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
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I had a follow-up and did not write down the type of code violation for those who are not taking care of the lead in their properties. You actually stated the name of that code violation for property owners. COMMISSIONER MCLAUGHLIN: It's a property maintenance code violation; we don't have that code section with us, but we'll get that information to you. And in our meetings with the Health Department, there may be some joint writing of lead-specific violations. That's the kind of thing that we're working on.
Working on, okay. And at whatever point, you'll get back to me? COMMISSIONER MCLAUGHLIN: We'll let you know everything we're doing.
Okay, I appreciate that. Thank you, gentlemen. 1750 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET Thank you, Madam President.
You're welcome. Is Councilman Kenney in the room? I believe he wanted to be recognized again. (Councilman Kenney not present at this time.)
All right, gentlemen, thank you very much. COMMISSIONER MCLAUGHLIN: Thank you.
The Board of L&I Review is next. (Witness comes forward.)
Good morning. Please identify yourself for the record and proceed with your testimony.
Good morning, Council President Verna and members of the City Council. I am Richard Felgus, Administrative Services Director of the Department of Licenses and Inspections, and I'm here representing the Board, as we provide their administrative support. The budget that we are requesting today on behalf of the Board of Licenses and Inspections Review is $210,000, an increase of $2,600 over our 1751 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET FY '02 estimated obligations. In FY '01, the Board has rendered decisions in 791 cases. It is now estimated that we will issue or hear 860 cases in FY '02. In FY '03, we project the Board will again hear 860 cases. Currently an appeal brought before the Board will be heard and a decision rendered within 60 days of when the appeal is filed. Currently, the board is staffed with three civil service employees and six board members. Thank you for the opportunity to provide the Board's testimony.
Thank you. Are there any questions from members of the committee? (No questions.)
Seeing none, the next department will be the Board of Building Standards.
Councilwoman Verna, I am Richard Felgus, Administrative Services Director for the Department, and appearing on behalf of the Board of Building Standards. 1752 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET I am here to request $118,951, an increase of $1,715 over the FY '02 appropriations. This funding will support two full-time employees and four board members. The role of the Board of Building Standards is to advise the Commissioner of the Department of Licenses and Inspections on requests for variances as well as provide interpretation of the building code and make suggestions for standards and regulations dealing with building safety. The Board also reviews new and substitute materials and methods of construction and makes recommendations to the Commissioner to keep Philadelphia up-to-date and competitive with the latest building technologies. In FY '03, it is anticipated the Board will conduct 50 meetings and hear 230 cases. In FY '2001, the Board of Building Standards heard 246 cases and provided recommendations to the Commissioner. The time period for obtaining decisions for the Board is currently approximately 30 days. The Board also provides accelerated hearings to persons requiring quick turnarounds. In FY '01, a 1753 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET total of accelerated hearings were conducted. I thank you for the opportunity to provide the Board's testimony and will be happy to answer any questions at this time.
Thank you. 7 Are there any questions from members of 8 the committee? 9 (No questions.) 10
Yes. I am Richard Felgus, Administrative Services Director, and am here providing testimony for the Zoning Board of Adjustment. The Zoning Board of Adjustment is requesting a budget of $523,973 for FY 2003, an increase of $6,303 over the FY '02 estimated obligation. This is for salaried increases granted to civil service employees of the board. In FY '03, the Board will support a staff of six full-time employees and five board members. 1754 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET During FY '01, the Zoning Board, which is the most active of all City boards, conducted 254 meetings. The Zoning Board provides a vital service to those who work, live, or do business in the City of Philadelphia in that it provides an opportunity to appeal zoning determinations and to request variances from the zoning code where the code imposes unnecessary hardship on the property owner. The Zoning Board also grants certifications for certain types of zoning uses, as proscribed by ordinance of City Council. In FY '03, it is anticipated the Board will hear approximately 1980 cases. In FY '01, the Zoning Board heard 2,031 cases. Currently, the board is normally rendering a decision within 30 days of the date that an appeal is filed. To provide service to the public, we have continued to provide accelerated hearings, which are conducted as soon as possible after a notice posting periods. The cost of special hearings are paid for those persons requesting the accelerated hearing. In FY '01, accelerated hearings were conducted for 360 cases. In FY '02 and '03, we 1755 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET project accelerated hearings will continue at the level of 325 cases per year. As a means of providing interested persons with hearing information, we are now sending out all of our notices electronically, and that system, to my knowledge, has been working very well. Thank you for the opportunity to present the testimony for the Zoning Board, and I will be happy to answer any questions.
Thank you, Are there any questions from members of the committee? (No questions.)
Thank you. We're not going to take a break. I think since we are running ahead of schedule, we just as well go through all of the others. The next department to testify is the Streets Department. (Witness comes forward.) 1756 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
Good morning, Commissioner. COMMISSIONER JOHNSON: Good morning.
Please identify yourself for the record and proceed with your testimony. COMMISSIONER JOHNSON: Good morning, Council President Verna and members of the City Council. I'm William Johnson, Commissioner of the Department of Streets. I'm here today to present testimony on behalf of the Streets Department's proposed Fiscal Year 2003 Operating Budget. Employees of the Streets Department continue to work hard to fulfill our basic mission or providing clean, safe streets for our citizens. We request a General Fund appropriation of $118,880,151 and an All Funds appropriation of $148,626,151. Our proposed budget reflects a net General Fund increase of $3,251,215 from Fiscal Year 2002 estimated obligations. The overall request for the Department for all funds (General, County Liquid Fuels, Special Gasoline Tax funds, and Grants Revenue) is a net $4,482,715 higher than our Fiscal 1757 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET Year 2002 estimated obligations. This net increase reflects an average staffing level increase from $2,137 in Fiscal Year 2002 to $2,143 in Fiscal Year 2003. However, the actual Council-approved staffing level was reduced from 2,232 positions in Fiscal Year '02 to 2,195 in '03. This is a drop of 37 positions. With this budget, the Highways Division plans to resurface 156 miles of streets and line-stripe 1,750 intersections, one million square feet, both in Fiscal Year '02 and '03. Sanitation will continue to provide timely refuse and recycling and collection service to households. 4 percent. This reduction has compelled the Department to reduce Class 100 estimated obligations by $300,000 in '02 and by $550,000 in equipment rentals in Fiscal Year '03. The results of this year's Citizens Satisfaction Survey shows that 90 percent of 1758 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET respondents said their trash was sometimes or always collected on time, up from 87 percent in the year 2000. The use of more efficient trash compactors has contributed towards the achievement of improved productivity. These include on-time collections of 95 percent in '01 and a projected 96 percent in '02. In Fiscal Year '03's request for sanitation funds, the current cleaning schedule for arterial and commercial corridors, as well as the Neighborhood Cleaning Program, will be maintained. In '02, the Division continued the successful use of two small, versatile "ride-on/walk-behind" sweepers that can safely and efficiently maneuver into and around tight spaces. In Fiscal Year '01, 41,244 tons of recyclables were collected, and current the projections for '02 and '03 are 44,300 and 45,800 tons respectively. In Fiscal Year '01, the Department held six drop-off days and increased the tonnage of hazardous waste collected, from 98 tons to 2000 tons in 2000 to 119 tons in 2001, with a 10 percent increase in the overall program participation. 1759 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET The emphasis on the Sweep Program is on education and enforcement. Three sweep officers visit regulated premises to monitor recycling plans, to provide educational materials, and, when necessary, to issue citations. And special services, in addition to the expanded support to neighborhoods that we are providing through more street sweeping, citywide recycling, partnership recycling, the Sweep Program, and Partners for Progress, the Department will continue to support clean block program. In 2002, as we have for over 50 years, we will continue to fund and support the Philadelphia More Beautiful Committee's Clean Block Program. In 2001, 87,599 volunteers teamed with over 6,000 block captains and completed over 10,000 clean block cleanups. The Highway Engineering and Traffic Divisions all make up the Transportation Services Group. The Highway Division utilizes two processes for street resurfacing: Conventional and hot-in- place, or HIP, recycling.
Where appropriate, HIP is being piloted and used because it's faster and more economical than conventional surfacing. In 1760 3/5/02 WHOLE - CONT'D. 6 million square yards with conventional resurfacing and 718,486 square yards with the HIP process. The Department repaired 24,314 potholes in '01, an increase of over 8,000 from Fiscal Year 2000, and projects to repair 30,000 in '02 and '03. We performed 804,053 linear feet of cracked sealing in '01 and project 1,400,000 in both '02 and '03. Due to the passage of the Telecommunications Act in 1996, the City has seen a number of telecommunications firms seeking to install fiber-optic lines, an increase from 1 to 15. Consequently, over 680 miles of street have been impacted by underground or aerial construction since that time. To address this, the Department is currently working with the Department of Public Property, the Law Department, and the Managing Director's Office to develop new regulatory mechanisms, update regulations, and improve work flows to better coordinate street openings and minimize the number of times that streets are open. The Streets Department worked with the Managing Director's Office and the Office of Fleet 1761 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET Management to revise the City's snow fighting plan in order to increase the City's ability to plow neighborhood streets. The City now plows tertiary residential streets during significant snowstorms. The Department is continuing to work with its regional transportation partners to maximize the use of federal and state funding for infrastructure upgrades in the City. 3 million in federal and state bonds. Some of the major projects through Fiscal Year '07 include reconstruction of Delaware Avenue between Penn's Landing and Aramingo Avenue, Market Street elevated train reconstruction and streetscape, the Avenue of the Arts, North Broad Street, South Street Bridge replacement and the Germantown Avenue Bridge and Chestnut Hill. By the end of Fiscal Year '01, the Department replaced over 68,000 lights, street lights, as part of its ongoing citywide program to replace obsolete fixtures. When the entire program is completed, the Department projects that a total of 75,000 lights will have been replaced. 1762 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET The Streets Department is in the process of modernizing some of the City's oldest traffic signals at nearly 500 intersections in Center City and the Northeast. By the end of 2002, the Department will have modernized 330 signals, including 90 intersections in the southwest quadrant of the City. The Center City portion of this program is scheduled to be completed by Fiscal Year 2005. Once a signal has been modernized, the Department is able to link to it a centralized control center. Citywide, this is a an ongoing program involving City, state, and federal funds to improve over 2,800 signalized intersections in the City. A major goal of the Streets Department is to respond quickly, courteously, and effectively to customer requests for service. We improved our call center by installing a state-of-the-art automated call distribution center. In conclusion, the employees of the Streets Department will continue to work diligently in the delivery of services to our citizens and neighborhoods and to improve the quality of life in our city. Therefore, we request your favorable 1763 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET consideration of this budget request. I'm available to answer any questions at this time.
Thank you, Commissioner. You state in your testimony that your department's average staffing level will increase from 2,137 to 2,143 in FY '03, which is an increase of 6 positions. Your department, however, is budgeted for 2,195 positions in FY '03. Why will you be maintaining an average vacancy rate of 48 positions? COMMISSIONER JOHNSON: Well, we're not exactly maintaining it, but through the process of trying to hire and the constant turnover, we find that we have a constant vacancy rate of about that many positions relative to the number that we have approved. So we're constantly hiring, we constantly have people coming into the system and going out of the system, but through the course of the year, we average about that many vacant positions.
48 vacancies? COMMISSIONER JOHNSON: Right. 1764 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
Are they generally in one department? COMMISSIONER JOHNSON: No, they spread across the Department.
But you will be hiring the 48? Because I would certainly think that that would have an operational impact on your department. COMMISSIONER JOHNSON: We have what we consider some peak periods where we do more seasonal hirings than others. The spring and summer is a peak period. Right now, we're gearing up to hire a number of positions that we won't necessarily continue to need once we run into, you know, kind of a slower period during the winter months again. But over the average, if you average over the course of the year, we have that many vacancies that we're constantly looking to fill.
On your testimony, you mentioned expanded street- cleaning services. What areas of the City will be impacted? COMMISSIONER JOHNSON: The area of 1765 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET expansion may be reflective more of some of the new things that we're trying with regards to mechanical sweepers on some sidewalks. We now -- we currently have, I believe, three sidewalk sweepers and we're planning to increase that up to six in the coming year.
So you will be expanding the areas that you will be cleaning? COMMISSIONER JOHNSON: That's correct.
I'm rather curious. On -87, I believe it's the line item 250, it shows Decker Temporary Service, $24,000 for temp -- for temporary helpers, I assume? What services do they provide? COMMISSIONER JOHNSON: Decker Temporary Services. We have had a number of short-term services provided, but I'm not familiar with this particular one off the top of my head; I'll have to get back to you with an answer on that one.
I'd be rather curious as to what that's for. Commissioner, can you explain why the proceeds from the sale of recyclables dropped from $312,000 in the first half of 2001 to $54,000 in 1766 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET the first half of 2002? COMMISSIONER JOHNSON: Yes. The recycling markets are extremely volatile. Right now, all of the commodity pricing on the market is somewhat depressed, with the exception maybe of aluminum, which we don't get a high percentage of, but all of the fibers, paper products, the rate per ton that we were able to sell those products for on the open market has dropped substantially across the country. And that's reflective in the reduction -- by the reduction in revenue that we received from the sale of those materials.
I don't think we have too many Councilmembers present. I was going to ask you if you wanted to discuss your new recycling program that you hope to implement in the near future. Maybe for the record, you could do that very, very briefly, and at another point in time, perhaps we could have a meeting with all Councilmembers present so that they could all be aware of what you're going to be doing. COMMISSIONER JOHNSON: Yes. We have been 1767 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET successful in working through our Recycling Division and David Robinson, our new Recycling Coordinator, to obtain grant funding from the State to do a media campaign and a public-education campaign around the issue of recycling to try to raise the awareness of recycling in Philadelphia communities and encourage people in our communities and in our schools to recycle more. That campaign is scheduled to kick off in March -- I believe it's March 18th of this year, just in a couple of weeks, and we'll include a mass media campaign and a number of grassroots community-based meetings, education in schools, etc., to try to promote the recycling program in Philadelphia.
And I think you also indicated that trash and the recyclables will be picked up on the same day so that people don't get confused as to what date the recyclables will be picked up? COMMISSIONER JOHNSON: That's a goal of the Department. We are working on some programs that would allow us to get more of the City to same-day collection so that it's not as confusing. 1768 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET One reason that people don't participate is because they can't remember when to put their recyclables out, and then there's another huge population out there that's just uneducated about the program. So we've got a program that's going to start in March that will address the education piece, and we're working on some operational changes to try to get more of the City to same day as trash collection.
Would it be your intention to have a weekly recyclable pickup? COMMISSIONER JOHNSON: I think weekly recyclables collection is obviously more consistent and easier to remember if it's on the same day as trash collection. We are trying to balance how we can get to that point with the cost of implementing a program like that, and we have some ideas and some recommendations to the Managing Director at this point, and we're evaluating those right now.
Thank you. Commissioner, if hot-in-place resurfacing is faster and more economical than conventional 1769 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET resurfacing, why are twice as many square yards of streets being resurfaced using the conventional method? COMMISSIONER JOHNSON: There are a couple of reasons. We haven't made a 100 percent commitment to hot-in-place --
Is that that massive machine that they use? And it's horrible in neighborhoods because the odor is dreadful. COMMISSIONER JOHNSON: It's a massive train of a machine that basically will mill the street on the front end of the train, reprocess the material in the center, and lay that material down on the back end of the street so that you don't have the inconvenience of having a street being milled and then having to wait a number of weeks before a separate crew comes through to do the paving. But we've only tested it in certain areas. We have had concerns expressed because of the amount of heat applied to the street and the smoke that results in tight areas where we have to turn corners or other things, it's not very effective. It's more effective if we use it in straight ways. 1770 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET So it's primarily been used on some of the larger streets at this point.
I know you could never use it in a residential area because, as I said, it's dreadful. Commissioner, how much money have we saved because of the lack of snow? COMMISSIONER JOHNSON: Well, that's part of our new snow plan: To have no snow. (Laughter.)
Wonderful. COMMISSIONER JOHNSON: It's been very effective this year. The one major snowstorm that we had, as you know, was forecast to be, you know, a 14- or 16-inch storm, and we had to prepare to handle a storm of that magnitude, but then the storm kind of fizzled out. It didn't come in as quickly as we thought, and it lasted for a longer period of time, and it was more of a sustained storm, an the, at the end of the day, Philadelphia maybe got 4 inches, maybe 5 in some areas. But because of the amount of preparation that we had to do for that storm, it didn't allow 1771 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET us to be as efficient in fighting that storm as we could have if it had occurred as predicted. As a result, I believe, we have, perhaps, $200,000 remaining in this year's snow budget.
How much had been in the budget? COMMISSIONER JOHNSON: $2,947,000.
How much? COMMISSIONER JOHNSON: We've actually spent -- I'm corrected. We've actually spent 1 million 555.
Well, I'm glad we didn't have more snow. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I welcome the opportunity to sit with the Streets Commissioner and staff around recycling because I, too, have an interest in that. I want to start off by -- pick up where you left off in your testimony and give you kudos from my staff for the tracking and reporting system that you've implemented under your leadership and let you know how that has helped us tremendously in 1772 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET better serving constituents. So hats off to you. My second question was all related to recycling, the pilot programs you've implemented, the tremendous improvement you've made under your leadership, but I can wait until the briefing is held with all Councilmembers to hear all of the details, but I look forward to that program with much anticipation, and in particular the relationship that will exist, or should exist, with the School District so that we can begin to train the next generation on the importance of recycling. Thank you very much. COMMISSIONER JOHNSON: Thank you.
Thank you. Good morning, Commissioner. COMMISSIONER JOHNSON: Good morning.
I have a couple questions, and also the Chair was very kind in holding, or asking, the L&I Commissioner to come back, who I'll want to ask some questions after your testimony. I just have a couple questions here. Did I understand from an earlier response, which is 1773 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET probably a part of Page, 2 expanded street-cleaning, I heard you talking about sidewalks. Are you talking about in commercial corridors or where? COMMISSIONER JOHNSON: Well, at this point, it's been very limited and only in commercial corridors.
Okay. COMMISSIONER JOHNSON: We have actually two machines, and we're purchasing three more machines this year.
But the sidewalk activity is primarily in commercial corridors; is that what you're planning to do? COMMISSIONER JOHNSON: Only in a commercial corridor
A commercial corridor. COMMISSIONER JOHNSON: That's correct.
All five of them are going to work in a commercial corridor? COMMISSIONER JOHNSON: It's a very long commercial corridor on North Broad Street right now, and it's just been tested. That was the initial location where we decided to test it, and 1774 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET it's been working quite well.
Okay. From where to where is it presently? COMMISSIONER JOHNSON: We don't have the exact boundaries, but it's between Erie and Ogontz.
Okay. Yeah, that would be a long commercial corridor, Erie to Ogontz. I need you, Commissioner -- and some of this may have started slightly before your arrival or maybe around the time of your arrival. I need for a fairly detailed, but not too long, explanation of where we are with regard to the 15 miles-an-hour school flashing zone lights. It's a program that started some years ago. I have some of my constituents who are very, very concerned about the status of the program and its continuation. There's one particular school in West Philadelphia, Our Lady of Lourdes, that has had ongoing concern, and I have a number of other schools in the district, and I know a list has been established. Can you tell us what has happened with the program over the past year or so? I think there 1775 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET was one year where we had no activity, and we're now planning to have activity. Unfortunately, Commissioner, it has put me in a position of giving people information that I've been given, and then deadlines not being either met or fulfilled, and a concern about whether they're ever actually going to get the light. So could you explain what has happened over the past couple of years and what the project is for when work will actually start? COMMISSIONER JOHNSON: I know that we've been looking very closely at the school flasher program and the construction schedules. As recently as last week, we talked about how we could try to accelerate some of the work that's being done. My understanding is that in November of last year, we completed the schedule for the year 2000. That was in November of 2001; the actual construction was completed under the 2000 contract. The 2001 contract construction schedule is underway. There is a new contract that we'll be 1776 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET issuing within the next few months, and what we're going to try to do is find a way to accelerate construction under this new contract so that we can get caught up. It seems like we're running about -- between the appropriation period and the actual construction period, there seems to be like a six-month delay. Now, what I have --
Commissioner, I'm sorry to interrupt you. When you said the 2001 construction schedule has started, where has it started? 'Cause, I mean, I'm not aware that there was a 2001 schedule or at least that one has started. I know about what's supposed to be happening in the next month or so, and maybe that's the 2001 schedule, but I'm not aware of any activity going on right now COMMISSIONER JOHNSON: Okay.
Other than finishing up a bid process. COMMISSIONER JOHNSON: Yeah, there is a current bid process that's being finished up and a set of school flashers to be done under this 1777 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET upcoming contract. What I have is a list of all of the locations that are going to be done under this next contract by district, so I have the list for your district.
I understand. COMMISSIONER JOHNSON: I also have been in discussions on how we can accelerate construction to get not only those planned under the current contract, but those that would be scheduled under the next contract accelerated.
Right, right. COMMISSIONER JOHNSON: I don't have an answer on how that's going to be accomplished yet, but we do have some ideas about how we could get it done, but we have to check with Law and Procurement to see what we can do with that.
Yes. I'm left at -- least with the impression that the information is we need to have whatever's going to be done under a certain contract, we have to have all of the information in from every part of the City or whoever is asking for one from the various Council districts around the City, and that no work takes 1778 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET place until all of the lists, or all of the locations, are in. And, I mean, that, from my perspective, seems at some level to create at least part of the delay, and I don't know where -- what people have to do to get all the lists in. I mean, we tried to come up with a relatively simple process. You fill out your application, you send it to whatever your respective school jurisdiction is, get the approval send it in to the Streets Department, go from there. But somewhere in the, I guess in the bidding process, there is this notion, or concept, that you have to have all of the locations already determined before a contract even goes out to bid. Now, I mean, look, I don't mean to tell you how to buy and procure things, but, I mean, if we had to wait until every office put in their pencil order, we'd never have pencils, and we certainly don't do it for heavy equipment, and machinery. I mean, we pretty much -- my experience is, you have a master contract, you go against that contract, you get what you need at the time that you need it. 1779 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET And I understand that these are not things that you go into a store somewhere and pick up off of a shelf; I mean, I understand it's specialized, or somewhat specialized, equipment. But, I mean, I think there are three or four different versions of a flashing light, and if we have a contract with someone to get what we need at the time that we need it, then we shouldn't be sitting around waiting for everybody to put their list in. I mean, it's like if all the kids aren't good in school today, nobody gets recess. I mean, it just doesn't make any sense to me. And we basically lost a year, as best as I can tell, and there may have been funding issues along with that, but I think we basically have virtually lost a year of activity while we have people who filled out applications a while ago, we keep telling them they're on the list, you know, you're at this place, you're at that place, you're at the other place, and then in the meantime, I have no answer, and I've got no light. And, I mean, obviously, you know -- well, I won't even go into yesterday. 1780 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET But tragic events like yesterday's just exacerbate the entire situation, and I just need to better understand why we have these gaps in the construction activity. COMMISSIONER JOHNSON: Well, in response to your comment, we don't disagree that there has been a delay in construction and that -- and we recognize that, and we're working on trying to correct it, looking for opportunities to try to accelerate construction schedules to try to get more work done under the next round of contracting so that we can get caught up.
Okay. COMMISSIONER JOHNSON: And when I say "get caught up," I mean we'll be in a position to contract for all of the flashers that we've been approved and funded for.
Under the current process that we're in now, do you know when the work will start, or do you have an estimate of when work will start for the known locations, the approved sites, as you called them, where people have already put in their applications? Do we know when the actual construction will start? 1781 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET COMMISSIONER JOHNSON: My understanding is that we should have a new contract in place within the next month and a half, maybe two months, which would put us into the summer and starting the actual construction. Now, I'm not sure if we have historically done one site at a time or two sites at a time, but those are the kinds of things that we're looking at. If we're hiring contractors to do work, I'm not sure why we couldn't do more than one site at a time, unless there's only one light available at any time and one pole to do it. So we're looking and talking internally about how we can accelerate the schedule specifically for school flasher installation.
Okay, I'll just mention one last thing just from a coordinating standpoint. I mean, obviously, when they're available, people will take them, and nobody's going to stand out there but, I mean, part of the program is the coordination between the City and the various schools -- public, private, parochial, whoever is getting the light. You know that there's a maintenance responsibilities as well as 1782 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET the timer issue with regard to building engineer or some designated person at the location. Obviously, schools are not open in the summer which, you know, adds to a whole other issue. Now, the funding for this -- I mean, didn't that funding become available July 1 in the 2000 Capital Budget? COMMISSIONER JOHNSON: As I recall, there was some delay. The funding was approved, but it may not have been available on July 1 last year.
Do you know why that was? COMMISSIONER JOHNSON: I remember having the discussion but not the details right now.
Okay, all right. If -- I know that the Budget Office is present or listening. If we could get a better explanation as to why money that is supposedly available to July is not available especially for something that's a safety -- COMMISSIONER JOHNSON: Councilman, this was a one-time issue, it was just a timing issue, that was all. 1783 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET And as I recall, we were working with Budget to make it available sooner. I'm not certain that it was available on July 1, but if it was not, it was probably available shortly after that.
All right. Well, Commissioner, I mean, the only thing I'm left, I guess, to say is -- is to pretty much state a little bit of the obvious, which is -- I mean, July 1 was eight months ago, and now we're basically saying, if we get a contract in place in two months, we'll be doing work in the summer. I mean, we will literally be in another fiscal year. I mean, it just cannot take that long, it just can't. I mean, whether for this one or for future ones. I mean, yes, we will have lost a year from the start of one fiscal year to the next with literally no production activity going on. And I just, you know, strongly emphasize and appeal to you that we need to correct this. COMMISSIONER JOHNSON: I think we're in agreement and we're committed to correcting that.
Thank you. 1784 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET Tell me about -- there was a bill passed a while ago having to deal -- having to do with issues affecting driveways and retaining walls and a proposal to, even if in a pilot program, fund the rehabilitation or reconstruction of these areas, which, in many instances, notwithstanding the fact that technically they are private property, they are certainly of a public use, City vehicles, specifically sanitation vehicles, in some instances, although we've had some relocations of pickup recently in at least some areas of my district to the front. Putting that aside, these areas are clearly used by many members of the public, not just the individual abutting homeowner. And does the Department have any plans or proposals to try to at least initially fund the proposed pilot program through the funding mechanism that was created by Council ordinance last year? COMMISSIONER JOHNSON: The Streets Departments does not have funds appropriated for that program, either in operating or in capital.
Can you give me any sense of the Department's intention going 1785 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET forward -- well, let me ask the question this way: What is the Department's position about working with citizens on these kind of issues? What's the City's position dealing with these kinds of issue? COMMISSIONER JOHNSON: Well, Councilman, the Streets Department worked diligently a year ago to try to help find a solution for the deterioration of retaining walls and driveways, and worked with your office in some instances as we developed a conceptual plan of how we may be able to mechanically get it done. Subsequent to that, we have not been able to find funds to prime the pump, if you will, to start or to initiate that program. We just haven't been able to get funded for -- find the funding for that program. But it's a program that we think would work mechanically. We assisted in developing that program, and once it's funded, would be able to work with citizens on addressing some of these problems.
All right, I'll have further discussions with the Budget Office about that. 1786 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET Do you have updated information with regard to a proposed new signalization, a computerized, maybe digital signalization plan for City Avenue, as well as the signalization program for the Green Lane Bridge, has that been completed? COMMISSIONER JOHNSON: I'm going to defer that question to Charlie Trainor. (Witness comes forward.)
Charlie Trainor, Chief Traffic Engineer. Councilman, I know of no plans, I have not seen any plans for modifications to the traffic signals along City Avenue. Regarding the Green Lane Bridge --
Well, let's stay on that point. Are you aware of the, I believe, that the City Planning Commission, at least two, probably three and maybe even four years ago, conducted a study of signalization issues on City Avenue and produced a report with regard to the need for an upgrade and change in the signalization on City Avenue obviously affecting both Philadelphia and Lower Merion? 1787 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
I don't know of any study on that. I haven't seen any report on that
Okay, I'll have the Planning Commission get in touch with you about that. Tell me about Green Lane Bridge
For the Green Lane Bridge, the traffic signal modifications on the City side of Green Lane and Main Street have been completed. I am not sure what the situation is on the township side regarding the exit ramps from the Schuylkill Expressway.
Well, isn't, I mean, the more comprehensive solution to the whole Green Lane Bridge situation, doesn't that require changes in signalization not only on the City side at Green Lane and Maine but also on the county or township side at the on-ramp to I-76?
Yes, it does, and that was a part of a PennDOT county project stretching along the full length of Belmont Avenue in the township. I believe that their contract has started, but I don't know where they are within that contract or in the improvements to the exits. 1788 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
Okay. Lastly, Mr. Trainor, let me put on the record here, and I think anyone who's within listening distance should take note. It is my understanding that in a recent conversation with a member of my staff, not only did you admit, possibly for the first time in your government service, that you were wrong on an issue, but also --
But also that in response to a question you actually said "yes." Commissioner, let me commend you for all of your efforts in the short period of time that you have been here to turn Mr. Trainor around. I think the government is clearly headed in the right direction, and I want to commend you. (Laughter.)
Councilman, has he now lost his title of "Dr. No"? (Laughter.)
No, Madam Chair, that test is yet to come over the next few months, 1789 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET but he is weakening over time. Thank you, Mr. Trainor. Thank you, Commissioner.
Commissioner, getting back to the blinking lights for just a moment, I know we appropriated $5,000. How many lights could be installed with that amount of money?
Oh, gosh... I believe... I believe that they -- hang on one second. (Commissioner confers with colleague off the record.) COMMISSIONER JOHNSON: Yes, it's between and 30, depending on the costs of the 16 construction. 17
Thank you. 18 The Chair recognizes Councilwoman Miller. 19
Thank you, Madam 20 President. 21 Good morning, Commissioner. 22 COMMISSIONER JOHNSON: Good morning. 23
And good morning to 24 the Streets Department staff. I just have a few 25 questions here. 1790 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET One, what is the construction -- completion of construction date for the Chestnut Hill Bridge? COMMISSIONER JOHNSON: It's better to give you a start date than a completion date. The bridge in Chestnut Hill, I believe some utility work may be underway. The bidding process for the major construction has not been completed yet, but we anticipate starting construction this year on that bridge.
Okay. All right, thank you. We'll have a meeting, you know, about this a little later. And I'd also like to know when you talk about the -- with the Sweep Program and people are out getting citations, you said that you've written -- you project to write 21,000 citations in '02 and, of course, with the increased amount looking at '03. I'd just like to know from you the same I asked from L&I. Can you get a record of those 21,000 and how many have been paid? 'Cause one of the things that happens is, I don't believe people pay citations and they 1791 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET continue to just get 'em for almost the same reasons, and this is really a quality-of-life issue out in neighborhoods. And with those citations, the citations that the Sanitation officer from the Police Department issues, those are two separate citations? COMMISSIONER JOHNSON: Those are separate citations.
Okay. COMMISSIONER JOHNSON: Now, we'll have to get you a breakdown of our revenue or the number of those citations that get paid on an annual basis /I know that it's a number that's probably being tracked in Finance, but it's a number that we can probably get for you.
Okay. And I'd also like to get information on the modernization and repair of street lights. Are you replacing the lights as they get broke or as a pole -- someone told me that the lights were being replaced if they were broken or if a car ran into the pole. Do you have a systemic plan for replacing the streets lights? 1792 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET COMMISSIONER JOHNSON: We're trying to modernize as we do repairs, but I believe Charlie does have a plan where there are certain areas of the City that he's working on systematically.
Okay. COMMISSIONER JOHNSON: But we do have the occasional knock-down or a signal that's going to go out or that goes out that has to be replaced, and where possible, we will try to upgrade it.
Do these lights give a better illumination? COMMISSIONER JOHNSON: Well, there are two things that we are doing. One of the things that's being done throughout the City is that we're replacing the red, yellow, and green lights with an LED light that gives an equivalent illumination but is more energy-efficient. And through that process, we've been able to save money, and project to save money, on our energy bills in the future. The other type of modernization is where we are eliminating a lot of the old electro- mechanical-type device signals and going into more solid-state controllers that could be centralized 1793 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET and controlled from a central location. So to answer your question, there are a number of things that we're doing to improved the quality of signals throughout the City, and at all locations, we are not actually going in and putting in fiber optics and tying them into the system. Some locations right now just, we're just upgrading or changing the type of actually light that we're using to more energy-efficient lighting.
'Cause in a lot of the neighborhoods, particularly in my district near Temple, you know, when you ride up Broad Street and it looks like it's daylight no matter what time you ride because of the lights at Temple Hospital and Children's Hospital. So many of the neighbors, you know, of course, want that type of bright light, and we understand, you know, I don't needs to talk about why it's like that there and why it's not like that in neighborhoods. But that just tells me that most people want a brighter street light, you know, for public-safety reasons. So I think that's all my questions, Council President Verna. And I want to thank you 1794 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET and thank the Streets Department. I do have some issues, but I'll be meeting with the Streets Department separately to go over some of the other things that concerns the 8th district.
Very well, thank you. The Chair recognizes Councilman Clarke.
Thank you, Madam President. Councilman Nutter, I just want to add to your first; this is a second. Mr. Trainor, Commissioner, I'd like to thank you for the 19th and Rittenhouse Square situation. Things are changing, Councilman Nutter. You all both know what I'm talking about. Thank you. Getting rave reviews for that light. I got a couple of quick questions, kind of follow-ups to earlier questions in a earlier hearing. One is my North Broad Street street-light issue, Avenue of the Arts North. I know it was maybe only a couple weeks ago that I talked to you about that, and can you give me a sense of any movement on that issue? Have we advanced that 1795 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET discussion on that issue? As that as I look on where you talk about modernization, and there are a substantial number of lights that will be replaced, and I'm wondering, are they being replaced with the traditional brown rounds, the traditional brown rounds, or can you give me sense of that and where we are with the Avenue of the Arts North? COMMISSIONER JOHNSON: Yes, Councilman. Typically they are being replaced with the -- with what we call "brown rounds," which, I've discovered, was a Streets Department-coined term to describe the difference in the type of pole that we're using versus the old aluminum pole, and there are some brown square poles. So these are what they call "brown-round poles." With regards to your question on North Broad Street, we've evaluated the cost of the lighting that had been planned to go in, which would have been the traditional brown rounds that we are replacing throughout the City and compared that to what's currently on South Broad Street and found that it would just be too cost-prohibitive to do that. 1796 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET However, we did look at a light fixture that was recently installed on Kelly Drive, and we believe that we would be able to put a fixture on North Broad Street similar to the one that we just installed on Kelly Drive specifically because it's the Avenue of the Arts and it's just kind of an area that we're trying to revitalize and continue some of the efforts that were done on South Broad Street. So this is not something that we would typically be able to do, but in this case, I think we're going to be able to do that if that will be satisfactory.
Because we did get additional funding from the State for that project. COMMISSIONER JOHNSON: We haven't been able to get additional funding from the State. We think that this fixture will be about to 20 25 percent more than the traditional brown rounds, but we may be able to find that money in the project.
I mean, you're saying that -- and I understand it was a problem with respects to the original appropriation lapsing, but 1797 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET we in fact went back to reignite that appropriations on the State level. Are you saying that we are not going to be able to get that money from the State? COMMISSIONER JOHNSON: No, no, I'm not saying that. I'm saying that the process that we went through to do the evaluation didn't incorporate going back to the State at this point.
Okay, that's using the allocated amount from the State. COMMISSIONER JOHNSON: Right. We might be able to find it within the monies that were allocated from the State.
Okay, okay. Thank you. The other issue, as a follow-up, I'm going to keep banging on this one. The public relations campaign on anti-littering, are we any further along on that one? And every time we come here and talk about NTI or Streets Department, I'm going to bring it up. I think we got to do something. COMMISSIONER JOHNSON: We have designed a conceptual campaign for anti-litter. We have initiated a litter indexing process throughout the 1798 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET City in support of that campaign but, again, we are still trying to identify funding to support the campaign. We thought we may be able to get funding from the State. The State has agreed to fund the recycling campaign that we alluded to earlier. They may in future years allow us to incorporate a stronger message against littering after we've shown some success and progress in the recycling campaign. But as of today, we don't have funding identified to support a campaign.
Well, are there any foundations, any nonprofits? I mean, I don't think we should limit ourselves to government. COMMISSIONER JOHNSON: Yeah, we were looking for both government funding and private funding source, and we just haven't been successful in finding any funding sources right now.
You need any help? COMMISSIONER JOHNSON: Yes, yes, we need help.
I mean, whatever I can do or whoever I can corral into supporting this 1799 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET particular initiative 'cause I know that a lot of people, a lot of my colleagues are -- we have a real issue about littering and debris being put in our streets, and we are increasingly being asked to add to our budget to provide a workforce to clean up after individuals, 'cause that's essentially what we're doing. And I think at some point, you know, we've reached a limit in terms of our willingness to increase our workforce to clean up after people, and I think we need to work on the front side as to change people's attitudes towards their community so we won't have to continue to ramp up our workforce on that. Ready, Willing and Able. I went to New York maybe four or five years ago when we initially started talking about it. Are you familiar with the program? COMMISSIONER JOHNSON: No. 21
It's a program that started in New York, was a -- it started in a transitional housing initiative where individuals who had substance-abuse problems or other problems got into a program, and the program actually 1800 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET created an initiative that individuals who were in this transitional housing development had to work and they had to pay rent and they had to become educated to become marketable. And in New York what they did was incorporated these individuals, particularly in business corridors, where they got contracts, went directly to the organization, and the individuals actually worked in the business corridors, cleaning the streets and the sidewalks. And I asked that question, and you mentioned earlier that the City was looking at an initiative on North Broad, and I was wondering if there was some discussions with that organization, particularly given the fact that they've already started working, I believe, in Fairmount Park and maybe West River Drive. And I was wondering -- I'm not looking to, you know, take any work from our great workforce in the Streets Department, but I think that as an addendum to the potential of us cleaning up that we need to look into the possibility of having them add on to a part of our process here. You may want to look into the New York 1801 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET model because they've been very successful there, and actually, my understanding is they actually got in the business community to buy into funding substantial portions of the contracts up there. Commissioner, I think actually it was last year, we talked about the potential of having multiple tasks for sanitation workers on their routes. Have we had any further discussions with the unions and the membership about that, or is that just a dead issue? COMMISSIONER JOHNSON: We have broached the issue with them and, in some cases, are able to get them to help us to identify, you know, if there are obvious problems on issues with the street in the field as they're going about doing their work. But their work is pretty intense and it's -- it's not something that I would say has been openly received in terms of adding additional responsibilities to the crew that's out there picking up 14 tons of trash during the course of a day.
Mm-hmm. COMMISSIONER JOHNSON: But wherever possible, they do cooperate with us, and our 1802 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET supervisors do cooperate in trying to help us to identify any problem areas or obvious problem areas in the field.
Okay, there's no 6 formalized agreement? COMMISSIONER JOHNSON: No. 8
Okay, that's fine. Lastly, earlier in your testimony, you talked the about snow removal budget. What did you say that budget was? COMMISSIONER JOHNSON: I believe it's 2.9.
2.9. COMMISSIONER JOHNSON: 2.9 million, and we've used 1.5.
The 2.9 was based on what, the anticipation of how many snowstorms? COMMISSIONER JOHNSON: I think over the years, it's just kind of been what's been appropriated for snow-fighting. As you know, it's kind of hard to predict what a snow season is going to look like, and that's kind of just been the amount that's been carried over the years and appropriated for snow-fighting efforts. 1803 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
So this year, we had one storm, not a major storm, and we spent half of the 2.9 allocation? So in prior years, I'm assuming that when we had the traditional winters, we went beyond the 2.9? COMMISSIONER JOHNSON: There have been more years that the Department has gone over on its snow-fighting budget. I know last year, we had -- people keep telling me it was a mild winter last year, but we had over 11 events, 11 or storms 12 that we were called out for. And we did exceed the appropriated budget. But the process is that if we have a mild winter, like we've had this year, there may be funds left over. If we exceed the budget, then we work with the Budget Bureau and the Budget Department of Finance to appropriate funds to cover the cost of fighting snow at the end of the year.
Councilwoman Miller, you had a question about the extra money, the leftover money from the budget, the snow-removal budget?
There wasn't much left. 1804 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
The Councilwoman wanted to know if we could use that money for school flashing lights.
We didn't have snow and we didn't that much left. I think we only had what, $200,000 left? COMMISSIONER JOHNSON: I think the school flasher program has been funded, I believe, at $500,000 for the current year. We still have a number of sites, though, probably the full complement of sites yet to be constructed under last year's appropriation. So I don't believe that the issue or the concern with the flashers is as much a funding issue as it is a process issue, and we're working on accelerating that process right now so that we can get more school flashers done.
Yeah, I think it's both, because in the City, we have Catholic schools, public schools, private schools, charter schools. Every year, my list grows every time a new school opens up, everybody, everybody wants a school flashing light now. So it's not so much -- so I just think we 1805 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET need more money so we can do more lights in terms of volume. Instead of three a year per Council District, we would love to do six a year. I mean, maybe some districts don't have as many schools, but I think we have a waiting list in my office of about schools. And at three a year, we'll never 8 get to that. 9 And then as new charter schools open, you 10 know, they want flashing lights, and this just 11 continues to grow and grow. 12 When I first came to City Council in '96, 13 it was a very short list, but now we have -- I have 14 a very long list that just continues to grow 'cause 15 everybody wants that. 16 COMMISSIONER JOHNSON: We have another 17 tool that we can use in situations like that. If 18 it looks like we're going to run out of funding 19 before we're able to get school flashers and it's 20 going to be a long period of time for the first year, we now have funds appropriated for what we call the flourescent yellow-green program. If you notice on Roosevelt Boulevard where we have the flourescent yellow-green pedestrian crossing signs, that's the type of sign that we can 1806 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET also use in school zones to kind of supplements our school flasher program. So we do have some funds appropriated to install flourescent yellow-green signs in addition to the school flashing program. So we can work with your office on looking at locations that are going to be out there in terms of the amount of time that it's going to take to get to their installation and look at the possibility of installing flourescent yellow-green as an interim step.
Okay, good. Thank you. COMMISSIONER JOHNSON: I would also like to add that I have here packets for all Councilmembers that would reflect, in addition to what streets we're planning to resurface in your districts, it would also reflect those areas that are scheduled for school flasher installation and a list of schools that are waiting to be scheduled.
Thank you very much, Commissioner. Councilman, are you finished? 1807 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
Commissioner, thank you. COMMISSIONER JOHNSON: Thank you.
Thank you very much. At the request of Councilman Nutter, we're calling back the L&I Department. (L&I Department members return to the witness table.)
Thank you, Madam Chair. And first, to the L&I Commissioner, thank you for staying. I apologize to you and to your staff. I was delayed by other City business, so I know that we're taking you out of turn. To Commissioner Kishinchand from the Water Department, I apologize for any delay as well, but I do have some questions that I need to ask of the L&I Commissioner and his team, so I apologize to both and I thank you for your cooperation. Commissioner, let me start on 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET your testimony. The first bullet is encapsulation. Your testimony talks about in FY '03, under the auspices of NTI and working in conjunction with the Housing Authority, you're anticipating doing 350 properties for encapsulization, which I think is up from -- what is it, 72 in '01 and how many in '02, 100? Is that on the service report? COMMISSIONER MCLAUGHLIN: We're estimating about 60.
60? COMMISSIONER MCLAUGHLIN: Obviously, we missed it in the report.
Okay. Do you know at the moment how or where and when for the encapsulization for '03 where the activity will take place, what's the schedule, the timetable, and the location?
Councilman, the NTI staff, along with the contractor hired, Hill, will work with each individual Council District Councilperson to arrive at what will be done, when and where it will be done in their Council districts.
All right. Deputy Commissioner Solvibile, do you know when that will 1809 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET take place?
The prototype in Strawberry Mansion is being worked on now, and I can't say when it will be done in each district, but I know the start of it will be -- they're putting out the package for Strawberry Mansion for demolition in April, I believe.
Okay. COMMISSIONER MCLAUGHLIN: I'd just like to emphasize something that we said before, and that is L&I does exist outside of NTI, and we'll be making those same decisions that we've always made in other neighborhoods besides the NTI project neighborhoods.
All right. I appreciate that, Commissioner, and I know that the folks in Strawberry Mansion will be very happy about the prototype or the pilot, and I'm sure they'll be talking to Councilman Clarke about that.
I'm sorry, Councilman. The further answer to that is that initially the intent is for every two weeks, a package of demolition/encapsulation to be put out after April.
Okay. The second 1810 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET bullet point on is about the Vacant Lot Cleaning Program. Your testimony says, in January '01, you did a vacant property survey, and there are 30,729 vacant lots in the City. In the spring of '01, you started cleaning the lots, and the City was going to start to bill people for the cost. Do you know if that component has taken place?
Absolutely. It's ongoing. The Managing Director's Office was gracious enough to let us hire an additional clerk that was placed with our Clean and Seal Unit, where the billing takes place for cleaning of vacant lots. And that has been done and it is being done presently
I'll have to get back to you. I'm not sure of the answer today. It would have to come from the Managing Director's Office, I believe.
And who's going to do the follow-up to make sure that people pay?
The Revenue Department. And/or if they don't play, a lien's placed again 1811 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET the lot that the City then tries to use -- that the City uses to put up for sheriff's sale and for community use and/or to become part of a redevelopment package. COMMISSIONER MCLAUGHLIN: That's a standard practice within Revenue for all of our liens.
Later on in the same section, FY '01, you cleaned and sealed 1693 buildings in FY '01; 3132 this year; 4,016 in FY '03. Now, is that -- again, the FY '03 number, is that with the anticipation of NTI funds or how are your clean-and-seals increasing over the past couple of years?
We're not doing lots. Presently with the Managing Director's Office doing lots, our crews that used to do lots and buildings now can concentrate on just doing buildings -- with one exception. We still work with a first- offenders group who does lots for us, but we do that -- we coordinate that with the Managing Director's Office.
So you're saying that 1812 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET now you'll be able to do more clean-and-seals because you're not focussed on vacant lots?
Yes. The crews that were at one time -- at least half of our crews was working Lots; now they can just concentrate on doing buildings.
And can you provide, through the Chair, a list of the vacant lots throughout the City, the 30,729 by address, by Council District?
The Biannual Cleaning Schedule, what is it? I mean, when will the various lots --
Okay. With regard to the tours, FY '01, FY '02, $2.5 million to correct problems that were 1813 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET identified in various tours. Do you have a list of the various problems, the corrections that were made and the costs?
Yes. We can provide that to the Chair. We track it. The costs we would have to add to it for some of it, but yes, we can do that.
Okay. Well, I assume that you knew the costs based on --
We know the total but we didn't -- I'm not sure that we had it broken down individually for clean and seal. The 2.5 cost was mainly for encapsulization and demolition.
Okay. On your testimony, Fire Safety. What's the inspection program as it relates to school buildings?
As far as the inspection program, we try to get into each school on a yearly basis.
And, one, I guess is, do you get the level of cooperation that you need from the School District? And what exactly are you checking for, and is it only a fire safety inspection? 1814 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
In the school district, in the school buildings, we look for fire safety as far as egress, fire alarms, any part of the fire system. As far as level of cooperation, we just had a meeting recently, our Chief of the Fire Unit had a meeting with their maintenance people, and we have been in touch with their Chief of Security, Dexter Green, and have an ongoing dialogue with him also now.
What about the other various codes in, I guess, what's generally either the building code or the property maintenance code? What level of inspections do we have again at the various school buildings regarding plumbing, electrical, building and other various codes? What is our schedule? what are the requirements? and under what provision, if any, are school buildings required to be inspected?
The buildings are required to be for fire safety. If our fire inspectors are in the building and notice anything out of the ordinary in reference to the plumbing or electrical system, they'll notify the appropriate unit. 1815 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET A school building is not -- we do not inspect for property-maintenance issues on a School District building.
Basically, when a building is constructed, it comes under that code at that time. If there's issues as far as, again, fire doors hanging or things of that nature, we'll be involved with that, but as far as the structure itself, we don't have jurisdiction over inspections.
Councilman, David Perri, Deputy Commissioner. In terms of the building, plumbing and electrical code, the School District does secure permits anytime that they're doing that type of work. Those codes are not retroactive; they're only enforced at the time that a permit is obtained, and the Department has been doing ongoing permit inspections to make sure that building, plumbing, and electrical provisions and permits are being adhered to.
Well, I understand that. Well, let me ask this question: How do we know on an annual basis from school year to school 1816 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET year that any of our school buildings are safe and appropriate for children or adults to spend six, seven hours a day there?
Well, in general, the fire code deals with retroactive requirements and ongoing maintenance requirements for school buildings as well as other buildings in the City. And the fire code is pretty extensive, especially as it deals with school buildings in terms of making sure that panic hardware is in place, the fire alarm system is operational, the stair towers are operational. So as long as they're not altering the building, the building would have been deemed to have been safe at the time it was constructed and/or any additions on that particular building. So then you're into basically a maintenance-type inspection after the building has its initial occupancy. COMMISSIONER MCLAUGHLIN: I think to answer your question, we have no program for monitoring those issues other than fire issues inside those building. They're the responsibility of the people in charge of the building. If we got 1817 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET a complaint, we would answer the complaint within that discipline.
Is there an annual certification or a report made about, again, specifically all of the school buildings with regard to the either fire-safety inspection or any other inspection? COMMISSIONER MCLAUGHLIN: We have not done a report like.
Does anybody sign a document saying that there has been such a safety inspection and whether the building passed or failed? COMMISSIONER MCLAUGHLIN: There are certifications that come from each inspection of the fire system by certification companies, companies that actually look at and test those alarms. They supply us with certifications.
Okay. Let's talk about code violation notices. It appears that -- I guess the number is going up, more code violation notices issued. What is your experience with regard to either compliance of paying a fine or the stopping 1818 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET of certain behavior that was the reason that the violation was issued in the first place?
We already stated that we're going to get a report from Administrative adjudication to see what our rate of compliance is or our rate of payment of those tickets are. In most cases, the tickets, we found in a few cases where the tickets actually work where they're given out on a daily basis. We go back on the third day and most of the time, it's complied, the situation is complied.
Commissioner, I need to mention to you -- and then I'm going to talk about some nuance activities. I received a response to a request to a question about enforcement activity, and you and I and various members of your team have had discussions in the past about enforcement and when the matter proceeds to court and who takes the matter to court. I have -- and I've not had an opportunity to talk to them. I mean, I have a virtually unintelligible, although English-based, response from the Law Department as to who's responsible for 1819 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET taking what to court under what circumstances, whether it's the Law Department, whether it's L&I. Now, I did learn to read a long time ago, and I know what all of these words mean, but as they are phrased or put together in sentences, I'm left slightly perplexed as to whose ultimate responsibility it is to take a matter to court, what court do they take to it, and who has to carry that ball in terms of follow-up. The Law Department says L&I has all of the various powers and duties and abilities to move things to court. The last I checked, most of you are probably not attorneys, and so the ultimate argument in court is probably an argument that needs to be made by the various attorneys. And so there seems to be from time to time a shifting back and forth of who has what responsibility and what jurisdiction, and to just get something to court is one thing or have it lined up to go to court, but to actually have it proceeded upon and action taken and a prosecution, it seems to be an entirely different issue, and at times, a less than enthusiastic response in terms of what matters actually go to court and who does 1820 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET what. So I'm going to tell you -- and I'll be glad to give you a copy of this. I mean, they cite chapters and verses of the City Charter, the Philadelphia Code. They left out, you know, the Constitution of the United States and the Magna Carta. But it is not crystal0clear to me as to who actually does enforcement in the City, which then leads, from my perspective, to no enforcement and a complete breakdown of anybody's belief that something is actually going to happen to them. There is a mindset in this city that says it is clearly easier to either avoid the government or, at a minimum, ask for forgiveness, rather than to ask permission, the result of which is a whole host of things that go left unchecked. What are we going to do to not only issue the violation notice, which I commend you for, but actually have some action taken? COMMISSIONER MCLAUGHLIN: Part of the issue is our fault and part of it lies with the court system. To address the court system part of this, 1821 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET we met with Judge McCaffrey regarding Municipal Court. You know, the problem with writing a violation, doing a follow-up inspection, finding out that the person did not comply, and then sending it to Municipal Court was taking the issue, the community issue, and sending it into an abyss just where the complaint just languished. Judge McCaffrey recognized that and brought us to a meeting where both he and Judge Silverstein suggested that from that point on, and that about a month and a half, two months ago, that we ask for $10,000 conditional fines on all of our Municipal Court cases. Councilman, I assure you that we have been getting better compliance, a lot of reaction to that. And, of course, that goes away right back down to court costs if people pay attention to it. The other side of this, and this is the issue of...
Tracking. COMMISSIONER MCLAUGHLIN: Equity Court, Equity Court, where -- go ahead, Bob.
Yes, Councilman. We're represented by attorneys in Equity Court. 1822 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
But in Municipal Court, we have our hearing officers that are code administrator ones that represent us. And as the Commissioner said in very plain English, we told our hearing officers, in all cases where there's not compliance we want the maximum fine, which is $10,000. And where a owner comes forward and has complied with the violation prior to having the court date, but a court notice was sent, we told our hearing officers they can make agreements for $200 per inspection that we were forced to make. If Deputy Commissioner Verdi's housing people are out there 5 times, we ask for $1,000 plus court costs. COMMISSIONER MCLAUGHLIN: The other part of the problem lies with the client relationship of L&I with the Law Department, where they're clients. I've talked to Cheryl Gaston about that, and Cheryl very graciously accepts that role as us being the people to hold them accountable for what they're doing for us. In that regard, we have instituted a 1823 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET process where we're better monitoring the cases that we send into Equity Court. And I see Bob moving again; he wants to talk more about that
We initially were going to check if the request was made to Equity Court every four months to make sure it was moving along, but yesterday, in talking with the Commissioner, we decided to make it every month that we'll check on the status of the cases. And that, I think, affects a couple of the project that were involved with you, Councilman.
You're correct, and I'll get to those. I would like to suggest, though, for the record that there still needs to be greater coordination between primarily L&I and the Law Department. There's been some discussion around here in a different forum possibly about the need to separate out all of these housing and building-related issues and violations possibly into literally a separate court system, similar to what they have in Cleveland, where they have a 1824 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET Housing Court. COMMISSIONER MCLAUGHLIN: Right.
That's what the judge does, they have a whole staff of people that not help people get resolution to their issues, but also action to be taken by that court. They understand the issues, they pay attention to what's going. On in our Municipal Court, and sometimes certainly even in our Common Pleas with the Equity Court, one minute you're dealing with a housing issue, the next minute, you're dealing with some other issue. And, obviously, the judge has to pay attention to a whole variety of different things coming at them. And I think that the more specialized court for these kinds of activities will get you quicker resolution and more direct action as it relates to not just, are we checking on a person to see if there's movement. I mean, you know as well as I do that people play this system, they know the rules and regulations as well, if not better than, we do, and can extend their time doing whatever it is that 1825 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET they're doing way beyond what anybody thinks is acceptable. Let me commend all of you for your work with us on nuisance-type issues, the work that you've been doing and have committed to do for a variety of my constituents, and in particular, the North Light Leadership Team and St. Lucy's, Wissahickon Neighbors, Manayunk Neighborhood Council, some of the activities that we have going on over in the Wynnefield and Overbrook sections. I do want to thank you for that. This is not just, you know, a time to talk about the things that are not working. In this particular realm, we've done a lot of good work together, and do I want to thank you and commend you for those activities COMMISSIONER MCLAUGHLIN: Thank you.
" I don't want so much to talk about that; what I want to talk about but in that regard is, I'd like to ask you to give thought and work with other appropriate departments of government and the Managing Director's Office, 1826 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET and I have had this discussion before. I think that there is a need for the creation by the government of a small booklet. " I think that anyone conducting business in the City, having a real-estate transaction, that as a part of that transaction, they should have this document so that they understand upfront, day of transaction -- I mean, I'm not saying give them a Philadelphia Code; no one would ever take a look at that, but there are certainly portions of it that could be extracted and highlighted as things that -- the fundamentals that people need to know and understand. When we talk about the Water Department, who's coming up next, I mean, people need to know and understand that a sewer lateral is a part of their responsibility. It's not ours, it's yours. You own, it it's connected to your house, and our responsibility starts at the sewer. And there are a wide variety of things that are a part of Philadelphia Code that people 1827 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET either don't know or claim they don't know, and they're not necessarily going to knock themselves out trying to find out about it, and I think that if we produced a document like that, it might be somewhat helpful to us. I just have a couple of other items, gentlemen, and then I'll let you go I'd be intrigued to learn more -- not necessarily right now -- about what you have on , this LY&I and Law Department Training Program. We just talked about the nature of the relationship between the two departments, and I'd like to encourage us taking that relationship to another step. You talked about simplifying and consolidating permits and licenses. I look forward to the day. " I mean, we -- you know, it is a gauntlet trying to do anything in this city, and the notion of calling something a "business-privilege license" 1828 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET is an insult to anybody to get one. One, it's a privilege generally to have many of them here. It is a major hassle at times to try to do anything in this city, and just when you think you've gotten all of the items that you believe you're supposed to get, we come along and tell you about this one another thing, from which we will now extract either more money from you or force you to fill out another form and possibly jeopardize all of the other licenses that you have. To the extent that some of the licenses have to be separate because they are unique and special, I understand that. But if you're in the restaurant business, you should basically be able to get one license for your restaurant business. The fact that you want to have entertainment or you want to have a dance hall or something like, that should all be included as a part of to a larger checklist. To the extent that the community needs to know that you're going to have dancing, obviously you don't want to obscure that and you don't want to minimize that. On the other hand, making someone get all of these separate licenses, all of which you have 1829 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET to have anyway to be in business, but that they are separate, does nothing but drive people crazy. And so I look forward to this program and to the extent that we can have fewer licenses and fewer permits. Not trying to hide anything from anybody or obscure anything, but cut down on the amount of time and paperwork that people have to spend at various agencies. And I know some of this stuff may eventually go online to make it simpler. I think you'll be doing all of us a big favor. Tell me about lead paint and any inspection processes that the Department engages in. We had a lot of discussion yesterday about lead paint in the City.
We had some discussion, again, in the real estate transaction requiring not only the notification or disclosure requirement but also that the person -- either the seller or the buyer -- actually has to do something about lead paint in the house that they are buying or selling before that transaction can be effectuated. Tell me anything that L&I does with regard to lead payment in either abatement or the possibility of lead poisoning of a person or a child. 1830 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
A few weeks ago, one of our supervisors from our Housing Unit met with some people over at the Health Department, and we're working back and forth information from our people to theirs in reference to some lead-based paint issues. Basically, it's going to involve our referral over to them when we see any chipped paint in apartment buildings or houses that we get called to. The majority of the violations right now would come from the Health Department 'cause our inspectors not trained in lead-based paint abatement or testing. That would come directly from them. But we have been speaking to them, and we'll be having ongoing talks with them on how to enhance our efforts to help in the enhancement.
Well, let me give you at least one idea. I don't know necessarily at the moment that I'm prepared to call it "a suggestion," but on the last item in the testimony, we talk about this real-estate certification. Now, we have talked about this on a number of occasions. And as best I can understand, in the 1831 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET sales transaction, you ever to get a certification. If there's never been a violation against the property, or there are no open violations that we know of, you basically get a clean bill of health. COMMISSIONER MCLAUGHLIN: Right.
Which, in reality, is meaningless. COMMISSIONER MCLAUGHLIN: Mm-hmm. It just means there's no violations.
There could be 12 against the property, but if no one ever inspects 13 the property, no one will ever know about it, so 14 you believe that you're getting a document that's 15 telling you that nothing is wrong when all it means 16 is that some neighbor, some person, somebody never 17 called the Department, and it has no open 18 violation. It doesn't mean that there aren't any 19 violations; it's a virtually meaningless piece of 20 paper. If there is a violation, tell me what happens. You go to get your certification, there's an outstanding violation on the property, what happens? COMMISSIONER MCLAUGHLIN: Well, there's 1832 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET two things that could happen: You could clean the violation up, you could do whatever you have to do to comply with the code, and it disappears from the certification; or you could take a certification to closing with that violation on it and debate whether the person who's buying the property will accept that responsibility, because what happens when a new owner takes over, the violation gets put into that owner's name.
Well, let me mention this to you: We have a little place near us where some Philadelphians flee from time to time. In Lower Merion Township, they have something called a "seller's certificate," and you can't sell your property in Lower Merion Township without a seller's certificate, and you can't get a seller's certificate unless the township has come out and inspected visually the exterior of your property. And if a down-spout is not connected, if your sidewalk is broken up, or if there are other violations against the property, you don't get a certification; no certification, no sale, end of discussion. All I'm talking about is giving some 1833 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET meaning to a real estate certification that has value to, at a minimum, the buyer, and tells the seller, You're either going to do it or the buyer's going to do it, but somebody's going to clear this violation. I mean, there's not much debate about a closing. I mean, you're either doing a transaction or you're not. But at the moment, you know, you've got -- whatever the violation is, I don't think it's going to get resolved at that table. And if the seller agrees, all right, fine, I'll deal with it, and I know it's on there. Virtually nothing's going to happen to him anyway so, I mean, that doesn't get you anywhere, it doesn't get you to get to a resolution, and you haven't caused anyone to change their behavior. COMMISSIONER MCLAUGHLIN: Well, getting back to the $10,000 there, hopefully that got somebody's attention a long time before the house is ready to be sold, hopefully.
I understand. I appreciate it. All right, the last issue for the day is signs, signs out on the highway, signs out on 1834 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET poles -- this is separate and apart from billboards. Now, I brought in today a sign that I took from the intersection of Parkside and Girard Avenue on Saturday. It is a sign for a business in my district -- (Councilman holds up red and yellow sign that says "Furniture Liquidation, Furniture Express. Saturday, Sunday, Monday...") -- which was out in the planning strip on the Parkside of Parkside and Girard. There were about of 'em out there, and there are usually a 15 bunch of them on Lancaster Avenue. 16 Now, I don't understand why people can put 17 signs out in the public right-of-way, signs on 18 poles that say "Call Me If You Want a Job," 19 "Call If You Want To Lose Weight" -- I mean, maybe 20 I should use that one. Call here, call there, roofing, all kinds of advertising on poles, and this stuff's out in the roadway and no one ever grabs it. I don't know that anyone called this business and said, "You don't have a right to do this." 1835 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET But I am sick of it. It is all over the place and stays out there forever. Now, they have no right to put this kind of signage out in the middle of the public right-of-way, in planning strip, or anywhere else. So my question is, what do we do about people who do put out illegal signage for which they clearly have no permit, no right, nothing? Do we ever contact them, do we rip the stuff down ourselves and send them a bill or anything else? COMMISSIONER MCLAUGHLIN: The issue is most of the time on those signs is that you can't find out who the offending party is.
I think the offending party in this one is Furniture Express, and they're at 54th and Lancaster, and their building is painted red and yellow.
I'm going to take your sign when we leave, after the Commissioner -- COMMISSIONER MCLAUGHLIN: Yes. And this is something that L&I does all the time. We take those signs down, we confiscate them, we issue those CVNs for that, but it's back to L&I can't be everywhere, and do I do a programmatic thing for 1836 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET signs? I don't think so; it's way down on the list of priorities on how to use inspectors. But we'll respond to any, you know, to any complaints like that.
Well, I understand that, Commissioner. COMMISSIONER MCLAUGHLIN: And we have responded. It's just not -- it's not something -- we don't have a detail of people riding around the streets looking for these signs. I'll tell you one thing that's going --
Well, I think we need a detail because, I mean, if you want to talk about blight elimination -- COMMISSIONER MCLAUGHLIN: I understand.
This has a serious blighting effect in many neighborhoods throughout this city. And, you know, if people want to advertise, you got a newspaper, you got a radio, various forms of communication, and we'll have a subsequent discussion about billboards. You have a permit, fine, put it on a billboard. I don't even like it but, I mean, if it's legal, that's fine. But in other jurisdictions, you just can't 1837 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET do this kind of stuff, and people do have a dedicated group of people who go around and deal with this. I mean, blight is not just a building falling down; it is a about a quality of life in certain neighborhoods where people think that they can do whatever they want to do, and no one's going to do anything about it. Now, that has a blighting effect on some people, and those people make decisions about where they want to live, because they don't have to live here. They just go. You can't do this kind of stuff in a whole host of other jurisdictions. And I understand that no building falling on someone matches up with this; there's just no 16 comparison between the two. But in some places, it is a very serious issue, and people do make decisions about what they're going to do. This a city that's becoming poorer and poorer and poorer for a variety of reasons, and I'm not saying that anybody moved because this ugly sign was out at Parkside and Girard Avenue; it just contributes to an environment of, It's a sign today, it's another thing tomorrow. It is the lack of civility in many neighborhoods throughout this 1838 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET city that tells people no one cares, because until my neighborhood falls apart, I will get no 4 attention. COMMISSIONER MCLAUGHLIN: There's a pilot program that's now ongoing in the 24th Police District, and I understand that it's going to go to -- there's Youth Aid Panels in every police district. Youthful first offenders get sentenced by these people. In the pilot program in the 24th District, it sentences those youthful offenders to going out and doing what you're talking about; Going out and collecting those signs. Now, those signs -- they're recording the location of the signs, and I've just talked to the people that are running it regarding getting those signs to us, or at least getting a sample of the sign to us in case we can ever -- you know, in your case, we'll go after the specific individual.
Right. COMMISSIONER MCLAUGHLIN: But, you know, regarding those Diet Right signs and all that stuff you see --
You've got Diets, 1839 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET you've got, you've got Charlotte's Earrings, you've got Sam's doing this and Joey's doing the other thing. I mean, they have either phone numbers, Websites, something. I mean, someone could spend a little time finding these people. COMMISSIONER MCLAUGHLIN: We do that.
I mean, the only reason they have a sign out there is because they want someone to call them. COMMISSIONER MCLAUGHLIN: We do that.
And do we -- we do what? COMMISSIONER MCLAUGHLIN: You can imagine, they're trained not to give out any information. I mean, we've sent violations -- go ahead, Dominic.
We've sent violations. I went as far as sending a violation to Sony themselves because we couldn't get -- we had a record label. Over the weekends -- after the weekends in the club districts, especially in the area where we discussed earlier, in Manayunk, you're going to find signs posted all over.
We've asked our inspectors to 1840 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET go through as they're doing their block checks. Business Compliance is in charge of those illegal signs also. So we've asked them to go through certain areas during the beginning of the week to clear out the mess from the weekend.
We've asked the Police Department to keep a lookout for the companies that come along and post these signs. If you looked on Delaware Avenue tonight after midnight, you'd see posters from Spring Garden Street all the way up north; and look south, you'll see the same thing. But what happens is, a lot of these posters are advertising a product. We go as far now as actually writing a ticket and sending it to Sony, who is the recording studio for that artist because we can't get an address for the artist.
The dot-com companies, we've tracked them down, and I've personally sent them e-mails on their Websites. And, unfortunately, I can't send them a ticket over the Website and I can't get their addresses. But they're smart enough to know to get a toll-free number, they get 1841 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET a Website where we can't hit 'em with an address, and they're posting signs all over. So the best we could do is, our people take 'em down, and in some cases, I've asked the Managing Director's help through Tom Conway with anti-graffiti that if they see them, take 'em down and send 'em over to us, and we'll issue the violations as needed.
Okay. Last question. What's going on with -- throughout the City with regard to billboards? What is our policy, what's happening with permitting, and what's going on with illegal billboards? COMMISSIONER MCLAUGHLIN: For the last year, I -- for the last year, I have had people working on gathering the information, trying to identify the locations of all of the billboards. We've worked with SCRUB and gotten a lot of information from them regarding billboards are. There's not one billboard that is put up today that has not gone through a legal process, that has not gotten a permit, a building permit, gone through the -- gone in front of the Zoning Board, either been turned down or gotten permission 1842 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET to exist. The billboards that came up over time, when nobody cared about billboards and nobody was paying attention to the h sheets (ph), what they call the signs that are on the sides of the buildings.
I understand. COMMISSIONER MCLAUGHLIN: Nobody was paying attention to the evolution of all of that. We are now trying to get a handle on all of that. We have somewhere in the area of 4500 records on 4500 sign faces. The ordinance 14 regulates sign face rather than the billboard itself.
Okay. COMMISSIONER MCLAUGHLIN: Some of them are double and triple on one structure.
Right. COMMISSIONER MCLAUGHLIN: So what I'm looking toward in computerizing all of that information, creating inspection forms, we're going back over the record with all of those -- each individual record and putting in a census tract. By the end of this year, we'll be conducting a 1843 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET citywide survey, using census tracts and having inspections conducted both to verify the information that we have in our record and picking up any additional signs. Our objective in everything doing is to have every sign, piece of outdoor advertising in the City legal, but it's a process that nobody has successfully done before. I know three commissioners that left it on the their successor's desk; I don't want to leave this on my successor's desk; I want to legalize, before I leave, every single sign.
Or if they're not legalized, have them removed. COMMISSIONER MCLAUGHLIN: If that's what it takes, yes.
Well, is your new automation system going to help you with that? COMMISSIONER MCLAUGHLIN: Yes, absolutely.
And when will you have that? COMMISSIONER MCLAUGHLIN: Thanks to our Managing Director, L&I's automation has been put on the fast track, and we've got two pieces. You 1844 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET talked about the certification; very shortly, the certification should be online so that useless piece of paper will be -- we'll be able get that over the Internet. The other part of it is our inspectors on the NTI should be out in the field -- will be out in the field with IPAC handheld devices where they'll be able to see violation information and enter information actually on the device.
Okay. Thank you, Madam Chair. Thank you, Commissioner and all of the Deputy Commissioners, thank you.
Thank you again. We appreciate your coming by. Oh, I'm sorry, Councilman Ortiz.
Yes, I have a few questions that emanated. Inspector, Councilman Nutter asked you about the billing for the empty lots, but I don't know if he asked you about how much revenue have we gotten from that billing, if any, the enforcement of that?
It's very -- it's probably 1845 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET percent, percent. The more important part -- well, we have to bill as part of the City Charter.
But I believe the more important part of the billing is that it gives the City the ability to take that property and turn it over to somebody who will do something with it, the liens that we place.
And do you have a certain amount of -- in terms of the liens that we have imposed on all of these properties, how much is the amount? COMMISSIONER MCLAUGHLIN: We own most of those lots anyway.
Okay. COMMISSIONER MCLAUGHLIN: I mean, you know, when you're talking about revenue coming in, most of those vacant lots are City-owned lots, 40 percent.
I was going through your decisions here, and you have one construction trades inspector for plumbing. Is there only a need for a construction trades inspector for plumbing, or is there a need for more in the other 1846 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET trades?
Yeah, in terms of plumbing inspectors, I believe we have currently in 5 the -- on our budget. The position you're talking 6 about, which one are you referring to? 7
, 24, Housing 8 Code Enforcement. Two bilingual inspectors for 9 housing and fire inspection. 10
In terms of that plumbing 11 inspector, that inspector previously worked in the Construction Division, which is my division, doing permit inspections. We felt there was a need to have a plumbing inspector involved with Housing and with Business Compliance, commercial/industrial inspection, and that inspector was transferred over to that particular division.
Is there other construction trades inspectors, or is this the only one?
We have constructor trades inspectors -- building and electrical.
I don't see that. 1847 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
That's just in the Housing Division. In the Construction Services Division, we have other inspectors. This is an atypical assignment. Most of the construction trades inspectors would be in the Construction Services Division, not the Housing Division.
Do you have plans for more? COMMISSIONER MCLAUGHLIN: We have more than that.
In that particular unit. We have a total of bilingual people in the 18 Department. Most of them are either in our 19 Business Regulatory Unit, the Housing Unit, we have 20 a couple in the Fire Unit, so that we do have a number of bilingual inspectors. But we are always looking for more bilingual inspectors, and we have recruited, and we have a special title for 'em, as you can see, and we do recruit on a regular basis for those folks. 1848 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
Commissioner, in terms of the piers, how is it going and how many of the owners of those piers have provided certification, or how many have you certified as safe? COMMISSIONER MCLAUGHLIN: We only -- out of 140 -- how many did we say? 144 or something like that. There are two that we're still dealing with to try to get certifications. We have certifications, and all of rest of them were satisfied that they are either safe in themselves or restricted from public access. And both of those are Conrail. Conrail is trying to figure out whether it's CSX that should be responsible or Conrail; we're back and forth between them, trying to figure out who's responsible for the pier.
I just found out that roofing permits are sold in advance to contractors.
We put together a program to sell to licensed contractors prepaid roofing permits. They're valid for single-family re-roofing projects. The problem that we had was, if you have a rainy period, people want their roofs replaced 1849 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET immediately, and contractors are making the excuse that they didn't want to have to go downtown to pick up those particular permits. So we said fine, and we put together what we call a "poor man's Internet," which is were we basically sell these permits to the licensed contractors in advance, and when they get a particular job, a contract from a homeowner, they activate that permit by notifying us and by giving the homeowner a copy of the permit document. It's also a safeguard for homeowners to know that the contractor that's producing a copy of that permit is a licensed contractor, has insurance, and has met the City's requirements in terms of permitting.
And do you have, in terms of minority lines, contractors that are African-American, Latinos and so on down the line?
These permits are obtained by the private industry, and any contractor that obtains a contractor's license is eligible to 1850 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET purchase 'em. They're not under contract with the Department or the City; these are private individuals.
In terms of demolitions that took place in 2000, 2001, and the first half of 2002, how many of these contracts went to minority contractors, and what was the total of the amount of monies that went to minority contractors?
We can provide that for you. There are several that are minorities and/or female-owned companies. We can provide the amount of money that was awarded to them to the Chair.
You're welcome. Are there any other questions from members of the committee?
Yes, sir. The Chair recognizes Councilman Cohen.
Thank you, Madam President. I think we're all very heavily indebted to Councilman Nutter for his presentation particularly 1851 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET today on what L&I ought to be doing, the services that you ought to render. I think it's the agency that's probably the most important one in the whole City, even though it's never recognized as that. I think it probably has to be doubled at least in size if it's to do all of the tasks that are assigned to it. Historically, the agency has always cooperated with the City. We've passed all kinds of ordinances signed by the Mayor imposing duties on L&I, and in a very cooperative way, the L&I Department always tells us that they're going to do their very best, they're going to try to do it within the present size of the staff, because we always ask them to do the impossible. And the results have been what, I guess, we should have expected. When you spread too thin over too large an area, there are very distinct limitations, and I think we suffer from them. And probably the biggest reason Philadelphia has been losing population is because in the business area, there is this constant hassle about permits, about what is required, and nobody's ever solved in an easy way to make it easy for 1852 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET someone to get into business and to do it lawfully and to meet all of the necessary requirements. And in the community, the feeling is very largely, almost anything goes. I'm -- so I say thanks to Councilman Nutter, and I hope he continues the efforts to get the simple pamphlet published as to what a homeowner's responsibilities are and continues his efforts in the business field and in all other areas of L&I. But I want to deal with one thing that I had a long discussion with the Commissioner about yesterday, and that's the billboards. The Commissioner and I go way back. COMMISSIONER MCLAUGHLIN: Way back.
Because he did an excellent and outstanding job as captain in the 35th District in the 17th district, where I'm the Democratic leader and have been for more than 35 years. COMMISSIONER MCLAUGHLIN: Thank you.
And that covers, I think, a long period of the Commission's activities on behalf the City, and I know he tries to do the 1853 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET very best that he can do with the forces he has. But I think, Commissioner, you are wrong in one area: About billboards. You say these billboards just proliferated at a time people didn't care, but it wasn't that people didn't care; they care heavily. They cared enough so that this Council, after several years of study, passed a very fair bill outlining specifically all of the requirements. What happened was that the various mayors have been smarter than we were in City Council, and so it just happened to be that when the Mayor was the lawyer and the law firm he came from always happened to have the lawyer from the billboard companies as a part of his staff, and that's a pretty difficult combination to deal with. It happens even currently today. The billboard industry is -- I don't like to call them "an industry," 'cause I don't think they really are that. They've been known to be considered as parasites in that they build on other people's premises. And what they do when they do that is, they take away the natural environment from people. And parts of the City that were 1854 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET fairly open are now completely marred by the presence of billboards. When you drive on the Schuylkill Expressway, the only place I can compare it to is on a short trip I had to Las Vegas a couple of years. It's like "Billboard City." Anything goes here, this is an open town, do what you want to do. And in the crowded urban areas of the City, which already suffer from lack of sunlight, from lack of greenery or blue skies, they clutter up whatever little land that exists. And on top of that, they often do it in ways that many in the minority community and most people outside the minority community feel exploits the minority communities in the way of liquor and in the way of tobacco sales, particularly with emphasis on youngsters. That's the reason for the proliferation. And, Commissioner, I am a little distressed when you say that you would want to leave office at sometime -- and I hope it's not soon -- with all of the signs legalized. I would prefer to hear you say that when you leave office, the only signs that will be up would be signs that 1855 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET are legal, because I don't think that two-thirds of the signs, which my studies indicate and SCRUB's studies indicate, are there are legally currently, and I don't think that they ought to be legalized, because then they'll condemn us in Philadelphia forever to a condition that's very severely blighted by us by our poor policies, by our refusal to enforce the law, because the billboard law just has not been enforced. When we realized, as we dealt with the billboard legislation, that your staff was very severely understaffed and that it was not likely that you would get the kind of enforcement because of the cost in salaries and all the other expenses going with an increased staff, we tried to devise a technique that would save L&I from heavy expenditures. We made as part of the law a license tag requirement. We called it a "license tag requirement" because it was supposed to be a marker on each billboard sign large enough to be visible from the street so that the community could enforce the signs. No mayor ever permitted the enforcement of 1856 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET that law. We were given stories long before you became commissioner as to all of the different studies that were being made and how this was being reviewed and how they were about to do it, but it never got done. COMMISSIONER MCLAUGHLIN: We've ordered those stickers.
Well, it would be a wonderful thing even they come a dozen years after law has been passed. COMMISSIONER MCLAUGHLIN: No, we've ordered them. They'll be there, and those stickers will be affixed
They'll be on the signs? COMMISSIONER MCLAUGHLIN: They will be affixed when we do the inspection.
Well, when would it be that the billboards that are up now would have this sticker -- it could be read from the street, right? COMMISSIONER MCLAUGHLIN: Yes. It's a strip about that big (indicating).
When would the time be when, in your judgment, every sign that was 1857 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET entitled to it had such a sticker? COMMISSIONER MCLAUGHLIN: I would say within the next two years that -- you know, we have -- I'm not sure how many actual structures we have. We think we have about 4500 sign faces. Some of those structures have more than one sign, so I'm not sure what the 4500 -- because the ordinance requires us to pay attention, for licensing and billing purposes, to the sign face. That's why I have that number. I'd say within the next two years. By the end of this fiscal year -- or by the end of this calendar year, I hope to have a complete database on where all of those signs are. Even if I'm going to proceed to take a sign down, I have to be sure that I know how many of those type signs I have. Because the people at L&I are not going to be taking 'em down; I'm going to have to get a number of those signs together, I'm going to have to bid them, and I'm going to have to see if I have money to take down the signs that are illegal.
Aren't you first going to make the demand that the company that has the sign now that's drawing the revenue from the 1858 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET sign --
Excuse me, Councilman. The stenographer can't hear you when you turn your face.
Oh, all right. Aren't you going to be first demanding that the companies that are profiting from the signs that are being paid fees or rentals for the signs, aren't you going to make sure that the demand is first made that they take them down? COMMISSIONER MCLAUGHLIN: Yes. We'll do that right away.
And if they don't, what is the penalty going to be? And shouldn't it be a penalty that is pretty persuasive so that what happens is that it's a sign that's taken down. COMMISSIONER MCLAUGHLIN: I don't have any objection to it doing it. I mean, that's the process that we would enter into. I was talking about the signs that don't come down as a result of that.
Well, are you -- what are you going to do with respect to proof as to whether or not a sign is properly placed? Are you 1859 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET going to demand the demonstration to you of permits and licenses by the companies? COMMISSIONER MCLAUGHLIN: We are in the process of doing that. We're working with all ten of the companies in Philadelphia and legalizing those signs that have -- the situation with this industry is that different companies have purchased a lot of -- we had more sign companies than ten. We're down to ten, and some of the names you wouldn't even recognize because you're not used to seeing them on signs. For example, Eller is the biggest company in the City, and they gobbled a few other companies up to become the biggest, and they're no longer Eller; they're Clear Channel. So you need a score card to keep track of the names of these companies. We're dealing with these people that are in our place. There was one woman from Clear Channel who I thought was an L&I employee she was there so often working with like -- I mentioned Joe D'Orio to you as far as the person I have for the last year handling this thing, spearheading it, being the constant person in charge of the sign issue, trying to -- 1860 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
Well, isn't the requirement on the company to prove that it is there legally? COMMISSIONER MCLAUGHLIN: Yeah. The problem they have is when they bought those six companies that represent their 2500 signs, they didn't do due diligence in making sure that they were buying all legal signs. I mean, McDonald's, as you know, is blissfully advertising on illegal signs.
Well, but that's not the City's problem; that's the company's problem. COMMISSIONER MCLAUGHLIN: I know.
And, therefore, the City is not responsible for the illegal signs being there, and the City has the right to demand legally that they come down. COMMISSIONER MCLAUGHLIN: And we've done that.
Well, do you know -- how many signs have been removed by companies? COMMISSIONER MCLAUGHLIN: Zero.
Well, it seems to me something has to be done differently about the 1861 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET demand, and it goes back to the enforcement questions that came up earlier. I am just suggesting that I think when we change the tone in the City so that -- you know, in many places in the country, Philadelphia's known as one of the dirtiest cities because of trash that's thrown around because it seems to become the habit of people to just drop whatever they may be carrying and don't want with them. While other towns are known as very clean towns. It seems to me that a lot of that stems from our own enforcement on our own people. If we demand compliance, with good manners, with good behavior, that's the step number one that's required to obtain good manners and good behavior. But if the City officially indicates by its actions that it doesn't really care and it doesn't much matter, I think that's a signal to people that nobody's caring, and people get careless. I think it's important that L&I ought to be the lead model for making sure that there's full code compliance with respect to conditions under which people live in homes, under which businesses 1862 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET do business. And I mean fair; I don't mean watching every little thing and trapping people into bad situations, I mean a wholesome approach in which we emphasize concern about how things are being taken care of, how we live as neighbors together, how we do business together, and how we protect environment, because I think L&I has a very heavy responsibility with respect to making sure that people of Philadelphia obtain the benefits of a beautiful and clean environment. And so I'm urging -- I don't want to take too much time at this hearing because I do appreciate that the L&I Department currently is at least politer, more polite with respect to the requests of the environmental community -- that's the citizens who really make the environment a main part of their life. You're much more polite currently, you're much more considerate currently than we have been used to in the past, but we think that the good intentions have to become realized in facts. And I hope that next year when you're here and I ask you the same question, Commissioner, how many illegal signs have been taken down? you're 1863 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET going to be able to give me a number that goes well into the hundreds, maybe the thousands. COMMISSIONER MCLAUGHLIN: Okay.
And thank you. We would like to keep up the progress on the license tag portion. COMMISSIONER MCLAUGHLIN: Yes.
'Cause that's the easiest way to enforce and to make sure that nobody makes gets such a license tag on their sign unless they have proved beyond any kind of a question that they have the right to have that sign at that location and that all of the fees that are required and the revenue from it that belongs to the City has been paid. Thank you, Commissioner. COMMISSIONER MCLAUGHLIN: Thank you, sir.
And we do appreciate the good intentions. We think that Mr. D'Orio has done an outstanding job, and I know both your Deputy Commissioner are very cooperative whenever we call upon them for anything, and we think that's the beginning that's needed to set the right tone. Thank you. 1864 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET COMMISSIONER MCLAUGHLIN: Thank you, and we'll keep you in the loop as far as the identifying tag.
You're welcome. Gentlemen, thank you again. COMMISSIONER MCLAUGHLIN: Thank you.
The last department to testify is the Water Department.
My schedule indicated that the Streets Department was scheduled to testify today at --
Well, I'm going to be asking that another date be reset because a number of people had set the target date for 1:30. There are great concerns about the recycling program.
The Commissioner was here; in fact, I think he may have left a brochure on everyone's desk. Is it on your desk, 1865 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET Councilman?
I don't see it, but we have many, many questions to ask --
We will be happy to have him called back at a later date.
Okay. And if I may ask that we could have that time set in advance so that people that are concerned could be notified.
In fact, I believe he gave the date of March the 18th, when they're going to be doing a PR regarding recycling, and he indicated that what they will be doing is hopefully having recycling and trash collection on the same day; however, we will call them back.
No. March 18th, they are going to be starting a PR program about recycling.
Well, I would like to ask that they be called back long before that because it may affect the programming.
We will certainly look at the calendar, Councilman, and see 1866 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET if we can call them back before the 18th. It would appear that every day, we have very lengthy lists.
Commissioner, thank you so much for your patience. We do have a copy of your testimony, so we will give your testimony to the stenographer, and it will be included in the transcript in its entirety. If you would simply abbreviate, we'd appreciate it. COMMISSIONER KISHINCHAND: Thank you very much. Good afternoon, President Verna and members of City Council. Thank you for giving us the opportunity to testify on behalf of the Water Department's operating budget for Fiscal 2003. Helping me today in my testimony on my extreme right is Susan Lior, Deputy Commissioner of Information Science, and Technology. To my immediate right is Bernard Brunwasser, Deputy Commissioner for Finance and Administration. To my left is Richard Roy, Deputy Commissioner for Operations. The Water Department requests $215.2 million for its operation. In addition, we 1867 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET request $247.8 million for other activities such as those supporting the Water Revenue Bureau, other central agencies, as well as paying the debt service on our revenue bonds. Last September, for the first time since 1995, we put into effect a three-year, three-stage rate increase averaging for regular residential customer about 2.8 percent; whereas for the commercial sector, it was a little bit higher, and this was as a result of reallocation of storm water charges, which more equitably face the charges on the commercial sector higher than that of the residential sector. I'll very briefly touch on a couple of the highlights on the Water Department. Of course, we take great pride in these particular activities. First, of all I want to show you that our drinking water is very safe. In fact, it is about six times safer than the standards required by federal and State agencies. We've been getting awards on it on the water side; in fact, we got an award from the Association of Metropolitan Water Agencies, a gold award for competitiveness and benchmarking activities. 1868 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET And all three of our waste-water treatment plants received a gold award last year from Association of Metropolitan Sewerage Agencies, and two of these plants -- one of them was going to get a platinum award, which really means for five full years, they have had perfect compliance with regulations, and that when you consider thousands of tests and thousands of parameters that are tested by each of these plants on an annual basis, that's really an amazing accomplishment. I've been with the City for over three decades, and even I'm impressed with that kind of a performance. There are a number of other improvements that we've made that are in the main testimony, but as you mentioned, in the interest of time, perhaps I can stop here and answer the questions that you might have or address any kinds of concerns or matters of interest to you. Thank you.
Thank you, Commissioner. In your testimony, you mentioned that the Water Fund has various programs and special discounts to help the low-income customers. What 1869 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET are those programs? COMMISSIONER KISHINCHAND: They're attached to our appendix. One of the programs is Water Revenue Assistance Programs that is managed by the Water Revenue Bureau. They give certain grants to people to pay their water bills. There's a program called "HELP," which is the Homeowner Emergency Loan Program that provides loans to homeowners without any interest charges at all to repair their underground infrastructures such as their laterals or service pipes. We also provide a percent discount to 14 the senior citizens who are income-eligible at the 15 time. 16 There is also a discount provided to 17 nonprofit agencies such as the hospitals and 18 educational facilities. 19 We also support a Utilities Emergency 20 Services Fund, which we fund, and they provide to 21 low-income folks some grants in order to pay their 22 bills, and we have a matching grant for that to 23 reduce their bills. 24
I'm sorry, I 25 didn't quite understand the last one. You call it 1870 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET the "Emergency Services Fund?" COMMISSIONER KISHINCHAND: Yes. This is the Utilities Emergency Services Fund (UESF), and it's administered by a nonprofit agency. It serves about 3500 customers, and it's a matching fund that we provide, and details are given in the Appendix 2. It's a grant program to provide shut-off up low-income customers at or 175 percent of the poverty level and provides up to $500 every other year, $250 of UESF grant, that's the Utilities Emergency Services Fund Grant, and that's $250 that comes from the matching funds from the Water Department. And this essentially keeps the low-income customers in supply of the water.
And where is that information; is that in your testimony? COMMISSIONER KISHINCHAND: That is an Attachment No. 2, I believe. Yes, it's Appendix No. 2 to the testimony.
Fine, thank you. Commissioner, you indicate that approximately 32 percent of water being pumped is not billed. Can you elaborate on that statement, 1871 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET please. COMMISSIONER KISHINCHAND: There are a number of uses of water which are not billed; for instance, for firefighting purposes. We do not meter that water and we do not bill it on any particular quantity level. We also provide to a number of the commercial and industrial folks permits to use hydrants for their business purposes, such as the construction activity, when they need water at a construction site or to keep the dust down, etc. And that particular water is not metered and it's not billed, although when they get the permit for use of the hydrant, we do charge a hydrant permit for that purpose.
What do you charge? COMMISSIONER ROY: My name is Richard Roy, Commissioner of Operations. The charge depends on the length of time. It starts at 35 and then it goes up from there, whether it's a monthly -- I think the largest you can get is six months. COMMISSIONER KISHINCHAND: And there is 1872 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET other unbilled water that is some of the leaks that occur. If there's a water main break or the water is pumped out of the plants, it's obviously not measured and we use that.
Commissioner, please name the suburban wholesale customers that the Department has for both water and waste-water services. COMMISSIONER KISHINCHAND: Okay.
Also tell me, how do these rates compare with the rates we charge to our residential customers. COMMISSIONER KISHINCHAND: The wholesale water customers are Bucks County Water and Sewer Authority and Philadelphia Suburban Company. Those are the two customers. We have ten waste-water customers that we sell on a wholesale places our services. Those are -- let's see... (Addressing colleague.) Do you remember them? With your permission Bernard Brunwasser might try to answer that.
Thank you. 1873 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET
Good afternoon, Madam President, Deputy Water Commissioner for Finance and Administration. We do have ten wholesale waste-water customers. I think somebody in the back will be able to help me if I forget anyone. Bucks Count is also a waste-water customer, Bensalem, Lower South Hampton, Abington, Lower Moreland, Lower Merion, Springfield, Upper Darby, Delcora, and I forget whether I mentioned Cheltenham.
How do these rates compare with the rates we charge to our residential customers?
These are charged on a wholesale basis. They are -- the service is sold in bulk, so to speak, and the rates in bulk are obviously different than the rates to individual residential customers. On a quantity basis, those rates would be somewhat lower, but they recover our full cost of service, just as our residential rates do. COMMISSIONER KISHINCHAND: It's similar to, you know, when a large industrial comes in, they have a declining block rate, which we have in 1874 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET our rates, and they get a discount for the large-size meters that they have, 'cause of the quantity that they use. This is actually based on the cost of service, and whenever we set rates, we actually get a consultant to come in and reveal what the cost of service is for providing those, and that's what it's based on. On top of that, we do charge an administrative fee of about 10 percent on those.
Thank you. The Chair recognizes Councilman Nutter
Thank you, Madam Chair. Commissioner, good afternoon -- COMMISSIONER KISHINCHAND: Good afternoon.
-- to you and all of the deputy commissioners. Just a couple quick questions. On the first page of your testimony, you talk about safe drinking water, environmental protection, and reasonable rates. I just want to talk about the drinking-water component of that. There was testimony yesterday and there's been an ongoing issue for a couple of years now. 1875 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET Councilman Ortiz had highlighted this issue a couple years ago. I wanted to know what, if any, role the Water Department has had in monitoring the quality of the drinking water at our school buildings given the concerns highlighted a couple years ago about lead in the water. COMMISSIONER KISHINCHAND: Generally, Councilman, we do not go inside a property to monitor on a regular basis on a private property. We do monitor the quality of life in the district from 60 different points in the City, but we generally take it, you know, as close to the main as possible. In the case of the School District, we were invited by the EPA to take a look at that and to advise the School Board on, you know, how they should go about testing it, 'cause this has to be done privately by them by their own laboratories. So our Director of Bureau of Lab Services, Jeffrey Brock, has been in constant touch with the School Board and the EPA, giving them counsel on how to sample these and how to have it tested. Unfortunately, he's not in this room to give further details, but if there's a specific 1876 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET question, I'll try to answer that.
Well, I mean, I appreciate the update, but if you could touch base with him and maybe report to us through, the Chair, just what the recent contact has been, the -- any update on water quality or other activities that may be taking place in terms of getting a resolution to this particular issue, I would greatly appreciate it. COMMISSIONER KISHINCHAND: All right. In fact, there is a consent decree that the School Board signed with the Health Department, so we are actually counseling both the Health Department and the School Board in resolving this particular issue.
Okay. The second issue is the use of septic systems throughout the City. You know from your experience and -- is this your first time here since you had almost lost complete track of your senses -- (Laughter.)
-- and had an out-of- body experience over at PGW? Is this your return to the reality of City government? 1877 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET COMMISSIONER KISHINCHAND: Yes, this is my first return to this Council since then.
Commissioner, welcome. We have missed you. COMMISSIONER KISHINCHAND: Thank you.
Many good things did happen during your absence. Dick Roy and I have bonded closer in our relationship. (Laughter.)
And I know that he and many others are very glad about your return, because they can now pawn all of those calls off on you when I and some others call you. (Laughter.)
We've had in our ongoing relationship a lot of discussion and some resolution, in many instances, to particular septic-system issues, at least in the district that I represent, but today I wanted to ask on a more citywide basis, how many do we have, or do know of? And, second, do we have a citywide plan to reduce in a targeted fashion annual reduction in the number of septic systems throughout the City; and naturally, conversely, getting more and more people 1878 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET on the municipal water system or the municipal sewer system? I know we have other people who are not on municipal water because they have wells still in the City of Philadelphia. Can you tell me what we're doing to get more people on the system. COMMISSIONER KISHINCHAND: The septic systems are actually monitored and regulated by the Health Department. We -- when we are advised of a failing septic system, if it is cost-effective to go and provide this service over there, we go forward and do it, sometimes even when it's not cost-effective because nothing else is available at the time. The Water Department has not actively gone out and sought those places to provide municipal services. The capital cost of doing so is rather high. So we would work with the folks who have failing systems to see how we can assist them in getting them into the municipal system.
Okay. With regard to the rates, I saw the newspaper story and then -- which was a longer version, and you have a shorter 1879 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET version here in your testimony. It was certainly a great pleasure to see that while in some instances, we're ranked low on some listings for various things, but it was certainly a pleasure to see the Philadelphia Water Department down at the bottom or I think maybe second from the bottom on the newspaper listing of water and sewer charges throughout the entire area. And I don't know if we'll get people necessarily moving back because we have lower water rates, but it is certainly not one of the things driving anyone anywhere. So first let me commend you for keeping the rates lower than the surrounding counties and townships and authorities. COMMISSIONER KISHINCHAND: Thank you.
To what do you attribute the significantly lower water and sewer rates in Philadelphia as compared to surrounding jurisdictions? COMMISSIONER KISHINCHAND: Well, there are a number of factors that contribute to that. The number-one factor is the folks sitting behind me and the 2000 folks working on the streets. They're very efficient and very dedicated. 1880 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET Number two, we do not pay taxes like the private sectors do, and many of the surrounding counties have private companies that pay taxes. There is then a return on their investment that they need to take into account. So those factors add up. And besides that, and at least at this juncture, while the sprawl hasn't quite spread, the underground infrastructure has to go much longer distances to provide a limited number of properties. So all of those factors contribute to their higher, you know, costs.
One last question. Tell me about the quality of the water here in Philadelphia. And are there -- I mean, I know that, you know, every entity has various measurements of performance, there are all kinds of recognition programs. Tell me a little bit about how the quality of Philadelphia water compares with either nearby jurisdictions or others where these comparisons are made and... COMMISSIONER KISHINCHAND: In terms of 1881 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET quality of water from the health perspective, I think ours is as good as it can get. In some areas, they may not be using as much chlorine; for instance, if it's well water, etc. It depends on how much disinfectant that they use, so it's a taste and odor issue more than actually the quality of water from the health perspective is concerned. And I think we're better than many here, as I mentioned in earlier testimony, six times better than what the regulations require. As far as the turbidity is concerned, we are 0.06 nephelometric turbidity units, the standard for the federal government standard, which went into effect. The new one that went into effect in January is 0.3. So we're five times better already. So I think the people in Philadelphia should rest assured that they're getting the best quality water that they can get anywhere.
Okay. Last question. From a business standpoint and actually a possible revenue-enhancement, have you taken a look at -- we've jokingly had the conversation about the possible bottled Philadelphia water showing up on 1882 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET shelves in various stores and supermarkets. Have you given further thought to the prospect of actually getting into the water sales business? COMMISSIONER KISHINCHAND: We've sort of talked about it every so often. We do sell, as you know, to the Coca Cola Company, which bottles our water -- it's called DiSani (ph) I believe. That is Philadelphia water, but they probably put it through some filtration process, (indiscernible) carbon or something to remove the chlorine, and then they very likely add ozone because ozone does last a long time in sealed bottled water. It would be an expensive project, we would have to put a business plan together and market it. So, you know, it would be another burden, but we can look at that as a business expense. But because we feel our water, drinking water, is the best that you can get, we haven't been very, you know, enthusiastic about bottling it. Now, Dic Roy is itching to say about it so I'll let him go. So while I was away, perhaps he had some other plans. COMMISSIONER ROY: I would just like to 1883 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET add that we have followed some of our colleague water companies around the country that have tried this and it has not been a success. You start to get away from your core business, and unless you're experienced in marketing and putting -- you got to get a large distribution area in order for it to be, you know, a money-maker for you.
I understand. COMMISSIONER ROY: We may try to hook up with some bottling companies to put together some PWD bottles of water that could be used for special events, particularly City events, that sort of thing.
Sure, I understand. Maybe it is something for a more entrepreneurial individual or entity to be involved with but, I mean, I do think it is -- if we have good-quality water and, as you said, even if it's, you know, putting it in bottles with our sticker on it just to either give away in the summertime, I understand, Commissioner, I don't want to give you a heart attack about giving away the water, but, you know, there might be some circumstances that -- I mean, we have a good product, let's take a little 1884 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET pride in it and figure out a way to better promote the good product that we have. So thank you. I enjoy the working relationship with the Department and look forward to working with you on some more exciting project. COMMISSIONER KISHINCHAND: Thank you very much.
Are there any other questions from members of the committee? The Chair recognizes Councilman Cohen.
I just wanted to thank the Commissioner for part of his past record of being responsible for the Gas Works. Sometimes when it's been very difficult to contact people there on emergency conditions, I've reached the Commissioner if it's late at night or on a weekend at home, and he's already been very gracious, and although he had no responsibility whatsoever, he cooperated fully and the conditions were remedied. And it's the kind of public service that I think can help make Philadelphia a really outstanding city, and I wanted to publicly express that. 1885 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET I don't always agree with the policies of the Water Department on the bills, but I guess you hear that from everybody, but I do want to say I've always found the Water Department very cooperative on any questions that are raised ever since the Commissioner has been Commissioner, and to that, he is my PGW Commissioner as well. (Laughter.)
And I wanted to personally thank him for the extra duty that he so graciously absorbed from time to time in the past. Thank you, Commissioner.
I'm sure he's much happier being regarded as the Water Commissioner, Councilman. (Laughter.) COMMISSIONER KISHINCHAND: Thank you very much. And I have to say actually all of this goes to the success of the folks who stand behind me and support me; they're the ones who really do the hard work.
That's great. Are there any other questions from members of the committee? 1886 3/5/02 WHOLE - CONT'D. FY '03 OPERATING BUDGET (No further questions.)
Thank you so much. COMMISSIONER KISHINCHAND: Thank you very much.
The Committee will stand in recess until Monday, March the 11th, at 9:30. Thank you. (Proceedings end at 2:14 p.m.) - - - 1887 CERTIFICATE I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia's meeting of the Committee of the Whole of Tuesday, March 5, 2002, are contained fully and accurately in the stenographic notes taken by me, and that this is a true and correct transcript of same. RE: Ordinance No. 020001 _______________________________, Josephine Cardillo Registered Professional Reporter and Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)