2/16/12: The Unreported

There’s crime happening in the City of Harrisburg and no one’s reporting it.

Of course, that’s the norm in every city, in every town, right? Things happen but no one calls the cops, tells anyone, or lets their neighbors know what happened.

The problem is, though, when a crime goes unreported, it makes things sound safer than they are. It doesn’t alert watch or patrol.

Ignorance is bliss or knowledge is power. Which is your philosophy on crime as a resident, business, or visitor of the City of Harrisburg?

It’s said that former Mayor Stephen Reed believed ignorance was bliss. Thus, he made it an unwritten policy to keep crime stats low by not publicizing them. They were there if anyone looked, but if no one looked than they weren’t there as far a Mayor Reed was concerned. Much of Harrisburg’s crime was kept under wraps, and it’s part of why crime sounds so bad in the City today. It’s because more is making the news. Neighborhood groups are reporting and publicizing what happens within their blocks. Word spreads  more profusely. The stats are easier to get. The marvels of technology.

Yet, residents and businesses are still reluctant to tell. There are various reasons why this is true—”no snitching” attitudes, indifference, and fear. Some people don’t believe it matters, that the cops won’t show up anyway. And some don’t want to bother the strapped and limited police force. 

Recently, Greenlee Partners, a lobbying firm on State Street, had a series of car break-ins. Months back ABC Brew Company on Cameron had the same. Rather than report the crimes, both entities, apparently, decided to keep it hush hush so customers and clients didn’t worry or panic. So business didn’t suffer.

This is the injured party’s choice. However, if these businesses are deciding “don’t tell” then what they should be seriously considering is hired security. In fact, groups of businesses should go in on it together. Emply an off-duty police officer or private company to patrol. Choose the hours. It’s doesn’t have to be 24/7. Let people know—criminal contenders and potential victims—that someone’s watching. 

At the very least, put up cameras and brighten the dark spots up.

A night watchmen would be best. 

City of Harrisburg Crime Stats for 2/5 through 2/11: (via Spotcrime and compiled by Jan Konkle)

• 21 vandalism
• 22 thefts
• 5 robberies
• 10 burglaries
• 26 assaults
• 1 shootings
• 2 prostitution

1/23/12: The Law Firm for the Receiver Lobbies for P3s

When David Unkovic held a press conference on November 18, 2011 to introduce himself as the Governor Corbett-appointed Receiver for the City of Harrisburg, behind him stood representatives of the law firm of McKenna Long & Aldridge LLP (MLA), a Washington DC firm retained by the State of PA to help Unkovic develop a Recovery Plan for Harrisburg. Self-defined specialists in public finance, the firm’s Municipal Recovery & Restructuring group has been charged with counseling the Receiver during his tenure.

In a December 13, 2011 press release, McKenna stated, “The MLA Municipal Recovery & Restructuring group advises public sector clients to achieve a consensual resolution of their financial concerns without litigation and only resorting to a Chapter 9 bankruptcy when absolutely necessary.”  To read the rest of the press release, click “McKenna Long & Aldridge LLP Municipal Recovery & Restructuring Group Providing Counsel to Commonwealth Court-Appointed Receiver for City of Harrisburg”

Last week, the Harrisburg-based lobbying and public relations firm, Triad Strategies, posted the following announcement on public-private-partnerships (P3s), quoting representatives of MLA:  

Message sent from Triad Strategies

01/19/2012

NEW BLOG FOCUSES ON DRIVE FOR PUBLIC-PRIVATE PARTNERSHIPS TO REBUILD PA

HARRISBURG (Jan. 19, 2012) –`A new blog dedicated solely to informing and educating thought leaders on the need for public-private partnerships (P3s) to promote infrastructure development, community investment and improved public services was launched today.

“People of every political stripe and persuasion agree that public-private partnerships are a good way to address some of the vexing infrastructure investment challenges facing our communities and our state, but we’re still dickering over the details while our economy continues to stagnate,” noted Roy Wells, managing director of Triad Strategies, LLC, one of the early stakeholders in Citizens 4 Rebuilding Pennsylvania. “We believe that we can constructively move the P3 discussion to a successful conclusion by focusing on what is working elsewhere in the nation and in the world.”

Frank M. Rapoport, a senior partner at the law firm of McKenna Long and Aldridge LLP (MLA) and chair of MLA’s Global Infrastructure and Public-Private Partnerships practice in the firm’s Pennsylvania office, applauded the new blog. “It’s time for Pennsylvania to join 33 other states with P3 authority that permits using private capital and innovative project delivery to build new roads, schools and mass transportation solutions,” said Rapoport.

Access to the blog, which includes a daily news summary on P3 developments around the country as well as observations and commentary about ways P3s can and are being used, is open to any Pennsylvanian by logging on to http://www.citizens4rebuildingpa.com/?file=subscribe.

Marcus Lemon, another senior member of the MLA’s Global Infrastructure and P3 practice also praised the blog. “Pennsylvania is the perfect state for successful utilization of private capital and innovative project delivery tools to improve its vast array of aging infrastructure such as highways, bridges, and water systems – with this effort providing the most effective vehicle for Pennsylvania to be on the cutting edge of this emerging opportunity,” Lemon said. As a former Federal Highway Administration Chief Counsel, he was instrumental in the development of several successful P3 initiatives and the development of multiple tolling and congestion relief projects of national significance.

Wells said the blog is one of the outcomes of an informal coalition of companies and organizations supporting P3s in Pennsylvania. “We were meeting in Philadelphia and realized that while plenty of people were talking about public-private partnerships, there was no single clearinghouse for information yet in the Keystone State.”

Rapoport has presented testimony before the Pennsylvania General Assembly that would allow P3s to be used as a tool to rebuild the commonwealth’s infrastructure. “This blog will be a key educational tool for both citizens and government officials on innovative financing strategies of P3s,” he said.

Obviously, the law firm of MLA is in favor of P3s. While it is inevitable that some of Harrisburg’s assets will have to be sold and/or leased to offset the massive debt the City is carrying, let us hope that MLA’s counsel and recommendations to the Receiver will be made without the complete bias of the firm’s focus on pushing to get Pennsylvania to pass P3 laws.

As evidenced by the recent The Harrisburg Authority vs CIT trial along with the Incinerator financings Forensic Audit report, The City of Harrisburg cannot stand to be manipulated into any deals for the benefit of others and their ideologies over the benefit of the City and the sake of its taxpayers.

And one other interesting short degree of separation—Triad Strategies located on Pine Street co-owns its building with Jacob Frydman who attempted to lease Harrisburg’s Parking System in 2008. He resubmitted a proposal in the Spring of 2011.

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1/18/12: The Story Changed...Again

After what Harrisburg Police Chief Ritter has referred to as “anxious” and “eager” media reports based on the Thompson Administration’s press release (see below), the City has announced (for real this time) that there is a temporary animal shelter set up–at the Harrisburg Incinerator. 

The Patriot News--“Harrisburg to send stray dogs to temporary shelter at incinerator”

When questioned on the confusion about the City’s animal control policy, Chief Ritter said the press “is too anxious about getting information on this,” this being the straight story on what Harrisburg is doing to deal with stray animals until the Humane Society contract is in place. The police chief further declared that the “adopt, abandon, or shoot ‘em” memo is rescinded and wasn’t an actual directive but rather a brainstorm, just a thought in “the planning stage.” He said a “rogue officer” released it. That was the problem. Hence, he’s “reluctant” to write something else up in case it gets prematurely released again.

Roxbury News video of Police Chief Ritter–“Hbg Police Chief Blames Media__Rogue Officer”

1/17/12: Caught In A Lie

This is reminiscent of the Thompson Administration snafu during the September flood. One moment a press statement was released telling Shipoke residents they would be fined, and in the next the truth was changed. Now it’s about the City of Harrisburg’s policy on stray animals. 

On January 2nd, Philadelphia Inquirer‘s Amy Worden first broke the story that the City’s official stance on found dogs was adopt them, move them somewhere else, or shoot them.  (“They shoot dogs don’t they? In Harrisburg that’s called animal control“)

In the wake of that story, there’s been enormous public debate about the illegality and harshness of the City’s policy and the responsibility of the Humane Society.

In public comment after comment, Thompson Administration representatives as well as the Mayor herself has declared they retracted the cruel, unlawful policy. Pointing fingers at the Humane Society, since the story of the memo broke City officials have said a contract is imminent. An out-of-state benefactor even paid the delinquent bill. At last week’s City Council’s meeting, Councilor Brad Koplinski asked Acting City Solicitor Jason Hess about the status of the contract, and he replied, “Tomorrow.” That was a week ago.

On Monday, January 16th—Martin Luther King, Jr. Day—the City of Harrisburg issued a statement admitting the contract with the Humane Society was not yet in place, so in the meantime:

“Police Relocate Temporary Animal Shelter to City Island” City Bureau of Police moved a temporary animal shelter from the police garage in the MLK, JR City Government Complex to a larger facility on City Island today. The shelter is equipped with two large ‘walking cages’, food, water, straw and donated dog food. Animals in custody are cleaned, fed, and walked by officer volunteers, in addition to their regular duties. There are currently no animals in the temporary police shelter and the three stray dogs recently in custody were adapted out to police families over the last four days. The city contract with the Human Society is in process and, barring unforeseen negotiation delays, should be in place next week. In the meantime, the bureau of police is doing all it can to assure a safe and healthy holding place for stray animals in the city. (Thompson Administration press release)

Then the truth came out.

It seems the Thompson Administration lied as reported by The Patriot News. (“Stray dog policy remains in effect for Harrisburg”)

There’s no temporary shelter set up on City Island.

And the order to “adopt, abandon, or shoot” dogs found is still in place. It was never retracted.  

Even the Mayor’s (unpaid) spokesman Robert Philbin admitted the press statement he sent out was incorrect.

It will be interesting to hear Mayor Thompson’s response to this. When called out in September about “the story’s not straight” in regard to the fining of Shipoke residents who didn’t have their flood debris cleaned up, an aggravated Mayor declared she didn’t authorize the press release and maintained she didn’t know who authorized it. In response to the media pushing her for an explanation, she aggressively retorted, “Listen, I didn’t authorize it and I’m the Chief Executive Officer of this City and I just told you to report out that they will not be fined. Period.” 

Wonder what her story will be on this lie.

1/9/12: Monday's Modicum of Harrisburg News

In no particular order, bits of news gathered from the past week:

• Harrisburg Receiver David Unkovic meets with Harrisburg creditors today to talk City debt. Unfortunately, no Incinerator financing forensic audit report to take with him. However, he has been clear that he’s been privy to preliminary facts, which he’ll undoubtedly take to the negotiating table with him.

• In the Fall of 2011, Troegs Brewing Company moved from its original home in the City of Harrisburg down the road to Hershey, Chocolatetown USA. 

Troegs used approximately 4,621,000 gallons for the year. Its water bill=$26,571; its sewer bill=$16,086 

That’s a total of $42, 657 lost revenues.

• The Harrisburg School Board of Directors is in the process of considering 5 charter school applications it received. Last week, the Board voted down the Archie Preparatory Academy Charter School application. 

Next up for vote are two applications of American Paradigm Schools. This group wants to open two charter school locations in closed City elementary schools Lincoln & Hamilton. Mayor Linda Thompson and former City Council President publicly endorsed American Paradigm in October 2011.

The proposed Board for the Hamilton location called Capital City Charter School=Gloria Martin Roberts; Bryan Wade (Thompson Administration Ombudsman); and Brenda Alton (Thompson Administration Director of Parks, Rec, & Enrichment).

The proposed Board for the Lincoln location called Academy of Nation Builders Charter School=Gloria Martin Roberts; Alan Kennedy Shaffer; Camille Erice; Nate Gadsen; & Rabbi Hava Pell.

These two American Paradigm applications must be voted on by January 31st. Two more charter school applications remain on the docket but will be considered in February or March.

• Harrisburg City Council reorganized for 2012 and voted a new President & Vice President and formed committees. See the reorganization here: City of Harrisburg’s new City Council Committees

• (updated) Harrisburg Crime 

Shootings from 7/1/11-12/31/11- 65

City of Harrisburg Crime Stats 1/1/12–1/7/12

• Thefts-35 
• Burglaries-16 
• Robberies-14 
• Shootings-4 (possibly one more- the victim won’t disclose the location of the shooting).

 information gathered via Jan Konkle

• Harrisburg Receiver will hold a public meeting on January 18th, 6:00-8:00 p.m. at the Arsenal Building, 1800 Herr Street, Harrisburg.

• THA vs CIT back in Federal Court tomorrow, January 19th at 9:00am. For more details on this case regarding City of Harrisburg’s Incinerator debts, see here: “The Trial: THA vs CIT (Part 1)”

12/31/11: A Retrospect of the Harrisburg Mayor in 2011.

As compiled and tweeted by me for Roxbury News on Thursday December 29th. Click the highlighted links to access the Roxbury News video of the cited event/quote.

Top Harrisburg Mayor Linda Thompson Moments of 2011:

• Let’s begin today’s theme of HBG Mayor Thompson w/slideshow of her from the year. A few captures that signify LT as LT: Slideshow

• Jan ’11, Thompson: “[I am the] first African American woman to ever seize the office of the Mayor and the first woman.” Video: roxburynews.com/player.asp?video

• In February, Linda Thompson told Harrisburg City Council; “The Mayor needs to get out, ladies and gentlemen. I’ve sacrificed the entire year & I haven’t been able to get out to meet with my peers,” HBG Mayor. Video: bit.ly/v4wC8v

• Spring brought HBG a H20 main break. One idea=beaver’s fault. In response, Harrisburg Mayor said, “In all of my years of studying animals I’ve never known for animals to have the kind of heavy teeth that would cut through pipe like that,” said Thompson. bit.ly/vfJNdP

• June ’11, HBG’s Mayor spoke at a Midtown crime mtg telling rez, “I want you to know that I am in control of this ship.” bit.ly/s9iZEG

• A week later at a crime presser, Mayor played basketball. “I know how to play ball.I used to play ball in my younger years.” bit.ly/t0xRnk

• As summer 2011 neared end, Harrisburg’s Mayor was faced w/presenting her #Act47 Plan as well as the threat of State takeover of the City.

• Strife w/HBG Council grew. Mayor said, “That’s why I’m hoping that Council was more willing to be on the champion team of the Mayor as opposed to the failed team of Senator Piccola.” Video: bit.ly/vbzKVn

• One eve, post-Mayor’s #Act47 Plan mtg, she turned on James Roxbury: “Hey, I’m driving myself tonight, Roxbury. Yeah.” bit.ly/tfaeb1

• Backtrack! Forgot HBG Mayor’s 3 days of prayer & fasting for the City in June ’11. “God bless” the critics. roxburynews.com/player.asp?video

• “I tell God everyday that I’m honored he chose me to be the head of this city.” Video of HBG Mayor Thompson after Fast: roxburynews.com/player.asp?video

• Alright, on track again. Fall of 2011 brings many a significant quote & action from HBG’s Mayor. From public mtgs, pressers & presentations.

• As she & her Admin plan the 2012 Budget, HBG’s Mayor declares, “I am history.” And that’s why people want her pic. Video: roxburynews.com/player.asp?vide

• Later in September 2011 as State takeover loomed, a fervent Harrisburg Mayor said, ”I had to go over to the House & Senate to receive love and respect and support.” roxburynews.com/player.asp?video

• Harrisburg Mayor Linda Thompson: “It’s smokes and mirrors with these councilmembers…..just smokes and mirrors.” bit.ly/rYWP4z

• To Harrisburg City Council from the Mayor: “Don’t let yourselves be doped like this.” bit.ly/sWclQ5

• In a debate with Councilmember Patty Kim, HBG Mayor slips, “Listen, I’m not objecting, lady, um um, Miss Kim.” bit.ly/w3ZIA9

• Retrospect of some HBG’s Mayor’s November ’11 moments. Her town hall mtgs on HBG’s fiscal crisis cont’d, State took over, Ch 9, & a Parade.

• About the effort to save the Harrisburg Holiday Parade the Mayor said, “We can sit and have facebooks all day.” Video: bit.ly/tKEzjO

• At a Nov press conference on Ch9 Bankruptcy, HBG Mayor says, “I am no bankruptcy attorney but I am a praying woman.” bit.ly/t9NhIJ

• During a Town Hall Mtg, Harrisburg’s Mayor asserted, “We have a great city. We have a fortified city.” Then the Harrisburg Mayor went on to say this about a questioning resident, “She came in this door attacking me.” bit.ly/uElaOf 

• Early December, HBG’s Mayor gets cited for not paying personal debt. Declaring “payment plan” for City taxes & oversight for her mortgage.

• When publicly questioned about the failure to pay taxes & mortgage, HBG Mayor says, “I’m human. I make mistakes, too.” bit.ly/sFJMeL

• Thompson on her duties as HBG Mayor: “You gotta be able to multi-task & multi-manage. I take out the trash sometimes.” bit.ly/uZ9Kdo

• ’12 City of Harrisburg Budget challenges? “We have huge budget absorbers in our government,” says Mayor Linda Thompson. bit.ly/vhc3vt

• Last one on our list of Harrisburg Mayor Linda Thompson Moments in 2011…..

• Yesterday [12/28/11], HBG Mayor said, “I am still the Mayor of this City….me & Mr Unkovic [HBG Receiver] are joined at the hip.” bit.ly/veAEHA

12/19/11: Dauphin County Judge Hoover sets the next hearing date for "the big lawsuit."

TD Bank, AGM, M&T Bank versus The Harrisburg Authority, the City of Harrisburg, and the Treasurer, and the City Receiver wants to intervene. 

Commonly referred to as the “big one,” this has been a fast-moving, aggressive suit which seeks a Receiver for the Incinerator and ultimately, the City’s “first dollar” of revenue and all other monies. That is, they want the next $67 million of the City’s before that money goes anywhere else—payroll, services, public safety, so on and so forth.

Slowed down by the filing of the Chapter 9 Bankruptcy Petition in October, since that petition was dismissed, this suit is back on track.After the appointment of David Unkovic as Receiver for the City of Harrisburg, The Harrisburg Authority (THA) filed a Motion for Partial Judgment asking that the Judge dismiss TD Bank et al’s call for the appointment of a Receiver for the Incinerator arguing that the City’s “state of Fiscal Emergency”—which includes the State-appointed Receiver for the City—trumps a Receiver for the Incinerator. Per Senate Bill 1151, the City’s Receiver has jurisdiction over THA in many ways. THA declares appointing a separate Receiver for the Incinerator will only “invite confusion and difficulty in effectuating the recovery plan.”

Judge Hoover has scheduled a hearing on TD Bank et al’s motion for the appointment of a Receiver for the Incinerator for Tuesday, December 20th at 9:00am. (as of Monday afternoon ,per the bond insurer AGM’s request, this hearing has been postponed.)

On December 16th, the City of Harrisburg’s Receiver David Unkovic filed a Petition to Intervene in this case, in time for this hearing. Not only asserting that “dueling receivers” will cause unnecessary complications to Harrisburg’s fiscal recovery, Unkovic’s Petition to Intervene also addresses the “drastic relief” TD Bank et al seeks as such that will essentially shut down the City and prevent Harrisburg’s solvency.

• The Harrisburg’s Authority’s Motion for Partial Judgment
• Judge Hoover’s Scheduling Order
• Receiver Unkovic’s Petition to Intervene
  • Exhibits A-F

11/30/11: Players in the Harrisburg Incinerator financings receive notice.

A letter dated November 23rd is delivered to 22 recipients identified as “involved in and/or associated with” the 2003 and/or 2007 Incinerator financing transactions.

The letter was sent by the new Chief Counsel of PA’s Department of Community and Economic Development, a position formerly held by the proposed City of Harrisburg Receiver, David Unkovic. HIs successor, Acting Chief Counsel Jill B. Busch, sent a directive to a list of firms, agencies, and entities identified as parties in the 2003 and 2007 Incinerator financings. She directs them to immediately “preserve and safeguard” all of their records from those dealings. In her brief note, she states her DCED commitment to “restoring the fiscal stability to the City of Harrisburg.” 

The list of names and entities is a an increasingly familiar one as many of the firms and names on this list are also firms and names involved or associated with Harrisburg School District financings and Dauphin County financings. 

See the letter along with the list of recipients: Letter from DCED Counsel

11/22/11: Process of Receivership

Harrisburg’s Receivership, a fast moving process.  Per the statute, the Commonwealth Court has 15 days to hold a hearing on the Petition for a Receiver for the City of Harrisburg. 

Timeline: 

• Friday 11/18: The Petition for a Receiver for the City of Harrisburg was filed: Petition for Appointment of Receiver
• Friday 11/18: The Commonwealth Court (no judge named) issues an order stating the Respondent  (City of Harrisburg) must respond by Noon on 11/22: Order Per Curiam
• Monday 11/21: City Council attorney Mark Schwartz files a Preliminary Objection to the Petition for Receivership: Objection to Appointment of a Receiver
• Monday 11/21: The Commonwealth Court sets a Scheduling Order: Scheduling Order
  • Noon on 11/29: All parties must submit a “memorandum of law”
  • 1pm on 11/29: A Phone Hearing on the Preliminary Objections
• Thursday, 12/1: The Hearing on the Petition for Receiver for the City of Harrisburg (in Courtroom 3001, PA Judicial Center)

There are several curious points to note in this process up until this point:

1. It is surprising that the petition was filed and the court order came in the same day.
2. There is no specific judge named on the Order, although one clearly had to give the Order. The Order merely states, Per Curiam, that is “by the Court.
3. City Council’s attorney, Mark Schwartz, filed a Preliminary Objection to the Petition for Receivership based on Chapter 9′s “Automatic Stay” and other alleged technical violations. The Automatic Stay contingency of Chapter 9 Municipal Bankruptcy states that no action may be commenced or continued against the debtor who is the City of Harrisburg. Thus, Schwartz is arguing that the Commonwealth’s move to appoint a Receiver is an action that violates the Automatic Stay of Chapter 9.
4. All parties must submit their responses to the Preliminary Objections at the same time, thereby not one party will see another party’s response until the Preliminary Objections hearing.
5. The Preliminary Objections hearing is one hour after the responses are due.
6. The Preliminary Objections hearing is a telephone hearing, not a hearing in an open courtroom where public or press can attend.

Letter from the Commonwealth of PA to Federal Bankruptcy Judge Mary France

11/15/11: Exclusion

Harrisburg City Council was excluded from the list of recipients. See the letter from the Mayor to the City’s creditors: City of Harrisburg Letter to Creditors 11/11/11

On November 11, 2011, Harrisburg Mayor Thompson sent a letter to the City’s creditors on behalf of Harrisburg. Attached to the letter was a Consent Agreement the Mayor wrote and presented to City Council members on the evening of November 10 as reported in “A Process Designed to Fail.”  

As was stated in that report, multiple City Council members were astonished to arrive at a negotiation session merely to be presented with a pre-drafted Consent Agreement, the creditor’s concessions already determined by the Mayor. The meeting ended quickly with no further negotiations amongst Harrisburg’s elected officials. And as word on the street goes, the last words of the meeting were made by City Council President Gloria Martin Roberts who said, “Cancel Monday.” 

There are five distinct things to point out about this letter:

1) the letter is addressed to City creditors including Dauphin County and cc’d to DCED, the Harrisburg Authority, and the Parking Authority. Notably absent from the list of recipients are Harrisburg City Council members.

2) The letter is signed by not only the Mayor, but also three City Council members—Gloria Martin Roberts, Kelly Summerford, and Patty Kim.

3) The letter is dated 11/11/11, Veterans Day. City Council President repeatedly told City Council members in public that Friday was a holiday, therefore, it could not be counted on a day to work on the Consent Agreement. Apparently, that wasn’t so since each of the signatures is dated 11/11/11. 

4) By Sunday night, it was a surprise to some City Council members that this letter existed and was sent to creditors. What also was a surprise until the end of the weekend was that a Creditors’ Meeting had been scheduled for 10:00am, November 14th. Not for the public. The public is able to attend the Consent Agreement Meeting continued at 5:05pm Monday 11/14. 

5) The Consent Agreement the Mayor proposed is subject to a) a fourth City Council signature and b) the City’s creditors’ approvals.

By the end of the day on 11/14, City Council must vote on a Consent Agreement in order to present it to DCED.

Read: City of Harrisburg Letter to Creditors 11/11/11

Harrisburg City Council Majority attorney Mark Schwartz response to City Council President Gloria Martin Roberts and Mayor’s counsel,  re: the 11/14 Creditors’ Meeting:

“My clients have forwarded me your email about a creditors meeting at the Pa Housing Finance Agency. As your lawyers know, my brief in the bankruptcy is due so I will not be attending the meeting. It has been the Mayor’s practice not to include me on mailings such as yours . My position then and now is that this is an improper practice as I am the attorney for Council in this matter.  I have not been able to review any documents drafted by the Mayor in conjunction with these meetings.  Accordingly, they are null and void. Prior to any vote on any creditor’s agreement I must be able to review any such documents or proposed agreements.  Of course the Mayor has made this process a mockery as she does not know the entire size of the debt and has not provided a budget.  In addition, she has never sought legal action against those who brought Harrisburg the infirmed incinerator financings. Without Assured Guaranty at the table, she might as well negotiate with herself. As far as the timeframe imposed by the State, you might do well to get the extension that the State can very well give you.”

11/10/11: Jeff Piccola Retires

Easy way out? Senator Jeff Piccola announces his retirement. He will not seek re-election in 2012. He won’t ever have to face the citizens of Harrisburg for Senate Bill 1151, never mind the gerrymander. 

Piccola Releases Statement Announcing His Decision Not to Run for Reelection in 2012

HARRISBURG – Senator Jeffrey E. Piccola (R-15) released the following statement today announcing his intention to not run for reelection in 2012.

“I hereby announce that I will not be a candidate for reelection to the 15^th Senatorial District in 2012.  I have thoroughly enjoyed my service in the state legislature, and I count as one of my many blessings the privilege of representing the citizens of Dauphin and York Counties in the Pennsylvania General Assembly.  I thank them from the bottom of my heart for their support.”

“During the year remaining of my term, I will work as Chairman of the Senate Education Committee to advance measures to reform and improve the Commonwealth’s educational system and continue to strive to best represent the people of the 15^th Senatorial District.”

11/4/11: The Secretary of DCED's Emergency Play for Harrisburg, PA.

Dated November 3rd. Read here.

10/28/11: The Governor's Declaration of Fiscal Emergency for Harrisburg, PA. 

Dated October 24th. Read here. 

10/25/11: The Consent Agreement

On October 24th, Governor Corbett officially declared the City of Harrisburg “a fiscal emergency.” Upon such declaration, the City Council and the Mayor must have “a special public meeting” to work out a “consent agreement,” which is basically solvency plan for the City. (see the statement from the Office of the PA Governor here.)

Per the statute, the “special public meeting” must happen within 8 days, and there is a list of conditions the consent agreement must meet such as establish long-term financial stability, provide essential public services, make all debt obligations, and pay the pension fund. Solutions can be derived by selling assets, but not by proposing a tax or tax rate not currently provided by law, such as a sales tax. And the statute is very clear–no “commuter tax.” The Mayor has already said, she’ll bring her Act 47 to the table as the place to start negotiations.

Once the City Council and the Mayor develop the consent agreement, then City Council must vote on it in order that it can be presented to the Secretary of DCED.

So, 20 days after being declared “a fiscal emergency,” the City Council and the Mayor must hold the public meeting, negotiate with creditors, vote on the consent agreement and present it to DCED’s Secretary Walker. He has up to 3 days to approve or reject it. If he approves it, then it goes back to City Council for passage as an ordinance within 7 days.

If the City’s officials fail to comply with the process and procedure of Section 607: The Consent Agreement— if they don’t show up to the “special public meeting,” don’t vote on the consent agreement, don’t give it to the Secretary, don’t pass the ordinance, or don’t comply with the consent agreement—then the Governor will begin the steps to put a Receiver in place.

Per the calendar, if the process goes as the State has written it, we could see City Council holding a Legislative Session to make the consent agreement an ordinance on either November 21st or 22nd. On November 23rd, the City’s back in Federal Bankruptcy Court for a hearing on preliminary objections to the Chagper 9 filing. 

Section 607 of Senate Bill 1151 outlines the process, procedure and purpose of the consent agreement. Read the bill  here.

9/27/11 (updated 10/5/11): Grell's Amendment 

Changing Piccola’s Senate Bill 1151 which amends Municipal Financial Recovery Act. This amendment was kept close to the crew as it was drafted. Perhaps that’s because back in June before SB 1151 made into the PA House of Reps, there were over 1000 signatures gotten in one week trying to stop it along with a protest on the steps of the Federal Courthouse. Senator Piccola probably wanted a quieter reception this time ’round. A few weeks ago, Piccola said that he would be working with Representative Grell to remedy the language that was weakening the legality and concreteness of SB 1151, and a quick scan of Grell’s amendment proves that much care has been taken into the wording and intent. SB 1151 including Grell’s Amendment passed the house Wednesday September 28th 185-9. No votes were: 3 Republicans–Representatives Emerick, Krieger, & Metzgar. 6 Democrats–Representatives Bradford, DePasquale, Freeman, Kavulich, Samuelson, & Shapiro. Representative Ron Buxton–Harrisburg’s rep–voted “yes”. Now, the SB1151 as amended goes back to the Senate for a concurrence vote. The Senate comes back in session October 17th, so nothing will happen before then, but once in the Senate, concurrence is expected, then the “takeover” bill will make its way tot he Governor’s desk.  Representative Glen Grell’s Amendment to SB 1151

• This addition to the bill describes the relationship between the State and the 3rd class city: 

Provide for the exercise of the Commonwealth’s sovereign and plenary police power in emergency fiscal conditions to protect the health, safety and welfare of a municipality’s citizens when local officials are unwilling or unable to accept a solvency plan developed for the benefit of the community.

• This addition to the bill intimates what the Representative and his sponsors think of the City of Harrisburg:

Sustained failure of a municipality to enact or implement a fiscal plan to adequately address or prevent insolvency after repeated opportunities to do so (i) constitutes a fiscal emergency; and (ii) signifies:

• (A) a breakdown in the function of municipal government; 
• (B) a dereliction of its elected officials’ paramount public duty to safeguard the health, safety and welfare of its citizens; and
• (C) a threat to the fiscal stability of neighboring communities.

• New Definitions (not defined in Act 47 nor in Piccola’s Bill yet now Grell gives us some):

• Fiscal emergency–exists if the distressed city: 
  • 1) (i) is insolvent or is projected to be insolvent within 180 days or less; or (ii) is unable to ensure the continued provision of vital and necessary services; and 
  • (2) (i) has failed to adopt or fully implement the coordinator’s plan; or ii) has failed to adopt or fully implement an alternative plan that the secretary has approved under section 246.

• Debt obligations–Any obligation to pay money, including amounts owed for payments relating to lease rental debt, debt service, bonds, notes, guarantees for bonds or notes, trust indentures or other agreements.

• Vital and necessary services–Basic and fundamental municipal services, including any of the following:
  • 1) Police and fire services. 
  • 2) Ambulance and rescue services. 
  • 3) Water supply and distribution. 
  • 4) Wastewater services. 
  • 5) Refuse collection and disposal. 
  • 6) Snow removal. 
  • 7) Fulfillment of financial obligations necessary for the continued provision of one or more basic and fundamental municipal services, including payroll and pension obligations, lease rental debt and all other debt obligations.

• Insolvent. Unable to meet all financial obligations as they become due, including payment of debt obligations.

• Once the bill is signed, the Governor will send the City a letter telling us he’s declared us a fiscal emergency and why.

• Within 10 days of this declaration, the Secretary of DCED will present the City with an “emergency action plan.” This plan is to make sure the “vital and necessary services” are maintained, including debt obligations.

• The Secretary’s emergency action plan can look to the previous Act 47 Plans the City’s had presented to it, that is the Coordinator’s Plan and the Mayor’s Plan. The Secretary may even bring in a financial advisor and/or some legal experts to help him.

• While the City’s in a fiscal emergency, the Governor’s the boss with “emergency powers.” Emergency powers include collect money; pay for “vital and necessary services,” which remember include debt obligations; enter into contracts & agreements, alter the emergency action plan; and “Any other power of the elected or appointed officials of the distressed city or authority to ensure the provision of vital and necessary services.” Key words–”any other power of elected or appointed officials.”

• While the Governor’s boss, the City’s elected officials can go about their daily business, their daily duties so long as they don’t interfere with the emergency action plan.

• Within 8 days of  fiscal emergency declaration, there will be a public meeting. City Council & the Mayor are going to have to have a special public meeting and duke out a “consent agreement,” which will be their chance to develop a plan that must include providing for all “necessary and vital services,” including debt obligations. Amongst other things, the consent agreement cannot include: 

• Projections of revenue from a tax or tax rate not currently authorized by law or
• Any increase in the rate of an earned income tax imposed on nonresident workers.

• Within 20 days of fiscal emergency declaration, City Council will vote on the consent agreement. Then it will go to the Secretary and he’ll give his yea or nay within 3 days (notice how the timeline is much more defined than in current Act 47). If the Secretary approves it, City Council has 7 days to make it an ordinance. And there’s a clause in there that says they can’t amend it unless the Secretary says so. 

• While a distressed city, the City can’t petition for a “commuter tax.” 

• The City can’t file a “municipal debt adjustment,” i.e. bankruptcy. Based on the Fiscal Code prohibitions, after the waiting period is up in June of 2012, the Secretary of DCED must give authorization for a bankruptcy filing. 

• Once declared a fiscal emergency, at any point the Governor can call for a Receiver. It seems, though, that this would only come if the City failed to take action towards the process of implementing a consent agreement, and one acceptable to the Secretary. Or unless the City’s financial situation gets far worse than anyone anticipates right now.

• The Receiver would be appointed by the Governor for a maximum of 2 years at the cost to the Commonwealth. The Receiver must:
  • “Have a minimum of five years’ experience and demonstrable expertise in business, financial or local or state budgetary matters” and have lived in PA for at least one year.

• The Receiver must develop a Recovery Plan within 30 days of being appointed. And can consider the Coordinator’s Plan and all others.  The Commonwealth Court will determine if the Receiver’s Recovery Plan is acceptable.

• The Receiver can:
  • “suspend” the authority of elected and appointed officials if they impede the Recovery Plan
  • make the City implement a Plan and if anyone stands in the receiver’s way–an elected or appointed official–the receiver has means to make them cooperate
  • negotiate contracts & make the City negotiate contracts
  • sell or lease our assets to pay the debt
  • to attend City Council’s executive sessions
  • to hire financial advisors & legal experts to help implement the Recovery Plan

• The Receiver can’t:
  • levy taxes
  • be an elected official or run for office within a year after being The City’s receiver

• If a Receiver is in place, then a Municipal Financial Recovery Advisory Committee will be formed consisting of:
  • the Chief Executive Officer of the City
  • City Council President (while the Thompson Administration keeps declaring this will be Gloria Martin Roberts, this is highly unlikely since her term will be up before this occurs).
  • A Dauphin County appointee
  • A Governor appointee

• There’s a good deal of language throughout the amendment that surely gives confidence to all creditors, bond holders, and bond insurers that they will get paid. In full. Principal and interest.

9/16/11: They Were So Unprepared

Last year the Thompson Administration proposed “revenue generating legislation,” which they sent down to City Council, which got placed in the Budget and Finance Committee, which have been sitting there ever since. On 9/15, this Committee met for the first public hearing on three bills, which all in all, propose Harrisburg parking rate increases: 1) residential permit parking from $15/yr to $30 first-time,  $25 annual renewal 2) Parking Tax increase from 15% to 20% (which parking businesses pay–the Parking Authority pays 90% of this tax) and 3) parking meter increases from $1/hr to $2-$2.50/hr. The Councilmembers at the Committee meeting–Chair Susan Brown Wilson, Patty Kim, Wanda Williams, and Eugenia Smith–didn’t disagree that increases were in order. In fact, the residential permit parking fee hasn’t been increased in 27 years. But the members did want information on how the Administration derived the rate increases. Studies? Fee analysis? Comparisons to other Third Class cities? Public feedback? Thompson Administration representatives Finance Director Bob Kroboth and Police Chief Pierre Ritter shook their heads no. They had very few concrete data to give the Committee. There was a lot of “We can get that,” and “I don’t have that with me and I’m not sure offhand.” Committee members were flabbergasted (as were the few of us there). It was unbelievable that the most fundamental and significant questions couldn’t be answered–How much does the City currently make from parking meters? Kroboth will check on that. How many residential parking permits are issued each year in Harrisburg? And how much more annual revenue will the City get with the Administration’s proposed increase? They’ll get that information. Which City areas are currently permit parking? The Chief wasn’t sure but next time will bring the captain who knows and a map. It was a pathetic and quite frankly unacceptable display of Administrative leadership, not to come to a meeting prepared. And a waste of time. Next meeting is September 26th @ 5:30pm, City Council Chambers, City Hall. Try again, Thompson Administration.

drawings by Ammon Perry: Doodletillomega
9/13/11: The Solicitor's Opinion

There has been question about whether or not City Council may amendment the Mayor’s Act 47 Plan. It’s something I am sure Harrisburg City Council members have been exploring since the last vote on the Mayor’s Act 47 Plan. On August 30th one day prior to City Council’s vote on that Plan, Acting City Solicitor Jason Hess presented an opinion for City Council stating that from his legal perspective, City Council did not have the right nor authority to amend the Mayor’s Plan. He stated that the PA Department of Community & Economic Development (DCED) agreed with him. However, at the Special Legislative Session on August 31st, called upon by a haughty President Gloria Martin Roberts, DCED Executive Director Fred Reddig along with DCED counsel informed City Council & the public that City Council could in fact amend the Mayor’s Plan. For the sake of time, Reddig urged any amendments to be presented that night, subsequently sent to the Mayor to be included in her Plan (or not) at her discretion, and then brought back before City Council for vote at a later but expedient date. Finding out then and there that the Acting Solicitor’s Opinion was inaccurate and perhaps because of that, not prepared with amendments that night, City Council voted against the Plan. Within days of City Council’s “no” vote on the Mayor’s Act 47 Plan, President Roberts scheduled a Motion to Reconsider the Mayor’s Act 47 Plan for September 13th. On September 6th, in an article announcing this Motion, The Patriot News stated, “No amendments will be made to the fiscal recovery plan Harrisburg City Council votes on next week,” and cited the Acting City Solicitor’s letter as discussed with the newspaper by City Council member Patty Kim (“Harrisburg City Council to re-vote on same version of mayor’s fiscal recovery”). Contradictory & erroneous information rises again. The Solicitor’s letter was dated August 30th. On August 31st, City Council was informed by DCED that amendments could be presented on the Act 47 Plan. So the question is, will City Council come tonight prepared with amendments to the Mayor’s Act 47 Plan? And if so, what will the contention be? Since the letter was publicly discussed in the newspaper, here is the public display of the letter along with the video that corrects the mistaken opinion of the solicitor as well as the mistaken reporting of The Patriot News. 

City Solicitor’s Letter to Harrisburg City Council: Amendments to the Plan

Roxbury News–“Fredrick Reddig_____Amending the Mayor’s Act 47 Plan”

On August 4th, Debt Watch Harrisburg sent the following opinion on the legislative process of the Mayor’s Act 47 Plan to the Secretary of DCED &  received no objections, protests, or any dispute of the position from the Secretary, DCED or anyone copied on the letter. Per Grover’s legal perspective, amendments to the Mayor’s Plan would follow normal legislative procedure and are not up to the Mayor’s discretion.  Letter on Section 246 of Act 47 from Attorney Grover to DCED Scty Walker on behalf of DWH

9/1/11: Clearly, Mayor Linda Thompson didn't want me there. 

Following City Council’s vote on the Mayor’s Act 47 Plan, Thompson held a press conference in the Mayor’s Cabinet Room, gotten to by passing through a reception area off the main hallway on the 2nd floor of City Hall. Immediately following adjournment of the Special Legislative session, press surrounded City Council members to get statements and responses on the rejection of the Act 47 Plan. Once done, reporters and cameramen (they really are all men) made their way to the 2nd floor, through the reception room door, and into the conference room where the presser was being held. When I got upstairs to the door off the hallway, it was locked but a cameraman and reporter were standing there already knocking. Ombudsman Bryan Wade opened the door to let us in.

The conference room being packed, we stood at the doorway looking in. The Mayor immediately said to Bryan Wade, “That’s it, Bryan. No more. Time to shut the door, please.” Then she said to the cameraman standing in the doorway of the conference room, “Can you bring your camera in so we can shut those doors, too, please. I want my conference room doors shut.” So, the three of us walked into the room, and I began to take a free seat around the long conference table. The Mayor says, “Are you media?” I looked up at her looking at me, so I nodded, and said “Yes, I have my press pass right here,” and pointed to my PA State-issued Pennsylvania  Legislative Correspondents Association card secured to my sweater. “I’m saying you,” pointing directly at me demanding an answer, “Are you media?” She was serious, furied, menace in her eyes, and for a slight second I was taken aback, the room filled with people, local and national reporters watching as the Mayor is about to throw me out of her press conference.

The Mayor and I have history. She knows who I am and I am much more than a “you” to her. I’m that one. The one that campaigned against her, tirelessly trying to convince Harrisburg that Linda Thompson was not the right person for the job of Mayor of the City. For weeks and weeks in the Fall of 2009, I was pretty much everywhere she was, watching her make outrageous promises she could never keep, spew wrath, and encourage segregation around this City so that she could win the Mayoral seat. I documented and I publicized. And as soon as she won, I started this, today’s the day harrisburg, continuing my style of scrutiny. Now I’m a member of a credible press corps, work for Roxbury News, and am in her Cabinet Room for a press conference after she just lost a major battle. When she pointed at me and said, “you,” it was personal.

I gathered my dignity, looked right back at her and said, “Me? With this press pass? Yes.” And I pulled it up and thrust it in her direction. She didn’t skip a beat. “What media are you with?”

“Roxbury News,” I said.

That broke her. She looked away, sort of looked James Roxbury’s way, and said, “oh, okay…..” I think she thought one more thought about kicking me out of that room.

I sat down and she began her press conference. 

Within moments there was a knock at the outer doors. She didn’t flinch, didn’t stop talking. Knock, knock, knock. Again. But then the knock turned to booming pounds and the reporters in the closed room began to look at one another and shake their heads. Linda Thompson never stopped talking.

It ended up that it was an anchor and cameraman from CBS 21 left out in the hallway. Locked out of the Mayor’s press conference. As I walked by leaving, the anchor was angrily confronting Communications Director Robert Philbin about the locked door. Philbin just shrugged and said, “We were having a news conference.” 

I kept on walking. I just wanted out of there. One of the reporters came up to me, pointed and said, “You!” and laughed. 

Thanks to Linda Thompson, I’ve earned a badge. 

8/23/11: A follow up to the 7/18/11 

(scroll down to that date to read) Discussion on Harrisburg Communications Director & Senior Advisor to the Mayor Robert Philbin–appointment to the Capital Area Transit Authority Board. Below is the as-is resumé he submitted to the CAT Authority Board in consideration of his appointment.  Mayor Linda Thompson has appointed him to the CAT Authority Board as representative of the City of Harrisburg, but now City Council must vote on it. They will vote during tonight’s Legislative Session, 6pm. It’s interesting to see how much transportation & Corridor 1 experience this Public Relations guru has while CEO of Hershey Philbin Associates, including service on Governor Rendell’s Task Force for Rail and Transportation Security. 

*Robert J . Philbin

*Senior Advisor Director of Communications The City of Harrisburg

*Educated at Dickinson College *Pennsylvania State University

A .S.,B.Hum. *Experience relevant to: CAT Board

* As CEO of Hershey Philbin Associates, Inc. (1995-2010)

*oversaw initial consumer opinion research for MTA Corridor 1 .

*Directed PR plan for Corridor 1 public meetings.

*Worked with MTA Board and CAT Board related to above projects .

*Directed PR and GR for The PA Brotherhood of Locomotive Engineers

*Served on Govern Ed Rendell Task Force for Rail & Transportation Security .

*Worked with or served on committees with 5 of the 7 current CAT Board of Directors.

*Familiar with current CAT issues as pertaining to City transportation needs .

*Appointed by Mayor Linda D . Thompson to represent the City on current Board .

Submitted by Robert J. Philbin

717-580-9509 rjphilbin©a cityofhbg.com

8/11/11: As confirmed by Representative Glen Grell Himself

He is looking to potentially amend the PA Administrative Code, Section 220 (Section 220 of the Administrative Code of 1929, codified at 71 P.S. Section 80). 

This section states:

Each administrative department, and each independent administrative board and commission, shall maintain a central office at Harrisburg, in rooms assigned to it by the Governor. The head of any department, or any independent administrative board or commission, may, with the approval of the Governor, establish and maintain, at places other than Harrisburg, branch offices for the conduct of any one or more functions of such department, board, or commission, or of any departmental administrative or advisory board or commission in such department.

What Grell is threatening to call for is a removal of capital business in the capital city through an amendment to the Administrative Code. While his logic is to thwart the controversial “commuter tax,” his suggestion to amend this Administrative Code is much more complicated than just moving office space. It’s moving centralized organization.

Ironically, in 1999 when the Pennsylvania House Finance Agency agreed to purchase AMP’s buillding in Lower Swatara Township, thereby leaving the City of Harrisburg, Senator Jeff Piccola fought the move and threatened to pass law to prevent it. His argument? A state agency such as PHFA shouldn’t move to the suburbs and take suburban property of the tax roles at the same time as removing jobs from Harrisburg. No law was enacted as Piccola and then-Mayor Steve Reed persuaded PHFA to relocate to its current home at 211 N. Front Street.

8/7/11: Representative Glen Grell (R) has declared that he may seek repeal of a law that requires state agencies to be located in Harrisburg. 

Both The Patriot News and WHTM 27 reported this declaration of Grell’s, yet what neither news agency has presented is what law is Grell looking to repeal?

In 2000, the PA Downtown Location Law (2000, P.L. 318, Act #32) was passed and requires “the Department of General Services (DGS) to establish guidelines to encourage State agencies to locate in downtown areas” (DEPARTMENT OF GENERAL SERVICES DOWNTOWN LOCATION LAW GUIDLEINES STATEMENT OF POLICY). This law is applied across the Commonwealth of PA, not just in Harrisburg.

Unable to locate another, this seems to be the law Rep. Grell is looking to repeal. If it is indeed the law he’s referring to, it’s very important to acknowledge that the capital city of Harrisburg won’t be the only one affected by any repeal to this law. Downtowns across the state would be affected, too. Unless of course, like Senator Piccola attempted with SB 1151, Rep. Grell will look to narrow his repeal to only affect Harrisburg. Of course, at that juncture, there will undoubtedly be Constitutional issues.

Another matter at hand is that Grell’s party colleage, Senator Argall, original sponsor of the PA Downtown Location Law, has introduced and been working on legislation to strengthen the law. In 2010, Senator Argall put forth Senate Bill 276, which will give greater strength to DGS to deny requests by state agencies to locate outside of downtown areas. In June 2011, SB 276 unanimously passed the Senate’s Community, Economic, and Recreational Development Committee. In a recent press release, it was stated that this is “a bipartisan effort to assist job growth in Pennsylvania’s downtowns.” (Senate Bill 276)

Again, though, it has yet to be cited exactly what “law” Grell is thinking about trying to repeal. At this point it is a vague threat to the City of Harrisburg. Another one by certain elected officials. 

• The Patriot News–“Rep. Glen Grell looks to repeal law locating state agencies in Harrisburg”
  
• WHTM 27–“Pa. lawmaker studying move out of Harrisburg”

7/18/11: Who is Robert Philbin? 

He is the now-hired Thompson Administration Senior Advisor to the Mayor/Communications Director. He officially came into this position on May 31, 2011 after a 90-day $9,750.00 consulting contract. 

When Robert Philbin was contracted by Mayor Thompson, pretty much all the public was told about him was that he is “a communications expert” who ran his own company, Robert Philbin Associates LLC.

A visit to Philbin’s Linked In page, corroborated his proprietorship: Philbin Public Profile.

It was amusing, to say the least, to see Mayor Linda Thompson’s nemesis, the former Mayor Stephen Reed, listed as a reference on Philbin’s company site. Reed & Philbin worked together back in 2004 when then-Mayor Reed launched the Harrisburg Urban Studio as part of the Harrisburg Urban Initiative (HUI). Robert Philbin was director of the Urban Initiative and the Urban Studio Task Force coordinator:

• “Task force to tackle urban changes”
• “Nauman Smith Attorney Joins the Urban Studio Construction Products Committee”

Also, Philbin currently is the Secretary of the Board of Directors for Reed’s baby, the National Civil War Museum.

What isn’t referenced on Robert Philbin Associates site nor his Linked In profile is Philbin’s previous position with Hershey Philbin Associates, Inc where he was senior partner and CEO.  The company was a Camp Hill based advertising/public relations/communications agency.

It is not clear why Hershey Philbin Associates, Inc. dissolved, but it seems that sometime in 2008/2009, after at least a decade in business, the firm closed and soon after, Robert Philbin Associates, LLC was established. Hershey Philbin Associates clients included:

• “BRINJAC ENGINEERING SELECTS HERSHEY PHILBIN ASSOCIATES AS AGENCY OF RECORD”
• PA State System of Higher Education Contract

The question has come up, does Robert Philbin have experience in politics? The answer is yes, Philbin does have political experience. In fact, Philbin has significant experience working with politicians that need public relations makeovers, such as Linda Thompson.

In 2006, amidst the controversy of the legislative pay raise, Philbin was hired as PA House Speaker John Perzel’s spokesman.

• The Philadelphia Inquirer–“Perzel fixes up image on Pa.’s tab Stung by PR gaffes, the state House speaker hired an outside consultant at a cost of $5,000 a month.”
• Pittsburgh Tribune Review–“Politico’s next step: praising Christmas”

Not only does Robert Philbin have experience in politics but it seems he as political aspirations. In 2009, Philbin attempted to become an elected official himself by running for Cumberland County’s Recorder of Deeds.  “Tech change, speed becomes issues in recorder of deeds race”

And last but not least, Philbin was/is the editor of Plain Truth (version 1);  Plain Truth (version 2), an on-line political news and commentary blog, specifically focusing on PA’s 19th District. That’s right, the Mayor’s Senior Advisor may just very well be a “pathetic blogger.”

At least this gives Harrisburg and the region a bit better idea of who the Mayor’s right-hand man is, especially when he was so bold as to write this: “In Harrisburg if you’re not part of the solution, you’re the problem.”

My only question is with so much communications experience, shouldn’t Philbin be seeing to it  that the City of Harrisburg has a better website? (never mind the intern excuse, sir….we want department phone numbers–“Harrisburg’s infrastructure suffers amid financial crisis …“)

Twitter faux paux I can forgive him, but not the website.

Oh, and one more question—is Philbin still operating Robert Philbin Associates now that he has this full-time $77,000/year gig with the City of Harrisburg? The list of duties seems time-consuming:  Senior Advisor to the Mayor/Director of Communications Description

7/14/11: What does this Bill signed into law on July 7th mean for Harrisburg? 

In regard to 3rd class cities, “City council may, at its discretion at any time, by ordinance, enacted by a majority vote of all members elected to council, create the office of city administrator or manager and may in like manner abolish the same.”  The Act 47 Plan calls for the hiring of a Business Administrator/Chief of Staff. Throughout the Plan, this position is repeatedly named as a “Responsible Party” in the implementation of recommended initiatives. Even aside from the Act 47 Plan, the City of Harrisburg could use a skilled manager. Does this bill raise the question, who should do the hiring and who should the Administrator answer to—Harrisburg City Council or the Mayor?  Senate Bill 830

7/7/11: The Act 47 Plan will be here tomorrow, Friday July 8th. 

The Patriot News has reported that the Act 47 Coordinator will present the revised (if revised) Plan to the Mayor at 9am on Friday, then present it for public view at 10am. The paper also reported that the Plan will be presented to City Council at 3pm in a “private session.” Unfortunately, what the Patriot didn’t explain is what is meant by “private session,” nor was a source given for this bit of info. Who called for a “private session” of City Council? And how does such person(s) expect to get around the PA Sunshine Act for such a “private session?” Also of curious note is the Patriot‘s statement that City Council is expected to vote on the Act 47 Plan on Tuesday July 12th. Again, a source of this statement would be helpful. Who is calling for such a rushed vote 4 days after the revised Plan is presented? Was it City Council President Gloria Martin Roberts? The “who“ here is important. I think many of us in Harrisburg would like to know “who ” expects City Council to make such a monumental decision in 4 days. To be sure, the Plan won’t be substantially shorter than the 418 page draft we’ve already seen and who knows how much adjustment will need to be studied & analyzed. City Council has until July 23rd to take action on the Plan. Let’s hope our elected leaders use more of the time they’re given. The Patriot News– “Harrisburg’s final Act 47 plan to go public on Friday“

7/1/11: SB 1151 put on hold until the Fall but SB 907 passes with the Amendment. 

Third Class cities in Pennsylvania that are designated “distressed,” i.e. in Act 47, may not file for Chapter 9 Bankruptcy protection. Despite what the Act 47 Statute states. 

6/30/11: If the sources are good and horses don't change in midstream, then SB 1151 won't be considered until the Legislators come back from break.....in September. But SB 907 has been amended in the House. SB 907 deals with PA Fiscal Code and the amendment passed calls for no Ch 9 filings in PA Third Class cities or else they lose state funding. Since the amendment passed in the House, it must go back to the Senate for vote. By the end of the day, though, the Senate is gone for the summer. Can it happen in time? For who will the timing be perfect? 

The Amendment to SB 907:

FINANCIALLY DISTRESSED MUNICIPALITIES

SECTION 1601-D.1.  ADMINISTRATIVE OVERSIGHT.

(A)  SCOPE.‑‑THIS SECTION APPLIES TO A CITY OF THE THIRD CLASS WHICH IS DETERMINED TO BE FINANCIALLY DISTRESSED UNDER SECTION 203 OF THE ACT OF JULY 10, 1987 (P.L.246, NO.47), KNOWN AS THE MUNICIPALITIES FINANCIAL RECOVERY ACT.

(B)  LIMITATION ON BANKRUPTCY.‑‑NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING SECTION 261 OF THE MUNICIPALITIES FINANCIAL RECOVERY ACT, NO DISTRESSED CITY MAY FILE A PETITION FOR RELIEF UNDER 11 U.S.C. CH. 9 (RELATING TO ADJUSTMENT OF DEBTS OF A MUNICIPALITY) OR ANY OTHER FEDERAL BANKRUPTCY LAW, AND NO GOVERNMENT AGENCY MAY AUTHORIZE THE DISTRESSED CITY TO BECOME A DEBTOR UNDER 11 U.S.C. CH. 9 OR ANY OTHER FEDERAL BANKRUPTCY LAW.

(C)  PENALTY.‑‑IF A CITY SUBJECT TO THIS SECTION FAILS TO COMPLY WITH SUBSECTION (B), ALL COMMONWEALTH FUNDING TO THE CITY SHALL BE SUSPENDED.

(D)  EXPIRATION.‑‑THIS SECTION SHALL EXPIRE JULY 1, 2012.

6/24/11: On Thursday, June 23rd

The Senate placed Senate Bill 1151 into the Senate Appropriations Committee. Some debate & curiosity why it won’t visit Senate Local Government Committee, but it probably doesn’t matter since this thing seems to be on the fast-track to become law and has the Corbett Administration’s approval. At a press conference on Wednesday, James Roxbury asked Corbett if he would sign SB 1151 and he said, “If it makes it through the legislature, would I sign it? Yes.” Has he had conversation with Mayor Thompson? “No,” was Corbett’s reply. The PA Senate’s in recess until 4:00pm on Sunday. No more action on this until at least then. Well, no action on the public stage, although it sure does seem there is much going on behind the scenes to get this Bill through both the Senate and the House by mid next week before the Legislators go on summer break.

 

6/23/11: On Wednesday, June 22nd.

he Senate Community, Economic, and Recreational Development Committee, Sen Jane Earll Chair votes in favor of Senate Bill 1151. 10-4, along party lines.  Now it goes to the Senate. 

6/22/11: Bill 1151 gets scheduled for review 

Senate Community, Economic, and Recreational Development Committee, Senator Jane Earll. Off the Floor on Wednesday the 22nd. What’s that mean? It means we don’t know when the meeting will happen exactly. We just know it will happen at one point during the day.  

Plus, Piccola has proposed an amendment to the bill. He continues to tweak it as he gets ready to present it. See the amendment: Amendment to SB 1151

6/20/11: Piccola's Proposed State Takeover of Harrisburg. Click to read Senate Bill 1151

In the case that a 3rd-class city fails to adopt and/or implement a Coordinator’s Act 47 recovery plan,

• A 3-person “management board” would be established to implement the Coordinator’s plan

• Two members of the 3-member board would be appointed by the governor and one member would be appointed by the county commissioners.

• Powers of the management board include power:
  • to change the Coordinator’s Plan
  •  to negotiate inter-governmental cooperative agreements
  • to identify assets for sale/lease & to direct the sale of assets
    • if any board member of an authority attempts to impede the sale/lease of a city asset, then the management board can remove a member and appoint a new one

• If a management board is in place, then a city cannot enter into contracts and collective bargaining agreements without the approval of the board
  • adjusts the process of arbitration in collective bargaining agreement disputes, most specifically in regard to the Policemen and Firemen Collective Bargaining Act

• Any city under control of such a management board would not be permitted to file for Chapter 9 municipal bankruptcy

6/15: Piccola’s Press Release

6/13/11: Harrisburg's Act 47 Plan & Executive Summary (from the PA Dept of Community & Economic Development site):

• View Harrisburg’s Act 47 Recovery Plan filed June 13, 2011
• View Harrisburg’s Act 47 Executive Summary
  

6/13/11: Reading's Act 47 Plan. Will ours be anything like theirs?  City of Reading's Municipal Recovery Act  Recovery Plan. Filed May 28, 2011, prepared by Public Financial Management. 

Another point of comparison: Lancaster City task force report: “Prosper or Perish”

6/13/11: Some archived essays about Act 47 and the like. 

11/5/10: The Fifth of November

10/27/10: Five Firms. Few People

10/26/10: Act 47, what’s going on with that?

10/20/10: A Game Changer

10/15/10: With The Right Tools

10/01/10: Bankruptcy In TheBurg

6/11/11: Let the cramming begin.

The Act 47 Plan will be presented to Harrisburg on Monday, June 13 @ 6pm in a special City Council session. The plan is sure to activate a fervent discussion on  taxes, sacrafice, & the lease/sale of City assets, most especially, our parking system. So, let’s starting doing our homework.  The more informed we are, the better we can participate in this monumental task of righting Harrisburg’s financial future. 

• HPA Appraisal Report: Part 1
• HPA Appraisal Report: Part 2
• HPA Appraisal Report: Part 3
• HPA Appraisal Report: Part 4
• Report of Valuation of Property: Chestnut Street, Walnut Street, & Fifth Street Garages

6/8/11: On Monday, June 6th, Mayor Linda Thompson spoke at the Friends of Midtown (FOM) Citizens Foot Patrol orientation.  "I am in control of this ship."

Her appearance was a surprise to Friends of Midtown who had met with her back in mid-May & had indeed gotten her Administration’s support for the community policing initiative, which they first launched in April. While the May 27th news release from FOM announcing the orientation was billed as a “joint press statement” of FOM and the City of Harrisburg, it wasn’t until Monday morning that the Mayor announced she would speak at the meeting that night. Arriving about 10 minutes late, she took the mic, read an adequate scripted statement, then embarked on a Linda Thompson digression. It was riddled with slights and inaccuracies about the City’s Midtown. As is typical whenever she speaks of Midtown, she depicted Midtown Harrisburg as an uninterrupted place of privilege and prosperity the likes of which can be seen no where else in the City, especially compared to South Allison Hill. It’s a comparison she made several times during her digression and one we’ve heard before, a dangerous one as it implies an “us” and “them” attitude about our City residents and neighborhoods.

While Midtown has energetic examples of urban renewal, it shares many of the same traits, characteristics, hopes, and problems of neighborhoods around the City. As one Midtowner who has travelled outside of the Downtown and Midtown areas (a question LT posed to the crowd), I can assure you there are pockets of betterment and challenge everywhere in this City. Yes, even in Allison Hill. South Allison Hill must stop getting perceived as bad and Midtown as good. This is especially harmful coming from the City’s Mayor who should be taking every opportunity to exalt the positive things across the City and uniting residents in our challenges. No blight, absentee landlords, or abandoned buildings in Midtown, Mayor? Puh-leeze. We all share similar problems; we’re all in this together–each and every resident, business, and neighborhood.

Despite Mayor Thompson claim she doesn’t read the Patriot News (although she never fails to refer to it’s disparagements against her), it would be worthwhile for her to read this June 4th op-ed from Steve Swartz of Allison Hill: Allison Hill, Harrisburg: Let’s focus more on the positives.

Oh, and don’t think she didn’t take the chance to use the stage at the FOM meeting to talk about the rumors and nonsense directed against her. She did. Then she left.

Roxbury News videos of the meeting:

• “Linda Thompson__crime watch 1″
• “Linda Thompson__crime watch 2″
• “Linda Thompson__crime 3″
• “Linda Thompson__I’m in control of this ship.”

6/6/11: The Sunoco/A-Plus at the corner of N 2nd & Maclay Streets

Controversy. That’s what’s been surrounding this place. For months. If you haven’t heard of the controversy, it’s probably because there is so much controversy in Harrisburg that this one was merely overlooked. But some haven’t been overlooking it, most notably the Harrisburg Planning Commission, the Zoning Hearing Board, Harrisburg Architecture Review Board (HARB), the owners and representatives of the Sunoco/A-Plus, Harrisburg City Council, the Harrisburg Historic Association, and various residents in the Uptowne Neighborhood who have opined on the situation, including it’s been said, people from the Governor’s Residence which is located right across the street from the Sunoco station.

Sunoco, Inc. desires to demolish the existing structure and rebuild–same basic concept of gas pumps and convenience store, same structural orientation. The whole facility would be bigger (4 gas dispensers & a larger store) and the store would move to the back of the lot instead of in the middle. Overall, the practical intention of Sunoco seems to be more up-to-date facilities, more capacity for more business. According to the report, the existing structure is 55 years old.

So what’s the controversy? The design. What should an urban gas station/convenience store look like on a designated historic district corner at a gateway to the City, across from the Governor’s Residence?

Sunoco has a very specific idea–it would like to use a template it relies on for such development with a few architectural tweaks to placate the historical argument, such as a Quick-Brik facade instead of concrete and possibly a peaked roof. HARB has tsked-tsked it stating that the Sunoco, Inc design plan doesn’t fit into the historical context of the area, specifically with the Governor’s mansion right across the street. The staff of the Harrisburg Bureau of Planning has produced some alternative designs. 

HARB would like to see the wrongs of development past be righted and new standards and aesthetics be considered for Harrisburg’s development future. Sunoco doesn’t see the point.

Sunoco has analyzed the alternative designs and has come back with a list of negatives for each of them. They deem them impractical and want what they have proposed. They’d like to begin demo as soon as possible.

The official recommendations have been made, the arguments recorded. Now it all comes before Harrisburg City Council for a public hearing and Council vote. The Resolution to deny the Sunoco proposal was on the docket a few weeks ago, a Sunoco rep came to a City Council session to ask them to vote against the denial. It got put into the Building and Housing Committee and there it sits waiting for public hearing and discussion, which starts tomorrow evening, Tuesday June 7th @ 5:45pm, City Council Chambers.

Come observe & join the discussion. Or if you can’t make it, be sure to contact Building & Housing Committee Chair, Brad Koplinksi, with your own recommendation before the Legislative vote. 

Bradkop@yahoo.com

For more specifics on the Sunoco proposal, HARB’s recommendations, as well as the four designs:  

• Planning Bureau Report
• Designs
• Sunoco Design Evaluations
• HARB Resolution to HBG City Council

6/3/11: @cityofhbg2

In a morning tweet yesterday (not even 10mins after I tweeted a link to the commentary below from 6/1//11), @CityofHbg asked its media audience to “@cityofhbg2 - Please promote this account as the new unblocked account for all to follow the city of Harrisburg.”

That was it. The tweet acknowledged the account, declared it nonexclusive, and requested follow.

No tweets from the “new unblocked account,” just a tweet from @CityofHbg announcing @cityofhbg2. This message went out to 22 followers, all media. No formal statement or press release like when @CityofHbg was born.

Needless to say, the Thompson Administration isn’t overly pushing the new public twitter account. Not yet at least. It’s my hunch they haven’t exactly come up with a plan what to do with it and how to use it.

After meeting the City communications intern Blake Lynch yesterday at the 911 Dispatch Center transfer press conference, I imagine the Thompson Administration will (and should) hold off on going too gung-ho with twitter. As introductions were made, I assured Mr. Lynch my chiding comes with good intentions. He nodded and said, “I only do the twitter thing part of the time. I have so many things to do.”

Twitter presence is a commitment, and without a solid plan and approach, it could quickly (and embarrassingly) become a great burden for an already burdened City Administration.

Mayor and company, if you would like help coming up with a twitter plan, please don’t hesitate to contact me todaysthedayhbg@gmail.com, and I mean this sincerely. I definitely have some helpful pointers, especially if you’re going to attempt to tweet from two accounts, both with the same icon and with user names so similar. Accidents and confusion waiting to happen.

This can be such an effective thing, this twittering….it can also turn into a mess if not executed well. And we all know that’s the last thing the Thompson Administration needs, a mess, especially a communications one.  

6/1/11:  @CityofHbg 

It’s been one month since the City of Harrisburg began it’s Twitter “test.”  It was a closed experiment, only open to “media.” In order to follow @CityofHbg tweets, a request had to be sent to the City’s Social Media Intern, Blake Lynch (no, he isn’t being paid), and “an active reporter” had to be certified “bona fide,” to get in.

Once in the “closed system,” the following message was relayed:

Now that you have elected to “follow us”, you will receive up to the minute updates on important information about the City such as:

- Important press conferences or gatherings concerning the press

- Reminders of current and pending City events

- Various community projects or business gatherings

- Photographs and short videos of activities

- Brief timely messages from the Mayor

- Real time breaking news, emergency alerts and updates.

In one month, 27 tweets were presented. Nine picture-tweets of early May flood waters and late May fallen trees; seven live tweets from a press conference (which most of @CityofHbg followers were at); six Mayor whereabouts-tweets; three press conference tweets (2 of which came in 10-15 minutes before the pressers being announced); and two random public announcement-like tweets about Armed Forces week. 

No tweets about or links to Harrisburg City News posted press releases; no emergency contact information to be disseminated; no public meeting announcements; no helpful instructions or reminders as the storm and holiday weekend came upon us; no interaction.

27 tweets in a month. Tweets not very consistent. Tweets not necessarily media-focused. Tweets not very useful.  

It seems the concept the Thompson Administration was going for was to use twitter like a walkie-talkie with media. Who, what, when, where, kinda thing. And actually, if coordinated well with meaningful messages from various City of Harrisburg departments and agencies, this could work. But it wasn’t done this way, so the whole “closed system” approach ends up not making much sense.

If the City is going to continue to use twitter—which I think it should—my suggestion is to come up with a plan. Research other government personalities/agencies using twitter. Read articles about twitter and governments (here’s an interesting one: Twitter In Government Agencies: Best Practices | Social Government). Open it up to the public. Or if it’s for media only, then at least do the obvious–begin tweeting links to the Thompson Administration’s press statements as they are posted on the City site.

In the past week, another government agency has joined the twitter realm—the Harrisburg Authority:  @TheHbgAuthority. The goal of THA tweeting is to begin a consistent feed—one to two tweets each business day—of important announcements and pertinent updates as well as educational tidbits about our trash, sewage, and water systems. Shannon Williams, the acting executive director of the THA is enthusiastic about the venture saying that she hopes “to provide a good public voice for THA and resource for the public.” 

A twitter plan. The best way to have success with it. And the best part about THA on twitter? Anyone can follow their tweets.

Hopefully, over the past month the City of Harrisburg has learned a thing or two about utilizing twitter. It’s an effective tool of information and communication if deployed deliberately and dependably. Interestingly enough, the City of Harrisburg has two twitter accounts: @CityofHbg and @cityofhbg2. The second one has no lock on it….anyone can follow. There haven’t been any tweets, yet, from this second account. However, maybe they’ve been saving it. Maybe now that the trial is over, this second account will be used and open to everyone to join @cityofhbg2 for public announcements, updates, reminders, info, and interactions.

The City of Harrisburg on twitter…..all are welcome!

That’d be nice