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Final Numbers for the 2005 Budget
[Posted March 13, 2006]

Although the Borough's 2006 budget is already in place, this is the time of the year when Council receives end-of-the-year reports from its department heads. Last Tuesday (March 8), members of the Finance Committee reviewed the Borough Treasurer's report for 2005 -- a five page document that described the revenues and expenditures for the five largest components of the Borough's annual budget. [View budget summary]

Since most readers only hear about budget issues when one candidate tries to use it to discredit another one (or a newspaper looks for a juicy headline), here is a brief explanation of why the process is so imprecise. By state law, Borough Council has to approve a budget for the following year before the end of December or the current year. That means that department heads have to decide what they will need next year before this year is even two-thirds over, and then present their requests to Borough Council committees in August. Council then estimates what sort of money the Borough will have to spend next year (again based on incomplete information from the current year), and the two sides -- Council and department heads -- go back and forth until they reach some sort of agreement in November. That provides a month to advertise the proposed budget, as required by law, so that Council can approve it at its December meeting.

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 Rest of the Budget

The Sewer Fund is administered separately from General Fund and depends on sewer fees and "tap-in" fees to pay for maintenance and upgrade of the system. According to the reasurer's report, sewer revenues "are budgeted on a historical basis and represent sewer taps in the township. We finished the year considerably under budget. Sewer taps are a guess at best and we try to budget on a historical basis. We have seen some years as high as $700,000 along with low years such as 2005. We reduced the budget in 2006 to $100,000 vs. our normal $200,000 and expect to exceed this as we already have some feel for a better year according to our MIPP coordinator." Sewer expenses "came in under budget by some $251,000, offsetting somewhat a dismal revenue picture. Sewer plant management monitors expenses very closely and is to be commended.

The Parking Fund is also administered separately. Parking meter revenues were "much lower than budgeted due to many factors. We removed over 90 meters resulting in a loss of $95,000, mostly for the old Lot 4, the new Justice Center property. We also had to convert many of our old meters to new digital meters, resulting in down time, lost revenue, and an expense of over $65,000." On the other hand, the parking garages yielded about $64,000 more than expected "as the parking manager made changes and controlled expenses and the Borough increased monthly permit sales." Two other funds, the Capital Improvement Fund and the Highway Aid Fund, both performed as expected.

Conclusion

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."

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        

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.


Northwest Neighbors Unite
[Posted March 16, 2006]

Members of the new Northwest Neighborhood Association (NWNA) will hold their first general meeting at the West Chester Library on Wednesday, March 22nd at 6:30 pm. The NWNA, which hopes to work with residents from the northwest part of the Borough (north of Market Street and west of High Street), grew out of several initiatives in that part of town, notably the revitalization of Veteran's Memorial Park. That effort, which included park cleanups and neighborhood fundraisers, enabled the Borough's Recreation Department to install new park equipment and the Borough to purchase an empty lot in order to provide access to the park from W. Washington Street.

The Veteran's Park effort provided the springboard for involvment by other people from the neighborhood. Scott Smith recently accepted an appointment to fill the Ward 7 Borough Coucil position vacated by Maria Chesterton's departure from the Borough. Lola Burkenstock will represent the group on Borough Council's Neighborhood Task Force. Other members have organized successful events including basket bingo fundraisers and community picnics at the Veteran's Memorial Park.

ANNOUNCEMENT

What: Northwest Neighborhood Association meeting

When: Wednesday, March 22nd at 6:30 pm

Where: West Chester Public Library, corner of Church and Lafayette Sts.

Who: Anyone who lives north of Market Street and west of High Street

According to one of the group's founders, Ellen Zadoff, the NWNA's mission is "to bring together the residents of our diverse neighborhood to learn from each other so that we might strengthen and improve our community. We intend to facilitate communication within the neighborhood and to connect our residents to each other and to the West Chester community at large."

The meeting will take place at the West Chester Library located at the corner of Church and Lafayette Streets. All residents of the northwest part of West Chester Borough are invited to attend.


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.


 

Copyright 2006 by Jim Jones