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Committee Hearing, April 12, 2011

Minutes from Philadelphia City Council Committee Hearings, Apr 12, 2011

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Council President Verna

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

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Council President Verna

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

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Council President Verna

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

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Council President Verna

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

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Council President Verna

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

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Councilman Goode

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

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Councilman Goode

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

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Councilman Goode

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

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Councilman Goode

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

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Councilman Greenlee

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

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Councilman Greenlee

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

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Councilman Greenlee

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

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Councilman Greenlee

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

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Councilman Greenlee

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

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Councilman Greenlee

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

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Council President Verna

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

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Councilman Kelly

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

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Councilman Kelly

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

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Councilman Kelly

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

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Councilman Kelly

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

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Councilman Kelly

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

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Councilwoman Blackwell

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

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Councilwoman Blackwell

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

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Councilwoman Blackwell

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

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Councilman Green

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

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Councilman Green

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

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Councilman Green

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

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Councilman Green

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

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Councilman Green

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

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Councilman Green

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

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Councilman Green

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

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Councilman Green

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

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Ms. Rhynhart

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

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Councilman Green

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

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Councilman Jones

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

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Councilman Jones

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

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Councilman Jones

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

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Councilman Jones

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

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Councilman Kenney

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

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Councilman Kenney

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

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Councilman Kenney

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

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Councilman Kenney

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

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Councilwoman Sanchez

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

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Councilwoman Sanchez

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

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Councilwoman Sanchez

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

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Councilwoman Sanchez

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

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Councilwoman Blackwell

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

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Councilman Greenlee

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

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Councilwoman Tasco

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

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Councilwoman Tasco

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

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Councilwoman Tasco

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

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Councilwoman Tasco

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

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Councilman Greenlee

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

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Councilman Greenlee

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

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Councilman Greenlee

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

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Councilman Goode

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

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