COUNCIL OF THE CITY OF PHILADELPHIA1 PUBLIC HEALTH and HUMAN SERVICES COMMITTEE - - - Room 400, City Hall3 Philadelphia, Pennsylvania Monday, June 13, 2011, 10:30 a.m.4 - - - BILL 100011 - Amending Chapter 6-800 of The6 Philadelphia Code, entitled "Lead Paint Disclosure," to require a certification that a7 property is lead free or lead safe before it may be rented to a tenant; amending Chapter8 PM-102.0, entitled "Licensing," to require landlord certification of compliance with9 certain provisions of Chapter 6-800 as a condition of receipt of a housing inspection10 license; and making technical changes; all under certain terms and conditions.11 BILL 100346 - Amending Chapter 10-100 of the12 Philadelphia Code, entitled "Animals," to establish provisions for the reporting of wild13 raccoons, and to provide for the manner of their abatement, all under certain terms and14 conditions. COMMITTEE MEMBERS PRESENT:16 Marian B. Tasco, Chair17 Blondell Reynolds Brown W. Wilson Goode, Jr.18 James F. Kenney Maria D. Quiñones-Sanchez19 - - -20 2 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461
Good2 morning. We'd like to call the Committee3 on Public Health and Human Services to4 order, and we note that we do have a5 quorum in the presence of Councilwoman6 Blondell Reynolds-Brown, Councilman7 Wilson Goode, Councilman James Kenney,8 and myself, Councilwoman Tasco.9 We'd like the clerk to read the10 bills that are scheduled to be heard this11 morning.12
Bill No. 110346, an13 ordinance amending Chapter 10-100 of the14 Philadelphia Code, entitled "Animals to15 establish provision for the reporting of16 wild raccoons and to provide for the17 manner of their abatement, all under18 certain terms and conditions.19 Bill No. 100011, an ordinance20 amending Chapter 6-800 of the21 Philadelphia Code, entitled "Lead Paint22 Disclosure," to require certification23 that a property is lead-free or lead-safe24 before it may be rented to a tenant;25 3 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 amending Chapter PM-102.0, entitled2 "Licensing," to require landlord3 certification of compliance with certain4 provisions of Chapter 6-800 as a5 condition of the receipt of a housing6 inspection license and making technical,7 all under certain terms and conditions.8
Thank you9 very much.10 We'll hear Bill No. 110346.11 Would the witness please approach the12 table, or witnesses: Brian Abernathy;13 Richard Schubert or someone else that are14 coming later; and Tara Schernecke?15 (Witnesses come forward)16
Thank you,17 Councilman Tasco. My name is Brian18 Abernathy, and I am Chief of Staff of the19 Managing Director. I'm here to testify20 on Bill No. 2 Raccoons are increasingly3 common in Philadelphia and other large4 cities and can be seen in neighborhoods5 across the City. 8 They can find openings in roofs and9 abandoned structures, destroy gardens,10 and raid garbage. 6 Additionally, under CDC guidelines, any7 trapped raccoon would be euthanized by8 Animal Control. 11 HEALTH/HUMAN SVCS - BILL 1003461 that outlines these policies for you and2 your constituents. 13
Thank you.14 Are there any questions?15 Councilman Kenney.16
I just want17 to know if you have the recommended noise18 we should make if ones are in our yard?19 Anything in particular or just --20 (Laughter.)21 I just can't imagine you22 outside your back and making -- anyway, a23 serious question, though.24 Raccoons are nocturnal,25 9 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 correct?2
So if you7 see one in the daytime, it's8 generally that it's -- you know, what's9 doing out in the daytime?10 I've always been told that if11 you see an animal that's nocturnal in the12 daytime, odds are that it's either sick13 or rabid. Is that --14
No. Raccoons are15 common enough that you can see raccoons16 out in the daytime.17
Would you20 identify yourself for the record, please,21 so --22
My name is Susan23 Cosby. I'm the CEO of the Pennsylvania24 SPCA.25 10 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461
My name is Susan4 Cosby. I'm the CEO of the Pennsylvania5 SPCA.6
They're -- I9 believe they're diurnal, which means that10 they're most active in the morning and11 the evening hours, so you can see them in12 the morning and in the evening, but they13 also will go out during the day to find14 food, especially for their young.15
What does16 the Game Commission do, the Pennsylvania17 Game Commission do? Do they just leave18 them alone entirely, or if it's in a19 rural area, what happens generally, if20 they're creating a nuisance on a farm or21 in an area that's not as tightly22 congested as an urban area?23
Most raccoons are24 abated by private pest-control companies,25 11 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 just like you would hire private pest2 control to take care of animals in your3 house if you had a problem.4
It depends on the7 pest-control company, and they have to be8 licensed by the Game Commission in order9 to handle wildlife.10
But do they11 extinguish them, or do they trap them and12 take them somewhere else?13
Usually it involves14 trapping them and killing them, and then15 they work with the homeowner or the16 property owner to resolve the problem17 that caused the raccoons to come there to18 begin with. So that can include19 construction, doing work to repair20 openings in homes and building.21
If an22 individual resident in Philadelphia has a23 raccoon issue and calls a pest-control24 company, what would generally happen?25 12 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461
Usually they would2 come out and try to make sure that there3 are no raccoons in the home and then work4 with that homeowner to address the issues5 that drew the raccoons there to begin6 with. If it's openings in property, they7 help them to seal them, using metal --8 usually using metal mesh and things that9 the raccoons can't chew into an get into.10
That's when the13 pest control comes in. They'll usually14 come in. They will trap the raccoons if15 they're in there, or they'll wait till16 they leave, an then they'll seal the17 property to keep them come from coming18 back.19
Okay. But20 they're under no constraints relative to21 what -- how they dispose of the animal.22
They have to23 euthanize the animals, per CDC24 recommendations, because they don't --25 13 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 raccoons have been an issue particularly2 on the Pennsylvania-Ohio border, where3 they're trying to keep rabies in check.4 And so, just for controlling potential5 rabies factor, raccoons are not -- it's6 not recommended that you release them in7 a different location.8
What is9 the -- do we have any data on how many10 raccoons in Philadelphia have turned out11 to be rabid?12
I mean, are14 they generally a carrier of rabies more15 so than any other species, or just the16 same amount?17
They are high on18 the list. I think that bats are higher;19 we see a lot of bats in the City as well.20
And there's21 only been one human death related to a22 raccoon strain of rabies recorded in the23 United States, let alone Pennsylvania.24
But we have25 14 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 no idea of the ones that are captured,2 what percentage or those are rabid or3 not.4
Disease Control5 does not allow us to test every raccoon.6 So specific there's requirements just for7 resources' sake, because the testing is8 expensive, that we only test in the case9 that there was an actual human exposure.10
Thank you.13 Any other questions?14 The Chair recognizes15 Councilwoman Brown.16
Good17 morning. Please tell us what the costs18 may be for the homeowner or your agency19 to come out and fix the problem.20
Our agency21 currently doesn't do that. We are not22 able to provide the type of home repair23 on private property; that's not our role.24 I think that different agencies25 15 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 estimate -- differ in what they charge2 and, also, depending on the scope of the3 problem, so it would be difficult for me4 to give an idea of what a private5 contractor would do.6 I think it would probably7 depend on the state of the property.8
Mm-hmm.9 So, then, there's no cost to come out and10 simply remove a raccoon?11
We don't come out12 and remove a raccoon unless there is an13 issue where it's actually threatening or14 causing a problem or if it appears to be15 very sick. And then, there is no charge16 'that's part of what we provide, as the17 City, for public health protection.18
Thank you.21 The next witness who's going to22 speak?23
Good morning.24 Thank you, Councilwoman Tasco and members25 16 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 of the committee. My name is Tara2 Schernecke, and I am the Director of3 Philadelphia's Animal Care and Control4 Team, a division of the Pennsylvania5 SPCA, and I am here to testify on Bill6 No. 110346.7 There are a number of reasons8 Bill No. 110346 will put an untenable9 strain on our ability to perform animal10 control for the City of Philadelphia.11 Here are the realities that we are facing12 now:13 The majority of raccoon14 complaints that come into our agency are15 for healthy raccoons. The trapping of16 these animals will result in their death17 because there is no other option for18 them.19 We receive continuous20 complaints from problem areas. These21 complaints are most often coming from22 neighborhoods with vacant properties.23 The removal of these raccoons24 will only result in new raccoons moving25 17 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 in. Until the property is sealed or2 demolished properly, the problem will3 continue. This result in repeat visits4 by our already-overburdened Animal5 Control officers.6 Trapping raccoons in nonsecure7 areas could result in the theft of our8 traps and possible harm to the raccoons9 trapped with no one observing them,10 harassed by children or by other animals.11 Traps have frequently been stolen in the12 past, an just one trap alone costs about13 $75.14 Many properties where raccoons15 seek shelter are unstable. It is16 extremely dangerous for Animal Control17 officers to attempt to locate and then18 trap raccoons in these unsafe conditions.19 Again, if abandoned or neglected20 properties were addressed, the raccoons21 would not be an issue.22 In the case of raccoons living23 in non-abandoned properties, such as24 private homes, they live in areas that25 18 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 are not easily accessible. They live and2 nest in roofs, walls, attics, an other3 hard-to-reach places.4 Professional wildlife pest-5 control services, companies who perform6 this work for a fee, are trained to7 remove the animal and repair the opening8 in private homes, stopping new raccoons9 from coming in.10 We are not trained at doing11 home repairs, nor is that our role.12 Likewise, our officers risk damaging13 private property or sustaining injury14 while attempting to remove raccoons from15 challenging spaces, raising liability and16 responsibility issues.17 The final point I would like to18 emphasize is that your resources are19 beyond strained with our current requests20 for service. We simply do not have21 anywhere near enough Animal Control22 officers or humane traps or hours in the23 day to respond to all of the healthy24 raccoon calls we receive.25 19 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 Even if we increased staff and2 equipment, out of all of the work we are3 already required to perform by contract,4 the majority of our Animal Control5 officers' time would be spent responding6 to raccoon complaints and monitoring7 traps.8 This would gravely impact, if9 not bring to a halt, our response time10 and ability to respond to all our other11 requests for service, including12 legitimate emergencies, police calls for13 assistance, injured animals, et cetera.14 I sincerely hope that City15 Council will consider the challenges we16 currently face, the added burden17 presented with Bill No. 110346, and the18 information presented by Mr. Abernathy to19 this committee on preventing raccoons20 from becoming a problem.21 Thank you for the opportunity.22
Have you23 tracked the calls you receive to24 determine which part of the City you25 20 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 receive the most calls about raccoons?2
Would you14 let us know that? That would be helpful.15 Because what I hear you saying16 is that we don't have the ability to trap17 the raccoons, and you don't want to18 really do it 'cause you kill them. But19 at the same time, you say go to the20 private pest-control person, company; and21 they, at the end of the day, will have to22 kill 'em.23 So I'd like to know just 'cause24 we do have a problem, and we have to25 21 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 figure out where that problem is the2 greatest and how we can mediate that,3 'cause you're going to continue to get4 the calls.5 So people are very frustrated6 because they don't know what to do about7 that. And then, some of the homeowners8 don't have the finances to hire a9 pest-control company to do that.10 So the problem's not going to11 go away. And I don't know if we're going12 to resolve it today, but I'd like to have13 that information.14 Thank you.15
Absolutely,16 Councilwoman.17 And generally speaking,18 raccoons are found around parkland and19 open spaces.20 One of the things I think we21 would encourage constituents is to help22 by abating the problem that brings the23 raccoon to the property: Making sure24 your property is clean, trash is25 22 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 well-contained and maintained.2 And Councilwoman Brown, you've3 asked for specific information to hand4 out to constituents. I did bring some5 today. And, as I said in my testimony,6 we're updating that this summer, but this7 should help provide some information that8 you can distribute to your constituents.9 We understand that folks are10 frustrated, and we want an easy answer.11 But, again, there's no major city in the12 country that traps or abates raccoons.13
There's no16 major city in the country that abates17 raccoons.18 And our position is that even19 if this bill would pass, we would simply20 codify our current practice.21
Thank you.24 Also, in addition to the areas25 23 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 you're getting the calls, do you know how2 many calls we get a year for raccoons?3
In 2010, the4 calls that we received and responded5 to -- because many of them are referred6 to other agencies -- were approximately7 700.8
Would it12 make any sense to investigate the13 possibility of a one- or two-day or14 three-day citywide raccoon no-kill,15 capture operation that we could try to16 attack the problem in one big effort17 perhaps with some -- I don't know if18 there's grant money available from19 organizations that are against the20 killing or euthanizing of any animals in21 these situations. Perhaps they would22 step up and provide a grant or some23 resources for, again, a weekend-long24 roundup, so to speak, of raccoons.25 24 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 And we'd have all of the2 locations of where the problems are.3 These folks would be coming out to try to4 snag them but take them somewhere else5 and release or, you know, do whatever is6 humane.7 I just think that sometimes we8 throw up our hands because -- and, again,9 I'm not criticizing the Animal Control10 agency 'cause I know we have a situation11 today, or that came to light today, with12 a woman in South Philly with a horrendous13 cat problem. I tried to limit the number14 of cats you could have in a house once,15 and that didn't go very well.16 (Laughter.)17 So I gave up on that. As a18 matter of fact, I called Chicago to ask19 for a copy of any experience that they've20 had there, and the Alderman's assistant21 said, "Oh, you're not even going to go22 there, are you?" And I should have23 listened to him.24 But I'm saying like a weekend25 25 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 type -- would you look at those kind --2 I'm sure there's organizations that have3 the money, if they're motivated by n-4 kill policies, that we could maybe get a5 big dent in the problem.6
Sure. It's an7 issue that we'd actually have to explore8 with the CDC, the Centers for Disease9 Control and with the Pennsylvania Game10 Commission. The Pennsylvania Game11 Commission, as a general rule, if the12 raccoon is captured, also encourages the13 euthanasia of that raccoon.14 So I'm happy to have those15 conversations and --16
And,17 obviously, they're wild animals but, I18 mean, living amongst people. We're not19 talking about domesticated dogs or cats.20 We're talking about an animal that's wild21 and cannot be accommodated as a pet22 unless -- you know, I wouldn't think so.23
And I agree,24 Councilman. And I think one of the25 26 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 concerns -- there's lots of wild animals2 in the City of Philadelphia that live3 among us; there's deer, there's fox,4 raccoons, and smaller --5
And snakes.8 And, you know, most9 municipalities and, I think, the10 encouragement of the Game Commission is11 that we live with those wildlife and we12 learn to make our properties less13 attractive.14
But in15 areas of the City -- and I'm preaching to16 the choir --17
-- where19 there's a large amount of abandonment,20 you're not going to get that --21
-- unless23 the houses are razed and there's new24 development there or something like that.25 27 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 And these poor folks are living2 amongst these ruined houses to begin with3 and trying to do their best and are4 having to put up with, you know, wild5 animals next door to them or on the roof.6
But I'm9 just wondering if you could10 investigate -- I mean, is the issue that11 can't -- that you don't have the12 resources, or you don't want them13 euthanized?14
Both, as well15 as the Game Commission thinks we're16 preempted from acting --17
They euthanize20 in very specific conditions: if the21 raccoon is a threat to property or is a22 threat to public safety.23
Well, I24 don't know. I don't want to euthanize25 28 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 anything either. But, I mean, I think if2 there's a wild animal in your house and3 you're an older -- you're a senior4 citizen, and you don't have the5 wherewithal, you're in somewhat danger6 'cause you could be bit or something.7 I mean, I just think we've got8 to -- I don't think we can throw up our9 hands at the problem and just say, "We10 don't have the resources. So live with11 it."12
Yes. Thank you.17 Thank you, members of the18 committee. My name is Susan Cosby. I'm19 the CEO of the Pennsylvania SPCA,20 testifying on Bill No. 110346.21 The Pennsylvania SPCA is the22 largest animal-protection organization of23 the Commonwealth of Pennsylvania, and our24 headquarters is located on Erie Avenue,25 29 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 in North Philadelphia.2 I have personally been involved3 with animal control in Philadelphia since4 2005, when following articles in the5 Daily News by Stu Bykovsky and City6 Council hearings calling Animal Control7 "a House of Horrors." I was hired as a8 part of a team brought in to make changes9 and improve service.10 I worked as the Chief Operating11 Officer of Philadelphia Animal Care12 Control Association from the spring of13 2005 until early fall 2007. I returned14 to Philadelphia, joining the Pennsylvania15 SPCA, after this organization assumed the16 animal control contract in 2009.17 In 2004 and 2005, a distinct18 and vocal demand from the public was that19 animal control services be performed in a20 humane and ethical manner.21 The citizens of Philadelphia22 and the region were horrified at the23 senseless killing taking place at the24 shelter and the sheer disregard for life25 30 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 in the actions of its employees. The2 sheltering system at the time was3 disparaged as a catch-and-kill facility4 simply holding and disposing of animals,5 a facility without a heart and without a6 soul.7 Since that time, I and others8 have worked diligently to change that9 reputation through compassionate action10 and regain the trust of the public that11 both Animal Control staff and this city12 value animals. We dramatically improved13 life-saving rates from an estimated 8914 percent kill rate to less that 40 percent15 of the animals entering the shelter being16 killed.17 Unfortunately, Bill No. 11034618 will result in the return to unethical19 and inhumane treatment of animals, as it20 would require the catching and subsequent21 killing of perfectly healthy wildlife,22 natural residents of the City an region23 for no other reason than they exist and24 someone placed a call.25 31 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 The staff persons performing2 animal control work in Philadelphia are3 not exterminators; they are compassionate4 animal lovers who work very hard to5 protect and assist both the citizens and6 animals of this city.7 In addition to the lack of8 resources to perform the work properly,9 as dictated by the Pennsylvania Game10 Commission, who oversees the handling of11 wildlife in Pennsylvania, those who would12 be tasked with this burden would be13 heartbroken by this senseless loss of14 life.15 Whether it's animals dying in16 the City shelters, carriage horses17 working in hot weather, or squirrels in18 City's parks, the public's concerns for19 animals is real.20 While we recognize raccoons can21 be a nuisance, proper maintenance of22 neglected and abandoned properties,23 together with professional abatement24 services pm private property, is an25 32 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 appropriate response to this issue when2 it becomes a problem.3 Thank you for the opportunity4 to speak.5
Good11 morning.12 I first agree with Councilman13 Jim Kenney. While we don't want to throw14 up our hands, we really do have to figure15 out how we protect poor elderly from16 animals of any type; in this case,17 raccoons.18 And to hear that other19 municipalities may not be doing this for20 me raises a question: And so, what are21 the best practices of other22 municipalities, and how do they deal with23 this particular issue? Might you have24 any insight on that?25 33 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461
We have done2 some research on what other3 municipalities do. And, again, none of4 them trap or capture raccoons by the5 city's expense. And generally speaking,6 they all provide -- none of them provide7 specific services for raccoons.8 Philadelphia is in a more urban9 area than some of the comparable cities;10 St. Louis, for example, is surrounded by11 more rural communities, and "rural" being12 used loosely, because they're still13 somewhat urban.14 But New York City, Chicago, Los15 Angeles, none of them actually provide16 services to trap or kill any kind of17 wildlife, let alone raccoons.18
And, again,20 while the general posture from the animal21 control community and from the Game22 Commission is that these are wildlife.23 We've cohabitated with wildlife for24 hundreds of years, and we should be able25 34 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 to figure out a way to cohabitate.2 And I understand exactly where3 Councilman Kenney is coming from and your4 concern, Councilwoman Brown, and we're5 happy to explore those options as well.6
Okay. To7 Councilwoman Tasco's question regarding8 tracking the information, what was the9 answer to that question?10
Okay.13 'Cause tracking becomes informative in14 that you can then target and saturate15 that community with information,16 education, information, education. And17 so, having that, I would think, informs18 how frequently you educate and inform.19 I mean, educational20 psychologists say we need to hear21 something seven times before we get it.22 So tracking of the information becomes23 exceedingly important.24 Okay. That covers all of my25 35 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 questions.2 So then, what are your next3 steps then?4
We'll certainly5 provide the data, the information that6 you all had requested.7 We all may explore an8 educational program, just to your9 recommendation. Throughout the summer,10 we're also preparing several new11 educational materials not just regarding12 raccoons, but also requiring possums, dog13 licensing, feral cats, as well as a host14 of other animal-specific issues that we15 do have some pro bono marketing help to16 help develop and distribute.17 Certainly, using the18 information that you've requested that19 we've already gathered through 3-1-1,20 we'll be able to distribute that21 appropriately --22
-- and make24 sure the folks have -- we can at least25 36 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 better educate the public.2
Okay.3 Now, help me remember. You two ladies4 represent the same agency? I missed that5 in the opening.6
Yes, we both work7 for the Pennsylvania SPCA. I'm the CEO8 of the entire organization, and Tara is9 the Director of Operations of the Animal10 Control Unit that's contracted by the11 City.12
Mm-hmm,13 okay. And is there a role for L&I? Does14 L&I have a role? I'm asking; I don't15 know.16
L&I's role in17 this situation would not be about the18 animal but about the condition and the19 property that attracted the animal to20 live there.21
Okay. So22 is there any talking across systems with23 L&I? This gets back to Councilwoman24 Tasco's question about tracking. To the25 37 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 extent that you have certain communities2 targeted, that information can be shared3 with L&I, and it can be about the4 business of sealing up those properties5 to further, you know, remediate the6 problem.7 Any talking across systems8 there?9
There hasn't10 been specific coordination, but we can11 begin that.12
Okay. All13 right, then. Thank you.14 Thank you, Madam Chair.15
The other16 suggestion I have is that you have the17 Philadelphia More Beautiful Committee.18 They spend a lot of time out in the19 community with community organizations20 and at various information sessions.21 It would be helpful if you22 would let them -- give them information23 so that could be -- particularly in those24 areas, when you track the number of where25 38 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 the complaints are coming from to be2 citywide, but certainly those areas where3 you get the most complaints, there ought4 to be a concerted effort to educate those5 people at that time.6
Yes, ma'am.7 That's a great idea. Thank you, Madam8 Chair.9
Thank you.10 Anyone else have any questions?11 Councilman Goode.12
Just very13 briefly clarify.14 Mr. Abernathy, I want you to15 clarify the Administration's position.16 If the bill were approved, the word17 "abatement" would not necessarily mean18 "euthanize"; is that true your testimony?19
I read the --20 yes. And I read the bill as that we're21 required to create regulations. We would22 be willing to create those regulations.23 However, those regulations24 would likely codify the current practice,25 39 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 along with possibly some other2 educational material, but we will not --3 the Administration is not comfortable4 with the idea of a capture -- a kill-and-5 capture policy.6
And the word7 "abatement" is not defined within the8 section the code?9
Understood.10 Our reading is that the CDC and the Game11 Commission requires us -- if a raccoon is12 captured, that that raccoon is13 euthanized.14
I'm just15 referring to the language in the code16 here. The word "abatement" is not17 defined.18
I actually23 have another question.24 COUNCILWOMAN TASCO:25 40 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 Councilwoman Brown.2
I've been3 alerted by a staff member that -- and4 this may be pre your time -- that there5 was a problem ten years ago.6 And so, did the City -- or what7 was the City's response ten years ago?8 Was a program put in place to attempt to9 reduce or remediate the problem? Might10 you know?11
From my12 understanding, several years ago --13 and -- I don't know the time period --14 that traps were provided. Those traps15 would then either capture a raccoon or16 another animal, and Animal Control would17 be called to take those traps away.18 We ceased that program several19 years ago.20
-- several24 years?25 41 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461
The traps were5 being stolen on a regular basis, and we6 were also getting reports of traps being7 left out, where the animals had suffered8 and died in the traps because they9 weren't being monitored properly.10 So the Game Commission actually11 really held us to task for that12 particular program.13
Mm-hmm.14 So if Option A didn't work, what was15 Option B, C, D, or F?16
And, again,17 this was before, I thank, any of our time18 specifically. The current -- so I don't19 know what the plan of action was at the20 time that that program was ceased.21 I do know that thinking has22 progressed significantly in the City23 around animal care and control. And at24 this point, the City doesn't feel that25 42 6.13.11 HEALTH/HUMAN SVCS - BILL 1003461 capturing raccoons is in the best2 interest of the City or of the animal3 itself.4
Thank you,9 Councilwoman.10 I just also want to point out11 that I do have amendments, the letter12 from the Game Commission, and the13 educational material that I promised as14 well.15
All right.18 Thank you.19 Is there anyone else here to20 testify on this bill?21 (No response.)22
Thank you23 very much.24 We will now hear testimony on25 43 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 Bill No. 100011.2 We will now have Nan Feyler,3 Chief of Staff, Health Department.4 (Witnesses come forward.)5
Good7 morning.8 Before you begin, let me just9 interrupt you for a moment.10 Councilwoman Blondell Reynolds-11 Brown has opening comments. She is the12 sponsor of this legislation.13
Good14 morning, good morning.15 And the record should reflect16 that Madam Chairwoman Marian Tasco worked17 on this matter about ten years ago, so18 that should not go unrecognized.19 Today I'd like to state that in20 2009, there were about 2500 new reported21 cases of children being poisoned by lead.22 And what we now medically is that when23 children come in contact, it leads to24 permanent irreversible damage.25 44 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 We should acknowledge that our2 city has made enormous progress, and we3 would be remiss not to recognize and4 recognize landlords who, on their own,5 have dealt with this issue in a very,6 very responsible way by investing7 thousands of dollars. In so doing, we8 still have a problem.9 Currently, the City code allows10 us to reveal disclosure that there's11 lead. We believe it's now time to take12 further additional action to require13 certification that rental properties are14 lead-safe.15 And so, with the support and16 participation of the Childhood Lead17 Poisoning Task Force that has been18 meeting for the past two years,19 (indiscernible) stakeholders like PCCY,20 representatives from the Tenant Union21 Representative Network, a representative22 from Lead-Safe Washington, where they23 already have a similar practice in place,24 and the Health Department and Community25 45 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 Legal Services, we are hopeful that we2 can further move the needle to where we3 have a city that has rental housing stock4 that's 95 percent free of lead.5 I would also like to state for6 the record that my office has met7 numerous times over the past year with8 stakeholders and representatives from9 HAPCO, the Homeowners Association, and10 the Apartment Association of Greater11 Philadelphia. And they too have very12 serious, legitimate concerns about this13 legislation before us today.14 Through this hearing, my hope15 is that we will move one step closer to16 making certain that our children are17 lead-safe.18 In closing, Philadelphia knows19 how to eliminate lead poisoning: Remove20 lead hazards from children's homes.21 We've had some success.22 This bill symbolizes that it is23 time for us to redouble our efforts and24 strengthen our commitment to the City's25 46 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 children to further protect them from2 harm and ensure that the homes they live3 in will not poison them.4 And so, it is our hope that5 discussion and more discussion and making6 the bill better, we get to a place where7 our children are free from lead8 poisoning.9 Thank you, Madam Chair.10
Thank you.11 Any other comments?12 (No further comments.)13 Good morning and welcome.14 State your name for the record and begin15 your testimony.16
My name is Nan17 Feyler: F as in Frank -E-Y-L-E-R. I'm18 the Chief of Staff of the Philadelphia19 Department of Public Health.20 And with me is Pete Palermo,21 who is the Program Manager for our22 Division of Childhood Lead-Poisoning23 Prevention, and he's here to answer any24 questions this morning and certainly25 47 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 after my testimony.2 Good morning again. As I said,3 I am Nan Feyler, Chief of Staff of the4 Department of Public Health. Thank you5 for the opportunity to testify about Bill6 100011, which amends the Philadelphia7 Code to require a certification by a8 landlord that a property is lead-free or9 lead-safe before it may be rented to a10 new tenant, as a condition of a receipt11 of a rental license.12 The City of Philadelphia has13 made significant progress in reducing14 children's risk of lead poisoning.15 Through the work of the Department of16 Public Health in collaboration with17 community-based, private-sector, State,18 and federal partners, the percentage of19 lead-poisoned children in Philadelphia20 has decreased from 80 percent in 1989 to21 around 2.83 percent in 2009.22 Through our primary prevention23 Lead-Safe Communities program, we have24 provided lead-poisoning prevention25 48 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 services to over 7,000 families since2 2005. However, over 1,100 children were3 lead-poisoned in Philadelphia last year.4 Lead has serious long-term5 health effects, especially on children.6 Even low levels of lead can lead to7 impaired cognitive functions, emotional8 difficulties, lowered IQ, stunted growth,9 hearing impairment, and delayed speech.10 The vast majority of lead11 exposure is from chipping, flaking, and12 deteriorating lead-based paints in homes13 built before lead paint was banned, in14 1978. With over 500,000, or 90 percent15 of homes, in Philadelphia containing lead16 paint, keeping children safe is a17 daunting task.18 This bill is intended to reduce19 the risk of childhood lead poisoning by20 requiring landlords to assure that there21 units are lead-free or lead-safe before22 renting the property. To do this, the23 landlord would need to hire a24 Pennsylvania-certified lead inspector/25 49 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 risk assessor to evaluate the unit and2 certify that it is either lead-safe or3 lead-free as a condition of his or her4 receiving his or her annual license.5 The current cost of this6 evaluation is approximately $450, but it7 varies according to the condition and8 size of the unit.9 Lead poisoning is completely10 preventable. The proposed bill is an11 important tool in the City's commitment12 to eliminating lead poisoning, by13 ensuring that the rental homes families14 are living in are lead-free or lead-safe.15 Thank you for the opportunity16 to present testimony today. I will17 answer any questions at this time.18
Thank you.19 The Chair recognizes20 Councilwoman Brown.21
I would22 like, Madam Chair, if we heard from both23 of our panelists, and then we can open it24 up for questions.25 50 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111
I don't think we2 have additional comments as much as the3 opportunity to ask Mr. Palermo questions.4
With that7 said, then, please make the distinction8 between lead-free and lead-safe.9
To make a unit10 lead-free would require the total removal11 of mostly painted items in the property.12 For the flat surfaces such as walls, it13 would mean secure covering over those14 walls, or removal of the walls.15 This process can be quite16 expensive. In a typical two-story17 rowhome in Philadelphia, it can cost18 upwards of $60,000 to do that type of19 work. However, that is not what we need20 to protect the children.21 What we need to protect the22 children is making a property lead-safe.23 And to make a unit lead-safe, we are24 looking at removal of only the25 51 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 deteriorated paint.2 So anyplace you see loose3 paint, you would knock it off, throw a4 coat of paint on top of it, and then5 properly clean the unit to remove those6 paint chips and the dust.7 And this type of work is8 typical for when you would prepare a9 home, when you're moving in. You would10 knock off the loose paint and repaint the11 house.12 Right now, under the current13 federal guidelines, any workers that do14 this are required to work lead-safe so15 that as they did the work, they would do16 it in such a manner that it would not17 contaminate the house.18
Please19 talk, if you would, Deputy Commissioner,20 about lead prevention programs. What21 happens?22
In our lead23 prevention programs, which are known is24 "Lead-Safe Communities" or "Lead-Safe25 52 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 Babies," we actually do -- our goal is to2 actually prevent, as is the goal of this3 law, prevent a child from getting4 poisoned.5 The problem with much of our6 services historically has been responding7 once we get notified that a child is8 poisoned. Prevention is obviously our9 goal, along with eradication.10 In our Lead-Safe Communities11 program, we do outreach particularly by12 sending letters to all of the mothers of13 newborns in Philadelphia, inviting them14 to contact us for us to go to their15 homes.16 We also do neighborhood-based17 outreach and interventions. And in the18 home, we do a combination of education on19 how to keep the house clean, we provide20 some cleaning supplies. And then I21 believe in all of the houses, we do22 dust-wipe sampling.23
Yes. We offer24 the mom that we could do a limited25 53 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 sampling to see if there is a lead hazard2 in the property, or if the outreach3 person just sees that there's a lot of4 loose paint in the property.5 If the results of the lead-dust6 test are high or we see that the property7 needs an inspection, we would send one of8 our lead-risk assessors out to the9 property, to a full inspection, note10 where the lead hazards were.11 If the clients qualified for12 grant funds and grant funds were still13 available, we would then put a contractor14 in to remediate the lead hazards; or, in15 some cases, we can use our own staff to16 go in and remediate the lead hazard and17 make the property lead-safe.18 We try to do this before the19 baby's actually born so that the baby20 comes home to a clean home. But at least21 within the first year after the baby's22 born, we try to get out there.23
What would24 you say would be the contributing factor25 54 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 to the dramatic decline from 1989 to2 2009? Was it internal restructuring of3 staff? Money for sure, but what other4 factors might contribute to that dramatic5 decline?6
There were7 several factors. Of course, the most8 important one was that I was hired for9 the lead program. I'm just kidding.10
No, actually,15 there was a concerted effort among16 several federal agencies -- the17 Department of Housing and Urban18 Development, the Centers for Disease19 Control and Prevention, and the20 Environmental Protection Agency -- around21 lead-poisoning prevention. It's a true22 success story.23 We removed lead from gasoline,24 we had removed the lead from the paint.25 55 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 And then there was a lot of energy put2 into seeing what are the best practices,3 how do we deal with this problem.4 In Philadelphia, two things5 happened. We really ramped up our6 educational program, speaking to a lot7 more families.8
We also started10 to receive federal dollars for grants to11 actually go out and remediate homes.12
They are15 currently in place but will end by the16 end of this year. We have just, as of17 Friday, submitted for another round of18 grants.19
Although I would22 note that some of the national -- or the23 cuts in the federal budget have impacted24 our funding for our lead program.25 56 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 So even with that renewed2 grant, should we get it, the one we just3 applied for, we will still be unable to4 even apply for a second federal5 lead-abatement grant.6 And in addition, our CDC7 funding for lead prevention, it will --8 if we're successful in our most recent9 application, it will be cut in half.10 So our backdrop is that we are11 concerned about limiting -- a reduction12 in resources.13 (Addressing Mr. Palermo.) If14 you don't mind, could you also talk about15 Lead Court? because I think Philadelphia16 was also innovative in starting Lead17 Court, which had an impact on our18 success.19
Yes. The other20 thing we implemented in 2002 is what we21 call Lead Court.22 Basically, we didn't have a23 good enforcement program before 2002.24 When we took cases to court, often the25 57 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 judge would order us to remove the hazard2 -- the Health Department, that is -- and3 we simply didn't have any funds to do4 that, so nothing would happen.5 Starting in 2002, we started6 taking properties to a specific court7 just for hearing the lead cases.8 And the abatements, the9 actually work in the house, jumped three-10 or fourfold since that time and has11 maintained that level since.12 So the court was both for13 requiring people who came to court to do14 it was effective, but also in getting the15 word out that the court wouldn't stand16 for work not to be done once the17 department issued orders.18
No. That was a21 cooperative agreement between the Law22 Department and the courts and the Health23 Department.24
And if25 58 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 those dollars are significantly reduced2 by the end of the year, that will impact3 the department in terms of staffing and4 in them not answering the question. How5 would that impact the department?6
I think we're7 evaluating that right now, but I think8 our greatest concern is that the most9 difficult money to replace is for the10 actual abatement of properties where a11 child has had lead poisoning.12
And, as you know,14 the most important thing we can do is to15 get in there quickly because that will16 help eliminate the source. Or17 reducing -- making the property lead-safe18 will reduce the blood level, the lead19 poisoning blood level of a child,20 reducing the amount of long-term harm he21 or she faces. So we're doing our22 planning right now.23 At the same time, we are moving24 towards a healthy home model, where we25 59 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 will not only be looking -- we are not2 only working in homes in terms of the3 lead but trying to look at all of the4 environmental health hazards, mold, et5 cetera.6 So it's both an exciting time,7 but it's also a time of some anxiety.8 Our overall goal is to prevent9 lead poisoning. I think regardless of10 where we go, that -- long-term, we want11 to invest as much money as we can in12 preventing a child from getting poisoned13 in the first place.14
Well, it is to17 reduce a range of housing risk so that18 the internal environment in the home is19 safe.20
So, for example,22 we have recently received funding for a23 cooperative program with St.24 Christopher's Hospital to target those25 60 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 homes of children with difficult-to-2 control asthma; where, as part of the3 continuum of services, we will actually4 go in and check for lead, do the5 necessary lead abatement where needed,6 but we're particularly focusing on7 reducing the hazards like mold and pests8 that exacerbate a child's asthma.9
So lead will11 always be one of our priorities. We're12 hoping to both continue to reduce the13 exposure wile looking at other home14 hazards.15
Very well.16 All right. Thank you for your testimony.17
Thank you.18 Let me ask you, what are the19 federal guidelines relative to this20 issue? Are there federal guidelines?21
Yes. The federal22 law is known as the Disclosure Law;23 that's the one that -- our law that we're24 trying to amend here is patterned after.25 61 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 And what that says is if you're2 going to purchase a home or rent a home,3 whoever owns the property has to let you4 know if they know of any lead hazards in5 the property. It does not require them6 to test the property or do anything else;7 only if they know.8 The person who wants to9 purchase the property or rent it has the10 option of hiring a risk assessor to test11 the property. And then they can use the12 results of that test to bargain or leave;13 you know, not purchase or not rent the14 unit.15
Yes. And it's18 also -- the City law was actually modeled19 after it. We allow tenants that same20 ability, to have the property inspected,21 whereas the federal law does not.22
The difference is4 that this would require not just if the5 landlord knows; they would provide the6 information. But this is a more7 affirmative obligation to have it8 inspected. And then, if they do find the9 risk of lead poisoning, to make it10 lead-safe.11 I want to get back to that, if12 I may, in a minute.13 I just wanted to reiterate what14 Mr. Palermo said. There's now also a15 federal law through the EPA, which16 mandates that people doing construction,17 demolition, remediation have to be18 trained on lead safety so that the work19 they're doing does not, in fact, increase20 or exacerbate the risk of lead poisoning.21 So that is a relatively new federal22 standard as well.23 So we have the mandatory24 disclosure if you know to both buyers and25 63 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 tenants in Philadelphia, as well as all2 contractors have to be trained and have3 someone who's certified in lead safety.4 If I may go back, I wanted to5 make one point that might be helpful6 because I know that the Landlord7 Association is concerned about cost.8 And as we said -- I said in my9 testimony, we anticipate that the10 inspection cost is about $450. You have11 to have a certified lead risk assessor.12 I think there may be some, if I13 may, some difference of opinion or14 confusion about what it will cost should15 you find lead risk. And as Mr. Palermo16 said, it's our opinion that in order to17 make an apartment lead-safe -- not18 lead-free, which is that very high19 number -- to make it lead-safe so that20 small children who crawl around and pick21 up, you know, toys and stuff and get lead22 dust in their mouth.23 To make it lead-safe is24 primarily a procedure of removing the25 64 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 deteriorated paint chip and repainting2 and cleaning.3 And our estimate for that is4 about...?5
What if an8 owner of a building has maybe 30, 409 units? Would they have to, each time10 they rent the unit -- suppose someone11 moves in this year and you certify that12 it's lead-safe, and two years from now,13 that family moves out and another family14 moves into that argument, what is the15 responsibility of the landlord to, again,16 certify that that apartment is still17 lead-safe?18
Yes. As the law19 is written now, anytime there's a new20 tenant, there needs to be a certification21 that it's lead-safe. And as the law is22 written now, that certification expires23 after one year.24 The concern I think that I sort25 65 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 of anticipate is if you have many units,2 the exacerbated cost.3
And I think that5 while there may be -- perhaps speaking6 for the Health Department, at least --7 some flexibility around some of the terms8 of it, I think our concern is that having9 it inspected is a fairly low cost of10 $450.11 The work that you'd have to do12 is basically scraping, painting, and13 repainting. It seems consistent with the14 other sort of requirements in general to15 have for the, I guess, habitability.16 Others will speak to that.17 But I guess my concern is18 measuring it against the cost of a young19 child who comes in and crawls around.20 Our view is that reinspecting it every21 time there's a new tenant weighed against22 preventing lead poisoning, we are in23 support of this requirement.24
But if you25 66 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 -- if I have a building and I rent2 apartment unit 2 --3
Okay. Two9 years from now, now with the -- we don't10 have lead paint anymore, so I may repaint11 the apartment so I can rent it to a new12 tenant, why would I have to pay another13 450 to have someone certify that it's14 lead-free?15
If it's16 lead-free, you would only have to do that17 once.18
But I think what19 we're talking about realistically, 'cause20 I don't think -- if it's lead-free,21 that's permanent eradication.22
But if it's25 67 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 lead-safe, I think the risk is that in2 that time, there would be deteriorating3 paint chips from the underlying paint.4 (Addressing Mr. Palermo.) Do5 you want to speak to that?6
Right. And7 something like if you've got a roof8 leaking in the meantime, that could cause9 paint to deteriorate. Or if the bathroom10 leaked, it could cause the paint, you11 know, from the downstairs ceiling to come12 loose.13 And the only way to know if14 that happened would be for someone to15 look at the unit, you know, every time16 you would have a new tenant in there or17 at some regularly-scheduled time.18
I think the issue19 is that perhaps is at issue is, how long20 does a certification last?21
And I think that23 at this point, this is what is proposed,24 and I think really, what we want it to be25 68 6.13.11 HEALTH/HUMAN SVCS. - BILL 1000111 is very scientifically and factually2 based.3 And I think that's -- what4 you're raising is, can it last longer?5 And, frankly, I think that's an issue of6 what kind of changes could occur in an7 apartment over the course of how long, so8 that a new tenant needs that.9 So how long would a10 certification last, I think, is --11
Right,12 because if I stay in the apartment for13 ten years, there's no recertification for14 that ten-year period. So my child may15 still be at risk.16 Just raising the question, just17 raising the questions.18