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Thursday, January 29, 2009

Bay State Budget Blues...

Governor Deval Patrick released his budget yesterday and its stark realities and grim prospects sent shivers across the Commonwealth. Luckily on the same day, he also released his mid year cuts, which although intense, are workable. In other words we can wait until fiscal year 2010 begins in July before we go apocalyptic.

Midyear cuts were primarily feared in the area of local aid. Local Aid in Massachusetts is divided between three main categories. Chapter 70 Education funds, Lottery Aid, and additional assistance. The first two use complex formulas to ensure that the neediest communities get what is necessary. This is especially true for Chapter 70. Essentially, the state pays 70 cents on the dollar for the Springfield, MA school budget under 70's funding system. Lottery aid, follows a similar formula, but is a bit different. Additional assistance is an arbitrary amount for each community inserted into the budget by the Legislature annually. You may recall a few years ago some controversy about Springfield's minuscule Additional Assistance funding. The cries ultimately fell on deaf ears especially when the higher ups said Springfield already makes out well on the other two local aid funding formulas. Others proposed simply zeroing out additional assistance and move its money into 70 and Lottery Aid. Needless to say it did not happen.

Anyway, Gov. Patrick promised not to cut 70 and level funded it next year. The net result of this change is Springfield survived FY2009 mid year cuts with only $4.6 million. Interestingly enough, a city four times Springfield's size, albeit less reliant on the economics of local aid, Boston lost over $23 million. Boston, although receiving far less in 70 and Lottery aid, does receive more additional assistance. Gov. Patrick's stated goal was to cut only 9.7% of non-70 local aid across the board. Whether it was meant to be 9.7% per community's allotment or from both the Lottery and Additional assistance overall is unclear. Given the overwhelming amount 70 takes up from Springfield's local aid allotment, if it was the latter, the city made out very well.

It is unknown at this time what local communities will have to do to make up the shortfall. The Control Board in Springfield is expected to probably use a combination of reserves, attrition, and possibly minimal layoffs to mitigate the effects.

The Governor's 2010 budget, however, contains a much bleaker picture. Cuts found their way from every budget from local aid to UMASS. Local aid is expected to drop precipitously and that includes an increase in the meals tax. Rather than allow local communities to add up to 2% on top of the existing meals tax, Gov. Patrick proposes that a statewide increase of 1% be added to mitigate local aid reductions. He continues to push for communities to gain the options tax, instead limiting it to 1%. Effectively, the state meals tax would be 6% and communities could add an extra 1% themselves under his plan. Hotel taxes would also go up both as a mandatory state tax and include more options for local hotel tax increases. Perhaps most strange is the ending of the exemption of soda, alcohol, and candy from the state sales tax.

Let's begin where this blog had already stood. The options tax idea is just wrong. Even in this bad economy, the notion that just because the big cities are where a lot of restaurants are is where they'll stay is simply foolish. Having an uneven meals tax will discourage development in the cities especially where they need it most (Springfield, Lowell, Fall River, Lawrence, Chelsea). Moreover, it defies the "we're in this together" spirit of the commonwealth. Additionally, as has been suggested, the more rural communities where the restaurants will not relocate, just get a cut with no capacity to make up the loss even with this new option.

Expanding the concern about meals tax is the danger it poses to the industry at large. A higher meals tax, in a bad economy, will discourage restaurant purchases if not outright visits. The industry has already suffered mightily, but it had kept puttering along better than some of its more monolithic colleagues. Additionally, a higher tax puts the responsibility on the restaurant to pay the added commission they pay to the Credit Cards when meals are charged. Finally, and most importantly, the issue could hurt servers. A high meals tax will discourage better tipping. Servers have already noticed a decline in income with a decline in patronage and restaurant bills. Waters are more common than sodas. Appetizers may be rare as well as dessert. The 6 oz sirloin will take the place of the 10 oz. Add this tax, which could become as high as two cents on the dollar and on a fifty dollar bill, a patron, often unwittingly, may take that dollar out of their server's tip in order to pay the tax.

In less financially stressful times, this argument, though still valid, could be obviated, by higher volumes of business. Moreover, Massachusetts continues to have the lowest server wage in New England. Maine, New Hampshire, and Vermont, all of which have 7% meals taxes, guarantee their servers an hours above that of Massachusetts. The server wage in Massachusetts is $2.63 and has been that for over a decade. Perhaps if servers were not getting such a low starting wage, they could eat the loss in tips as part of the impact on the economy. Unfortunately, a bad economy is also not the time to push for a server wage hike from stretched restaurateurs.

Moving on to Gov. Patrick's other proposed taxes. He wants to make alcohol purchased from package stores eligible for the sales tax. This is not an unreasonable concession, given that alcohol sales themselves are likely to weather this storm better than most industries. (I wonder why?). However, the liquor industry in Massachusetts beat back a sensible attempt to undo some of its draconian liquor laws and allow for grocery story sales of beer and wine. However, it too has problems. Massachusetts already assess a higher tax on beer, wine, and spirits than some of its neighbors and the lack of grocery store or liquor authority-direct sales drives costs up further. When Bay Staters head up to the Granite State for cheap cigarettes they may also get some cheap liquor, too. This tax could only exacerbate that trend. When gas was $4 a gallon, that fear would be diminished, but today not so much.

Extending the tax to soda, juice drinks (drinks less than 50% juice) and candy is troubling. The effort is obviously an attempt to extend the dissuasion tax policy used on cigarettes to junk food. This is especially true, given that the governor's budget calls for the money to go into a health account. Cigarettes are far more deadly than junk food because their effects cannot be mitigated. Exercise, moderation, and better food choice can diminish the harsh health effects of empty calories. There is no safe cigarette and no safe amount of smoking (although less is better). Furthermore, it could prove difficult to define the products eligible. It seems simple enough, but it may not be either. As the nation is already in the midst of another healthier living binge (banned trans-fat), companies could reconstitute their products fearing a wave of similar actions nationwide.

Finally, a gas tax is inevitable. Although hikes on the Turnpike must come (sorry Metro-West Bostonians), the gas tax is necessary to keep together our crumbling infrastructure. As Pres. Obama's stimulus bill looks more like a slap across 12 years of GOP Congressional rule (and 2 years of obstructionism) and less like an infrastructure bill, hopes for cleaning up the Commonwealths roads grows dim. We need to get the money from somewhere. That being said, both federal and state governments should consider an automatic ratchet in any raised gas taxes that permits the increase to shrink (not disappear) if gas breaks records again.

These are tough times and cuts alone will not solve it. However, the Patrick Administration may not have thought through their plan carefully enough. Ever the optimist, the Governor's introduction to the budget announced that "Together we still can." It is nice to believe that and we should believe it, but we should also temper it with choices that solve the problems rather than aggravate them.

Tuesday, January 13, 2009

Four Stories for These Times...

The US Senate Gets the Rod...

Amid a corruption scandal in which embattled Illinois Governor Rod Blagojevich allegedly tried to sell President-Elect Barack Obama's Senate seat, Blagojovich, who remains, for the moment, selected former IL Attorney General Roland Burris. Democrats on the Hill fumed that Blagojevich had the nerve to appoint anybody. Although questions about Burris himself were raised, his only real crime was appearing on stage next to "Blago" when the announcement was made.

The Senate leadership originally promised not to seat Burris; however, facing mushy legal grounds not to and pressure from blacks to seat the African-American Senator-designate, the leadership relented and according to the AP, Burris will be sworn in within the next couple of weeks.

The debate about seating Burris, was unfortunately tinged from the beginning about implications of race. Needless to say, there was some desire on the part of the black community to replace Obama with another African-American. However, at Gov. Blagojevich's announcement, Representative Bobby Rush came forward and when he spoke highlighted the racial elements further. Blagojevich claimed that Sen. Majority Leader Harry Reid vetoed a slate of black candidates. The story that the governor tells is almost certainly apocryphal. However, it is possible that Reid may have thought that some of those candidates and others, black and white, would have great difficulty winning a full term when Obama's seat would be up for election in 2010.

The Democrats' decision to end this circus was in no small part due to President-elect Obama's insistence to end the distraction. Although behind the scenes and probably unofficial, Obama's influence must be present. He may be feeling some level of responsibility, resigning his seat too early after the November election. With Blagojevich's arrest impending, he probably did not think the governor would have the chutzpah to actually appoint a successor. It is wrong to blame Obama for any of this, but his role, however unwitting and honest, is present.

Ironically, if there was concern about the electability of whomever replaced Obama, Burris will have a more difficult time than others securing the seat in his own right. The GOP in Illinois will be able to draw a line from a corrupt Democratic governor to the Democratic incumbent. Burris will need to work overtime to fight off 2010's impending onslaught. It will not be because he is black. This is not because Illinois is some racial utopia (it isn't). It will be because somebody somewhere in Illinois was (allegedly) grossly corrupt.

Boston's Beat: Fires in and amongst the Department...

Last Friday, a Fire Truck entering the intersection of Parker Hill Avenue and Huntington Avenue, careened out of control after its brakes failed. As the name implies, Parker Hill is sloped and lacking brakes the fire truck flew through the intersection (luckily with the light), and crashed into an apartment complex. Lt. Kevin Kelley died upon impact. This incident, in the short term, has affected how the department looks into equipment maintenance.

However, in the long-term the tragedy has played into the city's struggle with its Fire Department. Still reeling from the aftereffects of the West Roxbury fire that killed firefighters Paul Cahill and Warren Payne, the city and the Firefighters union remain at an impasse about how to proceed with drug testing after a leaked autopsy report showed the former was legally drunk and the latter had cocaine in his system. Union leadership demands concessions to permit random drug testing. Like that incident, the union brass wants a concession to relieve firefighters of the job of routine maintenance on the fire trucks.

Brake maintenance would not be performed by the firefighters because they are not licenced mechanics, however today's Globe article implies that they do take part in the inspections. Having licensed mechanics perform the inspections might have caught the defects. Still, the union insists on getting something that might have saved one of its own. Like the West Roxbury incident, this issue comes down to both public safety and firefighter safety.

The only way around the impasse on these critical issues would be for the legislature to act either by altering the rules for the City of Boston's relationship with the Fire Department directly or altering collective bargaining rules more generally excluding certain things from negotiation and allowing or mandating municipalities to act unilaterally. Given unions extreme clout, this is very unlikely. However, if incidents like this continue, other municipal unions may back reform out of their own concern for their safety. Should a civilian death be tied to a similar impasse, it will be game over.

Firefighters are indeed heroes and like police and many higher-risk public employees positions deserve representation that can put the pressure on elected officials to give them what them what is fair and well-earned. However, union leaders, often concerned more for their position and career thumb their nose at their members' employers and nobody, neither the city, nor the politicians, nor the people, nor the members, are any better for it.

Canning the Fee Out the Back Door...

Springfield's trash fee may finally be headed for the can. Or is it? The legislature in informal sessions just prior to the new legislature's swearing-in passed Springfield's relief bill. It extends the loan repayment schedule to 15 years instead of five. It also creates a chief financial and administrative officer, who will manage city finances. Although apparently under mayor control, he/she cannot be fired or appointed without approval from the Commonwealth Secretary of Finance and Administration.

Cheryl Coakley-Rivera, however, inserted a number of amendments into the bill to fulfill her own political objectives. One required residency of city employees, subject to collective bargaining. Technically, this was already the law in Springfield, but largely unenforced and usually ignored by the Control Board to get qualified people in high positions. Another called for the trash fee to be repealed by 2011.

Bizarrely, Rep. Coakley-Rivera, a lawyer by profession, made a few mistakes. According to the Republican, she called for the specific FCB order that originally established the fee rescinded. That order had been declared illegal by Judge Constance Sweeney. Once the legal mess had been cleaned up, a new order was issued and that is the enabling force behind the current fee. Additionally, nothing in the law prevents the City Council from reestablishing the fee. However doubtful that may be, it could happen if an effective pay-as-you-throw system is established.

The blogosphere trades rumors about Rep. Coakley-Rivera trying to help City Councilor Jose Tosado run for mayor. The connection seems unclear, however. The Quid Pro Quo would undoubtedly raise eyebrows, but this cannot and will not be known unless Tosado runs for mayor in the next two election cycles.

What is strange, however, is the decision by a legislator, often critical of state-imposed decisions made during the suspension of home rule, would go about using the worst of the creature theory to end it. The creature theory, for those that don't know, says that all municipal governments and activities are creations of the state and therefore ultimately subject to its whim. Moreover her sloppiness in executing her agenda does not reflect well upon a veteran legislator such as herself.


There is a wider point, too. The trash fee, however burdensome and unfair, provides extra money from properties that do not produce much revenue for the city. The point was brought up on the Valley blogosphere, probably by a commenter, and WMassP&I regrets not being able to cite it directly. Some might argue that that is unfair, but residents with higher property tax burdens and the business community might argue that paying a disproportionate of the city's expenses, year after year is also unfair.

Informed at Last...

Governor Deval Patrick, by the power vested in him by the legislature, opted to place the Commonwealth's Backup Data Center at the city's abandoned Tech High School. The site has lain dormant since closing in 1986. A battle of sorts had been raging for the better part of two years between a camp led by Cong. Richard Neal and State Rep Thomas Petrolati D-Ludlow. Petrolati wanted it at STCC's technology park, ostensibly because it would be cheaper than renovating Tech.

However, STCC did not offer the same level of security for the sensitive information that would be stored there. Moreover, the city wanted to renovat--at long last--the eyesore of a property. Petrolati's insistence threatened the project's location in Springfield. Motives became even more suspicious when the legislature gave Gov. Patrick the power to place the project--anywhere in Western Mass's four counties. What places might it have been other than in Springfield?

Luckily this story has a happy ending for Springfield. The money is already available and design will begin immediately. Cong. Neal wanted Tech renovated, not only out nostalgia for the high school that graduated him, but to compliment the new Federal Courthouse. An influx of workers to the area might spur some new development in the area. Hopefully, this will compliment rather than compete with the rest of downtown. Perhaps of most interest will be some redevelopment of some of the housing in the area geared toward court and data center employees and lawyers. One step at a time, however.

*Photo from Relief Bill Signing from Springfield Intruder, Tech photo from Urban Compass
**Additional information from both Springfield stories from articles on both Springfield Intruder and Urban Compass.

Wednesday, January 07, 2009

2009 and Such...

From the Staff of WMassP&I:

I apologize for the most recent hiatus. Illness kept me away from blogging and made my time particularly agonizing. Alas one casualty of this was not just two week of no updates (this blog has gone longer than that), but the annual "The Year in Springfield" feature. By the time I recovered adequately, I felt that it would be rushed and not of the same quality of the past. Rather than throw it in a week after the year ended, it will have to be tabled for the 2008. A great deal of this blog's efforts in 2008 had a national focus, limiting its own retrospection.

Anyway, 2009 will prove to be a fascinating year for Springfield. The City will not only regain its autonomy, but an election unlike any in decades will shake up power at 36 Court. Over the next few months candidates for Ward and City Wide council seats will surface along with a probable mayoral challenger.

To that end, WMassP&I will try to be up on these changes along with transformations on Beacon Hill and the New US Congress and Obama Administration.

Thank you for readership and I appreciate your patience through the lulls. Stay tuned for quite an exciting year!