for18 low-interest loans through PIDC.19
So the20 customers will apply through PIDC for it?21 COMMISSIONER NEUKRUG: Yes.22
And what23 are the criteria? What's the criteria24 for it?25 264 4/12/11 - WHOLE - BILL 1101371 DEPUTY COMMISSIONER CLARE: The2 criteria generally have to do with how3 much mitigation they're doing, how many4 gallons are captured, the cost per5 gallon, whether it's in a combined or6 separate area, you know, the financial7 strength of the company as to how many8 they employ and where they employ and9 that kind of thing.10
So it's11 rather involved, it sounds like.12 DEPUTY COMMISSIONER CLARE:13 Yes.14
And this15 money, do you see with that additional 516 million being able to take care of all17 the prospective applicants or is that --18 I guess that was the idea?19 COMMISSIONER NEUKRUG: I've20 said in my testimony we've heard from our21 customer base of the concerns that they22 have, particularly a certain part of our23 customer base, which is those who24 typically have a two to five-acre25 265 4/12/11 - WHOLE - BILL 1101371 impervious lot, a warehouse facility, an2 industrial facility where it's very3 difficult and very expensive the amount4 of the increase that's happened from5 start to finish. So we've been adjusting6 and looking at our programs to see how we7 can particularly assist those folks,8 while at the same time looking at the9 impact on all our customer base, which10 includes the residential customers and11 the many commercial customers who don't12 fall into this aggrieved business.13 So we're trying to balance this14 all right now, and I think that we have a15 pretty good solution, and we're still16 working out the numbers, so I'm not here17 to present that to you today, but I think18 over the next several weeks and months,19 we will have a solution that probably20 will still not make everybody happy, but21 I think it will take us a long way22 towards resolving this.23
And I24 know it was a complicated thing and it25 266 4/12/11 - WHOLE - BILL 1101371 hit a lot of people. Although you had2 sort of told people it was coming, I3 think when they saw the bill, a lot of4 them were obviously, as we saw at that5 hearing, upset.6 I know one of the things that7 was mentioned at that hearing, I think by8 actually some Councilmembers, was there a9 way to stretch out the increase over a10 longer period of time. Has that been11 looked at at all? Are you open to that?12 COMMISSIONER NEUKRUG: Probably13 the most important thing that we're doing14 is putting together a Customer Advisory15 Council. They're going to meet for the16 first time April 28th, and we're looking17 to bring everyone together, and we're18 looking for City Council support of this19 and to have a good group, with support20 from consultants to be there to be able21 to analyze any changes that we could22 possibly think about making to a future23 rate case, so that you can permanently24 change what's already been determined in25 267 4/12/11 - WHOLE - BILL 1101371 the last rate case. That is something2 that would come in as advice to the next3 group and be brought to the Water4 Commissioner at some future date as one5 idea of how to solve this problem long6 term.7
You8 answered my next question. So the April9 28th, you say, is the first?10 COMMISSIONER NEUKRUG: April11 28th.12
Great.13 And just one thing, just a comment. I14 think all offices direct people to your15 HELP program when there are violations16 given, and I think that's really saved a17 lot of people having many days without18 water, because that seems to work very19 well and people get the work done and20 they pay off -- hopefully they pay it21 off. But that's a great program, so I22 just want to end with that.23 COMMISSIONER NEUKRUG: Thank24 you.25 268 4/12/11 - WHOLE - BILL 1101371
Thank you,8 Madam Chair.9 Good afternoon, Commissioner.10 COMMISSIONER NEUKRUG: Good11 afternoon.12
What is the13 largest contract that you will award in14 Fiscal Year '12?15 COMMISSIONER NEUKRUG: Sorry.16 I do have the answer for you.17 The largest contract that we18 issued in 2012 was a relief sewer on19 State Road. It was a $49 million20 project.21
Actually,22 the question was, what's the largest23 contract you will award in Fiscal Year24 '12?25 269 4/12/11 - WHOLE - BILL 1101371 COMMISSIONER NEUKRUG: Well, in2 Fiscal Year '12, the largest that we will3 be awarding is the Venice Island4 stormwater retention basin.5
And that6 contract does not exist in this fiscal7 year?8 COMMISSIONER NEUKRUG: That's9 correct.10
And do you11 intend for it to be a renewable contract?12 COMMISSIONER NEUKRUG: It will13 be a public works contract that will span14 several years.15
So it will16 have to come to Council for approval?17 COMMISSIONER NEUKRUG: No.18
Why would it19 not have to come to Council for approval?20 COMMISSIONER NEUKRUG: It's a21 Capital Program low bid project.22
Where are23 you in the RFP process on that?24 COMMISSIONER NEUKRUG: We25 270 4/12/11 - WHOLE - BILL 1101371 are -- it's not an RFP. It's a public2 bid, and we're very proud of the MBE and3 WBE goals for that project. It's at 304 to 35 MBE and 20 to 25 percent WBE.5 We're pushing the limits here with this6 project. We don't know whether the7 contractors will be able to meet those8 kinds of numbers, but we've been working9 with the OEO to take this and make this a10 very special project in terms of meeting11 minority and disabled business.12
Briefly13 describe the contract requirements.14 COMMISSIONER NEUKRUG: The15 contract requirements is to construct a 316 million gallon tank for stormwater and to17 build a Performance Arts Center on the18 lower portion of Venice Island.19
And you have20 identified the subcontracting21 opportunities as what?22 COMMISSIONER NEUKRUG: We'll23 have to get back to you with that24 information. It's available. I just25 271 4/12/11 - WHOLE - BILL 1101371 don't have it in front of me.2
How do you3 know you're pushing the goals if you4 don't know what the subcontract5 opportunities are?6 COMMISSIONER NEUKRUG: Well, I7 do not know. My staff certainly knows,8 because they've been working very9 diligently on this project, but --10
You made the11 statement that you're pushing the goals.12
We have13 Ms. Angela Dowd-Burton who is trying to14 help you out here.15 COMMISSIONER NEUKRUG: Okay.16
Good17 afternoon, Councilman Goode. My name is18 Angela Dowd-Burton, Executive Director,19 Office of Economic Opportunity.20 The goals for the Venice Island21 project fall into three areas, portions22 of the general contracting piece, the23 HVAC -- that's heating, air conditioning,24 ventilation -- the plumbing component and25 272 4/12/11 - WHOLE - BILL 1101371 the electrical as well. And the goals2 were reached basically looking at the3 number of companies in our registry that4 have the capability to perform those5 components of the capital project.6 Right now we're looking at7 capacity, of course, of the size of the8 contracts and we are working with the9 contractors to see if those goals, which10 are aggressive, are realistic as well.11
Okay. Ms.12 Dowd-Burton, while you're sitting there,13 I have to take this opportunity. The14 Water Department actually didn't put15 goals within their written testimony, did16 they?17
They actually22 had two parts of their testimony. One23 was submitted as a written testimony, a24 narrative, and they also had a schedule25 273 4/12/11 - WHOLE - BILL 1101371 that they attached to the document.2 COUNCILMAN GOODE:3 Commissioner --4
No. We were7 given written testimony. Most8 departments absolutely include those9 goals within their written testimony.10 They included it at the beginning of the11 testimony when they talk about how their12 budget is broken down or they include it13 at the end of the testimony. It's been14 fairly consistent. Why wasn't it in the15 written testimony?16 COMMISSIONER NEUKRUG: The17 paperwork was prepared and was submitted,18 but I assume that somewhere along the19 line, the two attachments were not put20 together. It's as simple as that. And I21 have a copy of it here in front of me and22 was not aware that it was not part of the23 testimony that was prepared.24
I'll accept25 274 4/12/11 - WHOLE - BILL 1101371 that.2 What's the largest contract3 that you are awarding this year?4 COMMISSIONER NEUKRUG: That we5 awarded this year? It's relief sewer in6 State Road, $49 million project, again7 public works, and it had participation of8 12.4 percent.9
Was that the10 goal in the RFP?11 COMMISSIONER NEUKRUG: No. The12 goal in the RFP I don't have in front of13 me.14 Twenty-five percent.15
And the goal16 within the contract is?17 COMMISSIONER NEUKRUG: I'm18 sorry?19
And the goal20 within the contract is?21 COMMISSIONER NEUKRUG: Is 12.422 percent.23
Okay. How24 do you reconcile that?25 275 4/12/11 - WHOLE - BILL 1101371 COMMISSIONER NEUKRUG: That2 was -- again, it was a public works bid,3 low bid.4
Are you5 serious? Is that your serious answer,6 that it came in at whatever and so you7 consider that to be a responsible bid?8 Were there 25 percent in contracting9 opportunities identified within the10 project or not?11 COMMISSIONER NEUKRUG: Is there12 somebody here who worked more closely13 with this?14
Good afternoon.15 Brian Mohl, Capital Program Manager,16 Water Department.17 The project on State Road was a18 large box sewer. The --19
My question20 was, you put out an RFP. You identified21 subcontracting opportunities. You set a22 goal of 25 percent. Why did you set a23 goal of 25 percent if the opportunity did24 not exist?25 276 4/12/11 - WHOLE - BILL 1101371
They did their10 good-faith effort by soliciting minority11 firms in accordance with the OEO.12
Then you16 said they did their good-faith effort.17 Those are two separate things.18
The contractor has24 to show us why they can't reach those25 277 4/12/11 - WHOLE - BILL 1101371 goals, and they solicit minority firms in2 those areas and actually all areas of3 where they think that they can --4
In the areas where12 they think that they can perform those13 tasks, if the contractor proves or shows14 that either a contractor or a sub does15 not exist in those areas or any of the16 areas where he can't do the work or can't17 do it cheaper --18
Available, exist.21 Available, exist, basically the same22 thing.23
They're not24 the same thing. If you identify 2525 278 4/12/11 - WHOLE - BILL 1101371 percent in opportunities and then you end2 up with 12 percent in the contract --3
-- the issue5 is, 25 percent could exist in terms of6 opportunity and then there may only be 127 percent availability, which I still don't8 buy.9 Ms. Dowd-Burton, I don't need10 any assistance right now.11 So what did the contractor tell12 you he did?13
But you say19 the contractor established for you that20 25 percent of a $49 million contract was21 not available, that only 12 percent of a22 $49 million contract was available?23
But you25 279 4/12/11 - WHOLE - BILL 1101371 don't remember why?2
Go to your4 second largest contract. What is that?5 COMMISSIONER NEUKRUG: The6 second largest contract is BRC.7
Speak8 louder, please.9 COMMISSIONER NEUKRUG: Is BRC,10 our Biosolids Recycling Center.11
And that is12 a for-profit?13 COMMISSIONER NEUKRUG: That is14 a for-profit operating contract for15 interim operations of the facility,16 design of the facility, construction of a17 new pelletizing facility and long-term18 operations.19
For how20 much?21 COMMISSIONER NEUKRUG: Well,22 the total, which is a 20-year contract,23 is $58 million.24
Okay.25 280 4/12/11 - WHOLE - BILL 1101371 COMMISSIONER NEUKRUG: But for2 the current fiscal year, it's a much3 smaller amount.4
So it's a5 20-year contract?6 COMMISSIONER NEUKRUG: It's a7 20-year contract.8
That did not9 have to come to City Council?10 COMMISSIONER NEUKRUG: Yes, it11 did. It did. And it has a total12 participation of 32 percent.13
Okay. How14 many years has the firm held the15 contract? How old is the contract?16 COMMISSIONER NEUKRUG: The17 contract is two years old -- three.18
What was the19 goal identified in the RFP?20 COMMISSIONER NEUKRUG: Fifty,21 5-0.22
So the goal23 identified within the contract was 5024 percent?25 281 4/12/11 - WHOLE - BILL 1101371 COMMISSIONER NEUKRUG: That's2 what I'm hearing from my staff, yes.3
And the4 goal --5 COMMISSIONER NEUKRUG: I don't6 think that's right.7
I think there8 is some confusion between what was in the9 actual bid or RFP and what the actual10 contract document stipulates. I will say11 that this project even though it has been12 in place prior to my coming to OEO, it13 includes equity participation and --14 COUNCILMAN GOODE:15 Ms. Dowd-Burton?16
What was the25 282 4/12/11 - WHOLE - BILL 1101371 goal in the RFP?2 COMMISSIONER NEUKRUG: I'm3 looking at a piece of paper here that4 gives me that there are five different5 phases and each phase has a different6 goal.7
Was there an8 overall goal in the RFP?9 COMMISSIONER NEUKRUG: The10 overall goal -- I'd say no. For11 example --12
Was there a13 total contract dollar amount?14 COMMISSIONER NEUKRUG: I think15 we don't have the answers for you and16 we'll have to get back to you.17
No. We're18 going to stay here.19 COMMISSIONER NEUKRUG: Okay.20
What's the21 total contract amount?22 COMMISSIONER NEUKRUG: The23 total contract amount is $58 million.24
What was the25 283 4/12/11 - WHOLE - BILL 1101371 total DBE goal?2 COMMISSIONER NEUKRUG: Well, as3 I said, there are different pieces to4 this. There's an interim operations5 goal. That's a 16 million point 6 --6 because it's broken up into five7 different phases.8
I'll wait9 while you do the math, and then tell me10 what the total DBE goal is.11
Hello, Councilman.12 My name is Jim Bolno. I've been involved13 with the privatization project at the BRC14 since its inception and --15
I'll have to check18 what the RFP goal is. However, I know19 that --20
I know what we've23 been achieving. I'm not sure what the24 goal is. I do know we have been25 284 4/12/11 - WHOLE - BILL 1101371 exceeding our goal.2
Okay. I'll have to5 double-check that. I think our goal was6 50 percent and we have been achieving7 about 75 percent in the first three years8 of the contract. This is considered a9 great success story by the Office of --10
What11 percentage of the contract has been12 implemented?13
A hundred percent18 of the contract is implemented. It is a19 23-year contract.20
Then the24 entire contract has not been implemented.25 285 4/12/11 - WHOLE - BILL 1101371
Okay. Excuse me.2 I didn't understand what you were saying.3 But we are in the third year of a 23-year4 contract and we are surpassing by, I5 believe, about 25 percent the goals that6 were established.7
I asked you8 a specific question. I asked you what9 percentage of the 23 years worth of work10 has been done in the three years. What11 percentage of total contract dollars, of12 the 23 years in contract dollars, has13 been spent in the first three years.14 Because if you want to tell me you're15 achieving 75 percent on two percent of16 the contract or five percent of the17 contract or ten percent of the contract,18 we're still going to be here for a long19 time.20 DEPUTY COMMISSIONER McCARTY:21 If I may, Councilman. Debra McCarty.22 I'm the Deputy Commissioner of23 Operations.24 It's a phased contract.25 286 4/12/11 - WHOLE - BILL 1101371
I get that.2 DEPUTY COMMISSIONER McCARTY:3 So the first three to five years, the4 contractor is operating the facility, the5 de-watering facility and --6
How much7 does the contractor get paid for the8 first three years?9 DEPUTY COMMISSIONER McCARTY:10 Well, the first -- the interim fee for11 Fiscal '09 was 21,813 -- $21,813,824;12 Fiscal '10 was $20,792,641; and Fiscal13 '11 is estimated to be 22,593,167. So14 during the first three to five years, the15 contractor is also building the16 heat-drying facility.17
My question18 is, what percentage of those contract19 dollars have gone to disadvantaged20 businesses?21 DEPUTY COMMISSIONER McCARTY:22 What phase?23
Over the24 last three years.25 287 4/12/11 - WHOLE - BILL 1101371 DEPUTY COMMISSIONER McCARTY:2 That is -- so that's been about 753 percent. Yeah, 75 percent for the4 last -- this phase that we're in now.5
Explain6 that.7 DEPUTY COMMISSIONER McCARTY:8 I'm sorry. What?9
Explain10 that.11 DEPUTY COMMISSIONER McCARTY:12 The contractor is responsible for13 operating the facility, the de-watering14 facility, and land applying -- or moving15 the sludge, the de-watered sludge, out of16 that facility. So the contractor is --17 75 percent of the contract is being18 spent -- a large portion of it is to move19 the material off site and dispose of it.20
Which21 disadvantaged businesses got the work and22 how much did you pay them?23 DEPUTY COMMISSIONER McCARTY:24 Well, we have a contract with Synagro and25 288 4/12/11 - WHOLE - BILL 1101371 they have the contract with these2 vendors.3
And which4 disadvantaged contractors got the work5 with Synagro and how much did Synagro pay6 them?7
I told you10 you're not. You're going to give me that11 information now.12 DEPUTY COMMISSIONER McCARTY:13 We'll work on getting that for you. We14 don't have --15
You don't16 know because you're not tracking it.17 DEPUTY COMMISSIONER McCARTY:18 Not off the top of our heads, sir.19
Well, did20 you bring the information with you?21 DEPUTY COMMISSIONER McCARTY:22 Possibly.23
Okay. We'll24 wait.25 289 4/12/11 - WHOLE - BILL 1101371 (Pause.)2 COMMISSIONER NEUKRUG:3 Councilman, I'm sorry to report that we4 don't have that information in this room.5
So you have6 contracts for tens of millions of dollars7 that you're letting. You claim you have8 participation goals. You put out RFPs9 that may go out at 25 percent and the10 contract comes back at 12, another RFP11 that goes out at 50 percent and the12 contract turns out to be 32 percent.13 You know these questions are14 going to be asked. There's no excuse for15 not actually bringing the information16 with you. My guess is, you don't have17 the information. My guess is, Synagro18 didn't give you the information, and19 whatever they reported to you, they don't20 think that you're going to hold them21 responsible. But since it's a 23-year22 contract, we're going to discuss this23 every year that I'm here, and you're not24 just going to get back to me with25 290 4/12/11 - WHOLE - BILL 1101371 information, you're coming back with the2 information.3 COMMISSIONER NEUKRUG: And,4 Councilman, respectfully I appreciate5 what you're saying. In many ways you're6 absolutely correct, more information7 should have been brought here. I did not8 know that --9
And you're10 coming here with the information.11 COMMISSIONER NEUKRUG: Just so12 you know, I'm with you. I get where13 you're trying to head, and I agree with14 you and I agree with the policy, and15 we'll do everything we can to make sure16 that we live up to your expectations on17 the policy.18
Thank you21 very much.22 The Chair recognizes23 Councilwoman Blackwell.24
I did25 291 4/12/11 - WHOLE - BILL 1101371 have a question, but it can wait until2 they return. Thank you.3
All right.7 Thank you very much.8 COMMISSIONER NEUKRUG: Thank9 you.10 MR. McPHERSON: The next11 department is the Division of Aviation.12 (Witnesses approached witness13 table.)14
Thank you18 for coming. Would you please state your19 name for the record and begin your20 testimony.21 Could we ask those who are22 leaving to leave quietly, please. Thank23 you.24
Good afternoon,25 292 4/12/11 - WHOLE - BILL 1101371 Madam Chair and other members of City2 Council. My name is Mark Gale. I'm the3 Chief Executive Officer at Philadelphia4 International Airport and I'm here to5 provide testimony to you today on behalf6 of Division of Aviation's FY 20127 Operating Budget.8 I believe you have a copy of my9 full testimony. Would it be permissible,10 Madam Chair, to read an abbreviated11 version just highlighting the testimony?12
15 Philadelphia International16 Airport is one of the largest economic17 engines in Pennsylvania, generating over18 $14 billion annually for the regional19 economy. 5 The state of the airline6 industry has improved since last year,7 and while challenges and uncertainties8 still remain, there is a strong sense of9 optimism and signs of recovery. 3 percent only, but recent12 activity shows a much more positive13 trend. A snapshot of the most recent six14 months shows an increase of 4 percent15 over last year. Airline consolidation16 practices continue to change the17 landscape of the airline industry. S. 5 To meet both current and future6 demands, the Airport is moving forward7 with facilities improvements and8 modification programs. 13 From power ports to pet ports,14 PHL has repeatedly been recognized for15 enhancing the traveler's experience and16 overall customer service. Examples17 include the Airport's arts and18 exhibitions program, the cell phone lot,19 free WiFi for all passengers every day20 all day and power passenger ports to21 charge cell phones and laptops free of22 charge. Also, in partnership with Albert23 Einstein Health Care Network, ten24 airlines and the Transportation Security25 295 4/12/11 - WHOLE - BILL 1101371 Administration, the Airport has initiated2 a program that allows children affected3 with autism to become more familiar with4 the sites and sounds of travel before5 taking a real trip on an airplane. S. 10 A key customer service aspect11 continues to be the quality of our12 concession program. 1 million square feet5 terminal complex and 2,400-acre PHL site,6 as well as our Northeast Philadelphia7 Airport. 10 Philadelphia International11 Airport is committed to diversity and12 inclusion. 17 Again, just anecdotally,18 yesterday, Madam Chair, the Airport held19 an Economic Opportunity Forum down at the20 Airport at the Airport Marriott attended21 by over 350 representatives from over 20022 firms, and of those 200 firms, over 7023 percent of those firms were DBE firms24 that came looking for future25 297 4/12/11 - WHOLE - BILL 1101371 opportunities at the Airport. 4 In addition, the Airport5 continues to provide the City's Office of6 Economic Opportunity outreach seminars7 and is advancing the Administration's8 goal of 25 percent minority, women and9 disabled-owned business participation in10 City contracting. 6 percent. 22 Department of Transportation23 Disadvantaged Business Enterprise24 Program. 3 In addition to promoting and4 monitoring DBE participation in the5 professional service and public works,6 the Airport focuses on minority, female7 and disabled participation in PHL's8 concession program. 16 Federal regulations established17 the Airport Concession Disadvantaged18 Business Enterprise Program in 2005. 13 In addition, the Airport's14 current Public Venue Recycling Program is15 on target to recycle over 300 tons of16 materials annually. 22 Air quality initiatives23 continue to benefit under the FAA's24 Voluntary Airport Low Emissions Program,25 300 4/12/11 - WHOLE - BILL 1101371 which has provided over $14 million in2 grant awards. 6 One of the most significant7 events in PHL's recent history occurred8 in December of 2010. A ten-year planning9 process and an extensive seven-year10 environmental review process culminated11 with the FAA issuing its record of12 decision approving the Airport's Capacity13 Enhancement Program. Receipt of this14 final document enables the Airport to15 proceed with the next steps required to16 expand and make critically needed17 improvements to ensure the Philadelphia18 International Airport is strategically19 positioned to meet future air service20 demands, enhance competition in a very21 global competitive market and maintain22 the region's economic vitality. 810 million passengers in 2010. In 2030,11 less than 20 years from now, passengers12 at the Airport are forecasted to rise to13 more than 52 million and 760,000 takeoff14 and landings.
The Capacity Enhancement15 Program is truly vital to ensuring the16 Philadelphia International Airport is17 strategically positioned to effectively18 handle this anticipated growth, as well19 as attract additional air service,20 especially new international21 destinations. 24 The CEP will create over25 302 4/12/11 - WHOLE - BILL 1101371 100,000 jobs during the 12-year2 construction period as the Airport3 expands. 10 The Airport is targeting 25 to11 35 percent DBE participation on a $612 billion program. 13 In moving forward, the Airport14 will be presenting to City Council later15 this spring a request to extend the16 current use and lease agreement with our17 airlines. That four-year agreement,18 which was effective July 1st, 200719 governing the airlines' rates and charges20 for operating at PHL, will expire this21 June 30th. 5 I thank you for the opportunity6 to testify in front of you today on our7 FY12 Operating Budget. I and senior8 Airport managers will be happy to answer9 any questions. With me to my right is10 Mr. Caleb Gaines. He is our Director of11 Compliance at the Airport. 15
Thank you16 very much. Very nice testimony. We have17 Councilman Kenney who has some questions.18
Thank you,19 Madam Chair.20 Mr. Gale, I just want to21 compliment you. I think that you and22 your staff run a terrific airport. I23 know a lot of times there are issues24 relative to delays and other things that25 305 4/12/11 - WHOLE - BILL 1101371 are beyond your control, weather related,2 FAA related, but I do believe you've3 done, since you've been there, done a4 tremendous job.5
I'm going8 to go into an area that is not going to9 be that pleasant, and I want you to10 understand that it's nothing to do with11 my opinion of how you run this airport or12 the job that your people do.13 On Friday -- and I do -- let me14 preface it by saying I do listen to your15 testimony relative to the CEP, and I16 understand the importance of all that.17 On Friday last week, Councilman18 Jones and I had promised previously to go19 out to Tinicum. Councilman Jones had a20 family situation and was not able to be21 there, but his Chief of Staff, Al Spivey,22 was there, and we spent three hours in23 that community. Generally, Tinicum to me24 was something I drove by on the way to 9525 306 4/12/11 - WHOLE - BILL 1101371 to go deeper into Delaware County or to2 go to the Airport, and I can tell you,3 even in light of your comments relative4 to the importance of the CEP, that's a5 real viable, decent, blue-color,6 tax-paying, hard-working community, and7 it's not a blighted area with empty8 houses and things falling down. There9 are people there who have lived and10 improved their properties and take pride11 in their homes and they have -- matter of12 fact, their grade school, which they were13 nice enough to take us on a tour of, was14 one, I think, 200 in the nation that are15 Blue Ribbon schools.16 It's beyond my imagination that17 I could ever participate in casting a18 vote either in the Finance Committee or19 on the floor of this Council that would20 take 80 of those properties away from21 those folks and take 20 of their22 businesses away. There are 4,500 people23 who live in the community daily, and24 every day during the week Monday through25 307 4/12/11 - WHOLE - BILL 1101371 Friday, there are 20,000 people in that2 community doing work and making a living3 and paying taxes.4 Now, while I recognize the5 importance of progress, I don't know how6 we rationalize what we're going to do7 there, what the plan is there. The8 movement of UPS, which is part of this9 Plan A, to me -- in private conversations10 with folks, they're not all that thrilled11 about the move. They're scheduled to be12 moved into what I view as an13 environmental area that may have all14 kinds of problems. They're going to be15 constrained in their ability to expand,16 and basically we're going to take 8017 houses for a setback for a runway.18 And the other issue, frankly,19 is that if we continue to move in this20 direction, we could lose the Airport. I21 mean, we understand that there is enough22 of a rumble or rumbling within the23 republican-controlled House and Senate24 and the republican Governor's Office that25 308 4/12/11 - WHOLE - BILL 1101371 if we continue to go in this direction,2 we could lose our Airport by way of3 Parking Authority, by way of the port,4 and I don't want to see any of that5 happen.6 Now, the bonds that are7 necessary to do this overall project, is8 it all for the runway or is it various9 parts and pieces of improvement there?10 Could you explain?11
I will, Councilman.12 And, first, thank you for your comments.13 I do want to clear up at least one14 misunderstanding, if you will, in terms15 of the approach for the Airport with16 respect to the community and the17 sensitivity of what's at stake here.18 We at the Airport have never19 downplayed the seriousness that we have20 homes that we have proposed to21 voluntarily acquire and that people live22 in those homes and some of them have23 lived in there for generations. It's not24 an easy thing. At the same time, we're25 309 4/12/11 - WHOLE - BILL 1101371 trying to balance the future needs of2 this entire region and put Philadelphia3 into a position where it can compete with4 our neighbors to the north in Newark,5 which we've discussed before, that6 unfortunately do a much better job in7 terms of getting across the globe than we8 do, and to our south in Washington Dulles9 area. We want those travelers to come10 through our airport. We want the11 businesses that a global airport will12 attract here, and certainly the jobs that13 are created and the economic growth that14 goes along with an airport expansion15 project like that has been repeated in16 not only in this house but outside. So I17 want --18
Have the19 Airport representatives met with and20 spent that kind of time with the people21 that we spent with last Friday?22
Because24 I've asked that question. I said has25 310 4/12/11 - WHOLE - BILL 1101371 anybody from the Airport kind of done2 this tour and talked to these people and3 looked at these homes, and they said no.4 So I wanted to know what you felt the5 engagement of the Airport was.6
We have spent a lot7 of time in the Township. Again, I'm a8 20-plus year employee at the Airport.9 I've had countless meetings in Tinicum10 Township over the past two decades, and I11 think our relationship could have been12 classified as better or sometimes worse13 at others, and I think that this14 unfortunately may fall into the situation15 where it's not as good as we would like16 it to be.17 As recently as last month,18 knowing that we were trying to continue19 to work things out not only with Tinicum20 Township but Delaware County and the21 Interboro School District, who they have22 sued us in order to stop expansion of the23 Airport and that currently resides in24 federal court, we have never shied away25 311 4/12/11 - WHOLE - BILL 1101371 from opportunities to try to seek some2 type of resolution or settlement in order3 to move forward with this. I asked for4 our attorney to reach out to their5 attorneys to offer to meet, and we6 unfortunately received an answer back7 that they were not interested in meeting.8 We have continued an open-door9 policy with respect to that, and we10 continue to try to search out ways that11 would meet the needs of not only being12 able to relocate UPS, keep those jobs and13 that tax revenue in Delaware County for14 their purposes, provide for the new15 runway that will set Philadelphia up not16 for next year or five years or ten years17 from now but literally for 20, 30, 4018 years, long-range planning to put19 Philadelphia in the proper place, but yet20 at the same time, what can we do that21 wouldn't necessarily require the22 acquisition of the homes and the23 businesses.24 Unfortunately, it's a finite25 312 4/12/11 - WHOLE - BILL 1101371 parcel there, and UPS, you've stated,2 they've been good about talking to us.3 They understand the long-range need for4 this, but they also want to have a5 long-range need here at Philadelphia6 themselves. So we've been working with7 them to try to accommodate a replacement8 facility for UPS. They sit on over 2009 acres of land right now, and even on our10 best efforts, trying to accomplish a11 relocation of UPS and provide for future12 growth for the Airport, international13 terminal growth, cargo growth, it14 requires everybody to take something15 much, much less, and we're not really16 sure that the much, much less is going to17 work for UPS in this case here.18
The issue19 of revenue replacement, I mean, the 8020 homes alone, there's no -- where is the21 potential to replace that revenue for22 their township, which goes to pay for23 their schools and public services when24 it's now a runway or a setback for a25 313 4/12/11 - WHOLE - BILL 1101371 runway and not a tax ratable?2
I think we've always3 been open to discussions about how we4 might come to some type of an agreement5 to replace lost revenue in terms of6 moving forward with the Airport. The7 Airport had an agreement with Tinicum8 Township and the taxing authorities for9 ten years, which expired in 2007. That10 was a settlement agreement that was done11 in order to provide for the land12 necessary to build the new international13 terminal, something that I think has been14 wonderful for this entire region and has15 permitted U.S. Airways to grow its16 gateway.17
PILOTs are illegal,20 Councilman. We're not allowed to use the21 term "payments in lieu of taxes."22
So what's2 the issue relative to 2007 when the3 payments stop? Is that the end of the4 agreement?5
Since 2007, they've10 been -- my predecessor, Charlie Isdell,11 actually was involved in discussions.12 They go back that far. Unfortunately, I13 think that the Airport and the Township14 in particular reached an impasse whereby15 it is the basis for a lawsuit right now.16 And I don't want to get too far into the17 litigation with my attorney here, but I18 think that we've always been open to try19 to settle the differences between the20 Township, the County and the School21 District to provide for the appropriate22 replacement of revenues that they may23 lose, but yet balance the needs of the24 region and the Airport in order to grow.25 315 4/12/11 - WHOLE - BILL 1101371
But what2 you're telling me is that the plan that's3 currently on the table is the only4 iteration that's possibly done? I5 understand there's 29 different6 iterations of this expansion of the7 Airport. We whittled it down to three,8 and now there's a recommending of one,9 and that's the only one that's possible?10
That only one that's11 possible or the preferred alternative of12 the three that were boiled down to,13 Councilman --14
The 29 in the20 Airport's Master Plan was really a very,21 very unconstrained approach. It had22 runways going in all different23 directions. It really had no limits, no24 boundaries. When you start to apply25 316 4/12/11 - WHOLE - BILL 1101371 boundaries and criteria, that you might2 not be able to move I-95, you're not3 going to be able to move the John Heinz4 Wildlife Refuge, you're not going to be5 able to move the river, there are two6 huge bridges, the Platt Bridge and the7 Girard Point Bridge, which represent8 obstructions to aircraft arriving, all9 that criteria whittled those types of10 different concepts down. There was one11 concept that we thought had a lot of12 merit, but the FAA took it out for safety13 considerations, which would have changed14 the direction of the runways, but it15 would have had airplanes flying over the16 John Heinz Wildlife Refuge, which for17 safety considerations they took that out.18 So the three alternatives that19 were finally put -- that the FAA20 reviewed, the no-built alternative, do21 nothing, and the two alternatives,22 Alternative A and Alternative B, both23 alternatives called for a new runway in24 the location that UPS currently resides,25 317 4/12/11 - WHOLE - BILL 1101371 and both alternatives called for the2 relocation of UPS over into the northwest3 corner of the Airport.4
Well, the original7 boiling down was done by the Airport with8 its master planning consultants. Then9 that review was picked up by the FAA and10 analyzed over the last eight years.11
But that12 was not a public process, the boiling13 down of 29 to three?14
I think it was not15 necessarily a matter of public process,16 but in Master Plan committees -- as far17 back as 2002, Councilman, the Airport18 Master Plan committees that were set up19 that had different types of20 representation on it, some of them were21 technical in nature, some of them were22 airlines, some of them were different23 stakeholders, there was stakeholder24 representation from the Township. We had25 318 4/12/11 - WHOLE - BILL 1101371 at least two Tinicum Township2 Commissioners that sat on our committees3 as far back as 2002 when these plans were4 discussed.5
Has the EPA6 been involved in any of this planning or7 any of this boiling down to three?8 Because the area that I saw which is9 proposed to be the UPS location seems to10 me to be kind of an environmentally11 important area. I mean, it's not the12 John Heinz Wildlife Center, but it's13 certainly land that seems to be wooded14 and green. Are there any --15
Yeah. It's18 the end of the street, at the end of that19 one street where it backs up against this20 wooded area.21
Notwithstanding pure22 acreage, in order to do the Airport's23 Capacity Enhancement Program as laid out24 through the documents, there are some25 319 4/12/11 - WHOLE - BILL 1101371 1,130 acres of land that need to be2 acquired or readjusted in some form or3 fashion. The residential property4 accounts for less than one percent of5 that, or about 7.7 acres of land. But6 it's still a very, very important 7.77 acres, particularly if you live in one of8 those homes.9 The area that's behind the10 homes is undeveloped property right now,11 which is commercially available and --12
The13 original question was, did the EPA have14 any input or express any opinion relative15 to where -- relative to the location of16 the UPS --17
-- and the19 filling in of the river to accommodate20 the runway? And EPA has signed off on21 both?22
Councilman, as part23 of the environmental impact statement24 process, in 2002 the Airport's project25 320 4/12/11 - WHOLE - BILL 1101371 was one of 13 projects named by then2 Secretary Mineta as a high infrastructure3 or high priority infrastructure project.4 We were the only airport project on that5 original list of 13.6 In July of 2003, the notice of7 intent was filed in order to move that8 environmental process forward. As part9 of that package, being the first airport,10 we were named under a Presidential11 Executive Order for environmental12 streamlining, and what that meant was, in13 order to streamline the process, given14 its high value and priority and15 importance not just to Philadelphia but16 to the entire national airspace system,17 some 17 regulatory agencies, including18 the EPA, signed on and were part of the19 review process, working side by side with20 the FAA and a multitude of consultants21 over the last eight years.22
And that23 includes the filling in of the portion of24 the river that's needed for the runway?25 321 4/12/11 - WHOLE - BILL 1101371
So there's3 no -- I mean, we lost the food center at4 the Navy Yard for two brown eagles. So5 you're telling me that there's no6 wildlife issues, fish issues, riverbed7 issues? Everything can be --8
No, I'm not telling9 you that at all, Councilman. I'm saying10 that in the record of decision, we are11 still required to, as we move forward, to12 follow all federal, state, local13 environmental permitting and other14 procedures, so --15
So we don't16 know at this point whether we can17 proceed?18
I think we'll hit19 issues along the way, but I think there's20 been sufficient study. We know, for21 example, that there are a number of22 wetlands that will be impacted as part of23 this process. That was identified. We24 will not be able to move forward with the25 322 4/12/11 - WHOLE - BILL 1101371 project until such time as we mitigate2 and provide replacement wetland3 opportunities.4 In addition, the fill that goes5 in for the river, the 23 and a half6 acres, we have to accommodate for that.7 We have to replace wetlands and waterways8 in order to accommodate those things.9 This isn't something that is10 blessed and everybody has reviewed it and11 they're going to walk away from the12 table. This still is an effort that's13 going to require ongoing looks from the14 Pennsylvania DEP, the EPA and many other15 agencies.16
Let me just17 finish with the political potential.18 And, again, if you feel that you're not19 qualified to discuss the political20 potential, I understand. But the anger21 within the Legislature in that area I22 believe is sufficient to potentially move23 something that would take it away from24 us. What does that do to your plans? I25 323 4/12/11 - WHOLE - BILL 1101371 mean, what does the advent of an2 authority potentially, heavy Governor,3 heavy Legislature do to the Capacity4 Enhancement Plan if in fact we no longer5 can direct our own airport?6
I don't know if I7 can answer your question in full,8 Councilman. I think that over the last9 decade-plus, there have been a variety of10 bills that have been put forth in the11 State House to speak to some type of12 either governance change of the Airport,13 put it in with other airports around.14 I'm not really sure whether or not that15 authority exists for the state to fully16 do that. Maybe it does. I think that's17 for legal minds to figure out in this18 case here.19 What I would say is that20 regardless of what happens with the21 governance of the Airport, the problems22 will remain the same. The congestion and23 the chronic congestion and delay issues24 will still be there regardless of whether25 324 4/12/11 - WHOLE - BILL 1101371 the City of Philadelphia is running the2 Airport or somebody else.3
Well, I can4 tell you that when those other ideas were5 floated, there were other people in the6 Legislature at the time that had the7 capacity and the tenure and the ability8 to fight them off. They're not there9 anymore. I mean, there's -- what10 happened to State Representative Evans11 happened, that was the last of our real12 leverage there.13 So I would just caution you14 from my experience that they take what15 they want to take when they want to take16 it, and this is a reason that they will17 utilize to take it.18 Now, you talked about19 congestion. I wanted to know if you20 could rank for me the reasons -- the21 following reasons why for congestion and22 delays at the Airport. Could you give me23 the number one reason why there's24 congestion at the Airport?25 325 4/12/11 - WHOLE - BILL 1101371
I think it changes2 frequently, Councilman. The number one3 reason for delay at the Airport typically4 ends up in bad weather conditions,5 Philadelphia International Airport does6 not have the ability to run the type of7 approaches that eight out of the top ten8 airports in the country currently have9 the ability to do. The two that don't10 have the ability to do that, one of them11 is Philadelphia. The second one is Las12 Vegas. The other ten all have the13 ability to run dual simultaneous14 independent approaches into their15 facility.16
So it's got17 less to do -- it's got more to do with18 that than it has to do with the fact that19 the airspace that's available between New20 York and Washington is constrained in bad21 weather. So that whole anecdote about22 having the FAA pull airspace from us to23 accommodate JFK, Newark and Dulles is not24 accurate?25 326 4/12/11 - WHOLE - BILL 1101371
The FAA has2 admitted, Councilman, that airspace3 changes need to occur as well as4 on-the-ground changes. Our runways, our5 two primary runways, are spaced too close6 together in order to allow those type of7 operations to continue.8 Having said that, I put it this9 way: We can do all the changes on the10 ground that we might want to do, but if11 we don't work side by side with the FAA12 in terms of airspace changes, in terms of13 implementing new technology that come14 about as part of what you've heard is15 NextGen, then I don't think we will have16 accomplished very much. Likewise, the17 FAA can do all the airspace improvements18 that they want, including NextGen, but if19 we don't do the improvements that are20 necessary on the ground, we won't21 accomplish anything that way either. It22 has to be something that goes hand in23 hand and something that we've talked very24 frankly with the FAA, and they've25 327 4/12/11 - WHOLE - BILL 1101371 committed that they will be working with2 us over the next ten years as the runway3 would be developed.4
Well, just5 in closing, I just want to reiterate my6 position that I am very uncomfortable7 with doing anything in an omnibus type of8 bond request that would include the9 taking of these homes and businesses. I10 would be happy to vote for something that11 would get the other work started at the12 Airport, because I think we need the jobs13 and we need the opportunity there to14 improve our facilities, but I just want15 to give you a heads-up that at least from16 this particular member, what I saw there17 Friday makes it very difficult for me to18 cast a vote to take those people's homes.19
Councilman, I remain20 committed to not only trying to work21 things out with the Township and the22 County on the appropriate path forward, I23 remain committed to try to answer all24 your questions and make you more25 328 4/12/11 - WHOLE - BILL 1101371 comfortable with the situation.2 You asked an earlier question3 that I didn't get a chance to answer,4 which was when we talk about a5 multi-billion-dollar expansion plan, is6 it all toward the runway. No, it's not.7 Probably less than half of the total plan8 goes to the runway and the runway9 extensions that are proposed. The other10 half go towards improvements, such as an11 automated people mover system that you12 find today in Dallas and Detroit, new13 terminal buildings, new cargo facilities14 so that we can actually compete better15 with the likes of JFK instead of shipping16 it up the Turnpike and --17
So all of those20 things, Councilman, are part of that21 larger package.22
But I do23 believe if it comes all in one, there may24 be a problem.25 329 4/12/11 - WHOLE - BILL 1101371
Thank you9 very much.10 The Chair recognizes Councilman11 Goode.12
Thank you,13 Madam Chair.14 Good afternoon, Mr. Gale.15
Mr. Gale, I18 just finished having a conversation with19 the Water Department about two contracts,20 one which was roughly 50 million, the21 other one was roughly 60 million, which22 is about one percent or less than this23 expansion project. What we found in the24 process was that they issued one RFP for25 330 4/12/11 - WHOLE - BILL 1101371 25 percent, 25 percent participation,2 then only had 12 percent participation in3 the contract. For another RFP, they4 cited 50 percent participation rate and5 then in the actual contract, it was only6 32 percent.7 In both your participation rate8 for expansion project and for your9 department during the fiscal year, you10 use the 32 percent figure. Where did11 that 32 percent figure come from and why12 are those figures the same for both13 department within one year and expansion14 project? In other words, why should I15 believe the 32 percent number is real and16 what does it really represent?17
If I might,18 Councilman. Cal Gaines, my Director for19 Compliance, who not only is highly20 familiar with the DBE program, but the21 federal side of DBE program and how it22 changes back and forth between the two,23 as well as our airport concession24 program, which has a totally different25 331 4/12/11 - WHOLE - BILL 1101371 disadvantaged business program, I think2 is prepared to answer the question of how3 those numbers came about.4
Would you9 identify yourself for the record, please.10
I'm sorry. My11 name is Caleb Gaines. I'm the Director12 of Compliance for the Airport.13
The question14 is simply where did the 32 percent figure15 come from.16
The 32 percent was17 a projection of what we believe for FY1218 we would be able to achieve. That was19 based upon what the goal was, what we20 achieved the last time, plus what the21 federal dollars would be. When we add in22 the federal dollars to the FY goal, we23 believe in everything that it will exceed24 the 32 percent.25 332 4/12/11 - WHOLE - BILL 1101371
What does2 the 32 goal for the Airport expansion3 represent?4
That represents in5 everything the overall goal of what we6 believe and everything based upon what7 the expenditures will be that we will be8 able to achieve that particular 329 percent. We want to keep that goal to be10 consistent.11
That does12 not tell me what the 32 percent goal13 represents in terms of real14 opportunities.15
That goal is --16 the opportunities would be construction17 management. It would also be accounting18 opportunities, we think graphic design19 opportunities. There's also design20 opportunities as well as a part of that.21
I get that22 it's a $6 billion project. I believe23 actually the range -- I've been using 3224 percent. The range is actually 25 to 3525 333 4/12/11 - WHOLE - BILL 1101371 percent. It represents $1.5 billion or2 $2 billion. The issue is, how real is3 that for disadvantaged businesses? And4 even if you put out an RFP at one5 percentage level, what are you going to6 do to ensure that? And the further7 question is more specifically -- and I8 know that you are well versed in both the9 federal program, transportation program,10 and the City program. Part of what we've11 been trying to do with economic12 opportunity plans and we passed an13 ordinance a couple years ago, it wasn't14 originally being implemented. Recently15 I've had the conversation about making16 sure that certain provisions are17 implemented regarding whenever someone18 submits an economic opportunity plan,19 they have to submit their diversity track20 record.21 So my question is, to what22 extent in terms -- when you go out to bid23 these things and when you award these24 contracts, to what extent are you holding25 334 4/12/11 - WHOLE - BILL 1101371 contractors responsible from the very2 beginning of telling you what they've3 achieved in the past?4
Well, what we're5 going to be doing is, we will be6 monitoring those contracts. We have7 monthly meetings to track project by8 project to make sure --9
My question10 was, what are you doing to make sure that11 these potentially prime contractors give12 you their diversity track records within13 the RFP process and within the contract14 award process to make sure they've15 actually practiced diversity in the past16 before you assume they're going to be17 able to do it now?18 When I was talking to the Water19 Department a few moments ago, they said20 that the contractor told them that even21 though there's a 25 percent goal, only 1222 percent was attainable. The question I23 would ask the Water Department if I24 brought them up again is, what has that25 335 4/12/11 - WHOLE - BILL 1101371 contractor achieved in the past. Maybe2 the contractor couldn't find3 subcontractors because the subcontractor4 isn't good at finding subcontractors, and5 so maybe that contractor should not have6 received that award, or maybe there7 should have been more due diligence in8 the beginning by the department to make9 sure that the contractors that are even10 being invited to bid have to tell you11 what their diversity track records are so12 that you know they're serious in that13 regard.14
That's a very good15 point you raise, Councilman Goode. I16 think what we would have to do with these17 particular contractors and everything is18 do our homework and go back and review19 their participation, their records and20 what they've done, and then we can use21 that in terms of evaluating whether or22 not a contract should be awarded to that23 particular firm. If they have not24 achieved significant participation with25 336 4/12/11 - WHOLE - BILL 1101371 minorities and women in the past, then we2 should not be dealing with them. They3 should not get a contract. But we have4 to go back and to review their record.5
Because if I6 was upset about a $50 million contract or7 a $60 million contract, you know I'm8 going to be upset about a $6 billion9 project and in terms of whether we've10 been inviting people to bid who don't11 practice diversity or never practice12 diversity or not willing to prove it.13
Councilman, if I can17 add just one point on the back side of18 that. The outreach forum that I spoke19 about in my testimony that we held20 yesterday at the Airport with over 20021 firms, 75 percent of them were DBEs.22 Many, if not all, were local firms here.23 The contract that we have out24 on the street now, the request for25 337 4/12/11 - WHOLE - BILL 1101371 qualifications for program management2 services to actually start to put the3 administrative legs under the CEP, I've4 met with all of the firms that intend to5 prime on that, and they know that I am6 dead serious when I said, before everyone7 left the office, You need to make sure8 that you not only meet these goals, but9 you do every attempt to exceed these10 goals, and that was reiterated yesterday11 and it's going to be reiterated again and12 again and again in additional future13 outreach forums, in addition to the14 monitoring piece that Cal has talked15 about. And when qualifications are16 submitted, we're going to be taking a17 look to see how they've competed in the18 past.19
That makes20 it even easier. If you believe you know21 who the potential prime contractors are,22 you can directly request from them what23 their diversity track records are and you24 can forward that information through the25 338 4/12/11 - WHOLE - BILL 1101371 Chair.2 Thank you, Madam Chair.3
I had an11 opportunity to be debriefed by my Chief12 of Staff who went out to Tinicum13 Township. We equally offered you guys14 also and would look forward to taking15 advantage of taking a tour of that area16 from your perspective as well.17 I'm deeply concerned about 8318 households and a major portion of Tinicum19 Township being impacted by this. That's20 the humane thing to do. That's the good21 neighbor thing to do.22 I'm more concerned about the23 potential of a takeover of one of our24 major assets, and we need to navigate25 339 4/12/11 - WHOLE - BILL 1101371 that political minefield carefully.2 So having said those things and3 looking forward to going down and taking4 a look at what your plans are, let me ask5 two quick questions. One is, can we6 de-couple some of the project to deal7 with the runway or does the timeframe8 require us to move down both construction9 tracks? I know you're doing two10 terminals, one runway and a people mover,11 if I understand the construction, and the12 relocation of UPS. So are you doing it13 in phases that allow for the permits, the14 negotiations, the potential lawsuits to15 work themselves out, thus de-coupling the16 procurement opportunity?17
Councilman, I would18 say that to some degree, the de-coupling19 that you speak of will be there in terms20 of we will be letting individual RFPs,21 RFQs go for pieces of the project, trying22 to bundle those pieces together so that23 if it, let's say, has to do with a runway24 extension, that we have all the pieces25 340 4/12/11 - WHOLE - BILL 1101371 that were necessary, but it may have2 multiple contracts that go along with3 that. And we will be doing that in a4 phased approach over the next 13 years,5 consistent with not only the ability to6 go out and bond for several billions of7 dollars, but also to be working with our8 stakeholders as we make our way through9 the process.10 I can't do a $6 billion project11 in three years. The cash flow just does12 not permit it. I'd like that the project13 would be done quicker than later, but it14 is a long burn. There's a lot of phasing15 and there's a lot of complexity that go16 along with this.17 What we want to try to make18 sure is -- and I've said this before --19 in the process of trying to make the20 Airport better, I don't want to make the21 Airport worse, and that's going to be22 something that we have to very, very23 carefully navigate through over the next24 decade, that as projects are being done,25 341 4/12/11 - WHOLE - BILL 1101371 that we're making sure that we have all2 the stakeholders involved in the process.3 The way the FAA looked at the4 EIS process, though, they do not really5 give us the ability to, quote, say we're6 only going to do the runways and not do7 the terminal buildings, or we're only8 going to do the terminal buildings and9 not the runways. To them it truly is you10 need to do the entire project. If for11 some reason events in some time in the12 future occur that derailed where we were,13 we would probably have to go back to the14 FAA and have a supplemental environmental15 process convened.16
I don't17 relish the idea of working with such a18 large bureaucracy. They take yes's very19 seriously and very slowly, and then when20 you ask them again a second time, it21 could be not in our lifetime. So I want22 to proceed with caution.23
I have a request24 into them for over half a billion dollars25 342 4/12/11 - WHOLE - BILL 1101371 in funding, so I won't say anything2 negative right now.3
I4 understand.5 Let me get to some other6 background. Now, for the record, you7 deal with both the Northeast Airport and8 the main airport, correct?9
I asked in11 one other budget session how do people --12 have you done a study on how people get13 to the Airport and different modes of14 transportation, and have you assessed15 what they mean by way of growth, whether16 it's how do people -- do they come by17 vehicle, do they come by train and the18 like, or bus?19
For Philadelphia20 International, yes, we've undertaken21 those studies in the past to try to parse22 out how many come by the Airport rail23 line, how many are being dropped off by24 private vehicle. Forty percent of the25 343 4/12/11 - WHOLE - BILL 1101371 travelers that come through the Airport2 are just connecting from one plane to the3 other. But those that are coming via4 land side, are they arriving via the5 interstate, the Blue Route, I don't have6 those figures here with me, Councilman.7 We can probably go back and dig out the8 percentages of the means and methods of9 how they've gotten to the Airport for10 you.11
I think12 that's important as we start to look at13 the PATCO expansion. Is that planned to14 go into the Airport?15
If my17 briefing memory serves me correctly, they18 were only going to go maybe a mile away19 from the Airport, and I don't understand20 why the connectivity didn't happen with21 that. Not that you can speak for PATCO,22 but I see a more knowledgeable person on23 intermodal transportation coming to the24 mike.25 344 4/12/11 - WHOLE - BILL 1101371 DEPUTY MAYOR CUTLER:2 Councilman, Rina Cutler, Deputy Mayor for3 Transportation and Utilities.4 The PATCO study in fact did not5 go to the Airport. There was a6 subsequent study that was done which7 actually brought the SEPTA line, the8 Broad Street line, down to the Navy Yard.9 So those were two separate studies.10 At this point, it is not clear11 to me that the PATCO study is going to12 go. There's, as you are aware, been a13 large turnover of Board members at DRPA14 and that funding is still in question.15 One of the things we were16 looking for -- so it wasn't PATCO that17 was ever coming down that far. They were18 actually going to stop somewhere down19 near the retail businesses on Delaware20 Avenue, Columbus Boulevard.21
They did a22 briefing in the Caucus Room and, again,23 if memory serves me correctly, where they24 were going to stop was approximately one25 345 4/12/11 - WHOLE - BILL 1101371 mile from the Airport, and I didn't -- I2 asked them then and didn't understand.3 And maybe all of this is moot because the4 funding is gone.5 DEPUTY
It may be6 one mile as the crow flies, but you7 actually -- there's water, there is Army8 Corps dredge sites. So you actually9 can't go a mile to get to the Airport10 under that configuration.11 One of the things we have said12 we should look at is, we consider the13 Navy Yard to be sort of what we call an14 edge city to the Airport. So one of the15 pieces we will look at for the people16 mover system is whether we can get from17 the Airport to the Navy Yard and make the18 connection that way.19
Because20 theoretically someone from Chestnut Hill21 wanting to catch the train could come in22 that way.23 DEPUTY
Well,24 they would go to 30th Street and then25 346 4/12/11 - WHOLE - BILL 1101371 take the SEPTA line to the Airport.2 Although we are in very serious3 discussions with Amtrak, because we want4 Amtrak to stop at the Airport. We5 believe it currently stops at both Newark6 and Baltimore, and we are upset that it7 doesn't consider us to be a stop on the8 line. So one of the pieces -- there are9 Amtrak tracks that come past the Airport10 on their way to Baltimore, and one of the11 pieces we're looking at is whether12 ultimately we can push the envelope of13 the Airport out to get to those tracks in14 order to have an Amtrak stop at the15 Airport. So in that case, you could16 either switch at 30th Street to the SEPTA17 Airport line or you could come all the18 way through on the Amtrak line. But both19 of those, whether it's a PATCO expansion20 or whether it's an expansion from the21 Airport to the Navy Yard or whether it's22 an Amtrak stop at the Airport, they are23 all well down the road and will all need24 to be studied individually as part of the25 347 4/12/11 - WHOLE - BILL 1101371 expansion.2
It's, I3 think, important for us to be cognizant4 of where our travelers come from, the5 means by which they arrive at the Airport6 and to try to reinforce that usage that7 way. Working in a coordinated effort8 regionally might be one of the good9 things that we can do with this new10 Governor and working with him on11 transportation.12 DEPUTY
Yes.13 Actually, those are numbers that are14 available. We have a pretty good sense15 of not only where they come from, but how16 they get to us. And obviously the17 Airport is very much a regional facility,18 not just on the economic development side19 but also obviously on the mobility side.20 And while there is often discussion about21 airlines being told to fly out of22 facilities other than Philadelphia, we23 have not seen a lot of people who want to24 drive to Allentown to get a flight and25 348 4/12/11 - WHOLE - BILL 1101371 nor have we seen airlines willing to fly2 out of there, that the business case just3 can't be made.4 So we do consider it a regional5 facility, and we certainly --6 notwithstanding the current issue with7 Delaware County, the vast majority of8 both our travelers and employees in and9 around the Airport actually come out of10 the neighboring counties as well.11
I appreciate12 that.13 By way of your master plan and14 relocation and construction of terminals,15 airports and people mover, in the kind of16 switch-around, where does that put the17 car rental? Are they impacted at all in18 this master plan?19
They are.20 Currently, the conceptual plan calls for21 what we refer to as a consolidated ground22 transportation facility that's located on23 the footprint where the car rental24 agencies are today, and that's envisioned25 349 4/12/11 - WHOLE - BILL 1101371 that that facility would be a multi-modal2 type facility. It not only will house3 car park for rental cars as well as4 additional Airport parking, but the5 people mover system that we referenced6 that would service all the different7 terminals would actually come right8 through that facility. So if you got9 off, let's say, at Terminal B, you would10 jump on the people mover system, and the11 people mover system would come right12 through the heart of this multi-modal13 ground transportation facility, which you14 could then connect, go downstairs, get a15 car, jump on the SEPTA bus, the SEPTA16 Airport line. That will be a hub of17 activity right there.18
Currently,19 all of those car rental facilities are in20 Philadelphia County, right?21
In your23 master plan, will they continue to be in24 Philadelphia County?25 350 4/12/11 - WHOLE - BILL 1101371
The ground2 transportation center shows the car3 rental facilities still on the4 Philadelphia County side right now.5
That's very6 important, because we receive revenue, a7 tax from that, and wanted to know if that8 was going to continue that way.9 Thank you -- one other10 question. We still have an Airport11 Advisory Committee, right?12
There was an Airport13 Advisory Board that was named by the14 Mayor last year.15
Last year?16 And could you provide us the names of the17 folk?18
Thank you23 very much.24 The Chair recognizes25 351 4/12/11 - WHOLE - BILL 1101371 Councilwoman Brown.2
Thank you,3 Madam Chair.4 Good afternoon, gentlemen.5
My comment7 and question will be brief. I want to8 first thank you for your willingness to9 sit down with Councilmembers one or two10 weeks ago to give us a thorough, detailed11 big picture of this enormous opportunity12 coming to the region, and know that we13 appreciate and will follow the progress.14 Secondly, I want to underscore15 all of the remarks, concerns, interests16 raised by Councilman Goode and how much17 that matters to so many of us here, and18 given the enormity of this project, we19 would hope that we could have regular20 updates, if you will, on how well you're21 faring around this continuing, some might22 call it concern, others will say issue,23 equity for disadvantaged businesses.24
Knowing3 full well that your contracts may not4 call for an annual review, but please5 provide that to us.6
And then8 lastly, if you look at the numbers our9 city -- well, your budget is 399 million10 and you're asking the City for a little11 over 25 percent of that. How does that12 figure compare with similarly situated13 cities? It gives me a perspective on14 where Philly sits compared to other like15 cities when it comes to local support.16
Tom Becker.17 When we look at other airports,18 we look more at metrics in terms of cost19 per enplanement as a competitive factor.20 We sit right in the middle of the top 3021 airports. In that term, at $10.41 per22 cost per enplanement. Likewise, in terms23 of domestic one-way fares, we're right at24 the median in the top 30 airports.25 353 4/12/11 - WHOLE - BILL 1101371 Now, in terms of the City, we2 have appropriations in Police, Fire. Our3 appropriations for the Division of4 Aviation is $155 million. There are5 appropriations in Finance for pensions6 and healthcare, debt service under the7 Sinking Fund, and Law Department, we have8 20 attorneys. Fleet Management, we have9 two garages that we fund.10 Every dollar generated at the11 Airport needs to stay to support that12 $399 million, and we like to point out is13 that there are no tax dollars, no General14 Fund dollars that come to support the15 Airport. It's all by landing fees and16 terminal rents and concession revenues --17
All right.21 I'm developing a growing interest in this22 area of transportation, particularly as23 it relates to sustainability, the24 environment, recycling, et cetera, et25 354 4/12/11 - WHOLE - BILL 1101371 cetera, et cetera. So it's not an2 interest where I've been in the past, but3 under the influence of my colleague here,4 Councilman Jones, I'm just taking a5 greater interest. I've been inspired, if6 you will.7 Secondly and lastly, if you had8 to look at one or two major achievements9 from this past year, what would they be?10
Well, certainly,11 Councilwoman, coming out of ten years12 worth of planning and close to an13 eight-year environmental review process,14 the culmination of our work with the FAA15 to reach a point in time now that the16 Capacity Enhancement Program can actually17 start to come to fruition, I don't -- I18 think that this is probably one of the19 most significant moments in PHL's20 history. We are not looking to make21 modifications that will help the Airport22 one year or two years. We're looking to23 actually create a premier multi-modal24 transportation facility, focusing on air25 355 4/12/11 - WHOLE - BILL 1101371 transportation, but that's going to serve2 this region for decades to come. And so3 I think that that's first and foremost.4 Beyond that, I think that the5 Airport has just continued on its mission6 of trying to provide the amenities and7 the services that our passengers want on8 a daily basis, whether it's air service,9 good concessions. Last summer -- and10 we're getting ready to run it again this11 summer -- was a customer service12 appreciation program called Just Plane13 Fun. We truly value the customers that14 come through the Airport. We are not15 going to take them for granted, and we're16 going to continue to do facility17 improvements that I talked about, the D/E18 expansion, a $300 million facility. That19 construction is nearing completion this20 year, and we're getting ready to start a21 $117 million expansion on Terminal F,22 again providing new amenities, baggage23 claim facilities, new security24 checkpoints, new concessions and whatnot,25 356 4/12/11 - WHOLE - BILL 1101371 to our traveling public. They deserve2 it. They find it at other locations, and3 I think it's incumbent upon us to4 actually make those improvements come to5 reality.6
Okay. All7 right. Well, thank you for that. The8 last comment I would make is, having the9 good fortune to travel other airports,10 aesthetics really do matter, and I11 appreciate Philadelphia leadership12 wrapping its arms around the display of13 art of all genres and all ages, and I14 would ask that you continue to do that.15 It really does add a very non-tangible16 experience, if you will, for those who17 are traveling, travelers. And to the18 extent that we can always feature19 Philadelphia artists who bring what they20 bring from various neighborhoods, it just21 makes it that much more enriching.22
Thank you,23 Councilwoman. And I would remiss if with24 my own Deputy Mayor sitting behind me25 357 4/12/11 - WHOLE - BILL 1101371 that if we didn't mention one of the2 largest art projects anywhere, our How3 Philly Moves mural that's going on the4 side of the garages as we speak to be the5 second largest mural in the United6 States, which will be completed near the7 end of this summer, which emanated out of8 the fine head of Deputy Mayor Cutler. So9 it's a project that's near and dear to10 our heart, but you are going to actually11 be able to see not only artwork as you12 walk through the Airport, so if you were13 just changing planes, you'll get a taste14 of Philadelphia and its artwork just15 going from plane to plane, but if you're16 on I-95, you're going to see How Philly17 Moves from the interstate as well.18
Well,25 358 4/12/11 - WHOLE - BILL 1101371 thank you very much. It's nice to hear2 about what's going to happen there. I3 just hope you'll get straight with4 Terminal F and the pickup. That has been5 a problem.6
Okay.9 Thank you very much. Thank you.10 This Committee will stand in11 recess until Wednesday, April 13th at12 10:00.13 Thank you.14 (Committee of the Whole15 adjourned at 5:00 p.m.)16 - - -17 18 19 20 21 22 23 24 25 359 1 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on April 12, 2011, and that7 this is a true and correct transcript of same.8 9 10 11 12 --------------------13 MICHELE L. MURPHY14 RPR-Notary Public15 16 17 18 (The foregoing certification of this19 transcript does not apply to any reproduction20 of the same by any means, unless under the21 direct control and/or supervision of the22 certifying reporter.)23 24 25