Water War Continues

Although the people's ballot initiative against the water lease is off the table, the water war continues. In order for the Lehigh County Authority, aka LCA, to bid on the Allentown lease, their charter must be extended by the County Commissioners. Yesterday, an editorial by Lisa Scheller, outlined the conservative slate's attitude about the lease. They believe that a private company would best suit the needs of county residents, otherwise, county residents would be subsidizing Allentown's pension dilemma through higher rates. Although her points are well taken. because LCA purchases water and sewage service from allentown, down the long road of a fifty year lease, all citizens of Lehigh County could be at the mercy of a private company. Putting aside Allentown's pension situation, I think that in the long run it would better serve county residents if this asset is under local control. Although a private company would have to honor long term contracts that exist between Allentown and LCA, they will pass along the capital improvements, one way or another.  All LCA water is looped through the filtration plant in Allentown, regardless of where it originates. LCA has not been the perfect steward of water.  Rob Hamill, who has guest posted on this blog, blames them for fostering over development in Lower Macungie, and sewage woes along the Little Lehigh. Never the less, valley residents will have more control and accountability from the local entity LCA, than some multi-national corporate conglomerate headquartered in Europe.

Petition Group Throws In Towel

The citizen group which organized the petition against the water lease has thrown in the towel, with the following release:

Greetings,                                                                                                                                As reported below in the Express-Times, the wording in Allentown's Home Rule Charter regarding referendum initiatives is incorrect for those initiatives that seek to amend the charter. It turns out that referendums specifically seeking to change the charter must follow state rules and not the rules contained in the charter. While the referendum is dead, your efforts were not in vain. Through your efforts, those who collected signatures and those who otherwise worked on this campaign we collected some 4,500 signatures. Combined, we are a major force that can effect change. Five sitting City Council members are running in the Democratic primary May 21-- Cynthia Mota, Ray O'Connell, Julio Guridy, Jeff Glazier, and Joe Davis. All have voted numerous times against our efforts to slow or halt the march toward privatization. There are five challengers wanting their seats. We, you have to let those in office know that we will vote out of office any council member that continues to support privatization.                                                                                  ~Citizens for Allentown Water

The group made a strategic mistake by wording the petition as a charter change, rather than a simple ordinance against the unpopular lease of our water system. They felt that by pursuing the charter change they could save the water system, and prevent the Administration from selling off additional assets in the future. If I had expended the energy that they did on gathering the signatures, I would pursue this rejection by the election board in the courts.  My title, Throws in Towel, might be a bit harsh.  If the group does succeed in making council members more responsive to the wishes of the public,  their efforts were not totally in vain.

Disenfranchising Allentown's Voters

You have asked us to review documents you received from the City Clerk, Mr. Michael P. Hanlon. Mr. Hanlon writes in his letter dated January 10, 2011 to you: Thus begins a nine page opinion to deny the voters of Allentown their rights

Colin McEvoy of The Express Times reports that the people's petition, opposing the lease of Allentown's water system, will not appear on the ballot in May. Apparently, the County did not receive the petitions by the required deadline. Initially, the signatures on the petitions had to be approved by Allentown's City Clerk. He was instructed by the city solicitor to employ stricter guidelines than had been previously employed on ballot questions. To my knowledge, the city was in control of the petitions after their approval. Although the solicitor claimed previously unknown knowledge on the rules concerning petition circulation, and placed obstacles in the way, it seems that for some reason he was less versed on the required timelines. If the failure to deliver the approved petitions to the county, in a timely fashion, ultimately rests with the city, or the petition organizers, remains unclear at this time. At any rate, it's apparent that over 4000 registered voters of Allentown are being disenfranchised in their right to challenge the water lease.

UPDATE: From I have have been able to cobble together this morning, the same procedure was followed as was utilized on the successful Rental Inspection Ballot Initiative of 1998.  It appears that the head  of the Election Office, Tim Benyo, ruled that the city procedures were not in conformity with state law.  One would think that the previous ballot initiatives would constitute a precedent.  Poresky and his petition committee should certainly legally challenge Mr. Benyo's interpretation.   I must also wonder why Mr. Benyo didn't inform the petitioners that they were not in compliance in a more timely fashion, allowing recourse on their behalf.  These obstacles,  now on both the city and county level,  have the appearance of being  politically orchestrated.

UPDATE 5:00PM:  I have managed to secure a copy of the legal opinion written by the County Solicitor.   In 1998 a local landlord challenged the Rental Inspection Ballot Initiative, and the City Charter procedure was upheld by the court.   The solicitor bases his opinion denying this ballot question on the fact that unlike 1998, this question deals with a  change in the city charter, not just an ordinance.   Apparently Mr. Benyo sought the opinion of the solicitor:  WHY?  Who or what motivated him to question Allentown's referendum procedure  now, on this question?  As a layman, the opinion justifying the rejection of the ballot question appears laborious and meager.  Hopefully, the petitioners will seek legal recourse.

Eccentric or Incompetent

What's the difference between being eccentric and incompetent? Money. If you're wealthy enough, you're eccentric, as opposed to the poor people, that we call freaking nuts. Last week the valley learned that Linny Fowler, long time patron of many respectable valley organizations, gave some couple over a $million dollars, hundreds of thousands for dental care alone. That couple now faces criminal charges. I suspect that the same lack of discretion was in place for years, and that many worthwhile groups benefited from her deteriorating health and decision making. Don't expect them to be indicted.

Allentown, A Town Without Pity

One can imagine the anonymous newspaper comments concerning the confrontation between the machete wielder and the police; One more problem removed from Allentown, and worse. The comment sections have never been a bastion of compassion. The tragedy raises some questions about both the perception and priorities of Allentown. I maintain that potential arena patrons are more concerned about machetes and shootings, than which corporation's name is under the ice at the arena. Although about $600 million in new bricks is being planned in center city, every aspect of public and human service has been cut to the bone. By the end of the year, we will virtually have a new police department, without the normal graph curve of experience. Under the infamous hyper-pension contract, half the force ran out the door. Those induced to remain, the top brass, are all exiting this year. Meanwhile, back on the streets, the sociological changes to Allentown have not been kind. Center city continues to be populated by a poor element, in dire need of various services. The Confrontation showed the catch 22 of our current mental health system; Assistance isn't available until after a problem occurs. I believe that the realities of Allentown require new priorities. I'm not motivated by kindness, but by practicality. Both the police and health department will have to become more pro-active about behavioral issues, to protect both the public and private investments in this city.

The Hard Streets of Allentown

I've been bothered by the shooting of Saturnino Perez De La Rosa. It's easy to dismiss him as a machete wielder, as I did earlier today. In reality, he was a father, and a man with mental problems, whose family tried to get him help this week. I'm reluctant to second guess the police who responded to a situation. I will say that for a family trying to get help for a loved one, it must be difficult to accept his death, one day later, by 13 bullets. This aspect of the story, and the picture of the man, was presented this evening by Colin McEvoy, of The Express Times.