So what you're saying is -- do you seek the relief of being -- when someone doesn't show up, do you then take it upon yourself to go remediate and put a lien against the property? DEPT. COMMISSIONER VERDI: The judge -- there is a lien put against the property by a court fine.
Do you go in and remediate? DEPT. COMMISSIONER VERDI: In some cases, we may remediate.
Why not in every case, because of a lack of funds; is that what you're -- DEPT. COMMISSIONER VERDI: More or less, yes. 92 4/7/08 - Whole - 080022, 157, 160, 164, 165
How much would -- here -- here -- if you get back, it's this big circle, right? You don't contact the individual owner, he doesn't show up, there's a lien put on the property, but you don't actually go in and do the work, so the situation continues to spiral downward for the people who live in that property. You can put more fines on them, but that just is a lien against the property. Nobody is taking care of the problem because you didn't go in and remediate the problem and put a lien against the property, and then -- and then get paid back based on (indiscernible) or we didn't take the property once there's a lien of over $850 and sharing it at sheriff's sale to let someone responsible come in and buy it and, you know, pay off the lien and do the (indiscernible). So what I'm suggesting is, the reason that L&I has the problem it has 93 4/7/08 - Whole - 080022, 157, 160, 164, 165 is because it doesn't go in and remediate the problem. We don't take the properties from these absentee landlords and we don't put them up for sale to someone who may be more responsible as a new landlord. It's a very simple problem to solve, and that is, just seek the relief to give you an order that allows you to go in and remediate whatever the cost to that is, apply it to the property, and then let's sell the property if they don't show up the next time they come into court. It's not difficult. The individual owner is an entity, not a person, and we can get whatever relief we want or service of process we want against that entity just by going to their agent for service to process that they list under the Department of State records. It's simple. I don't -- I guess I don't understand why our process 94 4/7/08 - Whole - 080022, 157, 160, 164, 165 doesn't solve this problem. Does anyone have any comment on that? COMMISSIONER ELFREY: We will look at the entire process and do a pleat review with the Law Department to see how we can make it better.
Okay. Well, I'm giving you a suggestion as to how to make it better. And if you need additional funds in your budget that allow you to go in to remediate where these situations occur, let us know how much that is, because that would solve the problem. If landlords knew if they didn't show up or their agent of service of process got a notice, that you would go in, fix it, charge 'em, and then if they don't show up next time, you'd sell their property out from under them, if knew that, they'd be there. But because there's no real enforcement, they know they can hide. 95 4/7/08 - Whole - 080022, 157, 160, 164, 165 I've heard you testify -- or L&I testify before that you can't find them, and that's a problem. L&I has created that problem by making that our process. That's all I suggest to you. So let's change the process so we can protect people who are -- COMMISSIONER ELFREY: Thank you for the suggestion, and we will look at the process.
I guess I'm almost out of time, Madam President? I have additional questions. Thank you.
Good morning. I'm going to piggyback on Councilman Green's questions regarding 96 4/7/08 - Whole - 080022, 157, 160, 164, 165 remediating properties of absentee landlords. And I'm sure in all Council Districts, we have these problems with these absentee landlords who just come in, particularly over the last couple of years, and purchase lots of houses, lots of lots, form their LLCs, and disappear. We have a house in our district that has been vacant for more than two years. People from the community clean it; I've even had relatives go out just as a favor to me to clean it. And the owners actually live in Saudi, Arabia, so they could care less about this particular property. And I have a whole disk of pictures of lots that speculators have purchased, and that's it. Now, if I call 'em and if they answer the phone, I'll tell them to clean, and they will go out and clean, but why should I have to call them? I 97 4/7/08 - Whole - 080022, 157, 160, 164, 165 shouldn't have to monitor this. So I was actually thinking that maybe whomever cleans the lot should send them a bill or just keep a record of them cleaning and have a bill. Is there a estimated -- I'm sure you work along with the CLIP Program. Is there a list of estimated costs for cleaning a lot, for remediating a house, for any of that? COMMISSIONER ELFREY: It --
I mean, what would be the average cost for that? I know it depends on the size, but -- COMMISSIONER ELFREY: Yeah, I don't have that information, ma'am, but to your point on the cleaning of vacant lots, the Vacant Lot Program, under the direction of the Managing Director's Office, does go out and clean lots, and they are subsequently billed, the owner of record, for that cleaning, including 98 4/7/08 - Whole - 080022, 157, 160, 164, 165 administrative costs.
So once the person gets the bill, who tracks whether they pay it? COMMISSIONER ELFREY: Once it's billed, it goes to the Department of Revenue, who is then responsible for liening the property. The Department of Licenses and Inspections does not track nor collect those dollars.
I'm sure you don't, but I just wanted to know who did that, because I'm wondering if any of these people have ever paid these fines. I mean, this is -- we have lots, we have too many lots that are just left and they're not cleaned. I mean, people don't care. COMMISSIONER ELFREY: I know.
And out in the neighborhoods, people care about that. I mean, I care when I ride by the same building or same lot week 99 4/7/08 - Whole - 080022, 157, 160, 164, 165 after week, you call it and it gets cleaned, then it grows again. I mean, it just has to be some kind of end. And I support the question that Councilman Green asked: Why can't we just get these people in court and put these properties up for sheriff's sale? COMMISSIONER ELFREY: I agree.
And maybe someone will buy it that will take care of it because it's becomes just a continuing, continuing headache. So I would like to see if you guys can work on coming up with a quicker method. It just seems like it takes too long to get people into Equity Court. It just takes too long. COMMISSIONER ELFREY: We agree and we will look at the process.
100 4/7/08 - Whole - 080022, 157, 160, 164, 165 You're welcome. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I wanted to do a follow-up on the earlier questioning. I snuck in a question at the end about participation and you said yes. Let me elaborate a little more. Under the NTI Program, there was an aggressive, proactive program that -- I think it was called "The Emergent Contractor's Program" that actually went out and identified minority contractors particularly for demolition, and we got substantial numbers and actually created a number of businesses in the demolition field. Moving ahead, now that NTI is being phased out as it relates to funding, what's the process that's going to be utilized to ensure that we continue those aggressive numbers on 101 4/7/08 - Whole - 080022, 157, 160, 164, 165 participation of demolition? COMMISSIONER ELFREY: We are going to closely work with the Administration and MBEC and the Procurement Department and --
No, you are the Administration. COMMISSIONER ELFREY: Pardon me?
You said you're going to work with -- COMMISSIONER ELFREY: I'm sorry. I meant the Mayor's Office.
You are the Administration. COMMISSIONER ELFREY: Yes. The Mayor's Office, the Managing Director's Office, Procurement, MBEC, and the community to get as many minority contractors on board as we can.
What I'm asking you is that we had a very detailed, comprehensive program in place to deal with minority 102 4/7/08 - Whole - 080022, 157, 160, 164, 165 participation on this issue. And I'm -- I would like to think there's a little more beyond just, you know, the tradition "We're going to sit down and everybody work together." COMMISSIONER ELFREY: Mm-hmm.
Is that program, as structured, going to be eliminated or be changed? will it be continued? Or have you all not given any thought to that? COMMISSIONER ELFREY: We haven't gotten to that point yet but we will.
Okay. Eileen, do you want to give a little more -- DEPT. COMMISSIONER EVANS: Yeah. COMMISSIONER ELFREY: Eileen, do you want to comment? DEPT. COMMISSIONER EVANS: Councilman, we have not eliminated the ranges or the percentages that are 103 4/7/08 - Whole - 080022, 157, 160, 164, 165 required for minority participation. The change in the program from NTI to L&I is simply that the bid packages will be smaller. As opposed to 50, 60, 100 properties, we're looking at to 8 max, but the ranges are still in place 9 that were in place through Procurement 10 and MBEC, so haven't changed that 11 aspect is at all. 12
And those 13 ranges were what? 14 DEPT. COMMISSIONER EVANS: I 15 don't know the ranges; I'd have to look 16 that up. But whatever they are, we are 17 not changing those ranges. 18 As you said, we did work 19 closely, and NTI worked closely with 20 MBEC, to establish those, and with 21 Procurement, and we so have no intent 22 of changing the minority 23 participation. 24 We have -- the Emerging 25 Contractors Program came through the 104 4/7/08 - Whole - 080022, 157, 160, 164, 165 African-American Chamber of Commerce, and they're actually reaching out to be a part of NTI. We do have contacts with the Asian-American Chamber of Commerce we still maintain. Those who went through the Emerging Contractors Program are now active participants in the demolition program. And so the graduates are now active participants as prime contractors and not as subs. And so we can see that there's been some progress through that program.
And we will continue that process. DEPT. COMMISSIONER EVANS: Yes.
It may have a different name but it will be the same. DEPT. COMMISSIONER EVANS: Yes, exactly. COMMISSIONER ELFREY: And the goal is to continue that process and 105 4/7/08 - Whole - 080022, 157, 160, 164, 165 try to make it even better if we can.
Okay. And in terms of being able to track the participation, how is that going to be done? Because if the NTI process is phasing out, how will we know that those goals are being reached? DEPT. COMMISSIONER EVANS: We know which contractors are MBEC- and WBEC-certified, and we also know that labor standards has particular percentages of participation in place. And so the entire process involves a review by Procurement, a review by MBEC to ensure that those percentages are met.
So we should depend on MBEC -- DEPT. COMMISSIONER EVANS: Yes.
-- is what you're saying? DEPT. COMMISSIONER EVANS: Mm-hmm.
With the 106 4/7/08 - Whole - 080022, 157, 160, 164, 165 assumption that MBEC is going to be around? DEPT. COMMISSIONER EVANS: It's a part of the process.
Okay. DEPT. COMMISSIONER EVANS: Oh - - well, it's a part of the process. If MBEC isn't around in its present form, the requirements of MBEC will be absorbed by Procurement.
Okay. An earlier question about the dollar- amount for demolition prior to NTI, and now I'm being told it was approximately $20 million 'cause that set the threshold for the debt service on the NTI bond, and we're now talking about half of that. And I recall, prior to that, there was always concerns about demolition. And, unfortunately, the NTI did not get to as many properties that we had earlier anticipated, so there are still a significant number of 107 4/7/08 - Whole - 080022, 157, 160, 164, 165 vacant properties in the City of Philadelphia. And I'm glad to hear that you're talking about bid packages, 'cause we hope that that will deal with economies of scale and somehow reduce the price. My concern is that with $10 million, utilizing a process of bid packaging and the fact that the NTI significantly supported not only the traditional safety issues but also supported development initiatives 'cause we're in areas where we're going to clear space for development, we utilize NTI bonds. How do we think that the $10 million, given the fact that we're talking about 26, $25,000 per building, will reasonably make an impact on those issues? DEPT. COMMISSIONER EVANS: The $10 million is earmarked for demolition demolitions. L&I is not going to be 108 4/7/08 - Whole - 080022, 157, 160, 164, 165 involved in the development aspect of --
No, I understand that. DEPT. COMMISSIONER EVANS: Okay, all right.
But when you develop a track of land, you have to clear the site. DEPT. COMMISSIONER EVANS: Mm-hmm.
And what we've been doing is using demolition dollars to clear the site -- (Timing bell rings.) DEPT. COMMISSIONER EVANS: Mm-hmm.
So the question is, you know, if you reduced it by half of what it was prior to -- and I understand it was $30 million under NTI and prior to that it was 20. DEPT. COMMISSIONER EVANS: Mm-hmm. 109 4/7/08 - Whole - 080022, 157, 160, 164, 165
-- and now we're talking about 10, how are we going to realistically make an impact dealing with both life-safety issues and possible development issues? And if we're not going to use it for development issues, I need to know that 'cause we have to look at other pots of money to support that. DEPT. COMMISSIONER EVANS: Well, we are anticipating that out of the 10 million that we'll be able to demolish 400 properties, just using the bid packages. Whatever the other properties that need to be immediately addressed will be addressed by curbsides. And so, again, out of the 10 million, our expectations is that 400 properties will be able to be demolished.
And curbsides will come out of -- I'm sorry. Curbsides will come out of what 110 4/7/08 - Whole - 080022, 157, 160, 164, 165 budget? DEPT. COMMISSIONER EVANS: It's out the of the same pot of money, actually.
You sound like you're double-counting. DEPT. COMMISSIONER EVANS: No. 9 With 400 --
You said that 400 will be done -- (Indiscernible; parties talking over each other.)
Four hundred will be done out the 10 million, and then curbsides will be done -- DEPT. COMMISSIONER EVANS: Four hundred is total, including curbsides --
Including the curbsides -- DEPT. COMMISSIONER EVANS: All of this is coming out of the 10 million. 111 4/7/08 - Whole - 080022, 157, 160, 164, 165
Thank you, Madam Chair. I want to talk about the Department of L&I's proaction when it comes to seeing the things that we as Councilmembers see and the people that all of us represent. How many employees do you have in L&I? COMMISSIONER ELFREY: We're budgeted for 374.
Okay. When you're at that number, that tells me that you've got 374 pair of eyes that know more about -- even the clerical people, I think, eventually know what L&I's responsibility is. 112 4/7/08 - Whole - 080022, 157, 160, 164, 165 Do you still, in the spring, have inspectors work the weekends? What is the responsibility of an employee of L&I. If you see that lot that is dirty -- what amazes me, when I call L&I on occasion, something that's existed for a long, long time, I'm told, "We have nothing on this. This is, like, the first time that we've ever heard about this problem." I would hope -- and I'm sure you would, too -- that your organization is very proactive and out there looking for the things that the people that we work for are complaining about. The house -- I mean, I just can't imagine driving through a community and still seeing a home that is not boarded up, but there are probably hundreds that have not been. It takes a Councilperson to call L&I to get a house that is open 113 4/7/08 - Whole - 080022, 157, 160, 164, 165 closed? It shouldn't be that way. COMMISSIONER ELFREY: And it isn't, sir. We have clean-and-seal crews out on the street every day cleaning and sealing properties throughout the City. In fact, I think year, we're targeted to do about a thousand, and we'll probably do another thousand next fiscal year. So we do work proactively internally based on inspections by our inspectors. And if it's an open property that needs to be cleaned and sealed, it's referred to the clean-and-seal unit, and that action is taken.
I used that just as an example of many situations that L&I's responsible for. Are you behind on clean-and-seals? COMMISSIONER ELFREY: Yes. We believe we are behind on clean-and- seals. And that's a part of the package that I've asked the managers to 114 4/7/08 - Whole - 080022, 157, 160, 164, 165 put together to find out exactly what we're behind on and by how much. Early indications are, with the hiring, the nine clean-and-seal abatement workers scheduled for the first week in May, that any backlogs which we have will be cleaned up within a matter of less than six months.
Are you anticipating -- you said next year another thousand. Are you expecting that there are properties in the pipeline that will become abandoned? Where did you come up with the thousand next year if you're not behind? COMMISSIONER ELFREY: That's basically what we're budgeted for and based on the productivity of a clean- and-seal crew on the daily basis. So in other words, we have a budget, we know about how many clean-and-seals we can do per day. And that's our goal, about a thousand. 115 4/7/08 - Whole - 080022, 157, 160, 164, 165
So you will be able to tell us -- see, I'm a little confused on -- where is the thousand from next year; are they already out there or are they becoming abandoned as we sit here? COMMISSIONER ELFREY: Well, where we want to be is, it's sort of like the inventory on the shelf. I want our folks to tell me what our beginning inventory is, and I think this will answer your question. Do we have -- and I'm just though this number out there -- 5,000 open properties right now. During the year through our inspection process, how many do we add to that, okay? And how many do we end up at the end of the year based on what we can do? And that's where we need to be, and that's where we will be.
Do you -- if you come back at us and find out that 116 4/7/08 - Whole - 080022, 157, 160, 164, 165 -- and I'll let my colleague speak on his question directly 'cause I'm sure he'll get it out better than I will. If you determine that you've got a issue here with several hundred backed up into the pipeline, what can you do as a manager? Can you hire contractors? can you put more people on? I mean, I can't imagine just seven people -- you have to get trucks for them, equipment. Is there trucks parked that this seven people are not able to get out of the garage? Or how do you deal with a backlog if, in fact, you have one? COMMISSIONER ELFREY: Well, as part of the Mayor's Strategic Plan, we're going to work smarter, better, and faster. So we're going to take a good look at those numbers, we're going to take a good look at our productivity levels and see where we are at the end of the year. 117 4/7/08 - Whole - 080022, 157, 160, 164, 165 I don't know if we're going to need more money in the budget. I don't know if, by working smarter, better and faster, that we can really eat into that backlog and we won't need more money in the budget. It's -- but at the end, we're going to have to take a look at those numbers and make those decisions.
I come through -- and no disrespect to Streets or L&I, and I know the clock's going to sound momentarily, but I took a little shortcut coming off of Allegheny Avenue to get up to Germantown Avenue, and there were -- I could not imagine that I was in a major city; it was so, so bad. I mean lots just strewn with debris and other -- and I know the District Council office has been trying to get it cleaned up. (Timer bell rings.)
So in my opinion, just looking at some of the 118 4/7/08 - Whole - 080022, 157, 160, 164, 165 places that I go, somebody else should have seen that because, I understand from the neighbors, it's been like that for months. COMMISSIONER ELFREY: If you pass that information -- I talk to Josh Cohen from your staff; quite often he calls me. If you have him provide those addresses, I will be glad to pass that on to Tom Conway in the Vacant Lot Program.
Okay, good. Thank you, Madam Chair. And can -- Councilman Green had a quick question on that.
I just have one question that I would like to ask before recognizing Councilman Green. Do we have a backlog for the 119 4/7/08 - Whole - 080022, 157, 160, 164, 165 demolition of eminently dangerous properties? DEPT. COMMISSIONER EVANS: No, no, we don't. We defined "eminently dangerous" such that if we cited a property as eminently dangerous, our responsibility is to immediately demolish it, and so we are current with all ID properties.
How about dangerous properties? I know we label them either "dangerous" or "eminently dangerous." DEPT. COMMISSIONER EVANS: We only use the two categories of eminently dangerous or unsafe.
All right. DEPT. COMMISSIONER EVANS: So there are a number of unsafe properties but those properties are not in threat of collapse or eminent danger.
Thank you very much. 120 4/7/08 - Whole - 080022, 157, 160, 164, 165 The Chair recognizes Councilman Green.
Thank you, Madam Chair. I'd like to spend a second talking about online applications. I think the PowerPoint presentation on , there was a report issued in October of 2001 by the Managing Director's Office, L&I, and the Commerce Department that said that 71 percent of permits and 82 percent of licenses issued by L&I were routine, and as a result, the application approval process for them could be automated. Of the 71 and 82 percent identified in the October 2001 report, what percentage have online applications? COMMISSIONER ELFREY: Sir, I have not seen that report, but I will get that information for you.
If you could 121 4/7/08 - Whole - 080022, 157, 160, 164, 165 provide that to the Chair. What percentage of your applications are actually made online for permits and licenses? COMMISSIONER ELFREY: I don't have that information in front of me. I can tell you, the most recent -- I believe it was the housing inspection licenses that we made available online in January, I believe it was percent 12 as of this date were filed online, 13 which is encouraging. 14
Um -- 15 COMMISSIONER ELFREY: Bridget, 16 did you have something to add to that? 17
I don't know the exact percentage of our licenses and permits that we do have online, but we do, as the Commissioner stated, the housing renewal license just went on. You can get a fast-form building permit online, which is your building permits that don't need plans. You can also get your real 122 4/7/08 - Whole - 080022, 157, 160, 164, 165 estate certs on line, which has been a big one for us. Most people just -- that requires a simple zoning check and then, automatically, someone's sent back their real estate cert.
Right. If you could provide the Chair with a chart showing the comparison of the permits and licenses that were recommended to go online in 2001 compared to which are actually on line -- COMMISSIONER ELFREY: Mm-hmm.
-- and then also tell us the total percentage of permits and licenses that are applied for online. And, also, do you know, is there any additional cost to the customer for applying online versus -- or paying a fee online versus coming in and paying it? COMMISSIONER ELFREY: In some cases, there are, sir, depending on the 123 4/7/08 - Whole - 080022, 157, 160, 164, 165 circumstance, but our goal, I think, is to reduce those costs because, as we get more people to apply and get their permits and licenses online, at some point down the road, I would think that our costs would be reduced and we can pass that onto the customer.
Well, if 10 percent of just this one item, housing 11 approvals, are on line, that's 17 12 percent fewer pieces of paper that are 13 coming in just on that exact process at 14 L&I. 15 COMMISSIONER ELFREY: Exactly, 16 exactly. 17
And if you haven't captured savings from that, obviously, you should be redesigning your work-flow processes to do so. COMMISSIONER ELFREY: And we will. Sir, could I have the name of that report? I'm sorry. You mentioned a report back, I think it 124 4/7/08 - Whole - 080022, 157, 160, 164, 165 was, seven or eight years ago?
It's an October 2001 report prepared in joint effort by the MDO's office, L&I, and the Commerce Department. I don't have the exact name of the report. COMMISSIONER ELFREY: Okay.
My -- I'd be happy to have my staff forward it to you if you would like. COMMISSIONER ELFREY: That would be great. I would appreciate that.
Okay. The other thing I wanted to talk about was, it's my understanding that there are available commercially-permitting processes that would allow people to submit plans electronically, allow those plans to be automatically sent to the Water Department, the Streets Department, and other places so that they don't have to fill out 14 different applications, et cetera. 125 4/7/08 - Whole - 080022, 157, 160, 164, 165 Can you discuss where the Department is on that? And I think in October 2007, there was testimony that you were looking at such changes in your processes in coordination with Water, Streets, and the other people who have to review the same plans. COMMISSIONER ELFREY: That's correct, sir. And, as a matter of fact, staff have identified a couple of packages that are out there currently being used in other cities. We are going to be meeting with Streets, Planning, and the Water Department -- I think the meeting is tomorrow -- to discuss what our needs would be internally to implement such a process. I mean, I think that's a big win for the development community and it's a big win for the City departments if we can get to the point where we're submitting electronic plan reviews and approving them online so 126 4/7/08 - Whole - 080022, 157, 160, 164, 165 that not only we see what's going on, but our customers see what going on at the same time. We are in very preliminary discussions about this process and about these programs that are out there. But, as I said, we are going to meet for the first time tomorrow to see what that might look like for the City.
Do you have an estimate of what the efficiencies and/or the savings are? COMMISSIONER ELFREY: No, not at this time, sir. It's too early in the game.
Would you please provide those to the Chair when you get them? COMMISSIONER ELFREY: Absolutely. (Timer bell rings.)
Thank you. (Councilwoman Tasco assumes 127 4/7/08 - Whole - 080022, 157, 160, 164, 165 position as Committee Chair.)
Thank you. Thank you, folks. Along the lines -- as I was listening to the testimony earlier from the office, President Verna and you folks were talking about the public relations campaign, and I wanted to go on record the importance of making sure that any education campaign that we have be done in several different languages, which is one of the challenges that we face. And I say that, understanding that I have a district with probably one of the highest noncompliance issues as it relates to both businesses and housing. But, also, as I work with folks, you know, their inability to navigate how to come to compliance because of sometimes our lack of 128 4/7/08 - Whole - 080022, 157, 160, 164, 165 coordination. So I want to make sure that I go on the record saying that. I also notice that in your contracting, on your minority contracting, there were no Hispanic firms. Is there a reason? COMMISSIONER ELFREY: I cannot speak for the last year as to why there were no firms, but I can promise you that we will do everything in our power to make sure for the coming fiscal year that there will be.
Okay. Going back to some of the discussions around NTI and CLIP, one of the things that I hear -- and I get inconsistent messaging around it -- is, all of the remediation work that we do doesn't necessarily get liened, and it didn't under NTI, some of the work that we're doing. Does every service that we provide, as it relates to remediation, 129 4/7/08 - Whole - 080022, 157, 160, 164, 165 being liened, and at what rate? And if you could share that with Chair, I'd be very much interested. I have about 300 vacant properties, lots that we have as a result of our work through NTI, so I want to know, moving forward, that they are in a pipeline for potential acquisition. COMMISSIONER ELFREY: Just one point of clarification, Councilwoman: At what rate? What do you mean by that?
If we provide a clean-and-seal on a particular lot, how are we liening those properties. COMMISSIONER ELFREY: Oh.
What's the rate that we're charging? COMMISSIONER ELFREY: Oh, I understand, okay.
Those types of things. That would be 130 4/7/08 - Whole - 080022, 157, 160, 164, 165 important for me to see. Years ago, probably '93, '94, there was a District Services Office that on American Street, and that was very helpful in helping us direct people there for some basic questions, especially when folks were doing some minor work, remods in the house that didn't require major plans. What types of services are we offering in the six different locations where we have staffing and sites like the Northeast City Hall at sixth and Lehigh as it relates to L&I? COMMISSIONER ELFREY: Presently, we are not in the Northeast City Hall. We are looking internally to expand, and I don't know at what rate or when yet some of the services we offer. I believe Eileen Evans' group is starting in May or June, a Saturday service, where all of the district operations will offer appointments to 131 4/7/08 - Whole - 080022, 157, 160, 164, 165 those that want to do minor home repairs and want to get permits for that and would need advice on what the L&I process is. And we're going to be rolling that out in a public relations campaign, once all the T's are dotted and the I's are crossed. (Laughter.) COMMISSIONER ELFREY: As far as the other services, could you just repeat your question again?
What are we doing at Sixth and Lehigh? I know a there's a staff person there; what's the function of that staff person there from L&I? COMMISSIONER ELFREY: Go ahead, Eileen. DEPT. COMMISSIONER EVANS: That particular office is a fully-staffed district office, and so clerical there are several building inspectors there, there's clerical support staff, and 132 4/7/08 - Whole - 080022, 157, 160, 164, 165 their function is to address within defined boundaries all of the building- and construction-related complaints that are in that particular service area.
So I can go over there and get information? DEPT. COMMISSIONER EVANS: Yes.
That's not the feedback that I've gotten. I don't know if Councilman Clarke -- DEPT. COMMISSIONER EVANS: Well, it is a fully-staffed -- I mean, if they're not providing service, I would love to know that.
I would like to know what services we're supposed to be providing over there. DEPT. COMMISSIONER EVANS: Okay.
That would be helpful. And when you say "fully staffed," what does that mean? Does that mean that anybody can go in 133 4/7/08 - Whole - 080022, 157, 160, 164, 165 there and pretty much get answers to some of the basic quality-of-life questions that we're talking about? DEPT. COMMISSIONER EVANS: No. 6 Those -- the district offices are construction-related district offices, so it's not necessarily -- the staff is aware of clean-and-seal activities, but they don't necessarily deal with quality of life. These are building inspectors, plumbing inspectors, and so we're dealing with construction-related issues in the local district offices.
So you're reviewing plans; no permits get issued out of there? DEPT. COMMISSIONER EVANS: Fast- form building permits that do not require plans can be issued from the district offices.
I was not aware of that. Okay. Well, I'd like to get a full scope of services -- DEPT. COMMISSIONER EVANS: Sure. 134 4/7/08 - Whole - 080022, 157, 160, 164, 165
-- that are being offered there, because that's where I was getting to. The district office that we had before, there was some issuance of some of the permits on American and Lehigh, but I -- DEPT. COMMISSIONER EVANS: If I may, as the Commissioner stated, we are reviewing internally whether or not we can actually, and should, expand services in the district offices so that you can receive licenses in the district offices and a different variety of permits in those district offices. Traditionally, it has just been construction-related.
Okay. COMMISSIONER ELFREY: I'd like to emphasize we're reviewing that.
Well, it seems to me that we have several different types of offices throughout the City probably strategically located, and as we look at becoming 135 4/7/08 - Whole - 080022, 157, 160, 164, 165 more customer-friendly that we would look at all of the staffing. We have six different sites with L&I staff. (Timer bell rings.) COMMISSIONER ELFREY: Absolutely. We need to leverage the resources that we have in the field throughout the City to provide the best service that we can, and that's some of the things that we're looking at.
Good morning and thank you. I'm Councilwoman Tasco, and I just -- I -- probably you've gotten this question about inspections, but I want to talk about the large apartment buildings. We have one building in the 9th District called the Linley Towers, and it has a history of inspection violations and issues. And this has been a long, long, long, long, 136 4/7/08 - Whole - 080022, 157, 160, 164, 165 long-term problem. And they store trash in the wells. At one point, I thought we tried to close this building down, but they continue to operate. And so what follows a complaint? And when you file your -- what follows your inspection and what follows when there are violations and the violations pile up and pile up? And then they're allowed to continue to remain open. DEPT. COMMISSIONER VERDI: Councilwoman, to address that issue, we recently inspected that building two weeks ago, all right? The building -- the case itself is in Equity Court. We were prepared to evacuate the entire building based on complaints that we were getting in reference to fire alarm. The problem with the building is, to evacuate a building with a hundred people is somewhat an issue. 137 4/7/08 - Whole - 080022, 157, 160, 164, 165 We have been working with the owner. The case has got a continued date in Common Pleas Court, and I'll be happy to give you a full report on it when I get back. I'm not quite sure what the attorneys talked about last week. But we do know that the firearm alarm system is back in working order. Most of the property violations have -- are starting to be complied. We have an inspector that's supposed to go up there this weekend again to look at some issues with the management company, but the property is coming into compliance steadily. Unfortunately, it did take quite some time to get that person again into Equity Court, which we did. And we were prepared again to evacuate the building even though it had a hundred residents.
I think we evacuated a building similar -- it may 138 4/7/08 - Whole - 080022, 157, 160, 164, 165 have been the same building -- some years back, and the Department of Human Services helped to evacuate the people and find locations for them. So if that's an issue, maybe we -- have you talk to the Department of Human Services to try and -- DEPT. COMMISSIONER VERDI: Our manager from Housing did talk to Human Services. We also have been coordinating with the Managing Director's Office of Emergency Services if we had to evacuate the building. And, again, the good part of it is, the fire alarm systems and the safety systems are back in working order. Now it's a matter of having the inspectors go through each individual violation with the courts to make sure that the quality-of-life issues are being addressed.
Yeah, but what happens, they go into court, they make these promises, they do a little 139 4/7/08 - Whole - 080022, 157, 160, 164, 165 bit of a fix-up, and then they start the next week back to business as usual. That's why there's such a long history. They continue to collect rent and then they let the services, the quality-of-life services decline, and then we -- it's a constant circle. It's going round and round and round all the time. (Applause.) DEPT. COMMISSIONER VERDI: In this case and other cases, we do notice that's what happens when they have a court case. The court case in this matter, we're asking the Law Department to have a request put in where this case stays open. If, in fact, this person does not stay in compliance, it would be immediately -- we could immediately order him back into court. It's not similar to a Municipal Court hearing; this is a Common Pleas hearing. 140 4/7/08 - Whole - 080022, 157, 160, 164, 165 We can have that added to the order, so we could have an open order that could stand for two, three, four years if we have to, and it's something I have to discuss with the Law Department today, as a matter of fact in reference to --
Who's -- DEPT. COMMISSIONER VERDI: -- allowing us to go back there and --
Who in the Law Department is handling this case? DEPT. COMMISSIONER VERDI: I'd have to get that information for you.
If you could get that to me -- DEPT. COMMISSIONER VERDI: Sure.
-- and would you get me the court date, please? DEPT. COMMISSIONER VERDI: Absolutely.
All right. Thank you. 141 4/7/08 - Whole - 080022, 157, 160, 164, 165 What is the inspection process -- this is an ongoing problem for us also -- in the commercial districts on trash pickup? The Zoning Board of Adjustment, the business owners are told that they're required to have commercial trash pickup for their businesses; however, they do not have commercial trash pickup. And on Fifth Street, they put their trash out on Sunday. And also in some of the other business districts in my district and, I'm sure, in other districts, trash is put out on Saturday. It sits over Sunday if trash is on Mondays. And they're supposed to have commercial trash pickup. What are you all doing to work with these businesses to let them understand what the requirements for trash pickup are? DEPT. COMMISSIONER VERDI: Well, one of the issues -- not only -- 142 4/7/08 - Whole - 080022, 157, 160, 164, 165 the Zoning Board does, in fact, in some cases -- I shouldn't say in all cases -- require commercial trash pickup, but there are some businesses that are not required to go before the Zoning Board. Now, the issue as far as trash pickup, Commissioner, I think that would have to be addressed by the Streets Department.
Yeah, but if they are in violation -- because the Streets Department will pick the trash up. They pack it in such a way that it's not something -- it doesn't look like a bin requirement, so you have these small boxes all along the sidewalk littering the sidewalk. So the Trash Department, when they come by on Monday, they pick the trash up, but they should have commercial bins, they should have large bins for their trash but they don't. 143 4/7/08 - Whole - 080022, 157, 160, 164, 165 This is nothing new; it's been going on for years, ever since I've been there. COMMISSIONER ELFREY: Ma'am, if you'd give us those exact locations or I could reach out to your staff --
I would love to. COMMISSIONER ELFREY: -- today or tomorrow where they are, we'll look into that for you.
Well, why -- what I think ought to happen, there has to be a collaboration between L&I -- COMMISSIONER ELFREY: And the Streets Department.
-- and the Streets Department. COMMISSIONER ELFREY: Absolutely. That's exactly what we --
-- on how you're going to enforce the Code. COMMISSIONER ELFREY: Yes. 144 4/7/08 - Whole - 080022, 157, 160, 164, 165
That's what I think has to happen. COMMISSIONER ELFREY: You're right.
Because if the Trash Department picks it up -- because we're going to call if the trash is not picked up, but the businesses don't have a -- they get away with it, so they don't comply. COMMISSIONER ELFREY: Right.
The other thing about these commercial trash bins, they're supposed to be enclosed, and there's no enforcement. I don't know how long you've been in the department, so these issue are ongoing. COMMISSIONER ELFREY: Three months, ma'am.
I want you to know that this is a problem. Another thing, working with the trash bins -- well, that's your area on the trash bins. They got to 145 4/7/08 - Whole - 080022, 157, 160, 164, 165 be required to have those trash bins, so the trash is out -- (Indiscernible; parties talking over each other.) COMMISSIONER ELFREY: They should have a licensed Dumpster. Those that are required should have a licensed Dumpster. It should be graffiti-free, by the way, and that's --
But there's no enforcement. COMMISSIONER ELFREY: That's a pet peeve of mine. And it also needs to be closed; it shouldn't be overflowing. And, again, we'll get with the Streets Department.
Well, I know you have some staffing issues, but the enforcement and the -- the inspection and enforcement are the two most important things in the L&I Department because the L&I Department, 146 4/7/08 - Whole - 080022, 157, 160, 164, 165 I've always been supportive of you having more staff because you have the greatest impact on the quality of life for people in this city because of the various issues and the areas that you have to cover. So I certainly hope that our mayor will find within his budget to be able to hire more people so that we can take care of some of the issues that my office has been -- I've been here twenty years and these problems are twenty years old. They never get resolved.
Commissioner, a few years ago, this Council passed legislation requiring Dumpsters to be licensed, and Mr. Haigler, I believe, was the person that I was speaking with. And we were 147 4/7/08 - Whole - 080022, 157, 160, 164, 165 told because of the delay for implementation was that it was going to roll out at the beginning of the year. Would you provide to the Chair a report on where we are with the legislation that this Council passed about leaving Dumpsters in the right-of-way, all of the issues associated with Dumpsters. Some contractors will drop them in Center City in the operating line. So that legislation -- and I've been very patient. L&I was telling me that they needed time to get this all together. So if Mr. Haigler, when the Chair feels it's appropriate, because I've seen no 19 improvement, and we have legislation signed by the Mayor, and we still -- and there's Mr. Haigler, so if you could let him hang closer here for a minute -- COMMISSIONER ELFREY: Yeah. And Mr. Verdi's here -- 148 4/7/08 - Whole - 080022, 157, 160, 164, 165
And then when it's my turn again, I would like to get an update on where we are because I don't like wasting my time on this. DEPT. COMMISSIONER VERDI: Councilman, I think you have -- there's two different issues that the Councilwoman is dealing with trash Dumpsters; your issue is construction Dumpsters.
I'm talking about Dumpsters, Dumpsters that are -- DEPT. COMMISSIONER VERDI: These are -- the legislation that Mr. Haigler had passed is in reference to construction Dumpsters.
I'm talking about -- it's about all kinds of Dumpsters. I'm talking about Dumpsters, construction Dumpsters that are -- DEPT. COMMISSIONER VERDI: But that ordinance that -- you just 149 4/7/08 - Whole - 080022, 157, 160, 164, 165 referenced the ordinance. The ordinance that you spoke to Mr. Haigler about is in reference to construction Dumpsters. The legislation was passed and signed by the Mayor, and it is being enforced between the Streets Department and our construction people.
Where's the licenses for the Dumpsters? DEPT. COMMISSIONER VERDI: The licenses for the Dumpsters come through our office but are approved by the Streets Department.
Okay. We need to get together on this because this is a problem. These Dumpsters are all over the place, and they're supposed to have licenses. I ask for the licenses, they say, "Oh, we're waiting for L&I," so I think if there's confusion here, we really need to get our arms around it. DEPT. COMMISSIONER VERDI: Just to give you some background as far as 150 4/7/08 - Whole - 080022, 157, 160, 164, 165 Dumpsters are concerned, if you see a Dumpster on the sidewalk, the Dumpster on sidewalk has to be approved by the Streets Department as a public Dumpster or -- it's not a private Dumpster. If a Dumpster is on private property, it's considered a private Dumpster, and we have the licenses for both of those. The third type of which you're speaking about is strictly to deal with construction debris at a construction site, and that's what that legislation was for. And we'll get you the information.
Okay. Thank you. And I'll come back and talk to you about that. Thank you for that opportunity, Madam Chair.
Thank you very much. The Chair recognizes Councilman Green. 151 4/7/08 - Whole - 080022, 157, 160, 164, 165
Thank you, Madam Chair. I just want to say that you guys are where the rubber meets the road, and that's why we all have so many questions. You know, many of the quality-of-life issue, as Councilwoman Tasco was saying, are affected by how effective, efficient, you know, better, smarter, faster your office is. And so I think we're all looking for ways to recommend solutions or possible efficiencies or advantages that you may consider and decide to take advantage of or not. But I just want to say, you know, my office, every dealing we've had with L&I so far has been extremely positive. You have been effective and efficient. And, you know, I want to acknowledge that and thank you for that and don't want you to think that because we're asking questions on the 152 4/7/08 - Whole - 080022, 157, 160, 164, 165 negative side that -- or, you know, it may sound like criticism, but you should take it as our way of suggesting perhaps how to be even better. COMMISSIONER ELFREY: Thank you, Councilman. I appreciate that. And we're always open to suggestions. We want to think outside the box, and we want to be in a partnership with the citizens of Philadelphia and Council to help us do that. And we welcome --
In particular, your electronic initiatives -- although, I think, for my tastes, we're moving too slowly on something that I applaud you on. You did -- you were one of the first departments to have forms up some time ago in the Street administration, and I think it can bring tremendous savings or perhaps decrease backloads of cases if you -- the more efficient you get 153 4/7/08 - Whole - 080022, 157, 160, 164, 165 with that, and I encourage you to continue that activity as quickly as possible. And if there is not money in this year's budget to make those changes if you could provide what you need for the Chair in order to implement a full paperless system to the extent that that's practicable, that's something that I'm looking to support. Thank you very much for your testimony today. COMMISSIONER ELFREY: Thank you.
Let me just ask you another question. What is the diversity of the staff of L&I?
Currently, we are at -- we have: About 40 percent of our staff is white. 53 percent black. 5 percent Hispanic. 154 4/7/08 - Whole - 080022, 157, 160, 164, 165 percent Asian. And then we have percent are "other." (Laughter.)
That's a category that's established by the Central Personnel Unit. It's THE people that don't actually want to put -- they actually go into the "other" category.
Because, you know, the City is very diverse and if you look at the diversity of the City, particularly when you're dealing with the commercial community, and you look at the racial makeup of the 155 4/7/08 - Whole - 080022, 157, 160, 164, 165 business owners, it would seem to me that we would try to increase that number because we do have a number of Asian merchants where communication is very important. And if we have people who could really communicate with the merchant to work with them on some of the issues, we might have a better response because, you know, they come to the country, they don't know the -- understand all of the laws, and they feel a little intimidated sometimes in responding. So I think if we could find a more effective way to be more inclusive of that community and then deploy those employees to those areas where you have a diverse community and require that connection, that's very important when you're dealing with people. DEPT. COMMISSIONER VERDI: Just, Councilwoman, so you understand, 156 4/7/08 - Whole - 080022, 157, 160, 164, 165 we do take that into conversation, especially the fact that we do have a language line in our concourse and is available at other offices for someone that doesn't speak or doesn't understand English, and it has quite a different variety of Asian dialects. We also have -- we also, if we need to, have the Department of Human Services, and one of the other issues that when our inspectors are out in the field, we do instruct them, if they have a problem with the language issue, that we do sometimes contact the Police Department, who will send us someone that speaks the dialect or language of the person that we're trying to bring into compliance.
Well, it's much more effective if you have somebody on the staff who can speak the language and not have to call the Police Department. Now, when you're talking to a businessman about trash 157 4/7/08 - Whole - 080022, 157, 160, 164, 165 containers and you call the Police Department, in some of the countries they came from, that's very intimidating. So if there's someone on staff who can communicate and educate at the same time about what their requirements are, I think it would be much more effective in terms of getting the results that we would like to have. COMMISSIONER ELFREY: I agree with you, Councilwoman, and we'll work with Central Personnel on that.
At one time, we had asked the mayor Ed Rendell at the time to hire more people in the Commerce Department because they had these business action centers. COMMISSIONER ELFREY: Mm-hmm, the Mayor's Business Action Center.
And we asked them to make sure that there was a diverse staff so that, whether it's 158 4/7/08 - Whole - 080022, 157, 160, 164, 165 Latino or Columbian or whatever, there's that connection 'cause people relate to people they feel comfortable with. COMMISSIONER ELFREY: You're right and we agree.
So that's something I think that would be a good idea. COMMISSIONER ELFREY: Thank you.
Thank you. The Chair recognizes -- is Councilman Clarke around? Maybe he'll come back, but for the moment, we will recognize Councilwoman Sanchez.
Thank you. Let's talk a little bit more about CLIP. And as we move forward with the funding not coming through NTI, how is it that we're looking to -- 'cause we've talked about it and I think the Mayor's talked about it, 159 4/7/08 - Whole - 080022, 157, 160, 164, 165 we've all talked about it and we've all ran on it, expanding a CLIP-like program in other parts of the City because of its intensive service. So what are we doing next year that's going to be different, better? COMMISSIONER ELFREY: In reference to the CLIP Program, that is run out of the Managing Director's Office.
Okay. But it has L&I staff assigned to it? COMMISSIONER ELFREY: Yes. Yes, it is does.
Okay. So then let me ask you, based on L&I's needs and resources. What would you say we could do differently in moving forward on the program to be able to expand it? COMMISSIONER ELFREY: To expand the CLIP Program?
Mm-hmm. COMMISSIONER ELFREY: What we 160 4/7/08 - Whole - 080022, 157, 160, 164, 165 would do differently?
Mm-hmm. Given the resources that we're talking about, is expansion possible? because it would require more L&I support. COMMISSIONER ELFREY: I don't know the answer to that question yet. We would have to know what the expansion would look like, where it would be, and how many folks. I don't feel comfortable answering that question right now, ma'am.
Okay. As it relates to -- again, I'm going to go back to business-compliance issues in looking at cease-operations, I know for a fact that I have a lot of folks who skirt the permit process for a lot of reasons; some of it is financial, other is lack of understanding of the system. And I want to do my part in ensuring people that if they comply, that we will be supportive, but I have 161 4/7/08 - Whole - 080022, 157, 160, 164, 165 encountered situations where we asked people to go through the permit process, which triggers an inspection, which immediately triggers a cease-operations, leaving people frustrated that I'm telling them to go, you got to go get your permits, you got to get your stuff in order. They go in, you know, and then when the inspection is triggered, there's a cease-operation. How can we better close that loop? Because to me, the cease-operation, if there's a public safety measure, is important, but we also are not articulating what compliance issues they need to come -- COMMISSIONER ELFREY: Exactly. And that's a partnership with the community, with City Council, with L&I in the City. We need to do a good job of educating our customers and constituents so that if someone wants to start a business in the City and 162 4/7/08 - Whole - 080022, 157, 160, 164, 165 they're doing due diligence in trying to do the right thing and get the permits and the license, which is, of course, what we want them to do, they have a full understanding of the process is and what they need to comply with and how so it doesn't trigger a cease-operations.
When trigger a cease-operation, what do we do to folks? We go in, we put up that red sticker; what do we do, what do we say to folks? COMMISSIONER ELFREY: Dominic, do you want to -- DEPT. COMMISSIONER VERDI: First of all, Co9uncilwoman, I think it's a misconception on how fast we issue a cease-operations.
Mm-hmm. DEPT. COMMISSIONER VERDI: A cease-operations does not get triggered by someone coming in and asking for a permit. 163 4/7/08 - Whole - 080022, 157, 160, 164, 165
Mm-hmm. DEPT. COMMISSIONER VERDI: The inspection, that process -- if somebody came in and asked for the permit, it's probably 'cause that inspector three or four times prior, before, to look into the process.
Mm-hmm, mm-hmm. DEPT. COMMISSIONER VERDI: And why I say that, if the inspector went out to the location and it didn't have the proper zoning, zoning is usually a three-step processes that will take -- before we issue a cease-operations, there's the initial violation, then there's an intent-to-cease order and an administrative hearing that will call a person into. Then there's an intent-to- cease, which we try to give in that last warning and say, We're coming back in five days if you don't try to follow this process. And then we 164 4/7/08 - Whole - 080022, 157, 160, 164, 165 initiate the cease-operations. If we initiate the cease- operations and the business must be closed, we turn the paperwork over to the Police Department, who then enforce the cease-operations.
Question: In all those times when we say we have an intent, all of the different processes, are we giving to folks in writing what corrective actions they must meet and how they come back and trigger the reinspection? DEPT. COMMISSIONER VERDI: Absolutely. They have a copy of the violation notice. The violation has a phone number. If they do not understand what's in that violation -- and there is a written part of the Code that explains to them what they need to do to come into compliance. There are several phone numbers or one phone number for that inspector on that form, which they can 165 4/7/08 - Whole - 080022, 157, 160, 164, 165 get the information.
Is that phone number regularly answered? And I'll give you an example. I had a situation, and Commissioner Evans had to reassure me where there was in error an eminent domain sign posted. And I told my staff, let's go through the process and call the number. We called the number connectively five days at all different times and never got a pickup. DEPT. COMMISSIONER VERDI: I could tell you the phones at Business Compliance are operational. Between the hours of 8:30 and 4 o'clock every day, someone answers the phones that have anything to do with business compliance. And there's also -- if those phone lines aren't answered, there is -- the businesses are aware that 166 4/7/08 - Whole - 080022, 157, 160, 164, 165 there's licenses -- on their license there's also phone numbers that could be called, and they are answered. (Timer bill rings.)
But this is a personal -- we just did this two weeks ago. DEPT. COMMISSIONER VERDI: I don't know --
And we called at all times. I had them start calling from 8:00 in the morning. We called a different day around 10:30. So I don't know how we do a job -- how do we monitor to make sure those calls are being answered? because then, you know -- DEPT. COMMISSIONER VERDI: Do you have that --
I shouldn't have to call, you know, shouldn't have to ask Eileen Evans just for assurance that it was in error; we knew it was in error. We wanted 167 4/7/08 - Whole - 080022, 157, 160, 164, 165 someone do give us something in writing to assure the owner that it was in error. DEPT. COMMISSIONER VERDI: Could your staff e-mail us or send us that number? And we'll look into why that number wasn't answered.
Yes, we'll share it with you. I would also like to ask -- and I'll come back. All of these packages that we're talking about, I'd like to -- if I can get a sample package of those and I want to say if there's an English and a Spanish one when necessary, when we're giving out some of these -- specifically when we go out and we know that the business owner does not speak English or doesn't do it readily and -- 'Cause I had a situation where a woman was put through Zoning because she was doing an accessory sign outside. She went to the Zoning 168 4/7/08 - Whole - 080022, 157, 160, 164, 165 hearing and did the phone call situation for the translator. And at the end of the day, they told us don't put the sign out. She had spent all of this money and had spent three months in a process when it was just a sign that she sometimes posted her specials on.
Well, I just have to say you have a tough department. (Laughter.) COMMISSIONER ELFREY: And we're up to the challenge.
And we really want to help you. COMMISSIONER ELFREY: We have a lot of good folks at L&I and --
You really do. COMMISSIONER ELFREY: And we have a lot of --
But you don't have enough folks at L&I; that's 169 4/7/08 - Whole - 080022, 157, 160, 164, 165 the problem. COMMISSIONER ELFREY: We have a lot of good folks at L&I that really care and do a good job, and we're going to leverage that.
And I wasn't here earlier, but I see one of the comments that the President had made about your public relations campaign. You know, we've been in Council and we go to the community meetings two and three times a week, and it's the same scenario over and over again. We think the public knows -- they know what to do in terms of their neighborhood. What we lack is enforcement. That's what we lack, enforcement. (Applause.)
So if you have money to spend, I would rather you hire whoever -- more staff to provide 170 4/7/08 - Whole - 080022, 157, 160, 164, 165 the inspections and the enforcement and whatever is needed to make sure that things get taken care of. And then you'll -- the public will know that you are doing your job, 'cause if I have to call five times because there's a problem someplace -- and I won't say I've called five times 'cause you've been real good on responding to us. COMMISSIONER ELFREY: Good. That's good to hear.
But the bad guys kind of outmaneuver you because there are more of them and fewer of you, and they know that it's going to take some time for you to get back out to do a reinspection, so they do what they want to do. So I just -- the department has been very supportive, very responsive to my office, and I wanted to say that, but the system is overwhelming, and we do have a lot of 171 4/7/08 - Whole - 080022, 157, 160, 164, 165 problems in this city. Councilman Rizzo?
Commissioner, I'd like to go back to the construction Dumpsters, and could you assemble the people that you think would be the ones to discuss that with me. COMMISSIONER ELFREY: Sure, absolutely. We'll have the Streets --
Yeah. Two years ago, we had no legislation on construction Dumpsters, where a contractor would put one on a sidewalk, force pedestrians into the street. We had contractors doing demolition or doing remodeling; they would place a Dumpster in the running lane of a roadway. I'd like to know, three years 172 4/7/08 - Whole - 080022, 157, 160, 164, 165 ago, before the legislation, what's different today and the status of that legislation that this Council worked very hard on to deal with the issues. If you're limiting et right now to construction Dumpsters, that's fine with me but we'll find out if it does embrace other Dumpsters that are left on the right-of-way. COMMISSIONER ELFREY: If I may, Councilman,I'm going to ask Otis Haigler to explain the legislation issue, but we'll be more than happy to provide your office and the Council President a full report on where we are with Dumpsters, what has happened in the past, so that you can review that. (Witness comes forward.)
First of all, to Mr. Haigler, Mr. Haigler, you know that I've been dealing with the implementation of this for many, many years now. And out of courtesy to you and to the Streets Department and L&I, 173 4/7/08 - Whole - 080022, 157, 160, 164, 165 I backed off and allowed it to implement on the timeline that you described. Is this legislation implemented today?
Could you describe that legislation and what is required of it? Because earlier, you had questions about enforcement, L&I, Streets, who's responsible. Could you go over it briefly?
And please specifically the licensing and the enforcement of Dumpsters that are especially left and impede the flow of pedestrian traffic and vehicle traffic. And the requirement to cover them I think you added at night; I don't see any of that. But let's listen to what you have to say.
Yes. For the 174 4/7/08 - Whole - 080022, 157, 160, 164, 165 record my name is Otis Haigler, Jr. I'm the Director of Legislative Affairs for the Department of Licenses and Inspections. The legislation that Councilman Rizzo speaks of is legislation that was passed, I believe, about two, three years ago related to construction equipment, and the construction equipment includes construction Dumpsters; the other parts of the equipment was scaffolding and other things that are a part of the public right-of-way. But specifically towards construction Dumpsters, we have implemented that with the Streets Department. L&I's responsibility deals with licensing of the companies. We license the various companies that have construction Dumpsters in their fleet. Now, the requirements of the Code, on that section of the Code, 175 4/7/08 - Whole - 080022, 157, 160, 164, 165 deals with all Dumpsters that are placed in the public right-of-way, not private Dumpsters that's within the property line, not Dumpsters in restaurants, but Dumpsters that are specifically in the public right-of-way that could be used for a variety of issues in the public right-of-way, not necessarily just for construction debris, but it could be utilized for cleaning purposes or whatever, as long as it's in the public right-of-way. We work with the Streets Department. The Streets Department's responsibility there is to issue a permit for the actual placement of the Dumpster in the right-of-way. L&I's responsibility is to license annually the companies, their fleet of Dumpsters, and we issue what we call "fleet licenses" to license the various Dumpsters of every individual company that proposes to 176 4/7/08 - Whole - 080022, 157, 160, 164, 165 put their Dumpster in the public right-of-way. The Streets Department, along with L&I, develops certain regulations to regulate the Dumpsters. As Councilman is aware, there were requirements that they would have reflectors on the Dumpsters. There was a specific requirement that the Councilman requested that the Dumpsters would be covered when they're not in use. There were requirements that there be something placed underneath the Dumpsters. All of those things have been placed in the regulations as a requirement. And, as we know right now, we are enforcing that.
So L&I's role is strictly to license the Dumpsters that are in the right-of-way?
Are -- to 177 4/7/08 - Whole - 080022, 157, 160, 164, 165 your knowledge, how many licenses have you issued?
I don't have the exact number, but I can get back to you with that.
Could you get back to the Chair with that? Commissioners, what I'm trying to get to, we went through a lot of work to get that legislation passed and the other processes. I just want to make sure that the license -- these companies that come into Philadelphia that place those Dumpsters in the right-of-way, that they're doing it according to the regulations, and that's all I would like to catch up with you on, to make sure that when we back away from this issue and start dealing with something else, that at least that's in place. It took three years to get it implemented. COMMISSIONER ELFREY: We don't 178 4/7/08 - Whole - 080022, 157, 160, 164, 165 want to let all of that hard work go to waste, sir, and it's an important quality-of-life issue for the citizens; it's a public-safety issue. And we're with you.
'Cause, you know, there's nothing like this windy weather that we've had recently. A construction Dumpster's left on the highway; the next thing, you have pieces of drywall blowing all over the place, trash all over the neighborhood. COMMISSIONER ELFREY: I agree with you.
And it really -- the regulation needs to be enforced. Thanks for your acknowledgment of that. Thank you, Madam Chair.
Point of information. I think that one of the 179 4/7/08 - Whole - 080022, 157, 160, 164, 165 things that Councilman Rizzo is speaking to -- and I just wanted to add it as we review this whole Dumpster situation. When we issue the permits, when we're giving out those permits, I think there needs to be strong language around the collection and the placement of the Dumpster in the appropriate location. I have several sites in Frankford, for instance, where I have multifamily dwellings and buildings who have the private Dumpster collection. In one case, we've tried work with the manager, but the collection company comes, picks it up, and then leaves it and blocks sometimes two parking spots for folks. So I think in whatever we're giving when we issue some of these commercial Dumpsters needs to really articulate that they are responsible for that Dumpster, or the company that 180 4/7/08 - Whole - 080022, 157, 160, 164, 165 they contract, putting the Dumpster back where it belongs. And I think we've shared with your offices some pictures and examples of where we have had problems historically and if you look at the file. And I just think that, you know, going back to Councilwoman Tasco's point, you know, we keep spinning the wheels on the same, same issue, that we have to figure out how we stop it, because it just -- it seems petty for us to make the same call over and over on one Dumpster, but for the people who live on that block whose two parkings or driveways -- COMMISSIONER ELFREY: It's not petty to them. They live with it everyday and they shouldn't have to.
Yeah. I think we need to look at what we're doing in that permitting process and 181 4/7/08 - Whole - 080022, 157, 160, 164, 165 what can we be doing there to send a strong message that, you know, not only that we're going to cite them but that they comply with this. And I think that the pickup companies, the companies have a lot to do with that. COMMISSIONER ELFREY: Thank you.
Thank you very much. Thank you for your testimony, and we wish you well. Thank you. COMMISSIONER ELFREY: Thank you. MR. McPHERSON: The next department is the Board of L&I Review.
Good morning, Councilwoman Tasco and members of Council. I'm Bridget Collins- Greenwald, the administrative services director for the Department of Licenses and Inspections. I appreciate the opportunity to present the Board of L&I 182 4/7/08 - Whole - 080022, 157, 160, 164, 165 Review Fiscal Year '09 Operating Budget. The Board of L&I Review is requesting a total FY '09 budget of $222,458 in the City's General Fund. For the General Fund breakout, we are requesting: $198,108 in Class 100. $23,722 in Class 200. $628 in class 300. The FY '09 request will fund three full-time General Fund positions comparable to the FY '08 authorized General Fund position level. Thank you. I will be happy to answer any questions you may have.
Are there any questions of this witness? (No questions.)
Thank you very much. Next? MR. McPHERSON: Board of Building Standards. 183 4/7/08 - Whole - 080022, 157, 160, 164, 165
Good morning, Councilwoman Tasco and members of Council. I'm Bridget Collins- Greenwald, the administrative services director for the Department of Licenses and Inspections. I appreciate the opportunity to present the Board of Building Standards Fiscal Year 2009 Operating Budget request. The Board of Building Standards is requesting a total FY '09 budget of $112,792 in the City's General Fund. For the General Fund breakout we are requesting: $112,733 in Class 100 and $59 in Class 200. The FY '09 request will fund two General Fund positions comparable to the FY '08 authorized General Fund position level. I'd be happy to answer any questions you may have.
The Board of 184 4/7/08 - Whole - 080022, 157, 160, 164, 165 Building Standards hears appeals from the construction permits. So if you have an appeal or an opinion you would like on any type of construction permit, it would go to the Board of Building Standards.
By the Mayor, same as the Zoning Board of Adjustments.
Good morning, Councilwoman Tasco and members of Council. I'm Bridget Collins- Greenwald, the administrative services director for the Department of Licenses and Inspections. I appreciate the 185 4/7/08 - Whole - 080022, 157, 160, 164, 165 opportunity to present the Zoning Board of Adjustment's Fiscal Year Operating Budget request. The Zoning Board of Adjustment is requesting a total FY '09 budget of $445,810 in the City's General Fund. For the General Fund breakout, we are requesting: $402,272 in Class 100 and $43,538 in Class 200. The FY '09 request will fund five full-time General Fund positions comparable to the FY '08 authorized General Fund position level. Thank you. I will be happy to answer any questions you may have.
Thank you very much. I see Miss Jaffe is here, who is the Chair of the Zoning Board. Thank you for coming, welcome, and we're glad to see you back on the Zoning Board.
Any 186 4/7/08 - Whole - 080022, 157, 160, 164, 165 questions of the Zoning Board? Councilwoman Sanchez.
Yes. As it relates to the Zoning Board, I know that we're going through several adjustments, but I had a question. When we are reviewing Zoning Board variances, do we look and factor in the history of the business as part of our decision-making process to grant certain variances and expanded uses for facilities?
When we -- when the Zoning Board is making a decision, factoring in a decision, for a permitted use of an existing business or expansion of a current business, do we factor in any of its previous history in terms of noncompliance, Code violations, any of that stuff, when we're issuing variances?
If it appears on 187 4/7/08 - Whole - 080022, 157, 160, 164, 165 the paperwork.