Sunday, June 20, 2010

Boys Club at Work!!!


Fall River Office of Economic Development Board of Directors :
The boys club hard at work for themselves Fall River's citizens !

City Attorney Steve Torres : A Profile of Self Importance


Steve Torres at a City Council Meeting

Thursday, June 17, 2010

Crisis of Confidence

















Well, ladies and gentlemen of Fall River,  it appears it has taken a mere 6 months for City Government to almost rid itself of all those involved in "The Great Lie" of the Correia Administration, the withholding of information about the $3.5 million deficit in the Sewer Enterprise Fund. Only Mr. Sullivan, head of Public Works and intimately involved with every aspect of Water and Sewer Enterprise Fund operations remains. I, for one, hope he stays put....at least until the tax rate for FY2011 is set!

In what most objective observers could recognize as a petulant and inexperienced "politics first" reaction to the recent news that the City Tax Collector Shannon Lyonnaise allowed $2 million in various tax and fee payments to sit on a clerk's desk for TWO MONTHS without being deposited, Mayor Flanagan fired both the Tax Collector and the City's Tax Assessor in a fit of pique. The Tax Assessor had previously been called on the carpet by the City Council for a very large number of controversial property assessments during the last property revaluation in the City.

Surely, in a community in dire need of every possible penny of additional self produced revenue, the loss of interest earnings is, in a word, inexcusable. The reasoning given by the Collector that staffing patterns within her office were insufficient to allow timely processing of all payments into the office just do not wash. She stated that her office was swamped by a surge of Motor Vehicle Excise (MVE) tax payments, water and sewer bill payments, and residential and personal property tax payments. She said she simply did not have enough staff to process the payments.

This is, of course, a ridiculous explanation. Every municipal Tax Collector in MA knows a few very basic facts. Not to know these facts means the person was never qualified to hold the Tax Collector's job. What else is new in Fall River!

Those basic facts are as follows:

     #1- By state statute, ALL monies, regardless of type (cash, check, wire transfer, money order, for example) MUST be deposited on the day they are collected. That's one day. Not two months.
  Admittedly, depending on peak periods and staffing patterns, especially after 30 years of Prop 2 1/2, clerical staff in service departments like the Tax Collectors Office have been reduced year after year. So one day has been stretched into  a three day maximum period for all practical purposes. Anything over three days indicates that a Tax Collector's office is simply incompetent, barring extreme circumstance.
  Most communities now have weathered  reduced staffs by utilizing bank LOCK BOX services where most payments are sent to a particular bank and deposited as they come into the bank, whether as mailed payments or by use of credit cards online, and are immediately processed and recorded on electronic medium and posted by the City or Town into tax receipts records, by account number, for ledger and reconciliation purposes. No reasonably sized community does not use a LOCK BOX service. It records deposits immediately, and more accurately, than human hands. And it's relatively cheap. For example, the Town of Brookline, with the same size annual operating budget as Fall River, and similar number of MVE bills and property parcels, spends only $20,000 per year for the service, and a few thousand more for a separate service to process MVE payments in the same way. $20,000! ( In terms of immediate interest earnings it practically pays for itself over the course of the fiscal year.) That's less than a full-time clerk's position, costs no benefits,works all year round, and never takes a vacation or sick time or files for workers comp. Century Bank is considered the best provider of such services. In a functional area like this, you really want to utilize a bank with extensive experience.

#2- Every Tax Collector in MA knows that the first MVE tax bills, the largest single MVE tax commitment by far ,  are received from the Registry of Motor Vehicles in March of each year. They are due thirty days after mailing. This year, because of the late approval of the FY 2010 tax rate to allow the City to satisfy DOR's requirements with regard to paying for the Sewer Enterprise Fund deficit, Property Tax bills went out late, and the City's taxpayers were allowed this additional 30 day period the send payments. Unfortunately, the Tax Collector, and apparently the Finance Director as well, did not think or plan for this extraordinary contingency. A simple knowledge of the dates when bills were due, of simple municipal collection procedures,  would have dictated the need for additional staff to timely process all payments from all sources, given Fall River's prehistoric insistence to maintain a hands-on, labor intensive method of depositing and recording tax and other payments. The Finance Department dropped the ball entirely. Both the Tax Collector AND the new Treasurer/Finance Director, Mr. Grab, should have adequately planned for all collections to be deposited at the end of each day they were delivered to the Collector's office.  Even with sole prior experience as a municipal accounting officer, Finance Director Mr. Grab has no excuse. He should have been aware of the timing of payment collections if for no other reason  than to chart actual cash receipts versus projected cash receipts by month, especially with the importance of FY2011 revenue estimates. As we all know, the very first step in planning a municipal budget is first to determine realistic estimated revenues. You cannot plan to spend more than you can prove to DOR you will bring in for the next twelve months. It is literally impossible to do that appropriately without keeping a month by month tracking of receipts by every source of revenue. I now believe the City's revenues being used to plan the FY 2011 operating budget are way off, which means that the proposed budget cannot be accurate at all.
  There are some very serious problems with controls over the City's cash and check payments. And as we all know, shoddy controls in these areas have been a much commented upon Fall River failing by DOR. They will not be pleased by what has transpired.

#3 - Without timely deposit of receipts and associated reconciliation of ledger accounts, the closing of a fiscal years financials becomes a long, drawn out and nightmarish procedure for not very talented Municipal Finance staffs, the kind that exist in Fall River. The job of the Collector does not end with depositing receipts. That's merely the beginning of the process, yet proper recording and tracking of receipts by account number and bill number establishes true financial control, from a Tax Collector's perspective.
  The danger in Fall River is that with no one in the City Auditor's position and no one in the City Collector or Tax Assessors Offices running things, how will the City's financial books for FY2010 be closed on a timely basis? How? It will not be without much greater added expense, probably by using the very expensive hourly rate of Hague and Sahady to accomplish much of the work that should routinely be performed by each department well in advance of June 30. We now know that work will not take place for quite some time, probably 3 months at best.

Mayor Flanagan's knee jerk reaction to fire admittedly very questionable employees came not primarily for poor performance, but, quite predictably based on his brief but voluminous track record so far, on popular voiced outcry from the voting public. In this instance, Flanagan's concern for looking good, as opposed to BEING good in  making sure things are running smoothly, is going to cost Fall River dearly. This was always the danger of electing as Mayor a person who has absolutely NO CLUE about public finance. I do. He cannot make the argument he does. And that's going to lead to forthcoming disaster for Fall River.

Sorry Will...you are lost now....and every tax payer will literally pay for it...and there's no way to avoid that .

Great job ROOKIE!

Sunday, June 13, 2010

Nit Picking














Monkeys and apes are our closest  animal relatives.  And these simian relatives of all types and sizes tend to establish long standing communities designed for joint socialization and mutual protection. Unlike other animals, like cats, for example, simians spend many hours grooming not just themselves or their offspring, but the young of other members and older adults of the clan, often times according to rank as a display of respect. All of this activity is to insure the health and propagation of the community.

When I hear the same cast of local monkeys are involved with the development of property on Fourth Street for a bus terminal I have this mental picture of Ken Fiola picking lice off the head of Will Flanagan, and Atty. Frank doing likewise off the head of Ken Fiola in a demented daisy chain of lice, flea and lint picking euphoria.



 What, do the political powers in this City think so little of the Fall River electorate that they think whatever they do is not discerned by the majority of citizens? Is the state of the Fiscal Year 2011 operating budget so terrible that we must endure these type sideshows to take our attention away from our  cringe worthy financial situation and related poor school performance, which just became worse this week with the news that one of the better Assistant Superintendents in a while left Fall River for the lofty greener pastures of Central Falls , Rhode Island, the very same Central Falls that made national news when it laid off over 400 teachers for poor performance? It makes the mind boggle on how BAD things must be here to drive a person THERE!

Yet, here we go again! Some speculate that the reason for renewed emphasis on a bus terminal is to somehow obtain some measure of success for Ken Fiola of Fall River Office of Economic Development (FROED), a person whose track record of achievement as Executive Vice President of FROED is universally recognized as dubious, at best. In fact, it was Ken Fiola's problematic handling of the original attempt to site the bus terminal at the very same location as this new placement effort that had many screaming for his head on a platter. At issue was the loss of available federal monies because no environmental study was made of the location, with a fear of site cleanup being required because of a history of trucks being previously garaged there. To avoid loosing out on federal funding, new buses were purchased by the Southeast Regional Transit Authority (SRTA) instead.

 This was especially critical with the looming opening of the new Fall River courthouse just a mere 200 yards away from Fourth Street site and no additional parking spaces in the immediate area to meet the obvious resulting demand. Here again, there was a large public outcry against FROED in general, and Mr. Fiola, in particular. In fact, it is the commonly recognized operation of FROED and the Fall River Redevelopment Authority (RA), of which Mr. Fiola works as staff, and the apparent collusion of the Fall River Mayor's Office, that gives Fall River citizens the impression that things are  decided upon by the members of the FROED and RA's Board's and the Mayor, behind closed doors and by use of the telephone, to keep those pesky voters out of the loop.

 Things seem episodic and acute in nature, not planned and publicly discussed well prior to any action. One is left to wonder how many development decisions are being completed between the same influential and powerful monied interests in the City and region with the full cooperation of the same individuals involved in elective office, and in particular, the Mayor's Office or working at the Mayor's behest. The role of FROED and RA Board members are also of grave concern. It defies chance that most, if not all, of the dealings of FROED and the RA seem to be less than arms length transactions. It's of great concern to me and those in this City I know, and it should be of grave concern to you as well.



All of these situations come either directly or indirectly under the control of the Mayor's Office, through direct decision making enabled by City Charter or state law design or by appointment of board members. It is there that the most immediate improvement in a transparent and efficiently planned decision making process lies. But I see little to make me trust the current occupant in the Mayor's Office to make such a heroic change in the ways things are done in Fall River. On the contrary, with all the machinations surrounding the "Destination Casino", Will Flanigan has openly declared himself to be deeply ensconced in the dark side of Fall River politics, the politics of back room dealings, political self aggrandizing influence trading and concern for the narrow interests of self as opposed to the greater good of Fall River citizens.

The lice picking never ends. Ken Fiola, Mayor Flanigan and Senator Menard are marching ever forward to kneecap the proponents of the Bio-Tech Park ( pick, pick, pick) in favor of the Casino. Mayor Correia's former Corporation Counsel, Arthur Frank, now SRTA lawyer, assures everyone that the end of summer purchase date by FROED, Fiola and the Mayor for the new bus terminal site seems very likely (pick, pick, pick). This is a comment from a lawyer who worked for Mayor Correia, a mayor vilified by the new Mayor for having too many attorneys working for too much payroll expense, who himself now employs more lawyers, and spends more on legal expenses than the man he took to task while running for office. I don't call that irony, I call that a lawyers fantasy.


The grooming and picking going on at City Hall and related surroundings goes on at fever pitch. It sometimes reminds me of the simian exhibit at the National Zoo in Washington D.C. I mean the actual zoo, not he Congress of the U.S. Next they'll be swinging on vines and eating bananas, or using small sticks to eat the ants out of their hills. One can only hope they slip on so many banana peels. Eventually they do. It is never pretty.

Sunday, June 6, 2010

The Public Trust ?



Yes, it's barely June and we are already hearing the sounds of elections heading our way. Of particular note is the filling of the State Senate seat being vacated by Sen. Joan Menard as she readies herself for life after being a leading member of the City's legislative delegation. Rumors abound that she is eyeing a role at the new UMass/Dartmouth Law School or as one of the members of the proposed state casino gambling Board of Directors, if you will, assuming the legislature approves casino gambling this session.

Three local individuals  running to fill the soon-to-be empty seat are of particular importance to the Fall River community, as well as the region as a whole. One is long time state representative Mike Rodrigues, he of the NH booze buying excursion  after voting to increase the state sales tax and  also seen by the Boston press as having a possible key role in ex-House Speaker Sal DiMazi's failed attempt to legalized ticket scalping by large ticket outlets, an effort that helped bring down DiMazi and made DiMazi a target in the fed's cross hairs.
 The next is Mike Coogan, a Lt. in the Fall River Fire Department with 21 years of service, on the board of directors of several Fall River financial and public interest organizations, and voted by members to head the Fall River Firefighters Union, the Fall River Employee Group Health Insurance Committee and the Fall River Retirement Board. Mr. Coogan is also a veteran.
The third candidate on the Democratic side of special interest to Fall River voters in this upcoming election to fill the seat left by Sen. Menard is former Mayor John Mitchell. Mayor Mitchell served one term as Mayor of Fall River, then ran in a primary race for a seat in the federal legislature as a member of the House of Representatives. But just as suddenly as he was in the race, he dropped out.

Concerned citizens have brought to my attention a disturbing document that might very well explain the reason for Mayor Mitchell's dropping out of the House of Representative's race. The document in question can be found at the following web address:

http://www.archive.org/stream/reportofattorney1996mass/reportofattorney1996mass_djvu.txt


There was this entry as cited by the Public Integrity Division of the Massachusetts Attorney General's Office in their ANNUAL REPORT FOR FY 1996:

" The former Mayor of Fall River also entered into a disposition agreement in which he forfeited approximately $25,000 to the citizens of Fall River and the Commonwealth. In addition, the former Mayor acknowledged his committee's role in maintaining unreported cash contributions. Moreover, the former Mayor admitted to using some of the unreported cash to pay off debts of a former political opponent in exchange for that opponent's political support. "

Further examination of the disposition of the actual case shows the following:

# 128
6/96
JOHN R. MITCHELL
Civil disposition agreement
Candidate acknowledged responsibility
$17,500 fine
$7,500 restitution

6/96
MARILYN M. RODERICK
Civil disposition agreement
Candidate acknowledged responsibility
$5,000 fine

6/96
JOHN E. CLECKLEY
Defendant found guilty
Sentenced to two years House of Correction
Restitution to be determined

6/96
MICHAEL PISCIONE
Defendant found not guilty

6/96
MANUEL LOPES
Defendant found not guilty

6/96
BRIAN ARTHUR
Defendant pled guilty
Suspended sentence
$5,000 restitution
100 hours community service

Since we know that Ms. Rodericks once ran for Mayor against eventual winner Mitchell we can safely assume that she was the candidate who exchanged dropping out of the race for cash from the Mitchell campaign to payoff debts for what we are told was for a failed restaurant venture. Until recently, the $25.000 fine was the highest ever recorded against a public official in Massachusetts. It still ranks as #2.

Presumably this information coming to light, or the court case pending about this incident , or even just the start of the investigation into these matters was sufficient to make Mayor Mitchell drop out of the House of Representatives race. It's not like he challenged the existence of the quid pro quo scheme, in fact, he acknowledged it before the court, if my understanding of  the term "Candidate acknowledged responsibility" is correct.

My question to Fall River voters is this -  given that this disgrace happened, how can anyone support Mitchell running for public office again? He committed the act, and he does not deny it. If so, why should anyone vote for this man? Are you kidding me? Redemption is something we all are eligible for if the need arises. But to ask Fall River's voters and the voters of the Senate district he wishes to represent to blithely accept his candidacy is entirely another matter.

I personally can not sanction it. It would be like co-signing his B.S. Fall River voters have far too long a history of forgiving scoundrels just because they know the person or someone related to that person. The situation the City currently finds itself in is the result of such damaging choices.

Looking into my crystal ball.........














Posted by WBZ, Channel 4, Boston: Sunday, 06 June 2010 2:48PM

Public hearings this week on casino gambling in MA


Boston (AP) -- Backers and foes of casino gambling will get their chance to weigh in at a public hearing at the Statehouse this week.
The Massachusetts Senate has scheduled a 1 p.m. hearing on Tuesday on a plan to allow the state to license three resort-style casinos while keeping a ban on slot machines at the state's four racetracks.
Two of the casino licenses would be competitively bid. The third would go to a qualified Indian tribe.
The Senate plan differs from a House plan to license two casinos and allow 750 slot machines at each of the state's four race tracks.
Senate President Therese Murray has said the details of the Senate bill are still in flux and a final version won't be released until after the hearing.
Critics say casinos bring hidden social and economic costs.


This is what I think will happen...not what I necessarily want to happen, mind you....but what I am fairly certain will happen.


* A bill will be passed very soon...it will be signed by Governor Patrick, who will easily win reelection.


 -  Sen. Menard is angling for a job on the Board to be created to site the new casinos and then oversee their operations. She will earn at least $150,000 per year. It was no accident that she placed an Indian casino into the draft of this Senate bill.


 -  Other's that know me understand that from the beginning I stated that there would be three locations for casinos and several for slots at racetracks. I believe the third casino was specifically placed into the bill  not just for Fall River and the Womapnoag's but as a negotiating ploy by the Senate. Once passed by the Senate, a conference committee between the Senate and the House will allow for negotiations for House support for the Indian casnio location in exchange for limited Racino development , not currently included in the Senate bill, to appease House Speaker DeLeo who desperately wants slot machines at Suffolk Downs and a destination where one of the three casinos will be placed. The third casino will most likely be placed near Palmer MA, right off of the MASS PIKE and roughly in between both Worcester and Springfield, making a casino in MA easily accessible for western NY and all of western MA within a 1 1/2 hour drive at the furthest point. Most importantly, most folks in Palmer are in favor of the casino being placed there. It is this location that will pose the greatest threat to the CONN. casino's


 -  The issue of obtaining approval of the state legislature to take the Bio-park land and use it for casino purposes will be fairly easily handled by placing appropriate language in the casino bill. I'm certain that, if allowed by the state constitution, this will happen, and happen quickly, as if there were never a prohibition against other use.


 -  In the end, I believe this will happen, and that the odds favor Fall River keeping the Bio-park because of the poor economic straits Fall River finds itself upon. In reality it is far more like trying to navigate on a set of wild rapids on the Columbia River.


 -  The first shovel will hit the dirt in 6 to 12 months after passage. Why? The state needs the revenues NOW to run the state and to provide Local Aid. It cannot, and will not, wait for casino gambling.


 -  New Bedford will see a huge influx of money for jobs due to expansion of MBTA service and commuter rail. That's also why I think a casino will be sited here in Fall River because expansion of commuter rail from New Bedford to Fall River, which will be turned into some form of high speed commuter rail in the future, is a natural development. The creation and expansion  of reliable high speed rail transportation is one of Pres. Obama's energy and green platforms now taking precedent due to the disaster in the gulf with BP. Such a program, which is sorely needed, would be the equivalent of the Interstate Highway construction program of the 50's and 60's, producing millions of construction jobs. It is federal funding that will present the funds for expansion of commuter rail to the SouthCoast. Pres. Obama will not forget his friend Gov. Patrick.


In the end the state's need for revenues and more jobs will outpace all other considerations on the state and local levels. It seems, as always, that when money is tight across the board every decision and consideration turns from what's fair and appropriate to what is financially necessary. It's all about the dollar bill. Here's to hoping this grand plan works and that jobs are found so that we might return to quality of life issues in addition to how are we going to pay for it all!