civus
Minutes

Committee Hearing, June 10, 2009

Philadelphia City Council Committee HearingsJun 10, 2009

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

COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON FINANCE - - - Room 400, City Hall Philadelphia, Pennsylvania5 Wednesday, June 10, 2009, 10:45 a.m. - - - Bill 090119 - Held at request of sponsor. Bill 090326 - Held at request of sponsor. Bill 090405 - To sell bonds at public or private negotiated sale to provide funds11 toward various capital municipal purposes. Bill 090410 - KOZ legislation. Bill 090446 - General Acute-Care Hospital Assessment.14 COMMITTEE MEMBERS PRESENT:16 Marian B. Tasco, Chair Jannie L. Blackwell, Vice Chair17 Blondell Reynolds Brown Frank DiCicco18 Bill Green W. Wilson Goode, Jr.19 William K. Greenlee James F. Kenney20 - - -22 V A R A L L O Incorporated23 Litigation Support Specialists 1835 Market Street, Suite 60024 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.267025 2 6/10/09 - FINANCE - 090405, 410, 4461

Councilwoman Tasco

Good2 morning. The Committee on Finance will3 come to order.4 I'd like to note that we have a5 quorum in the presence of Councilwoman6 Blondell Reynolds-Brown, Councilman7 Kenney, Councilman Greenlee, Councilman8 Goode, and Councilman DiCicco.9 I will note for the record that10 Bill No. 090119 is being held per the11 request of the sponsor.12 Also, Bill No. 090326 will be13 held at the request of the sponsor.14 We will now hear Bill No.15 090405. Will the clerk please read the16 bill.17

The Clerk

An ordinance18 authorizing the Bond Committee to sell19 bonds at public or private negotiated20 sale to provide funds toward various21 capital municipal purposes providing for22 appropriations to the Sinking Fund23 Commission for the payment of such bonds;24 authorizing agreements to provide credit25 3 6/10/09 - FINANCE - 090405, 410, 4461 or payment or liquidity sources for the2 bonds and interest rate swaps in3 connection with issuance of the bonds and4 certain other actions; providing for5 obtaining the consent of the electors to6 increasing the indebtedness of the City;7 and fixing a day provide for arrangements8 for holding the election for obtaining9 such consent.10

Councilwoman Tasco

Is there11 anyone here to testify on this bill?12 (Witnesses come forward.)13 CITY TREASURER RHYNHART: Good14 morning.15

Councilwoman Tasco

Good16 morning.17 CITY TREASURER RHYNHART: Good18 morning, Councilwoman Tasco and members19 of the Committee on Finance. My name is20 Rebecca Rhynhart. I'm the City Treasurer21 for the City of Philadelphia.22 I'm here today to testify in23 support of Bill No. 090405, which was24 introduced on May 14, 2009. The purpose25 4 6/10/09 - FINANCE - 090405, 410, 4461 of this bill is to obtain approval from2 City Council to place a loan3 authorization question on the general4 election ballot on Tuesday, November 3,5 2009.6 The loan question requests an7 increase in indebtedness in an amount not8 to exceed $65,525,000 to fund the City's9 Fiscal Year 2010 Capital Budget approved10 by City Council. State law requires the11 City to place a question before the12 electorate during an election to increase13 its borrowing authority.14 The loan authorization, if15 approved, would finance capital projects16 classified for the following purposes and17 in the following aggregate amounts:18 For transit: $4,115,000.19 For Streets and Sanitation:20 $10,937,000.21 For Municipal Buildings:22 $30,177,000.23 For Parks, Recreation and24 Museums: $17,967,000.25 5 6/10/09 - FINANCE - 090405, 410, 4461 And for Economic and Community2 Development: $2,294,000.3 In order to provide appropriate4 time to advertise the ballot question5 prior to the November 3, 2009 general6 election, the bill should be enacted no7 later than September 17, 2009.8 Therefore, I would like to respectfully9 request that this bill be reported from10 committee with a favorable recommendation11 so that it can have first reading at the12 June 18th session and be positioned for13 second reading and final passage when14 Council's legislative session resumes on15 September 17, 2009.16 Finally, attached as part of17 this testimony is the proposed ballot18 question requesting loan authorization19 from the electorate of the City of20 Philadelphia.21 This concludes my written22 testimony. I'd be happy to answer any23 questions you may have.24

Councilwoman Tasco

Thank you25 6 6/10/09 - FINANCE - 090405, 410, 4461 very much.2 Are there any questions from3 the members of the committee?4 Let me recognize that we have5 been joined by Councilwoman Blackwell and6 Councilman Green.7 Councilman Green, we recognize8 you for a question.9

Councilman Green

Thank you,10 Madam Chair.11 I apologize for not having this12 if you've provided it, but did you13 provide the breakdown of what the transit14 money is going to be spend for?15 CITY TREASURER RHYNHART: That,16 I believe, would have been in the Capital17 Budget. I could get a copy.18

Councilman Green

This is all19 reflected in the Capital Budget?20 CITY TREASURER RHYNHART:21 That's right, this was all approved in22 the Capital Budget.23

Councilman Green

Okay. I24 have no further questions.25 7 6/10/09 - FINANCE - 090405, 410, 4461 Thank you.2

Councilwoman Tasco

Thank you.3 All of these items here we4 passed in our Capital Budget, and it will5 be outlined there.6 Councilman Greenlee.7

Councilman Greenlee

Thank8 you, Madam Chair.9 Good morning, Miss Rhynhart.10 CITY TREASURER RHYNHART: Good11 morning much.12

Councilman Greenlee

Just a13 question just on procedure.14 CITY TREASURER RHYNHART: Sure.15

Councilman Greenlee

You said16 that want it to be enacted at our first17 session on September the 17th. Can't we18 just suspend the rules today. You would19 have first reading tomorrow and then20 final passage on June 18th?21 CITY TREASURER RHYNHART: You22 know, there might be a procedural reason.23 I will defer to the Law Department.24

Councilman Greenlee

Okay.25 8 6/10/09 - FINANCE - 090405, 410, 4461 All right.2 (Witness comes forward.)3

Councilman Greenlee

Is it4 because it's a ballot question?5 CITY TREASURER RHYNHART: It6 has something to do with the advertising,7 but --8

Mr. Dutchie

I'm François9 Dutchie, City of Philadelphia Law10 Department.11 There's a requirement under12 State law that for the three weeks prior13 to the election, a summary of the bill be14 advertised in -- I don't remember exactly15 what the requirement is -- three16 newspapers with a particular circulation.17 The law also requires that the18 -- that the -- that the election happen19 within a particular period of time after20 the passage of the bill. I think that21 time period can be no more than -- I22 believe it's 60 days. I'd have to look23 at the legislation.24

Councilman Greenlee

Oh, okay.25 9 6/10/09 - FINANCE - 090405, 410, 4461

Mr. Dutchie

So if it's passed2 now, we wouldn't be able to -- we3 wouldn't be able to have the election.4 We'd have to pass another bill next fall.5 So you can't pass the bill too6 early; that's essentially the7 requirement.8

Councilman Greenlee

Yeah, I9 never -- that's different. I guess10 technically it doesn't become law,11 though, until the Mayor signs it. I mean12 --13

Mr. Dutchie

I'm sorry?14

Councilman Greenlee

It15 doesn't become law until the Mayor signs16 it so --17

Councilwoman Tasco

But if he18 doesn't sign it, it becomes law without19 his signature.20

Councilman Greenlee

Yeah, but21 it's two meetings, right? So, you know,22 whatever. Okay, never mind.23 All right. Thank you.24

Mr. Dutchie

Sure.25 10 6/10/09 - FINANCE - 090405, 410, 4461

Councilwoman Tasco

When she2 didn't ask for it, I figured there had to3 be a reason for it.4

Councilman Greenlee

Yeah.5

Councilwoman Tasco

Any other6 questions or comments?7 (No further questions.)8

Councilwoman Tasco

Thank you9 very much for your testimony.10 The clerk will please read the11 title of the next bill.12

The Clerk

Bill No. 090410, an13 ordinance amending Chapter 19-3200 of the14 Philadelphia Code, entitled "Keystone15 Opportunity Zone and Economic Opportunity16 District" by providing for extension of17 the term of benefits for certain18 properties, under certain terms and19 conditions.20

Councilwoman Tasco

Who will21 testify from the administration on this22 bill?23 (Witnesses come forward.)24

Mr. Bumb

Good morning.25 11 6/10/09 - FINANCE - 090405, 410, 4461

Councilwoman Tasco

Good2 morning. Would you state your name for3 the record and begin your testimony.4

Mr. Bumb

Good morning, Madam5 Chair. My name is Duane Bumb, Senior6 Deputy Director of Commerce.7 I'm here today on behalf of the8 Administration to testify in support of9 Bill 090410, which is a bill authorizing10 the City of Philadelphia to apply to the11 Commonwealth of Pennsylvania to extend12 the Keystone Opportunity Zone designation13 and benefits for six unoccupied parcels14 located in PIDC's Northeast Philadelphia15 industrial parks.16 In June of 2008, the17 Philadelphia legislature passed Senate18 Bill 1412 authorizing, among other KOZ19 changes, for local government throughout20 the Commonwealth to apply to the State21 for a seven-year extension or a ten-year22 extension from the date of occupancy for23 unoccupied properties in existing24 Keystone Opportunity Subzones.25 12 6/10/09 - FINANCE - 090405, 410, 4461 In December of 2008, City2 Council passed, and Mayor Nutter signed3 into law, Bill 080882, which allowed for4 the KOZ extension for 37 properties. Six5 of the properties submitted originally in6 that legislation were removed from the7 bill at the Finance Committee hearing to8 allow us to consider those for further9 due diligence.10 Those properties that were11 removed are now being resubmitted to the12 Council under the current bill, 090410,13 for your approval. All of the properties14 in this bill are publicly-owned and their15 extension will have no cost to the City16 or School District.17 The extension of the KOZ18 designation of these six parcels is an19 important tool in our efforts to attract20 and grow businesses in the City of21 Philadelphia.22 And, finally, subsequent to the23 introduction of the bill, various24 opportunities for significant development25 13 6/10/09 - FINANCE - 090405, 410, 4461 have been presented to us that would2 require the extension of the Keystone3 Opportunity Zone benefits to make various4 projects economically viable. The5 Commerce Department has worked with6 various District Council members to7 evaluate each of the proposed extensions.8 And as a result of those discussions, we9 are proposing nine properties be added to10 this bill.11 A list of those properties is12 attached to this testimony -- or is13 submitted as an amendment to this14 testimony. Three of those properties are15 publicly-owned and are, therefore,16 extended at no cost to the City or School17 District. The remaining properties are18 privately-owned.19 As a condition of inclusion in20 the Commerce Department's application to21 the State for extension, we will be22 requiring that each private property23 owner sign or a payment in lieu of taxes24 for 110 percent of the 2008 tax25 14 6/10/09 - FINANCE - 090405, 410, 4461 liability, as allowed by the State2 legislation for those respective3 properties.4 These additions have been5 submitted to the Chair in the form of6 amendments to the bill. And with the7 Chair's (indiscernible), I will read8 those amendments into the record.9 This concludes my prepared10 testimony. I respectfully request the11 committee's support of this bill and12 proposed amendments and would also13 request a waiving of the rules of the14 Council to allow for first reading at15 your next scheduled meeting.16 Thank you for your17 consideration. I'd be happy to answer18 any questions.19 And I have copies of the20 amendments, if you don't have those21 there.22

Councilwoman Tasco

The Chair23 recognizes Councilman Kenney.24

Councilman Kenney

Thank you,25 15 6/10/09 - FINANCE - 090405, 410, 4461 Madam Chair.2 Just, Mr. Bumb, your testimony3 indicates that six of the proposed4 properties were removed at the Finance5 Committee hearing for further due6 diligence. And in your verbal7 testimony -- your testimony also8 indicated that there were nine that were9 being submitted.10 So I don't understand how that11 math works. If there were six taken out12 written initially, and it seems on this13 attachment on the pink sheets, there's14 four parcels being added. Where's the15 six and nine?16

Mr. Bumb

There are -- the17 nine --18

Councilman Kenney

There were19 six initially removed, right?20

Mr. Bumb

There were six21 removed last year. Those six were the22 basis for the bill being introduced23 that's in front of you.24 The amendment has nine25 16 6/10/09 - FINANCE - 090405, 410, 4461 additional properties. So six plus nine.2

Councilman Kenney

Okay.3

Councilwoman Tasco

So there4 are 15 properties?5

Councilwoman Tasco

Are they7 all contiguous?8

Mr. Bumb

I'm sorry?9

Councilwoman Tasco

Are they10 all contiguous? I see a map attached to11 the -- I'm sorry.12

Councilman Kenney

No, I have13 the same question. I'm just trying to14 find -- in the pink sheets, there's15 parcels -- Attachment A-1, Parcel 1, 2,16 3, and 4. And then there's Attachment17 A-2, which is Parcel and 2.18 So those are the six that were19 initially taken out?20

Councilman Kenney

So in the22 pink sheets, there's six; they were the23 six that were removed.24

Mr. Bumb

That's right.25 17 6/10/09 - FINANCE - 090405, 410, 4461

Councilman Kenney

Where's the2 nine come in?3

Mr. Bumb

The nine are in the4 amendment that we have to the bill today.5

Councilman Kenney

Okay, fine.6

Mr. Bumb

I'm sorry.7

Councilman Kenney

I got it.8 Thanks.9

Mr. Bumb

And I -- and I think10 I also need to correct -- I'm adding11 these up. And I said nine additional;12 there are ten. So I apologize.13

Councilwoman Tasco

I don't14 see ten. Are all of them in -- oh, I15 see, okay. All right.16

Mr. Bumb

If you're -- are you17 looking -- if you're looking at the18 amendment at the very bottom of the page,19 J, it is also a property that's the tenth20 property.21

Councilwoman Tasco

The22 American Street Corridor Industrial23 opportunity, are they being added to24 this?25 18 6/10/09 - FINANCE - 090405, 410, 4461

Mr. Bumb

Again, these --2 every property we're talking about,3 whether they were in the bill as4 submitted or added by amendment right5 now, are all currently receiving the6 benefits of the Keystone Opportunity7 Zone.8 The State legislation that9 we're responding to -- and our10 application must be submitted by June11 30th to respond -- would apply for an12 extension of the term of the benefits.13 Some of these properties, the benefit14 term expires as early as 2010; others as15 early as 2013.16 These are properties currently17 that are unoccupied. And so, we are18 providing additional benefit terms to19 encourage job growth and investment.20

Councilwoman Tasco

Are there21 any other questions?22 Councilman Green.23

Councilman Green

It appears24 that there's a large Keystone Opportunity25 19 6/10/09 - FINANCE - 090405, 410, 4461 Zone in East Falls. There's a Ronald2 McDonald House going in there. It's the3 old Bud plant facility. We're not4 extending that zone?5

Mr. Bumb

The old Bud site in6 Allegheny West? That's correct. It's7 not being extended.8 And remember that the extension9 could only be considered for unoccupied10 portions. And so, the Salvation Army --11 the Crock Center that I think you're12 referring to --13

Councilman Green

But it's14 very unoccupied. Most of the facility is15 not occupied.16

Councilman Green

So if we18 don't extend it, do we lose the right to19 extend it forever, or can we extend it20 again next year?21 I mean, the only thing that22 made me think of that is, you said, we23 have to have this into the State by June24 30th to extend it and...25 20 6/10/09 - FINANCE - 090405, 410, 4461

Mr. Bumb

Right. And I think2 last fall, when the original legislation3 that we had brought to City Council, we4 had gone through the process of5 identifying properties we were6 recommending and then we also vetted7 those with all -- as much as we could8 with all District Council members and9 other members. I know we met with you as10 well on that issue.11 And that is a property that we12 identified was currently in KOZ, and it13 was not recommended for extension. And14 so we did --15

Councilman Green

But my16 question is: Do we lose the right to17 extend it forever if we don't extend it18 now?19

Mr. Bumb

We lose the right to20 extend it under the only legislation that21 we have in Harrisburg right now, because22 that legislation requires us to submit23 applications by June 30th for extensions,24 correct.25 21 6/10/09 - FINANCE - 090405, 410, 4461

Councilman Green

When does2 that Opportunity Zone expire, do you3 know?4

Councilman Green

And6 Councilman Jones was okay with not7 extending that?8

Mr. Bumb

We met with the9 councilman and talked about that and10 every other existing Keystone Opportunity11 Zone within his district, yes.12

Councilman Green

Okay, thank13 you.14

Councilwoman Tasco

Any other15 questions?16 (No further questions.)17

Councilwoman Tasco

Thank you18 very much for your testimony.19 Do you need a suspension of the20 rules?21

Mr. Bumb

Yes, ma'am, I do.22

Councilwoman Tasco

Okay.23 The clerk will read the title24 of Bill 090446.25 22 6/10/09 - FINANCE - 090405, 410, 4461

The Clerk

Bill No. 090446, an2 ordinance amending Chapter 19-3500 of the3 Philadelphia Code, entitled "General4 Acute-Care Hospital Assessment," by5 adding an assessment upon the net6 operating revenue of certain specified7 hospitals located in the City of8 Philadelphia, all under certain terms and9 conditions.10 COUNCILWOMAN TASCO:11 Dr. Schwarz, are you here to testify on12 behalf of the Administration?13

Dr. Schwarz

Yes, I am.14 (Witness comes forward.)15

Councilwoman Tasco

Good16 morning.17

Dr. Schwarz

Good morning.18 Chairwoman Tasco, members of19 the Committee on Finance, I'm Dr. Donald20 Schwarz, Deputy Mayor for Health and21 Opportunity and the Health Commissioner.22 Thank you for the opportunity23 to present testimony today on Bill24 090446, which represents an important25 23 6/10/09 - FINANCE - 090405, 410, 4461 amendment to Chapter 19-3500 of the2 Philadelphia Code.3 One year ago, Chapter 19-35004 created a 3.93 percent assessment on5 certain net operating revenue of general6 acute-care hospitals in Philadelphia7 under well-defined terms and conditions.8 That chapter created, in9 collaboration with the Commonwealth10 Department of Public Welfare, provided11 revenue that was to be collected in12 Philadelphia, transferred to the13 Commonwealth, and used to match federal14 Medicaid dollars, increasing the15 reimbursements for Philadelphia hospitals16 that provide a high proportion Medicaid,17 emergency, and ambulatory services.18 A fixed portion of the tax19 revenue collected is to be retained by20 the City to help pay for care Medicaid-21 eligible and uninsured patients using the22 Department of Public Health ambulatory23 health-care centers.24 The original legislation had a25 24 6/10/09 - FINANCE - 090405, 410, 4461 number of hospital exclusions. Under2 Section 19-3501, Paragraph 2, entitled3 "Exempt Hospital," Subparagraph 4,4 explicitly excludes a hospital that5 provides over 100,000 days of care to6 Medicaid patients per year.7 At this time, only one hospital8 in Philadelphia meets the terms of this9 exclusion. The exclusion was put in10 place because a year ago, it was not11 clear that this one hospital would be12 able to benefit from the terms of the13 Philadelphia hospital assessment because14 it had already received a maximum of15 supplemental Medicaid dollars as a16 disproportionate shared hospital under17 Medicaid.18 And, I have to say, by19 excluding the hospital, our work at the20 federal level was made easier.21 In the past year, both further22 analysis of the need for this exclusion23 and proposed changes in disproportionate24 share reimbursement have led to an25 25 6/10/09 - FINANCE - 090405, 410, 4461 interest in Chapter 19-3500 to make2 provision for the excluded hospital.3 Bill 090446 does not amend the4 exclusion but, rather, inserts two new5 paragraphs under Section 3501, creating a6 special category of high-volume Medicaid7 hospital and a specific assessment rate8 for it under Section 19-3503 of 3.459 percent of net operating revenue10 excluding Medicare net operating revenue.11 The Administration and the12 Department of Public Health support these13 changes. The partnership with the14 Commonwealth has been a critical step15 toward improving the amount and quality16 of primary care we provide in our17 Department of Public Health ambulatory18 centers. It also helps Philadelphia's19 hospitals better target to those most in20 need.21 The amendment will allow all22 acute-care hospitals in Philadelphia to23 participate in the assessment. We24 believe it will help provide additional25 26 6/10/09 - FINANCE - 090405, 410, 4461 revenue to hospitals at a time of2 particular fiscal challenge to them3 because of the recession affecting4 nation, our state, and our city.5 Thank you for allowing me to6 present testimony, and at this time, I'm7 happy to answer any questions you may8 have about the proposed legislation.9

Councilwoman Tasco

Thank you.10 Questions?11 Councilwoman Blackwell.12

Councilwoman Blackwell

Thank13 you very much.14 We would just like to note that15 even though Ed Notebaert has moved into16 the 5th District, he will always be17 considered a part of Children's Hospital18 in the 3rd.19 It's always a pleasure, sir.20

Councilwoman Tasco

Any other21 questions?22 Could you just explain this to23 me in lay terms?24

Dr. Schwarz

I'd be delighted.25 27 6/10/09 - FINANCE - 090405, 410, 4461

Councilwoman Tasco

Thank you.2

Dr. Schwarz

So the Medicaid3 program is, as you know, a partnership4 between the State and the federal5 government, where the State puts up a6 certain number of dollars, according to7 federal regulation, to provide benefits8 to those who are low-income and meet9 federal requirements. And the federal10 government matches at a certain rate11 those dollars.12 The more dollars the State has13 available, the more dollars potentially14 to federally match, as long as we meet15 federal requirements. So there are16 exclusions and there are limits.17 There is the possibility of18 increasing the amount the State has19 available matching federal dollars, and20 then using those dollars to increase21 payments to hospitals. The problem is,22 the State doesn't necessarily have the23 dollars to match.24 So what the State is doing --25 28 6/10/09 - FINANCE - 090405, 410, 4461 and we approved a year ago -- is levying2 a tax on hospitals in Philadelphia, using3 those revenues passed from the City to4 the State to match federal dollars, draw5 them down.6

Councilwoman Tasco

I remember7 that.8

Dr. Schwarz

Reimburse9 hospitals at a higher rate, thus10 stabilizing the network of hospitals in11 Philadelphia and having dollars left over12 for both the Commonwealth and the City13 and directing the dollars in the City to14 help support the network of health15 centers, the City's health centers, that16 provide care both to the uninsured and to17 those who are on Medicaid.18 What we did last year was to do19 that for all but one general acute-care20 hospital in Philadelphia; that was Temple21 University. And the reason was that22 Temple's proportion of Medicaid service23 is so high that it was -- it made the24 negotiation with the federal government25 29 6/10/09 - FINANCE - 090405, 410, 4461 more complex.2 We have now -- the Commonwealth3 has done an incredible job of working4 with the federal government, and we have5 been approved just this week for the6 hospital tax to go forward.7 Now that that's approved, the8 feeling is that we have an opportunity to9 talk about how to deal with the one10 excluded general acute-care hospital.11 The City is very supportive of including12 Temple in this whole process in order to13 help Temple stabilize itself because of14 the role that it performs in providing15 care in North Philadelphia.16 That's what this amendment is17 about.18

Councilwoman Tasco

Thank you.19 Councilman Kenney.20

Councilman Kenney

Thank you.21 Just let me restate what you're22 saying so I think I understand it.23 The hospitals originally agreed24 to the assessment because it increased25 30 6/10/09 - FINANCE - 090405, 410, 4461 the matchability of federal dollars to2 the State, which comes back to them3 anyway because they're under-reimbursed4 generally.5 The additional money that's6 going to the health centers is going to7 help keep people out of their emergency8 rooms in the first.9

Dr. Schwarz

And provide10 better care for more people.11

Councilman Kenney

Thank you.12 I understand.13

Councilwoman Tasco

Everybody14 understand? Yeah, I know you didn't.15 That's why I asked the question.16 (Laughter.)17

Councilwoman Tasco

Thank you18 very much.19

Dr. Schwarz

My pleasure.20

Councilwoman Tasco

Is there21 anyone else here to testify on this bill?22 (Witness comes forward.)23

Councilwoman Tasco

Good24 morning.25 31 6/10/09 - FINANCE - 090405, 410, 4461

Mr. Notebaert

Good morning,2 Madam Chair.3

Councilwoman Tasco

Would you4 state your name for the record, please.5

Mr. Notebaert

Good morning,6 Madam Chair. And good morning, Madam7 Vice Chair.8 My name is Edmond Notebaert,9 and it's my privilege to serve as the10 Chief Executive Officer of the Temple11 University Health System.12 I have provided written13 testimony, recognizing and wanting to be14 respectful of the members' time. My15 testimony essentially parallels that of16 Dr. Schwartz. I would be happy to read17 My testimony or to provide an executive18 summary, or to respond to questions, as19 the Chair so directs me.20

Councilwoman Tasco

I'm sorry.21 Forgive me.22 Sure. Any questions for23 Mr. Notebaert?24 (No questions or comments.)25 32 6/10/09 - FINANCE - 090405, 410, 4461

Councilwoman Tasco

Thank you2 very much. I apologize.3

Councilman Kenney

Madam4 Chair, he's probably the best witness5 we've ever had.6 (Laughter.)7

Councilwoman Tasco

Thank you.8 All written testimony does become a part9 of the public record.10

Mr. Notebaert

Thank you. We11 really appreciate your support on this.12

Councilwoman Tasco

Okay.13 Thank you very much.14 Any other questions or15 comments?16 (No further questions or17 comments.)18

Councilwoman Tasco

Would you19 like a suspension of the rules?20

Councilwoman Tasco

Okay.22 Councilman Green.23

Mr. Notebaert

Madam Chair?24

Councilwoman Tasco

Yes.25 33 6/10/09 - FINANCE - 090405, 410, 4461

Mr. Notebaert

I've been2 instructed that I need to point out that3 there are some technical amendments to4 the legislation, and I believe that we5 have some expertise that can testify to6 that if that is needed by the members.7

Councilwoman Tasco

Do we have8 the amendments?9

Mr. Notebaert

We believe that10 you do.11

Councilman Greenlee

I don't12 see it.13

Councilman Green

Madam Chair,14 I have a question about this amendment.15

Councilwoman Tasco

A question16 the amendment?17 The Chair recognizes Councilman18 Green.19

Councilman Green

Thank you,20 Madam Chair.21 Dr. Schwarz, is the City okay22 with these amendments?23

Dr. Schwarz

I'm just seeing24 them now for the first time, so give me25 34 6/10/09 - FINANCE - 090405, 410, 4461 one second.2

Councilwoman Tasco

Who's3 offering the amendments?4

Mr. Notebaert

We believe that5 Temple University Health System is, and6 the intention of the amendments is to7 clarify the intended recipient and the8 intended contributor of the assessment to9 make it more clear that it's Temple10 University Hospital.11

Councilwoman Tasco

Well,12 we'll get Dr. Schwarz an opportunity to13 review the amendments before we proceed.14

Mr. Notebaert

Thank you.15

Councilwoman Tasco

The16 committee is going to recess until 1217 o'clock and then come back.18 Dr. Schwarz...19 (Committee members confer off20 the record).21

Councilwoman Tasco

This is22 what we're going to do. We're going to23 report the bill out, and we will amend it24 tomorrow, when it's presented, during the25 35 6/10/09 - FINANCE - 090405, 410, 4461 course of Council. With the committee2 report, we'll offer an amendment, get it3 amended, and then report it out, as4 amended.5 That will give the6 Administration time to reviews changes.7 Thank you.8 Normally, it's the sponsor of9 the bill who offers the amendments. So10 we were not really fully aware, and it's11 last minute. So we have to take time to12 review them and give the Administration13 an opportunity to review them.14 We understand the predicament15 you were in, as you advised me, in terms16 of what you had to do to get them17 approved by the State. So we appreciate18 that too, but we do have to give the19 Administration an opportunity to review20 them.21 So we will report it out and22 amend it tomorrow, all right?23 Councilman DiCicco?24 (Brief discussion held off the25 36 6/10/09 - FINANCE - 090405, 410, 4461 record.)2

Councilwoman Tasco

Okay.3 Any -- Councilman Green would4 like to -- and you will be asking for a5 suspension of the rules, right? Okay.6 Councilman Green would like to7 offer comments on Bill No. 090326.8

Councilman Green

Yes, Madam9 Chair.10 I'd like it to be called up and11 held to the call of the Chair, if that12 didn't happen before I got there.13

Councilwoman Tasco

We already14 did that.15

Councilman Green

You did?16 Oh, I'm sorry, I apologize.17 Thank you, Madam Chair. I just18 wanted to put this on the record.19 This bill, which was introduced20 by myself, Councilwoman Reynolds-Brown,21 Sanchez, and Councilman Jones, will help22 citizens take advantage of existing23 federal and state subsidies for24 weatherization and solar energy and to25 37 6/10/09 - FINANCE - 090405, 410, 4461 fill the funding gap left by these2 programs.3 The bill would create the4 financing investments in residences and5 small businesses throughout Philadelphia6 or the First Philadelphia Loan Program,7 under which residents and small8 businesses could access upfront capital9 to make energy-efficient improvements to10 their properties, including11 environmentally-friendly insulation12 energy-saving windows, door replacements,13 and solar paneling.14 This legislation is modeled on15 the successful Berkley First model and16 similar innovative financing approaches17 already in place in Colorado, California,18 and other locations.19 We collaborated with key20 stakeholders, including the Green Economy21 Task Force, Penn Future, the Sustainable22 Business Network, the Energy Coordinating23 Council, and most recently, the Clinton24 Climate Initiative, to develop this25 38 6/10/09 - FINANCE - 090405, 410, 4461 legislation and to further refine it in2 the period since introduction.3 Earlier this year, we presented4 the proposal to the Mayor's Office of5 Sustainability, which agreed that the6 bill addressed significant problems,7 namely that the State and federal subsidy8 for weatherization and solar energy9 products are either unavailable to low-10 to middle-income residents or are11 insufficient to allow property owners to12 undertake the full range of renovations13 and repairs.14 In fact, the Administration's15 Green Works plans make specific reference16 to the Berkeley First model and includes17 as a goal creating financing mechanisms18 to help homeowners and small businesses19 pay upfront costs for energy-efficiency20 improvements.21 The bill sponsors appreciate22 that the Administration has had its hands23 full in dealing with the budget and, as a24 result, has not been able to work through25 39 6/10/09 - FINANCE - 090405, 410, 4461 the details of the proposal.2 Accordingly, we are holding the bill3 today but want to thank the4 Administration for its commitment to work5 with us over the summer to further refine6 the First Philadelphia Loan Program.7 We think this program, which8 will offer Philadelphia property owners9 an essential tool in making their homes10 and businesses energy-efficient and help11 create green jobs, is an important step12 in advancing our shared sustainability13 goals. We look forward to continued14 collaboration with the Administration and15 key stakeholders in bringing the First16 Philadelphia Loan Program to fruition17 over the summer.18 Thank you, Madam Chair.19

Councilwoman Tasco

Thank you20 very much.21 Any other questions or comments22 on behalf the committee?23 (No further comments.)24

Councilwoman Tasco

Thank you.25 40 6/10/09 - FINANCE - 090405, 410, 4461 This ends our public hearing, and we will2 now go into our public meeting.3 The Chair recognizes4 Councilwoman Blackwell to report out Bill5 No. 090405.6

Councilwoman Blackwell

Thank7 you, Madam Chair.8 I move that Bill No. 090405 be9 reported out of committee with a10 favorable recommendation.11 (Motion duly seconded.)12

Councilwoman Tasco

It has13 been moved and seconded that Bill No.14 090405 be reported out of committee with15 a favorable recommendation.16 All in favor will say aye.17 Is there any opposition?18 There being none, the motion is19 carried.20 The Chair recognizes Councilman21 Kenney for Bill No. 090410.22

Councilman Kenney

Thank you,23 Madam Chair.24 I move the amendments to Bill25 41 6/10/09 - FINANCE - 090405, 410, 4461 No. 090410 be approved.2 (Motion duly seconded.)3

Councilwoman Tasco

Let's4 adopt the amendment.5

Councilman Kenney

I move the6 amendment.7 (Motion duly seconded.)8

Councilwoman Tasco

It has9 been moved and seconded that we adopt the10 amendment to Bill No. 090410.11 All in favor?12 There being no opposition, the13 amendment is passed.14 Now we ask Councilman Kenney to15 vote out Bill No. 090410, as amended.16

Councilman Kenney

Thank you,17 Madam Chair.18 I move that Bill No. 090410, as19 amended, be reported out of this20 committee with a favorable recommendation21 and a request made for a rules suspension22 to allow for first reading at our next23 Council session.24 (Motion duly seconded.)25 42 6/10/09 - FINANCE - 090405, 410, 4461

Councilwoman Tasco

It has2 been moved and seconded that Bill No.3 090410, as amended, be voted out of4 committee with a favorable recommendation5 and that the rules of Council be6 suspended so this bill can be heard at7 Council's next session.8 All in favor will say aye.9 The motion's carried.10 The Chair recognizes Councilman11 Greenlee to report out Bill No. 090446.12

Councilman Greenlee

Thank13 you, Madam Chair.14 I move that Bill No. 090446 be15 reported out of this committee with a16 favorable recommendation and further that17 the rules of Council be suspended to18 allow for first reading at our next19 session of Council.20 (Motion duly seconded.)21

Councilwoman Tasco

It has22 been moved and seconded that Bill 09044623 be reported out of committee with a24 favorable recommendation and a25 43 6/10/09 - FINANCE - 090405, 410, 4461 recommendation that the rules of Council2 be suspended so that this bill can be3 heard at Council's next session.4 All in favor?5 There be being no opposition,6 the motion is carried.7 Thank you very much. This8 meeting is adjourned.9 (Proceedings end at 11:27 a.m.)10 * * *11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 44 C E R T I F I C A T E2 I HEREBY CERTIFY that the4 proceedings of the City of Philadelphia5 Council Committee on Finance are contained6 fully and accurately in the stenographic notes7 taken by me on Wednesday, June 10, 2009, and8 that this is a true and correct statement of9 same.10 11 12 13 __________________________________ 14 JOSEPHINE CARDILLO Registered Professional Reporter15 16 17 18 19 20 (The foregoing certification of21 this transcript does not apply to any22 reproduction of the same by any means, unless23 under the direct control and/or supervision of24 the certifying reporter.)25