COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE OF THE WHOLE - BUDGET - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, February 27, 2008 10:25 a.m. - - - PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN COUNCILMAN WILLIAM GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN JAMES F. KENNEY COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILWOMAN MARIAN B. TASCO BILLS 080022, 080157, 080160, 080161, 080162, 080163, 080164, 080165 and 080168 - - - 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
Good morning, everyone. This is a public hearing of the Committee of the Whole regarding Bill Nos. 080022, 080157, 080160, 080161, 080162, 080163, 080164, 080165 and 080168. I would ask Mr. McPherson to please read the title of the bills. MR. McPHERSON: Bill No. 11 080022, an ordinance amending Section 12 19-2604 of The Philadelphia Code, relating to tax rates, credits and alternative tax computation for the business privilege tax, by reducing certain taxes, all under certain terms and conditions. Bill No. 080157, an ordinance 19 amending Section 19-2604 of The Philadelphia Code, relating to tax rates, credits, alternative tax computation for the business privilege tax, by reducing certain tax rates, under certain terms and conditions. Bill No. 080160, an ordinance 3 2/27/08 - WHOLE - BILL 080022, etc. amending Chapter 19-1200 of The Philadelphia Code, entitled "Parking Tax," by establishing a rate of taxation on parking transactions for Fiscal Year 2009 and thereafter. Bill No. 080161, an ordinance 8 amending Chapter 19-1500 of The Philadelphia Code, entitled "Wage and Net Profits Tax," by revising certain tax rates and making technical changes, all under certain terms and conditions. Bill No. 080162, an ordinance 14 amending Chapter 11-200 of The Philadelphia Code, entitled "Openings and Excavations in the Streets," to revise the operative period of permits to break streets and footways for the installation and repair of underground conduits, all under certain terms and conditions. Bill No. 080163, an ordinance 22 amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," and Title 11 of The Philadelphia Code, entitled 4 2/27/08 - WHOLE - BILL 080022, etc. "Streets," to provide authorization to the Streets Department to adopt regulations. Bill No. 080164, an ordinance 6 amending Chapter 11-600 of The Philadelphia Code, entitled "Construction, Encroachments and Projections Over, On and Under Streets." Bill No. 080165, an ordinance 11 amending Subcode A, the Philadelphia Administrative Code, of Title 4 of The Philadelphia Code, entitled "The Philadelphia Building Construction and Occupancy Code." Bill No. 080168, an ordinance 17 amending Chapter 19-2600 of The Philadelphia Code, entitled "Business Privilege Taxes," by revising certain types of business privilege licenses, under certain terms and conditions.
Thank you. The Chair recognizes Councilman Goode. 5 2/27/08 - WHOLE - BILL 080022, etc.
Thank you, Madam President. We've been working on business tax reform for about four or five years, but today is in fact a new day. On January 24th, I introduced a bill, along with Councilman Green, Councilwoman Reynolds Brown and Councilman Jones. On February the 14th, the Administration also introduced a bill. In discussion with the Administration, I don't think that our goals are that far apart. There were amendments, technical amendments, that needed to be made to my bill. There were amendments that needed to be made to the Administration bill in terms of creating a longer schedule. We decided to amend both bills to make them identical. At the end of the day, what we're trying to achieve is what would have been achieved through my bill, which is the elimination of the gross receipts portion of the business privilege tax by the year 2015, and it would take the net 6 2/27/08 - WHOLE - BILL 080022, etc. income portion down to 5.7 percent. We're hopeful that the majority of Council and those people who have been pursuing business tax reform for several years will see it as a massive step forward. We believe this is an aggressive approach that will actually achieve what we've been trying to achieve all along, which is economic growth and job creation. So I'll be offering amendments to both bills to make them identical and achieve that goal, and hope for the support for those amendments. Thank you.
Thank you. May I suggest that the amendments be circulated to the members of Council, please. Thank you. We will now hear from the Administration. (Witnesses approached witness table.) 7 2/27/08 - WHOLE - BILL 080022, etc.
Good morning. Please identify yourself for the record and proceed with your testimony. COMMISSIONER RICHARDSON: Good morning. Keith Richardson, Revenue Commissioner.
Good morning. COMMISSIONER RICHARDSON: Good morning, President Verna and members of City Council. I am Keith Richardson, the Revenue Commissioner for the City of Philadelphia. Thank you for this opportunity to present testimony in support of the Administration's proposed Fiscal Year 2009 Strategic Plan and Fiscal Year 2009 through '13 Five-Year Financial Plan. I know that you have all received copies of the Plan, so my testimony today will summarize the Administration's projections for the City's General Fund taxes for Fiscal Year 2009 and for the subsequent years of 8 2/27/08 - WHOLE - BILL 080022, etc. Fiscal Year 2009 through '13 Five-Year Plan, and address some specific changes and issues in the wage tax and the parking tax included in the Fiscal Year 2009 to '13 Five-Year Plan. 9 billion. 7 percent. The next largest portion comes from state and federal government transfers, and smaller shares come from local non-tax sources such as fines and fees and inter-fund transfers. S. Congressional Budget Office's forecasts for inflation for the calendar years 2008 and 2009. 2 in 2009. Philadelphia's tax base relies 9 2/27/08 - WHOLE - BILL 080022, etc. heavily on wage and income taxes. The wage tax represents nearly 50 percent of the City tax revenues in Fiscal Year 2009, and the business privilege tax, a tax on business net income and gross receipts, is the next highest portion at nearly percent. 9 While the City has lost jobs 10 and population over the past decades, the 11 local economy remains remarkably 12 resilient. 3 percent growth in calendar 17 2008 and four percent to four and a half 18 percent growth in the remaining years of the Plan. S. economy are correct. 6 percent in calendar 10 2/27/08 - WHOLE - BILL 080022, etc. 7 in 2009. S. GDP growth, suggest that the national economy is indeed experiencing slower growth. The City's own tax receipts for December 2007 and January 2008 suggest that the local economy is still growing in some areas, such as retail activity and overall wages, but displaying signs of weakness in residential real estate. While it is still too early to tell if a national recession is likely, it is worth remembering that any contraction in national economic activity in 2008 or later will place many of the City's revenue estimates for the Fiscal 2009-2013 period at risk. The local tax portion of the General Fund comes from seven sources: Wage tax, business privilege tax, real 11 2/27/08 - WHOLE - BILL 080022, etc. estate or property tax, real estate transfer tax, sales tax, parking tax and amusement tax. 7 percent, of the total revenue in Fiscal Year '09. The wage tax is collected from all employees working within City limits and from all City residents regardless of their employment location. 5 percent that is reserved for the Pennsylvania Intergovernmental Cooperation Authority to service debt that PICA issued on behalf of the City. The remaining portion of revenues goes into the City's General Fund. Since 1995, the City has committed to annual reductions in the wage tax to make Philadelphia more competitive for jobs. The Nutter Administration intends to continue these reductions. In Fiscal Year 2009, the 12 2/27/08 - WHOLE - BILL 080022, etc. 685 for non-residents. The rate will be further reduced for residents and non-residents by Fiscal Year 2013. 995 percent, the first time that the resident wage tax rate will be below four percent in 30 years. 3994 for non-residents. These changes are in Bill 14 No. 080161, an ordinance amending Chapter 15 19-1500 of The Philadelphia Code, entitled "Wage and Net Profits Tax," by revising certain tax rates and making technical changes, all under certain terms and conditions. Additional reductions in the wage tax are anticipated due to the Commonwealth of Pennsylvania's receipt of gaming-related revenues, as seen in the two graphs on of the Budget in Brief for Fiscal Year 2009. Based on 13 2/27/08 - WHOLE - BILL 080022, etc.
7 million in revenues from gaming to reduce the wage tax rates in Philadelphia, as well as property taxes in the rest of the Commonwealth. 7 million in funding, the wage tax rate would drop below four percent residents in Fiscal Year '09 if that funding is received. Recent conversations with the Commonwealth's Secretary of the Budget have given us greater confidence that these fundings will be realized by the City. Implementation of the low-income tax credit bill was originally anticipated to begin in Fiscal Year 2013, the last year of this planning period. This legislation would have lowered receipts in the first year of implementation and significantly in subsequent years. Revenue has been 14 2/27/08 - WHOLE - BILL 080022, etc. 8 million in Fiscal Year 2016 as a result of this legislation. The Five-Year Plan assumes the elimination of the income tax credit bill, since the significant tax reductions in several other areas in conjunction with recent expansions to the Federal Earned Income Tax Credit Program will substantially benefit low-income residents and employees of Philadelphia firms. The General Fund's second largest tax revenue source is the business privilege tax. Businesses pay the BPT, the combination of an enterprise's net income and gross receipts. 4 percent on the net income, although there are modified rates for financial institutions, public utilities, some 15 2/27/08 - WHOLE - BILL 080022, etc. manufacturers, wholesalers and retailers. In order to improve the City's competitiveness, the Nutter Administration is committed to eliminating the gross receipts portion of the tax and reducing the net income portion. Under the reductions proposed in this Plan and included in the bill 10 introduced by Councilman W. , the gross receipts portion of the tax will be eliminated in eight years. 5 percent for Fiscal Year '08 rate to six percent by Fiscal Year 2013. The net income portion of the tax has never been reduced before, and the gross receipts portion has been in place for decades. These historic changes to the City's tax structure will make it easier for businesses to open, expand and thrive in Philadelphia. These changes are in proposed Bill No. 080157, an ordinance amending Section 19-2604 of 16 2/27/08 - WHOLE - BILL 080022, etc. The Philadelphia Code, relating to tax rates, credits and alternative tax computation for the business privilege tax, by reducing certain tax rates, under certain terms and conditions. 3 percent over Fiscal Year 2008 budget. This tax is levied on the assessed value of residential and commercial property in the City. 264 in Fiscal 2008, with revenues divided between the City at 40 percent and the School District of Philadelphia at 60 percent. In recent years, the City has shifted increasing proportions of its property tax revenues to the District to help it avoid budget shortfalls. Philadelphia charges a three percent tax, known as the real estate transfer tax, on every sale of real 17 2/27/08 - WHOLE - BILL 080022, etc. property in the City. An additional one percent is levied by the Commonwealth of Pennsylvania, for a total of four percent tax on real property sales. 9 percent of General Fund tax revenue, or $199 million. Year-to-date receipts through January 2008 from the real estate transfer tax have shown a marked decline, suggesting that the dramatic slowdown in the national housing market may begin affecting the Philadelphia residential real estate market. 5 thereafter. 5 percent of the local revenues in Fiscal Year 2009. The State Legislature authorized imposition of a local one percent sales tax under the PICA Act of 18 2/27/08 - WHOLE - BILL 080022, etc. 1991, and the tax was first collected in October of 1991. The local sales tax is collected by the state and remitted to the City monthly. 5 percent annually from Fiscal Year 2008 to Fiscal Year 2013, the regional inflation rate. The parking tax is levied on the gross receipts from all parking transactions.
The City began collecting the tax in 1952. The City made valet parking subject to the tax in Fiscal Year 2009, which brings an additional one million in parking tax proceeds. The Nutter Administration plans to increase the rate to percent, consistent with 18 the recommendations of the Tax Reform 19 Commission, which will increase revenue 20 by 16 million in Fiscal Year 2009. The rate increase will not only raise much-needed revenue and encourage residents to use public transit, but fund badly needed improvements to Philadelphia's streets and green spaces. 19 2/27/08 - WHOLE - BILL 080022, etc. Of the $16 million in additional revenue generated by the increase in Fiscal Year 2009, million will be used to improve 5 the condition of Philadelphia's streets, 6 two million will be used to fund 7 operations of the Fairmount Park 8 Commission and $1 million will be used to 9 plant new trees throughout the City. 10 This change is in Bill No. 080160, an ordinance amending Chapter 19-1200 of The Philadelphia Code, entitled "Parking Tax," by establishing a rate of taxation on parking transactions for Fiscal Year 2009 and thereafter. 5 percent. There are fee bills with separate testimony by the Streets and L&I Departments. That concludes my testimony.
The 20 2/27/08 - WHOLE - BILL 080022, etc. Chair recognizes Councilwoman Tasco for a point of information.
Thank you. So that the record will reflect what the testimony is, as the testimony is written, Mr. Richardson, in your Parking Tax section of your testimony, you state that the City has been collecting the tax blah, blah, since '09. It should be '05. You want to make sure that's correct. That's the second line in the first paragraph under Parking Tax. It should say '05 rather than '09.
Thank you. Council President, would you like to hear the testimony on the fee bills before we go into questions or do you want to do questions on the tax bills first?
I think we would want to go through questions first. At this time, the Chair recognizes Councilwoman Brown. 21 2/27/08 - WHOLE - BILL 080022, etc.
I'd like to first say thank you to the Revenue Department. For the past number of years, I've organized a series of senior citizen forums where we sort of take government to eight different senior locations around the City, and the Revenue Department has always been there to help seniors understand how and what they need to do better or differently when dealing with that department. So I need to acknowledge how much we appreciate the presence of the City Revenue Department. I'd like to first go to a question raised by a constituent, and I'll be quoting here. We recently received, I guess, a concern by a constituent who pays their real estate tax in February, but for the last few 22 2/27/08 - WHOLE - BILL 080022, etc. years, the City has not cashed that check or credited the account until late May. And I our thinking is that this might be viewed as a lost opportunity to earn interest revenue. So can you speak to what the process is and why we don't deposit those monies owed to the City more immediately? COMMISSIONER RICHARDSON: Councilman Brown, I know in the past there may have been some situations with checks being cashed or being picked up for delivery to be deposited to the bank. Going forward while I'm here, we have committed to making sure all deposits that do come in on a daily basis will be sent to the bank in a timely manner and credited. We also will take it upon ourselves to contact the bank. For example, this being the last week in February where a lot of people will be paying to get the discount rate on their real estate tax, we have already 23 2/27/08 - WHOLE - BILL 080022, etc. contacted the bank to let them know we may be a little bit late due to settlement, and they are working with us. And issues like that aren't acceptable for someone getting a deposit in May -- in February and not getting cashed until May, but we are working to resolve those issues and be more customer focused and friendly.
Okay. So what in-house practices are you changing to make the difference? COMMISSIONER RICHARDSON: Well, for one, it's the line of communication with the banks and letting them know that we need a truck delivery at this time, to be better practices on settlement. So we're doing those right now as we're trying to implement some more customer-focused things in the department.
Okay. The wage tax, many of us view the anticipated gaming revenues as the lone saviour, if 24 2/27/08 - WHOLE - BILL 080022, etc. you will, that will control the shifting of the wage tax, and as I understand it, there will be an increase in the tax for non-residents, but it will be lowered for current City residents. So what might be the impact and what message does it send to those who live here but work elsewhere?
There are decreases on both the resident and non-resident side.
There are decreases on both sides, the resident and non-resident side. Without state money, the resident side would go from the 4.219 percent it is down to 3.8 percent.
For the 25 2/27/08 - WHOLE - BILL 080022, etc. non-resident portion, it would go from a little over 3.7 percent down to just under 3.4 percent. If, however, we get the state money, by 2013 that resident portion will be down to 3.54 percent and the non-resident portion will be down to 3.11 percent.
Okay, then. I clearly misread that. Okay, then. That's it on the wage tax. Back to the parking tax, the Administration intends to increase the parking tax. Have you all been able to project what those anticipated fees and fines might be? Because that then drives how the Fairmount Park will best benefit from the yield of those dollars.
We're assuming that that generates about $16 million annually.
The $16 million? By looking at what the tax generates now 2/27/08 - WHOLE - BILL 080022, etc. and seeing what that percentage increase would translate into into an increase in revenue.
Okay. The sales tax, there appears to be not a lot of concern around that, and currently will this tax stay at the one percent imposed by the state or does the Administration foresee an increase, or is this something that's only in the control of the State Legislature?
How 27 2/27/08 - WHOLE - BILL 080022, etc. did you decide regarding the amount of the recommended increase in the parking tax from the current level of percent 5 to a proposed level of 20 percent? As 6 you know, this amounts to an increase of 7 33 and a third percent over the current 8 level. Is the proposed new tax rate 9 comparable to rates imposed by other 10 comparable municipalities? 11
Madam President, 12 Steve Agostini, Budget Director. 13 We were looking at a couple of 14 things. One, we were looking at what 15 other communities were doing, and we know that San Francisco, for example, has a rate of 25 percent. We believe that Pittsburgh's rate is approximately 44 percent. So we thought that there was some room for us to move in those areas. In addition, we were looking at those places where we could generate some revenue while at the same time trying to create incentives for folks to take advantage of public transit or take 28 2/27/08 - WHOLE - BILL 080022, etc. advantage of other things that were sort of public goods, and this seemed to present itself as the most readily available source of revenue that we could then also allocate dollars to improve some of the green initiatives that we had in the budget, as well as the street improvements that we've mentioned earlier.
Thank you. Regarding Bill No. 080161, although that bill does continue to cut the wage tax, I understand that the pace of those cuts have been decelerated as compared to what is currently the law. For the record, could you explain why you are proposing this change in the pace of reducing the wage tax?
There were a couple of reasons. One, with the anticipation of the state funding, we assumed that the wage tax rates would be going down fairly quickly even if we slowed our rate down, 29 2/27/08 - WHOLE - BILL 080022, etc. and then given the fact that we saw those rates going down, we thought we could take some of the money that had been dedicated towards wage tax reduction and use it to accelerate our business privilege tax reductions.
In deciding how to allocate reductions as between the BPT and the wage tax, what factors did the Administration take into consideration?
Well, on the business side, there were a couple of things we wanted to be able to do. We wanted to be able to set a schedule that showed the gross receipts portion of the tax going away, and as we were developing our plan, Councilman Goode introduced his bill, so we thought that was a good -- looked at his schedule and we thought that that was something that we could adopt, because it did give us a schedule for getting rid of the gross receipts portion. And we also wanted to be able 30 2/27/08 - WHOLE - BILL 080022, etc. to start making reductions in the net income side to send a signal that we thought that was important. I mean, the cuts on the net income side were probably about as small as we thought they could be and have some meaning. So then we looked at how much those tax cuts cost us and looked at then what we could do on the wage tax side that would still give meaningful reductions there, but help us have a relative balance between what we were proposing before for tax cuts and what we were proposing after this shift, and the net impact, I think, is about a $30 million increase in the value of the revenues foregone by the cuts.
Thank you. The Chair recognizes Councilman Greenlee.
Thank you, Madam President. Good morning. I just have a 31 2/27/08 - WHOLE - BILL 080022, etc. couple of quick questions about collection of the tax, and I'm kind of coming at it from two different angles. One, yesterday when we talked about the Five-Year Plan, I said is there much of an increase anticipated in collection of taxes, and, Mr. Dubow, you can tell me if I'm saying this wrong. You kind of described a moderate increase. Commissioner, I know you haven't been at this too long, so maybe this is an unfair question, but have you looked at the collection of all the taxes and do you think are there any ways you've thought about improving that collection yet? Again, I know you haven't been at this that long. COMMISSIONER RICHARDSON: I currently haven't been at this position long. However, I have looked at the outstanding delinquencies that were within the City. I'm looking and examining the contracts that we have 32 2/27/08 - WHOLE - BILL 080022, etc. right now with the collection agencies, who they are, can we bring some more on board. I believe in a collective approach to do things with enforcement and set an aggressive target for the Revenue Department. As you know, the projections are kind of modest, but, again, my charge will probably be to be more aggressive at doing things. Again, with tax collections, we have to reeducate the taxpayers and the citizens of the City. With the staffing we have, we have to use techniques to think that people know that we're out there and about enforcement. And I want people to voluntarily comply. Again, my mind-set coming from the state, I don't want to use the whack-a-mole approach, but if we have to, we will going down the road, too.
I agree, and I understand. Now, to come at it from the completely other angle. You and I spoke 33 2/27/08 - WHOLE - BILL 080022, etc. briefly. You were very helpful to my office in one particular case where a person -- and this had to do with business taxes -- was being brought into court even though it was clear that she paid taxes a couple years ago. She paid on time, and I understand there was some, I guess it's, computer problem with the E-gov system that -- there's a portion of time where payments aren't getting on record. Because I understand from other offices they've had that problem, too. Have you had a chance to look into that yet? Do you have any ideas about how to fix that? Because, again, we want people to pay their taxes, but if they paid already, we don't want to drag them into court. It doesn't seem fair. COMMISSIONER RICHARDSON: I agree with you. I haven't spent a whole lot of time yet with looking at the tax systems and the processes of things for payments. That is something that is on my agenda to move forward, start doing in 34 2/27/08 - WHOLE - BILL 080022, etc. the next to 30 days as well. But, again, if you have an issue with one of your constituencies, you also know to call my office directly, that we can try to take care of your situation for them in an expedited way.
I 9 appreciate that, and, again, you are very 10 helpful. Just for the record, much more 11 helpful than the Law Department, but I'll 12 leave that for another time. 13 Thank you. 14 COMMISSIONER RICHARDSON: No 15 problem.
You're welcome. The Chair recognizes Councilman Kenney.
Thank you, Madam President. I just want to go to the parking tax quickly. First of all, I 35 2/27/08 - WHOLE - BILL 080022, etc. support the concept of a parking tax raised to percent. I agree with the 4 concepts of forcing or guiding people 5 into public transportation, and also 6 since it's the cars that are driving into 7 the City that are tearing up the streets, 8 it makes a lot of sense. I also think it 9 makes a lot of sense from a taxpayer 10 standpoint that this money is going 11 directly to fix something that they can 12 see, that their vehicles are causing or 13 helping to contribute to. 14 The one thing, though, that you 15 really could try to do is maximize your 16 collections on that tax, and I'll tell 17 you the one area that really just drives 18 me crazy. A few years ago we passed a 19 bill in this Council requiring a printed 20 cash register printed receipt for all parking, including valet. Now, most structured garages when you leave a structured garage and you pay either by credit card or cash, they'll offer you a receipt. I don't know anyone who has 36 2/27/08 - WHOLE - BILL 080022, etc. ever gotten a receipt from a valet parking operation. So what you have is an unreceipted business, totally cash, and other times, other than weekends -- I'm sorry. On the valet parking bill also, we required a specific length deal with a structured or surface garage for a valet parking operation. So when the valet parker takes the car, theoretically -- not theoretically. By law, they're required to take that vehicle to a structured or surface-level parking lot. Well, as you see sometimes when you valet park, your valet parker takes your car and drives it across the street and parks it in a legal spot on the street and charges you $20 for the privilege, and does not pay the tax on it to boot. So I think heftier enforcement and the requirement of a printed cash register-generated receipt will get you numbers beyond your 16 million that you're projecting. The structured 37 2/27/08 - WHOLE - BILL 080022, etc. parking people need to pay it. The surface parking operators pay it. There's no reason why the valet operators shouldn't pay it. And that's my only suggestion, in addition to telling you I support the increase in the tax. Thank you.
Councilman, I totally agree with you on that valet parking issue. And I know that issue has come up year after year, and nothing is ever done about it. It's just so infuriating to pay $17 for valet parking, go into a restaurant, you come out and your car is parked directly across the street from the restaurant. That has to be corrected. That is absolutely absurd. And, as I said, if I were coming from out of town and being treated in that fashion, I find it infuriating. I just can't imagine how the average person finds it.
I mean, an issue relative to people, sometimes when 38 2/27/08 - WHOLE - BILL 080022, etc. they park the car in the street, it's in a legal spot, they get a ticket on top of it, because you know the Parking Authority is very efficient in their -- COUNCILMAN DiCICCO: The customer doesn't receive the ticket until they get a notice of being delinquent weeks later.
Yeah, the valet parker pulls it. COUNCILMAN DiCICCO: Because the attendant takes it off.
They pull the ticket off and destroy it. COUNCILMAN DiCICCO: And you lose that customer forever.
That is a disgrace. But that's an issue we talk about every year, and nothing is ever done about it --
-- which I think is ridiculous. 39 2/27/08 - WHOLE - BILL 080022, etc. COMMISSIONER RICHARDSON: Council President Verna, I will sit with my enforcement staff and we will look at that to try to manage and police that for the City.
Thank you. I'm sorry. Did you want to be recognized? The Chair recognizes Councilman Green.
Thank you, Madam President. Thanks for coming in today. I have a question for the Revenue Commissioner. Do you consider the growth projections to be aggressive, the growth of the local economy?
I'm sorry. Do you consider the revenue projections for the growth of the local 40 2/27/08 - WHOLE - BILL 080022, etc. economy projections to be aggressive? COMMISSIONER RICHARDSON: I consider them to be kind of accurate with what the economy is saying right now. I don't think they're aggressive. I don't think they're aggressive right now.
Yet, you highlight the potential risk of a recession. Have we built any safeguards into the budget or the revenue assumptions for a rainy day for a potential recession?
There are a couple of things that we did in the projections to show what we thought the economy -- the impact of the slowdown in the economy. One was taking our wage tax projections down from the four percent they had been to three and a half percent. We took down the transfer tax, and we only assumed that the net income side of the business privilege tax will grow two percent next year. So we did take a few steps to 41 2/27/08 - WHOLE - BILL 080022, etc. reflect the slowdown in the growth. And as the Budget Director said yesterday, while we were mindful of the potential that if there's a recession it will have a negative impact on our revenues, we didn't do a direct analysis of what that would mean.
I just have one question for the Revenue Commissioner, and, that is, do you not deposit checks every day? If you receive a check, at the end of the day is it not taken to the bank? COMMISSIONER RICHARDSON: Councilman Green, all deposits, money that comes in during the course of a day, is taken to the bank for deposit.
The way you were saying we're doing extra new things to get checks deposited on time. So it is our policy every day if the City of Philadelphia Department of Revenue gets a check, it's deposited that day? COMMISSIONER RICHARDSON: All 42 2/27/08 - WHOLE - BILL 080022, etc. cash and checks are deposited that day, sir.
Okay. COMMISSIONER RICHARDSON: Again, what Councilwoman Brown discussed was in the past. So I can't speak about in the past, but going forward, that's how things are.
Okay. I just wondered if you looked at other cities or other -- one of the goals that Councilman Goode discussed with respect to the business privilege tax was progressivity, only taxing people based on the income that they have, so eliminating the gross receipts portion, for example, as a step in that direction. Have we looked at all at an income tax versus a wage tax in the City of Philadelphia? Was that part of the analysis you've done? I understand that that would now be legal.
We didn't look at that as part of this process. I know in 43 2/27/08 - WHOLE - BILL 080022, etc. the Street Administration we had looked at that a couple of times. You know, there's a school income tax that's already in place, but we did not look at it for the City.
Okay. Is that something that you plan to look at this year before you come back next year?
We haven't had discussions about it, but we can talk about it.
Are there other -- and maybe this is best directed to Steve, but any of you feel free to answer. Are there other taxes other than parking taxes or other things that other cities have or look at that don't exist in Philadelphia, other revenue measures that we could be looking at as ways to, say, offset wage taxes or to provide additional services to citizens?
I think we're fairly aggressive in the number of things 44 2/27/08 - WHOLE - BILL 080022, etc. that we go after given the constraints of the -- there are state limits on what we can go after under the Sterling Act. So I think given what we're allowed to do, we're fairly aggressive, but the Budget Director can say whether he's seen things in other cities. (Bell rung.)
Councilmember, I think probably the city that I worked in that had the largest range of taxes was San Francisco where they also had the ability to levy a motor vehicle in lieu tax, a property tax, in the late '80s through the '90s. That's the one that sort of sticks out, but I think here you would need legislative action from Harrisburg to do something similar.
The one tax that sticks out that the City of Philadelphia does not have access to that I've seen in other cities, most notably in San 45 2/27/08 - WHOLE - BILL 080022, etc. Francisco, is a property tax, a motor vehicle tax. So it's a tax on vehicles. But that would, I suspect, take action in Harrisburg to allow the City to do it. Most states are very jealous about guarding their ability to tax fees on automobiles as part of the registration. That's the one that comes to mind immediately. With respect to the others, I think, as the Finance Director said, we do cover quite a few of the taxes you typically see in other communities.
Thank you. The Chair recognizes Councilman Jones.
Good morning. COMMISSIONER RICHARDSON: Good morning. 46 2/27/08 - WHOLE - BILL 080022, etc.
I promised you I wasn't going to ask you a question, Commissioner, but I am. First let me say congratulations. I saw you on your way to work at 7:20 in the morning, and I was very impressed. You didn't look back. You didn't wave. You were on your way to work. That's my kind of work ethic, so I appreciate that. I had a couple of questions as it related to revenue collection and to say generally, how many staff do you have that are dedicated to revenue collection? COMMISSIONER RICHARDSON: Under the revenue side, about 245 people right now.
And what would be some of the general areas that they collect revenues on behalf of the City of Philadelphia? COMMISSIONER RICHARDSON: My staff deals with all the taxes for the City. Our Compliance Bureau does a lot 47 2/27/08 - WHOLE - BILL 080022, etc. with Discovery, dealing with non-filed entities and residents in the City as well.
Does the Revenue Commissioner for Water Revenue report to you, give you information? Are you separately -- you just don't deal with it? COMMISSIONER RICHARDSON: The Deputy for the Water Department does report to me as well.
They give those reports to you? COMMISSIONER RICHARDSON: Yes.
Do you subcontract out any of those activities? COMMISSIONER RICHARDSON: We currently work with several collection agencies within the City. So we contract out for collections right now.
And who are they? COMMISSIONER RICHARDSON: NCO is one. 48 2/27/08 - WHOLE - BILL 080022, etc.
NCO? COMMISSIONER RICHARDSON: Yes. They're out in the Horsham area. And Revenue Collection Bureau is in the Northeast Philadelphia area right now.
Any others? COMMISSIONER RICHARDSON: Off the top of my head, Councilman Jones, I don't recall the others that we may be using.
Will you at a future point provide us a list of who you're dealing with. And what percentage of collections do they handle for the department? COMMISSIONER RICHARDSON: They deal with cases anything in the parameter of 5,000 and below for us. Anything above goes to the Law Department and their collection agencies they use.
How do you define and segregate out the cases that they get? Is that like a cold case, uncollectible? What criteria do you 49 2/27/08 - WHOLE - BILL 080022, etc. determine that these agencies as opposed to internal staff should get those cases? COMMISSIONER RICHARDSON: Currently, any cases that go past 90 days delinquency go out to the agencies. Again, we don't currently have the staffing in place to work outbound calls. We do more of inbound calls right now from taxpayers, as with the Water Revenue Bureau as well.
Has this department ever done it internally? COMMISSIONER RICHARDSON: Years ago the staff was about 1,200 people, going back about 12, 14 years ago. That's when it was done internally. Today with technology, we've got a reduction in staff, and that's why we are not doing it currently internally. But, again, that's something we will look at, because, again, with my mind-set coming from Harrisburg is that with a predictive dollar system, you can have outbound calls made to various taxpayers or those 50 2/27/08 - WHOLE - BILL 080022, etc. who may owe water bills. The good part is, that can be done at o'clock in the 4 evening or 7 o'clock. It's an automatic 5 phone call. But the other concern is 6 that the next morning we have to receive those calls. So if we get 6,000 people with calls, then we have to get that one percent coming in.
Has there been an evaluation as to the effectiveness of these collection agencies as opposed to in the days when we did them internally? Is there an ongoing evaluation as to their effectiveness in collection rates? COMMISSIONER RICHARDSON: I'm waiting for a report back on their effectiveness, and as you speak, I'm trying to set up a meeting with the various agencies we deal with. And we're also trying to sit down with Law to get our hands around this, too, because we're trying to work one on one in unison together with the agencies and move our 51 2/27/08 - WHOLE - BILL 080022, etc. aggressive agenda forward of collection of delinquent taxes.
Are these subcontracted agencies using call centers in Philadelphia, in the United States or outside of the United States? COMMISSIONER RICHARDSON: I can't give you that answer right now. I would presume they are. I know NCO, dealing with them, is in the Hatboro-Horsham area and other call centers throughout the implant of Pennsylvania. The one revenue bureau office we use up in Northeast Philadelphia, but I will confirm and get that information back to you.
I would be very interested in that component, because, again, if we're trying to reach that percent of folk who are under the 22 poverty guidelines, this is the type of 23 job opportunity that I'd like to see 24 Philadelphians take advantage of, number one. 52 2/27/08 - WHOLE - BILL 080022, etc. The next question is, is there a surcharge or do we... (Bell rung.) COMMISSIONER RICHARDSON: Is there a surcharge for what, sir?
When we batch these accounts, do we tack on a surcharge to the customer or do they get a percentage of the collectible? COMMISSIONER RICHARDSON: Currently, how things are done, the collection agency gets a commission. So we pay them currently in today's world.
How much of a commission do they receive, Commissioner? COMMISSIONER RICHARDSON: Right now we say 19 percent is the rate they're getting.
Thank you. The Chair recognizes Councilwoman Tasco. 53 2/27/08 - WHOLE - BILL 080022, etc.
Thank you very much. In your testimony on , you talk about that the Five-Year Plan does not include the 94.7 million in funding, but if it comes -- and which you feel confident that it might come, that it will come -- that the wage tax for '09 will drop below four percent?
Correct. Yes. It would go to 3.9 something, but it would be -- hold on. I can actually tell you. It would be 3.908. 3.908 percent in '09.
And then does that accelerate because each year you would assume you would get that amount?
Thank you. Now, could you explain to me the difference between your bill, the Administration bill, and the amendment 54 2/27/08 - WHOLE - BILL 080022, etc. from Councilman Goode?
I think they have now been amended to be exactly the same. So we support Councilman Goode's bill.
You're coming back, aren't you, during the budget portion of the --
Because I have some other operational questions. COMMISSIONER RICHARDSON: We'll be here.
I'll save them for then. Thank you. I'm done. Thank you.
The Chair recognizes Councilman Clarke. 55 2/27/08 - WHOLE - BILL 080022, etc.
Thank you, Madam President. Good morning. COMMISSIONER RICHARDSON: Good morning.
I have a few questions. I'll try to get them all in the first round, if I can. First, briefly, you talk about in your testimony the assumptions that you're using or essentially the Congressional Budget Office's projections on the revenue growth; is that correct?
The Congressional Budget Office, it's my understanding, is a non-partisan? Because it seems that --
-- sometimes the Administration reflections and projections in Washington tend not to 56 2/27/08 - WHOLE - BILL 080022, etc. be the same as the Congressional Budget Office.
-- the CBO is the way to go? In terms of the history of the Congressional Budget Office projections, has it been pretty consistent in terms of the actual outcome as it relates to their projections?
Councilmember, I'd have to go back and look precisely, but my experience in the last ten years, using a combination of projections from the Administration, from private forecasters, from the International Monetary Fund, CBO usually is pretty on target, and they have a collection of forecasters that they use as well. So they try to do an average among a wide 57 2/27/08 - WHOLE - BILL 080022, etc. range of forecasting services.
So that's probably the best indicator in terms of -- okay. The PICA debt, what's our current PICA debt?
I know we've been paying on that debt for quite some time.
Yeah. There's still -- I mean, it's still in the -- I don't want to get -- there's still a substantial amount outstanding, and it stays outstanding until 2023.
Oh, that far? Okay. That's my next question. I want to know when the likelihood of us possibly getting from under that particular debt. But none of us will 58 2/27/08 - WHOLE - BILL 080022, etc. probably be here in our current capacity, so it doesn't matter. Can you do this for me -- and I've seen projections primarily from the sponsors of these developments. Is it possible for you to provide through the Chair for members what the -- and I know you've talked about some of this in earlier testimony -- what the projections are in terms of the two proposed casinos from host fees, from any other fees to the City of Philadelphia, other than the general wage tax that comes from the state as a result of gaming, but just for these two facilities, and based on the numbers that those facilities project as it relates to employees both on the construction side and long term, what the projected best case as it relates to the numbers what we anticipate the job will pay based on their testimony, what the revenue would be associated with those jobs.
We can do that 59 2/27/08 - WHOLE - BILL 080022, etc. analysis and we'll get back to you.
As of the end of June, to go back to your last question, there was $622 million outstanding in PICA.
One last question. We had introduced maybe two or three years ago a non-utilization tax. I don't know. Rob, you may remember.
It was actually a tax that was initially introduced by the late Councilman John Anderson. Actually, I think the current Mayor actually worked for John Anderson at the time, and it was a tax that was important to them. It was actually a court challenge. That tax essentially penalized individuals for speculating or 60 2/27/08 - WHOLE - BILL 080022, etc. allowing vacant properties to sit in communities and become deteriorated and created blight within the community. As I said earlier, there was a court battle, and the original attempt to implement that bill by the late John Anderson and then subsequently we introduced a bill, I think I actually got then Councilman Nutter to co-sponsor the bill, and we attempted to have it implemented, and it essentially had a different percentage after a period of three years, and our ability to determine that that property was vacant and that property was not being utilized and not being adequately marketed, the whole nine yards, and we attempted to do that, and initially the issue about the court battle came up, and we essentially had to opt out of our position in the court to have it implemented. (Bell rung.)
The second part of the last Administration's 61 2/27/08 - WHOLE - BILL 080022, etc. unwillingness to implement the bill was the inability to determine that a property was vacant. Subsequently from that earlier testimony, the MOIS systems put us in a position where we can actually pinpoint that a property was vacant by virtue of utilizing the no 9 utilities. I mean, we just had tracking systems. And I think it really came as a result of the NTI proposal. What I'd like to know, first, if you can do a little research on that and, second, if it's something that we can finally get individuals -- and the former Revenue Commissioner, I used to have battles with her all the time on implementing that particular bill. So it would be very helpful if you can first do your analysis to get up to snuff on it and, second, if it's something that we can possibly implement.
Thank you. 62 2/27/08 - WHOLE - BILL 080022, etc. Thank you, Madam President.
Thank you, Madam President. This question is again tied to a constituent matter, and in the interest, I want to raise it in the context of the improved customer service. Does the department have a policy -- first let me say that in working on this constituent matter for soon to be a year, only after I made the call to both the Revenue Department and the Law Department was there some movement of the needle on this matter. So at the staff level, it was stuck in the mud. And so my question is, is there a policy in the department on how we should move on an issue -- is there a policy in the department around moratoriums -- let me ask that -- when a particular constituent is clearly not in a position to act on their own behalf and 63 2/27/08 - WHOLE - BILL 080022, etc. so they rely on our offices to act on behalf for them? And this was related to property potentially being liened against because they weren't in a position to pay taxes. COMMISSIONER RICHARDSON: Can you restate your question again, please?
Sure. Does the department have a policy on moratoriums around constituents who are not able to pay their taxes because of incarceration? COMMISSIONER RICHARDSON: I don't think we have a policy on that currently. We do and are willing to work with the taxpayers to make deferred payment plans, and we can extend them on various months based upon the needs of the taxpayer. In this situation, the person is incarcerated. If that's brought to our attention, we can probably make some kind of agreement with them.
Okay. COMMISSIONER RICHARDSON: We're 64 2/27/08 - WHOLE - BILL 080022, etc. here to make and help people comply. We're not here to do anything difficult for them. So we can try to work with them and work with your office to resolve this matter.
So there is an option for consideration known as a deferred payment plan? COMMISSIONER RICHARDSON: We do do deferred payment plans.
All right, then. Thank you again. COMMISSIONER RICHARDSON: You're welcome.
Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam Chair. Good morning, gentlemen.
Good morning. COMMISSIONER RICHARDSON: Good morning. COUNCILMAN DiCICCO: Constituent service issue, I just want to 65 2/27/08 - WHOLE - BILL 080022, etc. bring it to your attention. A friend of mine was down to pay his real estate taxes last week. He has multiple properties. Stayed in line for whatever length of time, got up to the counter, began paying for each of his properties. He got to the third one, paid the third property bill, went to go to the fourth one and the person at the counter said, That's it, we're only allowed to take three at a time. You have to go in the back of the line and start over again. This is a guy who can't wait to come and pay his taxes because he just doesn't want to have them hanging out. So something needs to be done. I can understand not wanting to have someone tie up an entire line, so maybe you need to look at another way of handling multiple tax bills. It was ironic, he called me up, he said, You're never going to believe this story, and he told it to me. And he had to go in the back of the line and 66 2/27/08 - WHOLE - BILL 080022, etc. start all over again. He has about a dozen properties that he owns.
He had to go around four different times? COUNCILMAN DiCICCO: I don't know if he went around four times or not, but he was just -- he was actually laughing because he couldn't believe that the City didn't want his money. They wanted his money, but under their terms, under their terms. COMMISSIONER RICHARDSON: First, we apologize to the taxpayer and we apologize to you. COUNCILMAN DiCICCO: No apology necessary. If you had somebody that's willing to pay, which is not always the case, customer service, being customer friendly is certainly -- and I don't know if that was just one teller or that is the policy. That's the purpose for my raising this today. If it is a policy down there at the supervisory level, it certainly needs to be addressed. 67 2/27/08 - WHOLE - BILL 080022, etc. COMMISSIONER RICHARDSON: Well, I don't think that was a policy. Again, we want to accept everyone's money for the City. COUNCILMAN DiCICCO: It was cash, too. It wasn't even a check. It was good money. COMMISSIONER RICHARDSON: Cash goes in direct. COUNCILMAN DiCICCO: $56,000 in real estate taxes he came in to pay that day.
He didn't leave, did he? COUNCILMAN DiCICCO: No. He didn't want to leave with all that cash, obviously. He was fortunate enough he got down there. But in any event, I just wanted to pass that on. COMMISSIONER RICHARDSON: As part of our customer service performance standards, our previous years, our spending banking also, we're looking at possible ways of servicing customers. As 68 2/27/08 - WHOLE - BILL 080022, etc. they come in, can we dedicate a line from o'clock to o'clock for large deposit customers, business customers, things of that nature. So we're putting things up and trying to figure out some best ways and best practices to service our customers in a line. COUNCILMAN DiCICCO: Again, I just wanted to raise that, bring it to your attention, because I'm sure he may not be the only person who has experienced that. COMMISSIONER RICHARDSON: Thank you for that. COUNCILMAN DiCICCO: The other question I have is regarding the parking tax. In your testimony it says that the Administration proposes to increase the rate to percent, and it says that that would increase revenues obviously by $16 million for Fiscal Year '09, and the rate will not only raise much-needed revenue, but may encourage residents to use public transportation. 69 2/27/08 - WHOLE - BILL 080022, etc. Are you factoring in the possibility that it may in fact encourage people to use public transportation, and if that were the case, would there not be less revenue coming in via the parking tax? I mean, I go through this at the DRPA where we encourage people to use PATCO, but we also would rather them use the bridge, because that's where you collect the toll. So it's kind of like this ebb and flow all the time. I was wondering if any of that has been taken into consideration in your projections. (Bell rung.)
Councilmember, we tried to be very conservative in that, and just to -- what we received in collections in '07 was about $50.3 million. The 16 million would suggest that it's on a base of about 48 million. So we were somewhat conservative in projecting forward what we would have. What we have in the budget for '08 is about 51.6, just under $52 million. So 70 2/27/08 - WHOLE - BILL 080022, etc. if indeed that occurs, I think we've got a little bit of a buffer. Experience will tell us if we were right or not on that. COUNCILMAN DiCICCO: And I know my bell rang, but has there been any consideration -- have you taken into consideration the possibility that it may have an impact on attracting people to the City? Because this was kind of an argument before I came here with the ten percent liquor tax. If you start increasing taxes dramatically on parking, will that discourage people from wanting to come into the City? That obviously would translate into less revenues in our entertainment venues, restaurants and the like.
Councilmember, that was something that we talked about. Given the going rates for some of the garages downtown, our expectation is that the demand will not drop off significantly. There is the possibility, 71 2/27/08 - WHOLE - BILL 080022, etc. as with any tax when you're raising the rate, that it will have an effect on economic activity, but today we're of the opinion it's not going to be major. COUNCILMAN DiCICCO: I'll wait for my next round. Thank you, Madam Chair.
Thank you, Madam Chair. Good morning, gentlemen. COMMISSIONER RICHARDSON: Good morning.
I just had a question, and more or less I think it's been covered by most of my colleagues in this Council this morning, and it has to do, of course, with collection. We're trying to, of course, lower taxes. And I agree with my colleague, Councilman Goode, when he says that the gross receipts tax is probably the worst tax in 72 2/27/08 - WHOLE - BILL 080022, etc. the world, and I think the sooner we eliminate it, the better off we're going to be, but in doing so, what I'm concerned about is an editorial today in the Daily News that had -- it was based on an audit from the Controller's Office of not collecting $161 million in water revenue. I don't know how our -- or maybe could you tell me, is that a realistic number that we could look forward to collecting? Because I know a lot of these properties are probably no 14 longer existing, and therein lies the number, that a lot of people when they read that are going to be very, very upset. They're going to look and say, I'm paying my water bills, why do we have this huge amount of uncollected revenue. And one of the things that -- and this is something that's been going on for years now. Now, maybe I think the appropriate time would be when the various commissioners come in here, we're going to be leveling that at them, but I would 73 2/27/08 - WHOLE - BILL 080022, etc. just like to ask you, first of all, what is realistic today? And property taxes are another one. We have vacant buildings around here for eight and ten years, which no 7 one is paying any taxes on. I know it. And what can be done about expediting the collection of those taxes or taking over the property and selling them with the sheriff's sale or whatever. COMMISSIONER RICHARDSON: Currently, the water bill, the $161 million that you saw in the paper today, a lot of that is probably stale accounts that have been around for 15, years. 17 So is it a collectible? I don't really 18 think so. 19 As with regard to real 20 estate --
But do you think anything of that 161 million would be collectible? COMMISSIONER RICHARDSON: Yes. I can't tell you what the dollar amount 74 2/27/08 - WHOLE - BILL 080022, etc. would be, but a lot of that is collectible. Some of the things we're doing differently again with the Water Revenue Bureau, we have the new basis2 system in, so that will help us track and work with compliance and enforcement on the outstanding money that is delinquent. We'll be working with some of the larger accounts that were in the audit to talk to them about making some payment arrangements as well as what the Controller found. So we'll be trying to put in place my comments and move in the right direction to collect the delinquent accounts. As with regards to the real estate side on delinquent accounts that have been around for years, I don't know if you saw the article on Monday or in the paper, Lineberger placed an ad in the paper with all the delinquent real estate properties in the City that they right now are trying to pursue collections for 75 2/27/08 - WHOLE - BILL 080022, etc. us. So we, again, are trying to be aggressive in our collection efforts. The Department of Revenue and the Law Department, in working with our various agencies, assist us with this.
How successful are they in collecting those real estate taxes? COMMISSIONER RICHARDSON: Thus far, since September, they've collected about $11 million on the delinquent real estate taxes.
And how much is outstanding? COMMISSIONER RICHARDSON: I don't recall off the top of my head what's outstanding right now. I forget right now, Councilman, how much is outstanding. I can get that information for you, though.
Okay. I'd be interested in that. Okay. Thank you, Madam Chair. 76 2/27/08 - WHOLE - BILL 080022, etc.
I just want to piggyback on that as a point of information and take the privilege of the Chair. We have similar problems in my district with a couple of businesses that owe the City a lot of real estate taxes, but because there are probably a lot of other liens, maybe federal or state liens that may take precedent over the City, I find it difficult to get the City to move to collect those taxes. Is that one of the problems, or could it be one of the problems? COMMISSIONER RICHARDSON: It's possible that the federal or the state may have a lien in front of us. However, we still need to pursue with collection efforts on delinquent taxes. Again, we need to talk to those various businesses. Not just going for all the money at one time, but, again, setting up some deferred payment plans that may be workable for them within the confines of 77 2/27/08 - WHOLE - BILL 080022, etc. their budget.
Well, a number of them are in that position because of the payment plans and they never honored the payment plan. What we really tried to do is bring a couple of them to sheriff's sale so that we could acquire those for some other use, but it was very difficult to get that process moving. COMMISSIONER RICHARDSON: Well, as we sit down and look at our future enforcement goals, we will try and address and identify what you're bringing up right now.
Yes. Well, you're actually next anyway, so you may go ahead.
Well, don't start my time. This is a point of 78 2/27/08 - WHOLE - BILL 080022, etc. information. (Laughter.)
Thank you, Madam Chair. I believe that there should be no -- a City lien against a property for taxes would take precedence over -- because it's an actual lien against the physical property -- would take precedence over any state or federal tax liens. So there's no reason that we shouldn't be -- absolutely. It's a lien against the property. It's like a mortgage lien. COMMISSIONER RICHARDSON: Councilman Green, unfortunately, if the state or the IRS get a lien ahead of us, they're in position to be ahead of us. We may be a junior lien, so we don't take precedence as a city, unfortunately.
So that's a failure to file a property lien once property taxes are delinquent. In other words, there should be no situation 79 2/27/08 - WHOLE - BILL 080022, etc. where -- if people aren't paying their federal income tax, they're not paying their property tax. There shouldn't be situations where the feds and the state file liens against properties prior to the City having its tax lien filed. If you can get back to me on the process for the City to actually filing tax liens against citizens who don't pay their taxes, I have -- usually it happens immediately. As soon as it's delinquent, we should have a tax lien in. There's no reason not to, so that we're first in line. COMMISSIONER RICHARDSON: We can get back to you in the process how we file liens, but you have to realize also, sir, if you are a sole proprietor of a business and you owe the state for sales tax, they're going to go after you first. You may be compliant with paying your City real estate taxes every year. We cannot know who may be ahead of us.
If you're 80 2/27/08 - WHOLE - BILL 080022, etc. compliant in paying your real estate taxes, we have no reason to lien the property. If you're not, we are. I'm just saying, are we waiting so long to get -- I just want to know what our process is for filing a lien and whether or not we're doing it the instant the property is delinquent that would put us first in line. COMMISSIONER RICHARDSON: We'll get that information to you.
Thank you. Back to my alternatives. Do any of you have a comment about land value taxation versus our current real estate property tax?
Councilmember, upon taking this job, one of my first communications to the Finance Director was to offer a contrast with the City of San Francisco, which levy a one percent plus special taxes on property taxes under Proposition 13, and I think for the fiscal year, I believe it was, '07, they 81 2/27/08 - WHOLE - BILL 080022, etc. collected somewhere in the neighborhood of $900 million in property taxes. In contrast, we collect something about half of that for about the same period of time. San Francisco also has a payroll tax, very equivalent to the wage tax that we levy here, and I think the last percentage, if I remember this correctly, was approximately one and a half percent, and they collect approximately $400 million as opposed to the almost 1.23 billion that we collected in that year. There's an argument there as to sort of where those taxes should fall and maybe a rethinking of how we look at the tax structure generally for the City. But that's just one example. In most of the communities I have been in, the property tax is, by and large, the single largest, if not the dominant, 70, 80 percent, of what is raised by local governments. It's just very 82 2/27/08 - WHOLE - BILL 080022, etc. different here.
I just had a question about -- and it was touched on a bit yesterday by Councilman Greenlee on real estate tax revenue. How is it possible to have a down year in real estate tax revenue collections? In other words, the growth is projected minus 0.8 percent for this fiscal year over the previous year. Even if nothing else changed, is that just a matter of poor collection?
That's because we shifted millage to the Philadelphia School District.
It was worth about, 83 2/27/08 - WHOLE - BILL 080022, etc. I think, $18 million. So if you didn't have that shift, that current portion would go from 367 to 376 and you'd have growth.
Okay. And I'd just like the Revenue Commissioner to respond to the question Councilman Greenlee asked yesterday, which is we're projecting an average of, say, 3.9 percent a year over the next five years' increased collections from property tax. Given the state of the economy, housing prices, the stagnant market, the continued time it takes to sell a property or the increasing time it takes to sell a property, is that realistic?
I know you'd like him to answer the question, but part of what it's based on is the history of what's been happening here with assessments, and he doesn't have that history.
Part of the reason 84 2/27/08 - WHOLE - BILL 080022, etc. that we have that growth is that there was a lull in assessment activity, and the head of the BRT has told us that they're going to go back to kind of a more normal reassessment process, and we think that there will be some catch-up as they do that.
You're welcome. The Chair recognizes Councilman Jones.
We were rudely interrupted. Just a couple of quick questions. In your collection of municipal tax real estate, have you experienced a spike in delinquency at all? COMMISSIONER RICHARDSON: Councilman Jones, I can't tell you that right now. I can get back to you on that one. 85 2/27/08 - WHOLE - BILL 080022, etc.
My rationale for that question is, as you're aware, I'm looking at possibly requesting a moratorium on sheriff's sales. I do not at this time want them necessarily to be municipal-related sales, but if there is a problem, I'd like to be made aware of that. And what I am looking for are whatever indicators, whether there is a spike in delinquency of real tax, and I would imagine that at some point that might be the case, but to make your department aware that we are looking for those types of indicators that may mean that we intercede on behalf of people who are about to lose their homes. So I'd like to gain some access to data that might reflect one way or another what's going on by way of delinquent real estate taxes. COMMISSIONER RICHARDSON: We'll get that information to you.
The 86 2/27/08 - WHOLE - BILL 080022, etc. Chair recognizes Councilman Clarke.
Thank you, Madam President. A couple of quick ones. Last year the Administration announced an aggressive tax collection policy. I think Lineberger was the -- and there was a number. Off the top of my head I can't remember what that number was that they anticipated that they would be able to collect. What is the status of that collection?
So far, the Revenue Commissioner has just told me that there's been $11 million in collections through that program. So that program is ongoing.
Does anyone remember what the projection was of the collections?
There are two different answers to that. One is, there was a press conference and there was a fairly large number announced. 87 2/27/08 - WHOLE - BILL 080022, etc.
About 40-something million. By the time it got to putting numbers in a plan, it was more like a couple of million dollars a year.
Eleven. Is that both City and School District? COMMISSIONER RICHARDSON: Yes.
So that's both City and School District. So 60 percent of that roughly would be School District.
Is it anticipated that our collections will continue at that pace or are we on a slowdown or being more aggressive, uptick in the collections? COMMISSIONER RICHARDSON: I would hope we would continue at that pace or better. I can't really tell you right now. Again, that's with -- the Law 88 2/27/08 - WHOLE - BILL 080022, etc. Department manages that contract with Lineberger right now.
Okay. I don't know if you guys can answer this question, but I think somehow Revenue is involved to some degree. Under the NTI program in the acquisition phase, using condemnation, every property that was demolished or had any other liens, those liens should have been settled at the time of the condemnation of those properties and then subsequently the funds associated with the settling at the time -- I'm sorry; associated with the revenue the liens at the time were closing should have been recycled back into Councilmembers' acquisitions budgets. And I'm understanding -- I know there was some controversy in the latter part of last year with some of the members about that money. Do you know where we are with that? Because I understand it's like $700,000, the recycling amount and then 89 2/27/08 - WHOLE - BILL 080022, etc. there should be substantially more.
That program is still in place. What we do is look at how the revenue comes in through the year, and then at the end of the year, in the year-end transfer ordinance, we move money over to OHCD. It sounds like it's not a giant number so far this year, but it's still there.
Well, my concern is that it's going to be merged into the General Fund and not be recycled, because I didn't get a sense that people were paying significantly detailed attention to that process, and when that money gets recycled, I'm concerned, and actually somebody told me that it was getting funneled back into the General Fund.
My understanding, that it isn't, but I will check and make sure.
Who is responsible for administering that? 90 2/27/08 - WHOLE - BILL 080022, etc.
OHCD provides information to Budget and says, This is what should be transferred back as part of the recycling agreement.
Is it OH and RDA or just OH? Because RDA is actually dealing with the condemnation. That's my concern. There's like a lot of people in this.
So OHCD has to determine from Redevelopment Authority what the liens were on the property?
And then they contact the Administration and say, This is the amount that should be recycled back into the individual Councilmembers' acquisition budget?
We can check into that. We'll go back and make sure that 91 2/27/08 - WHOLE - BILL 080022, etc. the process is working correctly.
Given the fact that I've depleted my budget, that's kind of important.
You're welcome. The Chair recognizes Councilwoman Sanchez.
Thank you, Madam President. I had a couple of areas of concern. On the reassessment piece, until we resolve the issue of full value, I have a real concern, because I have a district where we're at 60 percent assessment at the highest rates. So when you talk about some of your income projections are based on them going out and reassessing, I have a serious concern, because that's going to impact me more, because our assessment 92 2/27/08 - WHOLE - BILL 080022, etc. percentages has always been higher, proportionately higher. So I want to put that on the record that I have a concern about that. As it relates to collections -- and I brought this up during the testimony of the City Solicitors -- in dealing with some of these companies that are doing some of the collections, I find that the application of the rules and the process is different. And I have some specific concerns as we deal with a more aggressive collection strategy and how we deal with homeowners versus speculators or, slash, investors, in my case some speculators, because we've had a couple of cases where people have gone in and made a significant payment, but then they still wouldn't give them an agreement. So they took the check. The person was under the understanding that they can get into an agreement, and then they didn't enter into the agreement. So I have some concerns that as 93 2/27/08 - WHOLE - BILL 080022, etc. you revisit that, that how we deal with homeowners, in particular low-income homeowners who want to figure out how they comply and how we deal with other folks, that we're considerate of that situation. And the other thing, going to what Councilman Clarke said in terms of the liening of properties, particularly those under NTI, my understanding is -- and this was done -- my understanding is that it was done just for expediency. We've been doing a lot of remediation work on the lots. In my particular case, I have 200-and-something new lots as a result of NTI, with very little acquisition, but the remediation work that we're doing on the lots, we're not liening them. So potentially for us to acquire these lots that I'm going to have to take care of until I can redevelop it, we need to create a process by the work that Commerce is doing and some of the 94 2/27/08 - WHOLE - BILL 080022, etc. other ones in terms of the lot maintenance, that we begin a process to lien those. COMMISSIONER RICHARDSON: Thank you. We'll look into, first and foremost, those taxpayers that are getting payments and not getting receipts or agreements, and also with the lot situation, too.
And the reassessments. That's a real concern, because if not, I'm going to have to be very aggressive on that, because, again, until we have full value, we understand as a city that there's parts of the City whose percentage is much higher than others. We want to be aggressive and collect, but we already know that proportionately poor folks have paid a lot more taxes. Thank you.
You're welcome. The Chair recognizes 95 2/27/08 - WHOLE - BILL 080022, etc. Councilwoman Brown.
Thank you, Madam President. I'm actually waiting for a matter I wanted to put on the record, but while I wait for that copy from my office, on of your testimony you talk about displaying signs of weakness in a residential real estate tax. It in some ways may be a follow-up by a question raised by Councilman Green. In addition to that having potentially an impact on taxes going to the School District, what might be some of the other negatives or positives with the displaying signs of weakness in the residential real estate tax?
Councilmember, the place where you see that displayed most clearly is with the transfer tax, the real estate transfer tax, where, as we've said, the estimate that we have is for approximately one percent growth from FY08 to FY09, and we are actually 96 2/27/08 - WHOLE - BILL 080022, etc. anticipating that the $205 million that we had initially put in the budget for 2008, which in and of itself was a decrease from 2007, is going to be down by another eight million. And so our estimate for '08 now is 197 million. Moving forward into '09, 199 million. Yesterday there was a report by probably one of the preeminent indicators with respect to housing prices that for the balance of the country, using their ten- or 20-city composite, they're looking at unprecedented drops in housing prices. In some cases it's or 16 percent over the past year for markets, I 17 think most notably Washington, for 18 example, or in Florida like Miami. Where we'll see that weakness is in the transfer tax. That's a bellwether for what could happen in other places. A lot of folks have been using their homes to sort of get equity lines of credit to enable them to purchase large consumer items, whether they're 97 2/27/08 - WHOLE - BILL 080022, etc. automobiles or consumer durables. So that could have quite an impact and a ripple impact, and that's something that I'm certainly watching on a monthly basis whenever these reports come out, because it's something to be mindful of.
All right, then. Thank you, Madam President. I'll have to circle back, because I don't have that document yet. Thank you.
Thank you. Councilman Green, you're next. Shall I go to the --
Thank you. Thank you, Madam President. Good morning. I have a couple of questions regarding the economic conditions that you talk about in the Five-Year Plan and 98 2/27/08 - WHOLE - BILL 080022, etc. also your testimony. Under the Economic Conditions portion of your testimony you're saying that the City estimates a 3.3 percent growth in 2008. How does this compare to the surrounding cities and what do you estimate the necessary rate of growth should be, particularly to impact poverty that we all talk about? I mean, the poverty rate here in Philadelphia is so high. So the question is, how does Philadelphia's growth, 3.3 percent growth, compare to the surrounding cities and what do you estimate that this necessary rate of growth should be?
Councilmember, we haven't really looked at the other cities. We can do that. We can look at the sort of metropolitan economy if you're interested in that, but I don't have that in front of me. My guess is that it's probably doing as well, if not a little bit better, but that's just a guess without sort of hard data to back 99 2/27/08 - WHOLE - BILL 080022, etc. that up.
I notice in some part in the Five-Year Plan it talks about the decline in population here in the City and also a decline in the City's job base, and I was also wondering, also it said that in the Philadelphia suburbs that they have an employment gain of between two percent and four percent, according to the Federal Reserve Bank, and I was just also wondering if you knew what types of jobs had actually caused that increase. Was it retail? When I go to the suburbs, it's just a whole bunch of malls that are being built and sort of some business centers. I'm not really sure.
Councilmember, I think you're right. I think there are places like in the retail services sector or just retailing that you're seeing those increases, and you're probably not seeing a similar kind of growth here in the City. In the City, those areas that 100 2/27/08 - WHOLE - BILL 080022, etc. have been generating the largest growth in terms of jobs and wages have been our educational sector as well as our healthcare sector. Without those two sectors, it would be a different economy for us. So it's a good thing that they're growing as robustly as they are. My guess is, you're not seeing that kind of growth in the outlying areas, but there are aspects of the sort of surrounding region outside of the City that have stronger across-the-board growth, as opposed to us where we have very strong growth in a couple of industries and sectors.
What I was hoping was that Philadelphia -- I mean, there's been a drive and a wish to reduce taxes for quite some time, and I know I've always heard that it's to help promote businesses moving into the City, but I also hope that there's somebody doing some planning and strategy to not just reduce taxes to bring in businesses, 101 2/27/08 - WHOLE - BILL 080022, etc. but businesses that will be open to hiring our residents, to start to begin to decrease the poverty level and help impact the unemployment rate. So I'm hoping that that's what all of this is about.
And I haven't heard that. All I keep saying is, we need to bring in more businesses. Well, we can assume that it's to help with unemployment, but I've never read a strategy that will go out and actually figure out, well, what industries are growing here, what are the needs here. I haven't heard that.
I mean, that's definitely something that we focus on. It's something that the people in the economic development area know in a lot more detail, and I'm sure when they come in, they'll be able to walk you through that.
So 102 2/27/08 - WHOLE - BILL 080022, etc. that's, what, Commerce?
Thank you. I just had a question about electronic remittance and whether or not taxpayers can electronically remit their tax payments to the City of Philadelphia. COMMISSIONER RICHARDSON: Yes. They can do that online. We do have it on the website.
So people don't have to come into the office? COMMISSIONER RICHARDSON: They do not have to come down to the office.
And that's every kind of taxpayer can do that? COMMISSIONER RICHARDSON: Yes. 103 2/27/08 - WHOLE - BILL 080022, etc.
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. A few questions, four to be exact. What will the gross receipts reductions under 022 and 157 cost?
They cost, over the life of the Five-Year Plan, roughly $200 million.
Oh, I'm sorry. I gave you the whole -- the whole business privilege tax cut is about 200 million and I think 77 of that --
The 104 2/27/08 - WHOLE - BILL 080022, etc. Chair recognizes Councilman Goode for a point of information.
125, right. I was just getting there. Yeah. So over five years, it's $125 million in foregone revenue from the decrease in the gross receipts tax.
You said gross receipts portion 125 over five years?
So, in other words, it's going to cost us 125 and the 77 over five years?
Can the City afford the business tax reductions without slowing down the wage 105 2/27/08 - WHOLE - BILL 080022, etc. tax rate reductions and repeal of the Cohen tax reductions for low-income taxpayers?
The Plan has about $160 million in additional revenue from slowing down the wage tax cuts. So if we did not decelerate those reductions, we would have to find that money elsewhere in the Plan.
There's about $160 million in savings to the Plan from slowing down the wage tax cuts. So if we didn't slow them down, we'd have to find that 163 million elsewhere in the Plan.
So we are slowing down wage reductions to the tune of $160 million?
So it does not affect our low-income taxpayers to the tune of $160 million.
Well, one of the 106 2/27/08 - WHOLE - BILL 080022, etc. reasons that we thought we could do that is, we expect to get money from the state that's dedicated -- the gaming money from the state dedicated to wage tax reduction, and that's worth about $95 million a year. So when you add that in, you actually have faster wage tax reduction than we had in last year's Plan.
Yeah. The state gaming law, there was an amount of money that was dedicated specifically to come to Philadelphia to reduce the wage tax rates.
What additional revenue does the City hope to collect in new fees under 080163 and 164?
Councilwoman, we're not considering those bills until we're completed with the tax bills.
Let me 107 2/27/08 - WHOLE - BILL 080022, etc. in general then ask --
We'll talk about the fee bills after the tax bills.
All right. Then the bills we just mentioned, do they, in your opinion, then shift the tax burden from businesses to individual wage earners who are residents of our City?
No. I think we'll wind up with lower taxes on both sides, and when the state money comes in, lower taxes on both sides that have been anticipated in earlier Plans. So I think both sides will see reductions. The burden will be lighter on both businesses and residents.
All right. That's what we look forward to. I don't believe Council wants to be in a position of hurting wage earners who live here to help businesses who may not. 108 2/27/08 - WHOLE - BILL 080022, etc. Thank you, Madam President. I'll hold my other question then for now.
Thank you. The Chair recognizes Councilwoman Brown.
Thank you, Madam President. I want to seize the moment and just put on the record a business privilege tax bill I introduced that's really designed to help entrepreneurs/artists, micro-businesses, like those who sell Avon and the like, and start-ups. And so I want to put it on the record, with at some point having a broader conversation about this. It does two things. It changes the BPT creating an annual license and eliminates the temporary license, because typically artists come from out of the City and they're burdened with all of the obligations that business privilege owners in the City have to honor when it 109 2/27/08 - WHOLE - BILL 080022, etc. comes to business privilege licenses. So, A, I want you to be aware of it, and, B, I guess ultimately what the positive or negative impact might be, because right now it's onerous when it comes to artists, starving artists, who make no 8 money, but want to do business selling their passion. So we'll be offering that up to you for a look-see and feedback.
You're welcome. The Chair recognizes Councilman Green.
I want to follow up on the last question I asked the Revenue Commissioner about electronic remittance with just a couple of questions. Some things you're going to have to get back to me with. But how much do you charge somebody who wants to remit electronically? 110 2/27/08 - WHOLE - BILL 080022, etc. COMMISSIONER RICHARDSON: I don't know that off the top of my head. I can get that to you.
It is my understanding that basically the only way to do it is to pay with a credit card. COMMISSIONER RICHARDSON: Yes, and there's a fee for that.
There's not direct debit from your bank account into the City system and other things that would have no fees associated with it? COMMISSIONER RICHARDSON: Not currently.
That's correct. So the amount of money we're talking about for property taxes or business taxes or other things. Adding two percent for credit card fees to the tax bill really discourages electronic remittance.
We understand that this is an issue, and we're actually in the process of analyzing what that two 111 2/27/08 - WHOLE - BILL 080022, etc. percent means in terms of discouraging people and looking at other places where they don't charge it and whether they have a much higher usage rate and what the trade-off between those two would be.
I would point you to the paper I've sent you all, Paperless City Government, and suggest that the cost of having people open mail, keystroke in checks, keystroke in this taxpayer and the cost of people standing there taking collections, if you could encourage people, give them even a discount to file electronically versus an extra charge, that the savings or the efficiencies produced from electronic remittance will over time far exceed the current costs of the whole system.
We agree with you this is an important issue and we're doing our own analysis, but we understand what you're saying.
Okay. Since you said yes, we do, I just wanted to 112 2/27/08 - WHOLE - BILL 080022, etc. point out -- what percentage of people actually remit electronically; do you know? COMMISSIONER RICHARDSON: It's not a very big percentage of people that do right now.
If you could get me the percentage that do that both in percentage of total dollars remitted and percentage of actual taxpayers that remit that way, and then also all of the costs attendant with the current collection systems, I'd appreciate it. COMMISSIONER RICHARDSON: Yes.
Thank you. Are there any other questions from members of the Committee? (No response.)
We will now consider the fee bills: Bill 24 No. 080162 through 080165 and Bill No. 25 080168. 113 2/27/08 - WHOLE - BILL 080022, etc. Commissioner, I failed to congratulate you on your appointment, and I certainly want to wish you the very best. COMMISSIONER RICHARDSON: Thank you, Council President.
Good luck. (Witnesses approached witness table.)
Good morning. Please identify yourself for the record and proceed with your testimony.
Good morning, Chairperson Verna and members of the Committee. My name is David Perri. I'm the Chief Engineer for Surveys and Design for the Department of Streets. With me today is Deputy Commissioner Michael Zaccagni and Nancy Sen, who is the Director for Transportation Planning and Analysis. I will briefly summarize our testimony in support of Bills 080162, 114 2/27/08 - WHOLE - BILL 080022, etc. 080163 and 080164. Combined, these three bills will support the following seven objectives: No. 1, to transfer the permit issuance responsibility for the use of the right-of-way for temporary storage and construction materials in the roadway from the Department of Licenses and Inspections to the Department of Streets; No. 2, will provide the Department of Streets with the authority to charge supplemental inspection fees whenever work or activities that are regulated under Title 9 or Title 11 occur without first obtaining a permit; 3, will provide the Department of Streets with the authority to establish permit fees by regulation for activities that are regulated under Title 11; 4, will provide the Department of Streets with the authority to establish optional accelerated services for survey activities and for the review of private paving plans; 5, it will provide the 115 2/27/08 - WHOLE - BILL 080022, etc. Department with the authority to charge permit fees for the placement of pods, dumpsters and other construction equipment in the right-of-way; 6, it will provide the Department of Streets with the authority to charge permit fees for partial and full street closures; and, 7, it will change the valid operative time for a street opening permit from two weeks to 30 days and eliminate renewals of those permits. These seven objectives support three goals of the Department: No. 1, to improve customer service; No. 2, to obtain cost recovery for our services; and, No. 3, to improve pedestrian and bicycle circulation by providing a disincentive for the extended use of the public roadways and sidewalks for staging construction, maintenance and loading activities. Thank you for consideration of these bills, and we're available to answer any questions. 116 2/27/08 - WHOLE - BILL 080022, etc.
Thank you very much, Mr. Perri. Under Bill 080162, it would be for permits for the street openings and the excavations. What is the revenue implication of this bill to the Proposed Budget and Five-Year Plan?
In terms of all the bills together, the bill for occupancy on the street for closing a lane or a sidewalk, right now we collect no revenue for those activities and we are projecting $800,000 per year.
$800,000 a year for occupancy on the sidewalk or for a travel or parking lane or for a full street closure. The additional revenue under Bill 080162 for the breaking and restoring of streets, we're still looking at the exact revenue projections for that activity, but it's not expected to be a minor increase -- it's not expected to be 117 2/27/08 - WHOLE - BILL 080022, etc. a major increase.
Is it in the Plan? Is it in the Five-Year Plan? Is it in the Proposed Budget? DEPUTY COMMISSIONER ZACCAGNI: The breaking of streets is not in the revenue stream for the proposed budget.
When do you think you would have some estimation as what the implications would be of this bill? DEPUTY COMMISSIONER ZACCAGNI: We can have that relatively soon.
Bill 16 No. 080163, what are the revenue implications of this bill to both the Proposed Budget and the Five-Year Plan? DEPUTY COMMISSIONER ZACCAGNI: That's actually referring to --
I'm sorry. You're going to have to identify yourself for the record. DEPUTY COMMISSIONER ZACCAGNI: Okay. My name is Michael Zaccagni, 118 2/27/08 - WHOLE - BILL 080022, etc. Deputy Commissioner for Streets. That bill for survey services would increase our revenue stream by approximately -- including increases in the cost for surveys, accelerated survey fees, which is a new service that we'd like to provide, and also for hauling permits, which hasn't been changed, I believe, since 1981, about the total cost for increase in revenue is about $550,000.
And is that reflected in the Five-Year Plan? DEPUTY COMMISSIONER ZACCAGNI: Yes, it is. The only one that is not was the one for the breaking of the streets. Everything else is.
And can you tell us what your justification of these proposed changes are? DEPUTY COMMISSIONER ZACCAGNI: What we're looking at is trying to do cost recovery for our survey fees, which at the moment are below what it costs us 119 2/27/08 - WHOLE - BILL 080022, etc. to actually provide the service. So we're looking at that. It has not changed, I think, since 2006. In addition, we're including a fee for accelerated service, so if someone wants to provide better service where we're going to have to do something a little more extraordinary to get them, we're establishing a fee there. The third part is for hauling permits, and that fee, I believe, hasn't been changed since 1981. So there's two things, and Mr. Perri can talk to actually the efficiency part. If I remember, there's a piece on us trying to get those things done more quickly, but also readjust fees so that it's a simpler fee structure, and that also will result in additional revenues.
Thank you. Let's go to Bill No. 080164. Again, I would ask what is the revenue implication on this bill to the Proposed 120 2/27/08 - WHOLE - BILL 080022, etc. Budget and the Five-Year Plan? DEPUTY COMMISSIONER ZACCAGNI: That's one that Mr. Perri mentioned earlier. It's the closure of streets.
The 800,000. Very good. Bill No. 080165, I would ask a question that shouldn't have to be asked. Why -- DEPUTY COMMISSIONER ZACCAGNI: I'm sorry to interrupt, but that one is not actually a Streets Department. I believe that's L&I.
Just a moment. Mr. Perri, is 68 yours? DEPUTY COMMISSIONER ZACCAGNI: No. 23
Okay. Just a moment. Would you mind staying there? 121 2/27/08 - WHOLE - BILL 080022, etc. DEPUTY COMMISSIONER ZACCAGNI: Sure.
Does anyone have any questions of the Streets Department? Councilman Greenlee.
Just quickly, Madam President. On the issue of the cost for the placement of construction equipment and also on the storage, do you see -- because I know we get complaints once in a while -- that sometimes the construction companies take liberty on that, that they don't really need to do that and they're taking away parking spots or they're taking away access to the sidewalk? I guess this maybe fee isn't enough. Do you think that would get people to maybe think, Well, do I really need to do this in certain occasions, or do you not think the fee is enough that it would make that much of a difference? 122 2/27/08 - WHOLE - BILL 080022, etc.
I think the fee will provide a disincentive for contractors to occupy the street for an indeterminate amount of time and make their closure larger than it needs to be. What we're looking at is a fee that's based upon the size of the closure and the length of time. So there are two disincentives in there. We want them to keep it small and we want them to get in and get out as quickly as possible.
Because that is obviously a complaint. I'm sure you hear it, too, from residents who say, Geez, it seems like they're there forever and do they really need eight parking spots instead of two or three?
That's exactly right. That's the problem that we're trying to solve with this bill.
Thank 123 2/27/08 - WHOLE - BILL 080022, etc. you. And thank you so much for all the work you do. I personally want to thank you publicly. I think you do a magnificent job.
You're welcome. DEPUTY COMMISSIONER ZACCAGNI: We appreciate that. Thank you.
Thank you. Okay. L&I regarding Bill No. 16 080165. (Witness approached witness table.)
My first question, sir, is, why didn't we receive testimony of this bill ahead of time?
I was not aware that I would be testifying on the bill 25 today. There was some miscommunication 124 2/27/08 - WHOLE - BILL 080022, etc. with the coordinator of the bill. I was under the impression that the testimony would be given by the Budget Director and the Finance Director.
Well, I think we're going to hold very firm to our rule that we receive a copy of the testimony. Mr. Dubow.
Yes. We know that we did not do this the right way this time and we'll make sure it does not recur.
Thank you. For the record, can you tell us what this bill does?
Yes, ma'am. Good day, Council President Verna and members of the Committee. I am 125 2/27/08 - WHOLE - BILL 080022, etc. Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today I am here to provide testimony on Bill 080165, which, if enacted, will amend provisions of the Administrative and Zoning Codes related to the fees the Department charges for the issuance of certain construction permits and real estate seller certifications in order to cover its costs to administer and enforce provisions involving this activity. The Department proposes to increase the fee for construction permits that are issued for one- and two-family dwellings from the current $25 to $50 to adequately cover the cost involved with permit issuance and conducting inspections of the activity to ensure compliance with safety codes. This $50 fee is comparable to fees that are charged by other urban municipalities in the country; in particular, Baltimore and Pittsburgh, which charge similar fees of 126 2/27/08 - WHOLE - BILL 080022, etc. $50 and $40 respectively for the administration and enforcement of a regulatory program geared toward the issuance of construction permits involving one- and two-family dwellings. We conducted a survey of eight other municipalities in addition to Baltimore and Pittsburgh to compare our fees for this activity with theirs and found that on average our proposed fee increase is equal to or less than the fees charged by many of these municipalities. The proposed fee increase will also generate $236,850 in additional revenue for the City. With regard to the increase in fees related to the issuance of real estate seller certificates from the current $50 to $100, due to the Department's ability to now issue these certificates online utilizing our computer system for code enforcement as developed by Hansen Technologies, the purpose of this amendment is to eliminate 127 2/27/08 - WHOLE - BILL 080022, etc. the fee we now charge for accelerated manual processing of real estate certifications, which is $100, as this service is no longer necessary due to technology, and to charge a uniformed fee of $100 for the issuance of all certifications to cover the Department's costs. The $100 fee that is proposed is the same fee we currently charge for automated transactions. The issuance of real estate seller certifications is mandated by state law, Act 652 of 1961, which requires the property owner/seller to obtain a certification statement from the City in order to be given to the buyer prior to settlement which indicates the legal zoning classification for the property in question as well as whether the Department has any recorded violations affecting property maintenance, building, fire or safety of the property. Act 652 does not prohibit municipalities from charging a fee for 128 2/27/08 - WHOLE - BILL 080022, etc. the issuance of this certificate in order to cover its costs related to reviewing records and processing applications. The fee increase that we propose mirrors the fees charged by the City of Pittsburgh, which is the only other comparable municipality in the Commonwealth that is subject to the same requirements for the issuance of real estate seller certifications. We estimate that the proposed increase in fees for this activity will generate $313,330 in additional revenue for the City. Thank you for the opportunity to present the Department's testimony. I'll be happy to answer any questions.
Thank you very much. Thank you. The Chair recognizes Councilman Greenlee.
Thank you again, Madam President. Good afternoon, Mr. Haigler. 129 2/27/08 - WHOLE - BILL 080022, etc.
Just a quick one on the certifications. Is there an estimate now like once all this is computerized how much time it will take when somebody applies?
Well, it's pretty much instantaneous. It's already been computerized, from what I understand. The public can now access the system that we have in place to get their real estate seller certification instantaneously.
Specifically for one- and two-family dwellings. For occupancies other than that, there is some research that's required to determine what the zoning classification is for the property and whether or not there are any violations, any additional violations that might be on the property. But it's pretty quick as we're speaking now, and we receive a lot of feedback 130 2/27/08 - WHOLE - BILL 080022, etc. from the real estate community. They're very satisfied with this service.
No. We always go by what complaints we don't get, that it must be going well, and we haven't received complaints like we used to. I know the time frame was always a big complaint that people had. Just on the multi-family dwellings above two, though, any rough idea how long that would take?
You said the one and two you can get instantaneously, but the others take a little bit more research. What kind of rough time are we talking about?
It takes a little time to do some research in our zoning records. Our zoning records are not computerized. They're still manually paper records. I would surmise, just a guesstimate, roughly maybe a couple of 131 2/27/08 - WHOLE - BILL 080022, etc. weeks.
You're welcome. Any other questions? (No response.)
Can I ask the Administration to come back to the witness table regarding the fee bills, and the Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Good afternoon, gentlemen. I apologize.
Good afternoon. COUNCILMAN DiCICCO: I was 132 2/27/08 - WHOLE - BILL 080022, etc. sitting in my office doing some phone calls and I didn't realize that the previous witnesses would have been gone so quickly. I got a whole list of questions here, but first off, let me start out by asking, it's my understanding that a couple of weeks ago members of the Administration met with folks from the utilities to talk about the fee structures that the utilities have been working on for about a year. Are you familiar with that?
I'm not familiar with that. I can check. COUNCILMAN DiCICCO: Well, it's my understanding that there was never any mention at that meeting with the utility companies about any of these fee structures or these bills that were being introduced, and I don't think that was the fair thing to do, obviously, because I think we do need their input. At the end of the day, we may 133 2/27/08 - WHOLE - BILL 080022, etc. support these, we may not. We may adjust them. But without their input and comments about how this may affect their operations, with all due respect, Madam President, I just can't imagine us voting these bills out at this particular time. I can go through each bill and ask a question, but I would think it would be more appropriate to have those folks that would be impacted with these proposals part of that overall discussion --
I understand. COUNCILMAN DiCICCO: There's issues on will it drive costs up, will it have an impact on future construction in the City. We talk about timing of closing of streets. One of the bills talks about going from two weeks to 30 days. Would that encourage small contractors to take 30 days as opposed to getting a street fixed and closed in two 134 2/27/08 - WHOLE - BILL 080022, etc. weeks? I got probably about 4 different questions here, but, again, 5 without -- I know that, Madam President, 6 but with all due respect, you were in a 7 side-bar conversation. Without the 8 companies and, in particular, utility 9 companies who would be immediately 10 impacted by these proposals, I don't know 11 how we can have a real discussion on 12 whether or not this is the appropriate 13 measures we want to take. And I'm not 14 being critical. I just -- 15
No. I understand 16 what you're saying. 17 COUNCILMAN DiCICCO: And I 18 remember working on this stuff a few 19 years ago and I remember having 20 conversations with some of the utility companies who testified as to what impact it would have on them. So in the interest of fairness, if you will, I would like to ask that. I don't know if you want to continue this 135 2/27/08 - WHOLE - BILL 080022, etc. hearing to another date so we can invite those folks in to get their input into this conversation.
So you're talking about all three bills to be continued to a later date? COUNCILMAN DiCICCO: Yes, Madam President. That's my request.
You're welcome. We do have another bill to consider. However -- can I have the attention of the Councilmembers, please. We do have another bill to consider, but I am fearful that we may lose a quorum. So since we have a quorum at this time, we're going to go into a public meeting regarding -- Councilwoman Blackwell. 136 2/27/08 - WHOLE - BILL 080022, etc.
Thank you. I don't know if I missed the answer. Maybe you asked the question and maybe we can get it later, but I'm still not clear on the revenues that the City gets for Bills 163, 4 and 5, because in our pink copies, they only generally say fees, but they don't cost them out. They don't spell them out. And I would like us before we vote on this --
I'm sorry. What bills are you referring to, Councilwoman? The fee bills?
As I indicated, we're going to go into a public meeting regarding Bill Nos. 080022 137 2/27/08 - WHOLE - BILL 080022, etc. and 080157. The Chair at this time recognizes Councilman Goode.
Thank you, Madam President. I'll be offering amendments to Bill 080022 and to Bill No. 8 080157, with Councilwoman Tasco's permission.
And I believe copies of the amendments have been circulated to all Councilpersons.
Copies of the amendments have been circulated. If the bills are amended, they will become identical, and the purpose of the bills is to create a schedule that would eliminate the gross receipts portion by the year 2015 and to reduce the net income portion to 5.7 percent. And as mentioned, copies have been circulated. It's meant to make the bills identical and adopt the same long-term schedule going to 2015. So I move for the approval of 138 2/27/08 - WHOLE - BILL 080022, etc. the amendments to Bill No. 080022. (Duly seconded.)
It has been moved and seconded that the amendments to Bill No. 080022 stand approved. All in favor will say aye. (Aye.)
The ayes have it and the amendment is adopted. The Chair again recognizes Councilman Goode regarding Bill No. 18 080157.
Thank you, Madam President. I also move the amendments to Bill No. 080157 be approved. (Duly seconded.)
It has been moved and properly seconded that 139 2/27/08 - WHOLE - BILL 080022, etc. the amendments to Bill No. 080157 be approved. All in favor will say aye. (Aye.)
The ayes have it and the amendments are adopted. All right. We will now resume our public hearing and we will be considering Bill No. 080168, and after that, I would like to call to the attention of my colleagues that we do have public testimony commencing, I believe, at 1:30. So this bill shouldn't take us too long to hear. All right, Mr. Dubow. Again, we didn't receive any testimony.
Oh, it's not your bill. We'll forgive you this time. 140 2/27/08 - WHOLE - BILL 080022, etc. Please proceed with your testimony.
Good afternoon. My name is Rob Dubow. I'm the City's Finance Director. I'm here to present testimony on Bill No. 080168. The Administration has no 9 opposition to this bill.
This is the bill 13 that changes the way business licenses are done for -- temporary licenses --
This is actually Councilwoman Reynolds Brown's 141 2/27/08 - WHOLE - BILL 080022, etc. bill, but I co-sponsored it. It creates a separate class of business privilege license, originally intended to benefit artists who do not want to have a permanent one-time fee for the business privilege license of $250. So instead they can have, I believe, an annual fee for $50. But it would not only benefit those artists, which it is originally intended to benefit, but it would benefit any number of different micro-enterprises and cottage industries, those people who are just starting a business and, as strange as it may sound, don't want to invest in the full $250 as a one-time fee, but would prefer to just have an annual $50 fee. And for very small micro-enterprises, I think it's a great bill. I'm glad that Councilwoman Reynolds Brown did it and I was glad to co-sponsor it.
I was really hoping 142 2/27/08 - WHOLE - BILL 080022, etc. that he would do that.
Any other questions from members of the Committee regarding this bill? (No response.)
Seeing none, we will stand in recess until 1:30, at which time we will have public testimony. Thank you very much. (Short recess.)
The Committee of the Whole is now back in session. I would ask Mr. McPherson to please read the name of our first witness. MR. McPHERSON: Robert Zuritsky, Philadelphia Parking Association. And I would also like to acknowledge that we've received testimony 143 2/27/08 - WHOLE - BILL 080022, etc. from PathWays PA, and that has been offered as written testimony -- (Off-the-record discussion between Mr. McPherson and Ms. Ortiz.) MR. McPHERSON: Right now the first witness is Robert Zuritsky. (Witness approached witness table.)
Good afternoon. Welcome. Please identify yourself for the record.
Good afternoon. My name is Robert Zuritsky and I am here representing the Philadelphia Parking Association, which is a group of 14 operators managing over 200 parking facilities with 2,500 employees in Philadelphia. I am here again to express my concern with the new Administration's intention to increase Philadelphia's parking tax 33 percent. As many of you know, the parking tax is at 15 percent and is already the highest gross tax that 144 2/27/08 - WHOLE - BILL 080022, etc. citizens of Philadelphia and our guests pay. It also is one of the highest in the country. Drivers who decide to work, live, shop or go to our arts and cultural institutions already have to contend with record-high energy prices. Philadelphia businesses are already complaining about a sharp drop in business due to recession fears. I am very happy that the new budget talks about lowering some of the terrible burden that our businesses in the City face, but increasing the highest gross tax at this time sends a different message. Since we read about this proposed tax, we have reached out to business, hospitality, cultural and residential groups, and have heard back unanimously that they are also very concerned that this tax will negatively impact all of the business in Center City. We know that this is not the intent of the Nutter Administration or 145 2/27/08 - WHOLE - BILL 080022, etc. City Council. There is a perception that this tax is an easy way to gain revenue from suburban residents and visitors, the people who do not vote, but a survey that we took indicates that 50 percent of our customers were Philadelphia residents. There is also the perception that we will just pass through this increase to our customers. In many of our locations, that will not be possible, and where it is possible, it is just unfair to your constituents and our customers. In 2004 and 2005, this tax increase was proposed, and City Council in its wisdom determined that these taxes are regressive and would be counterproductive to the tax base of Philadelphia. If people are deterred by this increase and decide not to drive to the City, then the tax will, in effect, create a negative impact to tax consequences. 146 2/27/08 - WHOLE - BILL 080022, etc. Over the next several weeks, we will be meeting with you to discuss this issue and the negative implications it will have on the City. We have worked well with this City Council in the past and are hopeful that we will be able to have a substantive conversation about this issue during this period. We would request a separate hearing on this parking tax so its implications can be fully explored. We would also hope that other sources of potential revenue be explored. Thank you for your consideration in this important matter.
Thank you. Are there any questions or comments from members of the Committee? (No response.)
Thank you, Mr. Zuritsky. This is the hearing. It had been publicized, and I think anybody that was interested certainly 147 2/27/08 - WHOLE - BILL 080022, etc. should have been here today. Our next witness? MR. McPHERSON: Stan Shapiro. (Witness approached witness table.)
Good afternoon, Stan. How does it feel being back?
It feels wonderful. I'm used to sitting over there, so I'll have to reorient myself, but I'll do the best I can. I have copies of testimony.
Good afternoon. My name is Stan Shapiro and I'm here to testify on behalf of Neighborhood Networks. Neighborhood Networks opposed that part of Bill 080161 which repeals the low-wage tax credit championed by the late Councilman David Cohen. Furthermore, if retaining the credit 148 2/27/08 - WHOLE - BILL 080022, etc. would create a gap in revenues causing service cuts, which we severely doubt, then we would make up for that lost revenue by paring down or eliminating the pending proposals for cutting the business privilege tax. Repeal of the Cohen tax credit makes no sense, and the Administration has barely attempted to justify it. Indeed, the Five-Year Plan includes absolutely no estimate of any cost whatsoever that would actually be incurred from the credit within that five-year period. Only after questioning by Council yesterday did the Administration for the first time offer an estimate of what the credit might cost during the Plan's duration. The number it offered, $16 million in Fiscal Year 2013, is almost nominal in a span of time that contemplates $20 billion in spending. Other justifications tossed with no elaboration into the mix also 149 2/27/08 - WHOLE - BILL 080022, etc. hold no water. First is the idea that the Federal Earned Income Tax Credit has had, quote, "recent expansions," unquote. No details were given. Who now gets the credit that would have previously been excluded? How much has the credit grown? What barriers to obtaining the credit have been removed? We are not told, and apparently for good reason. You will hear testimony today that in fact no such expansion has taken place other than minor cost-of-living adjustments. The only other attempt at a justification boasts of the, quote, "significant tax reductions in several other areas," unquote, that together with the alleged Earned Income Tax Credit expansions will, quote, "substantially benefit low-income residents and employees of Philadelphia firms," unquote. This rationale is a pretty strong endorsement of trickle-down economics. Rather than put dollars 150 2/27/08 - WHOLE - BILL 080022, etc. directly into the pocket of the low-wage workers who need them, the Administration is suggesting that the workers would be better off funneling those dollars through employers. Of course, those employers may have any number of other uses for those funds, including increasing their own compensation, increasing dividend payments or expanding investments outside the City of Philadelphia. One may argue that business tax cuts improve the business climate, but in terms of putting dollars directly into the pockets of low-wage workers, no tax measure can do it better than a direct credit against what workers pay. Neighborhood Networks' position is very simple on this proposal. It is unconscionable, immoral and should simply be rejected. If restoring the Cohen tax credit is credibly shown to cost the City dollars and, therefore, to threaten either City services or worker wages and 151 2/27/08 - WHOLE - BILL 080022, etc. benefits, then the Administration's proposed business tax cuts should be peeled back. Cuts in the BPT will cost the City revenue and have no proven record of creating jobs. And I want to just pause here for a minute to mention the chart that's attached at the back of my testimony. This was created by the Keystone Research Center and compares unemployment rates between Philadelphia, Pennsylvania and the United States in a period of time running from 1970 to 2007, and you'll see how nicely they track each other, although the Philadelphia rate is from time to time more or less differentiated from those other two rates. The largest gap is in the mid '70s right after Mayor Rizzo raised taxes. So that's kind of interesting, that that's where the largest gap in unemployment rates between the City, state and federal government appears. But right after that, while 152 2/27/08 - WHOLE - BILL 080022, etc.
those tax rates -- the Rizzo tax rates are still in place, those gaps disappear. They virtually disappear. I mean, the trend lines are the same all the time, but the gaps get larger and sometimes when there are high Philadelphia taxes, other times the gaps virtually disappear, and they disappeared from 1982 to about 1990 or '91.
Excuse me, Stan. Point of information. I don't have the testimony and can't refer to what he is talking about, and I don't think Councilwoman Tasco does either.
I thought it was just distributed. It's four pages. I have a few more. The last pages should be a chart. (Pause.)
All right. Mr. Shapiro is referring to the 153 2/27/08 - WHOLE - BILL 080022, etc. chart that's in the back of his testimony.
So you'll see basically, again, there are big gaps in the unemployment rate between Philadelphia, the State of Pennsylvania and the United States in the mid to late '70s when City taxes were increased sharply. Those taxes were still in place all the way through the early '90s. The gap disappeared, virtually disappeared, while those high tax rates were still in place. And then when tax cutting began in the early '90s, the gap reemerged, not quite as big as in the '70s, but that gap between Philadelphia rates and the other rates reappeared then. But, in general, the unemployment rates between the City, state and federal government were pretty much in tandem regardless of local taxes. So there are many reasons to 154 2/27/08 - WHOLE - BILL 080022, etc. think that the level of City taxes is not really a great determinant of employment or unemployment in the City of Philadelphia. Now, I'm not saying this chart is conclusive, but, again, we're saying that if the choice is between putting a tax credit directly in the pockets of Philadelphia workers or cutting business taxes, then the choice should be clear, the tax credit should absolutely be preserved. That puts dollars directly into the hands of people who can spend those dollars in City businesses, paying their gas bills, their water bills, their real estate taxes, their mortgages. It's indisputable that people with those funds will spend them where they need to be spent. So I've skipped a little bit of my testimony and I'm going to pick up at the end of . I do want to mention one way in which the predicted effects of business privilege tax cuts do comport with recent 155 2/27/08 - WHOLE - BILL 080022, etc. studies which support those cuts, in particular the report of the Tax Reform Commission. That Commission, which strongly supported BPT cuts, as you will recall, predicted that there was one way in which total City revenues would rise even as business privilege tax revenue fell, and that would be if real estate assessments were allowed to increase sharply, thus enabling sharply higher real estate tax collections. " Because the Commission said that if you cut business taxes, property values will go up. "It remains to be seen whether the City can resist the political pressure to slow the growth of assessments or lower the effective 156 2/27/08 - WHOLE - BILL 080022, etc. property tax rate as property values rise. " So according to the Tax Reform Commission, the only way this Council can preserve services while cutting business taxes is to allow real estate taxes to increase simultaneously. That's why you'll see in the Five-Year Plan that current real estate tax collections are anticipated to rise a cumulative 19 percent from Fiscal Year '08 to Fiscal 20 Year '13. If that's truly caused by the 21 BPT tax cut or will be compensating for 22 that cut, then what the Administration is 23 proposing is a tax shift, not a tax cut. A major part of that shifting tax burden will be felt by already 157 2/27/08 - WHOLE - BILL 080022, etc. stressed homeowners and tenants in a town in which median household income is a mere $33,000 per year, in which 5 percent of the population is poor and in 6 which many more are struggling. 7 The Five-Year Plan suggests 8 that the Administration intends to work 9 for protections for those hit hardest by 10 revaluation, but it says nothing about 11 the impact of normal reassessments, which 12 is what's in the Plan, and it provides no 13 detail regarding its intentions at all to 14 protect homeowners who need protection. 15 All in all, based upon its own 16 numbers, it's clear that the 17 Administration intends to shift the 18 impact of taxation from business to 19 homeowners and to low-wage workers. 20 Neighborhood Networks opposes that 21 approach and hopes that this Council will 22 as well. 23
Thank 24 you, Mr. Shapiro. 25 The Chair recognizes Councilman 158 2/27/08 - WHOLE - BILL 080022, etc. Jones.
How much do you think the Cohen tax bill, which we affectionately call it, has mattered to the working poor, and how much has it benefited them over the years that it's been in existence?
Well, actually, it was passed in 2004, but even then, its effective date was postponed until about 2010, and then in '06, it was put off again until 2013. So it's actually never been in effect. Nobody has yet saved a penny. It's been dragged out and delayed while all these other tax cuts were going through. It's sort of been the unfed uncle on the third floor that's there, but nobody pays attention. And now the 159 2/27/08 - WHOLE - BILL 080022, etc. Administration again, well before it would even go into effect, it's not scheduled to yet put a dime in anyone's pockets until 2013. If anything, it should be accelerated rather than eradicated. But, unfortunately, it's not yet put a dime in anybody's pocket.
How many Philadelphians do you think this particular tax cut benefits?
I don't have an exact estimate. I think the Administration should, calling for its eradication, they ought to come forward with a number, but I think it's probably percent, 30 percent. 18
And the 19 stereotype of this bill has been that it 20 is for those people on welfare, and, in 21 fact, in order to get a rebate on a wage 22 tax, you have had to work -- 23
-- in order 25 to have it. 160 2/27/08 - WHOLE - BILL 080022, etc.
And the bald-headed stepchild that it is, of all the e-mails I've gotten about tax reform, I haven't gotten from those same people that are tax reform advocates about this tax being repealed, which is kind of ironic because if we are against taxes, we're against taxes across the board, except for poor people.
The state, the federal government, they both have provisions for the working poor. It's kind of odd that in a city which is a democratic city we don't have it.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. Good afternoon, Mr. Shapiro. 161 2/27/08 - WHOLE - BILL 080022, etc.
I was distracted in my line of questioning by the chart you presented, because every time this chart is presented in City Council, I will take the opportunity to do what I'm about to do. Looking at your chart of unemployment rates from 1970 to 2007, what period was there the greatest drop in unemployment?
What period was the greatest drop? That would seem to be during the Goode Administration.
I understand. And during that Administration, there were no cuts in taxes, significant cuts in taxes.
Actually, that started -- but it started during the 162 2/27/08 - WHOLE - BILL 080022, etc. Green Administration, as a matter of fact.
That started during the Green Administration and continued through the two Goode Administrations. And then the Rendell Administration started, the tax cuts started, and that gap grew.
I'm getting back to my line of questioning, which is only two questions. The first is, the chart also shows and all the charts will show that in terms of unemployment rate, Philadelphia has persistently been two points above both the region and the nation.
And so Philadelphia has been not competitive economically for decades.
Correct. But what I think this chart shows -- I'm sorry. 163 2/27/08 - WHOLE - BILL 080022, etc.
It is pretty much two points across the board. You noted that there was one period of time at which that gap was even wider than two points.
Well, I'm not an economist. I can't tell you why, but it apparently was between about 1975 and around 1982.
Did you not in your testimony attribute it to local taxation?
No, I didn't attribute it to local taxation. I said it took place at the same time that local 164 2/27/08 - WHOLE - BILL 080022, etc. taxes went up. But then when local taxes stayed that high during that period, during those two Administrations, the Green and the Goode Administrations, when taxes stayed at those levels, that gap virtually disappeared, certainly between the City and --
One, is it your testimony that there is or is not a correlation between the unemployment rate and local taxation?
My testimony is that as far as this chart shows, there is no correlation, no. I don't see how that is disputable. I think that --
That actually contradicts your testimony, but we'll check the transcript on that.
Well, then let me be very clear, if I wasn't before, that 165 2/27/08 - WHOLE - BILL 080022, etc. since --
You in fact raised the issue of local taxation regarding the chart.
Right, but I was trying to say that to the extent the chart seems to suggest that taxes were a factor in one portion of time, other parts of that chart refute it.
Were there any local taxation changes right before that drop, around the time of that drop in the unemployment rate?
Well, the business privilege tax actually came into effect in 1982 or 1983, so --
It was raised in the '70s. 166 2/27/08 - WHOLE - BILL 080022, etc.
Oh, again in the '80s. All right. Then I stand corrected, then. Taxes went up at that time. And the gap between the Philadelphia, Pennsylvania and United States unemployment rates narrowed. So that would suggest --
My only question really was two points. One, that Philadelphia has persistently been two points above the region and the nation in terms of unemployment rate over decades, which means that we are uncompetitive regionally and nationally for some reason. And the second point was whether there is a correlation between local taxation and the unemployment rate. And I thought you made that point. Whether it was a specific point or not, I thought you made that point in your testimony. If you didn't, you didn't. 167 2/27/08 - WHOLE - BILL 080022, etc.
I absolutely did not. This chart does not show that. It shows that there is no relationship. It's haphazard. And, furthermore, the differential narrowed substantially, it seems to me -- and I've got raw data, and I'll actually send it around, because I just got this today. But it narrowed -- the differential narrowed during a time when, as you say, wage taxes went up. Other taxes were stable between the beginning of the Green Administration and the end of the Goode Administration. The unemployment gap between the City of Philadelphia and the Commonwealth practically disappeared, if you look at this chart.
I don't disagree with that, but that also occurred after an increase in the wage tax, which is interesting.
Yes. So that higher taxes do not necessarily create a big boost in unemployment in Philadelphia 168 2/27/08 - WHOLE - BILL 080022, etc. compared to Pennsylvania and the United States.
I think the point that actually should be made is that a lot of this is driven by the national economy, and all these different periods, in the '70s, '80s and '90s and even now, most of it is driven by the national economy, and the period where you saw the greatest drop in unemployment actually is because of the national economy, but at the same time, the fact that we have persistently been two points above the region and the nation in terms of unemployment rate is because of local economic decisions.
Well, but the question is what are those economic decisions to cure that fact, and I would say that putting money in the hands of people who will spend them on local goods and services would be the best way.
We agree on that. 169 2/27/08 - WHOLE - BILL 080022, etc. Thank you.
Thank you. The Chair recognizes Councilman Green.
Thank you, Madam President. Good afternoon, Stan. I just want to point out a few things. With respect to the Cohen tax credit, I think we ought to try to find a way to save it. I want to start by saying that. However, I want to challenge a few of the assumptions in your testimony, just because I don't want the record to reflect what may be, I guess, some economic theory I might disagree with. The first is, I think the chart, as Councilman Goode points out, reflects an extremely strong correlation between the national economy, the state economy and the local economy.
And doesn't really reflect much else. Certainly I haven't seen any sort of study or economic data that indicates a correlation between differences in our employment rate and our business privilege tax or wage tax, et cetera. I guess another assumption that you had in here is that trickle-down economics don't work. I don't know if it's in your testimony because I didn't have your testimony.
Trickle-down economics actually work -- and there's tons of academic study on this -- work very well at the local level. In other words, if local people, as you suggested, if the low-income people here in the City of Philadelphia have extra money to spend, they will spend it in the City of Philadelphia, which generates all sorts of multiplier effects in terms of the 171 2/27/08 - WHOLE - BILL 080022, etc. additional tax revenue that the City of Philadelphia will take in and the economic viability of the City itself. So tax cuts at the local level actually have a much more dramatic impact on growth at the local level than a national trickle-down theory, because at the national level, you can't control where businesses or people are going to go. At the local level, when we cut taxes, the money stays here, for the most part. It is spent here. So I would argue that a business privilege tax cut or elimination of the gross receipts portion will cause private businesses to either pay themselves more, in which case they'd pay wage tax, or it would cause businesses to invest here, give them a reason not to leave here. And if they spend additional money, generally it's more likely to be spent here than anywhere else. So in terms of what we can do to create jobs for the 25 percent of this 172 2/27/08 - WHOLE - BILL 080022, etc. City that's in poverty and the 36 percent of children who will need jobs in the next years, I think lowering business 5 taxes are very important to create jobs 6 for our neediest citizens. 7 So other than that, I agree 8 with your principle that we should try to 9 keep the Cohen tax credit. Thank you. I 10 don't know if you want to comment on 11 that. 12
Yeah, I would 13 like to. I think trickle-down is 14 normally associated with business tax 15 cuts or tax cuts for the wealthy, but not 16 associated with such things as putting 17 money directly into the hands of poor 18 folks or working-class folks through 19 things like the Cohen tax credit. 20 So I'm glad that you're supporting the Cohen tax credit, but just as a theoretical matter, that's not normally thought of as trickle-down, because that goes directly into your pockets. 173 2/27/08 - WHOLE - BILL 080022, etc.
I don't think business tax cuts necessarily -- I mean, there is an economic theory which says --
More money in the hands of businesses get spent by businesses or they go to the owners in the form of profits and they pay wage tax on it.
Well, they may not live anywhere -- owners of Sunoco, Wal-Mart, Comcast and other big corporations may or may not invest that money directly in the City of Philadelphia. They may pay dividends to people who live Arizona.
Sure, and the argument, what it's supposed to do is create more economic activity in the City of Philadelphia by having a more business-friendly environment.
Well, that's the notion. If it actually cuts -- 174 2/27/08 - WHOLE - BILL 080022, etc.
And the Tax Reform Commission basically says in their study that it will take about eight years. We'll have a dip in revenue as a result of this, but then we're going to start to -- as people understand that Philadelphia is a more business-friendly environment, that will grow out of that and continue to grow. So I don't necessarily agree with your premise, but where you are is okay with me.
I guess I have one closing comment, that it also says that you need real estate taxes to go up during that interim period of time, and that's what we're seeing. We're seeing a percent increase in the real estate 20 taxes on a base which is extraordinarily 21 unequal, and there are no real proposals, 22 concrete proposals, to protect those 23 people who need protection badly. So you may have foreclosures, you may have more people not able to pay their water bills 175 2/27/08 - WHOLE - BILL 080022, etc. and a whole range of things during that period of time when we have that gap.
You've raised a good point, which I meant to comment on, and, that is, what percentage of the percent in poverty do you think 8 are homeowners? 9
Again, I don't 10 have that statistic off the top of my 11 head, but tenants will -- 12
But what 13 group of people in terms of economic 14 class, economic status, what group of 15 people are the most overtaxed people in 16 terms of real estate in the City? 17
Real estate 20 property taxes in the poorest 21 neighborhoods of the City -- 22
-- are 24 higher than even the property values in 25 many cases. 176 2/27/08 - WHOLE - BILL 080022, etc.
So they're not going to -- the implication of what you're saying is that they're going to bear the burden of increased property taxes. That's not where the money would be coming from. It would be coming from the other unassessed areas of the City, underassessed areas of the City that are wealthier, where homes are worth a lot more than the people that would get the Cohen tax cut.
If it's done equitably, and we really don't know at this point that it will be, and certainly there are many gentrifying areas where long-term homeowners who are not by any means wealthy may well be hit by reassessments that they can't possibly afford, and I would think that before the City relies on that kind of revenue, it should have in place protections for those people.
Well, I 177 2/27/08 - WHOLE - BILL 080022, etc. believe we've passed homestead exemptions and other things. The state has to act on certain things for us to do that, but it's irresponsible of us not to do assessments when property values go higher. That's what the City has to do.
You're welcome. The Chair recognizes Councilwoman Blackwell.
Let me ask you who Neighborhood Networks is in terms of what its agenda is. Were you all formed to deal with taxes as an issue? I assume it wasn't to deal with the Cohen bill. 178 2/27/08 - WHOLE - BILL 080022, etc.
No. We're an organization that is interested in furthering progressive policies generally, and this is one issue that we're concerned about, but it's, by no 7 means, everything.
I didn't hear you. Furthering what? I didn't hear you.
Progressive policies in a range of areas. We have a website and a platform that's on the website. It's fairly long. You can go to Phillynn.org and see the platform there.
No. 18 We don't necessarily, a lot of us, disagree with many of the things you said here. All of us are certainly concerned about wage tax and how that affects the citizens of our City, and we would not like to see it oppose business privilege tax, but I wanted to know a little bit, because during our reelection campaign, 179 2/27/08 - WHOLE - BILL 080022, etc. we had a discussion about Councilman Cohen, the late Councilman Cohen, and his agenda with regard to the organization, and at that time, you said it didn't matter, and we wanted to be clear whether it was a David Cohen issue or not. Thank you, Madam President.
You're welcome. The Chair recognizes Councilman Goode.
Thank you, Madam President. One more quick question. If we fast forward to 2015 and this bill is actually enacted into law and the gross receipts portion of the business privilege tax has been eliminated and there is a 5.7 percent net income tax, do you consider that to be a low business tax rate?
No, I don't consider it to be a low business tax, but I think it's necessitated by the fact that we -- the underlying biggest problem that we have --
-- is that we're a stepchild of the state, and the state doesn't fund the City the way it needs to be funded, so we have all taxes that are too high.
What I was asking. If we fast forward to the year 2015 and this bill is enacted into law and we have eliminated the gross receipts 181 2/27/08 - WHOLE - BILL 080022, etc. portion of the business privilege tax and we at that point under this law have a 5.7 percent net income tax rate, is that a low business tax rate, in your mind?
In general, it's not low. For some corporations it's low because they're exempt from it. Regulated industries will be exempt from it.
For the tax rate that we have and will have under this law, is that a low business tax rate in general?
Any other questions or comments from members of the Committee? (No response.)
Our next witness will be? 182 2/27/08 - WHOLE - BILL 080022, etc. MR. McPHERSON: Brett Mandel, Philadelphia Forward. (Witness approached witness table.)
Good afternoon. Welcome. Do you have copies of your testimony that you'd like distributed, Mr. Mandel?
Good afternoon. Please identify yourself for the record and proceed with your testimony.
Good afternoon. I am Brett Mandel, the Executive Director of Philadelphia Forward. Madam President and members of City Council, thank you for providing this forum to discuss tax policy and specific tax reform legislation in Philadelphia. It is wonderful to see City leaders focusing on tax reform once again, because it is clear that the problems with taxation in Philadelphia 183 2/27/08 - WHOLE - BILL 080022, etc. have not gone away on their own. The latest data from the Bureau of Labor Statistics showed once again that even though the nation and each of the City's surrounding counties enjoyed modest job growth, Philadelphia itself continued to lose jobs. Those taxpayers who remain are frustrated by unfair taxes that treat similar taxpayers differently and defy any sense of rationality. The voter-empowered Tax Reform Commission established that Philadelphia taxes are too high, that Philadelphia taxes what other jurisdictions do not tax, and that Philadelphia taxes are unfair. As a result, Philadelphia's high tax burden continues to place the City at a competitive disadvantage in terms of attracting and retaining jobs and residents, while at the same time significant equity issues for some taxpayers to pay too much while others do not pay their fair share. To fix what is wrong with 184 2/27/08 - WHOLE - BILL 080022, etc. taxation in Philadelphia, the Tax Reform Commission recommended that we dramatically reduce the wage tax, phase out the job-killing business privilege tax and make real estate taxation fair and understandable. Legislation to cut the wage tax down to size combined with additional state assistance will soon make that hated levy more a molehill than a mountain. Proposed changes to the job-killing business privilege tax would go a long way toward improving the City's ability to encourage entrepreneurship and foster job creation. Elimination of the gross receipts portion of the tax, which forces businesses to pay a tax even if they do not earn a profit, will dramatically improve Philadelphia's ability to nurture fledgling business. 5 percent net income portion that chases so many firms out of 185 2/27/08 - WHOLE - BILL 080022, etc. the City will improve the City's ability to retain growing firms. As the City's fiscal state improves, the modest cuts should be examined and deepened to have a more profound effect. While the business privilege tax continues to exist, we should take some additional steps to implement reforms to make the tax make more sense. We should establish two payment dates for the business privilege tax so taxpayers no looker have to assemble the cash to make their tax payment on one date. We should adopt single-sales factor apportionment to base net income portion of the tax solely on Philadelphia sales to remove the disincentive for firms with few Philadelphia sales to remain in the City. We should eliminate the disparity between the tax paid by corporations and unincorporated entities that forces partnerships to pay a higher tax burden than their corporate competitors. And we should lengthen the net operating loss 186 2/27/08 - WHOLE - BILL 080022, etc. carry-forward period so that start-up firms are no longer discouraged from locating in Philadelphia. If we are to reduce taxes, or do anything else, reduce crime, improve schools, improve neighborhoods, that will help us attract and retain firms and family, we will increase real estate values. If we are going to place more emphasis on our tax structure on the value of real estate, then it is crucial to tax real estate properly and fairly. With regard to real estate taxation, Philadelphia's problem is not competitiveness, but fairness. Today, homes that could sell for the same amount are taxed differently, and owners of modest homes are often paying more in taxes than more valuable properties. By now, we should all understand that in Philadelphia property valuation for real estate tax purposes is unfair, uncertain, confusing and illegal.
But it's also clear that making positive change in this 187 2/27/08 - WHOLE - BILL 080022, etc. area requires some political courage, as undoubtedly corrective action will not be universally popular given that ultimately some, including myself, would have to pay more in a fair system. Legally and logically, the Board of Revision of Taxes must take the first step and properly and accurately value City properties for tax purposes, but this Council can commit to a series of policies to make a smooth transition from an unfair system to a fair one, which would make the BRT's job a little easier. This Council should back tax rate decreases to ensure that reassessments are revenue neutral for the City and provide a reasonable basis for the changes. You should adopt a real estate tax relief buffering program to make sure that assessed values are buffered in to eliminate the most dramatic one-year changes and a deferment system so that vulnerable homeowners can live in their homes today and pay their 188 2/27/08 - WHOLE - BILL 080022, etc. tax burden in the future when they sell their homes. We should also work to enact many complementary recommendations designed to improve the overall workings and fairness of the real estate tax system. Phase in land-value taxation to decrease tax rates on structures and increase tax rates on land so the City provides an incentive for economic development and a discourage to blight creation. Separate the property assessment and appeals process so that the assessing agency does not judge its own work. Establish a taxpayers' advocate to represent taxpayers in matters regarding real estate assessments and appeals. Implement quarterly payments so that taxpayers who do not pay taxes through their mortgage companies do not have to assemble the cash to make tax payments all on one date. Implement the system of budget-based property taxation so that this City Council sets tax rates 189 2/27/08 - WHOLE - BILL 080022, etc. after it knows the true assessed value of the City, where currently City Council sets tax rates before assessments are performed, so increases in assessments result automatically in increasing tax bills and financial windfalls for the City. If City Council enacts legislation pending today and gives careful consideration to these additional initiatives, Philadelphia will take a big step toward implementing the vision of the Tax Reform Commission and a huge leap toward becoming a city that can attract and retain employers. As this discussion continues, you can count on Philadelphia Forward to help inform our constituency for change about these issues. Of course, we'll be pleased to provide any additional input into development of specific proposals, and I pledge our organizational resources and my own personal time to help this legislative body in any way to move these 190 2/27/08 - WHOLE - BILL 080022, etc. issues forward.
Thank you very much. Are there any questions or comments? The Chair recognizes Councilman Green.
Do you have any idea how much each of your cumulative proposals in here would cost the City in terms of revenue?
Additional above and beyond what it is that the Administration has proposed?
I do not. There have been some discussions to provide an updated cost estimate specifically on single-factor apportionment. Because the rates are changing, the relationship 191 2/27/08 - WHOLE - BILL 080022, etc. between the wage tax rate and the net profits tax and the net income tax rate, that would have to be refigured as well in terms of correcting that disparity between the corporations and their non-corporate competitors. But we have had some discussions with the Administration, and we'd love to see numbers ourselves.
Philadelphia has a high comparative tax burden and provides, in my opinion, relatively poor City services to its tax-paying citizens. Would you agree with the statement that if we provided great City services, our tax rates would be less important?
Sure. Obviously it's a balance. Right now no matter which side you look at the equation, we're out of balance.
Okay. So if we were to adopt all of these measures, it would severely decrease our ability to provide City services, not just to our 192 2/27/08 - WHOLE - BILL 080022, etc. most neediest citizens, but to everybody in general, fewer -- the choice you're asking us to make is between providing better City services or improving City services and doing something that will take a long time to have an effect on the economy while City services suffer, and I just wondered if you had thought about the interplay between City services and less revenue and what you think is most important for the City and what it is our job is as a city.
Well, first of all, I guess I would disagree with the premise of the statement. Certainly Philadelphia has been cutting tax rates for more than the past decade and we've been realizing increasing tax revenues. Certainly when the Tax Reform Commission examined what would happen if we reduce our tax burdens, if we change our tax burdens, we saw that one of the good things about having such a peculiar tax mix as Philadelphia has, if you create 193 2/27/08 - WHOLE - BILL 080022, etc. jobs, if you grow jobs or stop losing as many jobs, well, we tax jobs in Philadelphia, so we'd realize revenues there. If we make Philadelphia a more attractive place to do business, a more attractive place to live, you increase the value of property. Right now Center City office space in Philadelphia sells for mid 20's a square foot. That's ridiculously low. If we had a lower business privilege tax, if we had no 13 business privilege tax, that gets capitalized into the value of commercial property. The value of commercial property rises. We tax the value of commercial property. So certainly the Tax Reform Commission's report says and the economic theory behind the Tax Reform Commission's work suggests if we make Philadelphia tax rates less burdensome, we don't actually give up revenue in the short or long run.
Actually, I think the Tax Reform Commission thought 194 2/27/08 - WHOLE - BILL 080022, etc. it would take about eight years of lower revenue into the City to -- in other words, we'd have to sacrifice revenue for eight years before we started building again if we followed all of their recommendations.
I would go back over that, because one of the things that we have been doing is, we have been cutting. So eight years ago we cut and that's having an effect today. And seven years ago we had a cut and it's going to have an effect tomorrow. If we are starting from scratch, you might expect some lag, but we're not starting from scratch in Philadelphia.
You mention the attractiveness of the City to potential businesses locating here and things like that, and it seemed like the focus of that adjective was on taxes. What effect does it have when people are coming to look at Philadelphia and they see trash-strewn streets, because instead 195 2/27/08 - WHOLE - BILL 080022, etc. of 2,400 sanitation workers, we have 1,200? That's the balance that we have to weigh here. And I think our City services are poor and I'd like to increase the level of City services to people before we -- and maybe slowly undertake change.
I couldn't agree more. Certainly any of the recommendations for tax reform are not to deprive the City budget of revenues. It's to grow the tax base so that we have more revenues. I have a child in the City public schools. I enjoy playing on City ball fields. I live on those dirty City streets. I would be the last one to say we should reduce services. We need more services. The only way to get those more services is either to increase taxes or expand the tax base by making Philadelphia more attractive to residents, more attractive to businesses. 196 2/27/08 - WHOLE - BILL 080022, etc. We expand the tax base to generate the revenues.
It's not clear to me it wouldn't be a guns and butter type budget where we're -- if we're going to increase City services, we have to have the revenue from somewhere, which would mean we'd have to borrow the money, and I'd like to see the cost and benefits of what you're proposing rather than just we should do this, and I don't know how we get that information from you.
Well, as I said, we've been having discussion with the Administration. Certainly the Administration has given you information about what it is that they're proposing that's in front of you. We'd love to see some of those numbers ourselves.
Well, okay. I mean, if you're an advocacy group and you want to advocate these positions, then I'm asking you to try to provide us 197 2/27/08 - WHOLE - BILL 080022, etc. information about what this stuff would cost.
Our next witness? MR. McPHERSON: Jonathan Stein. And his testimony has been distributed. (Witness approached witness table.)
I'm being joined by Andre Butler, Chairman of the Board of Philadelphia Unemployment Project.
Good afternoon, Madam President and members of Council. 198 2/27/08 - WHOLE - BILL 080022, etc. I'm Jonathan Stein, General Counsel at Community Legal Services and a former member appointed by City Council of the Philadelphia Tax Reform Commission. I am here presenting testimony on behalf of the Philadelphia Unemployment Project, PUP, which for over three decades has been dedicated to ensuring employment security and income security for those across our City. PUP most recently led the successful statewide campaign to raise the state's minimum wage law and was a strong supporter of what is now known as the Cohen working tax credit. The Nutter Administration's Five-Year Plan and Bill 080161 would eliminate forever this tax credit rebate, which was a crowning historic achievement of this City Council and the first concrete step in almost a century of the wage tax to bring some much-needed progressivity and fairness to the worst regressive tax the City has ever known. The rebate was delayed to begin 199 2/27/08 - WHOLE - BILL 080022, etc. only in Fiscal Year '13, the fifth year of the Five-Year Plan now before Council. The current Administration has estimated a $16 million cost in Fiscal Year '13 and apparently has estimates for outlying years, none of which has been independently scrutinized for accuracy. Our position is clear: There is simply no fiscal or policy basis to eliminate this credit before it will even begin five years from now. The Cohen rebate mirrors the state's Tax Forgiveness Program for the equally regressive flat state income tax by giving a graduated wage tax rebate to families with an income of less than about $32,000 for a family of four. These are all working-class families at, around or below about 150 percent of the poverty level. Established research groups like PathWays PA have shown that families need about 250 percent of poverty to get by these days. The already delayed implementation would go 200 2/27/08 - WHOLE - BILL 080022, etc. 005 percent rebate in Fiscal Year 2013. Our City should no longer countenance taxing the wages of people below or near the poverty level. Their lives are hard enough as it is, often on the brink of survival. They are playing by the rules by working hard to support their families, and the City wage tax, like the state and federal income tax systems, should embody basic fairness and equity as it will do now with this ordinance, the Cohen ordinance that Council adopted over mayoral veto and which it should be justly proud of. The Cohen working tax credit rebate has three major justifications. The rebate would move toward economic self-sufficiency more of the high proportion of Philadelphia families with children who currently have incomes too small to pay for a basic needs budget. Two, the tax relief targeted for these 201 2/27/08 - WHOLE - BILL 080022, etc. working families will benefit the City more than the suburbs. Tax relief targeted under this ordinance will also directly stimulate the Philadelphia economy more than other tax cuts. As the Keystone Research Center and its director, Dr. Steven Herzenberg, testified earlier before Council, the City wage tax forgiveness program in the Cohen ordinance shifts the overall burden of Philadelphia wage taxes away from people who live in the City who are more likely to be of lower income to non-resident wage taxpayers in the suburbs, more of whom can afford to pay the wage tax. Many more City residents would qualify for this tax forgiveness than suburban non-resident wage taxpayers. In analyses commissioned by this City Council in recent years, the Keystone Research Center also found that the Cohen ordinance will stimulate the Philadelphia economy more than other tax 202 2/27/08 - WHOLE - BILL 080022, etc.
cuts, as, one, more of that Cohen rebate money will be spent by beneficiaries who live in the City and, two, lower income people who also spend more of their money and spend more of it locally than do higher income people, who tend to save it away in IRAs or spend it on a vacation in Cancun; that is, spend it outside the City. Keystone Director, Steve Herzenberg, compared the general across-the-board wage tax cut, which is in the Five-Year Plan, to the Cohen targeted wage tax credit and determined that 86 cents of the dollar in Cohen tax rebate goes to Philadelphia residents versus 63 cents of the general wage tax cut. He also found that 66 cents of the Cohen targeted rebate would be spent in the City versus only cents of the one 22 dollar spent in the City across-the-board 23 wage tax reduction. Dr. Herzenberg 24 concluded that, quote, "in sum, a dollar 25 of the Cohen targeted tax relief boosts 203 2/27/08 - WHOLE - BILL 080022, etc. 6 times as much as a dollar of across-the-board tax relief," end quote. To minimize the fiscal impact on the City, the law's exemptions would be phased in over six years, reducing the tax a half a percent each year. To reduce fiscal impact further, although we're not recommending it here, the threshold for the exemption could be set lower than the state's level. The state guidelines, though, are preferable because they are fair, and consistency in exemptions would make the law more understandable and accessible. Mayor Nutter does not claim that repealing the Cohen law is needed to balance the current budget until Fiscal Year '13, the fifth year, and then only because of an assumed Fiscal Year '13 cost of $16 million. Apparently at yesterday's City Council hearing on the Plan, City officials could not document estimates 204 2/27/08 - WHOLE - BILL 080022, etc. for the years beyond the Five-Year Plan, including an assumed $80 million cost in the eighth year. The Five-Year Plan tries to justify the elimination of the Cohen rebate by reference to tax reductions in other areas and to alleged "expansions," in quote, of the Federal EITC, Earned Income Tax Credit, but cuts in the business privilege tax and even across-the-board small wage tax reductions in no way target lower income families with tax relief, and they leave the wage tax totally regressive. And there have been no expansion of EITC eligibility for over a decade since the Clinton Administration. Clearly, a policy and values choice has driven a fiscal decision. On its face, it appears hardly convincing to justify the repeal of such an important and progressive law because of a very small cost to the City five years out or even further costs thereafter. 205 2/27/08 - WHOLE - BILL 080022, etc. There are innumerable ways of addressing these costs now or later at that time. 724 percent in Fiscal Year '08 as is planned. 8 percent. Secondly, as Councilmembers yesterday pointed out, the City apparently has not planned for the receipt of gaming revenues, which are dedicated to wage tax reductions. These are estimated to be roughly $470 million over five years. Thus, non-gaming revenues planned for the across-the-board wage tax cut can be redirected to the Cohen ordinance which has a targeted wage tax rebate. Third, adjustments can be made 206 2/27/08 - WHOLE - BILL 080022, etc. in how much the business privilege tax is reduced, as well as whether the net income portion should be reduced itself. And as stated earlier, the City does not have to strictly follow the state's exemption income guidelines for tax forgiveness and could make the levels somewhat less generous. The City Five-Year Plan and estimates for outlying years for the costs of the Cohen law appear to dramatically overstate these costs by assuming all those eligible will suddenly and separately apply for a tax rebate that is brand new.
Experience with the Federal EITC has shown that in its earlier years the take-up rate was well less than a third and remains to this day well below 100 percent. The Tax Reform Commission reported that in 2002 45,000 eligible people in the City did not claim the EITC. The Nutter Five-Year Plan also does not recognize that the Cohen working 207 2/27/08 - WHOLE - BILL 080022, etc. tax rebate will stimulate the economy and, thus, bring in additional tax revenues, reducing the impact of the rebate on the City treasury. Our best estimate based on Keystone Research Center research is that a large majority of the rebate will be spent in the City, generating a conservative estimate of $2 million in additional tax revenues. The Five-Year Plan also does not recognize that the Cohen ordinance 13 will reduce City expenditures, improving the well-being of lower income families and reducing social problems that require social services from the City. For example, the rebate will help families on the verge of homelessness or foreclosure eviction stay in their houses, reducing the need for other service expenditures. Taken together, then, the net costs of the Cohen rebate are much less than projected in the Five-Year Plan's assumptions. To repeal the Cohen rebate 208 2/27/08 - WHOLE - BILL 080022, etc. places the burden of balancing the Five-Year Plan on the backs of those least able to afford it. S. If we accelerate the reduction in business taxes, the relative burden of paying for City services will fall even more heavily on those with lower incomes. The wage tax rebate is a small step towards making our tax structure more fair. Ending the Cohen rebate is self-defeating, because it undermines other efforts to stimulate economic growth, especially in our commercial corridors. And I must add to that, it's really contrary to what Mayor Nutter said in his inauguration speech about trying to transfer many tens of thousands of people out of poverty in the City over the coming years. The Cohen working tax rebate is 209 2/27/08 - WHOLE - BILL 080022, etc. an ideal complement to efforts to stimulate economic revival in our neighborhoods. Neighborhood improvements will have a much greater impact if we give the residents of these neighborhoods more purchasing power. Finally, we should keep in mind that the planned accelerated cutting of the business privilege tax rests a lot upon wishful thinking, the wishful thinking that such cuts will generate substantial economic and jobs growth and then revenue growth. If this was so, would not the Five-Year Plan anticipate increased revenue growth resulting from the planned tax cuts? Instead of supply-side thinking working, the Plan does not anticipate revenue growth, rather a decline in BPT revenue and a smaller growth in wage tax revenues. As another reality check about the efficacy of business tax reductions, studies have shown that state and local governments have reduced billions of 210 2/27/08 - WHOLE - BILL 080022, etc. dollars in business taxes upon similar wishful thinking or effective business lobbying, which has shown little or no 5 economic growth impacts, but rather real evidence of weakening of infrastructure in government services, which all businesses and residents both need. And there's a study that was done by Professor Robert Lynch called "Rethinking Growth Strategies: How State and Local Taxes and Services Affect Economic Development," which lays this out and really shows how business taxes are a relatively small component of business costs and business profits and how businesses value a lot more things like a good workforce, infrastructure, transportation and a whole lot of other things that really depend on government services and infrastructure. We at least know that most of the targeted Cohen tax credit will have an economic stimulus effect by being spent within the City for goods and 211 2/27/08 - WHOLE - BILL 080022, etc. services.
For these reasons, on behalf of Philadelphia Unemployment Project, we join many other organizations to urge the retaining of City Council's historic contribution to tax fairness through this ordinance. Thank you. And this is Mr. Butler, who may wish to add a few words.
Thank you, Mr. Stein. We will now hear from Mr. Butler. Please identify yourself for the record.
Thank you, Madam President, and good afternoon. My name is Andre Butler and I am the Chairman of the Board of Directors at the Philadelphia Unemployment Project, and I'm privileged to be here today to testify before you, and, unfortunately, I'm glad to be back, because it's an issue that resonates and it's very 212 2/27/08 - WHOLE - BILL 080022, etc. important. First of all, I want to say last time I was here, our good friend, Howard Rye, was still above ground. Unfortunately, he is no longer above ground, and I know you all had a moment of silence, all that for him, but he was a great inspiration to me personally and to the organization and to society as a whole. Somebody said one time after he had passed, said that much of what people think and how people are better than society is ideas that he thought about. He wasn't always on the forefront, but he was always in the back and gave us ideas to go forward. So obviously he's sorely missed. I'm sure that what I'm saying is echoed by many people here in this here room. As far as the two issues before the panel today, the Cohen tax cut and the business privilege tax cut, let me say this: We see the actual people that it affects who come through our offices 213 2/27/08 - WHOLE - BILL 080022, etc. every single day. , and it's practically at least 35 to 40 people in that jobs club every single week. There are people in our office every single day who can barely have enough money to make transportation to get to their jobs, their day jobs, and then get back home. Every single penny which is in their pockets means something. Every single penny. Some bus drivers won't take 74 cents for that transfer. I don't care how nice you are to them. They want that 75 cents. When it comes time to paying your utility bills, you can make agreements if you want to, but sometimes they want that extra five cents or that extra dollar to make that agreement for you to pay so much once a month. So when you are thinking about cutting or repealing or eliminating the Cohen tax cut, remember that the economy 214 2/27/08 - WHOLE - BILL 080022, etc. is based on the money that they spend. Say what you want to say about the stimulus package that was put forth by the President, but it puts money back into the hands of people that need to spend to keep the economy going. Everything that happens -- everyone says the economy runs by the people spending money. And we are going to be starting to take money from those that spend it the most. And as I said before, the lower income people spend the most money. They don't save it. They always spend it on something, whether it's good -- they're always spending their money. And these are the main ones that you're going to take money from their pockets? Let's not forget that even this panel approved -- I may be saying it wrong, but somebody will correct me somewhere -- approved a bill that mandated that certain contracts, people that have certain contracts with the 215 2/27/08 - WHOLE - BILL 080022, etc. City, had to increase the amount of money that those people are making an hour when they're actually working. All right. They've got more money in their pocket. Now let's not take it from them and say that we're going to eliminate your tax credit. They need that money. We have approximately 140,000 people in this City who have no health insurance. They have no way to get there to get healthcare, no way to pay for their prescriptions. Every dollar that they have means they may be able to get their blood pressure medication or their diabetes medication, whatever it is that they're taking. If they don't have that money, they can't get their medication. Some of the money that the Cohen tax rebate would be saving would help them pay for that medication or pay for that dinner on their table or help pay that mortgage or their rent. 95 if your mortgage is a thousand dollars. 216 2/27/08 - WHOLE - BILL 080022, etc. They won't take that. They'll tell you they won't take that.
They'll either send it back to you or charge you a late fee or an under fee for not having enough money there, for that one cent or that one dollar. Let's not forget that. We are supposed to be the City of Brotherly Love. You all in this Chamber here are voting for the lives of the citizens of this City, not just your political interests or your party interests. Remember, you represent the people in this City, and they're looking to you all to look out for their best interest, and their best interest is that we keep as much money as possible in their pockets. Now, my colleague brought up the study by Professor Lynch, and Councilman Green asked Mr. Mandel if he had any kind of numbers on the effect of the business privilege tax cuts and City services, and Councilwoman Blackwell asked Stan Shapiro about him representing 217 2/27/08 - WHOLE - BILL 080022, etc. Neighborhood Networks and talking about the Cohen tax cut. Well, remember, as you all know, many of us, myself, Mr. Stein, Stan Shapiro, all of us represent a group called, as you know, One Philadelphia, which was formed to talk about the budget and talk about tax cuts. So sometimes we may be playing two hats at one time, but we're all in this same idea together looking out for everybody. Now, Professor Lynch in his report, he stated -- and if you want us to give you copies of it, we can certainly supply that to you -- where businesses are more concerned with schools, education, crime, dirty or clean streets, infrastructure. That's where they base themselves on coming -- not the tax structure. It bothers them, but it's not their main purpose for not coming here to this City. It's the infrastructure. It's the crime. It's the other things that affects them from 218 2/27/08 - WHOLE - BILL 080022, etc. coming. Now, if we're going to start dealing with those issues, which we are, then let's not try to get everything and try to eliminate taxes, too, on the people that could really afford it. We're going to have a situation where the rich are going to keep getting richer, the poor are going to keep on getting poorer. If we -- and as Councilman Jones said -- I wish he was here to actually hear this. As he said, tax reform you think would mean taxes across the board, but rightfully so, nobody has talked about or has e-mailed him to say we want to reduce or we want to eliminate the Cohen tax rebate, because that affects the most people that spends the money, the lower, the middle-income people. And if you eliminate the Cohen tax ordinance, you're really not having tax reform. You're just making them pay 219 2/27/08 - WHOLE - BILL 080022, etc. for some of what the proposed business tax cuts that are going to be eliminated and the revenues are going to be eliminated on the backs of the poor, underprivileged people. So in my conclusion, remember -- and, Madam President, you made a good point when you started. You said there should be more people here today about this issue. Many of them don't come here because they feel like I felt ten years ago, people have no say. The small man has no say. The big shots do just what they want to do. I was thankful to be a part of PUP to change my mind. I can see it a little bit different now. So we're here speaking for those who either cannot or will not speak for themselves. We're here to let you know the people, human side of this issue. We live and we progress our lives to own a business. We that own businesses know what comes with that, 220 2/27/08 - WHOLE - BILL 080022, etc. paying certain taxes. It's part of owning a business. It's part of being an actual businessperson. So those things are supposed to be. And they help to fund, as Councilman Green said, they help to fund City services. Ladies and gentlemen, let us not turn our backs on the people, the average Tom, Dick and Jane and Sue of this City.
Let us keep them able to live in this City comfortably, pay their bills, try to make ends meet, and let's not take the money from those that do have the money to help to pay -- to help keep the City going and let them continue to get richer. Thank you.
You're welcome. Any questions or comments from members of the Committee? (No response.)
Seeing none, thank you. Thank you very 221 2/27/08 - WHOLE - BILL 080022, etc. much.
Just a moment, Mr. Stein. The Chair recognizes Councilman Green.
Mr. Stein, I just want to take the opportunity to thank you for your well-researched, thoughtful and specific testimony. I find it very helpful. And also I just want to commend you for printing on both sides of each piece of paper. I appreciate that. Thank you.
Thank you. Our next witness? MR. McPHERSON: Representative Mark Cohen. (Witness approached witness table.) 222 2/27/08 - WHOLE - BILL 080022, etc. REPRESENTATIVE COHEN: Thank you. If someone would like to distribute this.
Very well. Good afternoon and welcome. REPRESENTATIVE COHEN: Good afternoon. I am pleased to announce that this testimony meets the green standard of being printed on both sides of the paper. Madam President, leaders and members of City Council, I am here to discuss the targeted tax for low-income people exempt from the state income tax. No political issue that my father was involved with during the last years of his life inspired more of his energies or had a greater public impact. The greatest percentage of the vote that he achieved in 11 candidacies for City office occurred, nearly 70 percent, occurred in the 2003 democratic primary when he was 88 years old. A key 223 2/27/08 - WHOLE - BILL 080022, etc. reason for his personal record for the highest percentage of the vote was his outspoken support of this targeted tax cut for low-income people. I called his attention to the odd fact that the City of Philadelphia taxes low-income people more than either the state government or the federal government taxes when Inquirer business columnist Andrew Cassell wrote a column about it sometime around 2001. David Cohen studied the matter thoroughly and became the most impassioned advocate for tax justice for low-income people that Philadelphia ever had. Philadelphia's wage tax dates to the 1930s, while Pennsylvania's income tax only began in the 1970s. Pennsylvania Governor Milton Shapp had a deep understanding of issues of tax justice, and his lawyers gained Pennsylvania Supreme Court approval to exempt low-income Pennsylvanians from the state income tax, despite the existence 224 2/27/08 - WHOLE - BILL 080022, etc. of a uniformity clause in the State Constitution. 31 percent for both City residents and non-residents, the largest increase in Philadelphia history. But those financially hard-pressed times are over. 394 percent for non-residents. The tax cuts for non-residents, many of whom earn very good salaries in our City, alone costs the City much more money than would the maintenance of the existing tax cut for low-income families in 2013. Southeastern Pennsylvania today and the City of Philadelphia are 225 2/27/08 - WHOLE - BILL 080022, etc. composites of many different communities. Former City Commerce Director Dick Doran wrote in his memoir, "Suddenly 65," how much at ease he felt traveling in foreign countries and how ill at ease he felt traveling in North Philadelphia. In recording his impressions, he was clearly uncomfortable with his views about North Philadelphia. We in government today have to face the fact that some parts of Philadelphia have greater concentrations of wealth than ever before and other parts of Philadelphia have greater concentrations of poverty than ever before. We have to face that fact, and we have to face what lack of adequate income does to people. It is common for people with high income to ask for tax cuts. It is obvious that tax cuts for high-income people can produce significant benefits for them. The benefits of tax cuts for low-income people are less obvious, but 226 2/27/08 - WHOLE - BILL 080022, etc. of even greater importance. On television, on radio, in shopping circulars, in store windows are endless attempts at persuasion to buy this or that or the other thing. Those parents who meet the demands of their children in response to the advertisements have a tool to gain and hold the respect of their children that parents with lower incomes simply lack. When parents cannot influence their children, the children are likely to rebel. Sometimes that rebellion takes positive forms, but all too often the rebellion takes the forms of disobedience and crime. My constituency includes low-income people, but I have some constituents, probably more constituents than low-income people, concerned about how low-income people threaten their lives. My constituents fear being crime victims. My constituents fear drug dealing. My constituents fear walking 227 2/27/08 - WHOLE - BILL 080022, etc.
the streets at times. Forty-one percent of Philadelphians rent apartments or houses, a far higher percentage than exists in any other Pennsylvania county. The fair market rent of a two-bedroom apartment in Philadelphia is $757 a month. The more people live in adequate housing, the less the culture of despair, hopelessness and anger takes hold. Low-income people in Philadelphia have more severe problems with credit than the average person does. They are more likely to miss payments of even small amounts and, thus, be forced to pay late fees, penalties, surcharges and higher interest rates. The old saying that it costs a lot of money to be poor is accurate. Giving low-income people more money to spend for their children has effects that go far beyond maintaining the children's respect for them. As a parent of an academically gifted high 228 2/27/08 - WHOLE - BILL 080022, etc. school student, I have seen firsthand how the ability of my wife and I to spend small additional sums of money for our daughter's school projects has helped her. Her excellence in completing school presentations with visual displays at a cost of $5, $10 or $15 a project led her to be invited to join Masterman Junior High School's National Academic League Team. This, in turn, this positive experience, led her to join Central High School's Debating Society. Similarly, our ability to take her to the zoo helped her score well with tests dealing with animals and our ability to get her an educational toy dealing with the facts about the 50 states helped her score well on a test dealing with the 50 states. Low-income kids simply don't have these opportunities. But any additional money that can be spent on their education can pay significant 229 2/27/08 - WHOLE - BILL 080022, etc. dividends for them and our City as a whole. The problems of low-income citizens are great. Reducing these taxes is but one of many things we have to do to help them. But every time a parent is able to buy a toy or a meal or an item of clothing for a child or, as the previous speaker said, pay for transportation somewhere, the parental bond is strengthened and the forces of stability and respect in this City are enhanced. The cost of the David Cohen tax cut is small. The annual City budget in 2013 will be in the $4 to $5 billion range. The benefits are great. I urge the members of the City Council to fight to keep this tax cut and to work to make this City one that works to both raise people from poverty and despair and the culture of anger and hopelessness. I urge thorough evaluation and rejection of the plan to kill the David Cohen tax cut. There is a far better 230 2/27/08 - WHOLE - BILL 080022, etc. case for making the David Cohen tax cut effective immediately in 2008 than there is for abolishing it entirely in 2013. Thank you.
Thank you very much. Are there any questions or comments from members of the Committee? (No response.)
Seeing none, thank you again. REPRESENTATIVE COHEN: Thank you. MR. McPHERSON: Our next witness is Shelly Yanoff. (Witness approached witness table.)
Good afternoon. Welcome. Please identify yourself for the record and proceed with your testimony.
Good afternoon. I feel like breaking into what seems like old times. 231 2/27/08 - WHOLE - BILL 080022, etc. Anyway, I'm Shelly Yanoff. I'm the Executive Director of PCCY, which is now called the Public Citizens for Children and Youth. We have changed our name a little bit. Before I begin making formal remarks, I want to thank you for holding the hearing and for scheduling public testimony right after this morning's hearing. I urge you and join with lots of others who are urging you to schedule additional opportunities for public input throughout the budget process. Our message today is really simple: Taxes can't be separated out from the services they're used to pay for, and cuts in revenue will inevitably bring concerns about the impact on needs. The reforms that you will be asked to vote on during this budget cycle will affect our City, not just over the next year, but years to come. Effective tax reforms have the potential to support a generation of Philadelphia's children and 232 2/27/08 - WHOLE - BILL 080022, etc. youth as they mature into productive adults. We are concerned, however, that needed services need to have the resources that we're not sure they have in this budget. We join you in working to make Philadelphia a child and family-friendly city, and believe that such efforts will result in a better city. As Philadelphia becomes more focused on family friendliness, it will attract more support from businesses as well as families. Study after study, including that of Professor Lynch that John Stein quoted, tell us that the best economic investments, in the review of the Federal Reserve Bank as well as economists from throughout the country, are investments in early childhood programs. The budget before you puts little into childcare. We urge that more attention be paid to this, both in the childcare facilities fund as well as innovative and linkage plans so that we 233 2/27/08 - WHOLE - BILL 080022, etc. can get more early childhood programs so the kids are more ready for school. Experts also tell us that an educated workforce is critical to business decisions, and we're glad to see more support for education, for lowering the number of dropouts and at last a boost for Community College. That is good news, but we need to do much more. PCCY believes that the best way to foster a thriving economic and civic life is by creating a child-friendly city, and that city would be one that supports many things for kids and families. These include quality education, starting in early childhood and extending through college. As we said, we're pleased to see the commitment to support public education more and to increase the support for Community College. These are two investments that are sound financially and are part of the critically important community-building strategy we need. 234 2/27/08 - WHOLE - BILL 080022, etc. Additionally, we hope that you do all you can to support the major step forward in education funding that the Governor's proposal represents. We also commend support that is in this budget for more jobs for youth, another vital link to a good future. Good healthcare, beginning with prenatal care and encompassing not only physical but behavioral healthcare, is very important. We commend the increase in supports for the health centers, and this Council has been very important in that over the years, but we are afraid that due to decisions at the federal level, there's going to be much more demand on the health centers, and we are concerned that there's not enough funding in the increase to be able to provide the kind of supports needed. We're also concerned that this City's progress in getting the lead out of kids' lives is really at risk. We must continue and sustain that investment 235 2/27/08 - WHOLE - BILL 080022, etc. every day, in spite of the fact that we have really gone from being the worst city in the country to one of the best. Every day kids are being poisoned.
We've got to really seriously invest in that. We need plenty of after-school recreation and job readiness opportunities. We're concerned that the Recreation Department and the Library will decline unless more supports are found for these vital services. They help kids and families. They build safe and strong communities. And we need services to ensure that children grow up safely and support them to make good choices in their lives. In spite of much bad publicity over the past 18 months, the City's prevention efforts appear to be taking hold. There has been a marked declined -- and we have sent all of you this report. There's been a marked decline in the number of abused and neglected children in the City in the last three years. There's also 236 2/27/08 - WHOLE - BILL 080022, etc. been more prevention and supports. We urge you to make sure that we keep prevention in front as you look at the budget. As you know, it's much more important and much cheaper to focus on building than later to focus on repairing. For the City of Philadelphia, any discussion of tax reform must go hand in hand with a clear-eyed assessment of the need for services to children and families. As you know, taxes are the price we pay for living in a civilized society. We need to make sure that we are paying enough so that we have the services that kids and families need. Thank you very much.
Thank you. Are there any questions or comments from members of the Committee? (No response.)
Seeing none, thank you, Shelly. 237 2/27/08 - WHOLE - BILL 080022, etc. MR. McPHERSON: Our next witness is Sherrie Cohen. And, again, her testimony has been distributed. (Witness approached witness table.)
Good afternoon. Please identify yourself for the record.
Yes. Good afternoon. My name is Sherrie Cohen. I'm here today to speak on the David Cohen working families wage tax rebate, legislation my father fiercely fought for during his life, which two Mayors now have sought to slash and burn since his death. I wish to thank the Councilpeople who are looking for ways to preserve it. First, I want to comment on the fact that this hearing is being held today so early in the budget process. I want to thank Council President Verna for modeling this more participatory budget process. Imagine on the very same day in which the Administration testifies on 238 2/27/08 - WHOLE - BILL 080022, etc. taxes the public is permitted to testify also. This is completely unlike the remainder of the budget process where a department head testifies on one day, yet the public may not get to testify until one month later. A more participatory budget process is what One Philadelphia, a network of advocacy groups, has called for, a call supported by the Daily News. Let's engage the people of this City in their own budget process. Let people testify immediately after the department heads of their government. Let's bring City Hall to our neighborhoods and at times when most people are not working. Why must budget hearings be held during the day in City Hall when people are working? Why can't we bring these budget hearings to the neighborhoods of our City and on evenings and weekends when people can attend and testify? The budget is the statement of priorities for our City. The people of 239 2/27/08 - WHOLE - BILL 080022, etc. our City must shape it. The people must be heard from in a timely manner if our testimony is to have any influence at all. Since my father can't be here to speak about the importance of preserving his wage tax rebate for working families, I thought I would quote him directly. These are statements by him in an article in the Northeast Times which appeared on July 31, 2002. " Quote, "Some people will say that this program is too costly, that it will reduce the ability to deliver City services, he said, responding to common criticisms of the bill. Those claims are false. If it passes, it will strengthen Philadelphia and make a tremendous difference in the life of a worker making 15 to 20 thousand 240 2/27/08 - WHOLE - BILL 080022, etc. dollars a year. " Quote, "It will impart dignity to those people, to the single parent, the family wage earner, the senior citizen who works part time. These people are entitled to fairness and equity in society, and that's all we're saying in this bill. There is no dignity to work if your work doesn't produce enough income to provide the basic necessities for your family. "Cohen said that his bill could provide further incentive for folks to leave welfare because it makes the transition financially feasible. Many former recipients who leave welfare to enter the workforce realize that their salaries cannot sustain their families, and the lower paying jobs they took don't provide minimum medical benefits, Cohen said. "Cohen characterized the bill 25 as," quote, "having such clear merit, it 241 2/27/08 - WHOLE - BILL 080022, etc. ought to pass unanimously. There is not a single Council district among the ten of them where there aren't thousands of people who are eligible, he said. " Quote, "I hope this is the beginning of a movement to politically mobilize the City in a way that's never been seen, a real participatory effort, he said. This is just one example of why it is so important to get involved in every phase of City government," end quote. Those were my father's words. These words are mine: I am appalled that Mayor Nutter seeks to eliminate the first progressive wage tax legislation ever passed in Philadelphia. I am appalled that he changed his position on this tax rebate for working families after he became Mayor. Mayor Nutter is a strong believer in tax cuts, apparently so long as they are not targeted to the people 242 2/27/08 - WHOLE - BILL 080022, etc.
who most need the help. Under the existing legislation, the two-parent two-child family with an income up to $34,250 would be eligible for a tax rebate. Even the state and federal governments both provide these tax refunds. In fact, the IRS states that every dollar received from the federal tax refund, called the Earned Income Tax Credit, puts up to $3 into local communities. Councilwoman Maria Quinones-Sanchez indicated in Council yesterday that elimination of this legislation may perhaps not be appropriate when one quarter of the people in our City are living in poverty. I ask, has there been a vast decrease in the poverty level of Philadelphians so that the Cohen tax rebate is no longer necessary? I think we all know the answer to that question. As the Mayor's Five-Year Plan itself states, Philadelphia has one of 243 2/27/08 - WHOLE - BILL 080022, etc. the highest poverty rates among the nation's most populous cities. S. 1 11 percent. So the percentage of 12 Philadelphia households living in poverty 13 has increased in recent years, not 14 decreased. 15 Let's not hurt those in 16 greatest need. We can bring in the 17 needed revenue in many other ways. I'd 18 like the Revenue Department to tell us 19 how much do we need to slow the business 20 privilege tax cuts or the across-the-board wage tax cuts in order to accommodate the Cohen targeted tax rebate. Or tell us which big businesses, like banks, do not pay the business privilege tax, and how much would the 244 2/27/08 - WHOLE - BILL 080022, etc. City benefit by eliminating preferences for them. Or as was suggested yesterday, apply the state's gaming revenues to fund the across-the-board wage tax cuts, and then other revenue would be available to pay for the Cohen working families tax rebate. There are many different ways to tax in order to bring in the revenue our City needs. The question is who carries this burden? Those who can afford it the most or those who can afford it the least? Those who can most defend themselves against City Hall or those who can defend themselves the least? It is not fair to put the burden on the people who can defend themselves the least. I repeat my father's call almost six years ago for a citywide political mobilization. We must preserve or move up the Cohen tax cut for low-wage workers. I urge the Mayor to withdraw his bill for the elimination of the Cohen 245 2/27/08 - WHOLE - BILL 080022, etc. tax cut. If the Mayor fails to do so, I'd like to remind those Councilpeople who in June 2006 voted to delay this tax cut that they said then that it was only a delay they were seeking, not elimination of the tax cut. I urge Council to overwhelmingly reject the Mayor's regressive legislation which burdens most those who can afford it the least. As my father said, quote, "there is not a single Council district among the ten of them where there aren't thousands of people who are eligible. There is no rich district in the City," end quote. Thank you.
Thank you, Sherrie. Any questions or comments from members of the Committee? (No response.)
Nice seeing you. Thank you so much for coming in to testify. 246 2/27/08 - WHOLE - BILL 080022, etc.
Our next witness? MR. McPHERSON: Tim Kearney. (Witness approached witness table.)
Good afternoon. Please identify yourself for the record and proceed with your testimony.
Good afternoon, Council President Verna and all members of City Council and ladies and gentlemen in the audience. My name is Tim Kearney and I'm here to testify and to urge Council to vote not to repeal David Cohen's tax cut reduction legislation for low-income families. Almost everything in my testimony you can read and has been mentioned by people, so I'm not going to read it word for word.
Very well, but we'll make certain that a copy of your testimony that you presented us 247 2/27/08 - WHOLE - BILL 080022, etc. is given to the stenographer, and it will be transcribed in full.
What I would like is just to add some comments. The cost of living -- I'm running, as it mentions in my testimony, for State Representative. This is the third time that I'm running for State Representative, and that means that in two primary elections and two general elections I've gone door to door and I've talked to people throughout the 172nd District, which includes Fox Chase, Academy Gardens, parts of Bustleton, Mayfair, part of Tacony, Lexington Park, a little bit of Rhawnhurst and a couple other smaller sections, a section of Holmesburg, and the one that I can tell you is that the cost of living is a really important issue for a lot of people in the 172nd District. As Sherrie 248 2/27/08 - WHOLE - BILL 080022, etc. mentioned, Councilman Cohen said there's no one of the ten Council districts that doesn't have people that would be helped by this low-income tax credit, and in the 172nd District in Northeast Philadelphia, that certainly is true. There's many, many people in this district that are working full time and making six or seven or eight or nine dollars an hour who would be eligible for this and for whom it would be very beneficial. It is one of the few ways that the tax is made progressive, and I'm a very strong believer in progressive taxation. And I guess the only other thing I would like to emphasize that a number of people said is that the extra money that somebody is going to get when they file to get their refund at the end of the year is going to be needed and necessary to pay bills, that it's really an issue of making ends meet for many families and being able to pay things and 249 2/27/08 - WHOLE - BILL 080022, etc. keep their heads above water financially. I've been impressed. It's not often that you see an institution press so hard for an issue and do it over and over and over again, but the Philadelphia Daily News has run at least 8 editorials, maybe more, on the Campaign 9 for Working Families, which we've had 10 running now for a few years in the City 11 of Philadelphia, to try so hard to get 12 low-income families knowledgeable about 13 the Earned Income Tax Credit, to apply 14 for it and to get it and so they have it, 15 and less so but increasingly for the 16 state tax-back program, which models or 17 parallels the federal program. If this 18 low-income family tax reduction at the 19 City level stays and is implemented in a 20 few years, there will be even more 21 incentive for low-income families to know 22 about all three of these programs. The 23 pot of money that they will be able to 24 get back will become much larger, and 25 more people, I think, will not only get 250 2/27/08 - WHOLE - BILL 080022, etc. the City but also get the state and the federal, which then will help them individually, but help the City as a whole, because that's federal and state money that comes back into Philadelphia and gets spread around the whole City. So I think that this is a wonderful bill. I think we should keep it. I think Council was fabulous a couple years ago when they overrode the Mayor's veto, and I hope that you'll change this Mayor's direction as well and keep this bill in place. Thank you.
Thank you very much. Any questions or comments from members of the Committee? (No response.)
Thank you very much, Tim. MR. McPHERSON: The last witness that I have is Carol Goertzel. (Witness approached witness 251 2/27/08 - WHOLE - BILL 080022, etc. table.)
Good afternoon. Please identify yourself for the record.
Thank you. Good afternoon, Madam President and honorable members of the City Council. My name is Tara Carlempki. I'm from PathWays and I'm reading the testimony of Carol Goertzel, who could not be here today. PathWays PA is an agency that has been committed to keeping families together and providing both advocacy and services to and on behalf of at-risk children, teens, women and families for almost 30 years. We work directly with over 5,000 individuals each year. In recent years, PathWays PA has provided statewide outreach promoting the Federal Earned Income Tax Credit and Pennsylvania Tax Forgiveness in addition to hosting mobile tax sites in the 252 2/27/08 - WHOLE - BILL 080022, etc. Philadelphia region. Our experiences have given us the opportunity not only to work better with our clients, but also to advocate for better services and policies to help bring them out of poverty. Based on these experiences, we know that wage tax relief is of critical importance to low-wage working families in Philadelphia. Families who would be eligible for the tax relief are already making far less than what they would need to make ends meet in Philadelphia. They cannot afford to lose the opportunity to keep more of the money they earn and need to support their families. Throughout the state, PathWays PA is best known for the Self-Sufficiency Standard of Pennsylvania. This standard is a yardstick that take into consideration real costs in calculating the minimum family income needed to maintain self-sufficiency. Since these costs vary throughout the state, we have calculated the needs of families in all 253 2/27/08 - WHOLE - BILL 080022, etc. 67 counties and adjusted the costs accordingly based on family size and configuration. According to the standard, a family of one adult, one infant and one pre-schooler in Philadelphia needs $44,190 to make ends meet. No fancy vacations, no car, no eating out. Just a two-bedroom apartment, with heat, food on the table, safe childcare and a TransPass to get to work. Although this wage only covers the necessities, it is still beyond the reach of many Philadelphians. Philadelphia has the highest percentage of low-income working families of any county in the state. In January 2007, PathWays PA released "Investing in Pennsylvania Families: Economic Opportunity For All," which shows that 22 percent of working families earn less 23 than 200 percent of the poverty line, or 24 just over $35,000 for a family of three. 25 This amount is still less than many 254 2/27/08 - WHOLE - BILL 080022, etc. families need to be self-sufficient, particularly in Philadelphia where the number of low-income working families is even higher. Forty-two percent of working families living in Philadelphia are low income. In addition to being low income, families whose earnings fall in the bottom three-fifths of income in our state take on more of a tax burden than wealthier families due to the uniformity clause in our tax code. Even though these families are struggling to make ends meet, they lose more of their income to taxes than better-off families. In the highly regressive tax system in which Pennsylvanians must operate, there are few rays of light for low-income workers and their families. The Federal Earned Income Tax Credit and, to a lesser extent, the Pennsylvania Tax Forgiveness Program provide this relief in the form of tax credits to low-income workers. Philadelphians have been 255 2/27/08 - WHOLE - BILL 080022, etc. waiting for further progressiveness in the form of the low-income tax credit, which after much delay was scheduled to take effect in Fiscal Year 2013. However, in the Five-Year Fiscal Plan, this long-awaited tax credit is eliminated, quote, "since the significant tax reductions in several other areas in conjunction with recent expansions to the Federal Earned Income Tax Credit Program will substantially benefit low-income residents and employees of Philadelphia firms," end quote.
While other tax cuts will benefit low-income Philadelphians, they will not do so at the same level as the low-income tax credit. 8 percent. Under the low-income tax credit, the wage tax would decrease for those who qualify for the Tax Forgiveness Program. A three-person family earning 256 2/27/08 - WHOLE - BILL 080022, etc. $25,500 a year, the maximum amount in tax year '07 this family can earn and qualify for the full Tax Forgiveness Refund, pays $950 per year in City wage taxes under the lowest wage tax proposed. This family, who already earns too much for food stamps, makes nearly $20,000 less than a self-sufficient wage. That $950 or any portion thereof would make a substantial impact in the rent, food, utilities or childcare costs of the family. 05 percent reduction in the wage tax saves this family more than $100, which could pay for a one-month SEPTA pass. In his inauguration speech, Mayor Nutter called for changes that could help move hundreds of thousands of families out of poverty, and we have no 21 doubt that he intends to meet that goal. S. history was the Earned Income Tax Credit, which provides tax credits to low-income 257 2/27/08 - WHOLE - BILL 080022, etc. working families. With the low-income tax credit, Mayor Nutter and City Council have the opportunity to help low-income working families here in Philadelphia move out of poverty and into self-sufficiency. We hope that instead of eliminating the tax credit, they will take this opportunity to heart. Thank you.
Thank you very much. Any questions or comments from members of the Committee? (No response.)
Thank you again for coming in to testify. Do we have anyone else that would like to testify? Please approach the witness table. (Witness approached witness table.)
Kindly identify yourself for the record 258 2/27/08 - WHOLE - BILL 080022, etc. and proceed with your testimony.
Good afternoon. My name is Alicia Dorsey. I am a working poor Philadelphian. I represent the Vice-Chair -- well, I hold the Vice-Chair at NPIO and I represent ACORN. President Verna and members of the Council, I am happy to be here today and thankful that Council has taken the time to listen to the community on this crucial issue. I am here today representing ACORN, the City's largest community organization with approximately 13,000 members organized into 12 neighborhood chapters. Our members are low- and moderate-income people committed to making sure Philadelphia is a city where everyone can succeed. Our members came together across the state in 2005 to organize for an increase to the minimum wage. ACORN also organizes tax and benefit centers, helping thousands of low-income working 259 2/27/08 - WHOLE - BILL 080022, etc. families apply for and claim all the benefits they are eligible for. These benefits and the Federal EITC and state Tax Forgiveness Programs are critical elements that lift many families out of poverty. ACORN was an early supporter of the Cohen wage tax amendment. We celebrated when it was adopted, and we are here today to ask this Council to honor Councilman Cohen's legacy and continue to support the wage tax reduction as a rare example of tax fairness. The families that will benefit from the rebate are families that make under 32,000 per year. We are a significant number of Philadelphians and we are spread throughout all neighborhoods and Council districts. More than one in five Philadelphians would benefit from this wage tax reduction, and one in three of the City's children would benefit. We are 260 2/27/08 - WHOLE - BILL 080022, etc. hard-working Philadelphians often struggling with the rising costs of housing, utilities and food. We believe in playing by the rules and paying our taxes, but we also ask if such a high tax burden on our backs is really in the best interest of our City. If the Cohen wage tax amendment is allowed to stand, Philadelphia's families will not be the only beneficiaries. Low- and moderate-income families will spend additional income in Philadelphia, stimulating the local economy. As others have already noted, the Keystone Research Institute has shown that 66 cents of the Cohen-targeted rebate would be spent in the City. In the grand scheme of using tax cuts as a means to stimulate the economy, this wage tax reduction is the most effective cut on the table. Philadelphia's families are looking forward to a new day and a new way. Unfortunately, the dark storm 261 2/27/08 - WHOLE - BILL 080022, etc. clouds of rising food costs, rising utility costs, rising gas and public transportation costs cast long shadows and the foreclosure crisis continues to ravage our neighborhoods with little end in sight. Our wages remain flat, and every day each dollar seems to pay for a little less. Making the regressive wage tax a bit fairer seems to be a logical step for the City to take. For these reasons, on behalf of ACORN members across the City, we urge you to preserve the legacy of David Cohen as embodied in the wage tax amendment. Councilman David Cohen's career was spent in service of the interests of poor working Philadelphians. He always had the courage to take the politically unpopular path to speak up for and act in support of the interests of the least powerful Philadelphians. Please do not ignore this legacy and do not ignore the families that this wage tax reduction will benefit. 262 2/27/08 - WHOLE - BILL 080022, etc. Thank you again for giving ACORN the opportunity to testify here today.
Thank you very much. Are there any questions or comments from members of the Committee? (No response.)
Thank you very much. Do we have anyone else to testify? (No response.)
Seeing no one, I want to thank everyone for their patience and certainly for coming in and expressing their views. This Committee will stand in recess until Tuesday, March the 4th at 10:00 a.m., at which time we will consider the Capital Budget. Thank you again. (Committee of the Whole adjourned at 3:40 p.m.) 263 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 February 27, 2008, 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.)