The Chicken Cacciatore Project

Striking out

2011-03-04T17:09:00.003-05:00

West Chester recently rejected as infeasible the construction of a minor league baseball stadium in that borough. The stories in the Daily Local News of October 21, 2010 and January 4, February 8, and February 14 of this year report the course of West Chester's deliberations.

So you knew that it was only a question of time until someone would try to bring the project to Phoenixville.

Aren't they still busy building the one-track Green Line or lending their expertise to the Parking Authority?

How long will it be before they start banging the cup for public money and tax breaks?

Any bets?

From the mouth of a Nobel laureate

2010-12-11T10:38:00.002-05:00

“And if they put Jews into gas chambers in the Soviet Union, it is not an American concern. Maybe a humanitarian concern.” Henry A. Kissinger, March 1, 1973. (Source, New York Times, December 11, 2010)

Awarded the Nobel Peace Prize, 1973.

Letter to Borough Council Re Parking

2010-11-12T18:07:00.005-05:00

November 12, 2010

Phoenixville Borough Council

Re: Downtown Parking

Dear Council Members:

I write with some further thoughts on this subject, following the demise of the Parking Authority and the Borough’s resumption of responsibility for parking both on-street and in the Borough’s parking lots.

A. Real Numbers

I have a copy of the ‘Parking Authority – Initial Overview” presented by the Manager. I was not at the meeting and the document contains no explanatory narrative, so that I have had to interpret it on my own.

1. Revenues

The Overview shows annual meter income of $48,000, permit income of $14,400, and violation income of $36,000, for an annual total of $98,400. By contrast, the total revenue estimates presented in last year’s Harman study were of the order of $302K–330K (see Harman report, pp. 25–26). The difference is nontrivial, so I think it pays to look closely at the data underlying each estimate. Please note that the Overview and the Harman study use different rates. The Overview I believe uses $1 per hour for meters and $10 per month for permits. Harman used $0.50 per hour and $20 per month, respectively. The Overview does not state the days and times of enforcement; Harman assumed 60 and 66 hours per week, respectively. The current lot signage says 9AM–9PM, Monday through Saturday, which is 72 hours per week. Harman assumed 50 weeks a year.

I would not be surprised if the Overview were closer to reality than Harman, especially having seen what the lots look like most days. I assume that the Overview figures are based on what we now know of the actual receipts of the Authority (though I don’t know that for a fact).

Based on the Overview’s projected revenues, I think it’s helpful to calculate what they imply in terms of parking lot utilization.

According to the Borough’s website, the lots have capacities as follows:

Lot -----------------------------------------------Capacity
Mill Street (metered)----------------------------------78
Main & Bridge (metered)-----------------------------37
Taylor Alley (mixed permit/metered)--------------97
Prospect Street (mixed permit/metered)--------- 91
North Main (employee permit)---------------------175

Totals
Metered only-----------------------------------------115
Mixed permit/metered-----------------------------188
Permit only-------------------------------------------175
TOTAL PARKING SPACES-------------------------478

For the purpose of occupancy analysis, I have assumed (since I don’t have the breakdown) that half of the mixed-lot spaces are metered, the other half permits. That would result in a parking complement of 209 metered and 269 permit spaces.

Metered space occupancy based on the above data is then as follows:

Total available : 209 spaces ✕ 12 hr/day ✕ 6 day/wk ✕ 52 wk/year =
782,496 space-hr/year

At 100% occupancy at $1/hr, the gross annual meter revenue would be $782,496. The assumed meter revenue of $48,000 implies an occupancy of $48,000/$782,496 = 6.13%. Put differently, it means that the lots are presumably 93.87% vacant. If that’s what we really think, then exactly what is the purpose of metering the lots? Turnover of spaces?

The above calculation is of course sensitive to the assumption I made about the split between metered and permit spaces for the two mixed lots. The metered spaces must, however, be between 115 (i.e., the mixed lots are really all permits) and 303 (all the mixed-lot spaces are metered). The calculated occupancy rates based on these two other capacity figures are then 11.15% (88.85% vacant) and 4.23% (95.77% vacant).

Permit space occupancy is calculated as follows:

Total available: 269 spaces ✕ 12 months/yr = 3,228 space-months/year

At $10 per space per month, full occupancy revenue would be $32,280. The $14,400 estimate in the Overview implies an occupancy of $14,400/$32,280 = 44.6%. Again, if you vary the assumed total number of permit spaces, the calculated occupancy rate changes. It’s between 68.57% and 33.06%.

In short, what’s the parking issue that we are trying to manage and do we have a workable approach?

2. Costs

The Overview projects recurring annual costs at $98K; Harman shows $132K. One of the major cost differences is that the Overview does not include any supervisory costs, while Harman assumed a three-quarter time administrator at $31K. If administration is simply added to the responsibilities of a present staff member, there is no marginal cost, though there is a cost in ‘grey’ dollars. Since we allocate management costs elsewhere in the Borough, I think the parking function ought to be allocated its share of those costs.

The only other comment I have about costs concerns the credit card transaction fees, which are estimated at $20,400 per year. I assume this relates primarily to the use of credit cards at the meters. The estimated total meter revenue is $48,000. Since some of that is in cash, credit card meter payments must be less. Paying $20,400 in fees on less than $48,000 in revenue is not reasonable, in my view.

B. Past Bad Practices and Their Continued Consequences

As I am sure you must be aware, during the time that the PPA was collecting meter revenue and issuing violation notices (roughly May through October 2010), there was no Borough ordinance in effect establishing metered parking in the Borough’s lots. Since there was no meter ordinance, it was also impossible to commit a metered parking violation. Section 7 of Ordinance No. 2153, enacted January 15, 2010, eliminated the entire part of the code on off-street metered parking (copy of Ordinance No 2153 attached).

I suggest that the PPA’s actions in demanding and receiving meter revenue (via the signage and the parking meters) in the absence of an appropriate Borough ordinance constitutes the crime of theft by deception. To the extent that credit payments were obtained, I think there may indeed be violation of the Federal mail and wire-fraud statutes, since the credit card data for the fraudulent charges was undoubtedly transmitted to the credit card issuers by interstate wire and since many of the customer’s ultimate credit-card payments were foreseeably made by mail or wire. (If you think that mail and wire fraud are a stretch, read the United States Supreme Court’s decision in (no kidding) Schmuck v. United States, 489 U.S. 705, 109 S.Ct. 1443, 103 L.Ed.2d 734, 57 USLW 4362 (1989) (copy attached)).

I suggest further that the issuance of a notice of violation in the off-street lots constitutes a threat of prosecution under a (nonexistant) ordinance and that the obtaining of funds in that manner constitutes the crime of theft by extortion. This could also be a civil rights violation, since the PPA is a governmental entity and was in any event acting under color of law.

If the receipt of the underlying funds (parking and violation revenues) were thefts, the receipt by the Borough of such funds from the PPA, knowing or believing that the funds were stolen, is, of course, the crime of theft by receiving stolen property (unless the Borough is holding those funds in order to return them to their true owners).

All the technicalities aside, what happened is that the PPA took in money to which it was not entitled. The PPA, however misbegotten, was a creature of the Borough. I suggest that Council now needs to make things right. In the case of credit card payments, the Borough should have the information needed to credit those payments back to the customers. In the case of paid violation notices, the Borough should have at least the vehicle plate number, which will allow you to determine the owner’s identity and address, to which a refund can be directed.

That leaves the matter of what should be done about those (the PPA and its Executive Director) who created this situation. Thanking them for their service is not what I’d have in mind.

I hope that you will take this seriously and act accordingly.

Yours very truly,

Richard A. Breuer

Philadelphia's parking authority highlights

2010-05-28T14:46:00.003-04:00

Now that Phoenixville's Parking Authority is in 'full swing,' is Philadelphia's experience something to which we can look forward.

Read the Philadelphia Inquirer's article.

Your parking authority at work?

2010-02-12T12:12:00.003-05:00

Quoted from "Downtown Phoenixville News," Feb 12, 2010:

The thought of parking in the borough may have you flummoxed, but fear not! The word on the street is that the Justice Center parking lot (just west of Bridge & Gay) is clear and patrons may park there for the evening screenings. Similarly the Phoenix Federal lot on Main Street is clear, as is the Baptist Church lot on Church & Gay. The municipal lots are still snowy so they may not be the best bet.

By the way, might the anonymous operator of that blog be related in any way to the Executive Director of the Parking Authority?

Nice of the blogger to invite the general public to use various private lots. Do you think he or she got OKs from the property owners?

If we can't have minor league baseball in Phoenixville

2010-02-01T16:18:00.004-05:00

. . . maybe we can make the steel site the first major league buzkashi venue in Pennsylvania.

Oh, you don't know how to play buzkashi. Try here

Clean-up time?

2009-12-31T08:05:00.003-05:00

In a year-end editorial, The New York Times suggests that voters in that state vote out their entire legislature in 2010.

Pennsylvania voters won't get that full opportunity, but we should all reflect on the performance of our state legislators.

When you get an appetite for pork

2009-12-31T08:00:00.004-05:00

Read the Washington Post's story about Pennsylvania Congressman Murtha's penchant for pork projects and how that's mostly a flat out waste of public (i.e., taxpayer) money.

Then think about this on a local level.

Buckwalter wins in Pennsylvania Supreme Court

2009-12-29T14:40:00.009-05:00

The Pennsylvania Supreme Court has ruled in favor of Phoenixville Councilmember Ken Buckwalter in his suit against the Borough. In a December 28, 2009 decision the court held that “the Phoenixville Borough Council lacked the authority to change its councilmembers’ pay during incumbent councilmember’s terms.” The Borough's ordinance violated Article 3, Section 27 of the Pennsylvania constitution.

The opinion authored by Mr. Justice Eakin (in which five other justices joined) and the concurring opinion of Mr. Justice Saylor can be found here and here.

Aspiring to cognitive dissonance

2009-08-31T09:02:00.002-04:00

The Parking Authority’s ‘narrative’ presented to Council last week refers to the $100,000 five-year loan (which the Borough is being asked to guarantee) as a ‘short-term vehicle.’

Mr. Cassidy tells Council, in response to questions, that the Authority would want to pay off the loan as soon as possible.

Mr. Krack tells Council that the loan being negotiated (the terms are apparently not yet set) will be interest-only for a year and that possibly it will be interest-only for the entire five years, with a balloon principal payment at the end.

Krack and Cassidy can’t even get their stories straight. And will the Council notice?

Unexcused absence

2009-08-22T10:08:00.002-04:00

Conspicuously absent from the summary of the PASD forensic audit is any mention of what is being done to recover the misspent funds.

Ethics Forms -- the Evans way

2009-08-21T09:20:00.002-04:00

The Parking Authority members should perhaps take a lesson from Planning Commission Member James E. Evans. He filed his Statement of Financial Interests on March 9, 2009, almost two months before the deadline.

Evans’ filing (item 10) states that he has no “direct or indirect sources of income.” Also, to item 13, requiring disclosure of “office, directorship or employment in any business” he writes “Managing Director of Non-Profit 501-3c” [sic].

According to records of the Pennsylvania Corporation Bureau, Evans is the President of two business corporations: Evans Management Group, Inc. and St. Peter’s Management Corporation, Inc. Both those companies’ addresses are 2 Emmett Street, Evans’ residence; the other listed officers are Evans’ family members. Neither of the companies is mentioned in Evans’ financial interests filing.

Publicly available non-profit filings of Federal Forms 990 for St. Peter’s Housing Development Corporation, Inc. and Church Housing Corp of Phoenixville show that in the years 2005–2007 they paid over $800,000 to St. Peter’s Management Corporation, Inc. Other filings show that Evans received a salary from that company.

Evans’ financial interest filing is for 2008, and the 990s for 2008 are not yet on line. So perhaps the management fee payments and Evans’ salary situation are different from those reported on the earlier 990s, though it seems that he was the President of the two for-profit companies in 2008.

Parking Authority Majority: We don't need no steenking ethics forms

2009-08-20T11:18:00.004-04:00

The files of the Phoenixville Borough Secretary show that as of August 20th a majority of the five members of the Parking Authority (Messrs. Friday, Cummins, and Abbott) have failed to file their Statements of Financial Interest as required by Pennsylvania’s Ethics Law. And, not surprisingly, there is no filing for the Authority’s Director, Barry Cassidy. The filing deadline was May 1st.

The pertinent parts of the Ethics Act state:

65 Pa.C.S. §1104(d) Failure to file required statement.--No public official shall be allowed to take the oath of office or enter or continue upon his duties, nor shall he receive compensation from public funds, unless he has filed a statement of financial interests as required by this chapter.

65 Pa.C.S. §1109(b) Financial interests statement violation.--Any person who violates the provisions of section 1103(d) through (j), 1104 (relating to statement of financial interests required to be filed) or 1105(a) (relating to statement of financial interests) commits a misdemeanor and shall, upon conviction, be sentenced to pay a fine of not more than $1,000 or to imprisonment for not more than one year, or both.

Something to think about as Borough Council moves to blindly guarantee the Authority’s borrowing.

A Friday quotable

2009-07-31T11:10:00.004-04:00

Just a short excerpt from a biographic blog entry by Phoenixville Parking Authority member David Friday on a Temple University blog:

“I serve on the board of administration for the Phoenixville Parking Authority (real f------g fun).”

To see the full entry, go here and scroll down to David F's posting of 6/19/2008.

I am sure that the residents of the Borough will be thrilled to know how much fun you are having in public service and how well you are able to express yourself.

Update: Since the original posting of this blog entry, Mr. Friday has replaced his entry with something even more offensive at the same location.

Mr. Friday's original posting was as follows (emphasis supplied):

I loved my time at Temple University. I think in college you get out what you put into it. I've read some other reviews and I respect their experiences but my honest opinion is that maybe they didn't apply themselves to the experience of college. I mean, some people take things way to serious. And listen, college is a serious time when you should focus in on what you want to do in your future (aka - the rest of your life).

Having said all of that, I don't know about you folks but I have lived a serious number of years (41 to be exact) and I still don't know what the hell I want to do for the rest of my life. I travel in my full time job selling building materials to lumber yards and hardware stores, I serve on the board of administration for the Phoenixville Parking Authority (real f......g fun), and I own a retail store called Hipster Home (as many of you know by now). Oh, and did I mention I have a BS in Exercise Physiology and worked in Cardio/Pulmonary Rehab for 8 years (ugh). So you can definitely see how all the dots connect (NOT). I mean you can't be all over the board any more than I am and I know I am not alone. But currently my main focus is on our store and making it successful.

So what the hell does this have to do with TU. Well, like I said, way to many people take their time in college waaaaaaaay too serious. I think that college is learning about people, friendships, hardships, growth, scholastics (had to throw that in), living with other people, social life, decision making, etc. and then having to prioritize all of that so that you accomplish your goal of getting out with a degree. That is unless your in med school or law school.

But honestly, ask any adult that went to college to study and I bet that most of the folks do not work in the field of their original study. They have probably worked in 3 or 4 different fields and are still seeking more. The final point is that college is about learning about yourself and what you need to do to accomplish any goals you have in life. Whether it be in sales, nursing, physiology, teaching, art, homemaker.... Enjoy your times and don't let those things you can't control take over and control you. Temple taught me all of that and the realization that I am always learning and willing to learn. Do I get graded on this because I still think there is a paper I have that is past due from my English Lit class since '91 (what was that professors name again)?

Who has seen the wind?

2009-06-23T13:51:00.001-04:00

In a news item from Wind Gap, PA, the Washington Post reports that a township supervisor passed out a public meeting. Turns out that he was drunk and was therefore cited for public intoxication.

Having passed out at the meeting, at least the supervisor did no public harm.

Anyone want to contribute to libations for Phoenixville’s Council? Meeting (cocktails?) tonight at 7 PM.

If they have enough, perhaps Phoenixville will experience a gap in its governmental wind.

Parking Authority's Proposal

2009-03-30T10:08:00.002-04:00

The following is a letter that I sent today to the Members of Phoenixville's Borough Council.

March 30, 2009

Dear Council Members:

I write with regard to the proposal presented to Council on behalf of the Phoenixville Parking Authority at last Tuesday’s meeting.

In my view, the proposal is totally lacking in necessary specifics. At the same time the proposal advocates what amounts to not only a carte blanche financial guarantee from the Borough, but also a scheme to hide the current costs, keeping them off the Borough’s financial statements and outside of the Borough’s control. Acceptance of this proposal by Council would be the height of irresponsibility.

The financial guarantee is accomplished by the artifice of having the Borough transfer ownership of the Prospect Street lot to the Authority, so that the Authority can collateralize (mortgage) that property. (Note that this is the only lot which the Authority wishes to own. It is satisfied to lease the rest.) Although the proposed transfer and collateralization is not stated as being a Borough guarantee of the Authority’s debt, it is a guarantee in its effect.

The only source of repayment of the proposed loan (or any other debt or expense of the Authority) is the Authority’s revenues. The Authority has not said how much of a loan it is seeking, what repayment terms it anticipates, or how the loan funds will be used. It has not presented any estimate of revenues or expenses, or any explanatory narrative of how the estimates were constructed. Thus, there is no way to evaluate whether the Authority will be able to repay whatever it may borrow against the Prospect Street lot. Further, once the lot is transferred to the Authority, the Borough has no control over the loan transaction, just as it has no control over the Authority’s other financial affairs.

If the Authority is unable to repay the loan, the Borough will be faced with the alternative of repaying the loan (to maintain public ownership) or allowing the creditor to foreclose on the lot and sell it. The Borough may in effect be forced to repurchase its own parking lot. Since the loan transaction is not within the Borough’s control, this is actually worse for the Borough than an ordinary loan guarantee. In an ordinary guarantee, the Borough would have to specifically enact the guarantee and would thus have the opportunity to exercise control over the risk to taxpayer funds.

The lack of any financial estimates underlying any of the proposal is profoundly distressing. The Authority proposes to assume operating responsibility for the lots, but says nothing about what it thinks the costs will be or what revenues it expects to be able to achieve to cover those costs. Amazingly, the Authority proposes that it will develop its budgets only after the “disposition of the existing lots is ascertained.” That is just the wrong sequence for any sort of a business plan.

(As an aside, the Authority proposes to carry out many of its lot maintenance responsibilities by contracting with the Borough. This is little more than a bureaucratic soixante-neuf: ugly and devoid of redeeming social value.)

Another example of the superficiality of the proposal is the reference to establishing a two-hour nonmetered zone on Bridge Street, enforced by chalking tires. One needs to go no further than West Chester to discover that there are actually handheld electronic devices that allow a parking enforcement officer to record the plate number of parked vehicles in such nonmetered zones, along with the time, so that enforcement can be done in an accurate and trackable manner.

I am frankly at a loss to understand how the Authority, whose members I understand to be persons with business experience, could forward this proposal. Council should demand that the Authority propose meaningful specifics before Council undertakes any review, much less any action, on an Authority proposal. The purpose of the Authority was, after all, to get parking matters into the hands of people with the expertise (hah!) and time to work out the details.

A missed opportunity

2009-03-26T12:08:00.002-04:00

Take a look at this picture (from the New York Times) of Fresno, California.

PPG could have done this for the steel site, if only we had let them.

Borough Hall to be relocated

2009-01-23T07:53:00.003-05:00

If you missed this news, look here.

(Just kidding, of course.)

Back to being a tout

2009-01-17T06:20:00.003-05:00

The publisher of the Phoenix has apologized (as he should) for the shabby piece about the late Spiedie Bistro.

The publisher then continues to reaffrm the paper's role as a promoter of business in town. (He knows who pays his way.)

What about being a newspaper -- you know, printing timely and accurate accounts of local events of importance?

In the chamber pot

2009-01-16T14:25:00.010-05:00

OK, Spiedie Bistro goes out of business. The Phoenix, well known for its several Pultizer prizes for standardless journalism posts a picture of the now defunct eatery with a snide caption. Exit stage right.

Enter stage left and move to center stage the President of the Phoenixville Regional Chamber. When The Phoenix ran a front page advertisement March 7, 2008 (oops, they pretended it was a news item) touting the bistro's grand opening, the Chamber President had no criticism. Now, however, he writes a letter to the editor taking umbrage at the paper's treatment of the business.

He then proceeds to take a pot shot at the paper for the value (if any remains) of its parent company's stock and finally asks "when your number is up, who's going to dance on your grave?"

The only question is who's behavior is worse, the paper's or the Chamber's?

The curtain descends, to a funeral march.

Cash strapped developer finds religion

2009-01-16T10:14:00.006-05:00

In the wake of the financial challenges faced by the Delta Organization, its head, Walt Logan, has turned to G-d.

Click here to read Walt’s article of faith.

Phoenixville's web site -- errors and omissions

2009-01-12T11:44:00.002-05:00

The Borough's website continues its tradition of being incomplete and just plain wrong.

Although the 2009 proposed budget was eventually posted (last year), now that a budget actually has been approved, it has vanished from sight.

The "Agendas and Meetings" page states the Council meeting schedule incorrectly as being "the first Tuesday after the second Monday," even though Council has changed it to be simply the second Tuesday.

Anonymous sources

2008-12-02T05:39:00.003-05:00

Skip Lawrence's December 1st blog entry, entitled "Free Speech and Patience" (link here), quotes, without attribution, a 'fictional Presidential speech.'

For those of you who learned to actually cite your quotes, the source of Mr. Lawrence's quotation is the fictional President Andrew Shepherd in "The American President."

For those of you who may quote Mr. Lawrence in the future, be sure to give him the courtesy of properly attributing the quote to him. If you don't, someone may think it is your own writing and you will surely be embarrassed.

Parking -- West Chester style

2008-11-25T07:31:00.006-05:00

An article in the Daily Local News of November 25, 2008 notes that West Chester intends to lease parking spaces in its newly-planned garage to companies that wish to reserve the spaces.

According to the DLN, West Chester Borough Manager McNeely states that the cost per space will be $20K-$27K and that a lessee will need to commit to paying off that cost over the term of the construction bonds, 20-30 years. The contribution to operating costs is extra.

At a 4% interest rate and a 20-year term, the basic monthly payment per space would be $121.20--163.61 (principal and interest, like your mortgage).

The Phoenixville Parking Authority (you remember them, don't you) needs to evaluate how many Phoenixville businesses are willing and able to make that commitment to solve the downtown parking 'crisis.'

Ze budget ...ze budget

2008-11-17T16:46:00.007-05:00

The Borough now has the proposed 2009 budget on its website.

Unfortunately, the 'official' version, while it includes the 2008 data, does not show any comparisons.

An annotated set of the budget financial data (with comparisons to 2008) appears here. Several sheets of analyses appear here. There is also an analysis of the proposed staffing increases here.

Doing another line of Krack

2008-11-17T07:07:00.004-05:00

Borough Manager E. Jean Krack's "Budget Address" to the Council concludes with the following sentence:

"I ask that Council consider a financial committee or sub-committee of three council persons willing to meet with Mr. Nease and me once a month to provide Council with an accurate update and ability to adjust to any significant trends."

What has prevented the Manager and the Finance Director from providing "accurate updates" at the monthly meetings of the Council's existing Finance Committee?

The Law of Averages

2008-11-15T19:02:00.001-05:00

According to the 2009 Proposed Phoenixville Borough Budget, the average borough personnel costs (salary plus benefits) per full-time-equivalent employee are:

All General Fund Departments $87,859

Executive Department $77,781

Finance Department $67,900

Public Works Department $92,182

Police Department $101,897

Codes Department $60,127

Crossing Guards $95,198

Streets Department $81,266

Recreation Department $49,952.98

Water Treatment Department $85,369

Water Distribution Department $75,675

Waste Water Treatment Department $89,272

2009 Budget Continued

2008-11-14T11:50:00.006-05:00

Comments on the recreation budget and some more about the general fund are linked here.

I have heard that some members of the staff and of the council have expressed concern that I have been able to comment on the budget – a ‘privilege’ not afforded the general public.

My response: I have not commented on any material that was not publicly discussed at the November 3, 2008 council meeting. I addressed my letter to the council members, not the general public. I did not make the letter publicly available until I heard of the above-noted ‘concerns.’ Lastly, public comment on the affairs of government is not a privilege, it is a right. Any public official, elected or appointed, who cannot respect that right needs to leave his public position immediately.

From PASD-world, home of the 'voluntary resignation'

2008-11-13T16:38:00.004-05:00

The separation agreement for former PASD Superintendant Dr. Schwab appears here.

Anyone who believes that it takes two teams of lawyers and nine pages of text to accomplish a 'voluntary resignation' should be required to repeat the third grade.

And now, for something completely budgetary

2008-11-13T08:09:00.004-05:00

The recent proposed 2009 budget presented by Borough staff on November 3rd calls for a $50K increase in the salaries and wages line in the executive department -- an increase of about 30%.

A link to my letter to Council regarding the budget, along with a set of budget documents, can be found here. (With apologies for the several typos.)

Cafe Wagner Menu

2008-10-29T08:59:00.002-04:00

The Cafe Wagner and its chef Jean Krack present for your enjoyment

Budget a la Nutter

the new publicly invisible budget, for councilmembers' eyes only.

And there's sure to be a surprise once you look inside.

Case of Buckwalter v. Borough of Phoenixville

2008-09-12T07:51:00.003-04:00

A compendium of the principal filings in this case is available at this link. These papers tell the whole story of the case to the point at which the Pennsylvania Supreme Court decided to hear this appeal.

I am posting this just for reference, not for comment.

This is your Borough on Krack

2008-08-16T11:53:00.004-04:00

The Phoenix reports Borough Manager Krack’s thoughts on streamlining the Planning Commission’s operations. For the article, click here.

So, Council is concerned about its ‘relationship’ with the Planning Commission. (Translation: the PC doesn’t always do what Council’s leadership wants, forcing Council to actually take on the issue and responsibility itself.)

So, PC Member Evans is in favor of curtailing public participation in the PC’s meetings. (Translation: if Evans can’t get everyone he has herded to the meeting to speak into the microphone, no one else should get to speak at all.)

So, Borough Manager Krack wants to ‘shortcut’ things, based on his seven years’ experience in Coatesville. (Translation: Council wants to create a back channel to exercise control over the PC and curtail its independence.)

OK, Council should just eliminate the PC and do the job itself. To paraphrase Woody Allen, they’ll be doing the job with people they love.

The machinery will surely run better with fewer moving parts.

Then Council President Wagner will have surpassed the accomplishments of his predecessor, John “I Can Deliver” Messina.

And Borough Manager Krack will have taken another step in moving Phoenixville toward the greatness of Coatesville.

$74,000 for fundraising supplies

2008-08-12T07:18:00.002-04:00

According to the CDC’s Form 990, in the 2006-2007 fiscal year, it received income of $306K: $39K of direct public support ($37.5K of which was from a single source, the Phoenixville Community Health Foundation), $227K of government grants, and $40K from special events.

It spent $276K: $43K for program services, $159K for management and general expenses, and $74K for fundraising supplies.

$74K for fundraising supplies for an entity that gets virtually all its support from the PCHF, the Borough, and the Commonwealth of Pennsylvania?

Council bliss -- July 28

2008-08-07T13:16:00.002-04:00

On Monday, July 28, 2008, Borough Council held a public hearing regarding a grant application for $250,00 for a revolving loan fund.

After that hearing, at which no one spoke, the Council tabled the vote on the matter. Seems that neither the Council members nor the Borough Manager actually had any papers or solid information about the grant application.

Since the matter had been advertised for a public hearing back on July 17th, you might think that somebody in the Borough government would actually know what it was all about. Perhaps the Manager, who presumably arranged for the advertising, could have informed himself. Maybe he could then have passed the information on to Council. Is that too much to expect?

Instead, the Manager and Council simply moved forward with a public hearing despite their own virtually total ignorance.

What sort of public hearing input were they expecting? Was it a genuine effort to accept public comment?

I suppose we should be thankful that they didn’t vote on something on which they were admittedly uninformed.

What the CDC got

2008-08-04T23:48:00.004-04:00

In answer to a question raised to an earlier post:

According to the Main Street CDC’s 990s, it received the following in public support and government contributions from January 2003 through June 2006. The CDC’s 990 for July 2006–June 2007 is not yet on Guidestar.

Year /Period ...Public support ........Government contributions
2003.....................$64,780 ....................$50,000
2004 ....................$45,615 ....................$65,000
1/05-6/05 ..............$4,821 ....................$56,667
7/05-6/06.............$90,139 ....................$95,000

Totals .................$205,355 ..................$266,667

Go to Guidestar to get the full reports of the Main Street CDC, PCHF, etc.

Drink tax for Phoenixville--not quite

2008-08-04T16:26:00.004-04:00

Councilman Buckwalter suggests that we investigate an alcoholic beverage tax, modeled after the recently introduced tax in Allegheny County, as part of the Borough's revenue -raising portfolio.

The Allegheny County tax is imposed under authority of Act 44 of 2007, which added 53 Pa.C.S. Sections 8601 and 8602 to state law. (Look here, go down to 53 Pa.C.S.A., and keep opening nodes till you get there.)

Some problems exist in trying to apply this law to Phoenixville:

Phoenixville is not a county of the second class. Last I looked, Phoenixville isn't even a county.

The alcoholic beverage tax must be applied to support transit systems. So, are we now going to build a Phoenixville transit system?

To your health!

2008-08-04T15:32:00.001-04:00

According to the Phoenixville Community Health Foundation’s 990 filings, it gave grants to the Main Street CDC of $30,000 in FY 04-05, $77,500 in FY 05-06, and $37,500 in FY 06-07, for a total of $145,00 in those three years.

PCHF’s FY 06-07 filing also reports approval of a future grant of $75,000 to the CDC. Since the reporting period ended June 30, 2007, more than a year ago, one might suppose that this ‘future’ grant has already been paid.

So, it would seem that the CDC got $220,000 from the PCHF. Don’t you now feel so much healthier.

Not to mention $333,333 of Borough funds on top of the $220,000.

The right idea

2008-08-03T08:19:00.001-04:00

Lifted from an anonymous comment on Councilman Senley's blog:

Some things to consider:
(1) Should the CDC contract be renewed at all?
(2) Should the CDC contract be renewed independent of the 2009 budget process?
(3) Should the CDC contract be renewed at an increased rate?
(4) Should the term of a new CDC contract be 5 years?
(5) What services will the CDC provide to the Borough if the CDC contract is renewed? Are those services necessary?
(6) Can grants be obtained to fund any of the cost of the CDC contract?
(7) What services provided under the CDC contract can or should be done by Borough staff?
(8) Are there merchant or business organizations willing and able to provide any of the services provided under the CDC contract?
(9) Are all of the CDC's operating costs and expenses paid from the base contract amount? Does the Borough incur any additional costs like filing fees, travel expenses, etc.?

The CDC Director weighs in on his own conduct

2008-07-24T09:12:00.004-04:00

Just an short excerpt from Mr. Cassidy's "shrimp boiled in beer" posing of July 24, 2008:

it was not without controversy and problems. some contractor whistled the three stooges theme every time i walked by his site for about a week...i did nothing and kept moving but them it got too much when they yelled stuff like is he a boy or girl...hey honey. i did confront...got a little verbal with him and he made a mistake in throwing a punch which hit me in the forehead...i hit him in the stomach and he doubled over...his workers were stunned...they just sat there and looked with their mouths open because this guy had a big bark...hit him in the nose with my knee when he was doubled over and whipped out my member and pissed in him. told him to notice i did not have to squat.

To read it all, go here

An 'authoritative' hour

2008-07-10T12:44:00.004-04:00

The newly-created Phoenixville Parking Authority held its initial meeting Wednesday evening, July 9th. The five Authority members were joined by Borough Manager Krack and CDC Director Cassidy.

The one-hour meeting proceeded in a measured and businesslike manner. After introductions of the members, the discussion moved to a review of the 2004 “Parking Study Report,” Borough parking issues generally, on-street and off-street parking, downtown and neighborhood parking issues, and a possible parking garage. The Authority also plans more frequent future meetings and the active solicitation of public input. The members noted that, somewhat to their surprise, their task included all parking in the Borough, not just the downtown.

The funding sources for a downtown garage include potential federal, state, and county grants totaling $7.8–$8 million, according to Cassidy. Also, he suggested that a private donation of the land for a garage may be in the offing. The value of that donation would be used as the local match.

The Authority appears to realize that it has no current Borough appropriation or staff and that it will need to develop its own funding ability.

Anyone wanting an emailed mostly-complete copy of the 2004 parking study can email me at

morechickencacciatore@yahoo.com

Please put “parking study” in the subject line.

The urge to be urgent

2008-06-04T08:42:00.001-04:00

Skip Lawrence suggests in his recent column that the Council should rapidly approve $5,000 toward the costs of moving the “Phoenix Pherris” wheel from Asbury Park to Kimberton for restoration. His reason for the supposed urgency: “there might just be other bidders for purchase.”

Of course, neither Mr. Lawrence nor anyone else suggests that there are really any other competing buyers. Nor does he enlighten us on how long the wheel has lain disused and rusting on the ground in Asbury Park. But, merely the imagined possibility of another buyer makes this an urgent decision, one for which time must be ‘compressed’ and, thus, judgment suspended.

Ms. Cohen told Council that the total project cost was about $152,000: $50,000 for the purchase, the rest for transportation and restoration. She also advised that she had a commitment for $25,000 toward the purchase price and that the seller was allowing the purchasers eighteen months to come up with the $25,000 balance.

One might well ask what competition there is to buy the wheel if the seller is willing to defer half the price for a year and a half interest-free.

One might also ask why Ms. Cohen wants or needs to move the wheel before it's been paid for. Is it her plan to refurbish the wheel first, before it’s fully paid, just to create more intense pressure to provide funding of the purchase price?

Has Ms. Cohen suggested where the wheel will go when it’s done? On whose land? Who will own it, secure it, maintain it? Until there is a more complete and coherent plan, there is no public urgency at all.

Oh council

2008-05-29T09:14:00.004-04:00

With apologies to Walt Whitman

Oh Council, my Council, the meeting’s nearly done
Agenda long and tedious, and midnight’s almost come
The end is clear, adjournment near, the video is ending
Members clear out to go on home, it is too late for drinking

But oh town! Town! Town!
Oh precious burg of mine
The new motions that they have passed
Will haunt us for all time

Oh Council, my Council, rise up and do your jobs
Put on a tie and suit jacket and try not to be slobs
For you the public did elect, for government they’re yearning
But you’re not paid a salary, and nought you full are earning

Hear Council, our Council
This town around you sits
While you stay here and legislate
In awful starts and fits

My Council does not answer, it remains pale and still
My Council does not feel my vote, perhaps it never will
The Borough’s headed for the rocks, the Council couldn’t care
The Council presses claptrap, of facts it’s unaware

Arise arise oh public
And call your councilmen
Or else our Borough all too soon
Will sink into the fen

Hope for council

2008-05-29T09:00:00.004-04:00

"Monkeys Think, Moving Artificial Arm as Own" -- headline in The New York Times, May 29th.

Feenick's Wocky

2008-05-15T14:54:00.003-04:00

With apologies to Lewis Carroll

In Feenick’s Ville the slithy toves
Do gyre and gimble down Bridge Street
Out before the sea-di-sea
With pony tails replete

Beware the kas-e-dee my son
The pen that writes initials bad
Beware the skip-er-do’s reports
That obscure the facts so sad

He took the Phoenix in his hand
Hard with it he batted back
He blogged a bit for some relief
And watched the mural crack

And as in drunken daze he stood
Outside his fav’rite Bridge Street bar
Authority came upon him quick
“Garage for parking cars!”

One two one two and through and through
A fan that heats and then ignites
A house or two go up in smoke
Such things do give us frights

And has thou managed yet to get
All Feenick’s Ville’s good public dough
Oh frabjous day, Calloh Callay
They are such fools you know

$35,196.69 per space

2008-05-09T07:24:00.002-04:00

The Philadelphia Inquirer reports on May 9th that the new garage at Main and Cherry Streets in Norristown has 483 spaces and cost $17 million.

You are welcome to check my math.

A job for NASA

2008-05-08T12:05:00.003-04:00

Anecdotal evidence suggests that on Friday and Saturday nights there's a wait for tables at both Molly's and Iron Hill.

My conclusion is that there's no parking problem, but rather a restaurant seating problem.

To that end, I propose that Council immediately form a Neighborhood Alehouse Seating Authority to address the root cause of this problem. I'm sure that the authority members will find a way to publicly fund a solution.

Leading by example

2008-05-04T20:19:00.002-04:00

In Phoenixville government, that would be by bad example.

The State Ethics Act requires that public officials and certain public employees file a publicly available "Statement of Financial Affairs" with the Borough Secretary by May 1 of each year.

Neither Council President Wagner nor Acting Borough Manger Watson have filed theirs.

Mr. Wagner didn't file last year's statement either.

The State Ethics Act provides that "no public official shall be allowed to take the oath of office or enter or continue upon his duties, nor shall he receive compensation from public funds, unless he has filed a statement of financial interests as required by this chapter."

Dive right in

2008-05-02T14:25:00.003-04:00

If you haven't yet discovered the Diving Cat Studio at 246 Bridge Street, you need to get hoppin' (or is it divin').

It's a place that will put a smile to the face of a curmudgeon (a type of salamander, I am told).

Anyway, I picked up a wonderful gift there this afternoon for my Mom.

Really a unique selection of craft items and full of customers in the middle of the afternoon.

For their website, click here.

Every circus needs a sideshow

2008-05-01T14:30:00.002-04:00

Word has it that Mayor Scoda signed the Parking Authority Ordinance on April 29th.

Now that Council has solved its parking problem, let's see what the Authority does.

Don't forget, every circus also has someone walking behind the elephants, carrying a shovel. Sound like the citizens to you?

An incoherent truth?

2008-04-22T12:56:00.001-04:00

“The comments and posts on The Phoenix Files do necessisarily represents the thoughts or feelings of The Phoenix and/or PhoenixvilleNews.com ownership or management.”

taken verbatim from The Phoenix Files.

Phoenixville -- deprived again

2008-04-19T08:11:00.002-04:00

ARRRRGGGGHHHH!
No, this is not write like a silly editor day. But with Barack Obama scheduled to appear at the Paoli and Downingtown train stations today, I expect the Editor of The Phoenix will write something like this:

Are you frustrated that Phoenixville is having another brush with presidential politics that is ending up with, again, a candidate ALMOST coming to Phoenixville.

Okay, it was great that Barack Obama will appear today at the Paoli and Downingtown train stations.

But he should have come here! What stopped him?

A TRAIN STATION, or, rather, reportedly, the lack of one.

Local gossip Dementia Blabberer said that she heard from the cousin of a great-aunt of a daughter-in-law of a friend of an Obama campaign worker that Obama was originally scheduled to ride the Schuylkill Valley Metro to Phoenixville, but changed plans when the campaign discovered that it didn't exist.

No, I'm not saying that we should build a multi-million dollar rail line just for an occasional campaign stop by a political candidate, but it is certainly as good an economic justification as anything else that's been put forward.

Lack of train service in Phoenixville can be an extreme inconvenience.

Phoenixville can use some good publicity and it's sad that yet another chance for a quick headline in the dying local paper is gone, perhaps forever.

But the train problem is more enduring and has broader implications than the occasional loss of bright opportunities like these.

Without a train line, it’s impossible to measure just how many people live on the right side of the tracks. But it’s known that some people do, because they tell us so.

That means lost status and self-esteem, sometimes not just for a day, but permanently.

I don't know whether Phoenixville should establish a Transportation Authority to handle the problem, or just set up a Transportation Department along with other borough offices. I’ve heard arguments on both sides.

But SOMEBODY needs to start building a train station downtown, or close to it, and soon. For special events at the high school or Reeves Park, organizers could set up a shuttle service using tumbrels, which is way easier to do from one central location like a train station.

'nuf said.

Clamor yes; answers, no.

2008-04-15T06:57:00.004-04:00

“For Phoenixville pride, and for Phoenixville pocketbooks: Push Parking!”–Patricia Matson of The Phoenix.

I am reminded of the quote that ran in The Phoenix May 10, 2007:

“ ‘Get us our garage ...’ said Ken Beard of Jaworski’s Music.”

What I suggested to Mr. Beard at that time is reproduced below. Not Mr. Beard, Ms. Matson, Mr. Lawrence, nor anyone on the Council or the CDC has yet put forward in public any answers.

Dear Mr. Beard:

Thank you for your order to Garages ‘R Us. In order for us to process your order, please fill in the following information in our order form:

1. Size of garage (number of spaces): _________

2. Price per space: ____________

3. Base construction cost (1 x 2) = ___________

4. Land acquisition cost: ____________

5. Administration, miscellaneous costs: ________

6. Total price (3 + 4 + 5): ________________

7. How will you be paying for your new garage:_________________ (i.e., cash, credit, yours or someone else’s).

8. Will parking be free or will a parking fee be charged? _____

9. Estimated fee ___________, estimated occupancy ________, estimated fees collected (per month or year) _______________.

10. What are the estimated operating costs for your new garage: _______________/year.

11. How will you pay the operating costs: _______________

12. If you are financing your garage, what are the estimated payments (principal and interest) per year: _______________

13. How will you pay the principal and interest: _________________

14. Do the estimated fees cover the estimated operating, capital, and financing costs?

We look forward to receiving your completed order.

Cordially,

Garages ‘R Us

What is cheaper than The Phoenix?

2008-04-08T10:57:00.003-04:00

Looking for something cheaper than The Phoenix.

Try stock in the Journal Register Company, which owns The Phoenix.

Trading at $0.24 this morning (April 8th, 2008).

Phebruary in Phoenixville

2008-04-02T11:28:00.003-04:00

Go to the Borough's OFFICIAL website.

Click on "Calendar."

Yes, it's still Phebruary in Phoenixville.

Ever wonder what year it might be?

No meeting minutes yet, but the all important Easter Egg hunt is still on for March 15th. (Oops, it's April 2.)

Klaatu barada nikto

2008-03-20T09:40:00.003-04:00

Go to Phoenixville's homepage.

Click on "calendar."

Watch February's calendar appear.

Remind yourself that it's March 20th.

I can't wait for the saucer to land in Reeves Park.

Gort, where are you now that we need you?

Ignorance is no excuse

2008-03-16T20:13:00.004-04:00

Willful ignorance is even less of an excuse.

Other than Councilman Buckwalter, who has attended numerous courses and has been designated as a Certified Borough Official, have any of the present Council Members, either newly-elected or incumbent, ever taken any of the courses to inform themselves about their responsibilities as Borough officials?

For $150 and two days of their precious time, Council Members could have taken the "Newly Elected Borough Officials" course, which was offered on February 15th and 16th in Media or March 7th and 8th in Fort Washington.

Ask your Council Member what he has done to learn about what he ought to be doing.

Ask your Council Member exactly how much longer he intends to remain willfully ignorant about the job to which you elected him.

Give us a reason. . . how about a good reason

2008-03-16T13:32:00.005-04:00

It's March 16th. The Borough's now-official website still doesn't carry a single set of minutes for this year.

There must certainly be a reason.

The problem is that there's no good reason.

Why should Phoenixville tolerate more government in secret?

There is, however, a link to a really important piece of government business: an Easter egg hunt.

Call your Council Member

Henry Wagner (Council President) 484-363-4956
Michael Handwerk (Assistant Borough Secretary) 610-933-0309
Carlos Ciruelos 610-415-1370
Michael Speck 610-933-5499
Richard Kirkner (Council Vice President) 610-935-1397
Jeffrey Senley 610-935-2227
David Gill 610-935-1198
Kendrick Buckwalter 610-933-8106

Icon to icon

2008-02-29T12:54:00.001-05:00

Do you think the Vale Rio would fit inside the Foundry?

Seriously.

The delivery boy is back

2008-02-18T12:08:00.004-05:00

Wondering why Councilman Kirkner and his cronies felt such an urgent need to appoint the defeated John Messina to the Planning Commission?

For those with very short memories, I’ve reproduced below an excerpt from a November 2, 2005 article in The Phoenix, followed by an excerpt from the affidavit of PPG’s estimable facilitator John M. MacPhee.

Was the real purpose of the appointment to put Messina back in a position in which his fund-raising potential would be re-vitalized?

Half D’s funds from PPG
By BILL RETTEW JR.
11/02/2005

Employees of the steel site developer, Phoenix Property Group (PPG), made half of all campaign contributions received by the Phoenixville Democratic Party between June 7 and Oct. 24, according to campaign finance reports issued by the Chester County Voter Services.
*
*
*
John Messina, Democratic Committee Chair, borough council member and chair of the borough planning commission, said that he saw no problem with the PPG contributions and said that he had solicited the builder to donate to local Democrats. “No, I sent out about 40 requests for contributions and that's what I got back,” said Messina.

John MacPhee, of PPG, said that a request was made and in turn Delta/PPG made the contributions.

“I don't believe it gives us favoritism,” said MacPhee.

Affidavit of John M. MacPhee, March 8, 2007

“This can get done. I will deliver.”–John Messina, January 2006, after discussions throughout November and December 2005, as quoted by John MacPhee in MacPhee’s affidavit.

How many sides in a Council President's mouth?

2008-02-15T08:41:00.004-05:00

Council President Wagner is quoted in Friday's Phoenix as having been in favor of interviewing planning commission candidates before Council made an appointment.

Please, Mr. Wagner, if that is what you favor, why then did you vote for an appointment before the interviews?

All the Council Members who pretend to favor interviews first but voted anyway to appoint should answer the same question.

If this is the way that Council is going to treat the planning commission, why not just abolish the commission and have Council take over the planning task directly?

PS. What makes Mr. Messina think that a planning commission appointment can be rescinded by Council? Aren't members appointed for a term, not at Council's pleasure (whim)? Messina needs to resign, so Council can fill the vacancy.

For a musical tribute to Council, click here.

"Present" indeed

2008-02-13T13:51:00.003-05:00

On the motion to appoint John Messina to the Planning Commission, Councilman Speck voted a decisive "present."

“The hottest places in hell are reserved for those who, in a time of moral crisis, remain neutral.” -- Dante Alighieri

Semper fry.

Voters -- we don't need no stinking voters

2008-02-06T08:48:00.001-05:00

It’s been just months since the North Ward voters wisely decided to dismiss their backroom-dealing secret-memo-writing budget-hiding council representative.

And now, comes Councilman Kirkner, accomplice in last year’s ‘let’s hide the budget till after the election’ fiasco, pressing to put John Messina back on the planning commission.

The prime accomplishment of Mr. Messina’s tenure on the planning commission is right in the middle of the Borough: the steel site wasteland. For years Messina and those who misguidedly followed his lead promoted the PPG/Delta charlatans in their so-called development efforts.

The steel site remains a disaster. There are millions of dollars in judgments against PPG/Delta.

If you doubt Messina’s role in this, just read what John MacFee says in his sworn affidavit.

Kirkner is wrong, dead wrong. We do need voters. And we need to listen to the voters.

What we do not need is to restore the appearance of impropriety to the planning commission. We do not need the ‘services’ of John Messina.

Where's Wagner?

2008-01-08T07:22:00.001-05:00

To get the contact information for Middle Ward Council Member Henry Wagner, our new Council President, click here, but don't be surprised at what you get.

Phoenixville's website

2008-01-07T15:40:00.000-05:00

Dear Councilman Handwerk:

Since you have expressed a concern about the contents of the Borough’s website, may I suggest a few areas that merit further attention.

1. Is this an official website of Phoenixville and, if so, who is responsible for its content?

2. The other Council Member from the Middle Ward has no contact information posted.

3. The most recent Borough Council minutes are those for August 29, 2007. I believe that there have been Council meetings since then, with minutes being produced.

4. The site links to the Proposed 2008 Budget, although the actual budget, which is difference, was approved last month.

5. The website states that “Our goal is to keep the community up to date with important information associated with the Government of the Borough.” To whom does the pronoun “our” refer and what steps will you put in place toward the achievement of the stated goal?

The train study proposal.

2007-12-08T18:26:00.001-05:00

Thanks to an anonymous contributor, here is the current train study proposal.

(I regret that the proposal, which had been posted earlier, is now gone. Sorry, not my doing. The link is now gone.)

Getting on track

2007-12-06T13:13:00.000-05:00

Some details that I think need to be addressed regarding the potential Phoenixville–Great Valley train line:

Is the plan to run just between Phoenixville and Great Valley, or to have a connection to the R5 line?

Where will the stations in Phoenixville, Great Valley, and elsewhere be located?

What is the projected service area at each end or station (i.e., from what distance around each station are riders expected to originate or end their trips)?

How are riders at each station expected to travel between the station and their ultimate starting or ending points?

Who (i.e., what entity) will operate the train?

Is the line between Phoenixville and Great Valley single, double, or multiple track? How does that affect operations and schedules?

Is the line between Phoenixville and Great Valley electrified or not?

What sort of rolling stock (cars, locomotives) will be needed, how many of each?

Will the rolling stock be compatible or interchangeable with other commuter lines (such as SEPTA Regional Rail)?

What is the expected ridership, in terms of distinct persons and trips per workday, nonworkday?

What is the projected operating schedule?

What is the projected staffing (positions and numbers of persons in each) to run the train?

Will the existing track need to be rehabilitated? At what cost?

What physical facilities will be needed: stations, parking lots, turnarounds, maintenance yards or sheds, offices, etc.? At what cost?

What are the projected operating costs? To what extent will they be covered by fares?

What are the projected capital costs? What is the source of capital funds? To what extent will the capital costs be covered by fares?

Budget Mysteries

2007-12-01T07:32:00.000-05:00

According to The Phoenix, the scaling up of a rental inspector position from three-quarter time to full time is among the costs that would boost the announced tax increase for 2008.

Why the rental inspector’s costs should have any effect on taxes is a mystery that Council and the Manager should have to explain. Rental inspections are a regulatory program whose costs should be borne by fees imposed on the applicable properties.

In fact, the projected rental license revenue for 2007 is $167,500 and the budgeted amount for 2008 is $167,000, a mere $500 less. Could it be that $167,000 isn’t enough to cover the costs of one full-time inspector? What is the inspector being paid? Go to the first comment for an answer.

Council Member Wagner is right, Council is not micromanaging the budget. In order to micromanage you must first manage.

Borough's proposed 2008 budget

2007-11-16T16:46:00.002-05:00

The proposed 2008 “basic” borough budget calls for a real estate tax increase of 8%, no increase in water or sewer rates, and a slight decrease in the trash fee.
*
*
*
But, the “basic” budget does not include

Budget “B”–“staff recommended budget additions” totaling $3,420,640
Budget “S”–“sponsored items for consideration” totaling $120,500
Budget “C”–“other items for consideration” totaling $1,535,010

In other words, there are still over $5 million in possible outlays awaiting decision.

For some other budget thoughts that I’ve passed on to Council, {sorry, that link is gone now).

The Phoenix "Skips" the News

2007-11-16T09:05:00.000-05:00

Phoenixville's 2008 proposed budget was presented to Council Tuesday night, November 13th.

To read our local paper, The Phoenix, you'd never know that.

Maybe it's because they didn't bother to send a reporter to cover the meeting.

Leaks from the secret budget

2007-11-02T10:51:00.000-04:00

Rumors abound that the Borough is exploring the imposition of a business privilege tax to staunch the expected flow of red ink in the 2008 budget.

Maybe we should try to recall that the Borough once had such a tax.

Maybe Messrs. Messina, Kirkner, and DiGirolomo, our triumvirate of financial whizzers, should try to recall that the Borough's business privilege tax was REPEALED while they were all on Council.

If they try real hard, they might even discover why they repealed it.

Barry Cassidy--Beyond All Bounds

2007-11-02T07:28:00.000-04:00

In his 'Guest Column' in the November 1st Phoenix, Barry Cassidy writes:

"We will be seeking to 'Connect Underutilized Networks of
Transportation' to make sure Norristown is not our window on the world and we connect better with Chester County."

You can't believe that the slogan he chose is an accident.

What is the matter with The Phoenix for publishing this--and as a 'Guest Column' no less?

What is the matter with the Main Street CDC Board for continuing to employ Cassidy?

What is the matter with the Borough Council for empowering this vulgar miscreant to represent our Borough?

Phoenixville phiscal phorecast?

2007-10-30T15:01:00.000-04:00

Proposed county budget
includes no tax increase

–The Daily Local News, October 30, 2007

Wonder why you don’t see the Phoenixville Borough budget yet?

The Phoenix gets one right

2007-10-27T10:17:00.000-04:00

Steel & Slag

from The Phoenix, October 26, 2007

Slag goes to the borough administration for not presenting even preliminary budget estimates at the borough council committees meeting on Monday, despite council’s previous order to do so. Borough Manager Anthony DiGirolomo said that presenting current estimates would only waste time. Is that really his decision to make?

Apparently so, because council made hardly any objection. Slag goes to the seven members who tamely accepted this refusal of their direction, but Steel goes to Kendrick Buckwalter, the councilman who has been pressing to get budget figures sooner, so that there would be sufficient time for debating them and making changes, if necessary.

Happy holiday pay

2007-10-26T15:27:00.000-04:00

Did you know that last November or so, the Borough announced it was changing how it paid police officers’ holiday pay?

Did you know that apparently someone in the Borough administration thinks that the Borough had been overpaying holidays?

Did you know that the police association has filed a grievance on this issue? (Not too surprising, is it?)

If the Borough is wrong, do you have any idea about how much more the Borough will have to pay the police officers?

If the Borough is right, do you have any idea how long it had been paying incorrectly, how much was paid incorrectly, and what plans there are to recover the overpayments?

It’s only our Borough, it’s only our police force, and it’s only our money–why should our Borough government tell us about it?

Help--my budget's fallen and I can't bring it up

2007-10-24T07:44:00.000-04:00

On October 10th the budget preparation was on target for distribution to Council Members on the 19th, according to the Manager.

By October 18th, he announced it had fallen so far behind that it would not be ready until November 9th.

Can anyone offer a rational explanation of how the schedule could slip three weeks over only eight days?

The Boro budget -- a tale of deliberate impotence

2007-10-22T22:50:00.001-04:00

October 9th– Council unanimously directs the Manager to present a draft budget and narrative on October 22nd, with advance distribution to all Council Members on October 19th. Councilman Ciruelos states “This will be a pillar year for the budget. This is the first year of feedback on a different way of allocating funds [in a new budget format adopted for 2007], and it will help to have a little bit of extra time.”

October 10th– Borough Manager DiGirolomo tells The Phoenix “We will be ready. Really, October 22 was the date I was shooting for anyway. [Departmental] managers are sending their material to me now, and I’ve blocked out next week to work with Steve.”

October 22nd– The Manager fails to deliver a budget, stating that it will now be delayed until November 9th. Other than Councilman Buckwalter, who protests, and Councilman Ciruelos, conveniently absent, Council does nothing.

But the Finance Committee did recommend approval of a budget transfer of $8.06 for soap. That's right, $8.06. At least they are keeping the important things in focus.

Revitalization--best practices?

2007-10-15T12:14:00.001-04:00

The New York Times reports on October 14, 2007 about a number of more interesting revitalization projects, among them the conversion of the former “State Lunatic Hospital at Danvers” Massachusetts into luxury residences. Click here.

Makes you wonder what could be done with Phoenixville Borough Hall.

Reading comprehension anyone?

2007-10-15T11:48:00.000-04:00

There was also the reconfirmation of the fourth-quarter trash fee, of $73.50. Council believed that it had in June imposed that amount for both the third and fourth quarters, having effectively budgeted in January a trash fee for the first and second quarters only.

–G. E. “Skip” Lawrence in The Phoenix, October 15, 2007

Councilman Gill made a motion that was seconded by Councilman Ciruelos to approve the 3rd Quarter Trash Fee of $73.50 conditioned on the Solicitor’s Opinion as to the need for a formal resolution. The motion passed 4–1.

–Phoenixville Borough Council Minutes of Meeting of June 25, 2007 (approved August 14, 2007); minute book page 468, as available on the Borough’s unofficial/official website.

Instead of just trying to remember (incorrectly) what they had done, why didn't Councilmembers read their own approved minutes? Isn't that why Council keeps minutes?

Revitalization math -- 2 + 2 = ?

2007-10-07T13:39:00.001-04:00

For a perspective on government tax incentives for business development read this New York Times article of July 31, 2007, entitled

State Warns Companies in Tax Deals

At least it's not Houston

2007-10-07T13:21:00.001-04:00

Two separate headlines that appeared, one after the other, in the October 7th “Local News” section of click2houston.com:

Officials: Middle School Students Caught In Sex Act In Class

Despite Law, Breeders Ignore Permits

The link is here

Revitalization math -- the Schuylkill Metro

2007-10-06T19:41:00.000-04:00

According to the Bureau of Labor Statistics November 14, 2006 news release, the average weekly wage in Chester County was $1,083 in the first quarter of 2006, while in Philadelphia it was $979.

So we want to build a rail line to encourage commuting from Chester County to Philadelphia, in order to earn $104 less a week, not to mention the additional costs, taxes, and time incurred.

Revitalization math -- jobs

2007-10-06T19:40:00.000-04:00

Another justification that is claimed for Borough revitalization investment is the creation of new jobs and the resultant additional employee taxes.

With the unemployment rate for Chester County at 3.5% (Source: BLS Labor Force Data By Counties, 2006 Annual Average), is job creation an issue that really needs to be stressed?

As to tax creation: a single new $40,000 job generates $252 in Borough wage-related taxes, assuming that the employee lives in the Borough and wasn’t employed elsewhere before. And what do the new 'arts and entertainment' jobs really pay? More or less than the first-quarter 2006 average weekly wage of $1,083 in Chester County (Source; BLS Philadelphia News Release November 14, 2006).

A $1 million CD would earn about $40,000 a year.

To produce the same $40,000 in revenue, the $1 million Borough investment would have to generate 159 newly tax-generating jobs.

Again, this assumes that the government incurs no additional costs because of the employee influx. Now, if you have to create parking for 159 people, perhaps the picture changes.

Revitalization math -- real estate ratables

2007-10-06T18:22:00.000-04:00

One justification that is often claimed for the Borough’s investment in revitalization is the increase in real estate tax revenue. Let’s take a look at this claim.

A $1 million Borough investment in a certificate of deposit could generate about $40,000 per year.

At the Borough’s current real estate tax rate, 3.296 mils, it would take $12,135,922 in new real estate ratables to produce the same $40,000.

This assumes that $12 million in new development imposes no additional costs of government services and ignores any tax abatement programs, such as LERTA, which reduce taxes on new development.

If we assume that the development would require $10,000 a year in government services, the amount of new development required would rise to $15,169,903.

Do you think that $1 million of bricks and lights generates $15 million in new ratables?

Connecting the dots

2007-10-05T11:42:00.000-04:00

In October 2006 the Borough Solicitor was asked to research matters about the “ownership” of a “blog.”
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In February 2007, Emanuel DeMutis filed suit in Chester County against “www.watchingphoenixville.com” leading to the ‘outing’ of blog author in April 2007.

Is there a connection here?

Kirkner takes the lead in bad excuses for budget delay

2007-10-05T08:48:00.001-04:00

In a recent email to Council Members, Finance Chair Richard Kirkner points out that under the Borough Ordinances “apparently the manager has until Dec. 31 to provide us with a budget.”

Kirkner goes on to state that a budget submission in early November is, in his view, “well above and beyond” the ordinance requirement.

Question to Councilman Kirkner: precisely how late a start to a public budget process are you advocating? How much of a New Year’s fiscal hangover will you be giving us?

Cheap trash

2007-10-04T07:07:00.000-04:00

Don't forget that Council raised the trash fee for the third quarter only.

For the fourth quarter (beginning October 1), it's back down to $55.25, payable in advance. Pay the new lower fee now.

And he won't even need clean underwear

2007-10-02T15:40:00.000-04:00

"We've tried to tailor the budget process to my schedule, such as it is. Because I'm on medical leave from my job until at least Oct. 24, I cannot attend any public meetings before that time (not to mention the chairs in Council chambers would probably discloate [sic] my new hip). So as far as I'm concerned, my public involvement in the budget process is on hold for the best part of October."

"That said, it did seem like you and other council members were trying to force a change in the process without my involvement, and I just had to hold up a red flag as chair of the committee in charge of the process. My approach may not have been most tactful, but at the time tact was a quality difficult for me to muster."

–Councilman Kirkner, writing to Councilman Wagner

Council consists of eight members. It takes five of the eight to conduct business. This system exists precisely so that our local government can continue to function without all Council Members present.

Councilman Kirkner not only clings to the delusion that he is indispensable, he has apparently decided that his personal participation in the budget is the most important objective, even if it means the exclusion of the six Members other than Mr. Messina and himself. And the public, of course, can be disregarded entirely.

The choice about Kinker's participation is, in any event, a false one. Has anyone considered just putting a speakerphone in the Council Chambers and letting Mr. Kirkner participate from home while Council does business in public as usual?

He said it himself

2007-10-02T07:38:00.001-04:00

To see Council Member Kirkner's December 2006 eloquent praise (or is it self-congratulatory posturing) of an open public budget process go here.

A Pulitzer for the pusillanimous

2007-10-01T16:12:00.000-04:00

Only in Phoenixville would the local paper run a column suggesting that the public needs to “get over” the fact that the government is intent on hiding the annual budget just as long as it can.

Lots of heads are better than none

2007-09-29T08:51:00.001-04:00

The Manager's own schedule calls for having a first draft ready for the Council President and Finance Chair during the week of October 15.

Just distribute that material to the remaining six council members. (Hint: you just add the six addresses to your email.)

Indeed, why not put the draft on the Borough's official/semi-official/unofficial (your choice) website? (Hint: you just add one more address, the webmaster, to your email and ask him to put it up.)

Sooner or later trash is gonna getcha

2007-09-26T12:16:00.001-04:00

The quarterly trash fee will revert to $55.25 for the fourth quarter, due to Council's failure to address this issue properly in June (or earlier).

That will result in a shortfall of about $90K from what the Borough needed to collect.

Where's the cash going to come from?

What will the Council need to do in January to fix the problem?

Call your Council Member and ask him or her to explain it to you. Contact information for the Council Members can be found at the Borough's unofficial site.

In the market for a corrupt, nightmare budget?

2007-09-26T09:33:00.000-04:00

“Last year’s budget sheets are corrupt,” [Borough Finance Director Nease] said. “We’re in the process of reconstructing all of it. It has been kind of a nightmare.”

By the new schedule, Borough administration budget recommendations would not be submitted for final review by finance committee chair Rich Kirkner (D-North) and Council president John Messina (D-North) until November 5.

All Council members would not see the results until November 13.
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[Borough Manager DiGirolomo] said further that Council “will have a ‘Chinese menu’” of policy and budget alternatives before them at the November 13 meeting. Besides, he said, he expected that Kirkner and Messina would “be working with you guys behind the scenes” well before that meeting.

–The Phoenix, September 26, 2007

It’s been a nightmare, all right. And the new budget process seems to guarantee that the nightmare will only continue.

Stand up and be counted

2007-09-25T19:31:00.000-04:00

Last year, public meetings for discussion of Phoenixville’s budget started at the end of August. In response to the obvious success of that undertaking, the Council President has decided to prepare the first drafts in secret, not only outside the public eye, but hidden even from the other Council Members.

Council Members do not have to accept this. The Council can direct that the budget be taken up in public and can direct the Manager to furnish the draft budget to all Members.

Council does not have to wait until the October 9th council meeting to press the point. The written request of one third of the council is all that is needed to convene a special meeting (53 P.S. §46006).

Are there three Council Members who will stand up for the public they have been elected to serve?

If ignoring the solution once is good, ignoring it twice must be better

2007-09-20T17:07:00.000-04:00

Back in June, Borough Council finally realized that a trash fee increase would be required. Based on the adopted budget, the trash department was running a deficit in excess of $80,000 in the first half of the year. The information in June indicated that an increase to around $73 per quarter for the balance of the year would be needed to balance the trash budget.

Faced with that information, what did Council do? It voted to increase the trash fee to $73 for the third quarter only.

Guess what: the fourth quarter starts on October 1. The next scheduled Council meeting is October 9. Absent Council action, the trash fee will drop back to $55.25 for the fourth quarter.

The reduction would be nice, if it were not for the red ink it will likely spill.

What were Council Members Ciruelos (Chair of Utilities Health and Sanitation) and Kirkner (Chair of Finance) thinking? Where were the Manager and the Finance Director?

Remediation reading

2007-09-18T07:24:00.001-04:00

In connection with the sale of the Foundry, PAEDCO and Hankin Phoenixville Foundry Partners, LP, agreed to a consent order with the Pennsylvania Department of Environmental Protection. Under that consent order, PAEDCO and Hankin agreed that there were hazardous substances on the Foundry tract. PAEDCO agreed to remediate the property to a site-specific standard by January 1, 2009.

The consent order and agreement are matters of public record in the Chester County Recorder’s Office, part of the deed at Book 7051, Page 1916, or click this link. The documents reveal that the property has excessive levels of arsenic, chromium, and lead.

Before we are dragged into another multi-million dollar fit of public spending to make the Foundry “succeed,” maybe it’s time for PAEDCO to show that it is on target to “attain and demonstrate compliance” with the clean-up plan.

What is much more likely to happen is that PAEDCO, which failed to remediate the site while it owned it (sculpture being much more important) will continue to do nothing. After the remediation deadline passes, the Hankin group will assess the risk as acceptable and the DEP will walk away with a wink and a nod.

Phoenixville’s getting a gift, just like a child’s toy from China.

Mural, mural on the wall--UPDATED

2007-09-12T19:06:00.000-04:00

Dear Ms. Cohen:

PAEDCO’s easement on the Fazzini building is a private issue between PAEDCO and the Fazzinis.

The Borough is not responsible for enforcing such arrangements. The Borough’s only concern with building and demolition permits is whether the standards for permit issuance have been met.

Please go have your hissy-fit with the Fazzinis, not with the Borough government. The Borough is too busy messing up things that they actually should be doing without getting involved taking care of PAEDCO’s foibles. By the way, doesn’t PAEDCO have a million dollars or so left over from the Foundry sale that it could use to repair the mural and remove the oh-so-attractive fence around Renaissance Park? Why doesn’t PAEDCO just buy the Fazzinis’ building, so it can then own both sides of the mural?

As a new Schulykill Township Supervisor, are you now going to advocate your Township’s involvement in all private arrangements between adjoining property owners?

If the easement protects PAEDCO's rights in the mural or creates obligations of the Fazzinis, why doesn't PAEDCO just enforce those rights against the Fazzinis? The Fazzinis did agree in paragraph 3 of the easement that they would "...maintain the Wall in its current condition or better and not to demolsih or allow the Wall to fall into disrepair, in whole or in part, without the prior written consent of Grantee."

Even if it were the Borough's responsibility to enforce the easement, which it isn't, PAEDCO made it nearly impossible to find the recorded easement unless one already knew it existed. The easement was granted to the "Greater Phoenixville Area Chamber of Commerce," while the record owner (at the time) of Renaissance Park was the "Phoenixville Area Chamber of Commerce." The Chamber actually remained the record owner of the park site until August 9, 2007. I suppose after the Mural started to collapse, the Chamber recognized that it had a liability on its hands and finally deeded the problem to PAEDCO, which created the problem in the first place.

FLASH UPDATE: According to Doug Murray, as quoted in The Phoenix, Ms. Cohen wasn't even whining on behalf of PAEDCO, but only on her own ticket. PAEDCO, said Murray, was happy with what the Borough did.

But Murray is concerned about the cost to repair the mural, maybe $100,000. Gee, what did PAEDCO get when it sold the Foundry? Or is it time to bilk the public again?

What do you do with a 13-year-old delusion?

2007-09-08T14:15:00.000-04:00

The Phoenixville Renaissance [a subsidiary of PAEDCO] Proposes to Develop the Foundry Property . . . . The project will generate sufficient cash to permit the Phoenixville Renaissance to be financially self sufficient while functioning as the engine to drive compatible development in Downtown Phoenixville.

–from PAEDCO’s 1994 “Vision 1999–Agenda for Action”

You give it a birthday party: September 28, 2007 at the Foundry.

Let's think outside the box

2007-09-05T07:36:00.000-04:00

Nepal's state-run airline has confirmed that it sacrificed two goats to appease a Hindu god, following technical problems with one of its aircraft.
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The airline said that after Sunday's ceremony the plane successfully completed a flight to Hong Kong.

–From a BBC News story, September 5, 2007.

What size would you like your fakery?

2007-09-05T07:27:00.000-04:00

“Now that we have entered the knowledge-based society, we have to deal with an overflow of fake knowledge.”

–South Korean prosecutor Moon Moo-il, speaking about that country’s problems with falsified credentials.

How much fake knowledge is too much?