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Minutes

Committee Hearing, October 7, 2009

Philadelphia City Council Committee HearingsOct 7, 2009

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COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON PUBLIC SAFETY - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, October 7, 2009 1:10 p.m. - - - PRESENT: COUNCILWOMAN JOAN L. KRAJEWSKI, VICE-CHAIR COUNCILMAN DARRELL L. CLARKE COUNCILMAN WILLIAM GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN FRANK RIZZO BILL 090577 - An ordinance authorizing the Mayor, on behalf of the City, to execute the "Southeastern Pennsylvania Mutual Aid and Intergovernmental Cooperation Agreement"... - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2

Councilwoman Krajewski

Good afternoon. The Committee on Public Safety is now in session. Will the Clerk please read the title of the bill.

The Clerk

Bill 090577, an ordinance authorizing the Mayor, on behalf of the City, to execute the "Southeastern Pennsylvania Mutual Aid and Intergovernmental Cooperation Agreement," by and between the City of Philadelphia and Bucks, Chester, Delaware and Montgomery Counties, under certain terms and conditions.

Councilwoman Krajewski

Thank you. Is someone from the Administration here to testify? (Witnesses approached witness table.)

Ms. Tierney

Should I start?

Councilwoman Krajewski

I understand that you have a statement?

Ms. Tierney

Yes. That's 3 10/7/09 - PUBLIC SAFETY - BILL 090577 correct.

Councilwoman Krajewski

Is this it? Four pages here?

Ms. Tierney

Yes, but my testimony --

Councilwoman Krajewski

Well, most of this could be read into the record.

Ms. Tierney

My testimony is actually -- there's an appendix to my testimony that I won't be reading. There's a short statement I will read.

Councilwoman Krajewski

Okay.

Ms. Tierney

My name is MaryAnn Tierney. I'm the Deputy Managing Director for Emergency Management. This is Edward Atkins. He's the Director of Emergency Services for Chester County, and he will also be providing a brief statement as well. I want to thank Chairwoman Miller and the members of the Committee on Public Safety as well as the other Councilmembers present today -- 4 10/7/09 - PUBLIC SAFETY - BILL 090577

Councilwoman Krajewski

Do you want to pull the mike a little closer to you?

Ms. Tierney

Sorry. (Continued) -- for holding a hearing regarding the needed changes to the Southeastern Pennsylvania Mutual Aid Agreement. The version of this agreement you have before you incorporates specific changes that are necessary if we are to improve the overall effectiveness of the current agreement. Appended to my testimony is supporting information as to why this is important for local governments to enter into mutual aid agreements, as well as some examples as how mutual aid agreements have, or could have, enhanced the response to previous disasters. This appended information puts our request for formal approval of the proposed budget into overall context. In May 2005, the City of Philadelphia and the four other counties in Southeastern Pennsylvania entered into 5 10/7/09 - PUBLIC SAFETY - BILL 090577 a mutual aid agreement to establish a task force to coordinate homeland security-related efforts in the region as well as a system for providing assistance during emergencies. This was prompted by a Commonwealth requirement to have such an agreement in place in order to receive federal homeland security grant funds. Since 2005, many changes have occurred that necessitate a revision to this agreement. First, the complexity and requirements of the federal homeland security grant program have increased dramatically and the 2005 agreement lacked some of the organizational elements now articulated in the revision. Specifically, items numbered 3 through 19 in the revised agreement provide for more detail on the management of the task force than existed in the 2005 agreement. Second, the 2005 agreement stipulates that Bucks County will serve as the fiscal agent of the task force. 6 10/7/09 - PUBLIC SAFETY - BILL 090577 Bucks County no longer wishes to serve in this role and, as such, the agreement must be revised. Items numbered to 5 16, 18 and 19 address this. 6 Third, the 2005 agreement does 7 not clearly articulate the need for 8 parties to cooperate in emergency 9 planning, training and exercise 10 activities to support the region's 11 preparedness or to share information, 12 whether that information is in hard copy 13 or electronic form. This is addressed in items numbered 21 and 22 of the revised agreement. Fourth, in 2008, the Commonwealth enacted Act 93 of 2008, which I have copies of if you would like a copy, which establishes a statewide mutual aid system. Many of the provisions in this new law are not reflected in the 2005 agreement. In addition, the 2005 agreement lacked sufficient detail to organize an effective mutual aid response. Items 7 10/7/09 - PUBLIC SAFETY - BILL 090577 numbered 22 through 36 in the revised agreement address this. Fifth, and lastly, the 2005 agreement specifically precludes reimbursement for mutual aid response costs. This stipulation is not contained in the revised agreement. Three of the five signatory counties have already approved the revised agreement. Those are Bucks, Chester and Montgomery Counties. In order to keep the process of revision moving forward in a timely manner, we request prompt action on the part of Council to approve the revised agreement. The City has a vital interest in a number of fiscal issues that directly affect the ability to move forward in improving overall regional emergency response capabilities. Ratifying this revised mutual aid agreement is vital to establishing a clear communications chain for requests, organizing the request, deployment and 8 10/7/09 - PUBLIC SAFETY - BILL 090577 demobilization process and identifying a mechanism for cost recovery. In addition, this revision is an important evolution in the region's preparedness posture and will allow the region to continue its important work to ready first responders and communities for emergencies and disasters of any kind. Once again, thank you for the opportunity to testify. I welcome any questions you might have on this important matter.

Councilwoman Krajewski

Thank you very much. I believe, Mr. Edward Atkins, we can have your testimony read into the minutes. All right?

Mr. Atkins

That's fine.

Councilwoman Krajewski

You're in favor of the bill?

Mr. Atkins

Yes, ma'am, I certainly am.

Councilwoman Krajewski

Okay. Thank you very much for coming in. 9 10/7/09 - PUBLIC SAFETY - BILL 090577 Are there any questions from members of the Committee? (No response.)

Councilwoman Krajewski

Seeing none, thank you. That ends our public hearing -- or is there anyone here to testify against this bill? (No response.)

Councilwoman Krajewski

Seeing none, okay. Is there anyone else here to testify? (No response.)

Councilwoman Krajewski

Okay. That ends our public hearing on Bill 17 090577. Now we will go into our public meeting. The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Madam Chair. I move that Bill No. 23 090577 be reported out of this Committee with a favorable recommendation and, further, that the rules of Council be 10 10/7/09 - PUBLIC SAFETY - BILL 090577 suspended to allow for first reading at our next session of Council. (Duly seconded.)

Councilwoman Krajewski

All those in favor? (Aye.)

Councilwoman Krajewski

Opposed? (No response.)

Councilwoman Krajewski

Therefore, Bill 090577 will be reported out of this Committee with a favorable recommendation, with a suspension of rules so as to permit first reading at our next session of Council. Thank you. (Committee on Public Safety concluded at 1:20 p.m.) - - - 11 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on October 7, 2009, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)