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Minutes

Committee Hearing, March 5, 2003

Philadelphia City Council Committee HearingsMar 5, 2003

People mentioned

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Organizations mentioned

Councilman Nutter

Okay. But you think you'll pretty much be able to still respond to the volume of requests?

Ms. Tolson

Yes. We will have to, yes.

Councilman Nutter

All right. I received a request recently from the unit block of North Robinson Street in West Philadelphia raising the age-old issue of curb and sidewalk repair. And that naturally caused me to reread for about the hundredth time the section of the Philadelphia Code, 1913 3/5/03 - FY '04 OPERATING BUDGET I believe it's 11-505(8). I do not have my code here with me this afternoon, but to paraphrase that particular section, it talks about whenever a street is being repaved or regraded, the Streets Department, if they determine that curb and sidewalk repair is necessary as a part of the general work that's being done, that the Department can, in fact, contract for a new sidewalk and the setting of curb. Can you tell me two things, one, what is the City's policy or position on the issue of curb and sidewalk restoration or reconstruction?

Ms. Tolson

Curb and sidewalks are the responsibility of the adjacent property owner. Inasmuch, the Streets Department has not done sidewalk repairs, reconstruction. However, when we have major reconstruction of a street, at times sidewalks are included in that, but that is a very limited amount of activity.

Councilman Nutter

Why would we have major reconstruction of an entire street? Under what circumstance --

Ms. Tolson

Street failure is that bad. Street failure is that bad.

Councilman Nutter

I'm still not 1914 3/5/03 - FY '04 OPERATING BUDGET hearing you.

Ms. Tolson

Street failure.

Councilman Nutter

Street failure?

Ms. Tolson

Yes. That we can't resurface, that it's now a major reconstruction job.

Councilman Nutter

Okay. Can you tell me if that particular provision that I reference, and, again, I did not repeat it verbatim out of the Philadelphia Code, but that section, 11-500(8), can you tell me whether or not that provision of the Philadelphia Code has ever been utilized or if curb and sidewalk work has ever been done in conformance to that particular provision of the Philadelphia Code?

Ms. Tolson

I imagine that it's only happening in major reconstruction.

Councilman Nutter

But not as a result of a request because of a dangerous condition or that the curb and/or sidewalk has itself failed and presents imminent danger to not only the adjacent property owners, but other people using the street?

Ms. Tolson

I don't believe that we have done that in any recent times.

Councilman Nutter

Okay. Why don't we 1915 3/5/03 - FY '04 OPERATING BUDGET go from that public infrastructure to, I know that Councilwoman Tasco raised the issue of retaining walls with you.

Councilman Nutter

You and I had a conversation the other day. I think we've -- and you may have talked with the Councilwoman on the record about a community meeting.

Councilman Nutter

We've since made arrangements for that. Can you give us a sense of the timetable on the start of this particular program?

Ms. Tolson

I think that we're looking at moving to bid on these few walls very shortly. I would say probably within four to six weeks.

Councilman Nutter

And at that point, can you give me a sense of when the actual work would start?

Ms. Tolson

Part will depend upon the response. I think that we would certainly be looking at work happening by summertime.

Councilman Nutter

Okay. And in all of this public infrastructure, are you, or any other 1916 3/5/03 - FY '04 OPERATING BUDGET member of the Department, involved in the NTI project to undertake a thorough review of the public infrastructure questions of curb, sidewalks, alleys, driveways and retaining walls? Is the Streets Department involved in that review and the study that's to be conducted as a result of action taken by the Council during last year's hearings on NTI?

Ms. Tolson

Absolutely. Yes, sir. In fact, we're now in the inspection process for a number of retaining walls that have been identified as being problematic. We're probably 75 percent complete with that inspection process, which includes photographs and measurements. We will then be doing our evaluations and moving forward.

Councilman Nutter

I should have raised this issue with L&I, but they seemed to be having such a good time with us, that I was slightly distracted. We do have this one situation involving the -- and, again, I recognize that this is primarily an L&I issue, but because of the close working relationship not only between the departments, but the specific focus that Streets has taken with regard to the retaining walls, I would at 1917 3/5/03 - FY '04 OPERATING BUDGET least like to share it with you and then I'll share it with Commissioner McLaughlin as well. When a wall has been identified as having failed, whether it's a part of it, all of it, end of the block, middle of the block or whatever, because of the nature of these retaining walls and everyone is connected together, if you will, all of the abutting homeowners receive a violation notice. The retaining wall situation is, I believe, distinct from many other violations that a homeowner could receive under the Philadelphia Code. Just about every violation in the code usually pertains to that individual's home and conditions that they can, to some extent, control or have a contractor come out and provide a service and correct a violation notice and then they move on. In this situation, the entire block or all of the abutting properties receive a violation notice for something that may not be directly pertinent to their property, but they now get a violation notice because they are connected. The individual homeowner cannot fix the wall on their own. And a notice goes into the system, and for that person if they're trying to, 1918 3/5/03 - FY '04 OPERATING BUDGET for whatever reason, unfortunately for us, trying to sell their home, unless they're buying another house in Philadelphia, the system kicks out a notice saying that you have a violation against your house. You're then confronted with the situation with the potential buyer, as well as the real estate agent that you have a violation against your home, which you're basically unable to cure because the cure for that involves all of the rest of the homeowners on the street. I give you all of that background to say, I think we need, on behalf of people who find themselves in that situation, we need to find some classification or some designation or some explanation -- and I've raised this issue with the Law Department as well -- such that that individual homeowner, who is now in the worst of a Catch 22, they have a violation against their property, they can't fix it because they're tied in to everyone else and there's no logical explanation to the buyer because they need to fully disclose what the situation is, I'd like to ask if you and L&I and the Law Department and anyone else would work together on a program that, one, helps to ensure that people 1919 3/5/03 - FY '04 OPERATING BUDGET are not getting a violation notice with which they either cannot comply or cannot explain, and potentially negatively affect either their ability to sell their home or affect the value of their particular property. If you get a downspout violation or a roof violation or a porch violation or a step violation, you can fix those. But if the violation for the retaining wall is feet down the driveway, 11 really attached to someone else's house, you can't 12 do anything about it. So you're literally stuck and 13 caught in a situation from which there's no relief. 14 But I think that if the departments work together, 15 and I'd be glad to work with you, we can provide some relief to people under that circumstance.

Ms. Tolson

We can do that.

Councilman Nutter

Thank you. Thank you, Madam Chair.

Council President Verna

You're welcome. The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Good afternoon, Commissioner.

Ms. Tolson

Good afternoon. 1920 3/5/03 - FY '04 OPERATING BUDGET

Councilwoman Brown

Congratulations to you, too.

Ms. Tolson

Thank you so much.

Councilwoman Brown

I'd like to pick up where my colleagues, Councilman Cohen and Councilman Nutter, left off. I too share an interest in recycling and what we're doing in the City and was thrilled to hear the favorable report that puts us in the black. And I would be remiss not to at least applaud the ground work and hard work of David Robinson. He on your staff and I, my office, have worked on a number of matters with the airport in particular. Of the individuals you mentioned in the DROP program, are any of those currently involved in the recycling efforts?

Councilwoman Brown

Are not. So is it fair to conclude that --

Ms. Tolson

Let me back up. Let me say something differently. There may be drivers or senior managers in the Streets Department -- and Sanitation that are involved in recycling. They are not on 1921 3/5/03 - FY '04 OPERATING BUDGET Mr. Robinson's staff.

Councilwoman Brown

They are not what?

Ms. Tolson

They are not on his staff. He has a younger group of people.

Councilwoman Brown

So it's fair to conclude that the efforts and the success recycling has enjoyed may or can continue?

Ms. Tolson

Absolutely.

Councilwoman Brown

Okay, then. You mentioned in your testimony on that currently 380 City office buildings are actually practicing recycling. So that's 380 out of a total of what? How far along is the City across the board with regards to practicing recycling?

Councilwoman Brown

Okay, then. Well along. You should know as well that I actually sent letters to DHS and the airport expressing some concerns about recycling happening across the board and received a favorable response from both the leadership there, DHS commissioner, Alvin Martinez, and the airport director. We actually took a tour of the airport to see how and where it's being 1922 3/5/03 - FY '04 OPERATING BUDGET practiced. So they have some exciting plans underway to make it a universal practice there at the Philadelphia Airport. Testimony two years ago, three years ago, February 2000 when I first arrived at City Council, there was a lot of discussion around school traffic lights. There's no discussion of that in this year's testimony. Can you simply give us an update? Are we where we need to be or should be? What's still outstanding with regards to traffic lights and et cetera?

Ms. Tolson

We have about a total of 134. That's our expected service level through fiscal '04.

Councilwoman Brown

I could not hear your last statement.

Ms. Tolson

Through fiscal '04, approximately 134 will be in place.

Councilwoman Brown

And so is there a waiting list as such?

Ms. Tolson

Yes, there is a waiting list.

Councilwoman Brown

And that list has how many on it? 1923 3/5/03 - FY '04 OPERATING BUDGET

Ms. Tolson

I believe the list has approximately 12. It's between and 15, I 4 believe. 5

Councilwoman Brown

What is the method 6 you use for installation of new lights? Is it first 7 request, first attention or some other method that 8 you use? With the remaining 12 that you have, how 9 would they ultimately end up on a list? Available 10 dollars, or what? 11

Ms. Tolson

Available dollars plays a 12 part into it, as well as evaluation of the numbers of students that are impacted, what options the students have in terms of crossing the street, the volume of traffic on the streets next to the schools. You may have a street that has a very low volume versus, you know, a major thoroughfare. All those things which relate to the safety of pedestrian traffic. So there's an evaluation of the location.

Councilwoman Brown

Of the particular request. In some school areas, the traffic signal says whatever it says. 15 miles per hour; is that correct? 1924 3/5/03 - FY '04 OPERATING BUDGET

Ms. Tolson

That's correct.

Councilwoman Brown

Yet, you'll see a speed limit sign as well posted in some neighboring schools. Should that be a concern, when you have two differing speed limits in and around schools?

Ms. Tolson

If there's a location, Councilwoman, that you believe that there's a conflict in the schedule, please tell us that. We're not aware of any.

Councilwoman Brown

Okay.

Ms. Tolson

Certainly there are reductions in speed limits during school hours and there may be another speed limit off hours. But if you think there's a direct conflict some place, we would like to know that.

Councilwoman Brown

Okay. I will certainly put that in writing and pass it on to you. I'm always curious to know -- and I see that you mention in your testimony on partnerships that you have with community groups. Again, around the issue of recycling, might be there any partnerships with our public schools, either scattered or by cluster, for lack of a better word, in the City of Philadelphia? Any relationships at 1925 3/5/03 - FY '04 OPERATING BUDGET all with the schools?

Ms. Tolson

We have some significant outreach efforts going on with the schools, education efforts. We use the Schuylkill Environmental Center as a training ground for teachers and for students. As part of our education and marketing campaign, school-age children is a number our targets.

Councilwoman Brown

Is there --

Ms. Tolson

They're in our target communities.

Councilwoman Brown

Okay. Junior block captains, tell me about that.

Ms. Tolson

Yes. Junior block captains, we have a network of individuals who take responsibility for their communities, their individual block where they reside. In fact, we have a number of junior block captains. These are children under the age of 17 who take leadership for activities on their blocks. The leadership includes clean-ups, community clean-ups on the street, on lots with vacant homes. The leadership takes form in gathering of other young people to do work, as well 1926 3/5/03 - FY '04 OPERATING BUDGET as in many cases gathering up and doing work with adults on their block. This is a program that we started to encourage civic maturity.

Councilwoman Brown

Consciousness, right.

Ms. Tolson

Civic consciousness, participation. We believe that starting with school-age children is probably most important.

Councilwoman Brown

A good place to start.

Councilwoman Brown

So are there any relationships with area schools or is the program so new that that hasn't been realized yet?

Ms. Tolson

We are making outreach efforts to schools, and we're always open to schools that are willing to us have kind of go in and make some inroads. We do a large number of presentations to schools not only about PMBC and becoming a junior block captain, but also about our recycling program. We do a large number of assembly events, lots of education, lots of outreach.

Councilwoman Brown

And you said that's 1927 3/5/03 - FY '04 OPERATING BUDGET done in targeted schools?

Ms. Tolson

We're willing to go to any school.

Councilwoman Brown

So the principal simply has to make the request?

Ms. Tolson

Absolutely. We'd be more than glad to work with any school that has an interest. That makes it a lot easier for us as opposed to a cold call.

Councilwoman Brown

That's important to know. I believe that one just item of comment I'd like to make, and, that is, that my office appreciates the tracking system that a member of your team, I guess several members of your team, use. One in particular that has been helpful to my office, Laura Lewis. I think it's important to let commissioners know when they have team members who really go the extra mile and work in an extraordinary fashion. Contrary to what a lot of our taxpayers believe, we have City employees who don't go the extra mile, and it's important that we sort of neutralize that perception and acknowledge and salute those that we know do. 1928 3/5/03 - FY '04 OPERATING BUDGET So to Laura Lewis and Mr. Robinson, I say thank you very much. Thank you, Commissioner.

Ms. Tolson

Thank you.

Councilwoman Brown

Thank you, Madam President.

Council President Verna

You're welcome. The Chair recognizes Councilman Ortiz.

Councilman Ortiz

Thank you, Madam Chair. I know that you answered some questions about recycling. I really want to go -- and excuse me if I'm redundant. But how does the budget compare from last year to this year?

Ms. Tolson

No change.

Councilman Ortiz

No change. But if there's no change, it means that -- to me, no change from year to year -- is it the same amount? Because if it's the same amount, the rate of inflation goes up.

Ms. Tolson

Well, I'm answering your question from the standpoint of are there any reductions that might impact the work that we do. 1929 3/5/03 - FY '04 OPERATING BUDGET

Councilman Ortiz

There's no change. Okay.

Ms. Tolson

We are not changing anything that we're doing. If anything, we're making it better in terms of our marketing and outreach program.

Councilman Ortiz

And given the nature of the weather we had, how much did recycling cost in comparison to trash removal for the last quarter, because of all the inclement weathers that we've had?

Ms. Tolson

Recycling is sensitive to the weather, and we understand that. Our trash we had suspended, as well as our recycling collection during the week of the blizzard. For recycling, that meant that one week of collection was foregone, and that week was then picked up in the subsequent collection week, which is this week. For trash, it was picked up the subsequent trash week. On trash, we wound up not doubling, but a number slightly less than that, in terms of our collection totals. We expect to have the same thing happen with our recycling quantities. 1930 3/5/03 - FY '04 OPERATING BUDGET

Councilman Ortiz

How are you in keeping with the blueprint, the recycling blueprint that was issued two years ago?

Ms. Tolson

We're still on target. We don't have a formal blueprint, I believe, that is out. However, in terms of what we're doing internally to manage according to the plan that was being developed by Mr. Robinson internal to the Department, we are on track with that.

Councilman Ortiz

Well, what are the plans in terms to improve the recycling during the next three years and expand the weekly curb-side pick-up?

Ms. Tolson

The expansion of the curb-side program is one that we certainly will constantly evaluate. Right now we are enjoying a very good period where our revenues are positive, our expense is positive for recycling commodities. We are being paid this year, we expect to the tune of approximately $850,000. Our markets are very good and our contracts are very good.

Councilman Ortiz

What is the time line?

Ms. Tolson

They're one-year contracts. 1931 3/5/03 - FY '04 OPERATING BUDGET

Councilman Ortiz

One-year contracts?

Councilman Ortiz

We go back to those things, one-year contracts. With whom are these contracts with?

Ms. Tolson

Blue Mountain.

Councilman Ortiz

Excuse me?

Ms. Tolson

Blue Mountain. It's a division of Smurfitt.

Councilman Ortiz

Division?

Ms. Tolson

Of Smurfitt Stone.

Councilman Ortiz

Are they from Philadelphia?

Ms. Tolson

Yes. Smurfitt Stone is not. Blue Mountain is located in Philadelphia. It has a processing facility right here.

Councilman Ortiz

Where is the parent company from?

Ms. Tolson

The parent company is in Chicago. The local office that manages us is in North Carolina.

Councilman Ortiz

Is there any subcontracting that they do with local contractors in terms of the duties that they have on the job 1932 3/5/03 - FY '04 OPERATING BUDGET that they do?

Ms. Tolson

In fact, they employee Philadelphians.

Councilman Ortiz

Excuse me?

Ms. Tolson

They have a facility in the City.

Councilman Ortiz

They employ Philadelphians?

Councilman Ortiz

Do they contract out to anyone?

Ms. Tolson

I would assume so, for some of their work.

Councilman Ortiz

And do they have a minority set aside in terms of the contracts and so on?

Ms. Tolson

I can get you the exact information with their contract requirements.

Councilman Ortiz

Could you do that, please?

Councilman Ortiz

Okay. And the amount of the contract?

Ms. Tolson

Yes. 1933 3/5/03 - FY '04 OPERATING BUDGET

Councilman Ortiz

In the commercial building and the commercial recycling program, what are you doing in terms of those businesses that are non-compliant with the program?

Ms. Tolson

We have a group of enforcement officers, SWEEP officers, who enforce commercial regulations. Businesses are required to have --

Councilman Ortiz

How often do they go and visit?

Ms. Tolson

We only have a small force that handles commercial --

Councilman Ortiz

How big?

Ms. Tolson

We have approximately five officers who are involved in that process.

Councilman Ortiz

And the universe that they have to supervise?

Ms. Tolson

They're responsible for all the commercial establishments in the City.

Councilman Ortiz

Which is?

Ms. Tolson

However, let me just add, though, something I didn't make clear. Commercial establishments are also required to submit information to us with regard to their activity. So 1934 3/5/03 - FY '04 OPERATING BUDGET we're getting information two different ways. We provide a great deal of support to our commercial establishments and we have a good relationship with a commercial recycling council that we have supported to help educate with regard to commercial recycling, as well as guide us in possible ways of getting --

Councilman Ortiz

Do they give citations to non-compliant --

Ms. Tolson

Absolutely.

Councilman Ortiz

Do you have data as to the citations that they have given? How many have they given in the last year?

Ms. Tolson

We have commercial recycling contacts and warnings. For this year we're estimating 8,400.

Councilman Ortiz

Excuse me?

Ms. Tolson

8,400. And for citations issued, 240.

Councilman Ortiz

Thank you very much, Chair.

Council President Verna

You're welcome. The Chair recognizes -- oh, Councilman 1935 3/5/03 - FY '04 OPERATING BUDGET Cohen had his light on. Is there anyone else? Any other members of the Committee with questions or comments? Seeing none, thank you very much.

Ms. Tolson

Thank you.

Council President Verna

You're welcome. The Water Department will be next. Good afternoon, Commissioner. Thank you for your patience. Please identify yourself for the record and proceed with your testimony.

Mr. Kishinchand

Good afternoon, President Verna and members of City Council. My name is Kumar Kishinchand. I'm the water commissioner for the City of Philadelphia. I want to thank you for allowing us the opportunity to present our fiscal year 2004 operating budget for the Water Department. We submitted our written testimony, the form of testimony, so if you'd prefer, I can summarize mine and be brief.

Council President Verna

That would be wonderful. Very much appreciated.

Mr. Kishinchand

Thank you very much. 9 million for other water fund activities, such as the support for the Water Revenue Bureau, the debt service payment and other central agency support services that the Water Department receives. 2 million higher than the fiscal year 2003 appropriation, primarily because we are fully funding the costs associated with collective bargaining agreements for the employee salaries, some additional software and licenses for information systems and additional chemical costs. Also, we have met provision in assisting Water Revenue Bureau in installing a new billing system, as well as a customer information system, and we're also making provision for putting in place a new information system for sewer maintenance and inlet cleaning. On July of this year, we will put into place the third part of our three-part three rate increase that we had -- that has been approved, and 1937 3/5/03 - FY '04 OPERATING BUDGET at the same time, we will be finishing up with the reallocation of stormwater costs that were put in place two years ago, essentially properly allocating the cost between the homeowners or the residential customers and the commercial and industrial customers. 6 percent, or about 65 cents a month. And for senior citizens who are eligible for senior citizen discount, it will be only about one cent a month rate increase, which is essentially negligible and they will not be seeing that. For the commercial and industrial customers, the rate is going to go up in excess of 10 percent, and that's primarily because of the shift of the stormwater costs to that sector. You'll also note that we have made provision as a place holder for the study of our cost allocation and the rate study and remit enough provision over there in the event that we have to go forward with that. At this point, it is just a place holder. We have not conducted the study. It will be premature for me to even guess whether there 1938 3/5/03 - FY '04 OPERATING BUDGET would be a rate increase or not, although some of our current projections may show that in the five-year plan. Now I thought I'd tell you some good news also about our service to the rate bureaus. I want to show you that Philadelphia's drinking water is safer than it has ever been and has met every single federal and state regulation. Our wastewater, which we also treat before we put into the Delaware River, has met all of the requirements, federal and state requirements. You will also be proud to know that our Northeast Water Pollution Control Plant last year got a platinum award from Association of Metropolitan Sewerage Agency, and this is an award given to agencies that have five years of absolutely perfect compliance with federal and state regulations, five continuous, consecutive years. And so they got that award. And they matched what Southwest had done two years ago. So we are very proud of it. And Southeast Water Pollution Control Plant also got a gold award last year. While I'm on a roll on essentially the awards that we've been getting, you'll be glad to 1939 3/5/03 - FY '04 OPERATING BUDGET hear that the United States Environmental Protection Agency selected the Office of Watersheds as a charter or recipient of EPA's Clean Water Partner Award for the 21st Century. This program recognizes the extraordinary efforts beyond the regulatory requirements of the Clean Water Act that the local governments are putting in place now. EPA's Region III, which has its headquarters in Philadelphia, has also recognized Philadelphia by awarding it EPA's Source Water Protection Award recognizing the good stewardship of the region's water resources and drinking water supplies. In this same work, our water source protection has been recognized by American Water Works Association by selecting us as the national 2003 recipient of AWWA Source Water Protection Award.

Mr. Kishinchand

In my testimony, I have outlined our financial performance, as well as highlighted some of the projects that we are currently involved in. I want to mention that Philadelphia should be proud that it is providing this high level of service at the lowest cost in the region. 1940 3/5/03 - FY '04 OPERATING BUDGET Thank you for being patient and listening to me, and I'll be ready to answer any questions that you might have.

Council President Verna

Mister, we have the greatest respect for you and your staff, and we think you do a fabulous job and it's a pleasure to listen to you.

Mr. Kishinchand

Thank you very much.

Council President Verna

However, on -29, one would think that you're talking about a possibility of a study for another increase?

Mr. Kishinchand

That's correct. Our three-year cycle will end at the end of June 30th of '04, at which point we start another cycle. We need to do a study to see if there is, in fact, a need for a rate increase. As you may recall back in 1993, we put in a three-year rate increase at that time and then subsequently I believe it was another five years before we put another rate increase, although there was a projection for it. So at this point, I cannot say for sure whether there would be a rate increase or not a rate increase, but we need to sort of do the study to see 1941 3/5/03 - FY '04 OPERATING BUDGET what the allocations, cost allocations are, and whether there is going to be additional revenue requirements.

Council President Verna

Is there a rate increase included in the five-year plan?

Mr. Kishinchand

The five-year plan does project a rate increase of approximately six percent in FY '05, I believe, fiscal year '05 and beyond. We've been looking at many of those numbers. Those numbers are coming down. The latest number that we were looking at was substantially lower than that. So it's right now a guess that we'll need it. This is far enough away that we can't project accurately whether in '04 or '05 there will be a rate increase, although our five-year plan does show that, yes.

Council President Verna

Councilman DiCicco, is your light on?

Councilman Dicicco

Yes.

Council President Verna

The Chair recognizes Councilman DiCicco.

Councilman Dicicco

Thank you, Madam President. 1942 3/5/03 - FY '04 OPERATING BUDGET Good afternoon.

Mr. Kishinchand

Good afternoon.

Councilman Dicicco

Commissioner, I have a question. On Saturday a week ago, right after the snowstorm, a lady, a neighbor friend of mine, she's about 79 years old, came to my house on a Saturday afternoon. I believe it was either Friday night the night before or earlier that Saturday morning the Water Department came out because she was seeing some water in her basement. They made an inspection and they determined that the water service was defected, broken, what-have-you, somewhere between Section 6 and 1 from the main, I guess, into the meter. So they shut the water off. We made some calls, got some help from your department. I appreciate that. My concern was this: And for all the years I've been doing these kinds of things, community service, I was not aware that a plumber would not be able to dig up the street until the state sent someone down to mark the street to determine if there are utilities underground, a state inspector or a state person, what-have-you.

Mr. Kishinchand

No. There is a state 1943 3/5/03 - FY '04 OPERATING BUDGET law which requires that the utilities mark the areas where there's going to be digging, any digging done, because of the underground utilities, whether there's a gas man, electric, water or what-have-you. It's a state law, and all the utilities are supposed to respond within 48 hours.

Councilman Dicicco

Within?

Mr. Kishinchand

Within 48 hours to make those markings. In emergency situations, I don't think that we need to wait, but we do inform all the other utilities.

Councilman Dicicco

That goes to the heart of my question. And no criticism to your department, because the response I get is generally excellent. Upon making some calls to a plumber friend of mine asking him to help the lady out, he informed me that we needed to wait until the state came out. Now, this was Saturday afternoon. The earliest the state inspector, for lack of -- I don't know what they're called. I'll say inspector -- who would come out to mark the street was Wednesday morning. Now, we made some additional calls again 1944 3/5/03 - FY '04 OPERATING BUDGET to your department, and we were able to get it moved up on the list till Tuesday. So the lady was literally out of water Saturday, Sunday, Monday, until Tuesday morning when the plumber got in and finished the job somewhere towards the end of the day. So it was almost four days that the lady went without water. Fortunately, I live in a nice rowhouse neighborhood, everybody gets along. I even offered for her to stay at my house. But one of her neighbors would let her use the home, bathe, cooking, water, whatever she had to do. I was concerned that anyone should have to wait. And I was being reasonable, understanding we just came out of the big snowstorm, the weather it was cold, it was a Saturday. But I probably made a half a dozen calls. The plumber got back to me. He made some calls. And I'm forgetting some of the names of the people that I was dealing with. The names aren't really that important. We thought we were doing good when we got it moved up to Wednesday. My question is, is there a way in which the Water Department, is there legislation or something -- I mean, your people 1945 3/5/03 - FY '04 OPERATING BUDGET probably know where the utilities are. Why do we need to have a state agency come out and do the work of identifying underground utilities? Again, I'm not being critical to your department. This is serious. I mean, fortunately, this lady has good neighbors.

Mr. Kishinchand

No. I understand your question. I'm surprised that you were told that the state has to come out. It's generally the utilities that come out and do the marking. State does not intervene at all in cases like this, to my knowledge. If you don't mind, I'll have Dick Roy answer. He deals with these issues.

Councilman Dicicco

Dick, did someone from my office call you on this one? I don't remember if it was you. It was for Latona Street, 1100 block of Latona, Ms. Crispile, I think her last name was, Stella Crispile.

Mr. Roy

Yes. Our --

Councilman Dicicco

I want to thank you, by the way, for your assistance.

Mr. Roy

My name is Richard Roy, deputy water commissioner for operations. 1946 3/5/03 - FY '04 OPERATING BUDGET The state -- it's not a state agency that comes out. It's a state law that requires anybody that's going to make an excavation into the street must notify one call. That's the state agency. And then they'll notify all the utilities, who then must respond within 48 hours to come out and mark where the utilities are so that they don't get hit during the excavation.

Councilman Dicicco

I think, then again, they're probably referring to state law, but, again, my question concern is -- and trying to be reasonable, weekend, cold weather, snowstorm and probably had a lot more work than you wanted to have that weekend anyway. Why would somebody have to wait until Wednesday?

Mr. Roy

They shouldn't have to. The state law is 48 hours. We can look into this particular event.

Councilman Dicicco

Because I'm concerned, if it's happening in other places, this is dangerous. And what happened, apparently the leak became worse. It got to be even greater. There was about a foot of water. So I got the plumber to go in and pump it out of her basement. 1947 3/5/03 - FY '04 OPERATING BUDGET But it was about almost a foot of water. And I just wanted to raise this today, because if there's something that we can do, something we need to do, is there state legislation we got to talk about changing, you know, let's talk about it. We can't allow this to go on.

Mr. Roy

I'll be happy to go back and review the details of this. I think there was some other things other than the one-call system that was causing that delay. And I think it was a few days before that I found out about it, but I think we got -- let me find out what the things were.

Councilman Dicicco

I know because Stella was at my house bright and early Saturday morning. She came back around midnight Saturday night and Sunday morning again, and I felt hopeless. I mean, there was not much I could do for her. And ultimately we got it done. The other point was, I had a plumber friend of mine who would have done it that Monday morning. At the latest, he said Monday. He said, But I can't get in until we get the markings of the street for utilities. And she's 79 years old, obviously will 1948 3/5/03 - FY '04 OPERATING BUDGET qualify for the low interest. But I forgot who I spoke with on the phone. He's not on that list. There is a separate list or special list of plumbers, I'm being told today, that would allow for a person like this woman to qualify for the no-interest loan, the five-year payout. Only certain plumbers are allowed to be used?

Mr. Roy

That's correct. There is a bidding process. The Water Department negotiates the fees for all the services, and plumbers can apply to get into the program. It's a bidding process done through procurement. Originally we had said that we wanted 15 different plumbers, and we weren't quite sure what 16 we would get through a response from the plumbers. 17 If we got more than that, what we said we would do 18 is a lottery, because everybody is getting in at the 19 same price. All we do is review their 20 qualifications to make sure they are a qualified plumber. And if they still want to get into this program and it's more than 20, then we would select 20 by a lottery and keep the rest in. If somebody had to be removed from the program, then we would bring another person in. 1949 3/5/03 - FY '04 OPERATING BUDGET We've never had to make that decision because we've only had plumbers ever apply, and 4 that work is split up between those 18 plumbers. 5

Councilman Dicicco

Do you think 6 there's a reason for that? Is it maybe we're not 7 paying them what they think they deserve? I'm sure 8 there's a lot more -- 9

Mr. Roy

The plumbers that are in the 10 program aren't scrambling to get out, so I think 11 they're fairly compensated. 12

Councilman Dicicco

I mean, I have a 13 problem, obviously, because I was trying to help 14 this lady. I said, I'll get you somebody. I made 15 some calls, and that one plumber who I happened to 16 know said, I'll get in there. I'm being told today 17 that he's not on the list, and I'm told that there's 18 no way that she can enter into or make application for that low interest, no interest loan because he's not on that list. Is that correct?

Mr. Kishinchand

He can apply for -- in fact --

Mr. Dicicco

He can apply to get on the list, but now it's after the fact.

Mr. Kishinchand

Right. When they bid 1950 3/5/03 - FY '04 OPERATING BUDGET this out again, then he can try and get on it.

Councilman Dicicco

I'm sorry?

Mr. Kishinchand

Once the contractors bid again, I'm not sure --

Councilman Dicicco

But I'm speaking about in this particular situation. I thought I was doing the right thing getting her somebody in there quick to get it done. We're told today that he's not on the list, so she can't even apply for the five-year, whatever that is, no interest loan. Is that correct?

Mr. Kishinchand

That's correct.

Councilman Dicicco

Is there any way of amending that? I mean, if he met at least the cost of the project -- let's assume his -- I think his bill was $2,075. If that is above what the Department would contract it for and he was willing to take a lesser amount, is -- you know, I'm looking for help here, because I'm on the hook for 2,000 bucks as we speak. Is there any way legally that we can accommodate that?

Mr. Kishinchand

Once it's gone through the procurement process, I'm not sure that there's a 1951 3/5/03 - FY '04 OPERATING BUDGET legal way of getting somebody who is outside of it. We could provide you with a list of the ones --

Councilman Dicicco

I mean, in the future, I would certainly do that, but I got a problem here because trying to help the lady in a time of need, I got a guy to go out and do the job, he didn't ask for any money, he said, Don't worry, I'll bill you, I'll take care of it, Frank, and I'll send you the bill.

Mr. Kishinchand

It's similar to bidding up for any kind of materials, parts and supplies. If a contractor has that contract, we can't go outside of the procurement process. That will be the only legal challenge we would have. But we'll certainly send the list of qualified plumbers who are on this list to you.

Councilman Dicicco

Again, I understand going forward in the future and now that I've been educated about the process. I just thought that the process had more to do with the person who was applying for the loan as not knowing that the plumber -- you needed to have a plumber who was on that list.

Mr. Kishinchand

Right. The only 1952 3/5/03 - FY '04 OPERATING BUDGET qualifications for the applicants are that the person be a homeowner and be residing in that property. That's it. There's no income requirement.

Councilman Dicicco

So at the moment, the lady is stuck, she's going to have to pay it? And I'm not blaming you. At the moment, if he's not on that list, she's going to have to pay that and there's no financial assistance for that?

Mr. Kishinchand

He's already fixed the property?

Councilman Dicicco

It's done, yes. The job is done.

Mr. Kishinchand

There's no legal way that we can --

Councilman Dicicco

That she could apply for that five-year?

Mr. Kishinchand

Five-year loan? Right now I'm not sure how we could do it. We can go back and talk to -- we can talk to the Law Department and see if there's any way that they can find she becomes eligible, but at this point --

Councilman Dicicco

At this point --

Mr. Kishinchand

-- today -- 1953 3/5/03 - FY '04 OPERATING BUDGET

Councilman Dicicco

You'd say no?

Mr. Kishinchand

Right.

Councilman Dicicco

Thank you. Thank you, Madam President.

Council President Verna

You're welcome. Are there any other questions from members of the Committee? Councilman Nutter's light is on. The Chair recognizes Councilman Nutter.

Councilman Nutter

Thank you, Madam Chair. You'll be stunned, I actually do not have --

Council President Verna

Oh, I hope I am.

Councilman Nutter

I actually don't have a question, really more of a comment. I wanted to thank the commissioner and deputy commissioner and a whole host of other people, which if I start trying to name names, I'm going to miss out on somebody and just have the rest of the Department upset. But I think I'm relatively safe with Commissioner Kishinchand and Deputy Commissioner Roy. I have, under some unfortunate 1954 3/5/03 - FY '04 OPERATING BUDGET circumstances but, nonetheless, I have had just a great experience with the Water Department, at times under trying circumstances, a water main breaks and all kinds of other things out in the community, and I just wanted to say on the record that you have been tremendously responsive morning, noon and night, weekdays, weekends and any other time, and all elements of the Department have provided tremendous service to my constituents. Even our side situations of, you know, the Belmont Treatment Plant and a whole host of things, and to the work force. I mean, our entire City work force is certainly of high quality. But, again, because of the number of events in the district, I've been out in the street a lot with the Water Department, again, under some trying circumstances, and I have seen public employees working under some of the most severe weather conditions imaginable doing their job and getting things done, and I am deeply appreciative personally, and on behalf of my constituents, I just really wanted to say thank you. We will continue to work on the day-to-day things and you guys respond to them. But 1955 3/5/03 - FY '04 OPERATING BUDGET I don't really have a whole lot of questions for the Water Department. I just really wanted to express that to you, because it's a message that needs to go throughout the Department. I want to commend you, Commissioner and Deputy Commissioner, for the fine work that you do.