Sound simple? It is -- all except for that "estimating"
task. To give you an idea of what that entails, here are some
excerpts from the Borough treasurer's end of the year (2005)
report. These concern elements of the General Fund which
makes up the largest part of the Borough's overall budget:
Earned Income Tax: The Borough took in $2,461,212
which was about $73,000 less than expected, based on "the range
Berkheimer projected in a second letter to us. As you recall,
they collected 3rd and 4th quarter university [earned income tax]
from 2004 in this year. We will have to monitor closely 2006 as
we have budgeted $2,660,000 as we expected the year to end at
$2,550,000 and expected a conservative 3% increase on this."
Real Estate Transfer Tax: The Borough received some
$196,000 more than expected "due to the very hot real estate
market in 2005. We budget this line item on historical trends and
do not attempt to balance the budget on this category as the
housing market is volatile and could drop precipitously. We did
increase 2006's budget from $290,000 to $370,000."
EMS tax: The Emergency Muncipal Services tax was new
in 2005 and the Borough took in $61,069 less than the expected
$650,000. When Borough officials sought an explanation from a
representative of Berkheimer Associates, the Borough's tax-
collector, they "received some vague `learning curve'
explanations." Borough officials intend to press for further
explanation this year.
Violation of Ordinances: The Borough received about
$80,000 more than expected "as more tickets were written and the
dual court system has become fully experienced in the disciplines
of logistics and remittance."
Police salaries were under budget by $102,825 because
one officer was serving in Iraq and several hires were delayed,
resulting in savings on new officers' salaries.
Summer park salaries were $72,000 under budget
because attendance was down, so the Borough hired fewer
counselors and discontinued the Marshall Square park summer
recreation program.
This section of the report concludes: "Overall, the General
Fund is balanced on a delicate basis each year. Fortunately, for
those categories on the revenue side that don't meet budget,
there are usually categories that exceed budget and make up the
difference. This may not always be the case. In relative numbers,
it remains difficult to project some line items as the budget
exceeds $15,000,000 annually and a swing of $500,000 represents
only 4% of the budget. We will be very careful to continue to
monitor our revenue stream and control our expense spending
throughout the 2006 year."
The Borough of West Chester spends and receives about $25
million dollars each year. That is made up of literally
thousands of items, each of which is subject to change due to
decisions made by individual taxpayers and their employers,
developers and other businesses, the University, courts, and the
three levels of government above the Borough -- county, state and
federal government. State law requires the Borough to submit a
budget in advance, which is a good way to force local government
to examine how it spends money and to prepare plans for what it
wants to do in the future. The result is at best a collection of
educated guesses which is much easier to criticize than it is to
critique.
Commentary: High Noon at the Commissioners' Meeting
[Posted March 14, 2006]
If it seems like WCJIM is preoccupied with the County's plan
to buy new voting machines, there's a good reason for that. In
the past four months, this journal has offered five articles (see "County &
State") about the threat to democracy that has been created
by the 2002 "Help America to Vote Act." Well, intrepid readers,
the end is in sight, at least here in Chester County. The County
Commissioners will make their selection on Thursday, March 16 at
their 10AM meeting.
Sadly, even this late in the game, no one knows for sure
whether they will do the right thing. Andrew Dinniman, the lone
Democrat on the three-person board, has stated repeatedly that he
will only vote for machines that also provide a "paper trail" --
essential to verify the results of a election in case it is
contested. But Commissioners Carol Aichele and Don Mancini, both
Republicans, have vacillated and asserted most recently that they
are prepared to vote for the purchase of "DRE machines" --
machines that record each vote directly using software and
generate a total at the end of the day.
Unfortunately, if the software of a DRE machine has been
corrupted, there is no way to know without taking it apart and
handing the components to computer scientists for study. Given
the number of irregularities that were detected in such machines
in Florida and Ohio in 2004, many people including state
officials are concerned. Last week, the lower house of the
Maryland state legislature voted to require the purchase of
machines that provide a paper trail, while throughout the country
local leaders, judges and community activists have organized to
stop what many are calling "the hijacking of democracy."
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I speak as someone who has lived in countries which used voting
systems that were considered corrupt and untrustworthy ... In one
case ... the government was overthrown in 1968 and again in 1991.
In the other ... the government has only been able to maintain
order by constructing a police state.
- WCJIM, November 18, 2005
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WCJIM has already sounded off on this topic in a statement made to the County
Commissioners at last November's public hearing. Enroute to
becoming a professional historian, he earned a masters degree by
studying the history of modern Germany, including the methods by
which the National Socialist Democratic Workers Party (a.k.a. the
NSDAP or Nazi) turned Germany -- a modern, industrialized country
with a rich culture and a democratic government -- into a one-
party police state. Although the United States in 2006 is not
the same as Germany in the late 1920s, there have been disturbing
signs for the past half dozen years that some people are willing
to take the country in the same direction. Rigging elections and
making the fraud undetectable is one way to pull it off, since
there will no longer be any way to determine what voters really
want. We will continue to have something that resemble elections
but our votes will only be used to ratify choices made for us.
If you are concerned, then you can do two things between now
and Thursday morning. First, call 610-344-6100, fax
610-344-5995, or email Carol Aichele and Donald Mancini.
Second, attend Thursday's Commissioners meeting at 10AM in
the Board Room of the County Courthouse, 5th Floor, North Wing,
located at 2 North High Street in West Chester.
Election Machine Decision Due on
Tuesday March 21 at 11AM
[Posted March 18, 2006]
Following the decision that County Commissioners Andy
Dinniman and Carole Aichele, both of whom are candidates for the
19th State Senatorial seat, cannot fulfill their roles as members
of the County Elections Board, President Judge Ott has selected
two replacements for the crucial vote on what type of voting
machines to use in the County. The replacements are Common Pleas
Court Judge Jacqueline Carroll-Cody, a Democrat, and Common
Please Judge Ron Nagle, a Republican. They will met with the
third County Commissioner, Don Mancini (also a Republican) to
decide what kind of machine the County should use for the May 16,
2006 primary election and thereafter.
The stakes remained unchanged. Lawrence Tabas, the
Republican lawyer who serves as the County's advisor on these
matters, is urging the purchase of electronic machines whose
internal workings are unverifiable. Meanwhile, a broad-based
coalition of citizens and computer experts has called for
machines that provide a verifiable paper trail. Until recently,
Mancini promised his support for a verifiable machine but two
weeks ago reversed himself. Thus, next Tuesday's meeting
promises a showdown that may determine the outcome of all future
elections.
There will be a rally in support of verifiable machines in
front of the Court House starting at 10:30AM. In the meantime,
supporters of verifiable elections are urging people to contact
Judges Carroll-Cody and Nagle at the following addresses, and to
send copies of their messages to Commissioner Mancini as well.
The Honorable Ronald C. Nagle
2 North High Street, PO Box 2748, West Chester, PA
19380-0991. Phone: (610) 344-6184, Fax: (610) 344-4480
The Honorable Jacqueline Carroll Cody
2 North High Street, PO Box 2748, West Chester, PA
19380-0991. Phone: 610-344-6604, Fax: 610-344-4472
Commissioner Donald A. Mancini
2 N. High Street, Box 2748, West Chester, PA 19380-0991.
Phone: 610-344-6100, FAX: 610-344-5995.
A Short History of Borough Trash Policy
[Posted March 19, 2006]
In about three months, the Borough will implement its new
trash
collection program. If you have been following this, you already
know that in an effort to reduce skyrocketing trash collection
costs, the Borough has opted to replace its old policy of
collecting six cans of trash each week at no extra cost, with a
new policy that provides for the free pickup of two cans and
payment for additional trash. Since the ability to manage its
own waste is one of the signs of a functional society, WCJIM
takes a look at the history of trash collection in the Borough.
Until 1885, there was no trash collection system in the
Borough. Trash was simply dumped in the alleys behind houses or
at the edge of town. Residents who owned livestock fed garbage
to pigs and chickens. Household sewage was dumped into cesspools
from where it seeped into the creeks surrounding the Borough, and
stormwater management was nonexistent, making low-lying places
like that at the corner of Union and Franklin Streets into
breeding grounds for malaria.
According to
information collected by WCU student Charlotte Bridges,
change began in 1885 with the creation of the West Chester Board
of Health. The Board persuaded Borough Council to regulate trash
collection in 1886 by installing public trash cans at the end of
each street and using horse-drawn carts to collect solid waste on
a regular schedule. They dumped their loads in a Borough dump
until it became filled in 1900. Borough considered purchasing a
garbage incinerator like that used in Wilmington, Delaware, but
then decided to allow local hog farmers to buy it for use as
feed. In 1912, Lewis Hickman, a farmer who lived just west of
Bradford Avenue, received the exclusive contract to all of the
Borough's garbage.
The Borough continued to deposit solid waste in empty lots
located around town. In the 1930s, they used a lot on S.
Franklin Street that is now the Green Field sports stadium. In
the 1940s, they switched to a former brickyard located on E.
Nields Street which later became the site of the Wyeth-Ayerst
factory. In the early 1950s, they used an abandoned quarry on W.
Chester Street located near the Italian Social Club. All this
time, Borough officials continued to discuss buying a trash
incinerating plant, but never mustered the votes to make it
happen.
By then, it was apparent to most that change was on its way.
In 1951 the Borough resumed the use of contractors to collect
trash and ashes (a separate category of rubbish that resulted
from the extensive use of coal stoves in Borough homes), but
Council minutes show repeated problems with staffing and
frequency -- the Borough provided two pickups per week in those
days -- that led to a high rate of turnover by the private
haulers.
Trash collection became even more of a problem in 1954 after
the state legislature passed a law that prohibited feeding raw
(i.e. uncooked) garbage to livestock. In the 1960s,
environmental concerns led to a ban on "burn barrels" (50-gallon
drums used by individuals to burn paper and other solid waste).
The Borough population was also growing in this period, and as
the volume of trash increased and the options for legal disposal
decreased, the Borough resumed collecting trash with its own
trucks and employees.
In January 1970, Borough Council passed a comprehensive trash
ordinance which provided one trash pickup per week and penalties
for disposing of trash improperly. That created a need for
enforcement and led to demands for the Borough to hire a "Codes
Enforcement Officer." Roy Helms, the Borough's Housing Officer,
assumed that additional responsibility in 1974, but after he left
the Borough in 1981, Council debated for nearly two years before
filling the vacancy.
Trash disposal costs remained a problem throughout the 1980s
-- a a decade in which solid waste disposal fees rose from $6 to
$43 per ton -- and in 1987, West Chester Borough began a
voluntary
trash recycling program for one third of the Borough's
households. While it reduced disposal costs, it also showed that
some people refused to participate, so in 1989 Council made the
program mandatory for the entire Borough in 1989.
Costs continued to rise, however, so in 1992, Council
convened a "Blue Ribbon Financial Committee" chaired by former
County Commission Patrick O'Donnell. The Committee recommended,
among other ideas, charging a separate fee for collecting trash,
and concluded "that Borough Council is facing a remarkably
difficult situation with very few choices available." In
October, Council voted to solicit bids from private haulers and
in December awarded a three-year contract to BFI (Browning-
Ferris). That created something of an uproar because it also
resulted in the lay-off of four Public Works employees.
In 1993, Council amended the trash ordinance again,
increasing
the number of bulk trash pickup from two a year to once a month.
They also doubled the size of public trash containers in the
downtown, and added a program to collect brush and tree limbs.
Two years later when the trash hauling contract came up for
renewal, Council had to request bids twice before accepting the
low bid from J. P. Mascaro & Sons of Bridgeport for another three
years.
Unfortunately, Mascaro's service prompted numerous complaints
from Borough residents, so that in October 1998, Councilmember
Anne Carroll proposed that the Borough resume collecting its own
trash. After much discussion, Council voted to buy a pair of
trash trucks and take over the service itself.
That led to the current situation in which the Borough's own
Public Works employees collect regular trash once a week, bulk
trash once a month and leaf and garden waste on a seasonal basis.
Meanwhile, landfill costs continued to climb while the Borough's
recycling rate declined over the past several years, so the new
trash program was adopted last December as a way to control
costs.
For roughly 80% of Borough households, the new program will
require little change. Those are the households that average
less than two cans of trash per week -- the main thing that they
will have to do differently is make sure that they keep their
yard waste -- grass clippings and brush trimmings -- separate
from the rest of their trash. For those of the other 20% who are
not currently using private trash haulers on their own, they will
have to either reduce the amount of trash they put out or else
start paying $2.50 for specially-marked bags in which to dispose
of their excess trash.
Bombs ...
[Posted March 21, 2006]
For about an hour in the afternoon on Monday, March 21,
downtown West Chester yesterday felt more like the streets of
Manhattan as TV crews, police and emergency vehicles swarmed
around the Courthouse. First, a remote broadcast van from NBC10
parked on W. Gay Street to cover the Kildare's scandal, according
to a bystander. Then, about 2:15pm, alarms sounded at the
Courthouse and dozens of employees, jurors and ordinary citizens
spilled out onto the surrounding streets.
Then things really started to happen. West Chester police
cordoned off Church Street between Market and Gay, while a bomb
disposal unit and a caravan of emergency vehicles squeezed their
way past traffic on Gay Street to the Sheriff's entrance on
Church Street. Meanwhile, a news helicopter appeared overhead
and circled for about a half an hour.
A few of the Courthouse refugees huddled near the High Street
entrance, since it was cold and blustery, but most disappeared
into nearby restaurants to wait it out. Occasionally, emissaries
would return to the Courthouse to see if the situation had
changed and then report back to group. Finally, just before
3:00pm, County employees began to reenter the building, and by
3:15pm the doors were reopened to the general public. Of course,
that meant a security check for everyone before they could enter
the building, so the whole process stretched out over a quarter
of an hour.
So it the end, what was it all about? A bomb threat that
amounted to nothing and an evacuation of a public building on a
cold but otherwise pleasant day. For people in a hurry to do
business with the County, it must have been a major annoyance.
But for courthouse regulars with a little free time, it was a
chance to socialize, to complain about the County, and to talk
about Villanova's big win in the NCAA playoffs.
... and bars
A lot of people were also talking about the news story on the
front page of yesterday's Daily Local News. In brief,
Kildare's owner David Magrogan was caught leading a Mardi Gras
party that featured several partially
disrobed women inside his bar. In the audience were several
onlookers with cell phone cameras and one of them sent pictures
to a web site that posted them. Someone spotted them within a
few days, the Borough Codes Enforcement Officer issued a
citation* and the news circulated
around town for about a week until the Local picked up the
story.
Reactions varied. At West Chester University, several
administrators studied the newspaper over coffee and wondered if
any of their students were involved (that does not appear to have
been the case). In downtown offices, the most common question
was "How could he be so stupid?" and Magrogan's "apology" drew
jeers from people who thought that it sounded a lot like "Don't
yell at me -- other people did it too." Several Magrogan
defenders scoffed at Mayor Yoder's claim that he was "livid" when
he learned about the photos, and wondered who tipped him off to
the photos in the first place.
* The citation was for operating
an adult entertainment center in violation of the Zoning Code.
Section 112-7 of the Borough Zoning Code defines "adult
entertainment center" as "an establishment wherein live displays
of the human body without a covering on the specified anatomical
areas are conducted or an enclosed building used for presenting
materials distinguished or characterized by an emphasis on matter
depicting, describing, or relating to specified secual activities
or specified anatomical areas for observation by patrons within."
Section 112-35 provides for "adult bookstores and adult
entertainment centers and massage parlors" as a Use by Special
Exception in the Commercial Services Zoning District, which
covers Hannum Avenue west of Wayne Street and Market/Gay Streets
east of Franklin Street (including, ironically, the site of
Borough Hall). Section 112-40 provides for "Any other lawful use
permitted in any other district" as a Use by Special Exception in
the Industrial Zoning District, which lies south of Magnolia
Street and east of the railroad tracks. Kildare's is located in
the Town Center Zoning District which does not permit "adult
entertainment centers" at all.
WCJIM adds his two cents
First, as president of the West Chester Restaurant
Association, Magrogan told Rebecca Cavanaugh of the Daily
Local News that the association is "dedicated to maintaining
the safety, economic vitality and hometown image that make the
borough an ideal place to do business" (August 19, 2005). The
pictures at the heart of the controversy might project a
"hometown image" in Las Vegas, but the people of West Chester are
used to something more sedate.
Second, as a member of the Ad Hoc Liquor License Transfer
Commission, WCJIM learned a lot about liquor and how it is sold
and controlled in the state of Pennsylvania. One recurrent
problem in West Chester has been that of license owners who
promise to rely on "fine dining" and other low impact forms of
alcohol sales, but then switch to a rowdier business model based
on drink specials and gimmicks to boost their bottom line. A
"Fat Tuesday" party with semi-nude women is more in keeping with
the second approach. Magrogan's prominent role -- up close to
the action with a microphone in his hand -- shows that he was
directly responsible for authorizing what happened.
In the not-too-distant future, Magrogan will appear before
the Pennsylvania Liquor Control Board to argue for permission to
bring a second liquor license into the Borough (see related article). Between now and
then, he needs to find a way to undue the damage, not only to his
own reputation, but also to the Borough's efforts to promote
responsible drinking.
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Copyright 2006 by Jim Jones
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