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Minutes

Committee Hearing, May 12, 2004

Philadelphia City Council Committee HearingsMay 12, 2004

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Organizations mentioned

Mr. Schwartz

Well, all right. But that is my concern.

Councilman Nutter

Right.

Mr. Schwartz

That over the next -- Well, the $288 million is beyond -- you know, unexpected beyond that. You know, we just led to that, and now we have this. So my concern is, how do you get hold of the spending side of this, to be able to do the tax reductions in a way that doesn't create devastation. That is my concern. And my commitment in the one area that I do know a little bit about, namely, 572 Whole - 5/12/04 - Operating Budget the reduction of crime --

Councilman Nutter

But isn't your concern resolved by --

Mr. Schwartz

-- at the same time on that set of questions.

Councilman Nutter

But isn't your concern resolve by the fact that if in the next year we haven't gotten ahold of the spending issues, then at budget time we would just stop the schedule? We could eliminate the rest of the schedule.

Mr. Schwartz

You could. But meanwhile --

Councilman Nutter

Why do you have so little faith that we would do that?

Mr. Schwartz

Because in the five-year plan, that has to be projected now, what will happen a year from now.

Councilman Nutter

I understand that.

Mr. Schwartz

Well, but then I think that we're putting into a five-year plan assumptions about service cuts that would be devastating on their face. 573 Whole - 5/12/04 - Operating Budget

Councilman Nutter

But they're in out years in the plan. It doesn't mean that they're --

Mr. Schwartz

No. I think that the amount -- The amounts, in fact, would go pretty -- Given... I'll look at this. It's an interesting question, in terms of what I think it would represent next year.

Councilman Nutter

You put a significant service cut in the five-year plan two years out. What I'm taking from you is somehow belief that that's automatically going to happen.

Mr. Schwartz

No. It's an assumption.

Councilman Nutter

Is that what you're saying?

Mr. Schwartz

Whether it's in or out, I think the objective would be not to -- not to -- I mean, to -- to be able to preserve as much as we can, and to get the full benefit of the revenues that are created.

Councilman Nutter

But it's in 574 Whole - 5/12/04 - Operating Budget later years. And isn't that all just a function of... Have you had a discussion with PICA about any of this?

Mr. Schwartz

I asked PICA only one question. It wasn't a long discussion. And that question was: Does the budget have to be in balance over the five-year period --

Councilman Nutter

Of course it does.

Mr. Schwartz

-- for you to approve it? And do you have to have confidence in what you see as a reasonable basis for making that decision? And the answer was yes. I just --

Councilman Nutter

Of course the answer was yes.

Mr. Schwartz

Well, I just -- It's been a while since I -- You know, you're here all the time. I am not --

Councilman Nutter

Well, I mean, Joe Vignola testified to that at the beginning of the budget process.

Mr. Schwartz

Well, I wasn't here 575 Whole - 5/12/04 - Operating Budget for that hearing.

Councilman Nutter

Okay.

Mr. Schwartz

So, I mean, the question at that point is, what does it look like, and --

Councilman Nutter

And suppose the City Administration presented a five-year plan that was balanced and had out-year unspecified cuts, which that line has been in every five-year plan since we started doing five-year plans, that line, that language. Unspecified targeted cuts is a staple of the five-year plan. It's had upwards of $50, $60 million a year in it. Every one of those five-year plans has been approved.

Mr. Schwartz

I am not -- Yes, but the difference is -- And this is where the last four years is relevant -- The levels of cutbacks that we are facing now are dramatically higher than what you've had to deal with in the last five years because there's been a surplus. And at a moment 576 Whole - 5/12/04 - Operating Budget when we have --

Councilman Nutter

Which has been spent.

Mr. Schwartz

Wait. See, what is relevant --

Councilman Nutter

Which has been spent away, which by your own testimony -- You never came in here and said anything about it or raised any concerns about it. What did people think was going to happen when you spend up all the money?

Mr. Schwartz

Well, Councilman...

Councilman Nutter

What; it just magically reappears? What is it, like a candle that goes out and it comes back on like itself?

Mr. Schwartz

That's correct. So that's between... you know, here. I'm merely saying that this is where we are now. And it didn't happen.

Councilman Nutter

Right.

Mr. Schwartz

So the question is --

Councilman Nutter

This is where we are now. 577 Whole - 5/12/04 - Operating Budget

Mr. Schwartz

And let me just say --

Councilman Nutter

And we've got two different reports that indicate that if we don't do something different, we're going to be in a worse place.

Mr. Schwartz

But if I --

Councilman Nutter

So tell me when. When do we do something? Give me a date.

Mr. Schwartz

You start now --

Councilman Nutter

Because we know next Thursday, according to Dr. Madden, we'll be in sixth place. They figured that out. So you tell me: When are we going to do something different?

Mr. Schwartz

Well, I think, in fact, the reduction of the wage tax, the reduction of business taxes, the reduction of the business... the single factor apportionment, the movement toward a real real estate reform system, at a moment when a City like ours is experiencing significant fiscal crises, is quite different from what we have done and what 578 Whole - 5/12/04 - Operating Budget other cities are doing. You find me another city in the United States -- maybe there is -- that has embarked on a serious tax reduction program, that is now being amplified by our recommendations, when there is simultaneous --

Councilman Nutter

You show me another City has an array of taxes like we have, that has the highest wage tax, highest tax burden in the --

Mr. Schwartz

Councilman --

Councilman Nutter

-- United States of America.

Mr. Schwartz

Councilman, I --

Councilman Nutter

Show me -- Tell me another City.

Mr. Schwartz

Councilman, I spent a year working on this problem.

Councilman Nutter

Right. And the answer is? There aren't any.

Mr. Schwartz

Agreed. So, I did this for a year. It's not like, you know, it was something that I intended to do for 579 Whole - 5/12/04 - Operating Budget a year. I did it for a year, out of my concern --

Councilman Nutter

Well, I think you volunteered for it.

Mr. Schwartz

-- for that problem.

Councilman Nutter

No one made you do it.

Mr. Schwartz

But you see, Councilman, I will come back to where I started. I was here during the three years when this government went under, and I listened to similar vehement arguments...

Councilman Nutter

Right.

Mr. Schwartz

...from behind the scenes.

Councilman Nutter

And I was here --

Mr. Schwartz

Councilman, let me finish.

Councilman Nutter

And I was here for the first four years when it recovered.

Mr. Schwartz

Yes. That was much different.

Councilman Nutter

So we have 580 Whole - 5/12/04 - Operating Budget slightly different perspectives on this.

Mr. Schwartz

You bet. Because what my perspective was is that everybody had a vehement and adequate argument about what we needed to do that was totally --

Councilman Nutter

Well, Mr. Schwartz, we --

Mr. Schwartz

-- incompatible with the --

Councilman Nutter

-- we didn't almost go under because we were cutting taxes.

Councilman Nutter

As a matter of fact --

Mr. Schwartz

At that --

Councilman Nutter

-- I think in those years, as I recall the campaign of 1991, I think the facts are is that the City raised taxes 19 times in the previous ten-year period, and you still had financial problems.

Mr. Schwartz

Yes. In those days the issue was the fact that we had 581 Whole - 5/12/04 - Operating Budget inherited a whole bunch of social problems for which the City had to take responsibility or face --

Councilman Nutter

Raising all those taxes sure didn't take us out of the problem, did it?

Mr. Schwartz

No, it did not. Well, it did immediately. But all I'm saying is, even with all of that --

Councilman Nutter

Yeah.

Mr. Schwartz

-- the City went --

Councilman Nutter

It's like an injection of sugar.

Councilman Nutter

It wakes you up for a moment and then you go right back to sleep. You get a short-term bump in revenues, and then everybody else figures out: You know, these people are just taking more money out of my pocket, and I'm going to leave. And so the next year you have less revenues, which causes you to raise taxes again. It's an endless spiral downward. 582 Whole - 5/12/04 - Operating Budget

Councilman Nutter

That's what happened.

Mr. Schwartz

And all I'm saying is that what really happened beyond that is that you had various people who thought whatever we were doing we could afford. And it was perfectly okay to vote for mutually inconsistent -- And the Mayor signed them. And two or three years of that, that projecting deficits into the future, which was the centerpiece of it, whether or not it had anything to do with lowering taxes, which it clearly didn't because Betsy Reveal was attempting to get us to raise taxes to meet deficits. But the central issue was in a way what we're discussing. It was a decision that you could project a deficit forward. And so in 1988 we could project that deficit to '89. And in 1990 we could project it into '91. And in '91 -- And we could borrow our way out of it, and we 583 Whole - 5/12/04 - Operating Budget could use creative techniques. Charley McPherson at that point was working for the Mayor, and I was --

Councilman Nutter

We did actually borrow our way out of it.

Mr. Schwartz

Well, yes, in the end --

Councilman Nutter

That's why we have an agency called PICA.

Mr. Schwartz

-- by imposition. But the --

Councilman Nutter

It's the undiscussed thing. If you borrow a billion dollars in a short period of time, your finances will improve, too. That's what we did.

Mr. Schwartz

I'm well aware of that.

Councilman Nutter

Which is what helped to --

Mr. Schwartz

But Councilman --

Councilman Nutter

-- build up the --

Mr. Schwartz

-- what I am 584 Whole - 5/12/04 - Operating Budget saying --

Councilman Nutter

-- $285 million surplus.

Mr. Schwartz

-- is the Council --

Councilman Nutter

The problem here is, you've got a bunch of people who are so scarred by the past that they can't figure out what the hell to do in the future.

Councilman Nutter

That's what the problem is.

Mr. Schwartz

Well, you may say that. What I see is, in fact, a period of time of time in which people said we could put our problems, and handle deficits, and they were doable and soluble.

Councilman Nutter

I know.

Mr. Schwartz

There was a difference --

Councilman Nutter

Now we're saying we're going to --

Mr. Schwartz

There was a different --

Councilman Nutter

Now we're saying 585 Whole - 5/12/04 - Operating Budget we're going to put off tax --

Mr. Schwartz

There was a different set of reasons --

Councilman Nutter

Now we're saying we're going to put off tax reform --

Mr. Schwartz

-- for the deficit.

Councilman Nutter

-- because things are just a little better.

Mr. Schwartz

That's exactly what I hear here. We are looking now at a budget that has got lots of problems, and we're saying, don't worry about it because you'll get --

Councilman Nutter

Nobody said don't worry about it.

Mr. Schwartz

-- put into the five-year plan. We will put into the five-year plan --

Councilman Nutter

Mr. Schwartz --

Mr. Schwartz

-- some general language --

Councilman Nutter

Mr. Schwartz, do I need to remind you how you got to be on the Tax Reform Commission, whether you 586 Whole - 5/12/04 - Operating Budget wanted to be there or not? Some of us didn't say, don't worry about it. Some of us said, let's have a more systematic, organized process to put something together. That's why we had a Tax Reform Commission in the first place.

Mr. Schwartz

I'm talking about --

Councilman Nutter

Then we got a report from dedicated, serious citizens, 12 who told us what to do. 13 Then we got another report two 14 months ago from another group of people, I 15 think a half a dozen --

Mr. Schwartz

I was involved in that report, too.

Councilman Nutter

-- sitting on a tax subcommittee who told us to what to do --

Mr. Schwartz

And now we have a real -- Now we have a real budget, not a hypothetical one, not a what-have-you-got-in-your head. You've got a real budget. 587 Whole - 5/12/04 - Operating Budget

Councilman Nutter

You think this is a real budget? You think this budget is going to get passed the way it is?

Mr. Schwartz

No, no. I'm just saying --

Councilman Nutter

You call that a real budget?

Mr. Schwartz

I'm just --

Councilman Nutter

You got to be kidding me.

Mr. Schwartz

I'm just saying that now you have a real budget to debate and resolve.

Councilman Nutter

Right.

Mr. Schwartz

With real money and not well-what-do-you-think-of-the-City-budget, but-we're-not-going-to-talk-about-it budget.

Councilman Nutter

Well, you're right about that.

Mr. Schwartz

So that's the reaction.

Councilman Nutter

That's why we 588 Whole - 5/12/04 - Operating Budget get paid the big bucks. Go ahead. I'm sorry. I cut you off.

Mr. Schwartz

No. I'm...

Councilman Nutter

Do you want to tell me something else?

Mr. Schwartz

No. I'm fine.

Councilman Nutter

All right. Okay. So your bottom line is, one year at a time, do what you can, and we'll see what happens. Is that pretty much the sum and substance of it?

Mr. Schwartz

Yes, but I would make one addendum to it. I do think that when I'm looking at this -- It's not -- It's not quite, you know, we're just going to look at one year and then let the next year take good care of itself. As I... And then, you know, you only do that year. As I see the timetable here is, we came out with our report, you know, earlier this year. And then the Mayor extended the budget process into the spring.

Councilman Nutter

Well, because he 589 Whole - 5/12/04 - Operating Budget had to wait and see what you guys were going to tell us from the 21st Century Review Forum.

Mr. Schwartz

(Laughing.)

Councilman Nutter

That was the public explanation.

Mr. Schwartz

Well...

Councilman Nutter

We had to wait.

Mr. Schwartz

I'm sure that was --

Councilman Nutter

And and 107 tells the whole story.

Mr. Schwartz

Is that what he really said?

Council President Verna

Yes.

Councilman Nutter

That was the public explanation: We can't introduce a budget --

Mr. Schwartz

For whatever --

Councilman Nutter

-- because we got to wait and see what the 21st Century Review Forum tells us, so we can incorporate that in the budget.

Mr. Schwartz

Well, let me -- 590 Whole - 5/12/04 - Operating Budget

Councilman Nutter

So then we get a budget two months late...

Mr. Schwartz

Well, actually it's interesting, because the budgets when we were around in those days, I believe, came out in March, around this time. And then it was moved to January which may be a good thing, but...

Councilman Nutter

It moved to January in 2000. We've had them in January ever since.

Mr. Schwartz

Right. All I'm saying is --

Councilman Nutter

This is first time we've had them in March.

Mr. Schwartz

By the way, I saw that as useful to the agenda that we were providing.

Councilman Nutter

No. It's been --

Mr. Schwartz

Because --

Councilman Nutter

-- unuseful and it's been a disservice to all the members of this City Council. 591 Whole - 5/12/04 - Operating Budget

Mr. Schwartz

I'm not speaking to you -- I -- I understand --

Councilman Nutter

It's a little difficult to do in two months what you normally have four months to do.

Mr. Schwartz

I'm sure that's the --

Councilman Nutter

Just shows the wonders of time.

Mr. Schwartz

Given that what we were proposing was new and different and difficult, it gave us more time to lobby, which I did. But let me just say, we have a full year now from whatever it is you do --

Councilman Nutter

You lobbied for the same thing that you guys did in November.

Mr. Schwartz

I'm talking about the real battle within the Administration or with the Administration to accept as much of this package as we could get for --

Councilman Nutter

Well, I wouldn't know anything about that. 592 Whole - 5/12/04 - Operating Budget

Mr. Schwartz

Well, I'm just --

Councilman Nutter

I haven't had a budget discussion.

Mr. Schwartz

No. I'm just saying to you --

Councilman Nutter

Well, thank you --

Mr. Schwartz

-- that that's, in fact --

Councilman Nutter

-- for fighting our battles. I appreciate it.

Mr. Schwartz

It was not your battle to fight; it was ours. And we did. And I did. Now, where this --

Councilman Nutter

I don't know. I guess I --

Mr. Schwartz

Well, single --

Councilman Nutter

-- mistakenly thought I was part of the budget process --

Mr. Schwartz

No, no. 22

Councilman Nutter

-- but if it's now --

Mr. Schwartz

I'm saying --

Councilman Nutter

If it's now been 593 Whole - 5/12/04 - Operating Budget out sourced...

Mr. Schwartz

-- in the preliminary --

Councilman Nutter

If it's been a Republican adoption of --

Mr. Schwartz

Councilman, I think you know --

Councilman Nutter

-- an out sourcing of the budget --

Mr. Schwartz

-- that --

Councilman Nutter

-- policy and process --

Mr. Schwartz

-- I didn't say that.

Mr. Schwartz

Councilman --

Councilman Nutter

-- I must have missed a memo.

Mr. Schwartz

I think you know I didn't say that. I really think you know I didn't say that. What I said, in fact --

Councilman Nutter

I didn't say you said that.

Mr. Schwartz

Well, what I said, in fact, is that Tax Reform Commission has an agenda. It's new, it's different. It came 594 Whole - 5/12/04 - Operating Budget out --

Councilman Nutter

Yeah, it has an agenda. It's called 28 recommendations.

Mr. Schwartz

Well, at this point --

Councilman Nutter

That's your agenda.

Mr. Schwartz

-- it was called in year 17, the following set of things should happen. The following set of things should happen this year, and we fought over those things. And having a little --

Councilman Nutter

That was the Tax Reform Commission's agenda, but now your agenda is different now than the --

Councilman Nutter

-- Tax Reform Commission agenda.

Mr. Schwartz

No. My agenda is not different, in terms of tax reform. It isn't. The questions --