civus

Committee Hearing, March 30, 2004 (part 1)

Minutes from Philadelphia City Council Committee Hearings, Mar 30, 2004

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Councilman Clarke

And that's led by PIDC or Commerce?

Councilman Clarke

Who's the point person?

Councilman Clarke

Who's the point person?

Mr. Fina

The point person?

Councilman Clarke

Mm-hmm.

Mr. Fina

Sam Rhoads.

Councilman Clarke

Sam? Sam, you're the guy?

Mr. Rhoads

Yeah -- No, it's... 58 Whole - 3/30/04 - Bill 040157 There is a group of folks who meet regularly to look at these issues. And it includes the Center City District, it includes the Department of Commerce, it includes PIDC, it includes the Governor's Action Team. So it's a group that meets regularly, and to confront exactly these issues.

Councilman Clarke

So if and when the KOIZ legislation reaches City Council, I can expect that we will be able to have the conversation with this team or you as the point person about the potential loss of tenants in the existing properties.

Mr. Rhoads

Certainly.

Councilman Clarke

Okay. Okay. Madam President, I want to thank you.

Council President Verna

The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Thank you, Madam President. Good morning, gentlemen.

Mr. Fina

Good morning. 59 Whole - 3/30/04 - Bill 040157

Councilwoman Brown

First let me personally thank the leadership at ACE for your commitment to remain in Philadelphia. And with all TIFs, my principle interest is what the impact will be on the Philadelphia Public School System. To that end... But let me first follow up on Councilman Goode's question regarding the targeted tax credit. When companies come to you looking for tax credit opportunities, procedurally what do you do in-house with regards to the options available to them? What happens?

Mr. Fina

Well, Councilwoman, we have a number of programs. And we first analyze what the company's telling us. We look at their numbers, look at what costs they have, and we find out how sincere they actually are about their alternatives.

Councilwoman Brown

Two years ago the legislation was passed regarding targeted tax credit. Procedurally, what happens within your shop, if it comes to with regards to ensuring that at least this 60 Whole - 3/30/04 - Bill 040157 option is available to them?

Mr. Fina

Well, we refer them to the City Commerce Department or to the Finance Department, who provides -- who can explain that much better than we can. It is a City program. It's not a PIDC program.

Councilwoman Brown

So PIDC is in no way responsible for ensuring that the connect happens with the Commerce Department? You simply refer them. Is there any subsequent follow-up once the connect happens at the School District -- I mean, at the Commerce Department? I yield to Councilman Goode, Madam President.

Councilman Goode

Point of information.

Council President Verna

Chair recognizes Councilman Goode.

Councilman Goode

Is tax income and financing a PIDC program?

Mr. Fina

Yes. Under the State law 61 Whole - 3/30/04 - Bill 040157 it has to be an IDA or IDC that recommends it to the legislature and the School District. So the answer is yes.

Councilman Goode

So, there is an development... Sorry for taking this -- There is an economic development incentive at the Revenue Department, that you're going to refer people to the Revenue or Commerce Department, because it was not specifically suggested in legislation that PIDC first try to offer just $1,000 per job?

Mr. Fina

We inform our clients of every economic advantage they have a right to, Councilman, that they have a right to, such as a ten-year tax abatement. We tell them they have a right to that but they must pursue it.

Councilman Goode

I don't want to take any more of the Councilman's time. I'll follow up later. But you package these deals.

Councilman Goode

You don't just 62 Whole - 3/30/04 - Bill 040157 hand people a menu.

Councilman Goode

Okay. Thank you.

Councilwoman Brown

So with that said, PIDC is not responsible for ensuring that perspective candidates for tax credits are aware of all -- of the options to them. You punt that to the Commerce Department. Is what I'm hearing?

Mr. Fina

We work very closely with the Commerce Department and the Finance Department, when appropriate, with a client, just like we refer people to L & I to get their ten-year tax abasement. They must provide it, so we can't do that for them.

Councilwoman Brown

So then we should look to the Commerce Department to ensure that programs like the targeted tax credit are accessed and utilized; is that what I'm hearing?

Mr. Fina

I think --

Councilwoman Brown

Who is responsible, ultimately? 63 Whole - 3/30/04 - Bill 040157

Mr. Fina

Ultimately the City is responsible for that program. PIDC is not. But we certainly package it and refer our clients to take advantage of every opportunity that they can, that's available to them.

Councilwoman Brown

Okay, then.

Mr. Fina

As a matter of right, we'll say.

Councilwoman Brown

I understand that the School District, according to your testimony on Pages 2 and 3, will see a net increase of $7.1 million over the 20-year lifespan of this TIF. That plus the $30 million to the City will make for a convincing argument on why we need to keep this corporate citizen here. Help me understand how you arrived at those numbers.

Mr. Fina

Yes. We calculated the amount of Use and Occupancy tax that will be generated from the TIF District when the improvements are completed, and we ran that 64 Whole - 3/30/04 - Bill 040157 through for the term of the TIF. And the aggregate amount was $12,130,000. And we subtracted the actual base, which is being paid now, of $137,000 from that. And that's the amount of... over years that 7 the School District will receive. 8 And then we subtracted the amount 9 that they're receiving now from the 10 property. And so the aggregate is $7.1 11 million over the 20 years. 12

Councilwoman Brown

And I did hear 13 you say in your testimony that the SRC did 14 approve this, correct? 15

Mr. Fina

Yes, they did, on March 16 17th. 17

Councilwoman Brown

Okay. On of your testimony, third paragraph, you 19 say, the project is expected to create 20 approximately 206 construction jobs. What kind of impediments would get in the way to achieving that goal? Because you use the word expected.

Mr. Fina

Well, it's difficult sometimes when techniques in construction 65 Whole - 3/30/04 - Bill 040157 change. So that may be 200 jobs; it may be 120 jobs. This is the estimate that we use, based upon the cost of the improvements that we're being advised are going to occur in the Fifth District.

Councilwoman Brown

And then you say retain and create 950. If you could please break that down for us.

Councilwoman Brown

How many would be created specifically for this project, and how many would be retained? Unless I missed that in the testimony.

Mr. Fina

Well, within the TIF District there's 800 jobs being retained and 150 being created.

Councilwoman Brown

Okay.

Mr. Fina

ACE is retaining 200 other jobs that are not at risk that will be in another location.

Councilwoman Brown

All right.

Mr. Fina

And they're not part of the 950.

Councilwoman Brown

Okay. ACE 66 Whole - 3/30/04 - Bill 040157 plans on putting 800 people in this building, as you just stated, correct?

Councilwoman Brown

950 in this building.

Councilwoman Brown

Currently, 1,000 employees in its headquarters; is that accurate?

Councilwoman Brown

Okay. And on , okay, you said it would be 950 employees. That looks like a net loss of 50. Would that be the accurate assumption?

Mr. Fina

No. Because 200 other employees currently in the City of Philadelphia will be retained in the City of Philadelphia. So there will be 1150 in total in the City of Philadelphia.

Councilwoman Brown

Okay. With these types of packagings, do you ask for guarantees or source protections to ensure that those 800 remain in Philadelphia?

Mr. Fina

We negotiated a clawback 67 Whole - 3/30/04 - Bill 040157 with ACE where they must retain at least 920 jobs here in the City of Philadelphia.

Councilwoman Brown

Is that a first? Is that unprecedented? Is that a practice? What is it?

Mr. Fina

That is unprecedented. But we hope to make it a precedent.

Councilwoman Brown

Okay. Thank you for your testimony. Thank you, Madam President.

Mr. Fina

Thank you, Councilwoman.

Council President Verna

You're welcome. The Chair recognizes Councilman Kelly.

Councilman Kelly

Good morning, Mr. Fina.

Mr. Fina

Good morning.

Councilman Kelly

Mr. Fina, in your testimony you mention that the building is 50 percent occupied. Could you tell me who is occupying the building now at 436 Walnut?

Mr. Fina

There is one large tenant 68 Whole - 3/30/04 - Bill 040157 and one small tenant. The one large tenant is One Beacon; the small tenant is Exliebers (phonetic).

Councilman Kelly

Are they going to remain in Philadelphia; do you know? Where are they going to be relocated?

Mr. Fina

Their lease continues through 2008. And ACE is committed to not -- not to force them out.

Councilman Kelly

Okay. In other words, in 2008 their lease would expire, and they would have to be relocated; is that true?

Mr. Fina

PIDC is working with One Beacon when that eventuality occurs.

Councilman Kelly

Okay. Could you tell me: What type of reduction are you talking about with the TIFs with those clawbacks?

Councilman Kelly

If you fall under 920.

Mr. Fina

What we would do is divide the 920 by the number that they 69 Whole - 3/30/04 - Bill 040157 actually have, and then multiply that by the incremental tax. That would become a percentage. And then multiply that percentage by the incremental tax that they were to receive the following year. And they will have that deducted from their -- from that amount of incremental taxes.

Councilman Kelly

I see. In other words, if it falls drastically below the 920, then it would be substantial.

Mr. Fina

Yeah. Well, let's say if it went down to 460, just as -- because I could do the math easy. That's 50 percent. So they would get 50 percent of the incremental tax the next year. But if they didn't move the jobs back up, then they would get -- that would continue. So that's a drastic example that we do not expect to happen.

Councilman Kelly

Okay. Well, just following up on Councilman Clarke, he evidently has mentioned that there's going to be a lot of activity, I guess, with the TIFs and the KOIZs in the upcoming months 70 Whole - 3/30/04 - Bill 040157 or years. And I'm sure that you're going to have to have some kind of a plan implemented to do something with the relocation of all these people from all the other buildings that are going to be moving into these newer buildings.

Mr. Fina

That's correct.

Councilman Kelly

Okay. Thank you. Thank you, Madam President.

Mr. Fina

Thank you.

Council President Verna

Thank you. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Thank you, Madam President. Mr. Fina, you mentioned the $1.6 million economic stimulus money?

Mr. Fina

$1.5 million. Yes. sir

Councilman O'Neill

$1.5 million.

Councilman O'Neill

Is that a grant or a loan?

Mr. Fina

That's a grant. 71 Whole - 3/30/04 - Bill 040157

Councilman O'Neill

And is it out of current fiscal year's budget or is it out of the upcoming '05 fiscal budget?

Mr. Fina

I'd have to check with Commerce what budget that's in.

Councilman O'Neill

Okay. Will you check now?

Mr. Fina

Yes. I'm told it's current, Councilman.

Councilman O'Neill

Okay. To '04?

Councilman O'Neill

How many public dollars, excluding incremental taxes, are involved, City dollars, are involved in this transaction? I'm not talking about credits against taxes that we might not have gotten, same as the incremental taxes, but obviously the $1.5 million is direct City money.

Mr. Fina

There are no other dollars from the City other than the TIF.

Councilman O'Neill

Okay. So the $1.5 million grant is the out of pocket, 72 Whole - 3/30/04 - Bill 040157 sort of, if you will.

Mr. Fina

That's the way to phrase it, Councilman.

Councilman O'Neill

Okay. I just want to thank PIDC and Commerce, and actually, the applicant. This is about the best information I've gotten on a TIF. And that was done on a short, fast track. But... And the Chamber. I think people really put their heads together on this. If this is what we're going to see in the future, I think we have a good chance of succeeding.

Mr. Fina

Thank you, Councilman. I appreciate that. And on behalf of all of us, I thank you.

Council President Verna

Councilman, are you finished?

Councilman O'Neill

I'm finished.

Council President Verna

The Chair recognizes Councilman Kenney.

Councilman Kenney

Thank you, Madam President. Mr. Fina, isn't there some post 9/11 73 Whole - 3/30/04 - Bill 040157 insurance underwriting issue, either corporate policy or overall insurance issue, that at the same time the lease is expiring, the inability or the difficulty in housing more than 1,000 people in what's called a Trophy building, which would be Liberty, wasn't that part of what, kind of -- part of the catalyst, in addition to the lease expiring? It may be an ACE corporate policy alone or it may be an overall insurance industry issue.

Mr. Fina

That's a question that we're going to verify with ACE, how they want us to respond to that, Councilman.

Councilman Kenney

Okay.

Mr. Fina

I think it's a fair question. But I just want to check to make certain I'm not speaking against company policy.

Councilman Kenney

In general terms, it would seem that after 9/11 housing 1,000 or more employees in a large building must be difficult to insure, just 74 Whole - 3/30/04 - Bill 040157 in general terms.

Mr. Fina

I'm not qualified to answer that.

Councilman Kenney

Who are our competitors for ACE?

Mr. Fina

New Jersey, principally; Bucks County. I don't believe Delaware, but they did look at --

Councilman Kenney

Delaware is kind of a general contender for everything, isn't it?

Councilman Kenney

But... So it's Jersey, Bucks County, potentially Delaware. Can you talk about any type of incentives that you were aware of that were waived out there? Because I heard some big numbers coming out of Jersey.

Mr. Fina

New Jersey was offering $32 million cash.

Councilman Kenney

Cash?

Councilman Kenney

Does that include... 75 Whole - 3/30/04 - Bill 040157

Mr. Fina

Oh, I'm sorry. I misstated. It's $22 million cash and $10 million of additional incentives.

Councilman Kenney

And how does that, in your business, in your industry rank as an incentive? Was that a major one, a minor one, medium sized one?

Mr. Fina

That's a very significant incentive. We're not able to match that incentive with ACE. We are fortunate we convinced them to stay with the incentives that we proposed.

Councilman Kenney

What's the condition of the building at 436 Walnut right now? What would you... Is it -- What would you term it, in terms of office class?

Mr. Fina

I'd say it's probably Class C.

Councilman Kenney

C? Isn't it a historic building?

Mr. Fina

I don't believe so, Councilman. And actually, two buildings, one 12 stories and another 6 stories, fused 76 Whole - 3/30/04 - Bill 040157 together years ago. 9 and 12.

Councilman Kenney

There's been some extensive discussion about TIFs and strategy and issues relative to the number of TIFs we've done and what their effect has been. I want to ask you from the opposite side. Do you have an estimate on what number of jobs we would have lost had we not used TIF?

Councilman Kenney

I know we're about five -- you estimate about 5,000 created. I'm talking about, what would we have lost had we not had TIF as a weapon?

Mr. Fina

The TIFs that have closed have created all net new jobs. They're hotels, the other... Quite a few hotels. But in the Kverner project. I mean, they were all net new jobs, so we have not done retained jobs until now with the TIFs.

Councilman Kenney

Do you have -- From your experience, I think you've been involved probably with every TIF since '96. 77 Whole - 3/30/04 - Bill 040157

Councilman Kenney

Had you in your own calculations determined what potential loss there would have been had TIF not been a tool to use in retention?

Councilman Kenney

I mean, if you don't know now, I'd be interested in having you do some calculation, just to give us an idea of perspective.

Mr. Fina

Well, at least 800 jobs, Councilman.

Councilman Kenney

At least 800?

Mr. Fina

Yeah. Including this one.

Councilman Kenney

I would be interested in knowing in the future what you would have estimated the overall loss would have been had TIF not been here.

Mr. Fina

We'll do that calculation.

Councilman Goode

Madam President, point of information. Madam President. Madam President. 78 Whole - 3/30/04 - Bill 040157

Council President Verna

A point of information for Councilman Goode.

Councilman Goode

Just for clarity of the record, I believe Mr. Fina just testified that TIF has not been used for retention before; is that correct?

Mr. Fina

That's correct.

Councilman Goode

Thank you. COUNCILMAN DiCICCO: Have TIFs resulted in retention, even though it wasn't anticipated?

Mr. Fina

With one exception, all the projects are new. There was -- And the job creation was new, Councilman, such as Kverner. Those jobs did not exist. The PSFS Hotel did not exist. So, all new jobs. But in the PNC Bank Center, the first TIF we did, there's retention there. But...

Councilman Kenney

But what?

Mr. Fina

So we will -- we will do that calculation and get that to the President. 79 Whole - 3/30/04 - Bill 040157

Councilman Kenney

And additionally, if you could kind of extrapolate what that loss of those unretained potential jobs would have been, relative to the City's economy, loss of tax dollars.

Mr. Fina

Okay. There's an economic formula that you could use a multiplier effect and do indirect jobs for every job created. Normally it's called a RIMS formula.

Councilman Kenney

You know, I voted on every TIF I think we've done since '96. And this one seems to me to be really a no-brainer in the scheme of TIFs. And again, we always look retrospectively at TIFs, to see whether or not it had the effect that we've desired. Sometimes perhaps not; sometimes minimally. But I think this one to me seems to be a relatively easy one to vote for because of the historic nature of this company in the City, and because of the job retention and the additional creation. It 80 Whole - 3/30/04 - Bill 040157 seems to me to be one of the better ones. So, thank you for your testimony.

Mr. Fina

Thank you, Councilman.

Councilman Kenney

You're welcome.

Council President Verna

Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. Good morning, Mr. Fina, Mr. Rhoads. On the subject of job retention, as it relates to this particular TIF, we understand that we will be keeping those 800 jobs, actually 1,000 jobs possibly because the other 200 that will not be located at this particular site may have left as well. That's a possibility, I'm sure. But when we talk about TIFs, just thinking of a few that, when we've done some for hotels, as an example, they may not necessarily be described as retaining jobs. But there are ancillary or retaining 81 Whole - 3/30/04 - Bill 040157 jobs in the restaurant industry, as an example. But for some of the hotels and the fact that we're able to accommodate larger conventions, there is a spinoff that does retain jobs, maybe not specific to that TIF building or that project, but other jobs are being retained Citywide. And that's, I guess, hard to calculate, although we can guesstimate on the jobs that are retained.

Mr. Fina

There are economic models that you can use to do that, Councilman. And... You know, we don't do that because we'd rather do real nose counts of people. COUNCILMAN DiCICCO: And I understand that. But in a broader sense there is job retention --

Mr. Fina

Oh, absolutely. COUNCILMAN DiCICCO: -- somewhat related to every TIF that we've done --

Mr. Fina

Absolutely. COUNCILMAN DiCICCO: -- or will do. In some shape or form.

Mr. Fina

There's not only job 82 Whole - 3/30/04 - Bill 040157 retention; there's also job creation. COUNCILMAN DiCICCO: Job creation as well.

Mr. Fina

Yes. COUNCILMAN DiCICCO: All right. I just have two other questions. Of the 150 new jobs that we're anticipating, what is the average salary of those jobs? Does anyone know? Approximate?

Mr. Fina

About 79,000, Councilman, annually. COUNCILMAN DiCICCO: 79,000 annually per job. Anyone do the calculations on... I could probably do that real quick. It's about, what? $3.2 million a year in Wage Tax, just rounding it off?

Mr. Fina

Yes. COUNCILMAN DiCICCO: So we pick up an extra $3.2 million on Wage Taxes just on those 150,000 jobs. And where I'm going is, I'm certainly not going against what Councilman Goode was talking about earlier, but the $98,000 job creation is considerably offset 83 Whole - 3/30/04 - Bill 040157 by what we collect in the Wage Taxes.

Mr. Fina

Yes. I would agree with you, Councilman. COUNCILMAN DiCICCO: Okay. Thank you. I have no further questions, Madam President, Madam Chair.

Councilwoman Blackwell

Thank you. Councilwoman Marian Tasco.

Councilwoman Tasco

I have some question, Mr. Fina, but I also -- if there are questions for this group, I'll wait because I want to call Mr. Roundtree.

Councilwoman Blackwell

Thank you. Are there follow-up questions?

Councilwoman Tasco

I just want to ask one question.

Councilwoman Blackwell

Certainly.

Councilwoman Tasco

What is the source of energy for this building?

Mr. Fina

When it's completed?

Councilwoman Tasco

Yes.

Mr. Fina

Councilwoman, I've asked that question of ACE. And they're still in 84 Whole - 3/30/04 - Bill 040157 the very preliminary engineering of the building, so they haven't made a determination of what source they're going to use.

Councilwoman Tasco

The choice is between... What would be the choices?

Mr. Fina

Well, I mean, it's an older building.

Councilwoman Tasco

Mm-hmm.

Mr. Fina

So they haven't -- They have -- And it already has a fueling system, so they'll have to look at that to see what's the most economical basis for them to rework that system, replace that system, buy an alternative system. And that has not been determined yet.

Councilwoman Tasco

Well, given the fact that PGW is just about bankrupt, it would be very helpful if we could encourage these companies that we grant TIFs to use gas as a source of energy. COUNCILMAN DiCICCO: If you can guarantee they won't shut the gas works down. 85 Whole - 3/30/04 - Bill 040157

Councilwoman Tasco

Well, the representatives at ACE are sitting in the audience. We ask you to give serious consideration to the use of gas. It is clean, it is economical, and will help the City. But with all respects to PECO, but they don't provide anything.

Councilwoman Blackwell

Councilwoman, we asked the question already in lieu of our hearing in about an hour. And we were advised that they're using both, the plans are to use both.

Councilwoman Tasco

Well, I mean, they use electric for the lights. I mean, that doesn't cut you out. That's a given. I was talking about heating. I did say energy. I was talking about heating. Okay.

Councilwoman Blackwell

Councilman DiCicco, what are you saying? COUNCILMAN DiCICCO: They may have an incentive to negotiate a deal with PECO.

Councilwoman Tasco

Then I'll come 86 Whole - 3/30/04 - Bill 040157 with my other question. I have questions of Mr. ...

Councilwoman Blackwell

Thank you. I won't comment. I thought of something but I better leave that alone. Donna, you have a question.

Councilwoman Tasco

I'm sorry.

Councilwoman Blackwell

We had follow-ups for these witnesses, Councilwoman Miller, and Councilman Rizzo, I know. Are there other questions for these witnesses? Councilwoman Miller?

Councilwoman Miller

Thank you, Madam Chair.

Councilwoman Blackwell

You're welcome.

Councilwoman Miller

My questions are pretty much around employment related issues, so I know that that's part of what Councilwoman Tasco wants to ask. But I don't know whether you have this information, Mr. Fina. Maybe someone from ACE INA can provide some information to us. 87 Whole - 3/30/04 - Bill 040157 Of the 800 current employees or 1,000 current employees, or the 800 that's going to remain here, how many are Philadelphia residents? What types of jobs are they? And I'll wait for those two. I have a couple more. And what is the diversity of the current work staff -- work force?

Mr. Fina

I do have an answer for you, Councilwoman Miller.

Councilwoman Miller

Okay.

Mr. Fina

There are 300 Philadelphia residents in their current force work. 48 percent of their current work force is female, percent of their 17 current work force is minority. 40 percent 18 female; 20 percent minority. 19

Councilwoman Miller

It's my 20 understanding that this is a national headquarters. So you have directors, in terms of titles of positions... What types of positions currently exist at INA?

Mr. Fina

They have a number of positions, from clerical to executive. And 88 Whole - 3/30/04 - Bill 040157 the average salary is quite good. It's 79,000 some dollars annually.

Councilwoman Miller

Well, if you have any clerical positions that are available for $79,000 a year, I have some people we can refer for that.

Mr. Fina

I've given them my resume also.

Councilwoman Miller

What level of minorities are a part of the senior level staffing, and minorities including -- that also means women.