Hiding Behind “Other Business”

Middletown Township publishes on its Web site and provides newspapers with the agendas for upcoming meetings of the Board of Supervisors. That way residents can look over the agenda and, if there is nothing of interest to them, they can stay home and watch American Idol, secure in the knowledge that nothing untoward will take place at the meeting.

This current Board, however, is playing a shell game with the agendas. Look back over the agendas for the meetings since they have taken office and they all look pretty bland, containing mainly items dealing with the day-to-day operation of the Township. Business that might be of interest to a large number of citizens is hidden under the title “Other Business.”

Consider these items that were brought up under “Other Business:”

• On February 16, there was a presentation by the fire companies and a subsequent vote to disband the ad hoc committee on emergency services.
• On March 1, the job description for the position of police chief was discussed and then a vote was taken to advertise it.
• On March 15, votes were taken to approve disability retirements for Officer Rosenstein and Officer McDonough, both of which were controversial.
• On March 15, a vote was taken to change the rate for the Zoning Board attorney, the legality of which is suspect.
• On April 5, Supervisor H. George Leonhauser posed a number of questions about police hiring requirements to Acting Director of Public Safety Patrick McGinty. There was really no excuse for this not being on the agenda since Mr. Leonhauser requested that Director McGinty attend the April 5 meeting to answer questions.
• Also on April 5, without any warning or advance discussion, the Middletown Township Police Chief Selection Committee was formed and all members appointed.
• On May 3, there was a 45-minute presentation by the PBA, a presentation filled with misstatements.
• And, on May 17, Supervisor Andrew Kreiling nominated a new labor attorney, which, of course, passed muster with this clueless group. This new “labor attorney” is Tracy Anne Timby whose Web site is DivorceDoneRight.com. It is no surprise that negotiations on the new PBA contract begin this year, negotiations that require a tough, experienced labor attorney to reign in on some of the abuses that take place under the current contract.

Middletown Township residents should attend the next meeting and demand the Board of Supervisors stop hiding substantive issues behind the cloak of “Other Business.”

Disingenuous Rage

I don’t know about you, but I never was able to figure out which thimble covered the pea as Middletown Police Officer Steven Forman shuffled and re-shuffled the “facts” during his 40-minute rant at Monday’s Board of Supervisors meeting.

But make no mistake: Officer Forman’s disingenuous rage was clearly designed to intimidate anyone with the temerity to question the culture of entitlement that exists among some members of the Middletown Township Police Department. Their contract is up for re-negotiation this year and this is Officer Forman’s first salvo to obfuscate facts that may make Middletown residents question whether we can continue to afford the demands of Officer Forman and his small band of sycophants.

New Board of Supervisor members should familiarize themselves with the Garipoli Report. Last year, the Township entered into an agreement with the Pennsylvania Governor’s Center for Local Government Services to conduct a management review of the Middletown Township Police Department.

The peer-to-peer consultant for the project was Richard F. Garipoli, who is a 33-year veteran of municipal law enforcement in Pennsylvania with a long list of credentials. At the time, he was the Lancaster Police Chief. In one of our meetings, Mr. Garipoli commented on what he called “the generosity of the current contract.” He added he wouldn’t want his officers to get a look at that because his community couldn’t afford it.

More to the point of Officer Forman’s behavior Monday evening, in his official report Mr. Garipoli noted because of the “ugly” lack of respect being accorded PSD McGinty, the “supervisors of the Middletown Township Police Department need to reinstitute this culture back to the officers. Officers should be respectful at all times.”

That ugly lack of respect is indicative of real problems in the Police Department. I would venture to say that in most departments many of Officer Forman’s public rants would fall into the category of conduct unbecoming a police officer. Hopefully the new chief chosen by the Board will enforce some discipline.

We are fortunate, however, in that rmore than half of the Middletown Township Police Department is comprised of proud officers who are embarrassed by Forman, who is only in the position of PBA contract negotiator because he was elected to a job nobody wanted at a meeting that only about a third of the membership attended.

Of course one of the difficulties of gaining control of the department is the fact that Supervisor George Leonhauser is a virtual lobbyist for the Police Department – in direct and continual violation of a State Ethics Commission ruling of March 10, 2008. Because of the fact that Leonhauser has two sons on the force, the Ethics Commission ruled that in any matter that could affect his son’s financial interests, he would be required to not only abstain from voting but he is also prohibited from “using his authority of office, such as discussing, conferring with others or lobbying for a particular result.”

You can make your own judgment on how many times he has violated this part of the ruling. There is no question as to the Ethics Commission’s ruling pertaining to the PBA contract, which was finally ratified by the Board of Supervisors last year:

“Pursuant to Section 1103(a) of the Ethics Act, Leonhauser would have a conflict of interest in voting as to the execution of the finalized” PBA contract. Not only did he vote for its passage, he is also an official signatory to the contract.

This is how little regard Mr. Leonhauser has for the law he is obliged to uphold. It is an attitude that permeates down through Officer Forman and those other members of his posse. If you would like to file a complaint against Mr. Leonhauser, go to the Ethics Commission Web site, and follow the instructions in the box titled “File a Complaint.”

A Culture of Entitlement Redux

It is obvious from the shock some people expressed at Monday’s meeting of the Middletown Township Board of Supervisors that not enough of our residents are paying attention.

Paying attention to what, you ask? The culture of entitlement that became entrenched in the Middletown Township Police Department during the 25-year career of the last chief of police.

“Shocking” item no. 1: Twenty-one of the past 23 retirees have gone out on disability retirements. As I explained in a previous blog, retirement pensions and permanent disability pensions are addressed in the PBA contract. If an officer has served enough time to retire, he or she will receive a pension equal to 55 percent of wages earned, averaged over the last three years of service.

If, on the other hand, an officer is retired on permanent disability, this pension goes up to 75 percent of the three-year average, which the retiree receives for life – tax free. A prime example of this is Supervisor George Leonhauser, who receives about $80,000 a year on a disability pension – and has for the past 16 years. The disability-pensioner is free to secure other employment; Leonhauser, for example, has a full-time position with the Bucks County Tech School. He also receives a $4,000 per year stipend for being on the board of supervisors.

The last two disability retirements discussed at Monday’s meeting were for two officers, ages 38 and 40, who had torn rotator cuffs. Rotator-cuff surgery has become quite common place and allows a person to attain full function and rotation of the affected shoulder. However, these officers are allowed to refuse surgery – so you and I will be paying them 75 percent of the last three-year average of their salary, tax-free for the rest of their lives, which could be for 40 years or more.

“Shocking” item no. 2: The contract requires anyone who retires on a disability pension to undergo an annual physical from an independent physician chosen by the Township. This way if a disability has been corrected – say, for example, a person with a torn rotator cuff has it repaired – the retiree can be ordered back to work or forfeit his or her pension.

To date, confirmed at Monday’s meeting, none have undergone this annual physical. I know that when Township Manager Raymond Stepnoski attempted to implement this requirement, he ran up against opposition from the Policeman’s Benevolent Association. Perhaps with the backing of the new Republican-controlled Board he will get better results.

These are your leaders

Hmmmm

Can't add a thing to this.... this Wizard of Id cartoon says it all!

This cartoon and the comments above it were e-mailed by Middletown Township Supervisor Drew Kreiling to a number of other Republicans, including Supervisors Pat Mallon, George Leonhauser and Tom Gallagher.

It is repugnant on a number of levels.

Democratic residents should be outraged to learn that this is what their leaders on the Board of Supervisors think of them. Keep that in mind the next time you have to address the Board on an important issue.

What is really outrageous is this seeming endorsement of an intelligence test for voters. Maybe if Kreiling, Mallon, Leonhauser and Gallagher had any understanding of the history of civil rights, they would have been less likely to find any humor in this cartoon.

In case you have any difficulty reading the text:

Panel 1, left balloon: Shouldn't voters have to pass an intelligence test?

right balloon: You don't have to be intelligent to vote.

Panel 2: What if there are more stupid people than intelligent people.

Panel 3: Then the Democrat wins.

What an Outrage

Well, it sure didn’t take the Republican hypocrites on the Middletown Township Board of Supervisors long to toss the Sunshine Law out with their promise to conduct a thorough and fair search for a new chief of police.

In other business at Tuesday’s meeting, Supervisor Patrick Mallon proposed a police chief review committee comprised of citizens who would be nominated to review all applications, conduct interviews, and make a non-binding recommendation of the top 5 candidates to the board.

For those of you who don’t know, “other business” comes after regular agenda items. Unless there is an emergency, I have never seen it used to push through important business that should require a period for public input – and there are very few decisions as important as empowering a select few to determine who the next police chief will be.

Why do I say a select few? Because not only did Mallon propose this police review committee, but he already had a list of those whom the Republicans decided should serve on the board.

Now, if this wasn’t discussed among the four Republicans on the Board outside of a public meeting and in clear violation of the Sunshine Law, how was it that they not only had the list of those who will serve on the committee ready to introduce, but all four voted to approve the appointments with only a few words of background on each person and virtually no discussion among themselves?

In the words of a friend of mine who has been around long enough to know, “I do not recall Middletown ever appointing a committee without taking applications. Last night they appointed one of the most important committees in this township (a chief of police search) and took not one application.”

It is clear if this had been done by the previous Board, Mike Fitzpatrick would have rounded up a few shills to file one of his famous lawsuits for violating the Sunshine Law – and for once he might have prevailed.

Who are these shining examples of public service? Believe me, if you are not a supporter of Lieutenant Kane for the chief’s position, you probably wouldn’t recognize them. Four Republicans, David Zellis, Michael Lentine, Sharolyn Hessenthaler and Michael Jones. Democrat David Kemmerer has already privately indicated his support for Kane and Martin Duffy, the other Democrat, publicly indicated his support for Kane on at least two occasions that I am familiar with. And Todd Buch, the seventh member, is not even registered in Middletown Township. Furthermore, there is an extreme lack of geographic representation on this committee. Given the diversity in Middletown Township, this committee should be comprised of a representative sample of citizens from across the township. This is difficult to achieve, though, when in fact three of the seven appointees come from Mr. Mallon’s district (Upper 6).

Why wasn’t there some consideration for balance on this committee? There are a number of those who have been involved in public service that could have been considered. There are talented recruiters and public business managers who could have been asked. Furthermore, rather than naming partisan appointees for this important committee, perhaps a better approach may have been to identify the qualifications desired on this committee and then recruit people that meet those qualifications. Examples may have been:

1. An experienced Human Resources executive.
2. Representatives from large township business that rely heavily on the Middletown Township Police Department like Oxford Valley Mall or Sesame Place.
3. A representative from St. Mary’s Medical Center, the largest employer in Bucks County.
4. A fire chief or volunteer fireman, given how closely our police and volunteer firefighters work together.
5. Retired Pennsylvania State troopers or FBI agents living in the township.
6. A representative from Neshaminy School District.
7. A block captain from a township Neighborhood Watch Group.

Coincidentally, there you have seven examples of the profiles that could have been represented on this committee. Instead, what Mr. Mallon wants to be a bi-partisan effort, is really just more of the same partisan politics.

The only conclusion I can come to is that Kane was promised the job by the Republicans running for office and now they are delivering on their promise. All Middletown Township residents should be outraged. This “search” is nothing but a sham.

A great deal for Middletown Township

For the past two weeks, I have been immersed in painting the downstairs of my home. So, I have been a little distracted – although not enough not to notice that President Obama has produced a great win for the American people who truly care about improving the health care delivery system in the U.S. Maybe a decade from now we won’t have the 37th place ranking among the world’s nations – right below Costa Rica and only two places above Cuba.

I received an interesting phone call earlier this week from a friend whose property was needed for a cell tower. He called to see what I knew about the deal Middletown Township was getting for the two towers currently going up here. I explained that basically the Township receives $10,000 yearly per carrier on the towers and there are currently two carriers on each.

It is very likely that the number of carriers will rise to at least five of the six carriers that cover this area, so we could be earning about $50,000 from each tower, with regular increases included in the lease agreement.

In his case, the company negotiating the lease for his property – which is not Tower One, the company working for Middletown – offered monthly payments that added up to just under $20,000 for two carriers that would be included with the initial erection of the tower. However, they were offering him a one-time payment of $2,500 for any carriers that were added after the tower went up.

Obviously, when he heard of the agreement Middletown reached with Tower One, he is going to take a tougher stand with the company that wants to lease his land.

To me, this highlights two important points – thanks to the research of Supervisor Robert McMonagle, Middletown Township is getting a great deal that will help hold the line on taxes, and there is a lot of demand for tower sites to help fill in the gaps created by the explosion in cell phone use. So get ready to see one of these near you.

Incredible Short-Sightedness

With all the howling and gnashing of teeth over cell towers at the past few Middletown Township Board of Supervisor meetings – particularly on the March 1 day-after-a-full-moon meeting – protestors are missing the point. Their irrational behavior is exemplified by their anger over a simple question put to them by Supervisor Robert McMonagle: “Do you own a cell phone?”

According to U.S. Mobile Markets: Analysis & Forecasts, the latest report from consumer technology think-tank, The Diffusion Group, by the end of this year, mobile phone subscribers will climb to 75% of the US population or approximately 236 million users. There is a growing consensus that cell phones are no longer a luxury but a necessity.

Because of the sky-rocketing demand, cellular service companies are scrambling to erect the towers needed to keep up with the usage. Mr. McMonagle saw an opportunity to bring in new revenue to the Township last year when he suggested the Board look into locating new cell towers on Township-owned property. Tower One was subsequently tapped to locate potential sites and negotiate lease agreements with carriers.

According to Nicholas Pullin, a partner in Tower One, conservatively, if there are just two tenants on each of the two cell towers currently under a lease agreement with the Township – which is what is currently on both the Veterans' Highway and Langhorne-Yardley Road structures – the total aggregate value of those leases would be $7.5 million over a 29-year period.

Also, these two towers could accommodate up to six carriers, so the potential for income for the Township is significant – income that will lessen what is needed to be collected through property taxes.

Opponents fail to recognize the fact that these towers are strategically sited to meet the demands of service. If the Township didn’t lease the property it owns, the companies would find an alternative private site nearby. Ultimately, these protestors would still have a cell tower in their neighborhood with the revenue going to a private individual or corporation.

These people who show up at each meeting to shout, cheer and jeer are incredibly short-sighted. One suspects that if they were around in the 1870s, they would have protested the erection of the first telephone pole.

Speaking of cheers and jeers, Board Chairman Tom Gallagher has a gavel in front of him at each meeting and should learn how and when to use it. While Mr. Gallagher likes to be the hero of the cell tower opposition, he has a responsibility to run these meetings in a professional manner – they are not and should not be pep rallies for his re-election campaign.

Perhaps some people will show up at the next meeting to thank Mr. McMonagle for seeking out ways to raise revenue in an effort to hold the line on property taxes. Now wouldn’t that be refreshing.