Answers to Questions raised at July 11 Commissioners Meeting

At the July 11 meeting, I asked 7 specific questions about the Township.

Shortly thereafter, Acting Township Manager Larry Gentile provided the answers below, and we had a follow-up conversation to clarify a few items. Board President Steve D'Emilio also followed up to make sure I had received answers to my questions. I specifically asked Mr. Gentile about publishing his answers, as my questions were asked in a public forum, and he told me it was okay to do so.

Thanks to Mr. Gentile and Commissioner D'Emilio for providing the information.
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Q1. Now that the year is half over, where do we stand on the township budget? Are we on track, ahead or behind? If we are behind, what steps are being taken to address the problem?
A1: The budget reports ending June 2007 indicate that we are slighting over budget due to several unexpected issues, such as emergency road repairs, emergency sewer repairs. However, over the past few months, with the support from the Board of Commissioners, I have instituted new policies and best practices to control spending and to provide a more cost effective service to our community. Some example of this are: Reducing overtime by requiring all Directors to receive pre approval, reduced telecommunication expenses by 40%, implemented a new fuel management system for all municipal vehicles (was able to find over $45,000 savings), instituted a time and attendance system, and several other management initiatives to operate our municipal services in a fiscally responsible manner.
Follow-up: Mr. Gentile indicated that a sewer repair problem that occured the night of the Commissioners meeting on July 11 will cost the Township approximately $200,000.

Q2. Are there any lawsuits against the township right now? What is the nature of these lawsuits, if any? And what is the potential liability to the township of these lawsuits?
A2: Presently we have one lawsuit involving an HR issue. There are few minor suits that have been ongoing for the past few years that I do not believe have any serious liability for the Twp. I would suggest that you speak with Jim Byrne at the Commissioners meeting and he can provide a more detailed response to your question.

Q3. $25,000 was authorized at last month’s meeting for a feasibility study to look at acquiring the former gum factory property. What actions are in place or planned for this work?
A4: $25,000 was authorized last month to perform a feasibility study and Lori Hanlon-Widdop is currently preparing an RFP for the project.

Q4. I attended Commissioner Moran’s preliminary hearing last week and heard testimony from the former township manager that Moran directed him to move employees and/or hire employees. What is the Township’s policy on hiring, promoting and moving employees and advertising positions?
A4: The Twp’s policy on employment is detailed and MaryAnn DelPizzo is mailing this out to you today.
Follow-up: Ms DelPizzo sent this to me promptly.

Q5. What is the Township’s policy on hiring friends and relatives? What constitutes a conflict of interest?
A5: Haverford Township presently does not have a policy on hiring family or friends. However, it is common practice for business not to allow the hiring of family members within the same department. No dept. director or manager should ever be directly responsible for a family member. I have the HR Dept researching policies relating to this issue. In addition, the entire employee policy manual was recently revised and is being reviewed for any potential corrections.

Q6. I’ve heard that a new position of Recycling Director was established a few months ago. Is this the case? Was this position planned in last year’s budget? Is there a job description for this position? Was this position publicly advertised so that the township could get the best available person for the job? Or was this position created for the former head of Public Works? Is this employee a friend or relative of Commissioner McGarrity, and was McGarrity involved in this decision? With an estimated annual cost in salary and benefits in the $100,000 range, the public has a right to know.
A6: There is no such position as Recycling Director or Recycling Coordinator. Mr. Falance was reassigned by Mike English several months ago to review the recycling program and to determine a method to improve the process and reduce operating cost. Presently Mr. Falance is meeting with all Twp. businesses and developed a mailing that is also sent out to all businesses relating to recycling initiatives. Mr. Falance has been extremely successful with obtaining additional grant monies by improving our recycling program. It is important to note that the position was not posted because it is only a reassignment and not a permanent position.
Follow-up: In the follow-up phone call, Mr. Gentile confirmed that this assignment was not in the budget for 2007.

Q7. I’ve heard that a Highway Inspector position was filled a few months ago. Is this the case? Was this position planned in last year’s budget? Was this position publicly advertised so that the township could get the best available person for the job? Is this employee a friend or relative of Commissioner McGarrity, and was McGarrity involved in this decision? Again, the public has a right to know how our tax money is being spent.
A7: There was no Highway Inspector hired during my few months as Acting Manager. The only positions recently posted and advertised were a codes enforcement officer and a staff accountant. Both positions were advertised internally and externally. The codes enforcement officer was filled after the Dir. Of Codes performed here assessment and recommendation. The staff accountant is currently unfilled. Both positions are budgeted.
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My comments:

The former director of Public Works was moved from these duties and given a special assignment regarding recycling. I believe that Mr. McGarrity was involved in these personnel decisions and that Mr. Falance is a friend of Mr. McGarrity. Regardless of any after-the-fact performance, a huge cost was added to the Township's expenses to create this position. And this expense was not in the budget for this year. This is exactly the kind of interference, favoritism and cronyism that I pledge to fight against. And it again points out the need for better fiscal oversight.

The lawsuit (mentioned above) against the Township is another situation where a friend of Mr. McGarrity was given a position at McGarrity's behest. As a result, the Township is responsible for legal fees and the potential liability of the lawsuit. Again, the result is a direct cost to the Township and its taxpayers.

It's time for this "business-as-usual" with its favoritism and cronyism to stop. We can't afford it! As taxpayers, we need to know that our hard-earned money is being spent more wisely.

Business Revitalization - Planning Commission Consultant's Report on Eagle Rd and Haverford Rd

The Planning Commission held a meeting on June 12, 2007 to review the final recommendations from consultant Thomas Committa Associates. Mr. Committa described improvement plans for the Oakmont Village/Eagle Road Corridor and the Haverford Road Corridor.

Downloads, all in PDF format:
Committa report cover sheet
Eagle Road Plan (1 MB)
Eagle Road Map (1.2 MB)
Haverford Road Plan (1 MB)
Haverford Road Map (1.2 MB)
Note: the Plans and Maps were provided on 11x17 paper, so I cut them in half to create the PDF files for posting here. If you want the original effect, print them out and paste the pages together.

The Eagle Road plan calls for a more pedestrian-oriented experience. Since the storefronts are typically set back from the street and fronted by parking lots, Committa suggests a promenade for walkers in front of the stores. He recommends more crosswalks, wider sidewalks, parking to serve multiple business, more attractive street-scapes, and better use of existing alleys for service lanes.

The Haverford Road Plan focuses on parking and pedestrian accessibility.

Both plans have suggestions on creating gateways at prominent endpoints, improving appearance, landscaping and signage.

Geography:
The Oakmont Village/Eagle Road Corridor is from Eagle and Lawrence near the gum factory, across the Darby-Eagle intersection, to the former Oakmont School, also including the triangle of land where the Township Administration building is.

The Haverford Road Corridor runs from W. Hathaway Lane near the SEPTA R100 station, through the Haverford and Wynnewood intersection near the bridge, to just past the intersection where Haverford Road splits off to Karakung Road by the bowling alley.

Haverford 911 Dispatch info

At the July 9 Commissioners meeting, Commissioner Tom Broido, in his role as chair of the Finance Committee, presented a report on the use of local dispatchers for 911 calls. This information was provided to all the Commissioners and copies were available to the public.

You can download and view the report (PDF).

Check the agenda for the next meeting to see if there will be a discussion or action on this report.

July 11 Commissioners Meeting

Recap of major actions of the Board of Commissioners at the meeting of July 11, 2007:

• Promoted Tim Denny to Assistant Township Manager/Haverford Reserve. Mr. Denny also remains as Director of the Parks and Rec department.
• Hired John Primus as the new Public Works Director.
• Approved the Cable Advisory Board to proceed with procuring the software and services need for a new township website.
• Passed the first reading of the Rugby Road zoning ordinance, changing the south side of Rugby Rd. from R-4 to R-3. This would prevent a new development in that area.
• Approved the purchase and installation of a new scoreboard at the Skatium for $14,083.
• Tom Broido submitted a report on the feasibility of maintain the locally-staffed 911 dispatch system. <-Click link to open report (PDF).

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Township Website / Haverford 311
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On the agenda items, I spoke in support of acquiring the new software and services to create and maintain a first-class township website. The provider of the packaged solution is eGov Strategies, a company that specializes in municipal websites. Check out the Radnor Township Website to see how our neighbors are utilizing the eGov content management system tools to create a robust, informative website.

Is this Haverford 311? The eGov system provides about 80-90% of the functionality that I talked about in Haverford 311 when I first brought this up 1 1/2 years ago. Call it whatever you want, this would be a huge upgrade over the current website and very good for our township!

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Questions
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At this meeting I raised a number of questions in the Citizens Forum. Here's a recap of the questions:

Recreation center questions:
What is the process for making the decision on this center?
How accurate have Ballard’s previous projections been in our geographic area and other areas?
What's the range of Ballard’s projection outcomes? Have they provided forecasts that were +/- 5% or +/- 50%?

Township questions:
1. Now that the year is half over, where do we stand on the township budget? Are we on track, ahead or behind? If we are behind, what steps are being taken to address the problem?
2. Are there any lawsuits against the township right now? What is the nature of these lawsuits, if any? And what is the potential liability to the township of these lawsuits?
3. $25,000 was authorized at last month’s meeting for a feasibility study to look at acquiring the former gum factory property. What actions are in place or planned for this work?
4. I attended Commissioner Moran’s preliminary hearing last week and heard testimony from the former township manager that Moran directed him to move employees and/or hire employees. What is the Township’s policy on hiring, promoting and moving employees and advertising positions?
5. What is the Township’s policy on hiring friends and relatives? What constitutes a conflict of interest?
6. I’ve heard that a new position of Recycling Director was established a few months ago. Is this the case? Was this position planned in last year’s budget? Is there a job description for this position? Was this position publicly advertised so that the township could get the best available person for the job? Or was this position created for the former head of Public Works? Is this employee a friend or relative of Commissioner McGarrity, and was McGarrity involved in this decision? With an estimated annual cost in salary and benefits in the $100,000 range, the public has a right to know.
7. I’ve heard that a Highway Inspector position was filled a few months ago. Is this the case? Was this position planned in last year’s budget? Was this position publicly advertised so that the township could get the best available person for the job? Is this employee a friend or relative of Commissioner McGarrity, and was McGarrity involved in this decision? Again, the public has a right to know how our tax money is being spent.

I will post here again when I have received the answers to these questions.

Fourth of July in the 7th Ward

It was a good day in the 7th Ward for Independence Day events. I attended the new Manoa Civic Association's parade and events at Baily Park on Washington Ave. There was a big crowd at the park for some fun and games there. See the sack race photos below. Kudos to the Manoa Civic organizers!

I also attended a block party in the area around the high school. They had a moonwalk and a water slide along with food and drink aplenty! Thanks to one of the event organizers for inviting me.

Haverford 4th Ward Commissioner Fred Moran's preliminary hearing

In events of interest to Haverford Township at large, 4th Ward Commissioner Fred Moran's preliminary hearing was held today in Glenolden PA in the District Court 32-2-42, with District Justice Peter Tozer, Esq. presiding.

The prosecution brought charges against Moran related to theft by deception and bribery. The theft charges were dismissed, the bribery charges were held for court.

The theft charges were in regards to Moran's expense reimbursement for his Verizon service. Testimony was heard from Township Finance Director George Rementer, former Township Manager Mike English, and Special Agent Bugga. The testimony described that for many years Moran has presented the cover sheet of his Verizon bill for reimbursement with typical monthly charges of just above $200, without completing a regular expense report. Agent Bugga testified that the charges were for 1 land phone line, 1 DSL internet connection, and 2 cell phones.

The judge dismissed these charges, explaining that no township employee told him it was not acceptable to present his Verizon bill as his expenses for township business.

The bribery charges related to Moran's phone conference call with Goldenberg Group's Mike Lawry and 5th Ward Commissioner Andy Lewis. According to Lewis' testimony, Moran had stated at the Dec. 2005 commissioners meeting that there was large budget shortfall, and that he wanted to contact the developers to see about getting some revenue from the deal in now, possibly in the form of pre-paid property taxes.

Lewis, Moran, and Lawry held a conference call the next day. In this conversation, both Lewis and Lawry testified that Moran was trying to get a $500,000 increase in the property purchase price to plug the budget shortfall, and in return would expedite the zoning approvals for the project. Both Lewis and Lawry testified that Moran said something like: Call it extortion or whatever you want, we need $500,000 more, and this is the way it's going to be. Both witnesses specifically stated that Moran used the word "extortion."

There was also related testimony that Moran had instructed English to move a township finance staff member to the parks and recreation department, and put into that position an employee who was related to a member of the Haverford Township Zoning Board.

In closing, the defense argued that Moran's suggestion was not bribery as Moran did not stand to benefit personally from the tactic, but was just trying to cover the township deficit.

The prosecution argued that the solicitation did occur and in return for the price increase Moran offered to grease the skids with the Zoning Board.

On these bribery charges, Moran was held for court. The arraignment was scheduled for Aug. 2.

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Comments:
I was surprised and angered that there were no charges related to the other activities described in the Grand Jury report, specifically in relation to:

The $600,000 payment to Obermeyer attorney Jeffry Rotwitt on Dec 31, 2003, orchestrated by Rotwitt and Twardy, and executed by Moran. (p. 18-25) Moran described this payment and the lack of a vote as "not really that important".

The "back room session" where the Agreement of Sale and Escrow Agreement were signed by former Board President and 2nd Ward Commissioner Joe Kelly, Township Manager Mike English, and Township Solicitor Leo Sereni. (p. 22-23)

The inside information provided to Goldenberg's Mike Lawry by Fred Moran and former 6th Ward Commissioner George Twardy about other developers' bids. (p. 17-18)

The piecemeal evasion of the township home rule charter also orchestrated by Moran, splitting the $16,530 cost of advertisement of the redistricting plan in January 2004 to avoid the $10,000 limit on expenditures that would require a board vote. (p. 28-29)

In fact, the mention of Moran's expenses and the contact with Lawry are not even mentioned until p. 30 of the Grand Jury report, where Moran's work to pay for former 5th Ward Commissioner Carolyn Parker to fly from her new home in Florida for meetings to keep their majority in place is also mentioned.

The $600,000, the breaches of confidence in the developers' bids, the deals with Rotwitt/Obermeyer, the redistricting advertising ... these cost the taxpayers of Haverford hundreds of thousands of dollars. Where are the charges for these? Aren't these crimes?

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References:
PA Attorney General's press release, April 5, 2007
The Grand Jury Report