That -- and it's been spoken about already on other areas, especially in procurement. That is a blatant attempt to violate the spirit and the letter of the Charter. It is just a blatant attempt to keep these kinds of contracts out of this room so that we don't ask questions about them like the questions that I'm asking you now after the fact that the contract's been awarded. And I'm telling you the Charter is clear. And whatever lawyer or group of lawyers invented this scheme to get around us is truly in violation of the Charter. And maybe at some point in time we have to look at going to court and challenging that practice because it is absolutely disgraceful. And please, don't be offended. All the people at this table are hard-working, good City employees and I in no way mean to offend anyone 1662 3/4/03 - FY '04 OPERATING BUDGET sitting here. You just happen to be here representing the Administration at this time. I think this practice is an abomination. I think it's totally against the law. And I think it's done for purely political purposes to give away things to people that they want to give them to way to as opposed to doing what's right by the taxpayer and by the citizens of this City. Thank you for taking my abuse. I appreciate it.
With the one-year contract, Commissioner, who has the right to withdraw or does the vendor?
We almost always -- I'm trying to think of an example where we haven't had the right to terminate at our convenience or for cause. In these four-year type, whether it's a bid or professional services, we always have the right to not renew at the end of the first year. And there's probably a notice in there of 60 days or 30 days.
We don't take that opinion. The vendor is obligated to us until we say otherwise. We have had instances where other vendors were not renewed by us because of poor performance.
After -- I think in one case we went two years with them before --
We went into the second year. At the end of the second year, we did not renew. And in fact, Elliott-Lewis was the one who won that re-bid.
Thank you, Madam Chair. I think, Councilman Kenney, this will be the last year this happens. I believe we have 1664 3/4/03 - FY '04 OPERATING BUDGET legislation, pending hearings and we will pass legislation before we break out for summer recess on this issue.
Are there any other questions? Councilman Mariano.
Thank you, Madam President. I'm sorry I came in late in the fight and may repeat Councilman Kenney's or Ortiz' questions. Councilman Kenney may have touched on this; I'm not sure. US Facilities, Elliott-Lewis, the people that work for Elliott-Lewis actually did the work on these buildings?
The contract was composed of what we call the main mechanical workforce. That had to be employees of the main company. So it had to be Elliott employees. It has to be US Facilities employees.
By 420, I'm sure. 1665 3/4/03 - FY '04 OPERATING BUDGET They went with US Facilities and the only difference is that the people paying the bill besides the taxpayers paying, US Facilities or Elliott-Lewis, it was US Facilities.
You're correct. There's an impact on the company, but there's almost no impact on the individuals except for a few managers who go on to another job.
Any other questions or comments? Councilman Kenney.
Elliott-Lewis, from my understanding has 1200 employees in the City of Philadelphia. Are you saying they're the same employees as US Facilities?
So the loss of the business impacts the company and its 1200 employees in the City of Philadelphia so that --
But the company itself is the one that is losing the work and 1666 3/4/03 - FY '04 OPERATING BUDGET revenue, and therefore, potentially jeopardizes the company's existence in Philadelphia and also very much jeopardizes the company's desire to stay in Philadelphia.
Thank you. Any other questions or comments from Members of the Committee? (No response.)
Commissioner, thank you very much. And may I just say that I certainly want to applaud many of your staff. They're so loyal and dedicated and they're truly -- you can really be proud of their performance.
Thank you. Fleet management is next. Good evening. Thank you for your patience.
Good evening, Madam President and designated Members of City Council. I am James Muller, acting Fleet Manager. Here with me today is Robert Fox, our Administrative Services 1667 3/4/03 - FY '04 OPERATING BUDGET Director; and Marie Stone, my Executive Officer. With a great deal of remorse and respect for the City's first Fleet Manager, Riley P. Harrison, our entire department would like to mark his passing at today's proceedings. Mr. Harrison's tireless devotion to the City's Fleet has been recognized throughout the City and he has set an example of excellence that we will follow forever. Among the initiatives that Riley began and we will continue to undertake is the increase in and maintenance of the neighborhood snow-fighting fleet. Apparently, Fleet is maintaining 123 light and medium-duty vehicles with another smaller 15 snow-fighting pieces which include Gators and skid 16 steer loaders. 17 OFM's budget fund for Fiscal Year 2004 18 is $47.3 million. Fleet utilizes these funds to 19 maintain an active fleet size of 6,085, including 20 787 pieces of specialized equipment. Apparently, 90 21 percent of these vehicles are available every day. 22 0FM is administrating a fleet reduction 23 initiative that calls for a percent reduction in 24 the City's fleet each year. To aid us in this 25 endeavor, the Managing Director has requested that 1668 1 3/4/03 - FY '04 OPERATING BUDGET Fleet conduct a zero-base analysis of the entire fleet in order to ascertain the usefulness of each vehicle. In an effort to involve the community and create a skilled work force, Fleet will continue to work with local high schools such as Swenson Skill Center and West Philadelphia High to mentor an internship program in which our technicians work with students with the intention of hiring as many as possible to be fully functional automotive technicians. In 2004, OFM is planning to work with John Bartram High School to develop the City's first diesel engine maintenance program. OFM has entered into a contract with the City's main field provider, F.C. Hob, which freezes fuel prices based on the number of gallons purchased. In the past, fuel contracts allowed for prices to change every week until a service entitled OPIS, Oil Price Information Service. While the weekly changes ensured prices remained current. It made price forecasting and budgeting very difficult. OFM was forced to set aside funds budgeted for new vehicles and vehicle parts to ensure that weekly 1669 3/4/03 - FY '04 OPERATING BUDGET changes in prices did not result in cost overruns. Our new procedure enables Fleet Management to develop better purchasing strategies and if prices rise due to currency abroad, savings will increase. During the third week of February, the average gallon of gasoline was $1.11 a gallon on the open market, while Philadelphia was paying only 81 cents. If this trend continues, the City will save more than $500,000 for FY 2003. OFM plans to enter into a similar fixed contract again in 2004. Thank you for this opportunity to testify. And I will be happy to answer any questions at this time.
Thank you. Any questions of this witness? Any comments? The Chair recognizes Councilman Ortiz.
Could you explain to me the aspect of the SUVs and our expenditures and what the City plans to do in terms of that?
Fleet believes that the City's SUV fleet needs to be revisited and reduced. The Managing Director has requested us 1670 3/4/03 - FY '04 OPERATING BUDGET to conduct a zero base analysis of the City's fleet. This way each vehicle will be justified on what it's used for. And from then on, we'll probably take some of them away from different people and plug them into police or fire or wherever else necessary for emergency use.
And do we have any purchase orders out on SUVs to replace the ones that we have right now? What is the status of our fleet purchasing situation?
I believe right now we have Water and Aviation purchasing some SUVs presently.
What about in terms of for the rest of the year? I'm sure that you're looking at other departments that are requesting cars and so on. 1671 3/4/03 - FY '04 OPERATING BUDGET
Yes. As you know, some people have already gave them up and are looking for smaller type vehicles. So we're in the process still of taking them away if somebody wants to come up and give it to us, we'll schedule it to the police or fire or wherever necessary.
What's been the cost in terms of gas with these vehicles?
You just heard me, we're pretty good with fuel. The average cost is $1.11, and we're only paying 81 cents. We're in locked contract with the OPIS.
But they use more gas than other vehicles so they're more expensive to operate.
You're welcome. The Chair recognizes Councilman Mariano.
Thank you, Madam President. Mr. Muller before the SUVs were the hot 1672 3/4/03 - FY '04 OPERATING BUDGET topic and everybody wanted them when it snowed -- and basically my thought of it was in Buffalo everybody has them. This isn't Buffalo. It will never be Buffalo, but it's not Atlanta either. The police had them. They just weren't the sexy vehicles that they are now, they were Blazers. For instance, Traffic has them, right? Why do they have them? There must be a use for them.
Highway Patrol Truck Unit has them. So these vehicle could go there, that's what you're saying?
So will they replace cars that you probably would have ordered new?
So can I be safe in saying that probably some well-deserving policeman will get an SUV? Probably before he would have been 1673 3/4/03 - FY '04 OPERATING BUDGET riding around in a 10-year-old Blazer possibly.
Any other questions or comments from Members of the Committee? (No response.)
Gentlemen, thank you very much. The Historical Commission is last. I'm sure the stenographer is very happy to hear that. Dr. Tyler, good evening.
Madam President and Members of Council. First, I'm Richard Tyler, Historic Preservation Officer for the Philadelphia Historical Commission. The space allocation issue you discussed, that's at least 125 years old. The first user in the new City Hall was in the late 1870s when the building was still well under construction was the State Supreme Court. City Councils did not get into the building until 1895, one of the last. Until then they were stuck in Independence Hall. 1674 3/4/03 - FY '04 OPERATING BUDGET
I don't remember the exact year, but it was the late 1870s. The building was started in 1872. They were among the very first -- it was the first governmental user in the building. And City Council didn't get here until 1895. That might amuse you. It's a long tradition. The proposed budget for Fiscal 2004 requests $265,619, an increase of 3,408 over the Commission's fiscal 2003 estimated obligations. With this budget the Commission can reasonably expect to maintain its present service levels of permanent review under the Historic Preservation Ordinance, under the Manayunk Commercial Revitalization Ordinance, and for the conduct for the federally mandated historic preservation assessments. I should be pleased to attempt to answer any questions that Councilmembers may have.
Question. As you know, we introduced a resolution sometime ago with regard to the Historic District in Spruce Hill. And we did that, not to create World War III, as even some of my colleagues thought we did, but merely to have a venue and a time for people who had other concerns to voice their opinion. It is never my goal to go against the wishes of my community. As your statement says, there were a consultant hired in Spruce Hill who came up with the Spruce Hill Historic District. Having said that, my specific question is, what's the process for hearings? Who is included, who knows, and how do they know?
The process for hearings. Sixty days for a historic district, 60 days in advance of any meeting of any part of the Commission, at least 60 days. Two letters will go out to every owner of property within the proposed district; one to the person at the address within the district, and one to the person at their residence.
Of the owners, you're saying, property owners? 1676 3/4/03 - FY '04 OPERATING BUDGET
Yes, ma'am. In addition, there will be a notice placed in a newspaper of general circulation. I recognize that's not of much value. But also, a poster will be put up at least one in every block within the proposed district so that tenants and others as well as owners are advised of it. Before any of that starts, a letter will go to the District Councilperson or if it embraces two districts as Rittenhouse did, to both Councilmembers. President Verna will remember receiving that letter.
The first hearings will be a committee meeting which will be public also. And we'll have probably two for each district. Then you'll go to the full Commission. That will be held in -- currently we meet in the City Council Caucus Room. It is also our practice with districts to hold at least one -- it will be the second hearing by the full Commission in the neighborhood at night so that people who can't come into City Hall during the day also have an opportunity to be heard. And then another hearing in our regular schedule. 1677 3/4/03 - FY '04 OPERATING BUDGET
And who notifies the public about meetings in the neighborhoods?
The notice to the owners will have the complete schedule of these meetings. The posters in the neighborhood will also have the complete schedule of these meetings.
And the neighborhood meetings, do you put out notices for that?
All right. I just want to make sure we have a fair process. And I will finally say this, Madam President. I live in University City and I live in Spruce Hill. And one of my colleagues wrote a letter to one of my neighbors in Spruce Hill saying that my bill will never get a hearing, it would never see the light of day and how dare I raise the issue. And I say to my colleague, I resent that. Nobody has a right, nobody will tell me how to do my job. I have a right to do my job. And I resent it. I have it in writing. One of my colleagues wrote in 1678 3/4/03 - FY '04 OPERATING BUDGET my neighborhood where I live -- many of you were there when Lu passed. Nobody tells me how to do my job and tell me that I don't have a right to hold a hearing and that individual never holds hearings so that my legislation would never see the light of day. I resent it. I've been waiting for the time to say it. And I'm not finished with the issue yet. Thank you, Madam President.
You're welcome. Dr. Tyler, I just have one question. How long have you served on the Historical Commission?
I was saying I think you've been there as long as I can remember and you do an excellent job. I applaud you. Thank you.
Any other questions or comments of Dr. Tyler? (No response.)
Thank you 1679 3/4/03 - FY '04 OPERATING BUDGET again. Councilwoman Blackwell.
My statement on the issue is I don't bother my colleagues. I don't interfere in anybody's district. If I go to your district -- I went in Councilman Nutter's district where a 10-year-old had the problem last week. I told him about it. And when they called on me, I got up and sat up in Councilman Nutter's district, talked to him about it. I'm not trying to mind anybody's business. But I do my job. And I resent somebody coming in my neighborhood -- Lu moved in my house in 1959. How dare one of my colleagues tell me what I'm allowed to do in here in my neighborhood. I resent it. And I challenge them to respond. Thank you.
This committee will stand in recess until tomorrow, Wednesday, March 5th at 9:30. Thank you very much. (Council adjourned at 4:55 p.m.) - - - 1680 C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of March 4, 2003, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE OF THE WHOLE ___________________________ Lisa C. Bradley, RPR and Notary Public