EDITORIAL: 'If it ain't broke, don't fix it'

According to a letter in the March 3rd Intelligencer Journal from Candace Roper and Alison Kibler, the School District of Lancaster Board is due to vote on March 18 to approve or deny a request to establish a Lancaster Science Academy at 240 Harrisburg Pike.

Roper and Kibler report attending a prior meeting and were "shocked by the lack of professionalism and lack of coherence in the LSA group's presentation. It became less and less clear as they spoke what the purpose of the school would be, what kind of students they want to recruit, whether there would be a majority of students form the city, how the admission lottery would work, whether their proposed curriculum is current or challenging, where their private funding comes from, whether the school would reflect the district's diversity and whether they are even familiar with the community."

This semester a youth entered the ninth grade at J. P. McCaskey after years at a local private school justifiably touted for academic rigor. Yet he found the faculty at McCaskey of very high competence and unstinting zeal. If some students are not obtaining an excellent education, it is a reflection of inner city factors.

In perhaps the highest challenge of team academic prowess, McCaskey's Mock Trial team recently won the County Championship. So much for sending youngsters elsewhere to get a supposed better education!

In short, there doesn't seem to be a problem in the academic program. So why the need for a special charter school for science?

There will always be much work to be done at McCaskey, including improvement of the training of its coaching staffs so youngsters can learn skills and all of McCaskey's teams can be competitive. But the public has work to do for all schools. We as a community can best serve our youngsters by communicating with and, where necessary, goading the school board and administration to improve areas that are under-performing.

We should always be receptive to learning from others. But let's have confidence in ourselves. As the saying goes, "If it ain't broke, don't fix it."

Convention Center Might Have Full Casino

NewsLanc articles and Letters to the Editor have hypothesized that the 'end game' for the convention center project is the incorporation of a casino. Although to date, only slot parlors have been permitted in the several such facilities recently licensed elsewhere about the state, there has been much speculation that table gambling will soon be permitted.

The following is excerpted from the March 2, 2008 Wilkes-Barre Times-Leader:

"Pa. table games an odds-on favorite"

"How soon patrons will be able to sit down to a game of poker or roll the dice in the state's casinos will depend on politics and money, not necessarily in that order. With property tax relief waiting in the wings and a slowing economy, it might not be long before enough legislators can be rounded up to support expanded gambling opportunities and the tax receipts that come along with them."

"Some legislators participating in a panel discussion held last Tuesday at the Pennsylvania Gaming Congress in Harrisburg wouldn’t hesitate to authorize table games now."

LETTER: Newspaper's Coverage of Authority Meetings Lacking

Dave Pidgeon from the Intelligencer Journal was at the LCCCA board meeting last night (Feb. 28th). This was the first board meeting he had attended in quite a few months.

I've noticed that Lancaster Newspapers' coverage of LCCCA meetings has been lacking for quite a while.

I wonder if NewsLanc's prompt and thorough reporting about the LCCCA's activities has prompted the Lancaster Newspapers to belatedly take action?

EDITOR'S NOTE: The Intell published an article on the meeting but, typical of the newspaper's biased reporting on matters pertaining to the financial interests of its publisher, failed to mention that Art Morris and Kevin Frey will be meeting with Penn Square Partners to discuss the Partners' controversial claim to half of Naming Rights proceeds. See article below.

EDITORIAL: Mental-Health Court – Yes; Remote Court TV – Maybe Not

President Judge Louis Farina and others deserve credit for exploring two innovations for the treatment of those accused of crimes.

According to the Feb. 29 Intelligencer Journal, Farina has "a court driven task force [which] plans to set up a mental-health court in Lancaster County." Clearly a large portion of prisoners, some estimate 20% to 25%, have mental health problems. Simply putting them behind bars isn't going to rehabilitate them. Perhaps, quite the contrary.

A sophisticated mental-health court may be able to come up with a way to improve their mental health, sometimes simply by having tests run and proper medicine prescribed. While incarceration may often be appropriate, it might not always be the best approach. In any case, it may be only part of a more holistic approach to rehabilitation.

The Intell also reports that the county wants to outfit District Judges with video conference equipment so that they can save money and add to safety by conducting hearings for prisoners who would be viewed from a special room at the county prison. Remote hearings would be limited to arraignments, summary charges for failing to pay fines, bench warrants, search warrants, arrest warrants, and emergency protection from abuse orders.

Here NewsLanc has concerns. First of all, dealing with prisoners from a remote location can be a slippery slope, with the practice expanded over time to far more complex matters with irremediable dire consequences. Secondly, we live in an age where Constitutional protections for prisoners are being whittled away, in large part in an effort to carry out the War on Drugs. (It was announced yesterday that US prisons now hold over 1.6 million prisoners!)

And lastly, somehow we don't feel that prisoners would be as able to express themselves when out of the physical presence of a judge. Their humanity is diminished by the television camera. And prisoners would be at the mercy of technicians who can show or not show them, allow them to speak or turn them off. Also they would be in a more intimidating environment.

Ask yourself: Would you feel more comfortable pleading your case in the physical presence of a judge where you appear as a full size, palpable human being, or would you be comfortable being perceived as an inanimate image on a screen, much like the Simpsons?

Democracy and human rights are not always inexpensive.

7 Convention Center Bookings to Date; LCCA Retains Law Firms

At their full board meeting, Thursday night, the members of the Lancaster County Convention Center Authority voted unanimously to approve contract extensions with two law firms for ongoing legal consultation.

The first is a renewed engagement letter with Fenningham, Stevens, & Dempster dated February 21, 2008.

Authority Solicitor Chris Hausner explained that Fenningham, Stevens & Dempster is the firm the Authority has been using for 3 years in order to handle ongoing litigation.

The Authority also approved an engagement letter with Stevens & Lee for legal services through August 31, 2008.

Hausner explained, "Stevens & Lee had been solicitor for the authority last year. And When they stepped down... the Authority continued to utilize Stevens & Lee on occasion for those matters in which Stevens & Lee had participated to such an extent that it was more cost-effective for them to address certain things than it would be for the us to hire a new solicitor and have to bring them up to speed on that."

Chair Art Morris remarked, "We are hoping that we will not have to use these services."

In other business, Kevin Fry, chair of the Public Relations, Marketing, and Hospitality Committee, revealed during his report that the Convention Center has seen 7 bookings to date.
The target for 2009 is 58 total event bookings.

Campbell and Morris to Confront PSP on Naming Rights

LCCCA Board member Kevin Fry, who is also Chair of the Authority's Public Relations, Marketing, and Hospitality Committee, announced at the board meeting, Thursday night, that board member R.B. Campbell has been selected to accompany Authority Chair and Acting Executive Director Art Morris in negotiations with Penn Square Partners over the status of certain controversial contracts regarding naming rights.

NewsLanc continues to question why it is that these contracts "gift" half of the proceeds from the sale of naming rights to Penn Square Partners and also give S. Dale High himself the "right of first offer" with respect to naming rights.

NewsLanc also challenges PSP's claim to half of future State grants and the High Group subsidiary's only paying a 10% commission on the food concession when standard industry practice is 30% or more.

Fry said that Morris and Campbell will make a presentation to the Marketing Committee on Thursday, March 20 about the substance of those negotiations.

Commissioners punt on "rails-to-trails" project

In response to a question from NewsLanc regarding whether they have considered taking steps to move forward the stalled "rails-to-trails" project on the old Norfolk Southern rail line in the southern end of the County, the Commissioners acknowledged that they have not.

While Commissioner Craig Lehman agreed that the rail trail would be a wonderful and attractive "amenity" for both residents and visitors, he said, "I don't see any other way to go forward" than to wait for the relevant municipalities to work towards a solution.

The previous Board of Commissioners unsuccessfully attempted to acquire the 23-mile stretch of land by eminent domain in 2005, but were successfully challenged by the municipalities in court. The County attempted to appeal the decision in 2006 but the ruling was upheld by an appeals court.

EDITORIAL: Katzenmoyer Asleep at the Switch

A month has gone by since NewsLanc revealed Amtrak's plans this spring to reconfigure and enlarge the parking areas at their station and that for approximately a year there will be a substantial reduction in available parking spots, perhaps by as much as a third.

When asked by NewsLanc what plans she has to deal with the additional overflow of commuter parking, City's Director of Public Works, Charlotte Katzenmoyer acknowledged ignorance as to what is to take place and said she would have to ask the County.

Note to Katzenmoyer: The Amtrak Station is in your city and so are the neighborhoods to be affected. Start doing your job.

Former Commissioner Nelson Decries Party Politics, Stresses Managerial Competence

The guest at Wednesday's weekly meeting of the Rotary Club of Lancaster was Former County Commissioner and recent Convention Center Authority appointee Sharron Nelson.

Dr. Nelson offered some opinions on what it takes to be a good leader.

She decried the prominent role political ideology plays within government, calling instead for competent managers.

"I think we all must understand that ideology has little application at the County level," she said.

"Most of the County's role," she pointed out, "involves the delivery of mandated services."

"Local politics is about roads and bridges and crime and snow removal. It is about schools and garbage collection. Don't let ideologies confuse you about what's important in most of our lives," Nelson continued.

"Competency means more than family relations when managing a business," she said, arguing that County Government calls for many of the same qualifications.

"Lancaster County is now the fourth-largest employer in the area...We can no longer afford to elect or appoint but the most competent people to manage a 300-million dollar budget."

In order to illustrate her point that competence should trump ideology, she told a story about two politicians.

"One," she began, "actually attended church every Sunday, taught Sunday school, was highly active in Habitat for Humanity and believed that to even think sinful thoughts was wrong."

"The other was a divorced man with an estranged daughter and son who was once a liberal union president and then flip-flopped to being a supply-side conservative."

"You know which was which," Nelson said. "Which would you choose as your child's Godfather and which was the more effective president? Confidence in a proven union leader, Ronald Reagan, trumped the honest Christian values of Jimmy Carter when it came to predicting a successful presidency."

She also cited the election of 1800 in which Thomas Jefferson was running against Aaron Burr. Jefferson, who had substantial experience as a Virginia Legislator, wrote the Declaration of Independence, and played a pivotal role in lobbying for a Bill of Rights, was painted by his opponents as an atheist or a deist while Burr was the son of a minister and studied theology in college.

"Fortunately, competence trumped shared values in the House of Representatives in the tie-breaking vote," Nelson said. Jefferson went on to become a commanding President while Burr was nearly hanged for Treason for attempting to establish his own nation on the frontier.

Dr. Nelson explained, "I'm not saying that values don't count, but that values cannot be translated into effective governance without proven leadership skills."

With regard to the Commissioners, she opined, "Clearly under our 3-Commissioner system, the Commissioners cannot easily discuss or mutually investigate matters that they are about to consider without the possibility of violating the Sunshine Law."

"By increasing the number to 5 or 7 or whatever," she continued, "they could legally re-organize into subcommittees, each of which would be responsible for different aspects of the overarching responsibility, this giving them an opportunity to gain a more collective command of the ideas and exchange views and information."

"I think in the long run this would ensure more informed public debate and certainly more informed decision-making," Nelson concluded.

Asked by an audience member whether she feels the County Executive should be elected or appointed, Nelson opined that such an individual should be appointed, citing the concern that if both the County Executive and the County Commissioners are elected, it could lead to excessive political conflict.

Nelson said that Lancaster County needs good managers to help it address all of the issues it must deal with in our changing world.

"We in Lancaster are ideally situated to serve the urban markets in New York, Philadelphia, and Washington," she said, citing the County as a tourist destination.

"Our much-maligned Convention Center can capitalize on that if we work together to make it a success."

County Commissioners Address Infrastructure Projects

At their weekly meeting Wednesday morning, the County Commissioners voted to approve the Planning Commission's application for state funding for the "Rooftop Greening Project."

As reported yesterday, the State Department of Environmental Protection and Office of Energy and Technology Deployment will make as much as $479,000 available to the project.

"Roof greening," the practice of covering the roof or exterior of a building with vegetation not only helps prevent flooding, but also conserves energy by helping thermally insulate the buildings, according to Senior County Environmental Planner Mary Gattis-Schell.

The Commissioners also voted to approve over $400,000 in funding for renovations to various county bridges including the relocation of the Rettew Mill covered wooden bridge to Middle Creek Road, repairs to the Rock Hill steel truss bridge, repairs to the Black Barron Road bridge, replacement of the Breneman Road bridge, and replacement/relocation of the Eshelman Mill Road bridge.

County Engineer Keith Harner explained that each of these bridges has shown signs of deterioration and need to be "brought up to code" in order to comply with state mandates and to ensure public safety.

Construction on the Eshelman Mill Road Bridge and Breneman Road bridge is expected to commence in 2009.

During public comment, Mayor Leo Lutz of Columbia Borough raised his concerns about the presence of Route 441, which runs through downtown Columbia.

The County Planning Commission, he explained, had previously placed the relocation of Route 441 in their Long-Range Transportation Plan to be completed by 2012, but just recently bumped the project off the agenda in favor of bridge repairs and other projects.

He handed the Commissioners a petition signed by 670 residents of Columbia borough asking that the relocation of Route 441 be prioritized.

Lutz argued that the volume of traffic creates a noisy, dangerous environment in the heart of Columbia's historic and downtown district and is stunting both residential and commercial growth in the area.

Commissioner Chairman Dennis Stuckey promised Lutz that he had arranged a meeting with Representative Dave Hickernell to address the issue of funding for the project.

Lancaster Square Not a "Concrete Eyesore," Just Not Feasible

According to the Feb. 27 Intelligencer Journal, "plans to demolish portions of Lancaster Square are being finalized and pieces of the concrete eyesore could start coming down this summer."

Elsewhere similar-appearing projects built in the 1960s continue to be successes and are a source of community pride. So the problem with Lancaster Square was not the design, with the four star Hilton Hotel and the Hess Department Store serving as anchors, but because the sponsors of the project had failed to adequately explore the feasibility of both major uses.

There simply wasn't sufficient business to sustain the Hilton Hotel due to the paucity of commerce downtown. And tourists preferred to vacation closer to farmland and the Amish. Occupancy was abysmal, Hilton withdrew its franchise, and the mortgage lender took over the property. For years rooms and meeting space were mainly leased to the federal government for training purposes.

The opening of a downtown department store was so contrary to the national trend to suburban shopping centers, that the Wall Street Journal wrote a front page article heralding the Hess opening as the first such event in twenty years. After several years, the store was converted to light industrial use.

Finally, with the introduction of multiple cinema complexes, the movie theater between the Hilton and Hess could no longer compete and has remained empty since.

The scope and investment in Lancaster Square is only rivaled by the current convention center / hotel project. History may be about to repeat itself, since the only feasibility study for the current project (PKF in 2006) predicted huge losses, for many of the same reasons that had doomed the earlier Hilton and Hess.

So how many years will it be before the Intelligencer Journal will describe the Convention Center project as a "concrete eyesore"?

Demolition to Occur on Lancaster Square this Summer

Mayor Gray announced at Tuesday's City Council Meeting that "the city is working with ARRO Engineering on a Public Works project to finalize engineering and design work in preparation for selective demolition of some of the east side of Lancaster Square."

"The intent of the demolition," he continued, "is to open up the square, reduce the scale of the superstructure on the east side of the square and to do some minor beautification on the square."

"This would set the stage for future development on the east side of the square," Gray said, adding that the city anticipates design work to be completed by the end of April, bidding to be completed by late May, and demolition to begin in July.

Gray described the concrete structure across from Binns Park as an "eye sore."

City Director of Economic Development Randy Patterson noted that the planning and demolition would be primarily federally funded but would also involve a County contribution.

Also Tuesday evening, Mayor Gray presented two Lancaster City police officers, Michael Grace, and Christopher McCormick, with commendations for life-saving and heroism for extricating two individuals from a burning vehicle on August 25 of last year.

City Council President Louise Williams also thanked them for their heroism and they were given a standing ovation.

A NewsLanc reporter inquired as to what plans the City has for dealing with overflow parking at the Amtrak Station during the forthcoming reconfiguration of the parking areas. President Williams referred the reporter to the City's Director of Public Works, Charlotte Katzenmoyer.

Katzenmoyer revealed that the City has not been a party to the discussions as to what is to occur at the station. She added that she would have to consult with the County as to what will be occurring, particularly with regard to the parking situation, and what remedies might be pursued.

County Planning Commission Seeking Roof Greening Dollars from Harrisburg

Among the items up for discussion during tomorrow's County Commissioners meeting is a proposed contract between the Lancaster County Planning Commission and the Pennsylvania Departments of Environmental Protection and Energy and Technology Deployment for funding for the "Lancaster County Roof Greening project."

The contracts could secure as much as $479,333 for the project over the next two years, according to Scott Standish, Director of Long Range Planning for the County.

"Roof greening" is practice of planting vegetation on the roofs and exteriors of buildings to help collect water and save energy.

In fact, "Roof greening," explained County Senior Environmental Planner MaryGattis-Schell, "can collect as much as .56 million gallons [of stormwater] a year that would otherwise end up as runoff in our rivers."

The practice is fairly innovative, with only a few other cities in Pennsylvania having experimented with the technique, according to Standish.

But with fuel costs and environmental concerns on the rise, the state is eager to invest in projects of this nature.

Millersville University will partner with the Planning Commission in implementing and assessing the project goals.

COMMENTARY: Morris Blinded By Own Integrity

At a Finance Committee meeting of Feb. 25th, LCCCA Chair Art Morris found it difficult to understand why he, a contract employee of Lancaster Newspapers, Inc., should not represent the Authority in negotiations with hotel developer Penn Square Partners (PSP).

A subsidiary of Lancaster Newspapers Inc. is an equal partner in PSP, which, in a manner that is mysterious to long time Authority Board members, had clauses in contracts which 'gifts' PSP with multi-millions of dollars from future state grants and naming rights that would be expected to belong to the Authority.

At the time that the contracts were approved, some board members argued they were not given time for review and pleaded for a continuance. Ted Darcus, who then was chairman, and three other City-appointed board members showed disdain for their request. Joe Morales said that it was sufficient that counsel had reviewed them! Darcus did his usual routine of obfuscation and arrogance to sidestep penetrating questions and objections. He then called for an immediate vote.

Morris, who seems blinded by his own sense of integrity, does not recognize that, for different reasons, neither he nor Darcus are appropriate representatives of the Authority in negotiations over state grants and naming rights. From past statements, it is even doubtful that Morris is supportive of the Authority attempting to renegotiate the outlandish naming rights give-away. Morris should recuse himself and delegate the negotiation to a delegation of board members R. B. Campbell, Julianne Dixon, Laura Douglas, Kevin Fry and Sharon Nelson.

Morris' defense that he also reviews construction vouchers is not relevant since the Authority is not (yet) contesting the terms of the construction contracts.

Although yesterday's discussion only pertains to the sharing of future State grants for the Convention Center Project, Morris had previously agreed to discuss with PSP their claim to 50% of the proceeds from the naming rights, with their share amounting to perhaps $5 million or more.

Below is a transcript of the pertinent discussion:

Randy Carney (audience member): I understand that members of this board are or may be negotiating with Penn Square Partners for a more equitable distribution of future funds from the state?

Morris: At the - and you might remember this, Mr. Carney - at the meeting when we discussed the contingency, we mentioned that there was a differential in percentages and that we were working with Penn Square, through a request through the senator, and working with Penn Square towards that end. That they had expressed a willingness to at least talk to us and that's where it presently stands.

Carney: Okay, have you done any negotiating yet or....

Morris: Well, it's going to come about when the money's available. When we know the money is going to be forthcoming, there will have to be some formal request and at that point is when I would anticipate formalizing that but it's been publicly acknowledged that that percentage has been discussed with them and they've expressed a willingness

(Morris is interrupted)


Morris: and frankly I think the Senate is supportive of that too.

Carney: I have to be honest with you. I've been approached by several members of the public.... Who would actually be negotiating with Penn Square Partners?

Morris: I would be doing the process.

Carney: There is a concern that because you have been writing a column for the Sunday News that that might represent a conflict of interest. How do you react to that?

Morris: A conflict of interest regarding?

Carney: .... Well regarding ... Penn Square Partners is 50% Lancaster Newspapers, 50% High. We all know that. And also because you have also been a sort of part time employee of Lancaster Newspapers as a freelance writer. Certain individuals have expressed a concern that you may not exactly be an impartial negotiator.

Morris: ... I have already discussed this with the solicitor and any member of this Board can do the same thing.... I deal in a lot of little ways with Penn Square Partners ... including approving change orders.

Just for the record, I write quarterly. I'm paid $75 a column.... I told them that I could not continue to do this on a monthly basis because I'm so busy....

I have not written about the Convention Center in any way shape or form. I've written about County Government. I've stayed away from that.

I'm not connected to them other than I get a stipend.

Laura Douglas (Board Member): I don't think their concern is the money as much as it is the relationship – the perceived relationship.... In order to ensure not just the actual transparency but the appearance of propriety, if there was someone else who attended the negotiations along with you...

Morris: ... I have no problems with somebody sitting in.... The current agreement is 50/50, so it's ironic that the mere fact that we have an opportunity to get a higher share is perceived as a conflict. Let me think it through and I'll come back and I'll talk to the Chair of the Finance Committee about what it makes sense to do.