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Minutes

Committee Hearing, April 16, 2007

Philadelphia City Council Committee HearingsApr 16, 2007

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COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE OF THE WHOLE - BUDGET - - - Room 400, City Hall Philadelphia, Pennsylvania Monday, April 16, 2007 10:45 a.m. - - - PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM GREENLEE COUNCILMAN JAMES F. KENNEY COUNCILMAN FRANK RIZZO BILLS 070114, 070115 and 070116 RESOLUTION 070128 - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2

Council President Verna

Good morning, everyone. Sorry for the delay. This is our continued public hearing of the Committee of the Whole. I would ask Mr. McPherson to please call the first department, please. MR. McPHERSON: The Department of Public Property.

Council President Verna

Good morning. Welcome. Please identify yourself for the record and proceed with your testimony. COMMISSIONER SCHLOTTERBECK: Good morning, Council President Verna, members of City Council. I am Joan Schlotterbeck, Department of Public Property Commissioner. It's a pleasure to be here this morning on this awful day to present my FY08 budget. With me today on my left is Frank Punzo, Deputy Commissioner for Communications, and on my right is James Lewis, Facilities Director. I'd like to take a minute to 3 4/16/07 - WHOLE - BILL 070114, ETC. summarize my testimony. Otherwise, I can read it verbatim.

Council President Verna

No. 5 We'd appreciate it if you would summarize it. We will give a copy to the stenographer and it will be transcribed in full. COMMISSIONER SCHLOTTERBECK: Okay. Thank you. The Department of Public Property's FY08 budget request is approximately 215 million. It's a decrease of approximately million over 15 my estimated obligations for '07. 5 percent. My 17 positions are down to 173 from 180. My 18 Class 200 budget is decreased by 10 percent, 300 decreased by 12. All of these are a direct result of the transfer of MOIS out of Public Property. In my Facilities Division, we have continued our process of consolidation. We successfully took the Fire Department in in FY06. We have now 4 4/16/07 - WHOLE - BILL 070114, ETC. taken the control of Riverview, and that will be a complete consolidation financially and otherwise by the new fiscal year. One of the highlights for the Fire Department has been the initiative to improve the exhaust systems at the apparatus bays. The Department has recently completed a plan to install switches between the doors and exhaust fans to activate the fans automatically when the doors open. The long-term plan is to install new source capture systems over the next several years. The other highlight for the Facilities Division is the new introduction of new security system in City Hall. This was a process that had to unite several local databases that control access to numerous facilities nearby. Basically, what we're doing is we're integrating the triplex, the One Parkway, the Municipal Services Building and City Hall, so that those who need 5 4/16/07 - WHOLE - BILL 070114, ETC. access to all buildings will have that capability with one card. We will then have around-the-clock security. We've upgraded the number of staff for security from seven to 11, I believe it is. We have spent a lot of time meeting with the tenants badging, First Judicial District, Mayor's Office, City Council, Bar Association. We feel that we're very prepared for the process and we're just waiting for the time to turn it on. The other major highlight in the Division is, the Department of Public Property, SEPTA and PATCO have agreed to allow the Center City District to begin to contract directly for custodial services in the concourses. This is a major initiative for all of us, and we feel it's the right way to go because you have one body taking care of all of the concourse as opposed to having sections off with staffing levels that are varied and deliverables, therefore, affected. 6 4/16/07 - WHOLE - BILL 070114, ETC. So we're very happy with this -- and this should happen by the end of this fiscal year, for the City and SEPTA will follow in the summertime. The Communications Division, we're trying to -- we're not trying. We're in the process of improving the underground communication systems, primarily the 800 megahertz radio. This will enhance the abilities of first responders to react and respond to emergency situations that may arise in the underground. In a coordinated effort with SEPTA, the Police and Fire, an interim solution has been placed into service combining the use of SEPTA radios, the City 800 megahertz and the Rios system, which will allow three diverse systems to be bridged together in the event of an emergency prior to the build-out of the new 800 megahertz system underground. The Department is working with Cingular and its build-out of the 7 4/16/07 - WHOLE - BILL 070114, ETC. cellular network underground as another method for first responders to communicate. An agreement has been reached with Motorola on the underground study to determine the potential for using in-place SEPTA fiber to connect a series of bidirectional antennas allowing communications underground using our current 800 megahertz system. The Real Estate Division in Public Property remains committed to doing as much as it can to have more cost-effective leases and space needs.

Council President Verna

The huge initiative for us this year is, we have applied for base realignment and closing facilities, BRAC, that are located in Philadelphia. These are federal buildings that are closing. We have two applications in, one for Woodhaven, which would be our back-up -- it will be a multi-purpose site, housing the Police Training Academy, 9-1-1 Training Center and a back-up 9-1-1 call center. The other location is the 8 4/16/07 - WHOLE - BILL 070114, ETC. Wissahickon facility, and it will be operational and administrative headquarters for Police covert and underground units. The hope is that we will be selected for these properties, and we would hope that it would happen sometime at the end of FY08. The other major impact on our real estate will be the Convention Center expansion, and the Department of Public Property is working diligently to relocate the current tenants, which is the Office of Supportive Housing and we also have some Police in 1321 Race. So we're working on that. We will meet the deadline of getting them out in time. We continue also with our citywide initiative for special events and we remain committed to that. That's about the extent of the highlights from my testimony. I'm available for any questions you may have.

Council President Verna

Thank you very much. 9 4/16/07 - WHOLE - BILL 070114, ETC. COMMISSIONER SCHLOTTERBECK: You're welcome.

Council President Verna

Before I ask any questions, I want to publicly thank you and your department for the fantastic job you do. COMMISSIONER SCHLOTTERBECK: Thank you.

Council President Verna

I think just with what you did in this one room alone, it may have taken a little time, but you really poured your heart into it and I want to thank you for that. COMMISSIONER SCHLOTTERBECK: Thank you. I appreciate it.

Council President Verna

Commissioner, on of your testimony, you mention facilities management. Can you tell us the number of facilities Public Property has the maintenance responsibilities of? COMMISSIONER SCHLOTTERBECK: Well, we have approximately -- well, we have 41 Police facilities, 63 Fire 10 4/16/07 - WHOLE - BILL 070114, ETC. facilities, 24 Public Property, if you will, facilities, including City Hall, and then we have the triplex, which is One Parkway, MSB and the Criminal Justice Center. So we're looking at at least five million square feet of space. That's an approximate number at this point. And I forget. What was the second question, the second part of your question?

Council President Verna

No. 14 There wasn't. I just asked the number of maintenance facilities you were responsible for. COMMISSIONER SCHLOTTERBECK: Okay.

Council President Verna

How many maintenance positions are you funded for in FY08? COMMISSIONER SCHLOTTERBECK: 104.

Council President Verna

How many did we have in '07? 11 4/16/07 - WHOLE - BILL 070114, ETC. COMMISSIONER SCHLOTTERBECK: 92.

Council President Verna

In your opinion, will your proposed maintenance staff for FY08 allow you to meet the maintenance needs of the various City facilities, bring the facilities up to code and do this during regular working hours? COMMISSIONER SCHLOTTERBECK: Actually, I believe that if Public Property could not be hit with the unending surprises, if you will, the emergency situations that arise, if we get the upgrade to our software and we continue to make better use of our manpower by zoning and attacking areas of the City with teams, I think we could possibly meet all of our requirements. It's just that we, as you are well aware, so often get hit with emergencies that set us back a little bit.

Council President Verna

I know. 12 4/16/07 - WHOLE - BILL 070114, ETC. Then when City Council needs work done, it will not be on overtime and you will not charge us for the work, correct? COMMISSIONER SCHLOTTERBECK: I don't know that that will be quite --

Council President Verna

Oh, come on. COMMISSIONER SCHLOTTERBECK: I will do my best not to charge you, but often times we end up, like I said, doing a lot of work on overtime, and in the case of Council, often it's because we can't have access unless it's on the weekends or in the evenings as well.

Council President Verna

The Controller's Office issued a report on the conditions of the various Police facilities. The report detailed the deplorable conditions that exist as a result of deferred maintenance. Have you been able to correct these problems? COMMISSIONER SCHLOTTERBECK: The answer is, we've been working very 13 4/16/07 - WHOLE - BILL 070114, ETC. hard at addressing most of the issues that are easily taken care of with my staffing. One of the things they wanted us to do is give the Police Department access to our work order system, which they didn't have and in a lot of cases that precluded them from getting their request for work done as fast as they could have otherwise. So we've done that. They've also asked us to address different ways we produce -- well, ways we handle responding to work orders, and we've been trying to do a better job with the zone concept so that if you get someone out there because the light is out and they get there and they notice that there's a leak in the sink, that they report that back to their co-workers so that everything gets done in a more timely manner. We've implemented a full load transfer program to the generator maintenance program. That was one of the 14 4/16/07 - WHOLE - BILL 070114, ETC. things they were critical of. We were installing new generators and they were concerned that we weren't prepared with a full plan to continue to exercise them. We have, as I said, continued to expand the zones. We're actually in the process of getting a couple of facilities that we own out there in other parts of the City staffed properly and get some materials out there so our response time is faster. And we've done a really good job of trying to clear out all the debris. Often times Police stack things, materials, paperwork, and we're working very hard at clearing that out so that we can get to what we need to get to in a faster way.

Council President Verna

Thank you. On of your testimony, you also mention that you are budgeted enough in regards to monitor and secure City Hall around the clock. How many guards will you be hiring? 15 4/16/07 - WHOLE - BILL 070114, ETC. COMMISSIONER SCHLOTTERBECK: We're going to be hiring four new guards.

Council President Verna

Four? COMMISSIONER SCHLOTTERBECK: Yes. We'll have a total of 11.

Council President Verna

And that will be on weekends also? COMMISSIONER SCHLOTTERBECK: Well, the Police will still be here off hours on weekends. There will always be Police at the front northeast corner. That's not going to go away. But, yes, we will have staff. We're going to change shifts and we're going to work around --

Council President Verna

Tell me how the guards will work, please. How will the security guards work? COMMISSIONER SCHLOTTERBECK: Well, the front door especially until we're fully comfortable with how we're operating with the front door concept, meaning northeast corner, the guards will be there all during rush hour and at the 16 4/16/07 - WHOLE - BILL 070114, ETC. end of the day. So I would assume we may have as many as three guards there complementing the police officer. Then the other ones will be responsible to continue to walk through the building. There will be security check points where they'll be testing, stopping by and we'll know they've been through buildings, through the areas, through the men's rooms, through the ladies rooms, continue to basically patrol.

Council President Verna

But it seems that whenever we had an incident with the water in this room, for instance, I think that happened on, I think it was, Good Friday or maybe a Saturday. COMMISSIONER SCHLOTTERBECK: Right.

Council President Verna

And if somebody had been patrolling the corridors, I think they would have heard the water and possibly we would not have had as much damage. When we had the 17 4/16/07 - WHOLE - BILL 070114, ETC. problem in the Caucus Room, if there had been somebody patrolling the corridors -- and I think that occurred on a weekend also -- maybe we wouldn't have had as much damage. When somebody broke into the Supreme Court, I believe that was also a weekend. I think we definitely need security during the weekends, because as I said, it ends up costing, as I said, for this room alone like millions of dollars. So if we have some patrolling going along in the corridors, I think even people that come in to do some work on a weekend would feel a lot safer. COMMISSIONER SCHLOTTERBECK: Well, Jim, do you want to take a minute? Do you have a plan? I mean, basically at this point we don't have the staffing to do the weekend patrols, but that is our intent.

Mr. Lewis

James Lewis, Facilities Director. Council President, we are 18 4/16/07 - WHOLE - BILL 070114, ETC. working on a plan as we hire guards and train the guards to have a touring system where we can ensure as management that our guards are doing the walking tours throughout the building throughout the floors, and they will work in concert with the officer at the front desk, who will have our radios, that if he sees something on the camera there or he has an issue, he can send our guard to check it out, and vice versa. If our guard comes across a situation that he can't control, or he or she, he can radio back to the officer and then get help.

Council President Verna

But that will be from Monday to Friday.

Mr. Lewis

No, no, and the weekends as well.

Council President Verna

Oh, the weekends as well?

Council President Verna

Oh, good.

Mr. Lewis

Seven days a week. 19 4/16/07 - WHOLE - BILL 070114, ETC.

Councilman Rizzo

Point of information.

Council President Verna

And how many guards would you have on the weekend?

Mr. Lewis

Right now we have plans just to have one guard per shift work with the officer.

Council President Verna

Councilman Rizzo.

Councilman Rizzo

Commissioner, do we have technology -- President Verna pointed out about the terrible damage that occurred to this room and also the Caucus Room, and the Mayor's reception room was damaged. I understand that there's technology, a flow detector, that if there was water running in any of the fire systems, that there's an alarm that's sent back that indicates and even tells you the zone where that water flow is. I would hope that after all this repair, that if there would be 20 4/16/07 - WHOLE - BILL 070114, ETC. another activation and it would be on a weekend, that someone would know there's an activation, not until we come in Monday morning. How do we monitor the flow of water, especially from a system that when it's flowing suggests a fire?

Mr. Lewis

Councilman, on the fire system, every time the fire pump does activate, we do know there is a flow in the system on the fire side. With respect to the HVAC system and the chilled water system, if there's a leak in the system, we don't know unless we discover it.

Councilman Rizzo

So, in other words, if you had a fire alarm or a fire head activated, you'd know that because the fire pump would send a message?

Mr. Lewis

Yes. The system would go immediate into alarm and we would be paged and we would know.

Councilman Rizzo

Is there technology out there for like museums and 21 4/16/07 - WHOLE - BILL 070114, ETC. places that have valuable works of art or a room like this to detect moisture or detect a leak?

Mr. Lewis

A flow or a discharge? Councilman, we'll look into that and do some research.

Councilman Rizzo

There's some critical rooms, I would think, that the earliest warning -- if we have smoke detectors and we have other types of detectors, it might be nice to know that early on that there is some change in humidity, I think would probably be a way to -- a high change in humidity would probably be an indicator. Thank you, Madam President.

Mr. Lewis

We will look into that, Councilman.

Councilman Rizzo

Thank you, Madam President.

Council President Verna

You're welcome. I'd like to get back to the one security guard on weekends. Are you 22 4/16/07 - WHOLE - BILL 070114, ETC. going to provide him a card or something? I mean, to do seven floors and to do it several times a day, I think that's going to be a little difficult. COMMISSIONER SCHLOTTERBECK: We actually did explore -- I forget what they're called.

Mr. Lewis

Segways.

Council President Verna

What is that? COMMISSIONER SCHLOTTERBECK: It's an automated scooter. That's long been one of the issues the Police Department have brought up to us, that the tour isn't the issue, but it takes longer than one would think to walk every floor in this building. And we have tenants up on the ninth level, so we need that kind of coverage. It's from the ground up. So we have explored getting one or two of those in the building.

Council President Verna

Oh, that's good. Because it seems to me that 23 4/16/07 - WHOLE - BILL 070114, ETC. whatever damages we have had have been on a weekend, and with that one gentleman that broke into the Supreme Court and broke the window in my office, that was on a weekend. I think that if you feel that one person can do it, fine. Can you tell us what the total cost of the security force will cost? COMMISSIONER SCHLOTTERBECK: The four guards?

Council President Verna

For the guards, the security. COMMISSIONER SCHLOTTERBECK: You mean the 11 positions?

Council President Verna

Yes. COMMISSIONER SCHLOTTERBECK: It looks like we're estimating about $405,000.

Council President Verna

I'm sorry. 205? COMMISSIONER SCHLOTTERBECK: 405,000.

Council President Verna

When will City Hall be secured and what 24 4/16/07 - WHOLE - BILL 070114, ETC. notification will we be getting as it relates to City Hall security? COMMISSIONER SCHLOTTERBECK: Well, we have done -- we've had some delays in turning on the system and going live, if you will. We had to do a new fire evacuation plan with the Fire Department. We had to, as I suggested earlier, we had to integrate our databases with the other facilities. And the other major time lag was the needed variance for the exit doors. But we feel that we're ready. We've done all the testing. Of course, there's always the unforeseen thing that will happen. We have a proposed draft communications plan and I'm waiting to hear on when we'll go live.

Council President Verna

Thank you. Commissioner, City Council amended your FY07 budget during the year and added $5 million for surveillance cameras. Can you tell us how much of the 25 4/16/07 - WHOLE - BILL 070114, ETC. $5 million will be spent during the current year? COMMISSIONER SCHLOTTERBECK: We're estimating that we will spend approximately 1.5 million in '07, and we're working closely with MOIS on that.

Council President Verna

And can you tell us how much funding for security cameras is included in your FY08 budget? COMMISSIONER SCHLOTTERBECK: There is nothing in Public Property budget. However, there's 1.5 million in FY08 in MOIS.

Council President Verna

And do you think that would be enough to complete the project? DEPUTY COMMISSIONER PUNZO: Council President, Frank Punzo, Deputy Commissioner of Communications. Certainly we won't know the exact answer to that until all the responses are in to the bid, which is now out on the street. I believe personally 4/16/07 - WHOLE - BILL 070114, ETC. in past experience it would probably be low to complete the project throughout the entire City, but it will all be depending upon how the respondents come back. They may be able to do it for that price.

Council President Verna

Very well. On -68 of your detail, you're requesting $10.4 million for gas service from PGW. This is the same amount as you expect to spend in FY07. Does this mean that the City does not expect the PUC to grant PGW any of its requested $100 million rate increase? COMMISSIONER SCHLOTTERBECK: I would like to invite Kent Miller up to the microphone here to explain the projections.

Council President Verna

And, Kent, once you identify yourself and respond to that question, I would also like to ask how was the gas service budget for FY08 determined. 27 4/16/07 - WHOLE - BILL 070114, ETC.

Mr. Miller

Well, what we do is, we make an estimate of our expected gas use for the coming year based on our experience in the previous year and we attempt to estimate the benefit of our energy conservation work, and then we make an estimate of what we think the prices will be, and, of course, there's always some uncertainty in the prices. And we believe that when you match the somewhat lower use we expect in natural gas with the somewhat higher costs from the PGW rate increase, we'll be about the same place. Considering there is some uncertainty with respect to weather and our actual use in respect to prices, we think it will be about the same next year.

Council President Verna

Thank you. I hope my gas bills reflect the same thing.

Mr. Miller

I do, too.

Council President Verna

Commissioner, what is the total amount of 28 4/16/07 - WHOLE - BILL 070114, ETC. payroll reductions you were required to take in FY08 for the General Fund of 2.5 percent reductions and what is the position equivalent? COMMISSIONER SCHLOTTERBECK: In my case it was $244,000, and we took it straight out of regular overtime, because for the first time in a very long time, the Communications, emergency radio and switchboard were staffed more properly.

Council President Verna

I'm sorry. I didn't hear you. COMMISSIONER SCHLOTTERBECK: They were staffed up to the complete capacity, which meant we needed less money for overtime. So I really didn't replace a position. I just took it out of my overtime.

Council President Verna

So how many positions? There are none? COMMISSIONER SCHLOTTERBECK: Well, what I'm saying is, I didn't --

Council President Verna

For the 2.5 cut. 29 4/16/07 - WHOLE - BILL 070114, ETC. COMMISSIONER SCHLOTTERBECK: Right. And I took it straight out of Communications' overtime.

Council President Verna

Very well. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. Security cameras always remind me of the northeast corner. I'm just verifying that we're still okay, because I know my colleague had some question about all corners because we do have officers who are there, and as everybody knows, that's the -- since it's manned 18 hours a day, seven days a week and this 19 is the corner that we have people who 20 come needing help, some who are mentally 21 ill, homeless, we continue to ask for 22 special consideration on that corner. 23 And the other issue is, it's 24 just kind of a reminder that I know SEPTA is due to be finished on the Market 30 4/16/07 - WHOLE - BILL 070114, ETC. Street Elevated project for 46th to 63rd within the next year, and I'll contact you then around that time with regard to our lots that they rent, so we talk about the future of those with that absolutely wonderful, wonderful company, SEPTA. Okay. Thank you. Thank you, Madam President.

Council President Verna

You're welcome. The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Madam President. Good morning. COMMISSIONER SCHLOTTERBECK: Good morning.

Councilman Greenlee

Just a question on the City Hall security, another aspect of it. Regular business hours, once this plan is in force, where will non-employees be able to enter? Will they still be able to enter at various 31 4/16/07 - WHOLE - BILL 070114, ETC. sites or is it going to be directed towards the northeast corner? COMMISSIONER SCHLOTTERBECK: I guess the simplest way for me to explain it is, anyone who is a tenant or any employee that has a regular need to come and go in City Hall will have access cards. Anyone else will have to go to the northeast corner.

Councilman Greenlee

So the northeast corner will be the only entrance for anybody that doesn't have an access card; is that right? COMMISSIONER SCHLOTTERBECK: Right. Oh, I'm sorry.

Councilman Greenlee

I was going to say, do you think there are times where that could be a problem? I'm thinking when there's a lot of people coming here or something. I mean, can there be any accommodations made? COMMISSIONER SCHLOTTERBECK: Let me have Jim answer that, and then 32 4/16/07 - WHOLE - BILL 070114, ETC. he'll do some clarity on the first floor, because there is access without needing a card on the first floor.

Mr. Lewis

Councilman, in a normal mode, we anticipate that we're going to leave the portal doors open so the services on the first floor, any personal can come and go as they need. They don't need to check in the northeast corner. If they need to go upstairs in the building, they need to check in at the northeast corner.

Councilman Greenlee

I see.

Mr. Lewis

And we're gearing up for when there's large events or there's a large public meeting or things like that. COMMISSIONER SCHLOTTERBECK: We've made arrangements for the clearance of jurors coming from the Criminal Justice Center. If there's some kind of a protest, we're going to handle that. There will be exceptions.

Councilman Greenlee

Okay. 33 4/16/07 - WHOLE - BILL 070114, ETC. All right. Thank you. Thank you, Madam President.

Council President Verna

You're welcome. The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Thank you, Madam Chair. I agree with President Verna. I think the folks in Public Property, the employees there, always do a great job. You are tested constantly with special events from one extreme to the other and you seem to always get it accomplished. One of the things I think would be helpful, I think would be interesting to the Council, is the restructuring of Public Property. I don't know if we had an appropriate farewell from Deputy Commissioner James to go off to IT, but I think it would be interesting to just explain how it's structured now. And congratulations to Deputy Commissioner Punzo for his appointment, but I think 34 4/16/07 - WHOLE - BILL 070114, ETC. that many of us aren't really -- it's not really clear on how all this is going, because you said something that the IT function of Public Property left. Maybe I didn't hear you correctly, but IT always was its own department, correct? COMMISSIONER SCHLOTTERBECK: Correct.

Councilman Rizzo

So it didn't really leave. Did a function of it leave to go to IT, the information technology? COMMISSIONER SCHLOTTERBECK: I'm going to ask Frank Punzo to answer. DEPUTY COMMISSIONER PUNZO: Councilman, I believe that the bulk of the communications function -- I think is what the Commissioner meant -- did go over to MOIS. That would be for the regular voice and data communications that had been previously in Public Property. From the perspective of what stayed in my role, the municipal switchboard, which we're also looking at obviously as a 311 center, the municipal 35 4/16/07 - WHOLE - BILL 070114, ETC. radio operation and all 800 megahertz items and issues would remain within Public Property. All other day-to-day voice and data cellular Internet type of kind of activity would go over to MOIS. That's the IT function I think the Commissioner was referencing.

Councilman Rizzo

So the telephones went to IT, 800 trunking radio stays with you? DEPUTY COMMISSIONER PUNZO: Correct.

Councilman Rizzo

Switchboard stays with you? DEPUTY COMMISSIONER PUNZO: Right.

Councilman Rizzo

What was the other? COMMISSIONER SCHLOTTERBECK: Radio. DEPUTY COMMISSIONER PUNZO: The regular municipal radio operation, which we've been working very closely with Emergency Management, probably more so 36 4/16/07 - WHOLE - BILL 070114, ETC. than we've ever done in the past, that stays as well.

Councilman Rizzo

Terrific. Good luck to you. Commissioner James, good luck to you, too. Thank you, Madam President.

Council President Verna

You're welcome. The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. Has anyone in Public Property had an opportunity to firsthand view the 311 CSR center at either Chicago or Houston? DEPUTY COMMISSIONER PUNZO: Councilman, not in Chicago or Houston. We have been to the New York center and we've been to Baltimore.

Councilman Kenney

If it's possible, I would request that one or a few people from Public Property go out to 37 4/16/07 - WHOLE - BILL 070114, ETC. Chicago and/or Houston. I think New York's 311 is primarily a 911 diversionary system and not as much CSR integrated as you would think or you would hope. So many major cities across the country have this now, and I know the City had looked at it preliminarily and felt that it wasn't appropriate or too expensive or whatever it was, but I was awestruck at the two systems, both in Chicago and Houston, and their ability to handle complaints and to actually allow kind of an internal audit on a quarterly basis of every department in the city as to the kinds of requests they get, the speed with which they fulfill the request or do not, and it's an unbelievable management tool in addition to changing kind of the cultural view of citizens vis-a-vis their government. People call 1776. They get switched to the Streets Department and Health Department or somewhere and they 38 4/16/07 - WHOLE - BILL 070114, ETC. give somebody information and it gets done or it doesn't, and then they call us and we call you or we call Jimmy Muller, and we try to like kind of patchwork the stuff together without ever being able to determine just what each department is doing and what resources they need, what personnel needs they have. I mean, I sat through kind of a CSR review with the Chief of Staff of the Mayor of Chicago and the entire Health Department, and it was an unbelievable experience to just be able to determine the number of cases that they see at the health centers, what kinds of cases they're getting, how come one health center sees more than another health center but has less employees. It was fascinating. I'm releasing a report on Wednesday on a 311 effort again and trying to develop an RFP so the next Mayor has it handed to him in January '08, but I would really like you guys to 39 4/16/07 - WHOLE - BILL 070114, ETC. go out and just take a look at what it is they do, because each city gets two million calls a year, each city, and a million of those calls in both cities are dispatched with one phone call. What time does the parking lot open to the Linc? Why is East River Drive shut down? What happened to this bridge? I mean, those kinds of questions get answered with one call. The other million get a tracking number like UPS or Fed Ex, and the citizen can actually watch their request to completion. I really would urge you to do that, because I think you guys will probably be around if this effort goes forward. I'd like you to see what they do. COMMISSIONER SCHLOTTERBECK: Okay.

Councilman Kenney

Thank you, Madam President. DEPUTY COMMISSIONER PUNZO: I think that would be a great idea, 40 4/16/07 - WHOLE - BILL 070114, ETC. Councilman. Baltimore, I sat through a similar situation in Baltimore, and I agree with you, the tracking of all of the jobs and what exactly happened is the real key to the 311 and getting it done on the first call.

Councilman Kenney

Well, for example, one of the operating departments they allowed us to view was -- they call it the Bureau of Electricity, which is actually street lighting and traffic engineering. I mean, they can figure out through the CSR request, they can send one crew out to do different requests 16 in one area because they have all the 17 information, instead of waiting and then 18 sending out -- I mean, they can really 19 rationalize their resources. And both 20 Chicago and Houston are very, very welcoming to people from around the country and around the world who want to go -- Chicago especially. I mean, they go out of their way just to show off, and they have a lot to show off. 41 4/16/07 - WHOLE - BILL 070114, ETC. So if you can, whenever your time allows between now and next year, could you try to do that? COMMISSIONER SCHLOTTERBECK: Absolutely.

Councilman Kenney

Thank you.

Council President Verna

Thank you. Are there any other questions or comments from members of the Committee of the Commissioner? (No response.)

Council President Verna

Seeing none, I thank you very much. COMMISSIONER SCHLOTTERBECK: Thank you.

Council President Verna

Thank you. And, again, I applaud your fantastic work. COMMISSIONER SCHLOTTERBECK: Thank you.

Council President Verna

The next department? MR. McPHERSON: Is the 42 4/16/07 - WHOLE - BILL 070114, ETC. Department of Fleet Management.

Council President Verna

Good morning. Welcome. Please identify yourself for the record and proceed with your testimony.

Mr. Muller

James Muller, Fleet Manager for the City of Philadelphia. Good morning, President Verna and distinguished members of City Council. Here today with me is Bob Fox, my Administrative Services Director. Thank you for the opportunity to present testimony in support of my FY2008 Operating Budget for the Office of Fleet Management.

Council President Verna

Mr. Muller, excuse me. I don't mean to interrupt you, but if you could abbreviate your testimony, we'd appreciate it. We will give a copy of it to the stenographer and she'll transcribe it in full.

Mr. Muller

All right.

Council President Verna

Thank 43 4/16/07 - WHOLE - BILL 070114, ETC. you.

Mr. Muller

Our FY08 General Fund budget request is 63,583,424, including million for the purchase of 6 new vehicles. Class 100 accounts for 7 17,687,192. Class 200 is 4,208,252, and 8 Class 300 is budgeted for 22,487,980. 9 Also, FY08 budget includes nine more 10 positions than in 2007. These increases 11 are necessary to maintain the most 12 expensive and complicated vehicle repairs 13 in the City of Philadelphia such as fire 14 equipment, pumpers, ladders and medic 15 units. 16 The fleet: The City of 17 Philadelphia has a diverse fleet in terms 18 of vehicle size and complexity, with an 19 asset value of $248 million, which includes and supported by Water and Aviation Funds. The fleet represents a significant investment of public funds. Currently, OFM maintains an active fleet size of 6,000 vehicles, including 787 that are specialized vehicles. 44 4/16/07 - WHOLE - BILL 070114, ETC. Availability is 90 percent, which means 5,400 vehicles are available every day, thereby meeting most vehicle targets. Hybrid vehicles: OFM's study of hybrid vehicles continues. The study focuses on the hybrid vehicles are -- how hybrid vehicles are affected by multiple drivers and repair costs and fuel savings. OFM ordered another 30 Ford Escape Sport Utility Vehicles this year, raising the total number to 57. Assessments of these vehicles thus far are promising. New vehicle information system: The new vehicle information system, which will become operational by this summer, is the second-generation custom fleet software created by the City of Philadelphia. It was created by OFM's IT Director using the programming language dot net. The original system was supported by vendors for the last ten years. Therefore, Fleet can delete the existing system, which was licensed and 45 4/16/07 - WHOLE - BILL 070114, ETC. maintained at an annual cost of $200,000. General Fund revenue generation: Since FY97, OFM's auctions have sold more than 2,600 vehicles and generated over 10.5 million in revenue for the City of Philadelphia - 8.5 million for the General Fund, 5.5 million for the Water Fund and $218,300 for the Aviation Fund. For FY07, OFM estimates revenues at 700,000 for the General Fund, 120,000 for the Water Fund and 20,000 for the Aviation Fund. Improved Automotive, ASE, Master Certification Program: Initially OFM instituted a $500 incentive program to encourage technicians to obtain the national recognized Automotive Service Excellence Master Certification. FY2005, the stipend increased to a thousand dollars and in FY2006 to 1,500. Additionally, OFM began to provide a free training program to help prepare technicians for this examination. To obtain this prestigious 46 4/16/07 - WHOLE - BILL 070114, ETC. certification, technicians must complete accredited courses that teach vehicle diagnostic skills. This skill has proven the most effective way to reduce costs and maintain vehicle safety. Eighty-six technicians, or one-third of our technicians, have at least one certification. This concludes my testimony. I'd be happy to answer any questions.

Council President Verna

Thank you. On of your testimony, you mention that the FY08 budget includes nine more positions than FY07. Will you please refer to -4 of your detail. It indicates that City Council funded 322 full-time General Fund positions in the current fiscal year; isn't that correct? However, your FY08 full-time General Fund positions are for 321. That's a reduction of one position, not an increase of nine, as stated in your testimony; isn't that correct? 47 4/16/07 - WHOLE - BILL 070114, ETC.

Mr. Muller

I'll have Bob Fox look at that.

Council President Verna

Sure. Take his time.

Mr. Fox

Robert Fox, Administrative Director.

Council President Verna

Yes.

Mr. Fox

Council President, the directions have us in Column 8 subtracting Column 7 from Column 11. I'm sorry; Column 8 from Column 7.

Council President Verna

But the nine positions are against an arbitrary date as to the number of filled positions as of a date certain and does not represent the 2007 budgeted position level. This is very misleading. It really is.

Mr. Fox

I would agree.

Council President Verna

If you could clear that, I would appreciate it.

Council President Verna

Are 48 4/16/07 - WHOLE - BILL 070114, ETC. you going to clarify that?

Mr. Fox

Other than to say that we were in the directions asked to separate the one column subtracting from the other number. It was just following the directions of the form. I can provide you with --

Council President Verna

I don't want to put you in a position that I would not want you to put me in, so just tell me you will put it in writing, mail it to me and I can distribute it to the Councilmembers.

Mr. Fox

Thank you, Council President. I will do that.

Council President Verna

Okay. On -35 of the detail, you're requesting $30,000 for medical surveillance program. Can you tell us what this is for? I believe it's Thomas Jefferson physicians.

Mr. Muller

Yes. It's for drug testing.

Council President Verna

Oh, 49 4/16/07 - WHOLE - BILL 070114, ETC. drug testing.

Mr. Muller

People with CDL driver's license.

Council President Verna

Thank you. I just couldn't understand what that was for. You're also requesting $19 million for General Fund vehicle purchases in FY08, which represents an increase of $6.4 million over FY07 purchases. Can you explain why you need this additional funding?

Mr. Fox

Yes, Council President. Our vehicle replacement budget over the previous five years had been pretty low compared to our normal replacement. We talked to the Budget Bureau about the size of our fleet, the age of our fleet and the breakdowns more unscheduled than we've had in the past. So they agreed to move money forward from '09, '10, '11 and '12 of the Five-Year Plan into '08 so that we could try to erase some of these problems, order more 50 4/16/07 - WHOLE - BILL 070114, ETC. police cars, order more fire equipment.

Council President Verna

So if we in fact were to put the money in '08, the money would be available July 1.

Council President Verna

How long would it take before the City would receive the vehicles?

Mr. Fox

Depending on the type of vehicle, a radio patrol car could be less than three months. A compactor or a piece of fire equipment could be over a year.

Council President Verna

Would you be kind enough to give us a breakdown by department, by vehicle type and quantity that you plan to purchase in FY08?

Mr. Fox

Yes, Council President. We'll get that to you immediately.

Council President Verna

You don't have it with you?

Mr. Fox

I don't have it with 51 4/16/07 - WHOLE - BILL 070114, ETC. us now. Sorry, Councilwoman.

Council President Verna

What is the decision process that you utilize in making a decision as to what vehicles are to be replaced?

Mr. Muller

Well, it's depending on the age of the vehicle, the mission of the vehicle. That's how we usually base it on. The cost of how much money we've spent to date. The national average is 80 percent. Once we reach 80 percent of a vehicle, we don't maintain it. We try to relinquish it.

Council President Verna

Who makes the determination as to what vehicles by make, model, et cetera, that the City would buy or should buy?

Mr. Muller

Fleet Management does, depending on the mission of the vehicle, the price, what we believe the Department could use. Sometimes we're -- the Department makes the decision for us basically with some fire equipment, police cars. 52 4/16/07 - WHOLE - BILL 070114, ETC.

Council President Verna

From what I see, I think the police cars are in really bad shape, for the most part. The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. Mr. Muller, have you been doing any investigation relative to the availability or utility of biofuels by vehicles?

Councilman Kenney

Could you explain what you've been doing to date?

Mr. Muller

We're doing a hybrid study right now, and it's turning out to be very, very -- showing us very, very promising with the hybrid vehicles. Also, we're buying biodiesel fuel for our -- and we just received a grant from the Pennsylvania Department of Environmental Protection for $351,000.

Councilman Kenney

So you are working with the state? 53 4/16/07 - WHOLE - BILL 070114, ETC.

Councilman Kenney

And you're purchasing the biodiesel from a Pennsylvania company?

Mr. Muller

I'm waiting for Tim on a contract. The bid has not been put on the street yet, but that's what we're looking to do with Sunoco.

Councilman Kenney

As you saw, the Governor had an announcement that a firm -- I forget the name of the company -- was going to open seven or so biofuel refineries, I guess for want of a better word. I think that Philadelphia could probably be perhaps that company's biggest state purchaser, or one of them at least, which would also give us a nice link to Pennsylvania agriculture and kind of putting Philadelphia together with the rest of the state as an important element in the state's economy. So in addition to environmental issues and perhaps saving some money, because the biofuel is cheaper -- how 54 4/16/07 - WHOLE - BILL 070114, ETC. does it relate to --

Mr. Muller

About ten or 4 cents more. 5

Councilman Kenney

More? 6 Okay. But the environmental benefits are 7 clear and also that linkage to the state 8 is important. So could you keep us up to 9 date as to how that's going? 10

Mr. Muller

Okay. Would you 11 want a copy of the letter that we have? 12

Councilman Kenney

Yes, 13 please. Just forward it to the President 14 or to me. 15 How many tires do we go through in a year?

Mr. Muller

A lot. Can I get back to you on that, Jim? I don't have the number in my head, but it's a lot. It's a lot. And they have to be -- we just can't throw them away anymore. We have to make sure --

Councilman Kenney

My question is, how do we dispose of them?

Mr. Muller

We're very 55 4/16/07 - WHOLE - BILL 070114, ETC. fortunate. We have the Streets Department comes and picks ours up and takes them down to the --

Councilman Kenney

So they're landfilled?

Mr. Muller

Yes. Yes.

Councilman Kenney

I'll send a letter to the Streets Department also, but I wondered if you could try to find out whether or not -- I think there's a company -- and I don't know whether the cost is prohibitive or not -- that's opening up somewhere in New York relative to the rubber sidewalk manufacturer, that we may be able to create a source for them of tires that we wouldn't have to landfill. Because I expect that the number of tires we landfill in a year has got to be significant, and that's a cost to us also.

Mr. Muller

Right. We purchase about a million dollars worth of tires a year.

Councilman Kenney

Okay. I'd 56 4/16/07 - WHOLE - BILL 070114, ETC. be interested in knowing the number, the number that we dispose of a year.

Councilman Kenney

And you did give us somewhat of an update on the hybrid vehicle stuff, so that was my third question. So thank you very much.

Council President Verna

You're welcome. The Chair recognizes Councilman Rizzo.

Councilman Rizzo

Thank you, Madam Chair. Again, I say this to you every year. I think Fleet Management does a great job, a diverse group of vehicles, and I'll tell you, if I didn't understand the numbering system, I see some of them that look like they're two, three years old and they're eight, nine, ten years old. Even some of our sedans that I see in the Water Department and other places, they look first class. But I do agree with you, that 57 4/16/07 - WHOLE - BILL 070114, ETC. money that you've asked for to buy the new vehicles, especially the radio-patrolled vehicles, that that can get expensive, maintaining an old vehicle, and I think that's a good management decision to move on that stuff now, get it out of here and stop wasting money on it, especially when you hear about engines and some real expensive repairs that are required to get that back on the street. And I know that we've been pushing you to not get new vehicles, a lot of people have, and try to contain the cost, but now I think it's starting to go on the other side where maintenance is starting to be a factor. So, again, I think that all of you do a great job and even in some bad times, like the weather today and over the weekend, to keep a lot of equipment that's so important. I watched those drain-cleaning vehicles. It looked like you were running 24/7, and there was a Fleet Management person on site 58 4/16/07 - WHOLE - BILL 070114, ETC. apparently making some repair right on the street to keep it going. So congratulations.

Mr. Muller

Thank you.

Councilman Rizzo

And I think you guys do just a great job.

Mr. Muller

Thank you very much. I have a wonderful staff of people, of support. Thank you.

Councilman Rizzo

Thank you, Madam Chair.

Council President Verna

You're welcome. And I would ask that you please send that breakdown for me by department.

Council President Verna

Thank you.

Mr. Muller

Thank you very much.

Council President Verna

Thank you so much. Our next department? MR. McPHERSON: Historical 59 4/16/07 - WHOLE - BILL 070114, ETC. Commission.

Council President Verna

We're just going to take a three-minute break. We'll be right back. (Short recess.)

Council President Verna

Thank you very much. Kindly identify yourself for the record and proceed with your testimony.

Mr. Farnham

Good morning, Council President Verna. I am John Farnham, Acting Historic Preservation Director of the Philadelphia Historical Commission.

Council President Verna

Excuse me, sir. Can you pull the microphone closer to you, please.

Mr. Farnham

I am John Farnham, Acting Historic Preservation Director of the Philadelphia Historical Commission. To my right is Thomas Sugrue, Vice Chair of the Commission, and to my left, Vincent Rivera, the Chair of the Commission's Architectural Committee. 60 4/16/07 - WHOLE - BILL 070114, ETC. Michael Sklaroff, the Chair, sends his apologies. He was called before the state Supreme Court this morning. I present for your review and consideration the Historical Commission's Operating Budget request in the amount of $325,868 for Fiscal Year 2008. The addition of $4,125 over estimated obligations for Fiscal Year 2007 will fund wage increases. The proposed budget will fund six staff positions, what we have currently, and support the current levels of service. In Calendar Year 2006, the Commission reviewed and approved 1,513 building permit applications for historic properties designated under the local ordinance, a 2.5 percent increase over the previous year. In addition to this achievement, the Commission conducted or supervised 2,531 federally mandated historic reviews for projects undertaken by public and quasi-public municipal agencies. 61 4/16/07 - WHOLE - BILL 070114, ETC. The Commission continues to streamline practices and procedures, providing services in more efficient and effective ways. For example, the Commission is reorganizing its staff, revising current and creating new job specifications to promote recruitment and retention of qualified personnel. It is also undertaking a major project to update and verify the Philadelphia Register of Historic Places, the master list of designated historic properties, and to provide better and more data to City agencies and the public. Thank you, members of City Council, for your attention. We are now happy to address any questions that you may have.

Council President Verna

Thank you very much. In your testimony, you mention that the Commission has a backlog in the area of historic district designations. The only question I have for you is, are 62 4/16/07 - WHOLE - BILL 070114, ETC. you satisfied with the Administration's proposed FY08 budget of $325,000?

Mr. Farnham

The proposed budget will allow us to continue the current services that we provide to the citizens of Philadelphia. I've been speaking with the Budget Director, and it looks like we may receive a small increase in Class 200 money that would allow us to hire consultants to undertake some of those deferred tasks.

Council President Verna

Can the Budget Director come up to the table, please. We go through this every year, and every year we have been saying that the Historic Commission definitely needs more employees. How far does your backlog go for the historic district designations?

Mr. Farnham

The oldest district nomination that we have that we have not yet processed I believe was received approximately five years ago. 63 4/16/07 - WHOLE - BILL 070114, ETC. We have a total of five district nominations that are waiting to be processed, the others submitted between one, two and three years ago.

Council President Verna

And at the amount of employees that you presently have, how much longer do you think it would take to address the issue?

Mr. Farnham

Well, with the addition of some consulting money to hire interns, I think we could begin to address the issue. I think it would take several years to overcome the backlog that we currently have.

Council President Verna

And I see you've been cut by $7,660. Your budget is really not that much, but do you feel very confident that what you're being told can be accomplished and the backlog will be decreased?

Mr. Farnham

I believe --

Council President Verna

Speak now or forever hold your peace, please.

Mr. Farnham

Without the 64 4/16/07 - WHOLE - BILL 070114, ETC. addition of more Class 200 money, we can continue to provide the current services. I don't believe that we will be able to aggressively deplete those deferred historic district nominations. With some consulting money, we can begin to work on that task, but it would be several years until we had worked our way through that backlog.

Council President Verna

Ms. Reed, can you come up, please, to the table. I see that Class 200 for this current year we had $21,084. For FY08, I've heard three times that you expect the Class 200 to be increased. I see it as being the same, $21,084.

Mr. Farnham

Yes. Currently, in the proposed budget, that is the figure, and that money would be dedicated to emergency engineering evaluation services for dangerous buildings.

Council President Verna

Well, where do the consultants come in? 65 4/16/07 - WHOLE - BILL 070114, ETC.

Ms. Reed

Dianne Reed, Budget Director. Conversations about trying to help the Historical Commission out with its backlog have occurred subsequent to the submission of the detail and we will have to work this out in the final budget accommodation.

Council President Verna

Well, how much more money do you anticipate that they will be receiving?

Ms. Reed

We have not worked out the details of that. We'll try to go on the cheap, because that's what we have to do this year.

Council President Verna

Well, if --

Ms. Reed

While trying to help them accomplish their purpose.

Council President Verna

Well, if you don't, I think we will. I think it's utterly ridiculous that after five years, the historic district designation has not been completed, and if we don't 66 4/16/07 - WHOLE - BILL 070114, ETC. give them the assistance that they need, it may be another five years before that's accomplished. I would suggest, Ms. Reed, that you look into this very carefully and be in touch with us as soon as possible, because every year it's the same -- I knew the Historic Commission would be cut again and the plea was going to be for them to get more help. Now, if I thought that, I'm sure you had to be looking at that very carefully.

Ms. Reed

Yes, ma'am. We actually are increasing them by one position and they're up about a whole giant 50 percent from four positions a couple years ago.

Council President Verna

But then if you look again, I don't see that really happening to any great degree. I don't even want to discuss this with you. Look at it closely and get back to us. The Chair recognizes Councilwoman Blackwell.

Councilwoman Blackwell

Thank 67 4/16/07 - WHOLE - BILL 070114, ETC. you, Madam President. I see one of those to be considered is West Philadelphia. I don't know if it's our old Spruce Hill site. Is it?

Mr. Farnham

Well, there are two proposed historic districts in West Philadelphia, the Spruce Hill proposed district and also a district in Overbrook Farms.

Councilwoman Blackwell

Okay. Well, Overbrook Farms is the Fourth District.

Mr. Farnham

Excuse me. I'm sorry.

Councilwoman Blackwell

That's all right.

Mr. Farnham

There's Three Parkside as well. Excuse me.

Council President Verna

I'm sorry, Councilwoman. Who has been waiting since 2002? What district is that?

Mr. Farnham

That would be the 68 4/16/07 - WHOLE - BILL 070114, ETC. Spruce Hill district.

Councilwoman Blackwell

But, Madam President, I haven't been waiting. And my area has not still settled itself in terms of how they feel about it and where people fall down on the issue, who it includes, who it doesn't, all the issues of affordability and so forth. So my concern is that since we are not sure -- now, Overbrook Farms is the Fourth District. Parkside, it depends on which side of Parkside Avenue we're speaking, but certainly with regard to other areas who may be ready and willing to go, I would say perhaps they can be considered and not feel that five already. Because I know we're not ready. In Spruce Hill we're not ready. I'm not sure where you're talking about on Parkside Avenue. And then maybe those who have been waiting for it and want it and are settled down to what they want, maybe they can be considered. I don't know, again, where you 69 4/16/07 - WHOLE - BILL 070114, ETC. mean on Parkside. If it's Jim Brown, that's one area. Jim Brown is my side of Parkside Avenue. So we can have that discussion, but as for Spruce Hill, we're still not ready.

Mr. Farnham

Certainly the Commission would never proceed on evaluating the nomination without first speaking with you and with your constituents and ensuring that it was something that there was a real feeling it ought to go forward.

Councilwoman Blackwell

Thank you.

Mr. Farnham

The Parkside district, the proposed district is very small, and James Brown is one of the primary supporters of the creation of that historic district.

Councilwoman Blackwell

Yes, he is, and for the Commission itself. He's been a great advocate for that. So we may be ready to consider that at an appropriate time, but not the other. But 70 4/16/07 - WHOLE - BILL 070114, ETC. I appreciate your saying you won't move forward, because we've been through that, and us having debates in here doesn't help any of us. So I think that that's probably a good way to go, Madam President, with those whose Councilpeople and communities are ready, then maybe it wouldn't be so long.

Council President Verna

If you have to wait five years, you'll either be ready or you'll never be ready, believe me. This morning before coming into the hearing, I received a letter from a small construction firm located in Center City and he went on to say how important the Philadelphia Historic Commission is. Furthermore, he went on to say, Our gross receipt tax alone for 2006 was approximately $70,000, not including permit fees, licenses, skilled union labor or wage tax. The Historic Commission is providing the City with 71 4/16/07 - WHOLE - BILL 070114, ETC. valuable services that are financially benefit to the City and local business. So, again, I am going to ask Ms. Reed -- I don't see her. I assume she's still here -- to please look into this very carefully and get back to us. Are there any other questions from members of the Committee? (No response.)

Council President Verna

Okay. Seeing no one, thank you, gentlemen.

Mr. Farnham

Thank you very much. MR. McPHERSON: Our next department is the Department of Streets.

Council President Verna

Oh, I have one last question. Once you do the designation, how many additional properties will you have to be overseeing?

Mr. Farnham

John Farnham again. Currently, the Commission has designated approximately 10,700 72 4/16/07 - WHOLE - BILL 070114, ETC. properties. If all five districts were designated as currently proposed, it would add about 3,035 properties. We would expect an increase of or 6 percent in our permit applications, which 7 is the primary work that the Commission 8 does. 9

Council President Verna

Very 10 well. Thank you so much. 11

Mr. Farnham

Thank you. 12

Councilwoman Blackwell

Madam 13 President. 14

Council President Verna

Yes. 15 Just a moment, please.

Councilwoman Blackwell

Let me likewise note, in opening mail, I just received a letter today from James Brown, who, as you know, is Executive Director of the Parkside Historic Preservation Corporation, certainly asking for an increase by 300,000 to allow you to do the work that you do. So I want you to know that you do have many advocates out there who value the work that you 73 4/16/07 - WHOLE - BILL 070114, ETC. perform. Thank you, Madam President.

Council President Verna

You're welcome. I also see John Gallery sitting in the back of the room, who has written saying how important it is that we try to look at your budget very closely. So I thank you so much again.

Mr. Farnham

Thank you.

Council President Verna

The next department to testify? MR. McPHERSON: The Department of Streets.

Council President Verna

Good morning. Welcome. COMMISSIONER TOLSON: Good morning, Council President.

Council President Verna

Please identify yourself for the record and proceed with your testimony. COMMISSIONER TOLSON: My name is Clarena Tolson, Commissioner of the Department of Streets. 74 4/16/07 - WHOLE - BILL 070114, ETC. Good morning, Council President Verna and members of City Council. I'm here today to present testimony on behalf of the Department's proposed 2008 Operating Budget. We request a General Fund appropriation of 129 million and an all funds appropriation of 160 million. Our proposed budget in the General Fund requests 66 million for Class 100 personal services, an increase of 1.7 million over the 2007 estimated obligations; 58 million for Class 200 purchase of services, an increase of 110,000; and 4 million for Class 300 materials and supplies, a decrease of 1.7 million; and 53,000 for Class 500 contributions. The General Fund appropriation reflects a general --

Council President Verna

Commissioner, excuse me, please. We would really appreciate it if you could abbreviate your testimony. A copy will 75 4/16/07 - WHOLE - BILL 070114, ETC. be given to the stenographer and it will be transcribed in full. COMMISSIONER TOLSON: Yes.

Council President Verna

Thank you. COMMISSIONER TOLSON: Thank you. The General Fund appropriation reflects a general reduction of 2.5 percent in personal services and a four percent wage increase effective July 1, 2007. Many important services are provided by the Streets Department, including sanitation services, which includes household collections and street cleaning, recycling services, as well as other special services through education and enforcement. Additionally, in our Transportation Division, we're responsible for roadway maintenance, storm response, as we were active today, traffic engineering, bridge maintenance, as well as street lighting and survey 76 4/16/07 - WHOLE - BILL 070114, ETC. work. The employees of the Streets Department continue to work diligently in the delivery of services to our citizens and neighborhoods and to improve the quality of life in our city by providing clean and safe streets. Therefore, we request favorable consideration of this budget request. I'm available for any questions at this time.

Council President Verna

Thank you very much, Commissioner. On of your testimony, you mention recycling and the "All Together Now" program. When will this program be offered citywide? COMMISSIONER TOLSON: I have with me Carlton Williams, who is the Deputy Commissioner who heads the Sanitation Division, and he's quite excited about this program, so I'd like to have him answer this question. I'm familiar with it, but I think it's a very 77 4/16/07 - WHOLE - BILL 070114, ETC. great program that he's developed. He should be proud of it, and I'm proud of him for it. DEPUTY COMMISSIONER WILLIAMS: Thank you, Commissioner. Thank you, Council President. My name is Carlton Williams, Deputy Commissioner for the Streets Department. Since we rolled out the single-stream recycling program in the Northeast and Southwest Philadelphia, we've seen nearly a combined effect of a 45 percent increase, without any additional costs to our Operating Budget, and this is something that's exciting for us, because it has moved the diversion rate. The diversion rate for years hasn't moved past six percent and it's now up to 7.2 percent that we're projecting at the end of the year, and we plan on rolling out in a three-year phase to the entire City.

Council President Verna

So when do you plan to offer it citywide? 78 4/16/07 - WHOLE - BILL 070114, ETC. DEPUTY COMMISSIONER WILLIAMS: Within the three-year period.

Council President Verna

Oh, within a three-year period. DEPUTY COMMISSIONER WILLIAMS: Yes, ma'am.

Council President Verna

You mention that the recycling diversion rates are approximately 7 percent for city curbside collections. How does this compare to other cities? DEPUTY COMMISSIONER WILLIAMS: Well, one of the things that we've had a challenge with to explain to the public is that it's difficult to compare our city with other cities because you don't collect the same amount of materials. For instance, in New York they add abandoned cars in their recycling rate. Other cities use a combined recycling rate, such as commercial and residential. If we combined our commercial and residential, we'll be up at 38 percent. We use a number from our curbside 79 4/16/07 - WHOLE - BILL 070114, ETC. program, which is percent. So it's very difficult for us to compare ourselves to like Los Angeles, New York and Chicago, because they use different materials.

Council President Verna

On and 4 of your testimony, you mention the Philadelphia More Beautiful Committee's Clean Block program. The annual General Fund contribution to support this program is $48,000 or thereabouts. When was the last time this funding was increased? Because I'll tell you, going through the areas, everybody complains about the terrible, terrible dirty streets and I know we don't clean the streets year round. COMMISSIONER TOLSON: I don't have the exact date --

Council President Verna

In South Philadelphia when we attempted this program, people went ballistic because they had to move their cars and they didn't want to do that. But can you tell 80 4/16/07 - WHOLE - BILL 070114, ETC. me when the last time -- (Councilman Kenney talking without a microphone.)

Council President Verna

I know. And nobody wants to use a broom.

Councilman Kenney

Stuff doesn't fall from the sky. It comes out of people's hands.

Council President Verna

Exactly. So, again, I would ask you, when was the last time that this funding was increased? COMMISSIONER TOLSON: This particular contribution, I believe it's been over six years.

Council President Verna

The Administration has reduced your General Fund full-time position level from 1,939 in the current budget to 1,901 in FY08. Can you tell us where you took the 38 position reduction and the operational impact of this cut? COMMISSIONER TOLSON: Many of 81 4/16/07 - WHOLE - BILL 070114, ETC. the positions have come from our condo allocation. Because of the relatively smaller number of users that we have in that system -- we presently have 6 locations as of January -- fortunately 7 the locations taking advantage of the 8 condo collections, the positions came 9 from there. Most of our positions came 10 from there. 11

Council President Verna

Well, 12 does that mean you're not going to be 13 picking up from the condominiums? 14 COMMISSIONER TOLSON: No. 15 Those that have selected our service, we are collecting from them. I think that we had anticipated a larger number, a larger response, and we did not get that. So because we had a smaller response, we were able to reduce the allocation towards that service.

Council President Verna

Are the responses that you received, are most of them in Center City? COMMISSIONER TOLSON: No. We 82 4/16/07 - WHOLE - BILL 070114, ETC. have people all over the City, condos all over the City that we service.

Council President Verna

I'm just trying to visualize how large some of these condos are. DEPUTY COMMISSIONER WILLIAMS: Yes. This is Deputy Commissioner Williams again. The larger condominiums with smaller space were found in Center City. We had condo locations, and we had defined them as locations, because a unit can have over three to four thousand units within a location. We are not servicing those areas. We're finding that we're servicing the ones, for instance, in the Northeast when they were more spread out and easier to collect curbside. The ones with multiple collection days have opted not to accept the service.

Councilman Kenney

Madam President.

Council President Verna

The 83 4/16/07 - WHOLE - BILL 070114, ETC. Chair recognizes Councilman Kenney.

Councilman Kenney

It's not that they've opted not to accept the service. They can't accept the service because their insurance providers will not allow the City trucks to go onto their property to pick it up. And since they've taken a 38-person reduction, you can get more reduced, if you'd like. 11 All the City has to do is just reimburse 12 the condo associations for the trash 13 pick-up and we don't have to talk about 14 personnel, equipment, insurance or anything else, and it's cheaper. I mean, I don't get it. I mean, I understand this decision is not coming directly from the Streets Department, but if you can do it more efficiently by reimbursement, you can do it cheaper by reimbursement and you don't need 38 people or the 14 people that's doing it now, because if you wrote them a check, the private haulers would be taking it like they've always taken it. 84 4/16/07 - WHOLE - BILL 070114, ETC. To me it's totally ridiculous.

Council President Verna

That's a shame. Councilman Kenney, I know before we even voted on this bill, that was your concept from very early on.

Councilman Kenney

When we first recommended it, they said we couldn't do it, it's too expensive. And then when they were forced to do it, they say that -- it's one excuse after the other, when the direct, more intelligent way of doing it is sitting down and writing a check for a very small amount of money compared to what it costs us to pick it up. And those discussions hopefully are ongoing. We've been trying to get the Mayor to sit and talk with the representatives of the larger condos. I'm trying to find out what the status of that is, but it's a little frustrating.

Council President Verna

Well -- COMMISSIONER TOLSON: Councilwoman, can I just clarify one 85 4/16/07 - WHOLE - BILL 070114, ETC. point as well on that?

Council President Verna

Please. COMMISSIONER TOLSON: For the total positions that were dropped, 7 were from the condominium, 17 were from 8 the Highways Group. Those were the folks 9 who supported the Hot in Place Paving 10 program, and one was from a grant that we 11 had from DVRPC. 12

Council President Verna

Were 13 these people under DROP? 14 COMMISSIONER TOLSON: Through attrition we're losing them.

Council President Verna

On of your testimony, you mention that you will receive a million dollar grant for Safe Route to School. How many flashing signs will we be able to install with this grant and what is the cost of a flashing signal? COMMISSIONER TOLSON: The flashing signal, I believe the unit costs about $25,000. Let me just confirm that. 86 4/16/07 - WHOLE - BILL 070114, ETC. Yes, about 20, thousand per school.

Council President Verna

Boy, 5 that keeps going up, too. 6 Okay. And I am sure that we 7 have quite a waiting list of requests for 8 the flashing lights. 9 COMMISSIONER TOLSON: We should 10 complete the waiting list this year. 11 Within the next fiscal year, 12 we'll complete the waiting list. 13 However, there are a number of schools 14 that have not requested them as of yet. 15 So each additional year you'll simply do 16 those that have not requested, because we 17 will have the ability to take care of 18 them. 19

Council President Verna

20 Commissioner, are you referring to 2008 21 or 2009? 22 COMMISSIONER TOLSON: 2008. 23

Council President Verna

And I 24 see one of my favorite people in the 25 audience and I know this is a Capital 87 4/16/07 - WHOLE - BILL 070114, ETC. Budget question, but do we have money for new street lights? COMMISSIONER TOLSON: We have very -- right now we do not.

Council President Verna

Very little. COMMISSIONER TOLSON: Yes. We expect that when we get a Capital Budget, that we will have some limited amount, nothing for any wholesale installations.

Council President Verna

Okay. The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Madam President. Two kind of follow-ups, I guess, on issues that were brought up, but since street lighting was the last one, it seems like on basic repairs when somebody calls in a street light that's out, you get to it pretty quickly, and that's great. I know sometimes there's wiring problems that take a little longer, but alley lights seem to be more 88 4/16/07 - WHOLE - BILL 070114, ETC. of a problem. It seems like there's often time -- what is your average wait on that or how long does it take to usually get to an alley light? COMMISSIONER TOLSON: It can vary. It depends upon the number of complaints that come in at any given time. People tend to be more concerned about it in certain parts of the year than others. And we've also changed our strategy to respond to them. It used to be that we kind of metered out our response over the course of a year so that we did so many each month so that we can always respond to challenges and problems, and what we're doing now is we're just simply tackling everything that's on the list.

Councilman Greenlee

Because I remember at one time in my life before this life, the street lighting division would say sometimes, Well, we maintained that a certain amount of time ago, so even though it's out, we're not going to 89 4/16/07 - WHOLE - BILL 070114, ETC. get to it for a long time. Is that still the -- COMMISSIONER TOLSON: I think the situation that you're describing is one where we had repeat problems.

Councilman Greenlee

Right. COMMISSIONER TOLSON: And they're not operational or electrical problems. They're not a wiring problem. It's sometimes a problem where people are shooting them out or vandals are shaking the pole with the intent of doing damage or causing some other problem. But by and large, I think that we're trying to maintain a schedule that's closer to just a couple weeks. Some of them are a little faster, some of them are a little bit longer, depending upon what the problem is. If we can access the alleyway, we try to respond fairly quickly. A significant problem does come up and we've had a significant backlog with people who do not have access to 90 4/16/07 - WHOLE - BILL 070114, ETC. their rears, either gates, unsafe conditions with animals in the back or debris that the households put out in the alleys so that --

Councilman Greenlee

They couldn't get through to maintain them. COMMISSIONER TOLSON: They can't get through.

Councilman Greenlee

Okay. As long as we're talking time frame, I know you were working on that program with the pothole/plumbers' ditch repairs, which was -- what was the time frame you were working on? COMMISSIONER TOLSON: It's a next-day response. It's been a quite successful program. It's run by our Highways Division that has done an excellent job. What it guarantees is, on all potholes that the City maintains, we will respond the next day to repair that pothole within our pothole season, and we're certainly in pothole season now.

Councilman Greenlee

I was 91 4/16/07 - WHOLE - BILL 070114, ETC. going to say, this is probably prime time, right, the end of the winter? COMMISSIONER TOLSON: Yes, it's prime time now.

Councilman Greenlee

Although we're still in winter, I guess. I don't know. COMMISSIONER TOLSON: And our average response time at this point is the one day.

Councilman Greenlee

Now, is that plumbers' ditches, too? COMMISSIONER TOLSON: Ditches are different. Ditches, our goal timeline for response is 30 days. Right now coming off of the winter when you have been unable to permanently repair ditches, we do have a backlog. We expect to have that backlog gone within a couple of months, I would say. Yes. By the end of this fiscal year, the backlog will be gone, and we will then be able to maintain our 30-day response pretty handedly. We were able to do that last 92 4/16/07 - WHOLE - BILL 070114, ETC. year, and our citizens, I think, really appreciated it and they told us that, which was a big boost to the folks who work in the division, because they saw the efforts appreciated in a big way. It got to the point where we were able -- our process is one where a call comes in, people identify a pothole and an inspector goes out to make sure that it is a pothole. We've had to do that because, unfortunately, about 30 percent of the calls that say they're potholes they aren't.

Councilman Greenlee

They're ditches of some sort, right? COMMISSIONER TOLSON: They're ditches. They could be a missing utility cover or sunk-in cover, a whole host of things. And our inspector often times will call the individual that makes the request -- they give you a telephone number -- to confirm that we have the right location, that we're not missing something. It could be under a car and 93 4/16/07 - WHOLE - BILL 070114, ETC. we don't see it. So that has gone along quite smoothly quite nicely.

Councilman Greenlee

Great. Just one more follow-up, and as Councilman Kenney said, I know you kind of have to do what the Administration instructs you to do in this case, but on the condo trash pick-up -- I know Deputy Commissioner said that there was only so many that were participating so far, but what kind of strain on your manpower would you have if these bigger condos just decided, You know what, we're going to ask you to do this since it's your responsibility right now to do? And I certainly agree with Councilman Kenney, that certainly tax credits seem to make a heck of a lot more sense economically and otherwise. But how would you handle that? I mean, do you have people like ready to go if the Philadelphian and Society Hill Towers and all these places started saying, We want our trash picked up? 94 4/16/07 - WHOLE - BILL 070114, ETC. COMMISSIONER TOLSON: Yes, Councilman. We actually prior to the start of the service, we prepared ourselves by surveying the facilities to determine what type of dumpsters we'd use, make sure we had the proper type of truck that would handle the service, and that's why we staffed appropriately and also prepared ourselves in terms of our disposal capacity.

Councilman Greenlee

And that would not have an effect on your personnel as it is now? COMMISSIONER TOLSON: No. 16

Councilman Greenlee

Because if you're not doing it now, those people are doing something else, right? COMMISSIONER TOLSON: Well, we were to staff up to that level to support the condo collection, but we did not staff to that level because the condo collection didn't happen on a wholesale level.

Councilman Greenlee

And I 95 4/16/07 - WHOLE - BILL 070114, ETC. know this isn't your thing as much as the Law Department, but on the issue that Councilman Kenney brought up as far as the condos and the damage that could be done insurance-wise and whatever, has that been discussed? COMMISSIONER TOLSON: I had not heard of the insurance issue previously. I had not heard of the insurance being a concern.

Councilman Greenlee

We did hear that from condo associations, that they didn't want -- you had issues of damage and that kind of thing or allegations of damage. COMMISSIONER TOLSON: We were not advised of that.

Councilman Greenlee

Okay. All right. Thank you, Madam President.

Council President Verna

You're welcome. The Chair recognizes Councilman Rizzo. 96 4/16/07 - WHOLE - BILL 070114, ETC.

Councilman Rizzo

I hope that if there's a fire, they'll allow the fire truck to come. COMMISSIONER TOLSON: I'm sorry?

Councilman Rizzo

I hope if there's a fire, they'll allow the fire truck to come to the condos. COMMISSIONER TOLSON: Yes.

Councilman Rizzo

I want to talk about the school zones first. I've noticed that the school zones are now -- they say miles an hour. Rarely a 15 person goes through a school zone at 15 miles an hour. Is there any work between the Streets Department and the Police Department to do some collective enforcement -- I guess that's a word from the last decade -- to periodically monitor some of the locations? I know on the way to work, Henry Avenue by the Saul School, if anybody is doing 30 through that school zone, that's slow. And then 97 4/16/07 - WHOLE - BILL 070114, ETC. I notice -- and I'm going to look into legislation. I'm not hot on banning people from using cell phones while they drive, but through a school zone, maybe that should be where we start with that. I see people talking on cell phones. So I'm wondering, what do we do to monitor those? I know the Streets Department certainly is the installer and really don't get involved in the enforcement, but is there any data on how effective they are? Does the Police Department look at those occasionally to see how fast people are going through there? Do you have the ability to monitor, just pick a couple different locations to see what kind of speeds are really occurring there? COMMISSIONER TOLSON: Yes. I think you're making an excellent point, Councilman, and, in fact, I can say that we are partnering with the Police Department and -- you used the word "selective enforcement." I won't say 98 4/16/07 - WHOLE - BILL 070114, ETC. that. However, we do move from school to school every day of the week, and they are monitoring the locations for abuses and reckless driving behavior, whether it's not stopping properly for a school bus if the school bus is in use, making a turn on red when there's a sign up for that, moving recklessly through the zone. It's difficult to do the speed enforcement because most of it you can't travel -- you're not getting to the -- you can't clock the 30 miles an hour in that kind of area. And we do have data for that. I did not bring that with me, but it's something that is regularly monitored and it's an ongoing project.

Councilman Rizzo

Commissioner, as a motorist, you just said something that's important, just as a driver. In my opinion, correct me if I'm wrong, that any intersection that has a school crossing guard should automatically be a "no turn on red" location. I was amazed at a particular 99 4/16/07 - WHOLE - BILL 070114, ETC. location there was a school crossing a person and there was no regulation not to turn right on red. Would my concept work that if there's a school crossing guard, that automatically that should become an intersection that is posted "no turn on red"? Because this person made a right on the red while the school crossing guard was right in the middle of the intersection, and she said a few kind words to the person, but the person really wasn't wrong in making the right on the red. Does it make sense to possibly consider that the Police Department provide all the locations that are controlled by a crossing officer and post those "no turn on red"? COMMISSIONER TOLSON: That is something that we will definitely consider. It's a good idea. We have an ongoing committee that meets on school safety that includes not just the Police 100 4/16/07 - WHOLE - BILL 070114, ETC. Department and Streets but also includes the Parking Authority and the School District, the Archdiocese, and we address various issues. So at our next meeting, which is this week on Thursday, I believe, we will address this point.

Councilman Rizzo

I assume that would kind of be an easy process where the Police Department would just tell you where those locations are, and I'm sure many of them already are posted, but there's a couple that I've noticed that there is personnel there, but the intersection does allow you to make a right on a red. Going back to the school zones, I assume the tool of a traffic engineer, even though it's not for enforcement, is a radar device that they can actually -- they have a radar gun like the Police do to monitor the speed? COMMISSIONER TOLSON: No. We don't have any radar guns.

Councilman Rizzo

You don't? 101 4/16/07 - WHOLE - BILL 070114, ETC. COMMISSIONER TOLSON: No. 3

Councilman Rizzo

How does the Streets Department monitor speed? COMMISSIONER TOLSON: I'm sorry. I apologize. We do have a radar gun.

Councilman Rizzo

I thought that I saw somewhere that speed -- COMMISSIONER TOLSON: We have one.

Councilman Rizzo

I'd be curious if maybe -- and I know you're very busy, but just to confirm what I believe about the speeds in our school zones, that if maybe four or five locations over a few-month period before school is over could be checked to see what kind of speeds are truly -- I'm the kind of person you just don't want to throw it out there. You want to make sure that what you believe is occurring is occurring. But just based on driving, you see the speeds of people. COMMISSIONER TOLSON: I 102 4/16/07 - WHOLE - BILL 070114, ETC. understand.

Councilman Rizzo

And I'm also going to check to see if there is anything in the Motor Vehicle Code that would prohibit a person, without creating a new law, to prohibit a person from using a cell phone as they travel through a school zone. COMMISSIONER TOLSON: Thank you.

Councilman Rizzo

Again, thank you very much, Commissioner. COMMISSIONER TOLSON: Thank you.

Council President Verna

The Chair now recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. Just so the discussion is clear, relative to the issue on liability with the large condo associations as opposed to a fire emergency is that there is refrigeration equipment, there's tight space, there's issues of workmen's comp, 103 4/16/07 - WHOLE - BILL 070114, ETC. issues on private property. It's a complicated thing. It's not as simple as a ladder or engine truck coming to save people's lives. It's kind of a weekly interaction that the insurance companies for the condos themselves have said, We're not going to cover this. So that's the reason why. It's not just being stubborn. It's they have some serious concerns, and I hope they can be worked out. So I just wanted to make sure the record was clear. But just one final thing. Did you thank God yet? COMMISSIONER TOLSON: Yes, indeed.

Councilman Kenney

I thank God. COMMISSIONER TOLSON: Regularly.

Councilman Kenney

You know what I thanked him for this week? That that Nor'easter didn't happen a month, a month and a half ago. 104 4/16/07 - WHOLE - BILL 070114, ETC. COMMISSIONER TOLSON: I was thinking about a half hour ago, actually.

Councilman Kenney

Because could you imagine three feet two months before the election after what we went through in '96? COMMISSIONER TOLSON: No. 9

Councilman Kenney

So thank God. Thanks.

Council President Verna

You're welcome. COMMISSIONER TOLSON: I will thank him when I leave here today as well.

Council President Verna

The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Just one last question, Commissioner. You mention in your testimony about soft rumble strips. How many of those roughly do you have around and what have you found the effect? Have there been any studies to show the effect of them? COMMISSIONER TOLSON: We are 105 4/16/07 - WHOLE - BILL 070114, ETC. using them in a number of locations and we're using other alternatives as well. I don't have my exact number, but I'll get that for you in terms --

Councilman Greenlee

If you could. I'd be interested, because I know a few years ago there was one put on Pennsylvania Avenue around the Philadelphian apartments and now condo, and people thought that they didn't really have as much of an effect. People wanted the best of all worlds. They wanted traffic slowed down, but they didn't want any noise, which I know is kind of hard to do. COMMISSIONER TOLSON: We have something called Slow Down Philadelphia that we're developing, and what we have learned and what we knew but we are expanding is that different approaches are needed for different scenarios, depending upon how wide the street is, what type of vehicle traffic you have on it, trucks and whatnot, whether it's 106 4/16/07 - WHOLE - BILL 070114, ETC. residential or commercial. So we have been trying to test different approaches in an effort to slow the traffic down.

Councilman Greenlee

Because I know that's a complaint we get a lot. Traffic goes too fast everywhere, I guess. I'm just trying to determine how those might work. Okay. Thank you. COMMISSIONER TOLSON: Thank you.

Councilman Greenlee

Thank you, Madam President.

Council President Verna

You're welcome. Councilwoman Blackwell.

Councilwoman Blackwell

Thank you, Madam President. Certainly I want to thank the Streets Department, our Commissioner, Commissioner Tolson, and Deputy Commissioner Williams, who we worry daily. In fact, I said I had to call them today. We got a big pothole at 45th and Chestnut, going down Chestnut Street 107 4/16/07 - WHOLE - BILL 070114, ETC. in the morning, and I've been meaning to call. But when your car almost won't come out, I said, well, I guess I'd better do it now, and with the rain coming. But we also want to thank you for the focus on recycling. Recycling has become a major issue in my district, as you know, and we continue to give out the bins, and Marty, who is in the hallway, goes to a meeting almost every night. And had I known that it would be that issue, Madam President, I would have focused on that a long time ago and maybe I wouldn't have to work so hard in many other areas since this recycling is such a major, major issue. But we do thank you. We do really support that. And I know that numbers have gone up with the degree of recycling we have. Thank you again for the bins and the information and coming out, Commissioner Williams, to our 108 4/16/07 - WHOLE - BILL 070114, ETC. communities whenever they call. It's always a good meeting when you come out to talk about recycling. It makes our job a lot easier. But we do support you in all that happens and look forward to a great year ahead. Thank you, Madam President.

Council President Verna

You're welcome. Councilman Kenney.

Councilman Kenney

One question I forgot to ask relative to recycling. Have you been able to assign an amount of money savings for every percentage of trash diverted? DEPUTY COMMISSIONER WILLIAMS: Yes. Hi. This is Deputy Commissioner Williams again. Yes. We measure it in terms of tonnage, and the tonnage that we don't divert to a landfill is approximately $60 a ton right now.

Councilman Kenney

And how many tons does that represent currently? 109 4/16/07 - WHOLE - BILL 070114, ETC. DEPUTY COMMISSIONER WILLIAMS: Well, last year -- I can give you last year's numbers. We diverted 40,000 tons. It saved us approximately $2.4 million that we didn't have to pay to disposal companies.

Councilman Kenney

Do you have the leeway to rededicate that savings back into expanding recycling within your own department? COMMISSIONER TOLSON: Say it again.

Councilman Kenney

Do you have the ability to assign that savings to expanding recycling? Because it seems to me obviously the more tonnage we divert, the more savings we have, the more monies available for recycling. We can maybe accelerate our recycling program instead of over three years maybe even shorter. Do you have that authority or do you need to go to ask for an appropriation for that? DEPUTY COMMISSIONER WILLIAMS: 110 4/16/07 - WHOLE - BILL 070114, ETC. Our revenues go back to the General Fund.

Councilman Kenney

So you can't capture some of that savings? COMMISSIONER TOLSON: No. 6

Councilman Kenney

All right. Thanks.

Council President Verna

Is Councilman Clarke in the room? (No response.)

Council President Verna

I don't see him. Do we have anyone else that would like to ask any questions or make any comments? (No response.)

Council President Verna

Seeing no one --

Councilman Rizzo

Madam President.

Council President Verna

Yes. Councilman Rizzo.

Councilman Rizzo

A quick question about street lights. I understand -- and if 111 4/16/07 - WHOLE - BILL 070114, ETC. Mr. Doyle could come.

Council President Verna

Mr. Doyle.

Councilman Rizzo

I understand they have these blips back and forth with the number of troubled reports with street lights that PECO Energy handles where you see multiple lights out, and Councilman Greenlee was kind of referring to some of those issues. It went pretty high, I understand, in the last few weeks, month. It was over a hundred and now it's down to 90. Could you, for the record, tell us -- I believe PECO tries their best to respond to our requests, but there are lots of areas still. I mentioned to you earlier -- and I know they're state involved -- Gustine Lake and some of the overhead signage. The lights at the intersections at Kelly Drive and Wissahickon have been out for many, many months. Could you just briefly describe 112 4/16/07 - WHOLE - BILL 070114, ETC. what you believe the response of the people that need to provide you support to get these lights back in service, both the overhead signage -- I know that may be City. I'm not sure whether it's City, whether it's PennDOT, but it still is City of Philadelphia. We had a time before Commissioner Tolson when you'd call the Streets Departments and you wanted a pothole fixed, they gave you the phone number for PennDOT. I hope those days are over. So if we have a sign that's not lighted at night and it is a PennDOT sign, that we take that very seriously and let PennDOT know that it needs to get fixed. Could you just describe where we are right now, the relationship? Are you satisfied with it? Do they need to do more? Where exactly are we and do you consider over a hundred trouble reports significant?

Mr. Doyle

Joseph Doyle, Chief 113 4/16/07 - WHOLE - BILL 070114, ETC. Street Lighting Engineer. Councilman, you've asked kind of a broad range of questions.

Councilman Rizzo

Right, I have.

Mr. Doyle

Our relationship with PennDOT is obviously different than our relationship with PECO, and yet we're depending on both of them when it comes to operating and maintaining lighting that's in the City versus the City's lighting. To kind of tackle one question at a time, as far as PennDOT is concerned, PennDOT, of course, is responsible for maintaining all of the lighting on the interstate highway system and the ramps that approach it. In particular, this does include the twin bridges at City Avenue and Gustine Lake. I know there have been ongoing problems with PennDOT and the lighting there, because you personally have contacted us on this. They are working 114 4/16/07 - WHOLE - BILL 070114, ETC. now, and we actually had a meeting with the PennDOT Supervisor just last Friday to try to clarify some of those issues. So, yes, we hope to have that improve with PennDOT, including sign lighting. There was a question that they brought up about sign lighting. They were confused and thought that some of the lighting on the signs, on PennDOT's own signs, were maintained by the City, and I corrected them on that. No, they're PennDOT responsibility. So I think they're going to have a little stronger initiative in that area to pick that up and improve that. The relationship with PECO, of course, is different. They provide our repairs to underground lighting that actually do belong to the City. It's the City street lights. You're right that the backlog of repairs kind of peaks in the wintertime. It's obviously more difficult for them to work considering 115 4/16/07 - WHOLE - BILL 070114, ETC. the bad weather and ice and snow, and conversely the salt and other chemicals on the road further aggravate the problem. So you have an increase in outages and a decrease in the ability to repair them. However, PECO has picked this up in the last couple of years where they now use more outside contractors. They had traditionally tried to make all the repairs with their own people, but that's improved quite a bit and they now use contractors for that work. So that has helped bring those numbers down from a backlog and outage. And I think that that is the experience that we've seen on heavy corridors, like Henry Avenue, Roosevelt Boulevard in particular. The Boulevard has been very well maintained by PECO in the last couple of years where prior it was less than ideal. So overall, we are trying to kind of keep our -- there's a lot of competing priorities obviously on storm 116 4/16/07 - WHOLE - BILL 070114, ETC. work. PECO diverts their forces off on a Nor'easter, which detracts from their ability to repair street light circuits, so the next week that number will go up and possibly they won't be able to bring that number down as quickly as we would like. So, clearly, there's a balance and a priority system, but we think that our relationship with PECO is really customer oriented. They do want to provide a good service, and I know your help with them has often been helpful to try to get that reprioritized sometimes.

Councilman Rizzo

Thank you, Mr. Doyle. And I want to thank the Commissioner, because lighting is a very important part of the Boulevard safety initiative. I do recall when there were dozens of lights in various areas on the Boulevard, and rarely, to your efforts, do I see a light out. Since we've had this confusion with the lighted signs, I don't think it 117 4/16/07 - WHOLE - BILL 070114, ETC. would be a bad idea since PennDOT didn't know that it was their responsibility and the City wasn't fixing them, the reason it got to my attention was that I have seen those lights out now for many, many months, and you figure, well, next week it will be on, well, next week it will be on, because the street lights were out and I didn't know whether it was a part of the street light outage that created the overhead signs to be out. Do we know where we have illuminated signs in the County of Philadelphia that are PennDOT responsibility to determine whether they're on or off? Because I'm sure PennDOT is not going to go out and look for them.

Mr. Doyle

Well, actually, they showed a lot more interest in this when they realized they were their responsibility and not the City's.

Councilman Rizzo

Who is paying the electric? 118 4/16/07 - WHOLE - BILL 070114, ETC.

Mr. Doyle

Well, they are.

Councilman Rizzo

And that's neat. They pay for the electric and assume the bulk --

Mr. Doyle

Suffice it to say that we're trying to work with PennDOT. They understand their responsibilities. We are going to have a follow-up meeting with them to see how that works. So I will with certainly put that on the agenda, that that's their first responsibility, is to deal with the sign lighting issue and get that up to speed.

Councilman Rizzo

So it's fair to say, so I know what I'm looking at and talking about, that any illuminated sign in the City of Philadelphia is a PennDOT responsibility?

Mr. Doyle

It's not a Streets Department responsibility. I'm presuming they're all PennDOT. I don't have that list in front of me, so to speak, to say about every sign. There could be Port Authority signs that are down near the 119 4/16/07 - WHOLE - BILL 070114, ETC. bridges.

Councilman Rizzo

I got you.

Mr. Doyle

I don't know every sign in Philadelphia that has illumination on it. I only know that none of them are maintained by the Streets Department. So that those other types of signs that may exist are other agencies -- the owner of the sign is normally responsible for lighting the sign. So if it's a Port Authority sign, for example, then it would be the Port Authority would do the lighting.

Councilman Rizzo

So other than Port Authority, the biggest piece of it probably would be PennDOT, because the signs that -- before you get on a limited access, the Expressway, you're coming down City Avenue, there's a big sign. It's illuminated. It's supposed to be anyway. I would assume it's PennDOT?

Councilman Rizzo

And they didn't know that it was their maintenance 120 4/16/07 - WHOLE - BILL 070114, ETC. responsibility? I don't mean to put them on the spot, but I'm just curious. That really is hard for me to believe.

Mr. Doyle

There seemed to be some confusion on that.

Councilman Rizzo

Confusion? You are so polite, confusion. Okay. So if there's a light out on one of the signs that gives direction that's very important at night, it's not the Streets Department, it's some other agency than the Streets Department to get the light back on?

Mr. Doyle

Yes. It would be the owner of the sign.

Councilman Rizzo

Okay. I wonder how we audit that, to go and ask PennDOT to do it. Could that be the way to do that? At least that would take the biggest piece of it. Could you get PennDOT to check every one of the ones that they know that they own that they're lighted at night?

Mr. Doyle

Yes. 121 4/16/07 - WHOLE - BILL 070114, ETC.

Councilman Rizzo

Thank you. Thank you, Madam Chair.

Council President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Good afternoon. COMMISSIONER TOLSON: Good afternoon.

Councilman Clarke

I just have a couple of brief questions. With respect to the recent snow/ice storm, the Department had a treatment that, I guess, included cinders or something in a very aggressive way, and it was pretty effective in minimizing the problems as it relates to the ice, but the aftermath of that is somewhat problematic in a lot of parts of the district. The cinders just won't go away. Even in spite of the recent monsoon that we had over the last hours, they're still there. How can 24 we get rid of these things? COMMISSIONER TOLSON: The 122 4/16/07 - WHOLE - BILL 070114, ETC. Streets Department through Sanitation is systematically going through the City and clearing locations by mechanical broom. We certainly would encourage any locations that you have or problem blocks to let us know and we will take care of them. But additionally, I think that we ask for citizen assistance and help to clear the cinders away as soon as possible. I wouldn't have thought that we needed them this late in the year. However, it was still good to have some of them around given the slush that we saw this morning. But you are right. During the wintertime, they were wonderful because it helps to minimize accidents. It's an anti-skid material. It did a great job for that, but it has certainly passed its usefulness for us -- well, at least hopefully today it has passed its usefulness in terms of its application on the streets. So we are cleaning blocks. If 123 4/16/07 - WHOLE - BILL 070114, ETC. there are locations that people are aware of, they can call in and we will address them more expeditiously, and we ask for our citizen support and assistance, if they can.

Councilman Clarke

With respect to our, I guess maybe three or four times, I know the Streets Department through Philly More Beautiful has a program where they go out and do cleaning in the blocks, encouraging citizen participation, but it appears that the participation has been dwindling over the last several years. Can you give me a sense of what's going on with that and what we can do to encourage more participation? COMMISSIONER TOLSON: Citizen participation through PMBC is critical for us. I think all of us in government appreciate that government can't do it by itself. We need to work with the citizens for whom we are public servants. I have some of the stats for 124 4/16/07 - WHOLE - BILL 070114, ETC. the last couple of years. The numbers are fairly consistent. In 2005, we had 9,600 organized clean-ups. In 2006, we had 9,900 organized clean-ups. Each time we picked up about 2.1 million pounds of litter. And we had 88,000 volunteers in 2005 and 89,000 in 2006. So I think that with a little, a lot has been done. Our block captains list is growing. People are becoming more and more involved.

Councilman Clarke

How do we know that, that the block captains list is growing, since it is quite a secretive list? COMMISSIONER TOLSON: I appreciate that. You have to trust me, Councilman. We have people who are becoming more and more active. It used to be one where I think it was mostly older people, a lot of them women, and we're seeing different people who are becoming part of that next. People are saying they want to take on the challenge 125 4/16/07 - WHOLE - BILL 070114, ETC. and become owners of their block. We try to make it non-political. We say, You're not becoming a ward leader. You're not becoming a district man or woman. You have one block. That's the only block that you have to worry about, the only thing that we want you to tackle. And it's been quite effective. We've also been bringing in children. I think there's nearly 600 junior block captains, children who are under the age of who are either 14 partnering with an adult or who on their 15 own are taking leadership for organizing 16 the children in the block and doing 17 clean-up, fixing, painting, whatever, to 18 help to maintain litter-free blocks. And we can see that PMBC is quite effective in what it does. By and large, I would say you can drive around a neighborhood and see some blocks that are littered and dirty and then you get to one block that looks like a jewel, and that's usually a PMBC block. And a lot 126 4/16/07 - WHOLE - BILL 070114, ETC. of bad things don't happen on PMBC blocks, because people also become involved in Town Watch and Elder Care and the like. As Councilman Kenney was mentioning earlier, they don't let the stuff fly from hands to the street, because the people who are cleaning the street don't want other people to come through and litter and make it dirty.

Councilman Clarke

Right. Out on the campaign trail you hear a lot of complaints about a lot of things and so I'm asking these questions. I'm getting a lot of complaints about the Sanitation trash pick-ups where in some instances there's debris left over from the pick-up and there's no 19 attempt to clean it up. People are saying that sometimes the trash guys, you know, they like to throw the things and they do -- and I want to emphasize that they do a really good job out in the neighborhood. It's a very difficult job. But sometimes they leave a block and 127 4/16/07 - WHOLE - BILL 070114, ETC. there's streams of leftovers in the street. What is the policy on that? I mean, if you missed the truck when you throw the trash bag and it hits the end and bursts open and some of the stuff is on the street, what -- COMMISSIONER TOLSON: There's a couple ways that I would approach that question. One, I agree with you, it is a very tough job. I've collected trash to understand how it works, to understand what my staff goes through. It's difficult and it's a challenge. However, the trucks are required to carry and we supply brooms and shovels. So if a collector chooses to toss a bag and it misses the truck and it breaks and splatters, they have to clean that up. On the same hand, and I would say --

Councilman Clarke

Are they instructed to do that? COMMISSIONER TOLSON: Yes. Absolutely. Absolutely. And a good way 128 4/16/07 - WHOLE - BILL 070114, ETC. for us to address that is if people call to complain about that, we send that same truck back to that location to clean up. And the crews hate to do that. They don't want to have to go back to the same block twice, because it wastes their time and we have expectations about how much work that they're going to do in a day. So it's effective, but we need people to address it. If people are reckless in their behavior, to advise of individual circumstances. The other thing that is a challenge with regard to the materials that are messy after trash day is how people put trash out. Most times pizza boxes, they never make it into a trash bag or a trash can. They're laid on top. And there's other type of irregular-shaped debris or people just have extra stuff that comes out late and they just lay it on top. They don't bag it up. People also are not using cans properly or the proper size bags. The 129 4/16/07 - WHOLE - BILL 070114, ETC. little three-gallon bag that you get from the supermarket, little plastic bag, people use those for trash bags. It's completely inappropriate. They're not meant to hold trash. They leak. They tear. They rip. They're meant to carry your milk from the store to home, not much more than that. And the other way that we get material -- as you say, for that one, the solution is that we have to continue to educate people about the proper containers. Because it actually is against the regulations to put your materials out in a bag of that size. But if you would drive around any section of the City, Center City to the Northeast to the Northwest to the Southwest and South Philadelphia, if you spread out, you're going to see those bags being used, and I think people do it because the bags are free, in a sense. You've already got that bag at home, you might as well put 20 of them in front of your house. But 130 4/16/07 - WHOLE - BILL 070114, ETC. we've had people who put sharp items in those bags. We have people who put bricks and construction debris in plastic bags. It just doesn't work and it's not meant to happen. The other way that the trash gets on the street is that pedestrians often times will see trash out and walking past will just lay their materials on top and not try to put it in a container or otherwise, and that's a problem, as well as people ripping into trash, looking for things and people who are from other counties or New Jersey who leave trash, because they know in Philadelphia we'll pick it up. So any place that you come into the City, whether it be Broad Street or Henry Avenue or Belmont, where people come into the City, they find a place to leave their materials behind.

Councilman Clarke

Right. One last question. The disposal of computers -- this is actually one of 131 4/16/07 - WHOLE - BILL 070114, ETC. those questions that came up. Councilman Greenlee and I happened to be at a function the other night and we were talking about recycling and then the gentleman wanted to know was there a recycling program for computers. I didn't know and we kind of, frankly speaking, said that's something that never came up. COMMISSIONER TOLSON: We are developing that. That's called eCycling in the industry. I'm going to let the Deputy speak more to that issue. But it's something that is being developed more and more around the country, because we don't want to dispose of those items in the trash. But it is called eCycling and he can address it further, if you'd like. DEPUTY COMMISSIONER WILLIAMS: Councilman, each year we have six locations where they can drop off hazardous material that a household has on his waste days, and one of the things 132 4/16/07 - WHOLE - BILL 070114, ETC. that we have as a component of that is where you can drop off your old computer equipment at those locations at our area yards.

Councilman Clarke

Are they recycled? DEPUTY COMMISSIONER WILLIAMS: Yes. Yes.

Councilman Clarke

All right. Now, if we could just remember the gentleman's name that asked us that question, I'd like to get -- because he was quite interested in that. COMMISSIONER TOLSON: We can get some material to your offices that you can share with your constituents with regard to when these events are scheduled. They're very, very popular. I think that people like that idea. And it helps us. Every time we have somebody bring in a gallon of motor oil or quart of motor oil, that's something if it were put in the trash, it could contaminate ground and groundwater very easily, and 133 4/16/07 - WHOLE - BILL 070114, ETC. it can contaminate a lot of it. It spreads quickly, spreads easily.

Councilman Rizzo

Point of information.

Council President Verna

The Chair recognizes Councilman Rizzo for a point of information.

Councilman Rizzo

Commissioner, did you say there's only six days? DEPUTY COMMISSIONER WILLIAMS: Six days throughout the year where we invite the public in to bring all of their material.

Councilman Rizzo

Why would we discourage someone from disposing of something properly? I know that was one of the concerns, where people wanted to go to a location and dump something and they were told, Well, no, we can't accept it. Then they go three blocks away and short dump. Why can't we make it easy for people to do it the right way? 134 4/16/07 - WHOLE - BILL 070114, ETC. COMMISSIONER TOLSON: Can we clarify that? Those drop-off days are what we call our household hazardous waste days, and for that, we bring in a vendor. I think it's Clean Ventures. And some of this material is quite dangerous. We've had people bring in acids. Something like oil-based paint seems simple enough for any of us to handle, but you never know what you're going to get. So we get other cleaning products, unlabeled chemicals. So all of that is taken by a certified vendor, who has to test it and then process it. And those materials, we don't want the chemicals at a facility, because you don't know what you're going to get. There's all kinds of stuff that people have in their homes.

Councilman Rizzo

Okay. Let's -- COMMISSIONER TOLSON: But if it were something that's more direct and simple -- 135 4/16/07 - WHOLE - BILL 070114, ETC.

Councilman Rizzo

A computer. COMMISSIONER TOLSON: -- then you can bring that to any of our drop-off points.

Councilman Rizzo

Any time? COMMISSIONER TOLSON: Where we have a citizen drop-off. We have those around the City.

Councilman Rizzo

So there's no restriction? Because I got confused. I thought you were restricting the drop-off of a computer to six days. So you're not doing that? COMMISSIONER TOLSON: No. 16 Computers can be taken at any time. However, to get some of our chemicals, we're challenged with that.

Councilman Rizzo

I'm not talking about that. COMMISSIONER TOLSON: But we promote eCycling in our household hazardous waste. And also, we don't promote cans and bottles for those days.

Councilman Rizzo

136 4/16/07 - WHOLE - BILL 070114, ETC. Commissioner, another thing just to end this. One of the things that really is a mess -- I don't know, and I checked on it before. Sometimes the garbage or the debris that's left in the compactors, when they compress the truck, all this fluid comes out of them, and they go from one stop to the other leaving a trail. It stays forever, it seems, whatever this contaminant is. And I assume the point that you're making right now, if somebody puts motor oil in there, if it opens, it get into the truck. But they tell me that there's -- Fleet Management said that there's some seals that are very significant in those trucks so that trail of garbage or contaminated liquid doesn't coat all over the City streets. I mean, you can actually see the trail of the truck, where it goes from one side of the street to the other discharging whatever this fluid is. COMMISSIONER TOLSON: Yeah. We have -- 137 4/16/07 - WHOLE - BILL 070114, ETC.

Councilman Rizzo

How does it get in there? Is it rainwater that gets mixed with the -- how does all this, whatever it is, get into these trucks? COMMISSIONER TOLSON: It could be rainwater or it could be things that people put in the trash. Councilman, I would hate to tell you what people put in a bottle and then put in the trash bag.

Councilman Rizzo

Right. COMMISSIONER TOLSON: I mean, I think that people assume that because you can't see it, it won't hurt you. Unfortunately, we've had people who have been killed on the job collecting trash, which is a horror. I mean, it's not right. We've had people who have been sickened. That happens fairly regularly, because people put something in the trash. And, I mean, we've seen people who gingerly carried something out to the curb, put it on the curb and then walked away from it. So it was dangerous enough for them to carry it out gingerly from 138 4/16/07 - WHOLE - BILL 070114, ETC. their house or their home. However, they left it out for pedestrians, children and for the trash collector to pick up. We have people who are regularly pricked by intravenous needles. You don't know where it's come from. And then there's always the feces, and you never know whether it's animal or human.

Councilman Rizzo

It's tough, no question. COMMISSIONER TOLSON: And we've had that be in the back of the truck and having that pop and splatter in your face or whatnot.

Councilman Rizzo

But I was told whatever these seals are in those trucks, they're designed to contain that material, and sometimes these seals deteriorate or break. Maybe Commissioner Carlton Williams knows what I'm talking about. COMMISSIONER TOLSON: I understand what you're talking about. The challenge, the seals that -- we 139 4/16/07 - WHOLE - BILL 070114, ETC. replace seals. Sometimes we have challenges with just other cracks or whatever. So we've had to do additional welding. So whenever we come across a truck that begins to leak for whatever reason --

Councilman Rizzo

I'm sorry. It's not my turn.

Council President Verna

Councilman Rizzo, that was a point of information.

Councilman Rizzo

I forgot.

Councilman Clarke

Master of the point of information, my good friend. A couple of quick follow-ups. One, at an earlier hearing -- I think it was actually last year -- I was telling you about a section of my district actually in kind of Fishtown, lower Kensington where there were a lot of industrial buildings, and I was telling you about the operators of those facilities not cleaning their sidewalks. I have seen no degree that that has been 140 4/16/07 - WHOLE - BILL 070114, ETC. enforced or addressed, because the same buildings continue to have the same debris on the sidewalks, and you indicated at the last hearing that you were going to have your, I guess, sweeps officers -- COMMISSIONER TOLSON: Yes.

Councilman Clarke

-- go out and aggressively enforce that, and nothing is happening. I got hit with that again at a community meeting the other night. COMMISSIONER TOLSON: Councilman, after the meeting, after today's session, can we make contact with you again to refresh us about the locations?

Councilman Clarke

Yes, please. One last thing -- and I don't know if there's anything we can do about this. In a lot of parts of the City, not only in my district, you have these little corner stores and they have these 141 4/16/07 - WHOLE - BILL 070114, ETC. little -- everybody gets plastic bags now, no longer the paper bags, and the people come out of the store with the plastic bags, take whatever it is out of the plastic bag and disposes of the plastic bag, unfortunately, on the street. And these little plastic bags, they blow down the street and they end up resting against a fence or a property or something. And you can pretty much tell when you're walking down the street that there's one of these little corner stores in proximity to your location because of the level of that type of debris, candy wrappers, things of that nature. And I understand that it's really the responsibility of the person who purchases the goods from them not to be pigs, for lack of a better term, but the reality is that it is. Is there any way that we can shift some of the focus to the store owners to be responsible for the perimeter? Although it may not be on 142 4/16/07 - WHOLE - BILL 070114, ETC. their property, but it's clear that that debris is coming as a result of their store or for people purchasing service out of their store. Is there any way? Because this is really a problem. COMMISSIONER TOLSON: If you could share your information about locations where that's a problem, we can help address it. Any store that sells foods for takeout is required by law to have a trash can, I think it's, six to eight feet from their door.

Councilman Clarke

Really? COMMISSIONER TOLSON: For that very purpose. People walk out, they can throw it.

Councilman Clarke

Really? COMMISSIONER TOLSON: Yes. Any store that sells food for takeout.

Councilman Clarke

I can't think of a single commercial corridor in my district where there -- and I know there may be some, but all of those 143 4/16/07 - WHOLE - BILL 070114, ETC. takeout stores, I don't know anywhere where they have that much. So they're required by law? COMMISSIONER TOLSON: Yes.

Councilman Clarke

So if I just give you the commercial corridors starting with those, you'll be able to go out and aggressively enforce it? COMMISSIONER TOLSON: Absolutely. Yes.

Councilman Clarke

All right. You'll have them. Okay. Thank you. COMMISSIONER TOLSON: Thank you.

Councilman Clarke

Thank you, Madam President.

Council President Verna

You're welcome. Are there any other questions from members of the Committee? (No response.)

Council President Verna

Thank you very much. COMMISSIONER TOLSON: Thank 144 4/16/07 - WHOLE - BILL 070114, ETC. you.

Council President Verna

This Committee will stand in recess until tomorrow, Tuesday, April 17th at 10:00 a.m. Thank you all very much. (Committee of the Whole adjourned at 12:55 p.m.) - - - 145 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on April 16, 2007, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-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.)