civus

Committee Hearing, March 29, 2011

Minutes from Philadelphia City Council Committee Hearings, Mar 29, 2011

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Mr. Torres

Well, I'd have to16 get back to you on specific to17 disabled-owned businesses. There were18 ranges set on minority and women-owned19 businesses.20

Councilman Goode

I was using21 a disadvantaged business as a combination22 of minority, woman and disabled.23

Mr. Torres

I'd have to -- I24 can provide you the numbers after today.25 275 3/29/11 - WHOLE - BILL 1101371

Councilman Goode

I'm actually2 looking for to describe the contract3 requirements and what within the contract4 requirements exist in terms of5 subcontracting opportunities.6

Mr. Torres

It was spoken to7 for the contract for -- well, the RFP8 really was for five services -9 over-the-phone interpretation, in-person10 interpretation, document translation and11 training of variety of types, like12 cultural sensitivity, and then the final13 piece was proofreading. So I'm not14 actually sure -- the RFP didn't speak to15 what percentages could actually be parsed16 out to that type of agency.17

Councilman Goode

Did you have18 for-profit firms bid on this?19

Mr. Torres

Yes, for- and20 non-profit.21

Councilman Goode

Were there22 any disadvantaged for-profit firms that23 bid on it?24

Mr. Torres

Yes. We actually25 276 3/29/11 - WHOLE - BILL 1101371 awarded the contract to one -- we awarded2 the RFP to three agencies. One of them3 was Rosales Communications, and they are4 an OEO-certified minority-owned business.5

Councilwoman Brown

Point of6 information. You said Dallas7 Communications?8

Mr. Torres

Rosales9 Communication.10

Councilwoman Brown

Okay.11

Councilman Goode

So there are12 three contracts?13

Mr. Torres

Yeah. In the end,14 there were five services we needed.15 Three contracts were awarded to provide16 those five services.17

Councilman Goode

For a total18 of how much money?19

Mr. Torres

I don't have the20 number offhand. Actually, the Health21 Federation contract is a little bit under22 a million. It's at 882,000. The23 transfer for translations contract, which24 is for document translation, is at about25 277 3/29/11 - WHOLE - BILL 1101371 185K, and the Rosales contract is at2 43,500.3

Councilman Goode

For those4 not-for-profit contracts that exceed5 $100,000, do we know if the firm is6 currently in compliance with the City's7 living wage and benefits standard?8

Mr. Negrin

I don't think we9 know that right now. I'm aware that10 you've asked that question and I know11 that we're going to work to get you that12 information. Obviously we're going to13 comply with what the law requires, and I14 certainly would expect our contractors to15 do the same.16

Councilman Goode

If you could17 just forward all that information through18 the Chair.19

Councilman Goode

Thank you21 very much.22 Thank you, Madam Chair.23

Councilwoman Tasco

Thank you24 very much.25 278 3/29/11 - WHOLE - BILL 1101371 The Chair recognizes Councilman2 Kelly.3

Councilman Kelly

Thank you,4 Madam Chair.5 Good afternoon --6

Mr. Negrin

Good afternoon.7

Councilman Kelly

-- Director.8 Before I have any questions, I just want9 to thank you and your Chief of Staff,10 Brian Abernathy. I know I as well as11 other members -- in fact, Councilman12 Greenlee feels the same as I do, that13 this is an issue with animal care that's14 been overlooked for many, many years.15 And I mean no disrespect for our Health16 Commissioner, Dr. Schwarz, because he has17 had higher priorities. He has to take18 care of the health of all the citizens of19 this city. I understand that. But I20 think by transferring this, as I probably21 urged people to do many years ago, I22 think this is a step in the right23 direction. I think that it's going to24 improve animal care in the City, and I25 279 3/29/11 - WHOLE - BILL 1101371 think with your support and your2 effort -- and I know I want to just3 mention that your Chief of Staff, Brian4 Abernathy, has done a heck of a job.5 He's still working on this problem, and6 with both of your input, I know it's7 going to be a good deal. I really want8 to tell you that firsthand.9

Mr. Negrin

Thank you very10 much.11

Councilman Kelly

Now, since12 it is going to be transferred, I just13 want to get an update on the transfer14 itself, where it is at this point.15

Mr. Abernathy

At the16 beginning of the fiscal year, for the17 first six months, the Health Department18 started to wind down their operations of19 Animal Care and Control as I started20 getting my feet wet, for lack of a better21 term. Beginning January 1, I began to22 take more of a leadership role, both in23 the Animal Advisory Committee as well as24 with ACCT. That is continuing. So the25 280 3/29/11 - WHOLE - BILL 1101371 Health Department and our office are2 still jointly working on Animal Care and3 Control. As of July 1st, beginning of4 the new fiscal year, Animal Control being5 fully within our purview.6

Councilman Kelly

I keep on7 hearing rumors to the effect that the8 current provider of animal care in the9 City may not renew their contract for10 next year or the year after, and I just11 want to know if you have made any plans12 for alternatives.13

Mr. Abernathy

It is our14 understanding that the Pennsylvania SPCA15 would not like to renew. They have16 agreed, however, to stay on for an17 additional six months, January 1st. As18 you know, Councilman, the summer is the19 heavy month for shelter control. So they20 have agreed to stay on through the summer21 as we go through a transition period.22 We're currently exploring what23 potential options there are. Really24 those kind of divide into two categories.25 281 3/29/11 - WHOLE - BILL 1101371 One is working with a new not-for-profit.2 As you know, there's not many3 not-for-profits in the region that could4 handle this type of contract. So it5 would require us to partner with the SPCA6 PAWS to create a new not-for-profit that7 could bid on this type of contract. The8 other alternative is to --9

Councilman Kelly

How many10 years would the contract be for?11

Mr. Abernathy

Well, I think12 that's one of the questions that we need13 to work through. For the last decade,14 there's been four transitions in Animal15 Care and Control. That's a long-term16 concern. I think the continuous17 provision of animal care is important to18 the City and has put everyone in a19 difficult position. The situation that20 Dr. Schwarz took over when he came in to21 office was very difficult, and I think22 Izzat Melhem and his Chief of Staff, Nan23 Feyler, did an excellent job given the24 circumstances, as well as Sue Cosby at25 282 3/29/11 - WHOLE - BILL 1101371 the SPCA.2 My long-term goal is to make3 sure that that type of transition doesn't4 happen again after I'm gone and the next5 Managing Director is here, and that's6 exactly what we're trying to nail down7 and figure out.8

Councilman Kelly

Well, that's9 refreshing to hear, I tell you. I had my10 differences with some of the people that11 you just mentioned, but let bygones be12 bygones. But in any case, I wanted to13 thank you for your effort in this, and I14 will pledge my, of course, full support15 in making the City the first no-kill city16 in the East Coast, and that's what our17 agenda is and our plan.18

Mr. Abernathy

Understand.19 And thank you, Councilman. You and your20 staff have been great to work with, and21 it's appreciated.22

Councilman Kelly

I'd be23 remiss if I didn't mention another person24 and I just saw him here today, is Tom25 283 3/29/11 - WHOLE - BILL 1101371 Conway with the CLIP program. I think2 he's done an excellent job. He has for3 years. He's one of the guys that's been4 overlooked, and I think not enough people5 give him credit where he should get6 credit. But I do think that -- I can7 tell you from my staff and I'm sure there8 are other Councilmembers' staffs that he9 has performed -- he has given us an10 excellent, excellent service over the11 years, and I just wanted to point that12 out. I have no complaints with13 Mr. Conway or his department at this14 point.15

Mr. Negrin

Thank you very16 much. I know Rina is concerned that his17 heading is getting way too big at this18 point. She's over there pinching him,19 I'm sure. But thank you very much. We20 all feel the same way about Tom.21

Councilman Kelly

Tommy owes22 me a beer. Thank you.23 Thank you, Madam Chair.24

Councilwoman Tasco

You're25 284 3/29/11 - WHOLE - BILL 1101371 welcome.2 Next, the Chair recognizes3 Councilman Greenlee.4

Councilman Greenlee

Thank5 you. Thank you, Madam Chair.6 I want to just second7 Councilman Kelly's comments on both. And8 this actually was the longest hearing9 that you've had, the Managing Director10 and the budget, that we haven't mentioned11 Tom Conway. So pretty good.12 Mr. Negrin, I just want to13 bring up something you and I talked about14 on the phone, and I know you had another15 person in your staff -- I don't know if16 she's here today -- that talked to me17 about it, and that was the issue of the18 feeding on the Parkway, feeding of the19 people on the Parkway. And I know you, I20 think, basically -- I just want to make21 sure for the record I'm clear. The22 ultimate goal is to try to find a23 location, not just where folks can get24 food but also to get other services. Is25 285 3/29/11 - WHOLE - BILL 1101371 that basically the long-term or hopefully2 even shorter-term goal?3

Mr. Negrin

I think that's4 exactly right, but I can have Don kind of5 update you on where we are.6 COUNCILMAN GREENLEE:7 Dr. Schwarz? Okay. Sure.8

Dr. Schwarz

Don Schwarz,9 Deputy Mayor for Health and Opportunity.10 Councilman, we have been11 working to identify alternative12 locations, and we have done the13 background work that the City needs to14 do, looking both at the public health15 issues related to feeding. The Law16 Department has worked looking at what has17 happened in other jurisdictions around18 the country, what would need to be in19 place in order to be fair, both to the20 feeders and those who eat, and to assure21 that we could provide continuity for22 them, but in some way regulate the space23 where feeding occurs. We're very24 concerned both about the quality of the25 286 3/29/11 - WHOLE - BILL 1101371 food so that people aren't getting2 sick -- many of these people have no3 place to go -- and concerned about the4 issues related to the environment; that5 is, both what else is going on around6 where feeding occurs and the cleanliness7 and issues related to public health and8 things like rats and other animals.9

Councilman Greenlee

Right.10

Dr. Schwarz

Any location11 would have to be wheelchair accessible to12 people who have any sort of mobility13 issues.14 So we have looked at a large15 number of locations. There have been a16 number of issues with them, but we've17 done the other work and I think should be18 able to move forward in the spring.19

Councilman Greenlee

In the20 spring? Okay. That's encouraging.21 Because we particularly hear -- I know I22 hear, because I don't live that far from23 there, from the Logan Square people. And24 in fairness to them, they're not somebody25 287 3/29/11 - WHOLE - BILL 1101371 that said, Get them all out and all that,2 but they are concerned about a lot of the3 issues you just raised and that is sort4 of their neighborhood.5 But you raise an interesting6 point. You said you looked at other7 cities. Is there one particular city or8 a couple cities that seem to have gotten9 it kind of right, in your opinion?10 You're shaking your head no.11

Dr. Schwarz

The reason to12 look at other cities is because many13 cities have done it wrong. An immediate14 response often is to simply say that the15 good-willed individuals who provide food16 for others are inherently wrong, and that17 approach clearly has neither been18 appropriate nor have the courts upheld19 that kind of approach. We've wanted to20 be sure that anything we did would meet21 the legal test.22

Councilman Greenlee

Sure.23

Dr. Schwarz

And would be24 respectful of the many people who, from25 288 3/29/11 - WHOLE - BILL 1101371 their own heart, want to help others who2 are less fortunate.3

Councilman Greenlee

And4 certainly I wouldn't advocate and I think5 most people -- I wouldn't say everybody,6 but most people are not advocating that,7 but I think you're right. I think8 finding something else.9 And what would be -- last10 question. What would be like ideally11 what you're looking for? You don't have12 to give me -- I know you're not going to13 give me a location, but the kind of14 services if you could design the perfect15 spot, what kind of services would be16 provided.17

Dr. Schwarz

We'd like a spot18 that is reasonably close to where feeding19 currently goes on, so that it's not20 perceived as an inconvenience either to21 the feeders or those who are eating. It22 needs to be a place where folks who are23 coming to provide food feel comfortable24 bringing their car, parking their car,25 289 3/29/11 - WHOLE - BILL 1101371 can safely from their vehicle feed. It2 would need to be a place where we can3 control those who feed, because one of4 the things we're very interested in doing5 is assuring that those people who feed6 are in some way permitted or certified,7 so that we know they've been trained to8 handle food appropriately. We would like9 to be sure that there are public10 restrooms available in some way and11 running water.12

Councilman Greenlee

Right.13

Dr. Schwarz

And adequate14 space for people in an orderly fashion to15 both feed and eat. And then we need to16 have a space that we can clean and a17 space where folks both who feed and who18 eat can be securely let in and let out,19 if you will, or made available and people20 can leave so that no one lingers behind21 in a way that would be harmful to them,22 for instance, or to the place.23

Councilman Greenlee

And24 you're talking about an inside place or25 290 3/29/11 - WHOLE - BILL 1101371 not necessarily?2

Dr. Schwarz

No. We have3 inside feeding locations. The folks who4 choose to feed on the Parkway have not5 wanted to feed indoors, and their belief6 is that many of the people who feed7 outdoors don't wish to eat indoors.8

Councilman Greenlee

What's9 the general reason?10

Dr. Schwarz

I don't know the11 general reason, but I can tell you that12 in other cities, it has been upheld by13 the court that people who have their own14 goodwill feed outdoors should be allowed15 to continue to feed outdoors.16

Councilman Greenlee

I'm not17 talking about the legal. I'm just18 thinking why would people not want to be19 inside, if nothing else, and out of the20 elements?21

Dr. Schwarz

I don't know.22

Councilman Greenlee

Okay. I23 know we can't answer all that today. I24 understand. Thank you. Thank you both.25 291 3/29/11 - WHOLE - BILL 1101371 Thank you, Madam Chair.2

Councilwoman Tasco

Let me ask3 a question before we go to Councilwoman4 Brown. The revenue estimates for the5 Five Year Plan include $1.4 million a6 year generated by the Managing Director's7 Office starting in Fiscal Year 2012 and8 continuing through Fiscal Year 2016 for9 strategic marketing fees. What are these10 fees and will this initiative require11 City Council approval?12

Mr. Negrin

Deputy Mayor13 Cutler is going to answer your question14 in just one minute.15 (Witness approached witness16 table.)17 DEPUTY

Mayor Cutler

Good18 morning -- afternoon. Evening almost.19 Deputy Mayor Rina Cutler, Transportation20 and Utilities.21 We have a new street furniture22 contract which was awarded a short time23 ago, several months ago. We are24 envisioning for this year -- and I25 292 3/29/11 - WHOLE - BILL 1101371 actually brought it, so hang on a second.2 We are expecting -- well, let3 me back up. The previous contract, the4 annual revenue over the past five years5 was roughly about 532,000 a year. We're6 expecting the new contract this year to7 generate about 845,000. It's not a full8 year. And in the second year, somewhere9 between 1 and 1.5 million dollars in10 revenue. So that is the new street11 furniture contract. And I would like to12 say, because we're actually very proud of13 it, that the new street furniture14 contract has a 50 percent DBE rate.15

Councilwoman Tasco

Is that a16 contract that was for three years, or how17 is the contract structured?18 DEPUTY

Mayor Cutler

No. I19 believe it's a one year with two20 one-year renewals -- three one-year21 renewals. You might -- there's actually22 a little explanation here. We actually23 went out with an RFP for a new street24 furniture contract and got no responsive25 293 3/29/11 - WHOLE - BILL 1101371 bidders. We met individually with the2 three or four major companies that do it,3 and the economy was just not right for4 the kind of intense capital investment5 that really needs to happen with a street6 furniture contract. So based on the7 recommendations from the industry, we8 pulled back and said, Let's issue a very9 short-term contract, wait for the economy10 to improve and then go back out again11 with the full-blown contract. So the one12 we advertised and awarded this year does13 not have the kind of capital investment14 street furniture contracts tend to have,15 which is to replace the bus shelters and16 add new ones. So that component came out17 of the contract. And so it was purely an18 advertising/revenue generation until such19 time as the economy improves and we can20 go back out for a full-blown RFP.21

Councilwoman Tasco

Are you22 going to bring that to Council to discuss23 at any point? Could we see the contract?24 DEPUTY

Mayor Cutler

The25 294 3/29/11 - WHOLE - BILL 1101371 current one?2

Councilwoman Tasco

The one3 that --4 DEPUTY

Mayor Cutler

The5 full-blown one is for a five-year period.6 So we will be back. We will be in7 Council when we go out to bid for that.8

Councilwoman Tasco

All right.9 Do you have an OEO component to that?10 DEPUTY

Mayor Cutler

Yes.11 There is a 50 percent DBE requirement,12 and we expect to meet it.13

Councilwoman Tasco

Give us a14 copy of the contract, please.15 DEPUTY

Mayor Cutler

The16 current one?17

Councilwoman Tasco

The18 current one.19 DEPUTY MAYOR CUTLER:20 Absolutely.21

Councilwoman Tasco

Thank you.22 Mr. Negrin, some time ago we23 had a meeting over in Logan. There was a24 meeting in Logan, and you offered to put25 295 3/29/11 - WHOLE - BILL 1101371 up surveillance cameras. Did those2 cameras go up?3

Mr. Negrin

They did. I4 offered to put them up within 30 days,5 and I know they were up before that.6

Councilwoman Tasco

So is7 there any way we could have you review8 those cameras to see -- because the9 problem over there is dumping. Have we10 utilized the cameras to see if we could11 identify those people who are dumping?12

Mr. Negrin

Yes. Tommy Conway13 has actually followed through on that for14 me. I could ask Tommy to come up and15 address that specifically.16

Councilwoman Tasco

There is17 another site. I think I may have sent18 you an e-mail, Newtown Road.19

Councilwoman Tasco

It's cost21 us a lot of money for cleanup. The22 community group that used to do the23 cleanup is not operating because of the24 age of the participants. So we need25 296 3/29/11 - WHOLE - BILL 1101371 something. It's a terrible place in2 terms of dumping.3

Mr. Negrin

Understood.4 (Witness approached witness5 table.)6

Councilwoman Tasco

Hey, Tom.7 Thank you so much.8

Mr. Conway

You're welcome.9 Thomas Conway, Deputy Managing Director.10 With regards to the11 surveillance cameras being placed by, I12 believe it was, a church off of Roosevelt13 Boulevard, we had them placed there14 probably about 30 days. We did not catch15 anybody in -- we didn't catch any license16 plates with regards to apprehension of17 the individuals dumping. It is a wide18 street. It's a wide area. The cameras19 are only really good when you're at a20 dead-end location, whereas you can see21 the car either getting down to the22 location, short dumping, either turning23 around.24 In Pennsylvania, we only have25 297 3/29/11 - WHOLE - BILL 1101371 the license plates on the back of the2 vehicle. So it's very hard to apprehend3 short dumpers, all short dumpers, I4 should say, with regards to the vehicles.5 Therefore, we didn't catch anybody at6 that location.7

Councilwoman Tasco

But you8 did see someone?9

Mr. Conway

We did place the10 cameras there and we did clean up the11 location. We've kept an eye on it. This12 is the location that we do have a weed13 killer contract with regards to the14 outskirts of the Jersey barriers in that15 location.16

Councilwoman Tasco

Okay. All17 right. Thank you very much.18

Mr. Conway

You're welcome.19

Councilwoman Tasco

The Chair20 recognizes Councilwoman Brown.21

Councilwoman Brown

Thank you,22 Madam Chair.23 Quick follow-up to Councilman24 Goode's questions. On the $1 million to25 298 3/29/11 - WHOLE - BILL 1101371 the Health Federation, is that a local2 non-profit?3

Mr. Wilson

Yeah, I believe it4 is. Yes, I believe they are.5

Councilwoman Brown

Might you6 know the name of the Executive Director?7 I'm only checking to see if it's the8 same.9

Councilwoman Tasco

Could you10 speak into the mike, please, to answer11 your questions.12 And Councilwoman Brown, is your13 mike on?14

Councilwoman Brown

Yes. Yes.15 Yes.16

Councilwoman Tasco

Would you17 speak into it, please.18

Councilwoman Brown

Certainly.19

Councilwoman Tasco

Thank you.20

Councilwoman Brown

You're21 welcome.22

Mr. Negrin

So just for the23 record, the name was Natalie Levkovich.24

Councilwoman Brown

So totally25 299 3/29/11 - WHOLE - BILL 1101371 off topic but also can be very revealing.2 As a part of the review process, do you3 look at composition of Boards, the makeup4 of the Board of non-profits that5 ultimately do business with the City?6

Mr. Wilson

Not that I am7 aware of.8

Councilwoman Brown

Okay.9 Well, the reason why I raise that10 question is because I know that there's11 some non-profits that the City does12 business with and the Board in no way13 looks like the City of Philadelphia, and14 that raises red flags for me, because15 then if you reach deep, are they16 Philadelphia residents, do they care17 about Philly. Yet you have a non-profit18 getting these huge profits in the City of19 Philadelphia and they don't look like the20 City where they're being fed. So that's21 why I raise the question.22 And so what I hear you saying23 is that it is not a part of the standard24 operating procedure of department heads25 300 3/29/11 - WHOLE - BILL 1101371 to look at Boards. It's simply not2 something that you think about or look3 to?4

Mr. Wilson

No, not very5 often. I mean, not that I know at all.6

Councilwoman Brown

Okay.7 That's fair.8 This is totally off topic and9 not something I typically ask about or,10 quite frankly, care about, but we get11 this type of question in the office, so I12 need to raise it. It's even awkward for13 me to ask it, but I have to because we've14 gotten -- it's a constituent service15 matter.16 Over the past several years, my17 office has consistently received calls18 regarding the rampant increase in raccoon19 population going on in many of our20 communities, particularly those areas21 around the park. So provide some detail22 regarding the transfer of Animal Control23 to your department.24

Mr. Abernathy

Did you want me25 301 3/29/11 - WHOLE - BILL 1101371 to address the raccoon question2 specifically or...3

Councilwoman Brown

Both.4

Mr. Abernathy

Raccoons5 specifically are actually considered wild6 animals by the state, and our Animal7 Control officers are encouraged not to8 deal with raccoons unless they're9 actually physically within a home.10

Councilwoman Brown

Or a11 backyard or an alley?12

Mr. Abernathy

In a backyard13 or an alley, the state actually14 encourages our Animal Control officers15 not to engage.16

Councilwoman Brown

Is that17 right?18

Mr. Abernathy

Yes, ma'am.19

Councilwoman Brown

So then20 the standard operating procedure for a21 property owner to do is what?22

Mr. Abernathy

There's a23 couple -- they can certainly call 3-1-1.24 It also depends on the specific25 302 3/29/11 - WHOLE - BILL 1101371 circumstance. Raccoons are attracted to2 open garbage. So there's certainly steps3 that -- we're working on putting together4 a pamphlet for property owners to follow5 to deal with the problem of what attracts6 a raccoon to a specific property. And7 the SPCA is working with us on putting8 together that information, which we'll9 certainly distribute when we have it.10

Councilwoman Brown

So the11 when, when do you expect that? And I'm12 asking because we get the question, and13 neighbors who are terrorized by the sight14 of one anyhow really do not know what to15 do.16

Mr. Abernathy

I will get you17 a timeline. I don't have a timeline18 today.19

Councilwoman Brown

Okay.20

Mr. Negrin

And I'll just21 comment, because I don't think this is22 all that silly, because Brian has23 educated me on this quite a bit.24 Raccoons are dangerous animals. If they25 303 3/29/11 - WHOLE - BILL 1101371 are trapped or cornered around someone's2 property, they should call and make sure3 that -- I mean, we'll try to do whatever4 we can. So the state requires us or5 encourages us not to be involved with6 them, but to the extent that they're7 going to have somebody there and try to8 help them with their issue, the City will9 show up and try to help them. I mean, I10 don't want --11

Councilwoman Brown

You said12 the state will?13

Mr. Negrin

The City will.14 And it's a fine line, because we're not15 responsible and we're not going to sit16 here and say that we are, because the17 state specifically tells us not to be.18 But if it's a dangerous situation and19 you've got a raccoon stuck or under your20 porch or in your yard and it's an issue21 that you need help with, you can call the22 City of Philadelphia.23

Councilwoman Brown

Okay.24

Mr. Abernathy

Absolutely.25 304 3/29/11 - WHOLE - BILL 1101371 And I'm going beyond that. Property2 owners are also encouraged to call3 exterminators. There's actually4 exterminators that specialize in raccoon5 removal.6

Councilwoman Brown

I didn't7 know that. And so then what type of --8 after the transfer, what type of changes9 will be made to Animal Control?10

Mr. Abernathy

At the outset,11 very few changes will be made. The SPCA12 will continue to operate the Animal Care13 and Control Center on Huntingdon Avenue.14 Going forward, as the SPCA leaves the15 contract, we will either put together a16 new not-for-profit or provide another17 alternative situation to provide care and18 control for animals.19

Councilwoman Brown

Okay.20 Well, thank you for that. That's it for21 me. Thank you very much.22

Mr. Negrin

You're welcome.23

Councilwoman Brown

Thank you,24 Madam Chair.25 305 3/29/11 - WHOLE - BILL 1101371

Councilwoman Tasco

Thank you2 very much.3 The Chair recognizes Councilman4 Jones.5

Councilman Jones

Thank you6 again and once again for your endurance7 to be able to take this once a year or8 twice a year or whatever it is.9 A couple of quick questions.10 In light of post 9/11 and one of our own11 being selected from the emergency12 management team to go and be a part of13 the federal team, which speaks well of14 the City of Philadelphia, what are our15 current agreements with the eight16 counties surrounding Philadelphia? A lot17 of light was drawn to our commitment to18 Camden and in fact wanted to get a sense19 of what those interlocking relationships20 are.21

Mr. Negrin

The mutual aid22 agreements.23

Councilman Jones

And also24 thank you guys, and particularly the25 306 3/29/11 - WHOLE - BILL 1101371 Deputy Mayor there, for when the floods2 hit Main Street the first time and the3 second time, a freshman Councilman kind4 of panicked. I was like Paul Revere, The5 flood is coming, the flood is coming, and6 had to be educated that you don't --7

Mr. Negrin

The freshman8 Managing Director did as well, just so9 you know.10

Councilman Jones

Well, I11 don't feel alone. Because I had to be12 educated about the fact that you don't13 start the fire trucks pumping until the14 river starts to recede. And so I'm15 yelling at the top of my voice on the16 phone saying, You know, when are we going17 to start those trucks pumping water out18 of there? And I want to thank you for19 calmly explaining to me that if you pump20 it out and it's still pouring back in, it21 will still come back in. And so those22 physics and engineering specs were23 appreciated by a freshman. So thank you.24 But I would like to know about25 307 3/29/11 - WHOLE - BILL 1101371 those emergency management agreements2 and, in light of that, offer some3 suggestions about working with District4 Councilpeople and Councilpeople at-large5 so that at least we don't get in the way6 and so that there is an official7 communication.8 Now, unofficially you did a9 great job. You know how to reach me,10 talked me off of the ledge, the whole11 bit, but it just underscores and brings12 to light that as an elected body, people13 come to us for information, and that14 information should at least be accurate.15 (Witness approached witness16 table.)17 DEPUTY

Mayor Gillison

Thank18 you, Councilman. Everett Gillison,19 Deputy Mayor for Public Safety.20 Yes. We have a number of21 different memorandums of understanding22 with our five county and, as you said,23 eight area, because the MOUs extend not24 only to the counties, Montgomery, Bucks,25 308 3/29/11 - WHOLE - BILL 1101371 Delaware and Chester, but also New2 Jersey, Maryland and Delaware. We have3 been working together with the Southeast4 Task Force where all of these things in5 an emergency management situation is6 practiced. We've been part of that --7 since I took this chair, we've been part8 of that. It's been going on since at9 least 2006 with the previous10 Administration, highlighting what we're11 doing in emergency management. But that12 is something that is ongoing. The Mayor13 has made it a point to work with our14 suburban counterparts, part of the Metro15 Caucus that he has not only been part of16 but helped form. And so from an17 executive to executive positions, those18 things are going on. And at the19 operational level, we maintain an active20 participation in the Task Force as we go21 forward.22 The benefit has been immense.23 We get quite a bit of money through grant24 money through our UASI, allocations from25 309 3/29/11 - WHOLE - BILL 1101371 Homeland Security. I hope one day to be2 able to announce some of the things we've3 been working on for the past three years4 that are just about ready to come into5 fruition, which I think will place us in6 a very key role for homeland security and7 emergency management for this area.8 Philadelphia is the core, and9 we are taking a lot of steps to make sure10 that we work together across the area and11 across the jurisdictions. So those12 things happen. They happen on -- we13 train with people. We communicate. They14 have asked me to come out on many15 occasions, because obviously all of these16 folks, whether it's Police, Fire or17 Emergency Management, report to me. So I18 go out quite often. Not only do I talk,19 but we help train and do tabletop20 exercises. All of that happens and21 happens on a regular basis. But I'll be22 glad to not only give information to the23 Chair, but I can provide it to the24 District Councilpersons or even anyone,25 310 3/29/11 - WHOLE - BILL 1101371 if you'd like to see a list of things2 that are coming up, if you'd like to take3 a look at it.4

Councilman Jones

I guess,5 Mr. Gillison, what I'm thinking more of6 is a briefing that could be provided for7 Council. I share borders with other8 counties. You talk about Montgomery9 County, Delaware County that we share10 borders with. Councilwoman Blackwell,11 Councilwoman Tasco shares borders with12 Cheltenham. It would be interesting to13 know what kinds of relationships we have.14 We have a major water treatment15 plant on City Avenue. If in fact we were16 overwhelmed for some reason, is there a17 relationship with the surrounding18 counties to render assistance to us?19 DEPUTY MAYOR GILLISON:20 Correct.21

Councilman Jones

And22 conversely, is there a relationship where23 if they're overwhelmed. And so to24 understand, without jeopardizing any25 311 3/29/11 - WHOLE - BILL 1101371 homeland security stuff, that a local2 Councilperson is educated about that.3 Second, in cases of disaster --4 and, God, please let there not be any --5 but what is the role of a Darrell Clarke6 in the 5th Councilmanic District? Where7 would he report to? How does he plug in8 to be helpful, if nothing more than to9 dispense information? I know in your10 mind you're saying, Just get out the way,11 but sometimes --12 DEPUTY

Mayor Gillison

I would13 never say that.14

Councilman Jones

But15 sometimes as the public reaches out to a16 Councilman Clarke for information because17 they assume he would know, it is good18 that he's not giving false information or19 bad information or creating a panic. And20 so if we're given those kinds of -- and21 you've done a good job with that in the22 past, but I think it's time to formalize23 that.24 DEPUTY

Mayor Gillison

Okay.25 312 3/29/11 - WHOLE - BILL 1101371

Councilman Jones

And figure2 ways that Councilman Clarke knows that if3 something happens -- I mean, I had a4 disturbing request. Homeland Security5 wanted to know my address post the6 shooting of the Congresswoman, which, you7 know, we live in a real world now, but8 it's important for Councilman Clarke or9 Councilman Greenlee and others to say,10 All right, in cases like this, you might11 want to report to this recreation center,12 this police center to be briefed, and13 that kind of planning prevents chaos in14 bad situations, because all of us know15 what our roles and relationships are.16 DEPUTY

Mayor Gillison

I will17 make sure that that happens. That18 briefing will happen, and I will give you19 the normative stuff. I think in the20 catastrophic area what normally happens21 is, we do have these programs and plans22 that go into effect, and mutual aid is23 ready to go in case of catastrophic24 matters. But I believe that I will take25 313 3/29/11 - WHOLE - BILL 1101371 that to heart and I will provide2 something to the Chair.3

Councilman Jones

We've had a4 shared experience. It was slightly less5 than catastrophic, but during the SEPTA6 strike, we had a railcar come and catch7 fire. Passengers were evacuated safely.8 The emergency management team was on the9 ground, boots on the ground. The Fire10 Department, everyone -- and I had an11 opportunity to share that with you, and12 we were able to put out some positive13 information, because people believed, Oh,14 was this subterfuge, sabotage. We were15 able to dispel that. It was just an16 electrical fire.17 DEPUTY

Mayor Gillison

Right.18

Councilman Jones

But in that19 case, it worked well. In other -- and it20 was less than catastrophic, but it was21 pretty bad. We had to divert traffic. I22 mean, all of those things and steps that23 go into that in a way that could be24 organized a bit better. It happened25 314 3/29/11 - WHOLE - BILL 1101371 well, but suppose there were five of them2 at once.3 DEPUTY

Mayor Gillison

We're4 ready, and we actually practiced -- did5 those kinds of things.6

Councilman Jones

We just7 don't want to be in the way.8 DEPUTY

Mayor Gillison

I9 agree. But I will definitely get that10 briefing to you.11

Councilman Jones

Thank you.12 DEPUTY

Mayor Gillison

Thank13 you.14

Councilman Jones

Thank you,15 Madam Chair.16

Councilwoman Tasco

The Chair17 recognizes Councilman Clarke.18

Councilman Clarke

Thank you,19 Madam Chair.20 Good afternoon.21

Mr. Negrin

Good afternoon.22

Councilman Clarke

You may23 have touched on this. I'm sorry for not24 being here during your entire testimony.25 315 3/29/11 - WHOLE - BILL 1101371 Where are we with the vacant lot program2 in terms of timeline, when we'll be able3 to talk to people about the issues?4

Mr. Negrin

It will be5 interesting for me to see if that's6 changed in the last 20 minutes since he7 talked about that last time.8

Mr. Abernathy

We're still9 working through a number of details, and10 hopefully within the next month or so, we11 can come back to City Council and provide12 those details as we look through some of13 the policies and the recommendations we14 originally put together and some more15 meat on the bones that we've already16 outlined.17

Councilman Clarke

Well,18 details to the level that a person that19 was given a property under the old Gift20 Property Program and somehow through the21 changes of policy over the years are now22 being told that they must pay fair-market23 value for a lot that they have taken care24 of for the last four or five years.25 316 3/29/11 - WHOLE - BILL 1101371 That's the specificity --2

Mr. Abernathy

Sure. We3 can -- if there's a specific case, I4 think both Bridget and I --5

Councilman Clarke

Not a6 specific case. I don't want to deal with7 specific cases.8

Mr. Abernathy

Any application9 that was put through VPRC and already10 approved by VPRC should be transferred11 under the original terms and conditions12 that were originally agreed to.13

Councilman Clarke

Okay.14

Mr. Abernathy

That should be15 happening.16

Councilman Clarke

Has that17 been communicated to VPRC?18

Mr. Abernathy

Yes. That19 should be happening as we speak.20

Councilman Clarke

So anybody21 that had this old agreement --22

Mr. Abernathy

And certainly23 there's a backlog, as everyone in24 Chambers knows. There's a significant25 317 3/29/11 - WHOLE - BILL 1101371 backlog.2

Councilman Clarke

But that's3 a written policy?4

Mr. Abernathy

Yes. A memo5 went out over a month ago to that effect.6

Councilman Clarke

Okay.7 Great. And moving forward, the specifics8 as we move forward will be spelled out in9 the next --10

Mr. Abernathy

I would at11 least provide more specifics than we12 already have in the next -- within the13 next four weeks or so. Obviously there's14 a lot of moving parts here, and as15 everybody knows and we're trying to -- we16 want to get our I's dotted and our T's17 crossed and get it right the first time.18

Councilman Clarke

All right.19 In terms of fair-market sales, will there20 be consistency as it relates to the21 appraisal process? And I tell you why I22 ask this question. I have an individual23 who is currently going through a process24 of acquiring a property, one lot25 318 3/29/11 - WHOLE - BILL 1101371 property, one house lot, vacant lot in2 Strawberry Mansion. They're being told3 that it's $9,000. Three blocks away the4 City is moving to acquire a similarly5 sized parcel, probably the same size, and6 the appraisal is coming back at $16,000.7 So my question is, how does the8 appraisal process work as it relates to9 different agencies? One is the RDA. The10 other is VPRC, which is housed under11 OHCD.12

Mr. Abernathy

And --13

Councilman Clarke

Because14 part of this strategy was supposed to15 have some consistency as it relates to16 guidelines and policy,17 disposition/acquisition. So right now,18 I'm dealing with two properties, same19 size, three blocks away, and you got a20 difference in this particular case of21 $7,000.22

Mr. Abernathy

Sure. And23 there could be a number of reasons for24 the differences in those appraisals,25 319 3/29/11 - WHOLE - BILL 1101371 including location, the surrounding --2

Councilman Clarke

Three3 blocks away.4

Mr. Abernathy

Understood, but5 depending on the properties directly6 adjacent.7 Having said that, appraisals8 should be consistent throughout the9 agencies, and we are creating an appeals10 process for it, because appraisals are11 subjective. There's going to be times12 where those appraisals are -- could be13 interpreted differently. The14 circumstances could be interpreted15 differently, and we need to --16

Councilman Clarke

But, Brian,17 that's what we're supposed to be18 eliminating, because that's been a19 challenge as it relates to the years that20 I've been involved in this, which has21 been a lot. You had these appraisals,22 one block $50,000 and -- give you the23 case of the Cecil B. Moore area, 33rd24 Street, somebody bought a lot for $4,500.25 320 3/29/11 - WHOLE - BILL 1101371 The City goes out and appraises it. They2 want to sell a similarly sized lot for3 $30,000.4 So a part of the issue as it5 relates to what we've asked you guys to6 do and you guys have taken it upon7 yourself to do is consistency in the8 appraisal process, disposition.9

Mr. Abernathy

Councilman, I'm10 agreeing with you. We need to come up11 with consistent appraisal processes and12 consistent appraisals across the board13 and across different agencies. At times14 there are going to be situations where15 your constituent or you disagree with the16 appraisal that the City comes back with,17 and we need to have a release valve, and18 that's something that we don't have19 today. I think most members of Council20 have one situation or another where the21 RDA or Public Property or PHDC come back22 with an appraisal that you think is out23 of whack, and to date, there hasn't been24 a relief valve to take that complaint to.25 321 3/29/11 - WHOLE - BILL 1101371 We need to create that release valve2 to --3

Councilman Clarke

I don't4 want a relief valve. I want a standard5 put in place that you will come up with6 consistent appraisals based on the7 size --8

Mr. Abernathy

We're going to9 do both, Councilman. What I'm saying is,10 we're doing both. Because we might agree11 90 percent of the time. There's going to12 be 10 percent where we're going to have a13 disagreement, and we need to find a way14 to deal with that disagreement.15

Councilman Clarke

When will16 that happen?17

Mr. Abernathy

Again, that --18

Councilman Clarke

The reason19 why I keep pressing this, because I get20 my NTI acquisition form that was sent to21 me two days ago and I'm getting ready to22 sign it and actually saw that it was23 $44,000 was the total, but 20 of it was24 attributed to advertisement, which is25 322 3/29/11 - WHOLE - BILL 1101371 another issue, but the $16,000 is like2 where is that coming from? So I now have3 to make a decision do I sign off on an4 appraisal that I think that's inaccurate5 because we're trying to sell something to6 somebody down the street for 9,000 or run7 the risk of blowing the deal where we're8 going to build 30 houses on the 28009 block of Oakdale Street? So it's a10 little sense of urgency.11

Mr. Abernathy

I understand12 that, Councilman, and in that case13 specifically, we're not going to have a14 policy that's going to be able to address15 your case specifically in a timely manner16 that's going to be able to solve your17 problem. I'm not going to pretend that18 we're going to.19

Councilman Clarke

Do I go to20 the release valve?21

Mr. Abernathy

And, again,22 we're putting that in place, Councilman.23 We don't have it right now. We can take24 a look at both appraisals --25 323 3/29/11 - WHOLE - BILL 1101371

Councilman Clarke

Let me cut2 to the chase. What do I do with this3 situation?4

Mr. Abernathy

That's why I5 said, if you were interested in a6 specific circumstance, let's take a look7 at it and see if we can't solve it.8

Councilman Clarke

All right.9 Okay.10 With respect to one of the11 issues that unfortunately I have to deal12 with on a consistent basis, this whole13 vacant lot, maintenance, cleaning, the14 whole nine yards, and I always see in the15 testimony a reference to CLIP, which for16 years we've talked about having a17 citywide strategy utilizing CLIP, but we18 just can't afford it. At some point I'd19 like to see us come up with something20 under CLIP and above where we are, so21 maybe we can expand our opportunities.22

Mr. Abernathy

Sure. I23 actually think if I can get Bridget to24 come up and kind of talk through our25 324 3/29/11 - WHOLE - BILL 1101371 enforcement strategy.2

Councilman Clarke

That's a3 follow-up to this particular question,4 but sure.5 (Witness approached witness6 table.)7

Councilman Clarke

What I'd8 like to have from you all, if you go back9 this far in terms of detailing the10 equipment, the amount of equipment, be it11 vans for transport, heavy equipment or12 all of the things that the guys with13 those trucks with the big box -- I don't14 know what you call them -- to carry all15 of the equipment that the vacant lot16 guys, as we refer to them as, the17 equipment that they had ten years ago18 versus where we are. The assumption is19 that it's decreased dramatically based on20 what I've heard from the guys and all the21 people associated with the program, in22 addition to which the reduction in person23 power over that same year, ten-year24 period, and I'd like to see that in25 325 3/29/11 - WHOLE - BILL 1101371 writing. You can give me an answer now,2 because I want to start documenting some3 of the reductions as it relates to4 equipment and person power.5

Mr. Conway

When we first6 started the vacant lot program back in7 2001, 2002, we had roughly 100 people for8 the vacant lot program alone. Right now9 we have about 42.10 With regards to the equipment11 that you're talking about, they're12 enclosed trailers that we have that we13 use for transporting the equipment. The14 equipment consists of swishers, which are15 basically weed whackers on wheels; DR16 mowers, which you see commercials on TV,17 which are them orange machines that work18 very well; and just regular weed19 whackers. And then we do have one20 front-end loader, one dump truck and four21 trash trucks, but that's for the entire22 programs that we have, including CLIP,23 vacant lot and the community services24 program.25 326 3/29/11 - WHOLE - BILL 1101371

Councilman Clarke

What's the2 reduction from 2001 to 2011?3

Mr. Conway

For4 equipment-wise?5

Councilman Clarke

All of6 those categories. And if you don't have7 the specific --8

Mr. Conway

Yeah. I don't9 have all the specifics right now, but a10 lot of the equipment is still the same11 equipment that we've had from the very12 beginning.13

Councilman Clarke

Same14 amount?15

Mr. Conway

Well, no. We've16 lost equipment. We have lost equipment.17

Councilman Clarke

That's what18 I'm asking. I'm trying to see the19 decline in your capability. Because, I20 mean, you know, I do talk to these guys.21

Mr. Conway

We can -- I can22 provide you with the information, but,23 again, I did put a wish list together for24 Fleet Management.25 327 3/29/11 - WHOLE - BILL 1101371

Councilman Clarke

I need to2 get that document and send it through the3 Chair on all of the equipment and4 personnel losses for the last ten years.5

Mr. Conway

Okay. The one6 good point is with regards to Fleet7 Management, I will put a shout-out to8 Jimmy Muller. Our power washers for the9 Anti-Graffiti Network when I started in10 1996, we still have two of them11 operational, which is pretty impressive.12