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Minutes

Committee Hearing, May 25, 2005

Philadelphia City Council Committee HearingsMay 25, 2005

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

Councilman Cohen

No. 16

Councilman Nutter

Councilman, last 17 week when we were in the Committee of the 18 Whole, this is the business privilege tax 19 bill that was originally introduced last 20 September. 21 There were amendments last week that 22 changed some of the schedules in the bill, 23 and reduced the five-year cost of the bill. 24 It also eliminated the guaranteed 12-year 25 schedule of reductions and made them only 285 Whole - 5/25/05 five years of reductions and significantly lowered the cost of the bill. We made amendments in the Committee of the Whole last week on this particular bill. So it's already been amended. And at some point, if -- whenever we get to the public meeting, it would, along with all these other bills, be in a position for action by the body.

Councilman Cohen

But the impact of 12 the -- Tell me if I'm right or wrong. The 13 impact of this bill would lessen the tax revenue the City would receive.

Councilman Nutter

I'm sorry. Say that again. Say that one more time.

Councilman Cohen

The effect of this bill would be to lessen the amount of revenues the City could expect from the present schedule of business taxes.

Councilman Nutter

Yes, as compared --

Councilman Cohen

But not as much as the original proposal.

Councilman Nutter

Yes. Yes. Yes 286 Whole - 5/25/05 to both questions.

Councilman Cohen

I now know what the bill is.

Councilman Nutter

Thank you.

Council President Verna

The Chair recognizes Councilman Goode.

Councilman Goode

Councilman Nutter actually circulated what the bill would, quote unquote, cost over a five year period before we had to revisit it. But I think the question that Councilman Cohen is asking can be answered in a different way also, about whether there will be less business tax revenue as a result of this bill. And I don't think that answer is yes. I believe that answer is no. 18

Council President Verna

All right. Is there any other discussion on this bill? (No response.)

Council President Verna

Seeing none, we will now refer to Bill Number 050001, and that is the capital budget. MR. McPHERSON: Councilman Cohen, Bill Number 050001 is the ordinance that 287 Whole - 5/25/05 Council would be -- if Council approved, would be approving the capital program for the fiscal years 2006 through 2011.

Council President Verna

The Chair recognizes Councilman Ramos. Your light is on, sir.

Mr. Ramos

I'm sorry.

Council President Verna

Okay. Any questions or discussions. You have amendments to offer on the capital?

Ms. Reed

I have amendments to offer and also testimony.

Council President Verna

On the capital?

Ms. Reed

Yes, capital program and budget.

Council President Verna

Thank you.

Councilman Kenney

Point of information.

Council President Verna

Yes, sir.

Councilman Kenney

Madam President, we're being handed now proposed amendments to Bill 050001. 288 Whole - 5/25/05 Where are these amendments emanating from? Are these amendments that have been generated by Council in our discussions or are these the Mayor's amendments?

Council President Verna

The Mayor's.

Councilman Kenney

Okay. I want to make sure that we're clear because, I mean, there's been a lot of discussion over -- a lot of discussion over the past number of months relative to changes in the budget, capital and operating. And we're being handed this stuff without any kind of authorship on it. And I want to make sure Council members are clear as to where these are coming from and where they're not. So I want to make it clear that these are the Mayor's proposed amendments to the capital budget. I assumed earlier when we received this marked-up copy of the operating budget, these are also the Mayor's proposed amendments to the operating budget.

Council President Verna

Yes. Yes. 289 Whole - 5/25/05

Councilman Kenney

I would like to have the Chair make that clear, that whatever the sergeant-at-arms is distributing, you know, is coming from the second floor, not from the fourth.

Council President Verna

Yes.

Councilman Kenney

I appreciate it.

Council President Verna

And I think it was stated by Miss Reed that she is circulating the amendments now, and you also have testimony.

Ms. Reed

Yes, ma'am.

Councilman Kenney

Thank you, Madam President.

Council President Verna

Thank you. Miss Reed, please proceed.

Ms. Reed

Good afternoon, Council President and members of Council,

Councilman Kenney

Good evening.

Ms. Reed

My name is Diane Reed, and I'm the Budget Director of the City of Philadelphia. I appear before you --

Council President Verna

Excuse me. 290 Whole - 5/25/05 Do you have copies of your testimony?

Ms. Reed

Yes. They're being circulated.

Council President Verna

I don't have a copy.

Ms. Reed

Here's an extra copy.

Council President Verna

Does everybody else have a copy?

Councilman Kenney

No. 11

Council President Verna

Give it to the Councilman, please. Do all Council members have a copy of Miss Reed's testimony? Please proceed.

Mr. Reed

I appear before you today to offer testimony on Bills Number 050001 and 050002 which propose to establish the City's fiscal year 2006 to '11 capital program and capital budget and the fiscal '06 capital budget. Today we propose modifications to add additional appropriations necessary to carry forward all unobligated funding from the fiscal '05 appropriations, and we ask 291 Whole - 5/25/05 that you treat these bills as companion bills. In this proposed amendment, all unobligated general obligation PICA and revenue bond capital appropriations have been carried forward from prior years, with few exceptions. These exceptions fall mainly into four categories: One, unspent appropriations for which projects have been completed under budget; two, aviation projects that were either funded with other sources or completed; three, water payroll costs which do not carry forward; and four, state and federal grant appropriations which did not materialize. There are a large number of projects that have been included in the carry forward budget at the direct request of City Council members. I can assure the members of Council that all the remaining funding for these projects have been included in the carry forward amendment proposed today. 292 Whole - 5/25/05 This recommendation does not include the lapsing of any unencumbered funding for projects of this nature, whether or not those projects have been completed. Other than the addition of the carry forward appropriations, there is one other proposed modification to Bill Number 050002 as introduced. The requested modification is to add a general obligation appropriation of $1 million in fiscal '06 for improvements to existing facilities. I would be happy to answer any specific questions that Council may have related to the recommended capital budget and program as presented. Thank you.

Council President Verna

Miss Reed, is the $7 million that Council approved in '05 being carried over to '06?

Ms. Reed

Yes, it is.

Council President Verna

Can you tell us what page it's on, so that we could... 293 Whole - 5/25/05

Ms. Reed

It's in the ITEF section. It's line number 66-A of the program and of the budget. It's a similar line in recreation, 66-A.

Council President Verna

Pages aren't numbered. It's very difficult to find it.

Ms. Reed

You have to go to recreation and then find the line number. Sorry.

Council President Verna

The Mayor has indicated that if we were to do the budget as he submitted, and approved the taxes which he also submitted, that he would be committed to spending the money. I would like to know from you, is that also your understanding?

Ms. Reed

My understanding is that one million of this would be used to fund a capital eligible group of employees who would work on recreation related projects out of the seven million. And it would have to be determined the fate of the other six million.

Council President Verna

That 294 Whole - 5/25/05 wasn't my question. The Chair recognizes Councilman Nutter for a point of information.

Councilman Nutter

Madam Chair, do I understand we're talking about line 66-A?

Council President Verna

I don't know what line we're talking about because they're not numbered. Pages aren't numbered, and I can't find it.

Councilman Nutter

No. I understand that. But this is in ITEF, various facilities? (Unidentified speaker, microphone off, not reportable.)

Councilman Nutter

All right. That's $11 million.

Council President Verna

I'm sorry. What line item is that?

Councilman Nutter

66-A is $11 million. In FY'05. I'm just trying to understand what does that represent. And the discussion that you just had with Miss Reed about a million 295 Whole - 5/25/05 dollars and a commitment to spend it, I found it difficult to follow that.

Ms. Reed

There's $7 million in that which was proposed by Council as an increase.

Councilman Nutter

7 or 70?

Ms. Reed

7 of the 11.

Councilman Nutter

7 of the 11.

Ms. Reed

Yes. And we are proposing that one million of that would be used -- of this carry forward amount would be used to fund capital eligible projects.

Council President Verna

I thought she said --

Ms. Reed

For recreation.

Councilman Nutter

What happens to the other ten?

Councilman Nutter

What happens to the other ten?

Ms. Reed

Four of that is the previously offered amount by the administration, four million.

Councilman Nutter

Miss Reed, I 296 Whole - 5/25/05 have to admit that I literally have no idea what you're talking about. I mean, I just, you know, maybe have reached the maturity level that I could say that publicly. But I just -- I have no idea what you're talking about.

Ms. Reed

Four million of this was budgeted for Councilmanic districts in '05, and the other seven is the amount that Council added.

Councilman Nutter

Okay. And is that four million different than the four million in the line above, in line 66?

Ms. Reed

Yes, it is. Yes, it is.

Councilman Nutter

Okay. So then you said the administration offered four, Council added seven. And of the eleven, you're now saying a million of that is going to some capital eligible pay for employees to do what?

Ms. Reed

To work on capital eligible recreation projects.

Councilman Nutter

Okay. So now I'll get back to the original question, which 297 Whole - 5/25/05 is: What happens to the other ten million?

Ms. Reed

Well, four of that was the amount that was previously budgeted, and the balance is really six, which really needs to be determined.

Councilman Nutter

Well, is it in the budget or is it out of the budget?

Ms. Reed

It's in the budget.

Councilman Nutter

Well, then, what do you mean it needs to be determined?

Ms. Reed

This is the money that was under discussion since, I guess, last year's budget was passed. Right now there is no plan on how to spend this money. The administration would need to work with Council on it to determine how to spend that money, if it's to be spent, the six million.

Councilman Nutter

Why wouldn't you just divide it up, the way you have in the past? I don't understand it. What do you mean you don't know what you're going to do with it?

Ms. Reed

The Mayor had not 298 Whole - 5/25/05 intended that this money would be spent originally from '05. So, it will need to be determined what will happen with the six million. We also have at line --

Councilman Nutter

Well, if the 8 stays where it is -- 9

Ms. Reed

At line 61, they're under 10 the Managing Director's in the Managing 11 Director's section, there is a million dollars added for Councilmanic districts, both in the program and in the budget.

Councilman Nutter

Let me ask this question: If the 11 stays where it is right now, and this gets approved, what happens to it?

Ms. Reed

Well, four of it has already been budgeted to projects. Of the seven that has not been budgeted, one would be used for capital eligible recreation projects, using a special team.

Councilman Nutter

And then, what are you going to do with the other six? 299 Whole - 5/25/05

Ms. Reed

That will not be spent or there would be a determination at some point.

Councilman Nutter

And what are the projects that are funded with the four million dollars? Is this FY'05 money or is this carryover from FY'04?

Ms. Reed

This is FY'05 money carrying over into '06.

Councilman Nutter

And is the carrying over because we were not allowed to spend it or it wasn't authorized for spending or it just hasn't been designated for anything?

Ms. Reed

I think it's been designated but has not been spent.

Councilman Nutter

Okay. And it's been designated for projects already throughout the City?

Ms. Reed

Correct? Not necessarily all of it.

Councilman Nutter

Well, of the $4 million, how much is designated for projects?

Ms. Reed

That would be up to each individual Council person. We do not have 300 Whole - 5/25/05 that information with us, but we can get it back to you.

Councilman Nutter

Okay. All right. Thank you very much.

Council President Verna

I think the question is, why hasn't any of the $4 million been spent?

Ms. Reed

It's possible that some of that has been designated. We just don't have it.

Council President Verna

Why isn't it reflected in what's been presented to us?

Ms. Reed

It's probably because the loan authorization bill did not pass in the spring, but rather in the fall. And none of it was available for spending until January -- December, January '04, '05. These carry forward numbers are as of the end of March. So they didn't all get designated within a three-month period.

Council President Verna

Do we have assurances from the administration that whatever we put into the budget will be spent? And I'm talking about both capital 301 Whole - 5/25/05 and operating.

Ms. Reed

On the operating side, yes. On the capital side, there is still a $6 million amount that will have to be determined. The goal really is, in moving the Council appropriation, is to keep it at the same proportionate level to the overall spending limit for the capital budget each year, rather than having it take a larger share, if it increases in the amount proposed by Council.

Council President Verna

Should we have gotten something like nine million in '04?

Ms. Reed

In '04 Councilmanic -- the ten Councilmanic districts were budgeted for 1.2 million.

Council President Verna

Okay. Is there any other conversation and questions, suggestions regarding the capital budget? Yes. The Chair recognizes Councilwoman Tasco.

Councilwoman Tasco

Back to the 302 Whole - 5/25/05 improvement to existing facilities. Improvement to existing facilities, line 66. Is that $4 million programed out through 2006?

Ms. Reed

I'm sorry, Councilwoman. We didn't really hear you.

Councilwoman Tasco

The improvement to existing facilities, line 66, ITEF.

Ms. Reed

In 02 or...

Councilwoman Tasco

No. The $4 million that's here, '06, 07.

Councilwoman Tasco

That's a carry over from prior years?

Ms. Reed

Are you looking at the program. So, this is '06. And the proposed for the out years.

Council President Verna

It's new money.

Ms. Reed

In that line team.

Councilwoman Tasco

Okay.

Ms. Reed

And as you see, it's marked CN, which is new money.

Councilwoman Tasco

Now, what is 303 Whole - 5/25/05 that four million? Where is that from? That's money you said hasn't been spent.

Ms. Reed

No. This would be new money in the future. This is new money.

Councilwoman Tasco

Okay. Explain to me the $11 million, then.

Ms. Reed

That's a different line. That's line 66-A.

Councilwoman Tasco

Right.

Ms. Reed

And the four million we were speaking of was a different line item. There just happened to be two lines under four million, that have a $4 million component in them. Each line represents a separate budget year.

Councilwoman Tasco

So we have $11 million in N fiscal year '05?

Ms. Reed

Yes. This is an '05, '06 carry over. In '02. In the '02 bill.

Council President Verna

Councilwoman, the $11 million was never spent. Correct?

Ms. Reed

Some of the four million 304 Whole - 5/25/05 of it may have been spent.

Council President Verna

Talking about the million. 5

Councilwoman Tasco

What about the 6 11 million? 7

Council President Verna

We're 8 carrying that over. 9

Ms. Reed

Four million of the 10 eleven million, some of that may have been 11 spent. That is the loan -- is referenced -- with reference to the loan authorization that I mentioned earlier.

Councilwoman Tasco

Well, what about improvement to existing facilities '04, seven million 850. What is that?

Ms. Reed

That's all fiscal 2004 unspent money.

Councilwoman Tasco

So, from...

Ms. Reed

All of the line items in the ITEF section are City Council projects.

Councilwoman Tasco

And that's money that was appropriated but not spent.

Councilwoman Tasco

Okay. 305 Whole - 5/25/05 MISS REED: Each of them is a different year. '05, '04, '03, '02, and so forth.

Councilwoman Tasco

Okay. So, let's go back to the million because I 7 don't understand the 11 million. Maybe a 8 little thick. 9 It was $11 million. Where does $4 10 million come in? Is that the four million in 11 line 66?

Ms. Reed

No, no. This is a line item that has its own characteristics, one of which was four million which was what was in the budget from the administration, an additional seven that Council added. Out of that seven --

Councilwoman Tasco

So four million --

Ms. Reed

-- the administration is now proposing to use one million for special capital eligible projects.

Councilwoman Tasco

Okay. So the four million was proposed by the administration. 306 Whole - 5/25/05

Councilwoman Tasco

And we changed it to seven million.

Councilwoman Tasco

Okay. All right. All right. Okay. So it's $11 million, none of which has been --

Ms. Reed

Some of the four may have been spent. As we said, the loan authorization was late. So, there have only been three months in which any money could have been spent.

Councilwoman Tasco

And they are for projects that are approved by the Council, District Council members.

Councilwoman Tasco

Okay. There are any projects -- any of this money used for any facilities determined by the administration?

Councilwoman Tasco

So all this money is Council money.

Ms. Reed

All Council. Thank you. 307 Whole - 5/25/05

Councilwoman Tasco

I'm done.

Council President Verna

The Chair recognizes Councilman Nutter.

Councilman Nutter

I can come back, Madam Chair, if there are others.

Council President Verna

I'm sorry?

Councilman Nutter

I can come back, if there are others.

Council President Verna

There are no others that I'm aware of.

Councilman Nutter

Sorry.

Council President Verna

All right. Is there anyone else? (No response.)

Council President Verna

Is there any discussion on the capital program? (No response.)

Council President Verna

Seeing no 20 one, we will then consider Bill Number 050002, and that is an ordinance regarding the capital budget. Ms. Reed. We're still in the hearing.

Council President Verna

Miss Reed. 308 Whole - 5/25/05

Ms. Reed

Yes. The amendment is in the Managing Director's line which is a million dollars. Line 51, Managing Director's Office, capital projects various. That has been increased from two million two twenty-five to three million two twenty-five which is a hundred thousand dollars per Councilmanic District.

Councilman Nutter

What bill are you on right now?

Ms. Reed

Both of them, same line in both the program and the budget, 406.

Councilman Nutter

Is the amendment in a separate form or is it within the big document that's been handed out.

Ms. Reed

It's within both big documents on line 51 of the Managing Director's Office capital projects various.

Councilman Nutter

What page is that?

Ms. Reed

Their pages are not numbered. Read the page through the Managing Director.

Councilman Nutter

All right. What 309 Whole - 5/25/05 line?

Ms. Reed

51, capital projects various.

Councilman Nutter

Right. Now I see it. So, where is the amendment?

Ms. Reed

The amount is three million two twenty-five. It previously had been two million two twenty-five. That is the one -- That is the one amendment that can be, you know, clearly identified by changing the amount. The amount of the proposed amendment is $1 million. It has been changed from two million two hundred twenty-five thousand to three million two hundred twenty-five thousand which provides a hundred thousand per Councilmanic district.

Councilwoman Tasco

Say it one more time.

Councilman Nutter

What are you reading from?

Councilwoman Tasco

Citywide facilities, line 51, says three million two 310 Whole - 5/25/05 hundred twenty-five.

Ms. Reed

Correct. And in our previous submission, that was two million two hundred twenty-five.

Councilwoman Tasco

That's wait says here. That's what it says here.

Ms. Reed

(Indicating.) Yes. The amendment is a million dollar. The change is $1 million.

Councilwoman Tasco

So when you submitted the first budget to us, it had how much in it?

Ms. Reed

Two million, two hundred twenty-five thousand.

Councilwoman Tasco

I'm trying to tell you, that's the same thing here on this sheet.

Councilman Nutter

Miss Reed...

Ms. Reed

Not at line 51. You should have... My version has three million, two hundred twenty-five thousand. So, I hope you have the same as mine.

Councilman Nutter

It would 311 Whole - 5/25/05 probably be helpful if you had the strikethrough or something.

Councilwoman Tasco

All right. All right. I'm not hearing you. Thank you. I'm sorry. I'm not hearing you.

Councilman Nutter

Miss Reed?

Councilman Nutter

I think maybe part of the issue is... It's just a suggestion for the future. Even with this kind of document, it might be helpful if -- Normally in an amendment situation we see the strikeout. So if you had reprinted the 2.225 and then replaced it with the 3.225, that may have --

Ms. Reed

We apologize for that. We'll make sure we do that next year.

Councilman Nutter

Okay. It may have been helpful. Thank you. Madam Chair, can I just... Just so we wrap up on the $11 million, and the whole floor discussion and the seven, if this bill 24 moves forward with the $7 million in it, I'm assuming the effect of that is four million 312 Whole - 5/25/05 is guaranteed, a million of the is supposed to go to pay for employees to do capital improvements, and in essence we have authorized $6 million in capital improvements under a category of improvements to existing facilities, for which there is no commitment at the moment from the administration to spend those dollars. Is that the end result of the situation?

Council President Verna

That's correct. That's correct.

Councilman Nutter

Okay.