1671 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING BEFORE THE COMMITTEE OF THE WHOLE - - - Tuesday, March 5, 2002 9:55 a.m. Room 400, City Hall Philadelphia, PA - - - CONTINUED FY '03 OPERATING BUDGET TESTIMONY BILL NO. 020001 PRESENT: COUNCIL PRESIDENT ANNA C. VERNA, Chair COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILMAN W. THACHER LONGSTRETH COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN FRANK RIZZO - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 (215) 561-2220 1672 3/5/02 COMMITTEE OF THE WHOLE INDEX (BILL 020001) (CONTINUED FY '03 OPERATING BUDGET TESTIMONY) WITNESS DEPARTMENT OF LICENSES AND INSPECTIONS Ed McLaughlin, Commissioner.................... 1673 Richard Felgus, Admin. Services Director....... 1680 Rob Dubow, Budget Director..................... 1681 Robert Solvibile, First Deputy Commissioner.... 1683 Dave Perri, Deputy Commissioner................ 1698 Jim Weiss, L&I Information System Manager...... 1705 Dominic Verdi, Deputy Commissioner............. 1721 BOARD OF L&I REVIEW Richard Felgus................................. 1750 BOARD OF BUILDING STANDARDS Richard Felgus................................. 1751 ZONING BOARD OF ADJUSTMENT Richard Felgus................................. 1753 STREETS DEPARTMENT William Johnson, Commissioner.................. 1756 Charlie Trainor, Chief Traffic Engineer........ 1786 WATER DEPARTMENT Kumar Kishinchand, Commissioner................ 1866 Richards Roy, Commissioner of Operations....... 1871 1673 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
Good morning, everyone. This is the continued public hearing of Bill No. 020001.
Would the Department of Licenses and Inspections come to the table. (Witnesses come forward.)
Good morning and welcome. COMMISSIONER MCLAUGHLIN: Good morning, Madam Chair.
Please introduce yourself for the record and proceed with your testimony. COMMISSIONER MCLAUGHLIN: I'm Commissioner Ed McLaughlin, Commissioner of L&I. With me this morning are my senior management team: First Deputy Commissioner Robert Solvibile, Deputy Commissioners David Perri, Dominic Verdi, and. Administrative Services Director Richard Felgus. We appreciate this opportunity to present our Fiscal Year '03 Operating Budget request to City Council and to provide you with information about the Department's recent accomplishments and our plans for the upcoming fiscal year. 1674 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET The Department of Licenses and Inspections is requesting a total Fiscal Year '03 budget of $675,209 044, of which $22,808,023 is in the City's General Fund. In our General Fund budget, we have a net decrease of $20,367,573 from our Fiscal Year '02 estimated obligations. Twenty million of the decrease represents the transfer of demolition funding from our department to debt service to support the Neighborhood Transformation Initiative. The remaining decrease in our Class 200 appropriation reflects primarily the reduction of lot-cleaning funding. Vacant-lot cleaning will be managed citywide through the Managing Director's Office. After cleaning of all 31,000 lots in Fiscal Year '02, the City will reclean lots biannually and will work closely with communities to promote continual lot maintenance. This budget supports General Fund staffing of 433 positions first as the Fiscal Year '02 average of 436 positions for the Department. The decrease of three positions will not have a negative impact on departmental operations. In the interest of brevity, we offer a 1675 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET short presentation of our most important external goal, life safety, along with information about our primary internal goal, employee development. The primary mission of the Department is to protect the lives of people live and work or visit our city. Fire Safety. The National Fire Protection Association states that the key to an effective life safety program is to get people out of buildings in an emergency. L&I has the responsibility to make sure that our codes and enforcement programs are designed to ensure that people do, in fact, get out of buildings safe in an emergency. Our recent efforts to upgrade City codes by increasing use of smoke detectors, fire alarms, and sprinkler systems have greatly enhanced safety in both residential and commercial high-rise buildings. The Department's citywide multi-family inspection program in, along with 1679 demolitions in Fiscal Year 2001 alone and 13,776 demolitions over the past ten years are all key factors in the reduction of building fires and related deaths. 1676 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET Our revised, more demanding code requirements and stepped-up enforcement actions are major contributing reasons for the City's improved life-safety-record high-rise inspections. In Fiscal Year '01 and continuing into Fiscal Year '02, the, department instituted a program to inspect all high-rise buildings within the City of Philadelphia to make sure they were in compliance with all standpipe and sprinkler requirements in the Philadelphia Code. A total of 436 buildings have been inspected. There are a total of 548 high-rise buildings. The Department, in concert with the Philadelphia Fire Department, issued new regulations on the audibility of alarm systems, which were inspected during Fiscal Year '02 as a part of our fire code inspection program. Our Code Violation Notices. To enhance the Department's code enforcement efforts, the Department instituted a new program in Fiscal Year '01 to increase the number of paid violations tickets being issued for quality-of-life and safety violations such as locked or blocked fire exits. Over 2,400 tickets were issued during Fiscal Year 1677 3/5/02 WHOLE - CONT'D.
FY '03 OPERATING BUDGET '01, and it is projected that the number will increase to 3,000 in both Fiscal Year '02 and '03. Under the Code Violation Notice Ticket Program, inspectors can issue tickets for each day that a violation exists, thereby bringing greater Pressure on the responsible party to correct the code violation. The Nuisance Task Force. The Department's Nuisance Task Force, working closely with the Philadelphia Police Department and the District Attorney's Office, conducted numerous special inspections on mostly notorious locations throughout the City. In Fiscal Year '01 and '02, these inspections resulted in cease-operations orders, closing down 52 businesses which were usually fronting for drug gangs, the sealing of 98 properties being used by illegal drug dealers, and assisting the Police Department in make arrests and seizing drugs and firearms. Our most internal goal is Personnel Development and Training. In Fiscal Year '01 and continuing into the first half of Fiscal Year '02, the Department provided employees with 2,553 days of training; a total of 142 different courses were 1678 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET provided. The major types of training provided to employees excluded computer training, inspector technical-skills training, supervisory training, and personnel and safety training. We have trained our clean-and-seal workers in hazmat recognition and handling, as well as dangerous ordinance recognition and procedures. Code Administration Training Program at Drexel University. During Fiscal Year '02, the Department has worked with Drexel University to establish a Code Administration Training Program that will provide Department staff with knowledge and skills needed to enforce the international code that has been adopted on a statewide basis by the Pennsylvania legislature. Under the Drexel program, which will begin offering its first courses later this month, we plan to offer 30 credit hours of instruction to all Department code enforcement personnel. Increased funding has been provided for in the Department's Fifth Fiscal Year '03 Budget. We believe these courses will significantly increase the competency level of not only our existing staff, but all future employees. 1679 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET In Fiscal Year '02, we developed the L&I Law Department Training Program to train L&I inspectors on evidentiary and due-process requirements, inspections procedure, and current code law. The program was created to address the City's failure to accurately prosecute egregious code violations because the records and procedures involved in violations failed to withstand legal scrutiny. In Fiscal Year '02, more than 180 L&I employees took part in this program, which used existing City resources and personnel. In Fiscal Year '03, the City will institutionalize the program by offering additional Law Department training. Additionally, every employee will receive customer-service training beginning next week. In Fiscal Year '02, the Department conducted a thorough training-needs assessment for all inspection personnel. As a result of our assessments course, work is being designed that will both prepare inspectors to obtain required State certifications and provide in-depth standing of code enforcement. During Fiscal Year '03, the City will 1680 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET begin enforcing the State act, and the Department anticipates that the enhanced training will increase staff professionalism and our ability to assist the public in achieving code compliance. Thank you for your to our presentation, and we are prepared to answer your questions.
Thank you, Commissioner. On -61 of the detailed budget, you show an FY '02 payment of $4 million to the Redevelopment Authority for land assembly and acquisition. What sites have been acquired, and why are you paying for these acquisitions and not the NTI bonds? COMMISSIONER MCLAUGHLIN: Richard, go ahead. MR FELGUS: This is part of the --
Excuse me, please identify yourself for the record.
I'm Richard Felgus, Administrative Services Director, Department of Licenses and Inspections. That money, while shown in the L&I budget, is a part of the NTI Program. 1681 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
Well, are you going to be acquiring properties? Is L&I going to be acquiring properties?
To our knowledge, the Redevelopment Authority will be responsible under the NTI Program; we're just the funding mechanism at this point. So we really have --
I don't understand why the Redevelopment Authority wouldn't be doing it. (Rob Dubow comes forward.)
This funding that's included in the proposed transfer ordinance and in the ordinance, the money was going to flow through L&I to RDA for the acquisitions. And there's actually -- at the Appropriations Committee hearing on the ordinance, there were a number of questions asked about this, and we provided a written response explaining what we were doing and can forward that.
I don't recall 1682 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET seeing that. Has it been delivered?
Commissioner, on -60 of the detail, you show an FY '02 payment for demolition of $15.2 million. I understand this was in the midterm or midyear transfer. Now that the NTI funding has been approved, why is this charge being in the General Fund, and why are you budgeting $1.7 million in demolition funds for FY '03? I thought that all demolitions were to be charged to the NTI Program.
There are separate answers on the two questions. On the first question as to why we have demolition money showing even now that the bond deal is going to go ahead, we had promised Council last year, when we put the budget together, that if we did not use the money that we had set aside for debt service in '02 for the NTI bonds, that we would put that money into demolition and other NTI activities. And that's what the transfer ordinance 25 did and so that's why that money is showing up as 1683 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET an obligation in '02. In '03, when we put the budget together, it wasn't clear what was going to happen with the bonds yet, and so we put money in '03 in case we needed some money for demolitions before we got proceeds.
Yeah. It will be additional demolition money that we will use in '03.
I would like to know how L&I will interact with the NTI Program. And I would also like to know, Commissioner, does your FY '03 budget provide for the appropriate number of inspectors that we're going to need? COMMISSIONER MCLAUGHLIN: Bob, can you take that?
Robert Solvibile, First Deputy Commissioner. Good morning, Councilwoman.
For the first prototype area, our interaction will be to make the 1684 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET inspections, to determine the buildings in an area that are vacant and imminently dangerous, and then to sit down with Council staff, NTI staff and ourselves to determine the buildings that would be demolished in a particular area that was surveyed by our inspectors. And also on top of that, at meetings like that, there's always questions about this one or that one. We then go back and recheck some of the addresses to determine if we should increase the size of the demolition request or to encapsulate, what would be the better recommendation to make to the NTI staff and to the Council staff for that Councilperson for that district. And that's been our -- that will be, and is, like, our part of the NTI Program. We are very strongly involved in recommending -- and also the Managing Director's Office has given us, through their payroll, the ability to hire eight building inspectors that will be used to work in the --
As far as the answer to the building inspectors -- or the inspectors, I'm sorry. The Managing Director's Office has funded 1685 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET the additional -- the hiring of an additional eight building expecters that we brought on board about the beginning of this fiscal year to get them trained to help us oversee the demolition process. The goal is to have each package for the NTI Program or area -- not package -- to have of its own building inspector who will oversee and be on the job 7/24.
Eight were hired through the -- and additional eight were hired through the Managing Director's Office to complement the staff of, I believe it's eight that we presently have. So it's about 16 inspectors that will be working with NTI on the encapsulation/demolition NTI Programs.
You've mentioned encapsulation twice. Will L&I be doing encapsulation? Heretofore, I think we were being told that PHA would be doing the encapsulation.
PHA is the contractor. The real decision-maker on the encapsulations would be the Department, and with our ability to write 1686 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET the violations, it would create the code violation ordering the owner to repair his or her property. And PHA would be the contractor that NTI uses. The inspectional process will still be Licenses and Inspections. The Department's inspection powers will be used completely in NTI and in no way be taken away from us. We'll be involved with it from beginning to end.
How about with the lot cleaning; will your department still be involved with lot cleaning?
Yes. We presently work with the Managing Director's staff, Thomas Conway and Tumar Alexander, with our clean-and-seal people and the Lot Cleaning Program, and we work together to make sure that we can -- if I can't -- if our clean-and-seal people can't handle a problem, we use the Managing Director's staff and vice versa; if they can't, then we'll do it or assist them. And it's worked out very well the last several months with both entities doing the work.
And I assume that for the lot-cleaning, you'll still be 1687 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET employing seasonal employees?
Yes. At the present time, my understand is that we will still be using seasonal employees.
Okay, thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. Good morning, Commissioner. COMMISSIONER MCLAUGHLIN: Good morning, sir.
On of your testimony, you state that in the next fiscal year, the City will begin to streamline and consolidate licensing-permitting processes. Can you give us a brief idea of the process you will use to do this?
Councilman, it's our intention to look at all of the current licenses and permits we have. The process we want to follow is to try to consolidate down to somewhere in the vicinity of maybe 15 to 20 different licenses and permits, where those would be omnibus-type licenses. So currently, for instance, right now, we 1688 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET have six different licenses for housing; we would have one license for housing. And for business licenses, we might have -- our thought right now is we would have four or five different business licenses that we would issue, and then depending on the type and level of service that we gave to that type of business, we would establish a fee. But instead of a gas station, let's say, having to have five our six separate licenses, which they would get billed this month, next month, three months down the road, they would get one bill, they would pay it one at a time, and in all likelihood, it might be a little bit less than what they're currently paying, but it would cover all of the L&I services. Now, the idea would be to make it easier for various businesses to do business with the City of Philadelphia. What we're hoping to be able to do is tie this into a much more extensive database system or hopefully a computerization so that whereas in the past, we've had to have these separate licenses to basically allow our inspection personnel to know when to go out to look at various businesses. We're hoping to have omnibus licenses 1689 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET with a database that will replace those individuals licenses to establish work for the inspectors.
So the omnibus licenses will simplify and consolidate somewhat, but it's also stated in the written testimony that manual regulations put into place in recent history have been regulations put on top of other regulations, without a whole comprehensive review.
Are you suggesting that there's going to be a full review of the licensing and permitting process?
Yes. The Department of Licenses and Inspections is the City's regulatory agency. It's City Council that determines what is going to be regulated. We're going to come over here with a proposal to this body, hopefully within the next year, that's going to simplify and eliminate what we think are a lot of redundant and unnecessary licenses and permits. Right now, we know, for instance, that of the 200 licenses and permits the Department has on the books, there are probably about 30 or 40 that 1690 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET we don't issue even one license with, and yet there's laws on the books. So clearly, to eliminate a lot of the clutter and a lot of the confusion, it's our feeling that if we streamline and eliminate a lot of those laws that are no longer even necessary -- you know, to be honest, what's happened over the years is a lot of these laws come into effect because there's some incident where a constituent will complain to a Councilperson with an anecdotal thing, and the problem goes away but the law stays on the book.
And what we're trying to do is, again, we'd like to clean that up and make our regulations and laws a lot simpler so that the public will be able to understand it, businesses will not be, you know, inhibited from coming to Philadelphia. We want to make ourselves more business-friendly.
You stated that L&I is the City's regulatory agency but also is the Health Department, Historic Commission, Art Commission, other agencies that have regulatory nature. Are 1691 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET you including them in your process or is your work --
Yes, absolutely. And, in fact, the way the codes really read, most of the time we have to get approvals from those agencies before we'll issue a license or a permit, so we're the primary regulatory agent, and we have to rely on those; and, yes, we have to talk to those folks to be able to streamline the system. We've been talking to them preliminarily to do that.
In addition to the number of licenses that need to be consolidated and simplified, there's also a number of agencies and separate reviews that people in businesses have to go through. Are you also looking at trying to simplify the whole review process?
Yes, we are. And on the permit side, we would like to, one, be able to do more in terms of using computers where we would send things electronically. We're also trying to streamline our whole permit process to make that whole system flow much better.
Are you trying to have that eventually flow through one agency rather than 1692 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET have people have to go through several agencies?
We've talked about the possibility of having those various agencies that must give approval physically relocated into the concourse of MSB so that there would be one location for those kind of permit approvals.
Lastly, could you provide the Chair a list of all the licenses, their associated fees, their requirements, and the number of licenses within each category within the past five years?
Thank you. The Chair recognizes Councilman Ortiz.
I'd like to find out how much money has come in through L&I through licensing during the last year; do you have that?
Approximately, just like the other $33 million for licenses and permits.
And most of that has come through the licensing for construction and 1693 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET that sort of --
Yeah. Approximately to 4 $17 million of the $33 million would be for 5 construction permits; the remainder would be for 6 various types of licenses and others charges the 7 Department has. 8
This has been looked at 9 as an impediment towards development, the heavy 10 bureaucratic licensing process, but it also has 11 been used by different city mayors as a way to 12 enhance its revenue-collecting and not raising 13 taxes, putting up license fees. 14 As we eliminate the licensing to make it 15 more friendly for developers and so on, what does 16 that do to the budget of L&I and the City? Have we taken a look at that? COMMISSIONER MCLAUGHLIN: I think most of what we would be doing would be making it easier for people to deal with us. I don't see us being able to reduce the fees. You know, when we talk about the small number of licenses and permits that actually generate those fees, when we talk about eliminating licenses and permits that aren't being used and 1694 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET streamlining the system as setting the system up for being on the Internet, for example, being able to --
I believe developers and other individuals that want to do construction, if those licenses that are not being used is not a bother to them. What is a thing that prevents the development and people from coming in are those licenses and fees that they have to pay to be able to do. So if -- I'd like to look at what is it within the process that developers are constantly complaining about and how we can begin, without harming the health and safety of the residents of Philadelphia, to make this process easier and what economic impact it would have on our fee collections and our overall General Fund. Can we have that? COMMISSIONER MCLAUGHLIN: It seems that that will be part of what we're doing in our whole analysis. We'll look at the income, and the Budget Bureau has asked us to look at our licenses and our permits, look at the whole issue of eliminating, streamlining, and figuring out what the revenue 1695 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET implications are. We'll make sure that you get a copy -- that the Chair gets a copy of that.
Because laws that are never used -- I mean, there are laws in the books that are from 1780-something that are never used, but they do not become an impediment towards development in the City. We have some regulations and we'd like to look at those regulations that are an impediment to development in the City, and usually they have a revenue impact if we modify or eliminate them. COMMISSIONER MCLAUGHLIN: My experience in dealing with contractors is that they would pay more money gladly if the process were streamlined, if they didn't have to spend so much time in line instead of online. So I think that if we make it easier for people that the cost of these permits won't be the issue. I've had contractors -- we talk to contractors about, for example, putting an assessment on for computerization or an assessment for training, and they all -- the people that we talk to -- we brought in groups of contractors, and 1696 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET everybody said, If it makes me dealing with L&I easier and less complicated, they'd be glad to pay it. I suggested a $5 addition to the permit fee, and the consensus was they'd pay $25 more if they could tell their office person to get the permit while still sitting at her desk in the office. You know, so it's not so much the cost, so I don't see a revenue decline here; I see us -- if we were to use our fast-form permits, as an example, making it easier for people to get certain permits, the permits clearly doubled in number because we were making it easier for people to be lawful, and I think that's where I see -- the bright side of revenue for the City is that more people will be glad to comply with the law just to become lawful.
Thank you. The Chair recognizes Councilman Rizzo.
Thank you, Madam Chair. Commissioner, what you've just described 1697 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET there, basically these contractors, as far as I know, don't they pass these charges on to their customer? COMMISSIONER MCLAUGHLIN: (Nods head.)
So we're really whacking the customer because if a contractor comes in and he's doing a job for Mr.and Mrs. Murphy and he does expedited permits, that's just getting laid on to the price of the entire job. Is that a fair statement? COMMISSIONER MCLAUGHLIN: What they say to me is that time is money, so yeah, they'll charge for the time that their person, their attorney has to stand in line and bill them back; they'll charge the customer all of that money. But our proposal is to make the process easier, you know, so that it will make it cheaper for -- I anticipate that it will make it cheaper for the end-user also.
Commissioner, involving inspections, do we still have people out in the various neighborhoods looking for people working without permits? I don't see -- or I don't hear as many -- well, explain. What's the process right 1698 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET now? If somebody's out there doing a job that requires permits, what's the chances of catching them on a Saturday, Sunday, Monday, throughout the week?
Good morning, Dave Perri, Deputy Commissioner. To answer your question, Councilman, we do have our inspectors out. During regular business hours, they're there to check for work done without permits. Most of our referrals that we get concerning work without permits come from complaints that get either mailed into the Department or phoned in. At times, when the budget permits, we will do Saturday patrols, but it's not a regular occurrence in the Department. We do have other inspectors in other divisions that are out over the weekend that find different companies working without permits, and they do refer that over to my division so that violations can be issued. If I can touch on the permit fees briefly, during last fiscal year, the Department reorganized its building permit fees, and what we did was -- it 1699 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET was a revenue-neutral proposal, and we shifted the burden away from single-family homeowners and small businesses towards some of the larger projects, particularly some of the larger new-construction projects. Before we adjusted the fees, the same zoning that was charged for the construction of the First Union Center is the same zoning permit fee that a single-family owner would pay to get a deck put on their house. So we made that far more progressive. We basically -- if you have an existing building in the City, we've effectively reduced alteration permit fees by percent, and that's skewed 16 towards -- the smaller businesses have a much 17 greater reduction than the larger ones. 18 We streamlined our fees so that they would 19 be based upon square footage rather than estimated 20 costs. It's a number that is more easily 21 calculated, it's a more finite number, it's a 22 number that we have less cheating, and we don't 23 need to have a cadre of inspectors out there doing 24 audits of construction contract when we can simply 25 do a length and width measurement and come up with 1700 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET a permit fee. So we did make a conscious effort to move some of the burden of the permit fees away from small businesses and particularly homeowners towards the larger, new-construction projects who -- those projects hadn't seen increases in over a decade.
Well, that's good news to see that kick in. I want to just go over some things that have already been touched on. President Verna already talked about the relationship between L&I and NTI. Is there anything we as members of Council in our area of constituent service -- is there anything significant that's going to change? Are there some things we shouldn't be calling L&I about? Is there anything significant that you could point out, any significant difference in going forward with NTI? COMMISSIONER MCLAUGHLIN: The answer is an emphatic no. L&I's is still going to be functioning 100 percent. We're going to be -- The only thing -- the only effect that L&I will is have is that in certain preplanned areas of 1701 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET the City, there will be work being done. L&I's still going to function right across the board in answering all of the complaints. We'll be doing demolitions in other parts of the City.
Gotcha. Commissioner, what if a person has a complaint about an NTI project and they call L&I; they won't get just dismissed and say, It's not our problem, call NTI? I'll give you an example. With the increase of demolition, I want to be assured that there is going to be a interaction with the Streets Department where debris, dumpsters or going to be out on the roadway, haulers are going to be hauling construction materials over our neighborhood streets, material -- a piece of drywall falls off the truck, that there's going to be some coordination keeping the City looking neat and clean and not construction debris or Dumpsters that are left unattended, and that's why I'm working right now on trying to enhance the Dumpster regulations to put reflective devices on them. 'Cause I envision a city, at least a part of the City, that's going to look rough for a 1702 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET while; the streets are going to look dirty from materials and heavy equipment in and out. So we really need to make sure that we do this, not with the mentality that some contractors have that there's one standard working for a private developer and then there's the second standard, which is get away with as much as you can get away with when you work for the government, until somebody catches you and tells you to put a tarp on the Dumpster or tells you to clean up with a water permit when conditions permit at a demolition site. So what coordination are we going to have here to make sure that what I described doesn't occur?
Councilman, Bob Solvibile, Councilman. The NTI Program and Licenses and Inspections, as I said to Council President Verna, we will have an inspector assigned to virtually every contractor, every contract, the same person in the same geographic area. He will be very identifiable by his jacket or his shirt which will say "Licenses and Inspections." Also, the NTI Program is working closely 1703 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET with the Mayor's Office of Community Services, and there will be NTI officers in each Council District to do the PR-type problems. There's spin doctors --
Yeah, I know. (Addressing Commissioner McLaughlin) What's the term? COMMISSIONER MCLAUGHLIN: Public relations.
Public relations personnel to publicize a program, give complaint numbers where people can call with problems. It's the goal, though, at least NTI's and my goal, is that the complaint on that block in that community will be handled right away by the inspector, who will be very identifiable, be there afraid, and say, Inspector, I do not like the way this is or this is a problem. And I think -- I know there will be a lot of interrelations with the community, the Councilperson for that community, where it should go rather smoothly. Also the demolition packages will not -- 1704 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET like in one small area, we will not have several different contractors; it will be the same contractor. Instead of a lot of different people, it will be one contractor, which should make for better public relations with the community and that contractor.
Well, that's good to hear. My final question, and it's a follow-up from a previous response: What is the normal response -- not a Council office now. A person calls L&I at the hotline, which I've experienced on a couple occasions, trying to call that number. The wait was just -- it was like calling PGW, with no disrespect, at one time; they fixed that problem. If a person in West Oak Lane calls about a person doing construction illegally, what's the turnaround? In other words, will the job all be finished, the contractor all packed up and out of there? What should our constituents expect when they take it on their own -- not a Council office now because, again, it's a whole different type of response. 1705 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET When the average citizen calls L&I, what kind of turnaround is there.
Good morning. My name is Jim Weiss, I'm the Information System Manager for L&I. During the past year, the Department has made a significant investment in our telephone system, and we are now able, despite the history that the Councilman mentioned, we're now able to get to telephone callers more quickly so that we know from the measurement that we are getting to talk to more of the customers who call. People who are waiting in line or waiting on that telephone line are getting an information message as well as an opportunity to leave us their information in terms of the content of their complaints in a voice mailbox, if they wish to do that, and we are getting to a greater number of those calls in a shorter period of time As far as the operations are concerned, I'd like to pass it back to the First Deputy.
Well, let me talk about the technology first of all. What's the phone number? For people who are watching this on television and may have an interest, what is the 1706 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET phone number that constituents are supposed to call to reach hotline.
When they call that, will they get a live person or is it strictly automated?
They will initially get an automated response that will identify the Department and assure them that they've reached that number and then they will shortly be able to either leave a message in a voice mailbox or speak to a service representative.
Will anonymous calls be taken there? Does a person have to identify themselves?
In certain complaints, we will not take an anonymous complaint. For an 1707 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET apartment building with a heat complaint, we ask for the name of the complainant, which is confidential, by the way, in all cases, because it's difficult to get into an apartment building without knowing which person will let us in. But you can make anonymous complaints, but all complaints that are given, if the complainant's name is available or not, we do not give information about the complainant to anyone; it's confidential.
Okay, let's finish the round and let's talk about the turnaround. I call on a Monday, a person is putting an addition on their home, there doesn't appear that there's any permits for that particular job. The person calls at 10 o'clock, speaks with a live person, what can we expect as a response? COMMISSIONER MCLAUGHLIN: I would say that we respond -- if you're talking about some in progress in the category of building, we're on that real quick; if not that day, the next day because we don't like that stuff get out of the control. We don't like -- if there's no permit, then we have no idea what the person is doing. 1708 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET You know, so that is a priority.
So then a person that would call you on a Friday, the possibility that that job could be worked on Saturday, worked on Sunday, and an inspector not out there till Monday, and maybe the job could be finished, what do you do at that point? What do you do retroactively after somebody puts a porch on that shouldn't be there? COMMISSIONER MCLAUGHLIN: If we know that something is going on, we do have weekend people. There are weekends-duty people, there are emergency-duty people that if we knew something was happening, we could respond to it that way. If we couldn't get -- I can't foresee knowing that something is going on like that and not getting an inspector out there immediately. I'm just trying to give us a little bit of leeway, but we do respond to them as a priority. As far as the incoming call, the citizen calling L&I, for the last year and a half or so, we've been -- prior to introducing the system that we're now using in our complaint-tracking -- in our intake, in our complaint intake, we had the same problem that the police had with the Eddie Pollack 1709 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET incident. We didn't know how many times people were calling about the same problem. So that we could get five calls and there would be five inspectors at different times dispatched to the same location. A year and a half ago that changed. We put a system in place, the front end of the system that we recognize that we're now going to pursue right across the Department. But that was the first module, the complaint intake module, that now allows the call-taker to enter into a dialogue with the complainant. Yes, we have three complaints on this, or we did send an inspector out, we issued a violation. One of the problems with L&I's response is that we're virtually invisible. If the inspector's arriving on a bus and getting off a bus or driving his own vehicle, dressed in plain clothe, people don't realize that an inspection has been made. So a lot of times, we got beat up in that regard, where we'd actually do the job and people didn't know we were doing the job. So -- but now we can see -- and we key ourselves the same way that now the police can key 1710 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET themselves and say, Hey, there's a lot of people complaining about this, move this up, and something that would not be a high priority gets moved up because it's disturbing more people.
Well, thank you for that, and that improvement, I'm sure, is greatly appreciated.
Councilman Rizzo, would you hold any further questions for the second go-around?
I'm finished, and I just want to let LU&I know that I know they have a lot of balls in the air, and they certainly do a good job in responding to the requests that I have, and I want to thank them. COMMISSIONER MCLAUGHLIN: Thank you, Councilman.
Thank you. The Chair recognizes Councilman DiCicco.
Thank you, Madam Chair. Good morning. COMMISSIONER MCLAUGHLIN: Good morning. 1711 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
I got here a little bit late so if you already covered this, I apologize. You and I and some of your staff folks have had this similar conversation over the last two, three years about where's your department going, and I know where you'd like to go in terms of technology and upgrading your systems to make the Department more user-friendly. Where are you with that today? I mean, at one time, you and I spoke, two or three years ago or so that you anticipated, in order to really get up to speed so that people can do a lot of things online, not have to send expediters out and/or personnel to pull permits and do all of the other things that are necessary to be in compliance, that you were talking somewhere in the area of around $2 million, and I think at the time, you said, or sometime shortly that, that money would be coming out of the productivity bank but it was not approved. Any change in that? Has there been any movement in getting additional funding? COMMISSIONER MCLAUGHLIN: I had when 1712 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET Estelle Richman took over as Managing Director, I brought this issue up to her. The good news is that, for example, the inspectors who go out to inspect the buildings for NTI are now going to be using handheld devices and they're going to be able to see violations so that the process -- and exactly the process that we foresaw happening is starting. The people from Hanson Technologies are inside L&I working. The next thing -- (addressing colleague) is it permit and licensing?
Prepaid plumbing. COMMISSIONER MCLAUGHLIN: Prepaid plumbing permits are going to be automated. And we're doing something now to put real estate certifications online, and that should happen relatively quickly. I'm very unenthused to say that we're on the track, we're moving ahead
In the best-case scenario, how much time do you think it would take for you to get there, given the constraint on 1713 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET financing and resources the throughout the departments? And I understand that the Administration is looking to ask departments to figure out ways in which they can make some cuts. Taking all of this into consideration, how long do you think it will take us -- and I don't mean this to be criticizing anyone, because you can see where I'm going in the next minute or so -- to get to the point where you are comfortable as an agency or a department to say, We are where we should be, we're in the century, not the 20th or 13 19th century. We're at the 21st century and now 14 all we need to do is just continue to upgrade as we 15 go, moving forward, as technology advances? 16 A year two years, three years? I mean ... 17 COMMISSIONER MCLAUGHLIN: I'm very 18 enthused about what I seen in this time period. 19 There are a couple of things that have happened 20 that make me think that automation of L&I is real 21 and may be real while I'm still the Commissioner. So I would like to think two or three years
I won't ask you for how long you think you'll be the Commissioner, 'cause I don't know how long I'll be Councilman. 1714 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET COMMISSIONER MCLAUGHLIN: Yeah, Right, exactly. It's hard to say for all the reasons you just --
Let me stop you, if I may. I know I had this conversation during budget hearings the last two years or so, and it's part of the conversation we had several years ago, where I spoke with a group of developers, business people, at a breakfast meeting -- I think it was three years or so. And I had approached them with the suggestion basically that if there was a way in which developers, contractors, people who generally come to L&I for building permits -- I'm not talking about the homeowner who once maybe every ten years or once in a lifetime needs to pull a permit for a deck or an addition. But for people who are in the business of needing the resources of L&I on a weekly or a daily basis, the cost to them is extremely high. And, yes, somebody pays for it, but in time, I think we all pay for the time of the process. And, again, it's not being critical of your department. The time in which it takes for all of this to happen 1715 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET really slows down production, if you will in the City. COMMISSIONER MCLAUGHLIN: We agree.
And they had indicated, at my suggestion, that if they were all to put money into their own productivity bank, an escrow account, if you would, various degrees of money, depending on -- I know one gentleman said to me that his law firm probably spends in excess of $500,000 a year, which was probably conservative, in costs involving building permits: The actual permit, the time that it takes the employee or employees to come down there and all that cumulatively in excess of $500,000 a year. So when we're only talking about and maybe million -- and I don't know what the number is, but at the time, it was 2 million, which you believed and the people around you believed it would take to get us current in terms of technology. One individual company is paying for a quarter of that already, so to raise the other 1.5 million would really not have been that difficult to do. We haven't done that, and I'm suggesting 1716 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET to you that if that is something that you would like to do -- and I see the Managing Director's in the audience today as well -- I would be more than willing to get in touch with the people who invited me to that meeting and have a meeting with the developers. There had to be 30 people and, you know, $100,000 for those guys is really insignificant. So if we could figure out a way to get that money and a way in which we could put that into an escrow account, a productivity account, whatever, and when they come in for future permits, it's kind of like drawing down from your account -- you have a line of credit -- until that money is exhausted. I mean, something to get us from A to B or A to Z a lot quicker. And even though we're making progress, I have a feeling we're probably still looking two to three years out, and I could be wrong, but I know we could do it a lot quicker if we had that $2 million, $3 million, whatever it will take to do it in bulk right now. And the Managing Director, again, is in the back, and you're here. If that's something 1717 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET you'd like to explore, I'd be more than willing to take that position to call the meeting and see if we could to that. I have every belief that they would do that without any hesitation because it's money for them. You know, time is money. COMMISSIONER MCLAUGHLIN: Right.
So if you can, you'll get back to me, and I would certainly be glad to assist you. And I just would like to take this opportunity -- I was given a lot of credit for the success, if you will, of the Mardi Gras event, and unfortunately, I was not here yesterday when, I think, the Police Department was here yesterday. I just want to take this opportunity to thank you and your department, and particularly your protege to your left, Dominic Verdi, Kevin, and a whole bunch of other people -- I won't mention everyone's name 'cause I'm sure leave them out. You guys were with us every step of the way, from the beginning, when the concept was first introduced, up until or o'clock in the morning 1718 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET on Mardi Gras, and without your help, I mean, all the credit I get really would not have been -- I would not be able to accept that without acknowledging your department's support, and I want to thank you publicly for that, all of you. COMMISSIONER MCLAUGHLIN: Thank you very much, Councilman.
You're welcome. Commissioner, I know that several years ago, we were told that we only had one gentleman who did stuccoing; I assume that we have more than one these days. However, will the stuccoing be a part of the demolition package that's going out?
The NTI and Hill and Licenses and Inspections are experimenting with several different ways, and the first prototype bid that will go out, the demolition contractor will be responsible for hiring the stucco contractor. We're looking at ways to improve it, to make it better, and also to make it go quicker. One of the things the Department did in its -- this year was improve the specification for 1719 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET capping the parapet or the top of the building. We now use a barge board. We hired a professional roofer that does it. And so instead of just the tin going down the wall that you see in your district, you'll see that it's much more professional-looking, and it will be much more effective in keeping the water from going down the wall and entering into the property.
Thank you. Commissioner, I too want to publicly thank you and your staff for all that you do. I will tell you that it's a pleasure dealing with your department, and I know that my staff is happy to deal with you. There's never a time that we call with a complaint with a complaint or a request that we don't get immediate action. We never have to do a follow-up letter or a follow-up call. We're really very, very appreciative, and we want to thank all of you for all of the help that you give us. COMMISSIONER MCLAUGHLIN: Thank you.
Thank you. At this time, the Chair recognizes Councilwoman Brown. 1720 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
Thank you, Madam President. Good morning, gentlemen. COMMISSIONER MCLAUGHLIN: Good morning.
Let me join the chorus of my colleagues who want to salute and say thank you for the work that you are doing. I appreciate under your leadership that you and your staff and, namely, your Government Relations Officer, Otis Haigler, have worked with us around the issue of child care, and you actually mentioned that in your management improve section. So we're going to -- we do have some other issues of that nature on our list work and we'll be back on your door again to continue to work with you in that particular area. Secondly, yesterday, there was a lot of testimony on lead poisoning in our city, and the most startling acknowledgment for me is that it is completely preventable. And the testimony -- and the paper quotes it very accurately, and I will just read it because then I want a response. "The Health Commissioner conceded the proposed budget will only address 100 of the 1721 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET estimated 600 homes likely to be found in the coming year of dangerous levels of lead-paint chips and dust. It was suggested in his testimony that there is a role of responsibility for L&I in this process of penalizing property owners who do not follow the law with regards to getting rid of lead." So let me hear your take on that, and where are you in discussions with the Health Department on this particular issue?
Good morning. Dominic Verdi, Deputy Commissioner. Right now, we have initiated a property maintenance code violation for chipping paint. Our inspectors are not trained in reference to lead-based paint.
But in most cases, what we've done, and when this case will be donee, we have a supervisor which has been in direct contact with the Health Department, and they're working on ways of cross-training back and forth our different inspectors.
Mm-hmm. 1722 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
To a point where we will refer that lead-based paint issue back to the Health Department and have direct contact with them.
You say "right now," so that new procedure you just described is effective as of when?
-- with demolition, we have found that we have a better chance of having less contaminant leech into the ground if we remove the painted wood that day, it's not allowed to stay overnight. It has to be off the ground and into a Dumpster or, I believe, it's something like a $500-a-day fine to the contractor for leaving it. And that, we hope, will decrease the amount of lead that's left in the ground after we leave.
Do you have benchmarks, as such, given the tremendous backlog? 1723 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET Knowing that there are 1400 homes in that state and as of next year, there will be 1900 homes, so recognizing the scale of the problem, do you have benchmarks with how quickly, given the new training that started three weeks ago, you'll be able to address the backlog with the Health Department? Or have you explored that in discussions at all?
I'm not quite sure of any issue with a backlog. I really haven't discussed it with the supervisor. We're still in our own stages of training also, so we will discuss that further and I will get back to you.
Very well. Lastly, I am always struck by the composition of departments, and there are always historical reasons why we see what we see. What is the diversity and makeup of your upper-level staff: Gender, Latino, and African-American. Please, Commissioner. COMMISSIONER MCLAUGHLIN: Well, I can get back to you with the details. As you can see, the top staff are white males. That's not by design, that's just, you know, happenstance over the years. We had an African-American Deputy 1724 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET Commissioner, but we helped him get another job so -- and that was Oliver Thornton, who is now with the Mayor's Office of Information.
Sure. Do commissioners have an opportunity to put professionals on line for leadership management training, or is it strictly by way of civil service that that happens? COMMISSIONER MCLAUGHLIN: L&I is a civil service department, but the whole purpose of our training programs is to raise the level of proficiency and expertise among all of our employees. Just to talk about a recent test we gave...
We've recently tested for a code administrative series, where it would give advancement to lower-level management to become upper-level management. I could probably refer to our Personnel Director to give you more information, but the first test in the series was given, and it was quite favorable to different genders.
Is that 1725 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET unprecedented, this test your speaking to, you're referring to?
The answer is, it's not totally unprecedented, but the results in this particular thing -- we've broadened the specification for the code administrator series to allow people who formerly had to have a college degree to equate away some of that, so that we've now increased the recruitment base to a lot of our former clerical employees and lower-level supervisors. And this will result in the Department -- well, this list had nine people on it, and I believe the majority of those were both minority and female employees, so that we will be seeing those people rise up through the Department. And as you've heard testimony before about the DROP Program, as a lot of the senior managers are leaving the Department, there's going to be tremendous opportunity within the Department for a lot of these people to move into the highest ranks within the Department in the very short future. 1726 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
So in effect, you are beginning to address diversity. Thank you for the explanation.
Yes. We do have a number of females and minority people in high-level positions within the Department, and we will be increasing that number.
Okay, thank you very much. Thank you, Madam President.
You're welcome The Chair recognizes Councilman Kenney
Thank you, Madam President. Good morning, gentlemen. COMMISSIONER MCLAUGHLIN: Good morning.
Mr. Felgus, I was intrigued. I was watching television upstairs, and you had mentioned the issue of anecdotal legislation that we pass from time to time as a result of a complaint from an individual or individuals that somehow goes away and then gets stuck on the books. Is there -- I'm intrigued as to an example that you could give me as to one of 1727 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET those types of legislation or ordinances that we have passed that either isn't being enforced or needs to be removed and how it happened in the first place.
Well, the one I can think of is -- COMMISSIONER MCLAUGHLIN: Cesspool operators.
Yeah, cesspool operators would be one example. Another one -- I can go back a number of years. There was a councilman from the 10th District by the name of Mel Greenberg -- I don't know if you remember him. He had passed a whole bunch of legislation with regard to political posters.
It was never enforced, it never made any sense. Nobody -- I think people were supposed to put up a 25-cent or a 50-cent fee for every poster they hung up. Nobody ever did it. I mean, you know, it's that kind of stuff that's still on the books. We have a railroad ordinance, a railroad 1728 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET fencing ordinance on the books that's been on the books for years and never been enforced 4
These are none of my 5 bills, though, right that you're talking about? 6 (Laughter.) 7 COMMISSIONER MCLAUGHLIN: As a matter of 8 fact, I'm sure there are none of yours. 9
The answer is no. 10 Let me ask you a question about the NTI 11 demolition packages. Are the bid packages for the 12 demolition work, are they prepared, are they ready 13 to go? Is there a process in preparing them? 14 Where are they at? 15 COMMISSIONER MCLAUGHLIN: That's really an 16 NTI issue. 17
Well, the first one for 20 Strawberry Mansion that's being worked on has not been advertised yet but it will be because the Councilman and the community would have to sign off on it, but all the bid packages will be, the regular bidding process that Procurement uses will be used. 1729 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
Has L&I participated in the preparation of that bid process, that bid package?
Will there be a list of approved or pre-approved contractors, or will -- is it envisioned that -- and, again, understanding you're not speaking for NTI, but because of your knowledge of what's going on these days and your involvement in it, will there be a list of pre-approved contractors that will be able to bid, or will it just been anybody will be able to bid and then they'll sort through? How do you envision that work? I know you guys bid this stuff now often curbside, but this won't enter into a curbside situation 'cause obviously we're talking about large amounts of demolition, but what's the profile of a company that would be eligible to bid on such? Is there bond requirements, is there numbers of employees, is there equipment, capital investment that's required? I mean ...
Presently, the bid package 1730 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET is being worked on. We're going to require pre-approval. They're going to advertise. I think, in a 200-mile radius of the City and also put it in the National Demolition Association newsletter or magazine that goes out monthly to advertise the bid, 'cause obviously, we want as many as possible, but we will pre-approve to make sure that the bidder qualifies. Then as far as the bonding and all of that, that would be up to Procurement and Risk Management on insurance, all that kind of --
We're working with Procurement. COMMISSIONER MCLAUGHLIN: Procurement does that, and we make sure that that happens, yes
So there will be a list of pre-approved contractors that will be eligible to bid once their criteria is investigated and they're approved as acceptable. 1731 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
Yes, that's the current thinking now right, yes, Councilman.
Right now, subs are required to have the same insurance as the prime; I believe it's $2 million required to protect the City. And right now, subs, with the approval of the Department of Licenses and Inspections, as long as they have the proper insurance and we know that they exist or are allowed to be used, and I believe that L&I will be the same, that they'll have -- the subs will have to be known to the L&I people and the departments.
Now, will there be one overall contract as far as demolition, hauling, recycling, and/or disposal, or would you envision that those contracts would be separated into separate issues? For example, I mean, does the person that tears down the rowhouses also haul away the brick and wood and do they also take it to a recycling center? How is it --
I believe in the first 1732 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET prototype, which the prototype is just that, that the demolition, the prime will be responsible to hire the subs.
And like anything that's new, that's subject to change. Like when the Department, with Representative Keller's demolitions in South Philadelphia, we went from one chain of thought on how we were going to do it to -- like Representative Keller and myself were talking about two weeks ago, we learn every day, you know, the problems that we had, and that's being passed along to the L&I people.
But, for example, I mean, if we take down, you know, three streets' worth of houses, for example, obviously the old method of doing it in a single house was to have the clean fill and go back in and remove the debris, and we can't use any of that anymore, any of those demolished items to backfill, right?
Well, you can still use the clean fill, which is masonry, anything that's -- 1733 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
No wood, no metal, rags, trash, but you can use brick, uncontaminated brick or concrete that's broken up.
So the stuff -- so the material that needs to be removed from the scene will certainly have to be hauled to a location, whether that's some kind of recycling operation or some type of approved landfill operation.
To an approved landfill/and or recycling, yes, Councilman.
And is there any information at this point where that debris will be stored? For example, I know when did our Streets Department trash and removal rubbish contract, we allowed so much household trash to be taken to one site, accumulated there, and then moved out to approved landfills on larger trucks. Remember when the City used to have their own trucks going back and forth to landfills in the State? I'm wondering where the debris is while waiting transport; has there been any locations suggested?
That would not be allowed. 1734 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET I'm not really an expert, and that's probably better -- but it's my present understanding that under State law, that would not be allowed to have any kind of a transfer site within the City, that it would have to go directly to the landfill or to the recycling center. And that's exactly my understanding of the way that it will happen. We have not discussed that all, but it's the only way I know that it can happen.
So the individual prime contracts would have the responsibility of having the end-result of where that material goes.
Yes. And has to show proof of where it went with a certificate that it went to an approved site.
Okay, and there will be a list of approved contractors prior to the award.
Yes, that will be created for each bid that anyone can apply to become approved, but to bid, you will have to be approved, and more than likely at a pre-bid meeting with us and the NTI people. 1735 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
Well, I want to thank you, Mr. Solvibile. In four minutes, you've given me more information on NTI than I've gotten in two years. It's wonderful, it's wonderful.
I don't know if that's good or bad, Councilman. (Laughter.)
I hope it's not bad for you, but I've gotten more information and I'm certainly enlightened more than I've been. Can I go for a moment to the issue of tow trucks? We had legislation which I think I sponsored back in 1993, '94 dealing with licensing and supervision the tow truck business in the City, and I was very happy with the bill as it came out, I was very happy with all of the initial enforcement, and even with the current enforcement of what it was we passed. I think that L&I does inspect the trucks. I see the new annual stickers on the sides of the tow trucks. However, as recent media reports have suggested, people who want to get around the law will find a way to get around it. We had very strict towing and storage fees that were part and 1736 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET parcel of the legislation. And now, anecdotally, we're hearing information that they're creating these new fees: Wenching fees and paperwork fees and sweeping-up-the-street fees after the accident fees. I mean, so we're falling back into the trap of tow trucks out there fishing for expensive or insured automobiles to take to a body shop that they have a relationship with. And then if that person decides within, I think, a 72-hour period that they could decide as part of the current legislation, that they don't want this guy or this body shop to do the work, when they go back to try to redeem the car or retrieve the car, then they're whacked with $600 worth of fees, so they might well say, Just fix the car, what the hell? So we're kind of back -- not through any fault of L&I, but back into that same predatory- type of operation where people are zooming to crash sites, are fighting with each other to hook a car, and are holding people's automobiles hostage. What -- do we need to upgrade or update the legislation?
Councilman, to answer your 1737 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET question, we just met with -- my people just met with the truck enforcement people in the Police Department. We've just recently joined them in tracking most of the hard-core renegades of the tow truck industry.
Whatever. We have gone as far as some of the smaller tow trucks that look like pickup trucks on the street are now not being licensed because we just found that the gross weight is not legal. They are enforcing, along with our people -- and we have a report through -- via phone that if they need our people with them or vice versa, we are back and forth. We just recently did two cases where there was excessive rate fees or rates charged, and you're right, one was for sweeping up the sidewalk. They're throwing rates in there that are not originally a part of their rate schedule. They are being issued violations and followed up with intent-to-cease letters. And we have one case right now that's in court and is being dealt with through the Law Department and 1738 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET through certain our law-enforcement agencies after we look into their full operation.
The question I have is, for an individual who -- you know, a gentleman, a woman who goes to redeem their car at, you know, "A-Y-Z Body Shop," and the guys says, "Well, you know, we were going to do the work but, you know, you're not going to do the work here so here's an $800 bill, and we're not releasing your car." Does that person have any immediate ability to call L&I or the police now to retrieve their car as opposed to paying this unscrupulous individual the 800 bucks to get their car back and then going through the court system to redeem the money or to get back the money?
In most cases, if a call is made to us, our Business Compliance Manager will make a call to the tow-truck company, trying to alleviate some of the issues with the rates. If that's not successful, unfortunately, the insurance companies do pay this charge, and then we, in turn, will write violations against the tow-truck company, and, I would say, eight out of ten times, we're successful in getting some kind of 1739 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET rebate back to the insurance company. The insurance companies have been sending us letters especially in cases where excessive rates are concerned, and we've been acting on every one of them.
Have we considered doing any kind of -- and I know you guys are moving more towards kind of police -- you have some police powers as it is, and I know your people are often in harm's way when it comes to shutting down speak-easy's, and problem bars, and as a matter of fact, at point in time, we bought you guys bullet- proof vests 'cause of some of the circumstances your people were going into. Was there ever thought that maybe doing a sting or two on some of these guys that we know are causing this problem, you know, having one of our people, in conjunction with the police, go through the process of having their car towed and stored and the like, and then maybe putting some of these people out of business?
Again, we just recently started this relationship with the truck enforcement people under Chief Bullock, and there 1740 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET has been some mention of some type of operation of that nature.
Good. Let me ask you a question about something that's been bothering me since 1992 when I first came here, and I know it's a very difficult situation because it happens so much and the resources of the Department are stretched sometimes beyond reason. Illegal conversions of single families to multi's. There's so many times within my own neighborhood and in neighborhoods throughout the City where some owner decides that they're going to convert to a triplex or a quad, and just goes and starts doing the work, and for some reason or another, that property gets under the radar screen, none of the neighbors complain, he finishes all of the work, he puts his four or five bells on the door, and starts renting out the property. By the time it's realized that this property is now a problem because of the quality of the tenants and the noise and the trash all of the other stuff going on every day of the week, somebody complains, whether it's me or some 1741 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET citizen. Now, you guys go out and the zoning says single-family dwelling or duplex, R10-A, or R10, and the guy never went to Zoning, never pulled a permit, did nothing, but has four tenants in a quad. We go -- we enter into the violation process, we go to court, but in the meantime, the people still live there, are still paying the rent, the guy's still making a profit, the problems with the house are still (indiscernible) in the neighbor, and it could take what seems to be forever, if ever, that this thing gets corrected. Is there some way to expedite? I mean, your people do their job, and the court system takes its merry pace -- not merry pace, but its snail's pace, and in the meantime, the neighborhood's, you know, still suffering as a result of this unscrupulous landlord. COMMISSIONER MCLAUGHLIN: This is a problem that runs right across our enforcement; it's not just in that category, and it's -- after L&I writes a violation, does a reinspection, nothing is changed, and we send it to Municipal Court. 1742 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET In that regard, I met with Judge McCaffrey, and at his suggestion and also at the suggestion of Judge Silverstein, we are requesting now on all of our Municipal Court cases a $10,000 conditional fine. Councilman, I assure you that we are getting people's attention. When they get that notice in the mail that they owe $10,000, we're getting compliance. So we're changing that whole --
How long has that been in effect? COMMISSIONER MCLAUGHLIN: -- lazy process of --
How long has that been in effect? COMMISSIONER MCLAUGHLIN: About two months now.
Okay, great, all right. 'Cause, I mean, you guys are doing what we're asking you to do, you're writing up the stuff, and then once it gets into that system, this guy sits there and laughs -- usually he's an 1743 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET out-of-town landlord, could care less what the tenants are doing, and as long as he's collecting his rent, you know, life's great. COMMISSIONER MCLAUGHLIN: No, we've seen those kind of people reconsidering their action when they get that $10,000 notice, so we'll see.
Do you mind? We have two other Councilmembers waiting. The Chair recognizes Councilwoman Miller.
Thank you, Madam Chair. Good morning, Commissioner. COMMISSIONER MCLAUGHLIN: Good morning, Councilwoman.
And all of L&I's staff. COMMISSIONER MCLAUGHLIN: Yes.
Certainly, I too want to thank you for working with my office. I think we work together very well. COMMISSIONER MCLAUGHLIN: I agree.
And it's not a time 1744 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET that I call that there's not a follow-up on whatever issue we're calling about. COMMISSIONER MCLAUGHLIN: Thank you.
I do have a couple questions, though. Recently in my district, we encountered a property that's imminently dangerous, and it needs to be demolished. I understand that L&I was recently sued for demo-ing a building that still had a mortgage, which has delayed the demolition of this building that constantly cracks, that's constantly cracking. In fact, we had L&I out there. It's Philellena Street; I talked to you about it before. We had L&I out there again on Saturday because it's starting to crack more, and I understand you've been in touch with the mortgage company or the owner. I just need you to explain it to me better. On Friday, there's going to be a curbside bid. If you haven't heard from, I guess, the mortgage company or the owner, I would imagine that under NTI and just under all kinds of activities that this is not the only time that this is going 1745 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET to occur; it's going to occur more and more. And because someone has a mortgage on a building, can it then continue to be imminently dangerous? And people think it's going to fall. COMMISSIONER MCLAUGHLIN: The mortgage issue has nothing to do with the fact that the property is imminently dangerous; we'll move on that property. The issue in court was a very valid issue and that was the research that's done to notify people. There may be people further on down the line, even beyond the most obvious mortgage holder, that have a significant interest in the property. So it's finding that information out. And for us, it wasn't any big deal to do what the judge said, because I met with Joan Decker, the Records Commissioner, and as she made available to us, through setting up some Internet connections and some code use, you know, some password stuff for us to get into records, the Records Department information. The judge's order is -- was designed around us making an effort to notify everybody that has an interest and, you know, we have a process 1746 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET now where we do that that should not stand in the way of addressing an imminently dangerous building.
Also, Councilwoman, if a building, in our inspector's estimation, will collapse immediately, is truly, truly imminently dangerous, without even -- well, we would attempt, but we would not, like, get in the way of notification to the owner or to the mortgage company. We take steps to render that building safe immediately.
Okay, all right. Well, that's good to hear because -- well, there is going to be a curbside bid on this building on Friday, so hopefully, you know, that will be one more down and out of the way. I also want to piggyback on Councilman DiCicco's comments and pleasure particularly in the real-estate certification being online; that's going to help us a lot. We get a lot of calls from Realtors, and I think that's a real citizen- friendly system, and I'll be glad to see it online. COMMISSIONER MCLAUGHLIN: We agree.
We get calls from 1747 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET Realtors all the time. And I just want to also thank the L&I staff that was out at the fire in Germantown two Fridays ago. I know they were there from 6 midnight, and I left about 6 p.m. Saturday. They 7 were there from 12 at night Saturday. At 6 p.m. 8 Saturday, I left, and they were still there. 9 So I want to thank you for the good work 10 of those people. 11 COMMISSIONER MCLAUGHLIN: Thank you. 12
And I have one another question somewhat around Councilman Kenney's question around code violations enforcement. In your testimony, you said you wrote 2400 code violation tickets in '01 and project to write 3,000 in '02 and '03. I was just wondering, of the 2400, would you have or would you know, or who should we talk to to see how many people have actually paid those tickets, how many people got a second notice. Because this is a really big issue on quality of life in the neighborhoods. You know, I know that you come out, you give the ticket, you do the citation, and sometimes 1748 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET nothing happens. Many times it does prompt people to correct the situation, but in too many situations, people just don't do anything. And it's my understanding that in the future, there may be a move to put a lien on someone's property if they don't respond to code violations or to tickets, which, I think we have to do something.
Councilwoman, Dominic Verdi. We have requested a report from the adjudication to find out exactly how many of our tickets are getting paid. As soon as the bureau has that information for us, we'll be glad to submit one to you.
Okay, all right. Thank you. Council President Verna, that was my last question. And, again, I'd like to thank L&I. You know, we go out on these tours, and people are so pleased when L&I comes right back, and, in fact, in some instances, they'll start work the same day, and residents in my district are very, very pleased with what's going on. Thank you. 1749 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET